SV0082-16.pdf

1. REQUSITION NUMBER

See "Schedule B"

2. CONTRACT NO. 3.AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER

SV0082-16

6. SOLICITATION ISSUE DATE

10/06/2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Clara Roberts

b. TELEPHONE NUMBER (No collect calls)

850-878-2173

8. OFFER DUE DT/LOCAL TIME

11/08/2016 2:00PM EST

9. ISSUED BY CODE

Texarkana Filter UNICOR Federal Prison Industri Texarkana, TX 75505-0000

10. THIS AQUISITION IS

UNRESTRICTED

X SET ASIDE100 % FOR

X SMALL BUSINESS

SMALL DISADV.BUSINESS

8(A)

SIC:

SIZE STANDARD: 500 Emp.

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB X RFP

16. ADMINISTERED BY CODE

Texarkana Filter UNICOR Federal Prison Industri Texarkana, TX 75505-0000

17a. CONTRACTOR/OFFEROR CODE 99999999 FACILITY CODE

Undetermined Source

,, DC

TELEPHONE NO. TIN:

RFQ: 6200008561

17b. CHECK IF REMITANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18a. PAYMENT WILL BE MADE BY CODE

UNICOR FPI Central Acct Payable

PO BOX 11849

LEXINGTON, KY 40578-1849,

USA

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

See Section B

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

X FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO

THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE __________________________________

OFFER DATED __________________. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HERIN,

ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

Clara Roberts 850-878-2173

31c. DATE SIGNED

10/06/2016

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE

CONTRACT EXCEPT AS NOTED

32b. SIGNATURE OF AUTHORIZED GOVT. REPRESENTATIVE 32c. DATE

33. SHIP NUMBER

PARTIAL FINAL

34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD)

39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42d. TOTAL CONTAINERS

15. DELIVER TO CODE

UNICOR Federal Prison Industries Leopard Drive

TEXARKANA, TX 75505-0000

USA

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (10-95)

Prescribed by GSA - FAR (48 CFR) 53.212

PAGE 1 OF

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12,17,23,24 & 30

Terms of delivery: DST

ALL LINE ITEM QUANTITIES ARE ESTIMATES ONLY.

TERMS OF DELIVERY ARE F.O.B. DESTINATION TO:

UNICOR, Federal Prison Industries, Inc.

4001 Leopard Drive

Texarkana, Texas 75501

SOLICITATION IS 100% SET-ASIDE FOR SMALL BUSINESS.

Solicitation is issued as a ONE (1) BASE YEAR AND FOUR (4) - 1 YEAR OPTION PERIODS.

THE GOVERNMENT ANTICIPATES AN ALL OR NONE AWARD BASED ON BEST VALUE USING TRADE-OFFS AMONG THE EVALUATION FACTORS.

QUESTIONS PERTAINING TO THIS SOLICITATION MUST BE SUBMITTED IN WRITING NO LATER THAN WEDNESDAY, OCTOBER 26, 2016, VIA

EMAIL TO: CLARA.ROBERTS@USDOJ.GOV. NO PHONE CALLS PLEASE. ANY QUESTIONS RECEIVED AFTER THIS DATE WILL NOT BE

ADDRESSED.ALL QUESTIONS WILL BE ADDRESSED BY AMENDMENT TO THE SOLICITATION.

For a list, description and total estimated quantities of all items, refer to Section B.

UNICOR's desired delivery is 10 days or sooner after issuance of each delivery order. Vendors are required to provide their best manufacturing/delivery time for evaluation, and delivery schedule will be established at time of award.

Delivery orders will be issued in accordance with 52.216-19.

Vendors shall submit signed and dated offers either by facsimile or overnight delivery (FedEx, UPS, etc.). Facsimile number is 352-330-8100. Any of the overnight delivery carriers will be accepted with delivery to: UNICOR Federal

Prison Industries, 501 Capital Circle NE, Tallahassee, FL 32301 Attn: Clara Roberts, UNICOR; SV0082-16. Offers shall be submitted on the SF1449. OMB Clearance 1103-0018.

The date and time for receipt of proposals is TUESDAY, NOVEMBER 8, 2016 at 2:00 p.m. EST. Offer must indicate

Solicitation No. SV0082-16, time specified for receipt of offer, name, address and telephone number of offeror, technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Offer must include acknowledgment of all amendments, if any.

THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE OFFEROR:

VENDOR'S DUN & BRADSTREET NUMBER:_______________________________

VENDOR'S POINT OF CONTACT: _____________________________________

VENDOR'S TELEPHONE & FAX NUMBER: _______________________________

VENDOR'S EMAIL ADDRESS: ________________________________________

VENDOR'S BUSINESS SIZE (i.e. SMALL, LARGE, ETC.): ________________

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System Award Management) prior to award, during performance and through final payment of any contract resulting from this solicitation.

DJU6200008561 PAGE 2 OF 20

Request For Quote

_______________________________________________ Signature

The Administrative Contracting officer is TBD.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date

00001 SHS2051 21,002,400.000 FT 5000038802

C,2002009,EXPANDED-METAL,18-7/8X1800

00002 SHS2052 21,002,400.000 FT 5000038802

C,2002011,EXPANDED-METAL,22-3/4X1800

00003 SHS2053 21,002,400.000 FT 5000038802

C,2002012,EXPANDED-METAL,23-7/8X1800

00004 FIL9126 21,002,400.000 FT 5000038802

C,1002209,PLEAT-MEDIA,19-3/4X3600

00005 FIL9127 28,756,800.000 FT 5000038802

C,1002212,PLEAT-MEDIA,23-1/2X3600

00006 FIL9128 21,002,400.000 FT 5000038802

C,1002213,PLEAT-MEDIA,24-5/8X3600

00007 FIL5002012 79,973 EA 5000038802

12X24X1

00008 DCL9107 720,000 EA 5000038802

00009 DCL9108 320,000 EA 5000038802

C,5002028,DIE-CUT,16X25X1

00010 DCL9109 1,400,000 EA 5000038802

00011 DCL9111 1,260,000 EA 5000038802

00012 DCL0339 110,000 EA 5000038802

C,5002104,DIE-CUT,12X24X2

00013 DCL9112 1,280,000 EA 5000038802

00014 DCL9207 31,500 EA 5000038802

C,5002054,DIE-CUT

00015 DCL9113 1,200,000 EA 5000038802

C,5002122,DIE-CUT,16X25X2,

00016 DCL9114 1,070,000 EA 5000038802

C,5002116,DIE-CUT,20X20X2

00017 DCL0338 640,000 EA 5000038802

C,5002117,DIE-CUT,20X24X2

00018 DCL9115 1,480,000 EA 5000038802

00019 DCL9116 1,260,000 EA 5000038802

00020 DCL8000 1,176,000 EA 5000038802

00021 DCL8001 90,000 EA 5000038802

C,502301,DIE-CUT-BOTTOM,16X20X4

DJU6200008561 PAGE 3 OF 20

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Item No. SUPPLIES OR SERVICES Quantity U/M UNIT PRICE AMOUNT IN US$ PR Number Del.Date

00022 DCL9118 80,000 EA 5000038802

C,5002584,DIE-CUT,16X20X4

00023 DCL0342 14,000 EA 5000038802

C,5002593,16X20X4,DIE-CUT

00024 DCL9122 100,000 EA 5000038802

C,5002302,DIE-CUT-BOTTOM,16X25X4

00025 DCL9119 50,000 EA 5000038802

C,5002585,DIE-CUT,16X25X4

00026 FIL1"STRIP 4,000 EA 5000038697

48"STRIP-1"-CAPPING

00027 FIL3001001 20,570.000 LB 5000038697

CUSTOM-HOT-MELT-GLUE

00028 FIL3025001 8,640.000 LB 5000038697

HOT-MELT-GLUE

00029 FIL53832 2,582,405.000 FT 5000038697

00030 ADH0198 21,500.000 GAL 5000038697

00031 FILSDX1 11,880.000 GAL 5000038697

55GAL-COLD-GLUE-DRUMS

00032 FIL50050 33,815 EA 5000038697

00033 FIL54344 607,500.000 FT 5000038697

00034 ADH0199 30,080.000 LB 5000038697

00035 FIL3002006 13,160 EA 5000038697

DJU6200008561 PAGE 4 OF 20

PLEASE READ THIS SOLICITATION IN ITS ENTIRETY

PART I: INFORMATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is

SV0082-16 and this solicitation is issued as a Request For Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-91. The North American Industry

Classification System code is 333413 Industrial and Commercial Fan and Blower and Air Purification Equipment

Manufacturing. This requirement is 100% SET ASIDE FOR A SMALL BUSINESS, small business size standard for this solicitation is 500 employees. UNICOR, Federal Prison Industries, Inc., intends to enter into a firm-fixed price, requirements type contract, with a period of performance being be one (1) year with four (4), one year Options, for the following commercial item(s):

See Section B for list of items.

ALL ITEMS WILL BE AWARDED TO ONE OFFEROR. FAILURE TO SUBMIT AN OFFER ON ALL ITEMS MAY PREVENT AN OFFER FROM BEING

CONSIDERED FOR AWARD.

Required delivery shall be DELIVERY SHALL BE 10 days after receipt of delivery order (ARO) for consignment and non consignment inventory. Orders with multiple delivery dates will ship in time to ensure delivery by the requested date.

Early delivery must be approved by an authorized contracting officer, otherwise early deliveries may be returned to the contractor at the contractor's expense. In addition to standard label, each shipping unit must be labeled with purchase order number, size and Unicor part number. Offeror will be required to maintain a consignment inventory.

CONSIGNMENT INVENTORY: Contractor will build and maintain a full truckload (53' trailer) of parts for pleated media, die cuts for pleated filters, wire for pleated filters and cardboard shipping boxes for pleated filters listed below.

The contractor will be required to furnish the 53' trailer. These parts must be included in the offeror proposal.

Contractor agrees to hold the inventory in warehouse on government property at no additional cost to UNICOR, FPI. The full truck load inventory will be maintained until directed by UNICOR authorized personnel to reduce. Payments for items withdrawn from consignment inventory will be made monthly to the contractor. All consignment inventory held in stock at the end of the contract will be returned to contractor at no cost to UNICOR, FPI. Consignment inventory must be built within 14 calendar days of contract award date. Delivery shall be 14 days ARO for the first delivery.

The following parts must be included in offeror proposal in an Excel spreadsheet for consignment inventory with part#, size, description, quantity unit price and grand total(See Attachment 1):

Metal Wire

Filter Part # Size Minimum Quantity

FIL2002009 18 7/8" X 1800' 1800 ft

FIL2002011 22 3/4" X 1800' 1800 ft

FIL2002012 23 7/8 X 1800' 1800 ft

Media

Filter Part # Size Minimum Quantity

FIL1002209 19 3/4 x 3600 3600 ft

FIL1002212 23 1/2 x 3600 3600 ft

FIL1002213 24.625 x 3600 3600 ft

DJU6200008561 PAGE 5 OF 20

1" Die-Cuts

Filter Part # Size Minimum Quantity

FIL5002012 12x24x1 500 ea

FIL5002025 16x20 500 ea

FIL5002028 16x25 500 ea

FIL5002035 20x20 500 ea

FIL5002038 20x25 500 ea

FIL5002042 24x24 ((2 ea) 500 ea

2"Die-Cuts

Filter Part # Size Minimum Quantity

FIL5002104 12X24X2 500 ea

FIL5002110 16x20 500 ea

FIL5002054 16x24 500 ea

FIL5002122 16x25 500 ea

FIL5002116 20x20 500 ea

FIL5002117 20X24 500 ea

FIL5002123 20x25 500 ea

FIL5002169 24x24(BOT) 500 ea

FIL5002119 24x24(TOP) 500 ea

4"Die-Cuts

Filter Part # Size Minimum Quantity

FIL5002301 16x20(BOT) 500 ea

FIL5002584 16x20(TOP) S/C 500 ea

FIL5002593 16x20(TOP) H/C 500 ea

FIL5002302 16x25(BOT) 500 ea

FIL5002585 16x25(TOP) S/C 500 ea

FIL5002594 16x25(TOP) H/C 500 ea

FIL5002304 20x20(BOT) 500 ea

FIL5002587 20x20(TOP) S/C 500 ea

FIL5002596 20X20(TOP) H/C 500 ea

FIL5002305 20X24(BOT) 500 ea

FIL5002588 20X24(TOP) S/C 500 ea

FIL5002597 20x24(TOP) H/C 500 ea

FIL5002306 20x25(BOT) 500 ea

FIL5002589 20x25(TOP) S/C 500 ea

FIL5002598 20x25(TOP) H/C 500 ea

FIL5002307 24x24(BOT) 500 ea

FIL5002581 24x24(TOP) S/C 500 ea

FIL5002293 24x24(TOP) H/C 500 ea

Carton

Filter Part # Size Minimum Quantity

FIL4001040 20x24x2 300 ea

FIL4001047 25x25x2 300 ea

FIL4002003 12x24x2 300 ea

FIL4002008 20x25x1 300 ea

FIL4002009 20x20x1 300 ea

DJU6200008561 PAGE 6 OF 20

FIL4002010 16x25x1 300 ea

FIL4002011 16x20x1 300 ea

FIL4002012 24x24x1 300 ea

FIL4002013 20x25x2 300 ea

FIL4002014 20x20x2 300 ea

FIL4002015 16x25x2 300 ea

FIL4002016 16x20x2 300 ea

FIL4002017 24x24x2 300 ea

The government and the contractor will be required to monitor the consignment inventory level on a regular basis to ensure that the appropriate quantities are maintained at all times. The contractor will conduct annual inventory of consignment inventory.

The government will not provide samples or descriptive literature for this requirement to interested offeror.

Offeror must provide a Management Plan for evaluation detailing the following: support inventory, consignment, raw material identification, raw material conformance.

If any travel is required the offeror will be responsible for it's own travel expense.

1. Introduction and Overview

This statement of work is for marketing and manufacturing support for Heating, Ventilation and Air Conditioning filters, as well as other types of HVAC related filters. Federal Prison Industries, (FPI) is seeking to manufacture all types of HVAC filters in one or more of its factories.

1.1 Background

The FPI factory in Texarkana, TX manufactures several different types of HVAC filters. FPI is seeking a contractor who shall market various filters to federal government facilities. FPI will purchase all materials necessary for the manufacturing process of the filters from the contractor. The contractor shall propose a complete HVAC and air filtration solution for federal government customers. The contractor must achieve sales goals to sustain the factory in Texarkana, TX since FPI is self sustaining. The contractor must also provide any necessary manufacturing support to the factory in Texarkana, TX, particularly for new products proposed.

Any quantities specified in this requirement are estimates only and will not obligate the Government.

1.2. Scope of Work

The contractor shall seek work on behalf of FPI for all federally funded HVAC and air filtration projects. The contractor must propose a full offering of filter products for all government customers. All materials shall be UL

Listed.

FPI intends to purchase all materials from the contractor. The contractor shall propose a consignment program for high volume raw materials. Please see attached spreadsheets for these materials. The materials must include media for pleated filters, die cuts for pleated filters, wire for pleated filters, and cardboard shipping boxes for pleated filters.

Sales and Sales Fee

The contractor shall obtain sales of filter products of the following minimum amounts and based upon the federal government fiscal year:

2017 $5.0 Million

2018 $5.3 Million

2019 $5.7 Million

DJU6200008561 PAGE 7 OF 20

2020 $6.0 Million

2021 $6.3 Million

If the Contractor fails to generate the required sales amount, the following reduction in Sales Fees will be taken:

Sales less than 100% but more than 90%; reduction of 10%

Sales between 80% and 90%; reduction of 15%

Sales between 70% and 79%; reduction of 20%

Sales between 60% and 69%; reduction of 25%

Sales of less than 60%; reduction of 50% of the sales fee.

If the contractor exceeds sales by more than 10%, the Contractor will be paid one additional percent for sales above the required sales levels required for the fiscal year.

FPI will pay the sales fee to the Contractor on a monthly basis. The contractor shall propose a sales fee as a percentage of monthly sales. Sales are hereby generally defined as filter products shipped to the FPI customer and are exclusive of any design, installation, warranty work, disposal, freight, etc., paid for by potential customers. A sale is not realized until FPI ships all products to the customer, and generates an invoice to the customer. Each quarter, the Contractor and FPI will reconcile any discrepancies in reported sales and accordingly adjust the amount paid under the fee if necessary.

The sales fee shall not include any actual cost of freight to ship the product to the customer.

If there is a discrepancy between FPI and the Contractor, the Contracting Officer shall make the final determination.

Sales Representation

The success of this contract is in large part based on the ability of the contractor to achieve the specified sales goals. Without achievement of the goals, inmate employment and the economic viability of the program will diminish greatly. Should the contractor fail to meet the sales goals, FPI reserves the right to terminate this contract at no cost to the government.

The Contractor will be responsible for the entire sales process from initial lead identification through the generation of a quote to the customer. The Contractor has wide discretion in how this is implemented; however, it must be consistent with best business practices.

It is the Contractor's responsibility to provide the sales support for this initiative. It is the Contractor's responsibility to achieve the sales goals.

FPI will provide, at its discretion, sales support to the Contractor when requested. Contractor, along with its private sector partners, will handle all sales related phone calls, quotations and service the customer. The

Contractor will utilize its private sector partners' web sites', "800" numbers, staff, etc.

UNICOR will pay the freight to customers on sales orders of $2,000 or more.

Every effort shall be made to ensure that quoted prices to customers are a minimum of 55% more than the cost of raw materials plus commission plus freight for the total order. Deviations must be approved by either the Factory Manager or the Program Manager. It may be necessary to re-negotiate the commission structure by quote in order to become competitive enough to get the customer order.

Marketing Support

FPI will include the products/services under this agreement in the usual catalogs, flyers, brochures, etc., that FPI

DJU6200008561 PAGE 8 OF 20

produces and distributes as part of FPI usual marketing effort. FPI will make available to the Contractor, it's customer e-mail addresses, web resources, customer mailing addresses, etc. Contractor will provide for the reasonable cost associated with printing and distributing of marketing literature.

Contractor shall provide a non-mandatory source sales approach.

Customer Service

It is the Contractor's responsibility to provide pre and post customer service support. This includes, but is not limited to, testing of data, working with customers in the customers' facility, disposal of product, design of unique or custom filtration systems, certifications, etc. Contractor will implement a quality control plan part of which will be to conduct on-going customer satisfaction surveys as well as to document all customer complaints and to resolve those complaints within a reasonable period of time. Contractor will provide FPI with the results of the customer satisfaction survey as well as customer complaints and resolution on a quarterly basis. Contractor will submit its quality control plan to FPI within 30 days from the date of this Agreement.

The Contractor shall work with factory personnel to ensure that customer orders are entered into the FPI SAP system in a timely manner. The factory personnel will enter the customer orders into the FPI SAP system.

Technical Support

Contractor will provide FPI the technical support required to ensure smooth implementation of any additional items that FPI chooses to vertically integrate as well as ongoing technical support at FPI's request during the life of this contract. Technical Support will include, at a minimum but is not limited to, product, manufacturing, factory, and materials management support.

Vertical Integration

UNICOR reserves the right to fully manufacture any proposed items at any time during the contract.

The Contractor shall ensure that customer orders are entered into the FPI SAP system in a timely manner.

Product Design

Contractor will provide design services, testing services, certification services and technical support services for all products listed in this contract and for any new products that might be developed under this agreement.

Manufacturing Support

Contractor shall provide all manufacturing support necessary to ensure that factory lay out, bills of materials, time studies, labor requirements, training, etc., optimize production and ensure that manufacturing support is available to

FPI on an ongoing basis, if needed.

Materials Management

Contractor will suggest material levels to ensure that appropriate inventories are keep at minimum levels while maintaining adequate inventories necessary to meet industry standard delivery, quality and price standards to potential customers. Material quality shall meet or exceed industry standards. Contractor will provide FPI with market priced raw materials for this initiative. If FPI determines that FPI can procure materials for 90% or less of the prices being charged by the contractor, FPI, at its option, can either procure the materials from sources other than the contractor, or allow the contractor to reduce its prices for raw materials to acceptable levels.

The contractor shall be able to provide, in conjunction with FPI, a complete HVAC filter program to all customers. Any materials not classified as raw materials shall be provided by the contractor, and in such a manner as to satisfy the customer requirement.

The contractor shall propose a consignment program for high volume raw materials that must include at a minimum:

DJU6200008561 PAGE 9 OF 20

pleated media, die cuts for pleated filters, wire for pleated filters, and cardboard shipping boxes for pleated filters. At the end of this contract term, any unused consignment materials shall be returned to the contractor at no cost to Unicor.

Raw Materials

Raw materials costs shall be specified within the solicitation, for any materials not proposed for the consignment program. Any raw materials not proposed for consignment shall be delivered to the factory within 10 calendar days after contractor receipt of a delivery order. If minimum buys for non-consignment materials are required, the contractor shall state the quantity of the minimum buy as part of the proposal.

Equipment

Should additional equipment be required, the contractor shall discuss the needs with UNICOR, which will approve what is allowed. UNICOR will issue a Purchase Order/Delivery Order either to the contractor or to the company in which the equipment should come from. Should the contractor provide the equipment, they will be responsible for the installation, warranties and necessary training. The equipment should be up and running in the factory within 90 days after approved and a PO has been issued. There shall be no mark up on any equipment purchased by the contractor.

All equipment will be owned by UNICOR at the end of the contract.

Contractor agrees to provide all sales documentation on equipment the contractor buys in order to substantiate equipment costs.

1.3 Objectives

The expected objective resulting from this contract is continued business for the Filter factory in Texarkana, Texas.

None of the services listed above constitute an employer/employee relationship.

Period of Performance

The period of performance shall be one (1) base year with four (4), 1 year option periods.

2. Requirements

The contractor shall seek work to be manufactured in the FPI factory at Texarkana, TX. The contractor must provide each customer with a competitively priced quote. The contractor shall provide a raw materials consignment program.

NOTICE TO GOVERNMENT WHEN CONTRACTOR(S) DELAYS:

In the event the contractor(s) encounter difficulty in meeting performance requirements, or when there is an anticipated difficulty in complying with the delivery terms or completion dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely delivery/performance of this contract, the contractor must immediately notify the Field Administrative Contracting Officers at UNICOR Phoenix, AZ or in writing, giving pertinent details. This information will not be construed as a waiver by the Government of the required delivery schedule, or the Governments rights to impose consideration against delinquencies or other remedies provided by this contract.

Best Commercial Customer Category:

Contractor agrees that FPI is in the category of the most favored or best commercial customer category of the

Contractor and as such, the Contractor will :

During the contract period, the Contractor shall report to the Contracting Officer all price reductions offered to the category of customers that are considered by the Contractor to be their most favored or best commercial customer.

DJU6200008561 PAGE 10 OF 20

1. A price reduction shall apply to purchases under this contract if, after the award date, the Contractor-

i) Revises downward its commercial catalog, price list, schedule, etc., to its best commercial customers (or category of customers) below the awarded price under this contract;

ii) Grants more favorable discounts or terms and conditions to its best commercial customers than those contained in this contract that would result in prices below the awarded price under this contract, an/or

iii) Grants special discounts to its best commercial customer (or category of customers) that would result in prices lower than the awarded price under this contract.

2. The Contractor shall offer the price reduction to FPI with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers).

The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period.

The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after its effective date.

Future requirements for these or similar items from this or other UNICOR factories may be added to the resulting contract if considered to fall within the scope of work and the price is determined to be fair and reasonable.

Packaging shall comply with the specifications of ASTM D-3951-95, standard practice for commercial packages.

INVOICES ARE TO BE MAILED TO:

UNICOR, Federal Prison Industries

Central Accounts Payable

P.O. Box 11849

Lexington, KY 40578-1849

ATTN: Carla Coleman, Supervisory Operating Accountant

PH: 1-800-827-3168

Or

INVOICES ARE TO BE EMAILED TO:

accounts.payable@usdoj.gov

UNICOR may add like items and other factories to contract after award and as the need arises, at which time prices will be negotiated.

UNICOR may utilize government issued credit card to procure materials on the awarded contract.

UNICOR must receive an RMA for the return of defective products, otherwise defective products will be destroyed after

30 days.

PART II: FAR CLAUSES

52.204-4, Printed or Copied Double-Sided on Recycled Paper, MAY 2011)

52.211-16, Variation in Quantity (APR 1984) of two (2) percent increase or two (2) percent decrease, applied to the quantity per line item in each delivery order;

52.212-4, Contract Terms and Conditions - Commercial Items (MAY 2015).

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Sept

2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

DJU6200008561 PAGE 11 OF 20

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41

U.S.C. 4704 and 10 U.S.C. 2402).

X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010)

(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31

U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L.

111-117, section 743 of Div. C).

X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2015) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)

X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

X_ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small

Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible

Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

DJU6200008561 PAGE 12 OF 20

X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42

U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.

13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun

2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (46)(i) 52.225-3, Buy American-Free

Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19

U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (47) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_ (48) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (49) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (50) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (51) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (53) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X_ (54) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (55) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.

3332).

X_ (56) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

DJU6200008561 PAGE 13 OF 20

__ (57) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (58)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__(1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option

Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or

Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services-Requirements (May 2014) (41 U.S.C. chapter 67). ).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S. C. 1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 215) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495) Flow down required in accordance with paragraph (l) of FAR Clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

DJU6200008561 PAGE 14 OF 20

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) _X_ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015). (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and

10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216-18, Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the date of award through five (5) years thereafter.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.;]

52.216-19, Order Limitation FAR 52.216-19 (a) minimum delivery order of 1 each for a single line item; (b)(1) max delivery order for a single item in excess of 500 each; (b)(2) any order for a combination of items in excess of 1000 each, contractor will not be obligated to honor. Contractor will not be obligated to honor a series of orders from the same ordering office, within a 15 day period that together call for quantities exceeding the maximum order limitations. However, the contractor shall honor orders exceeding the maximum order limitations unless the order(s) are returned to the ordering office within seven calendar days after issuance with a written statement expressing the contractor's intent not to ship;

52.216-21, Requirements (Oct 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

DJU6200008561 PAGE 15 OF 20

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 10 calendar days after contract validity end.

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within __7 days___ [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __60 days___ days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _5 years___.

52.232-18, Availability of Funds (APR 1984)

52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)

52.246-15, Certificate of Conformance (APR 1984)

52.247-34, F.O.B. Destination, (NOV 1991) delivery shall be FOB destination to:

UNICOR

Federal Prison Industries, Inc.

Filter Factory

4001 Leopard Drive

Texarkana, TX 75501

52.252-2, Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

___________www.acquisition.gov__________________

JAR 2852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (JAN 1985)

(a) TBD, telephone is hereby designated to act as Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort fills in details or otherwise serves to accomplish the contractual

Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services

DJU6200008561 PAGE 16 OF 20

furnished for payments.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions, it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes in writing and signed.

2852.233-70 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE

(JAN 1998)

(a) The following definitions apply in this provision:

(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.

(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the

Contracting Officer or the Agency Protest Official.

(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

(b) A protest filed directly with the Department of Justice must:

(1) Indicate that it is a protest to the agency.

(2) Be filed with the Contracting Officer.

(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest.