SV0105-20.PDF

1. REQUSITION NUMBER

See "Schedule B"

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

SV0105-20

6. SOLICITATION ISSUE DATE

12/05/2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

April Smith

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DT/LOCAL TIME

12/30/2019 2:00PM

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)

NAICS: 333413

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 FACILITY CODE

TELEPHONE NO. TIN:

RFQ: 6200008918

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)

Edwin Ingram

31c. DATE SIGNED

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

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

UNICOR, Federal Prison Industries, Inc.

Unicor, Federal Prison Industries

Leopard Dr.

Texarkana, TX 75505-0000

Solicitation is issued as a one (1) year base year and four (4), one year option periods for a total of five (5) years, if exercised, firm fixed price indefinite delivery-indefinite quantity type contract with Economic Price

Adjustment for PCU333413333413131 Air Filters for Air-Conditioners and Furnaces, etc. of 2400 CFM or Less, Except

Parts

Offerors which do not agree with the Producer Price Index listed above are required to submit the price index that they believe is correct to the contracting officer at least five (5) calendar days prior to the due date for offers.

The index submitted will be evaluated, and changed by amendment to the solicitation if necessary.

PPI #____________________________________________

SOLICITATION IS 100% SET ASIDE FOR SMALL BUSINESS

QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN WRITING VIA EMAIL TO: april.smith3@usdoj.gov

NO PHONE CALLS PLEASE.

QUESTIONS WILL NOT BE ACCEPTED AFTER WEDNESDAY, DECEMBER 18, 2019, AT 2:00 P.M. EASTERN TIME. All answers will be posted as an amendment to the solicitation.

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

UNICOR's desired delivery is 15 calendar days from receipt of each delivery order issued for both 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. Vendors are required to provide their best manufacturing/delivery time for evaluation which will be evaluated under technical factors as a go/no go. 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 by email to april.smith3@usdoj.gov Offers shall be submitted on the

SF1449. OMB Clearance 1103-0018.

The date and time for receipt of proposals is December 30, 2019 at 2:00 p.m. (Eastern Standard Time). Offer must indicate Solicitation No. SV0105-20, 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: _____________________________________

DJU6200008918 PAGE 2 OF 23

Request For Quote

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 submitting a proposal, during performance and through final payment of any contract resulting from this solicitation.

_______________________________________________ Signature

The Administrative Contracting officer is April Smith at april.smith3@usdoj.gov

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 PAC1699 44,000 EA 5000044734

00002 PAC6701 26,000 EA 5000044734

C,4002010,CARTON,16X25X1

00003 PAC6704 31,000 EA 5000044734

00004 PAC6705 23,000 EA 5000044734

00005 PAC6706 27,000 EA 5000044734

00006 PAC6707 41,000 EA 5000044734

00007 PAC6713 53,000 EA 5000044734

00008 PAC6725 15,000 EA 5000044734

C,4002003,CARTON,12X24X2

00009 DCL0338 180,000 EA 5000044734

C,5002117,DIE-CUT,20X24X2

00010 DCL0339 98,000 EA 5000044734

C,5002104,DIE-CUT,12X24X2

00011 DCL0340 5,000 EA 5000044734

C,5002594,16X25X4,DIE-CUT

00012 DCL0341 23,000 EA 5000044734

C,5002596,20X20X4,DIE-CUT

00013 DCL0342 4,000 EA 5000044734

C,5002593,16X20X4,DIE-CUT

00014 DCL0343 65,000 EA 5000044734

C,5002293,24X24X4,DIE-CUT

00015 DCL0344 9,000 EA 5000044734

C,5002598,20X25X4,DIE-CUT

00016 DCL8000 317,000 EA 5000044734

00017 DCL8001 24,000 EA 5000044734

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

00018 DCL9107 186,000 EA 5000044734

00019 DCL9108 166,000 EA 5000044734

C,5002028,DIE-CUT,16X25X1

00020 DCL9109 350,000 EA 5000044734

DJU6200008918 PAGE 3 OF 23

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

00021 DCL9110 91,000 EA 5000044734

C,5002038,DIE-CUT,20X25X1

00022 DCL9111 182,000 EA 5000044734

00023 DCL9112 266,000 EA 5000044734

00024 DCL9113 209,000 EA 5000044734

C,5002122,DIE-CUT,16X25X2,

00025 DCL9114 276,000 EA 5000044734

C,5002116,DIE-CUT,20X20X2

00026 DCL9115 274,000 EA 5000044734

00027 DCL9116 315,000 EA 5000044734

00028 DCL9117 24,000 EA 5000044734

C,5002581,DIE-CUT,24X24X4

00029 DCL9118 19,000 EA 5000044734

C,5002584,DIE-CUT,16X20X4

00030 DCL9119 15,000 EA 5000044734

C,5002585,DIE-CUT,16X25X4

00031 DCL9120 20,000 EA 5000044734

C,5002587,DIE-CUT,20X20X4

00032 DCL9121 35,000 EA 5000044734

00033 DCL9122 19,000 EA 5000044734

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

00034 DCL9123 42,000 EA 5000044734

C,5002304,DIE-CUT-BOTTOM,20X20X4

00035 DCL9124 39,000 EA 5000044734

00036 DCL9125 89,000 EA 5000044734

00037 DCL9126 26,000 EA 5000044734

C,5002057,DIE-CUT,18X24X2

00038 DCL9127 9,000 EA 5000044734

FIL5002595,18X24X4(TOP)-H/C,DIE-CUT

00039 DCL9128 12,000 EA 5000044734

FIL5002303,18X24X4(BOT),DIE-CUT

00040 DCL9129 3,000 EA 5000044734

FIL5002586,18X24X4(TOP)-S/C,DIE-CUT

00041 DCL9202 4,000 EA 5000044734

C,5002165,DIE-CUT

00042 DCL9203 3,000 EA 5000044734

C,5002115,DIE-CUT

00043 DCL9205 16,000 EA 5000044734

C,5002047,DIE-CUT

00044 DCL9207 35,000 EA 5000044734

C,5002054,DIE-CUT

00045 DCL9210 4,000 EA 5000044734

C,5002120,DIE-CUT,FILTERATION-SVC

DJU6200008918 PAGE 4 OF 23

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

00046 DCL9211 4,000 EA 5000044734

00047 FIL5002012 93,000 EA 5000044734

12X24X1

00048 FIL5002305 13,000 EA 5000044734

20X24X4,PLEAT-DIE-CUT-BOTTOM

00049 FIL5002588 10,000 EA 5000044734

20X24X4,PLEAT-DIE-CUT-TOP-W/FINGER-SC

00050 FIL5002597 5,000 EA 5000044734

00051 SHS2051 4,958,000.000 FT 5000044734

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

00052 SHS2052 5,994,000.000 FT 5000044734

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

00053 SHS2053 3,694,000.000 FT 5000044734

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

00054 FIL1002127 51,000.000 FT 5000044734

00055 FIL1002128 119,000.000 FT 5000044734

00056 FIL1002129 26,000.000 FT 5000044734

00057 FIL1002131 24,000.000 FT 5000044734

PLEAT-MEDIA,19-3/4X2580,MERV-13

00058 FIL1002132 55,000.000 FT 5000044734

PLEAT-MEDIA,23-3/4X2580,MERV-13

00059 FIL1002133 24,000.000 FT 5000044734

PLEAT-MEDIA,24-3/4X2580,MERV-13

00060 FIL9126 5,156,000.000 FT 5000044734

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

00061 FIL9127 6,081,000.000 FT 5000044734

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

00062 FIL9128 3,913,000.000 FT 5000044734

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

00063 FIL3001001 25,000.000 LB 5000044735

CUSTOM-HOT-MELT-GLUE

00064 FIL3002006 9,000 EA 5000044735

DJU6200008918 PAGE 5 OF 23

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

00065 FIL3025001 18,000.000 LB 5000044735

HOT-MELT-GLUE

00066 FIL50050 30,000 EA 5000044735

00067 FIL53832 2,376,000.000 FT 5000044735

00068 FIL54344 207,000.000 FT 5000044735

00069 FILSDX1 28,000.000 GAL 5000044735

55GAL-COLD-GLUE-DRUMS

DJU6200008918 PAGE 6 OF 23

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:

2020 $5.3 Million

2021 $5.7 Million

2022 $6.0 Million

2023 $6.3 Million

2024 $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

DJU6200008918 PAGE 7 OF 23

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 $1,500.00 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 produces and distributes as part of FPI usual marketing effort. FPI will make available to the Contractor, its 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

DJU6200008918 PAGE 8 OF 23

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.

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.

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:

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 no 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 purchase the additional equipment, install all equipment, provide all warranties, provide the necessary training, and have the equipment up and running in the

DJU6200008918 PAGE 9 OF 23

factory within 90 days after a delivery order has been issued. The contractor shall be reimbursed for the actual cost of the equipment. There shall be no mark up on any equipment purchased by the contractor.

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

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

1.3 Objectives

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

Period of Performance

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

1.4 Projected Cost

The estimated cost of this contract during five years may be in excess of $10,000,000.

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.

3. Additional Requirements

1. UNICOR must maintain revenue recognition and remain within policy guidelines at all times. Therefore, the contractor must provide a signed bill of lading and packing list of accessory items; and/or drop shipments, to

UNICOR, on the same day the orders are shipped.

2. For FOB destination orders - UNICOR will pay the freight on sales orders of $2k or more.

3. Contractor must be able to sell each item above the cost for UNICOR to produce the item.

4. Contractor must follow UNICOR's month and year end shipping guidelines. Destination shipping cut-off dates are usually 5 days before the last business day of the month. Origin shipping is usually the last day of the month with a specific cut-off time so deliveries notes can be entered. Year-end cut off dates vary. UNICOR will provide these dates to the Contractor each month.

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

DJU6200008918 PAGE 10 OF 23

SV0105-20 and this solicitation is issued as a Request For Proposals (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-01. The North

American Industry Classification System code is 333413, Air Filters for Air-Conditioners and Furnaces, etc. of 2400

CFM or Less, Except Parts. This requirement is 100% set-aside for small business; small business size standard for this solicitation is 500. UNICOR, Federal Prison Industries, Inc., intends to enter into a one (1) year base year and four (4), one year option periods, if exercised, firm fixed price indefinite delivery-indefinite quantity, contract for the following commercial item(s):

SEE SECTION B FOR LIST OF ITEMS/0001-0069. GUARANTEED MINIMUM QUANTITY IS $2,000 OVER THE LIFE OF THE CONTRACT; WITH

$100.00 PER ORDER GUARANTEED MINIMUM. NOT-TO-EXCEED QUANTITY FOR THE LIFE OF CONTRACT IS 10,000,000. MAXIMUM ORDER

AMOUNT IS 10,000,000

ALL ITEMS WILL BE AWARDED TO ONE OFFEROR, AS MIXED VENDORS WILL VOID MANUFACTURER WARRANTY, ON ALL PRODUCTS. FAILURE

TO SUBMIT AN OFFER ON ALL ITEMS MAY PREVENT AN OFFER FROM BEING CONSIDERED FOR AWARD.

PRODUCTS MUST INCLUDE CERTIFICATE OF CONFORMANCE, AND BE DELIVERED WITH PRODUCT.

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

1" Die-Cuts

Filter Part # Size Minimum Quantity

DJU6200008918 PAGE 11 OF 23

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

FIL4002010 16x25x1 300 ea

FIL4002011 16x20x1 300 ea

FIL4002012 24x24x1 300 ea

DJU6200008918 PAGE 12 OF 23

FIL4002013 20x25x2 300 ea

FIL4002014 20x20x2 300 ea

FIL4002015 16x25x2 300 ea

FIL4002016 16x20x2 300 ea

FIL4002017 24x24x2 300 ea

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. THE CONTRACTOR SHALL SEEK WORK ON BEHALF OF FPI FOR ALL FEDERALLY FUNDED HVAC AND AIR FILTRATION PROJECTS.

THE CONTRACTOR MUST PROPOSE 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 THE ATTACHED LIST. 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 REPRESENTATION

THE SUCCESS OF THE 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.

Any contract resulting from this solicitation will not be an obligation. Funds will be obligated by delivery orders.

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

(TEXARKANA) 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.

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.

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.

DJU6200008918 PAGE 13 OF 23

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.

INVOICES ARE TO BE MAILED TO:

UNICOR, Federal Prison Industries

Central Accounts Payable

P.O. Box 11849

Lexington, KY 40578-1849

ATTN: Supervisory Operating Accountant

PH: 1-800-827-3168

Or

INVOICES ARE TO BE EMAILED TO:

accounts.payable@usdoj.gov

PART II: FAR CLAUSES

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

52.212-4, Contract Terms and Conditions - Commercial Items (OCT 2018).

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

2019)

(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:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section

743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 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 2018) (Pub. L. 109-282) (31

DJU6200008918 PAGE 14 OF 23

U.S.C. 6101 note).

___(5) [Reserved].

___(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (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 (Oct 2018) (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 2018) (15 U.S.C. 637(d)(2) and (3)).

___(17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018)

___(ii) Alternate I (Jan 2017) of 52.219-9.

___(iii) Alternate II (Nov 2016) of 52.219-9.

___(iv) Alternate III (Nov 2016) of 52.219-9.

___(v) Alternate IV (Aug 2018) of 52.219-9

___(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X__(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (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. 657f).

_X_(22) 52.219-28, Post Award Small Business Program Rerepresentation (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).

_X_(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

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

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

___(ii) Alternate I (Feb 1999) of 52.222-26.

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

___(ii) Alternate I (July 2014) of 52.222-35.

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

___(ii) Alternate I (July 2014) of 52.222-36.

_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 (Jan 2019) (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

DJU6200008918 PAGE 15 OF 23

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 (Jun2016)

(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) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

___(ii) Alternate I (Jan 2017) of 52.224-3.

___(46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

___(47) (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.

___(48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_(49) 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).

___(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section

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

___(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

___(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

_X_(55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

___(56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31

U.S.C.3332).

_X_(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

___(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___(60) (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.

___(iii) Alternate II (Feb 2006) 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:

DJU6200008918 PAGE 16 OF 23

[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 (Aug 2018) (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 Labor Standards-Price Adjustment (Multiple Year and

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

___(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-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 Labor Standards 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 Labor Standards 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) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

___(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(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 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section

743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(v) 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.

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

(vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

DJU6200008918 PAGE 17 OF 23

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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 and E.O 13627).

(xiv) 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).

(xv) 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).

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

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

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 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.

(xxii) 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.

(End of clause)

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 _date of award_ through _contract expiration date .

(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 (OCT 1995) (a) minimum delivery order of $100.00 for each delivery order; (b)(1) max delivery order for a single item in excess of $10,000,000 each; (b)(2) any order for a combination of items in excess of $10,000,000 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;

52.216-20, Definite Quantity (OCT 1995) - applies until 15 calendar days after contract validity end date;

DJ…