SV0106-20 RFP.PDF

1. REQUSITION NUMBER

5000044019

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

SV0206-20

6. SOLICITATION ISSUE DATE

12/05/2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CLARA ROBERTS

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

01/07/2020 2:00PM

9. ISSUED BY CODE

Cumberland Sign

UNICOR FPI

Cumberland, MD 21502

10. THIS AQUISITION IS

UNRESTRICTED

X SET ASIDE100 % FOR

X SMALL BUSINESS

SMALL DISADV.BUSINESS

8(A)

NAICS: 541613

SIZE STANDARD: 15 Mil.

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

Cumberland Sign

UNICOR FPI

Cumberland, MD 21502

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE

TELEPHONE NO. TIN:

RFQ: 6200008917

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 FPI

14601 Burbridge Road S. E.

CUMBERLAND, MD 21502

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

850-524-0068

Terms of delivery: DST

PROJECT LOCATION OF FACTORY PRODUCING SIGNAGE AND AWARD ITEMS IS AS FOLLOWS:

UNICOR, Federal Prison Industries, Inc.

CUMBERLAND, MD

Solicitation is issued as a base year (12 months) with four (1 year) options, fixed price indefinite delivery-indefinite quantity (IDIQ) type contract.

SOLICITATION IS 100% SET-ASIDE FOR SMALL BUSINESS.

QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN WRITING VIA EMAIL TO: clara.roberts@usdoj.gov. NO

PHONE CALLS PLEASE.

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

Services should begin within 60 days or sooner from receipt of the contract.

Vendors shall submit signed and dated offers either by facsimile or email. Facsimile number is (352)330-8100. Email address is clara.roberts@usdoj.gov

Offers shall be submitted on the SF1449. OMB Clearance 1103-0018.

The date and time for receipt of proposals is JANUARY 7, 2020, at 2:00 PM (ET). Offer must indicate Solicitation No.

SV0106-20, 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: _____________________________________

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.

_______________________________________________ Signature

The Administrative Contracting officer is April Smith.

DJU6200008917 PAGE 2 OF 17

Request For Quote

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 1 EA 5000044019

SALES AND MARKETING

It is the intent of this solicitation to result in a one (1) base year with four (4) one year option years if exercised Indefinite Delivery Indefinite Quantity Type Contract for sales and marketing of FPI Signage/Award products.

PRICING (SECTION B):

Offeror shall submit percent to be earned by them, of the total sales for FPI on monthly basis, based on total sales generated by them for FPI:

_________ for sales up to 25,000.00

_________ for sales from $25,001.00 - $100,000.00

_________ for sales from $100,001.00 - $500,000.00

_________ for sales from $500,001.00 - $1,000,000.00

_________ for sales from $1,000,001.00 and up

The contractor shall obtain sales of signage products of the following minimum amounts and based upon the federal government fiscal year (October 1 - September 30):

Base Year - 2020 - $500,000.00

Option Yr 1 - 2021 - $750,000.00

Option Yr 2 - 2022 - $1,000,000.00

Option Yr 3 - 2023 - $1,500,000.00

Option Yr 4 - 2024 - $2,000,000.00

Should the contractor meet the yearly sales goals, they would be entitled to a bonus payment in the amount of

_______% of the total sales exceeding goals.

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 signage 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.

DJU6200008917 PAGE 3 OF 17

Statement of Work

Sales and Marketing Contract

1. GENERAL INTENTION: It is the intent of this solicitation to result in a one (1) base year with four (4) one year option years if exercised Indefinite Delivery Indefinite Quantity Type Contract for sales and marketing of FPI

Signage/Award products.

2. BACKGROUND: FPI Services Business Group (SBG) has a contract requirement for sales and marketing of Interior and

Exterior signage, Routed Seals, Engraved signs, and Awards. Successful offeror(s) will be responsible for sales and marketing of the Service Business Group's Signage and Awards product offering during the term of the contract. This shall include but not be limited to the existing products and any products added at a later date.

3. SCOPE OF WORK: Contractor shall have the responsibility to cover the United States including Alaska, Puerto Rico and Hawaii. At a minimum, the sales force must be staffed at a level and physically located sufficiently to provide timely responses to customers throughout the United States. Generally, a customer should be responded to within 24 hours. FPI will not establish sales force staffing levels in recognition of this being performance based.

FPI will bear none of the operational costs associated with the sales force. This includes, but is not limited to, salaries, benefits, office costs, office expenses, and travel costs. This shall be considered a cost of doing business and will be the sole responsibility of the successful offeror.

Contractor shall be responsible for identifying customers, making sales calls, closing the sale, and facilitating a smooth hand off to FPI's Project Managers upon receipt of the order. The sales representative has a responsibility to educate the customer on FPI processes related to ordering, cancellations, order delays and storage charges. If the customer changes the order after it has been released for production, storage charges will apply. If the customer is not ready to receive the product for installation on the specified date, storage charges will apply. Successful offeror shall develop a fact sheet, subject to FPI approval, to educate the customer on the "customer's responsibilities" when customer caused delays and changes occur. The successful offeror sales representative and the

FPI Project Manager will work together to obtain appropriate procurement document revisions from the customer to facilitate invoicing.

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 issuing the

FPI 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.

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, 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 be responsible for tracking all sales leads through to closure. This will include pre-sales and post-sales activity. Successful offeror shall submit to FPI by the 5th of each month a report showing, at a minimum, the percentage of successful order receipt, as well as a forecast of expected orders over the next 30, 60, and 90

DJU6200008917 PAGE 4 OF 17

days. This report shall be by product category and dollars.

Sales Management activities will include but not be limited to:

- Conduct weekly sales and marketing operations meeting

- Develop monthly, quarterly, and annual incoming forecast in conjunction with the sales representatives

- Maintain a presence at all tradeshows and marketing opportunities

- Report monthly on the sales performance

- Recommend pricing strategies and tactics

- Develop personnel sales relationships with key government specifiers and influencers.

FPI shall participate in such a manner that any discounts or non-standard terms and conditions given are approved or negotiated by the FPI Services Business Group Operations Manager or his/her designee.

Contractor will be responsible for ensuring that the sales representatives have the appropriate background to allow for the granting of access to customer sites and UNICOR SAP system. FPI will process all applications in a timely manner.

All new staff shall provide a resume which must be reviewed and approved by FPI Services Business Group Operations

Manager or his/her designee.

Contractor shall receive compensation for the monthly sales in accordance with the terms of the contract. The percentages paid will be based upon the report provided by the contractor to FPI at the end of each month based on invoiced sales amounts. The report will include the following SBG factories:

FCI Cumberland

Contractor will provide the appropriate number of sales representatives to cover the sales needs for this contract.

Sales Representatives shall perform in a professional manner at all times.

Contractor shall maintain and provide to FPI Operations Manager or his/her designee a detailed list of all sales representatives to include but not limited to:

o Name o Location o Phone Number o Territory to be covered by each Sales representation

The list of sales representatives and their territories shall be provided as part of the written proposal. Also it must be kept up to date and provided to the General Manager and Operations management quarterly. Contractor is to notify the FPI Contracting Officer, General Manager, and Program management in writing of any changes to the list of sales representatives.

4. DELIVERABLES: Successful offeror shall maintain a FPI customer database by sales representative that shall contain at a minimum the following information:

Agency Name

Point of Contact

Telephone Number

Email Address

Alternate Point of contact

DJU6200008917 PAGE 5 OF 17

FPI has ownership of the database and the information shall not be shared without the written consent of FPI. At the end of the contract, the database shall be provided to FPI and the successful offerors shall not utilize this information to compete against FPI in future endeavors.

Upon award, the contractor is required to have a Sales Manager which will report directly to the FPI Services Business

Group Operations Manager or his/her designee. The Sales Manager will have full responsibility for all sales activity for the sales force handling FPI signage products. The Sales Manager shall meet with FPI management staff in

Washington, DC or via teleconference twice a month. These meetings shall be established on mutually agreed date and time.

Reports to FPI management will be supplied no later than the 5th of each month and shall include, but not be limited to:

o Summary forecast reports by product group o Sales lead probability report by order o Any other reports deemed necessary by FPI

5. PROPOSAL REQUIREMENTS: Offeror is to provide the following:

Offerors will develop a marketing and sales strategy. This will include an action plan, and associated timelines to accomplish this goal. This strategy may include market analysis of the Federal Signage Market.

Offerors shall submit a resume for the Sales Manager, as well as, all sales representatives they propose in the performance of the contract.

o Sales Manager shall have five (5) years of contract management experience with the federal government/commercial marketing.

o Sales representatives shall have a minimum of one (1) year of successful experience in government/commercial marketing.

Resumes shall be no more than three pages in length. Resume's should not only include education and experience, but should also show examples of past sales / marketing campaigns.

Resumes must be included for all prospective providers which would be working on the contract, should your company be awarded. Any changes in providers must be agreed upon by FPI UNICOR.

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

SV0106-20 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 541613, Marketing Consulting Services. This requirement is 100% set-aside for small business; small business size standard for this solicitation is $15 MILLION. UNICOR, Federal Prison Industries, Inc., intends to enter into a base year with four - 1 year options (if exercised), firm-fixed-price, indefinite delivery-indefinite quantity] contract for the following commercial item(s):

SEE SECTION B FOR LIST OF ITEMS

GUARANTEED MINIMUM QUANTITY IS $1000.00.

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

DJU6200008917 PAGE 6 OF 17

CONSIDERED FOR AWARD.

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

The period of performance is one base year with four one year option if exercised as follows:

BASE YEAR # date of award through 1 year

OPTION YEAR 1- 13 months after award through 24 months after award

OPTION YEAR 2- 26 months after award through 36 months after award

OPTION YEAR 3- 37 months after award through 48 months after award

OPTION YEAR 4- 49 months after award through 60 months after award

FPI Services Business Group has a contract requirement for sales/marketing of the following FPI Products:

# Interior Signage, to include Office and Cubicle signs, desk signage, directories, and agency or organizational insignia (routed seals).

# Exterior Signage - to include entrance signs, traffic signs, parking signs, and boundary markers.

# Awards and Recognition Items - to include plaques, trophies, and other corporate gift items.

Successful offerors sales staff shall pass security requirements as set forth by the agency. This may vary based on level of security at each site. FPI will notify offeror of the security requirements. At a minimum, all sales force staff must complete and pass an NCIC check. Forms will be provided upon award.

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, CUMBERLAND, MD with 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.

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.

DJU6200008917 PAGE 7 OF 17

CONTRACTOR'S RESPONSIBILITY: It is the responsibility of the Contractor to follow any Special Security Requirements of the facility where the work is performed in the performance of the contract and to consider the effects of those security requirements in the pricing of the proposal.

DEPARTMENT OF JUSTICE CONTRACTOR RESIDENCY REQUIREMENT

For three of the five years immediately prior to submission of your offer/bid/quote, or prior to performance under a contract or commitment, individuals or contractor employees providing services to any Federal Bureau of Prisons facility must have:

1. legally resided in the United States (U.S.);

2. worked for the U.S. overseas in a Federal or military capacity; or

3. been a dependent of a Federal or military employee serving overseas.

If the individual is not a U.S. citizen, they must be from a country allied with the U.S. The following website provides current information regarding allied countries: http://www.opm.gov/employ/html/citizen.htm

By signing this contract or commitment document, or by commencing performance, the contractor agrees to this restriction.

INVESTIGATIVE PROCEDURES FOR CONTRACTORS, CONSULTANTS AND VOLUNTEERS

The Bureau of Prisons (BOP) policies regarding investigative procedures for contractors and consultants are set forth in Program Statement (P.S.) 3000.02, Human Resource Management (HRM) Manual and P.S. 4100.03, Bureau of Prisons

Acquisition Policy (BPAP). In particular, the HRM Manual requires detailed security procedures for all individual contractors including contractors performing pursuant to any purchase order or any purchase card transaction, for which the period of performance is equal to or in excess of 30 days. Additionally, the policy is applicable whenever a contractor is performing pursuant to more than one purchase order or more than one purchase card transaction, for which the periods of performance, when combined, are equal to or exceed 30 days. The requirements of the HRM Manual, Part 731.2 and BPAP Part 37, for implementing such procedures for individual contractors for periods of service exceeding 30 days include:

Procedures Implemented by Human Resource Staff:

1) National Crime Information Center (NCIC) Check

2) Name Check

Procedures Implemented by Program Manager:

1) FD-258 Fingerprint Check

2) Law Enforcement Agency Checks

3) Vouchering of employers over the past five years

4) Completed SF-171 (Application for Federal Employment or

Resume/Personal Qualifications

5) Completed Contractor Pre-employment Form Release of

Information

6) National Agency Check and Inquiries (NACI) Check if applicable

7) Urinalysis

In addition to the above procedures, BPAP Part 37.103 states that Contracting Officers must ensure through the contracting process that each prospective individual contractor is advised that a urinalysis is required prior to

DJU6200008917 PAGE 8 OF 17

contract award. Prior to award, the Contracting Officer shall also obtain from the Personnel Officer or the appropriate Cost Center Manager, written assurance that investigative procedures have been completed for contracts awarded to individuals. For contracts awarded to companies, this written assurance must be received prior to the contractor beginning performance. The HRM Manual, Part 731.2 states if the contractor is a company providing construction or maintenance services, all of the above procedures are required except for vouchering, urinalysis testing and law enforcement agency checks, however, the contractors employees must be closely supervised by institution staff.

INVOICES ARE TO BE MAILED TO:

UNICOR, Federal Prison Industries

Central Accounts Payable

P.O. Box 11849

Lexington, KY 40578-1849

ATTN: Chief of Vendor Services

PH: 1-800-827-3168

Or

INVOICES CAN BE EMAILED TO:

Accounts.payable@usdoj.gov

PART II: FAR CLAUSES

52.204-4, Printed or Copied Double-Sided on Recycled Paper, MAY 2015)

52.204-9, Personnel ID Verification of Contractor Personnel (JAN 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. (OCT

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. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (Pub. L. 110-252, Title VI, Chapter 1 (41

DJU6200008917 PAGE 9 OF 17

U.S.C. 251 note)).

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

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).

_X_ (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) (31U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

_X__(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C.

2313);

___(10) RESERVED.

__ (11) 52.219-3, Notice of Total HUBZone Set-Aside (NOV 2011) (15 U.S.C. 657a).

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

__ (12) 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) of 52.219-6.

__ (iii) Alternate II (NOV 2011) of 52.219-6.

__ (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) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (JAN 2017) of 52.219-9. sealed bidding

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

__(iv) Alternate III (Nov 2016)

__(v) Alternate IV (AUG 2018)

___(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 Representation (JUL 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB)

Concerns (DEC 2015).

__ (24) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB

Program (DEC 2015).

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

__ (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) 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) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and EO. 13627)

DJU6200008917 PAGE 10 OF 17

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

_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

__ (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). When copiers will be bought by the contractors or provided by them to perform work

__ (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).

_X_ (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).

_X_ (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). (For application of the Cargo Preference Act of1954, see 47.502(a)(3), 47.503(a), and

47.504.)

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

__ (iii) Alternate II (Feb 2006) of 52.247-64.

DJU6200008917 PAGE 11 OF 17

(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).

_X_ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_X_ (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).

_X_ (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).

_X_ (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

DJU6200008917 PAGE 12 OF 17

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).

(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).

do not use Alternate I to 52.212-5; applies when head of agency has waived examination of records by Comptroller

General

Alternate II to 52.212-5 applies when using funds from American Recovery & Reinvestment Act of 2009 (P.L.111-5)

Alternate II to 52.212-5 applies when using funds from American Recovery & Reinvestment Act of 2009 (P.L.111-5)

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 _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 (OCT 1995) (a) minimum delivery order of 1 each for a single line item; (b)(1) max delivery order for asingle item in excess of 5 each; (b)(2) any order for a combination of items in excess of 5 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;

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

52.216-22, Indefinite Quantity (Oct 1995) (Full Text) all IDIQ solicitations

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

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

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the

Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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

DJU6200008917 PAGE 13 OF 17

under this contract after 60 calendar days after contract validity end date;

52.217-8 Option to Extend Services (NOV 1999)

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 _60 DAYS____ ;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60__ 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.

52.222-50, Combating Trafficking in Persons (JAN 2019);

52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011)

52.228-5 Insurance-Work on a Government Installation (Jan 1997)

52.232-19 Availability of Funds for the Next Fiscal Year.

Funds are not presently available for performance under this contract beyond _FY2020__. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond FY2020, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting

Officer.

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

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 TBD 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 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)

DJU6200008917 PAGE 14 OF 17

(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. If the protestor is silent on this matter, the Contracting Officer will decide the protest.

(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.

(5) Include the information required by FAR 33.103(d)(2):

(i) Name, address, facsimile number and telephone number of the protestor.

(ii) Solicitation or contract number.

(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.

(iv) Copies of relevant documents.

(v) Request for a ruling by the agency.

(vi) Statement as to the form of relief requested.

(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.

(viii) All information establishing the timeliness of the protest.

(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the

Contracting Officer or the Agency Protest Official decide the protest.

(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency

Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.

(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.

(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.

(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.

(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency…