SV0109-20.PDF
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1. REQUSITION NUMBER
5000045093
2. CONTRACT NO. 3.AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER
SV0109-20
6. SOLICITATION ISSUE DATE
04/16/2020
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Sharon Oliver
b. TELEPHONE NUMBER (No collect calls)
202-305-3812
8. OFFER DUE DT/LOCAL TIME
05/04/2020 2:00PM
9. ISSUED BY CODE
Petersburg Distribution Center UNICOR, FCI Petersburg Hopewell, VA 23860
10. THIS AQUISITION IS
X UNRESTRICTED
SET ASIDE0 % FOR
SMALL BUSINESS
SMALL DISADV.BUSINESS
8(A)
NAICS: 325620
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
Petersburg Distribution Center UNICOR, FCI Petersburg Hopewell, VA 23860
17a. CONTRACTOR/OFFEROR CODE FACILITY CODE
TELEPHONE NO. TIN:
RFQ: 6200008938
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)
Sharon Oliver 202-305-3812
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, FCI Petersburg 1100 River Road
HOPEWELL, VA 23860
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.
FCC Petersburg
1100 River Road
Hopewell, VA 23860
Solicitation is issued as a 3 year, indefinite delivery-indefinite quantity (IDI/IQ) type contract. Offers 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.
SUBCONTRACTING PLAN: Large Businesses submitting a proposal are required to submit their subcontracting plan as part of their proposal by the scheduled closing date and time. Failure to submit a subcontracting plan may result in the proposal being found technically unacceptable and may not be considered for further evaluation.
SOLICITATION IS UNRESTRICTED/100% SET-ASIDE FOR SMALL BUSINESS.
QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN WRITING VIA EMAIL TO: Sharon.oliver@usdoj.gov NO
PHONE CALLS PLEASE.
For a list, description and total estimated quantities of all items, refer to Section B.
Offerors who have NOT provided the items listed on this solicitation to UNICOR, Petersburg, in the past 12 months, are REQUIRED to submit five (5) each of the exact product you are bidding for the specific FPI stock number for technical evaluation to verify form, fit and function or other characteristics as appropriate of the material.
Contractors are required to submit the material by Monday May 4, 2020 at 1:00pm Eastern time zone.. The shipping address for the material is:
UNICOR, Federal Prison Industries / Petersburg
ATTN: Evonda Ward / Factory Manager.
1100 River Road
Hopewell, VA 23860.
Material that is not received by the closing date and time will not be evaluated and the proposal will not be considered further for award. Please note solicitation SV0109-20 and your company's name/address on the packing slip for the material that is sent. Contractors are responsible for the total cost of the sample, including shipping of the material for evaluation.
UNICOR's desired delivery is 30 days or sooner after issuance of each delivery order. Vendors are required to provide their best manufacturing/delivery time for evaluation, and delivery schedule will be established at time of award.
Delivery orders will be issued in accordance with 52.216-19.
Vendors shall submit signed and dated offers either by facsimile, or email. Facsimile number is 352-330-8081. Email address is Sharon.oliver@usdoj.gov.
Offerors shall be submitted on the SF1449. OMB Clearance 1103-0018.
The date and time for receipt of proposals is 05/04/2020at 1:OOpm, Eastern. Offer must indicate Solicitation No.
SV0109-20 time specified for receipt of offer, name, address and telephone number of offeror, technical description of
DJU6200008938 PAGE 2 OF 15
Request For Quote 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 submitting a proposal, during performance and through final payment of any contract resulting from this solicitation.
_______________________________________________ Signature
The Administrative Contracting officer is Sharon Oliver at Sharon.Oliver@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 ADMKIT0001A 261,000 EA 5000045093
00002 ADMKIT0001B 28,000 EA 5000045093
00003 ADMKIT0002 371,520 EA 5000045093
TOOTHBRUSH-4132-TUFT*
00004 ADMKIT0003 190,080 EA 5000045093
5"-PLASTIC-COMB*
00005 ADMKIT0004A 234,000 EA 5000045093
3 -OZ.-TOOTHPASTE
00006 ADMKIT0005A 286,000 EA 5000045093
00007 ADMKIT0006A 520,000 EA 5000045093
00008 ADMKIT0007A 4,438,000 EA 5000045093
00009 ADMKIT0007B 291,000 EA 5000045093
TWIN-BLADE-RAZOR-DISPOSABLE
00010 ADMKIT0008 126,912 EA 5000045093
00011 ADMKIT0008A 150,000 EA 5000045093
SINGLE_USE-DEODORANT_CREAM_PKT(CLEAR)
DJU6200008938 PAGE 3 OF 15
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
00012 ADMKIT0009A 1,409,472 EA 5000045093
MAXIPAD-REG
00013 ADMKIT0009B 717,750 EA 5000045093
MAXIPAD-SUPER
00014 ADMKIT0009C 1,689,120 EA 5000045093
MAXIPAD-REG-WINGS
00015 ADMKIT0009D 1,899,072 EA 5000045093
MAXIPAD-SUPER-WINGS
00016 ADMKIT0009E 2,258,784 EA 5000045093
PANTY-LINER-REG
00017 ADMKIT0009F 404,976 EA 5000045093
PANTY-LINER-SUPER
00018 ADMKIT0010A 2,386,500 EA 5000045093
TAMPON-REG-IND-WRAP
00019 ADMKIT0010B 2,010,000 EA 5000045093
TAMPON-SUPER-IND-WRAP
00020 ADMKIT0011A 94,944 EA 5000045093
00021 ADMKIT0012A 49,980 EA 5000045093
00022 ADMKIT0013 20,424 EA 5000045093
00023 ADMKIT0014 5,184 EA 5000045093
HAIRBRUSH*
00024 ADMKIT0015 7,790 CS 5000045093
00025 ADMKIT0017A 632,880 EA 5000045093
00026 ADMKIT0017B 452,880 EA 5000045093
00027 ADMKIT0018 437,760 EA 5000045093
00028 ADMKIT0019A 4,327 BX 5000045093
00029 ADMKIT0020 29,664 EA 5000045093
00030 ADMKIT0021 123,840 EA 5000045093
00031 ADMKIT0022 1,584 CS 5000045093
00032 ADMKIT0025A 96,480 EA 5000045093
00033 ADMKIT0026A 85,968 EA 5000045093
DJU6200008938 PAGE 4 OF 15
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
00034 ADMKIT0028 375,000 EA 5000045093
00035 ADMKIT0029 1,546,560 EA 5000045093
00036 ADMKIT0029A 500,000 EA 5000045093
SECURITY_FINGER_TIP_TOOTHBRUSH
00037 ADMKIT0030 941,500 EA 5000045093
00038 ADMKIT0030A 500,000 EA 5000045093
RAZOR_WITH_COLOR_RAZOR_BLADE
00039 ADMKIT0031 453,024 EA 5000045093
00040 ADMKIT0032 39,456 EA 5000045093
00041 ADMKIT0036A 200,000 EA 5000045093
INDIVIDUALLY_BAGGED_TOILET_TISSUE
00042 ADMKIT0036B 100,000 EA 5000045093
SECURITY_UTENSIL
00043 ADMKIT0036C 10,000 EA 5000045093
CLEAR_PVC_CLOGS
00044 ADMKIT0036D 10,000 EA 5000045093
POLYPROPYLINE_SHOE_COVERS
00045 ADMKIT0036E 10,000 EA 5000045093
SECURITY_FLEXIBLE_PENCIL
00046 ADMKIT0037 12,569 BX 5000045093
00047 ADMKIT0037A 4,744,000 EA 5000045093
.35-OZ-3-IN-1-SOAP-PACKET
00048 ADMKIT0037B 500,000 EA 5000045093
2OZ_ALL-IN-ONE_SHAMPOO,SHAVE,SOAP
00049 ADMKIT0041 275 BX 5000045093
00050 ADMKIT0042 1,429,500 EA 5000045093
(CLEAR-CONT.)1.25OZ.SOAP-WRAPPED
00051 ADMKIT0042A 200,000 EA 5000045093
SINGLE_USE-TOOTHPASTE_PACKET(CLEAR)
00052 ADMKIT0065 534,240 EA 5000045093
DJU6200008938 PAGE 5 OF 15
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
SV0109-20 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 2020-05. The North American Industry
Classification System code is 325620 Toilet Preparation Manufacturing. This requirement is unrestricted. UNICOR, Federal Prison Industries, Inc., intends to enter into a THREE (3) year, indefinite delivery-indefinite quantity
(ID/IQ) contract for the following commercial item(s):
Admin Kit Items (Personal Hygiene) SEE SECTION B FOR LIST OF ITEMS. ESTIMATED QUANTITY FOR THE LIFE OF CONTRACT IS THE
QUANTITY LISTED IN SECTION B FOR EACH ITEM.
ITEMS WILL BE AWARDED INDIVIDUALLY. MORE THAN ONE ITEM MAY BE AWARDED TO ONE OFFEROR.
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
(Petersburg) 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. All
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
DJU6200008938 PAGE 6 OF 15
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
52.211-16, Variation in Quantity (APR 1984) of five percent (5%) increase or zero percent (0%) decrease, applied to the quantity per line item in each delivery order;
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 (March
2020)
(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).
___(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).
_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).
___(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.
DJU6200008938 PAGE 7 OF 15
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.
_x_(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]
___(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)
__x_(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.
__x_(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)).
___(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).
__x_(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 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)).
___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
___(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17)).
_X_(27) 52.222-3, Convict Labor (June 2003) (E.O.11755).
_X_(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).
_X_(29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_(30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).
___(ii) Alternate I (Feb 1999) of 52.222-26.
_x_(31) (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(32) (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(_33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
_x_(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_(35) (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).
____(36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).
____(37) (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)). http://www.epa.gov/epawaste/conserve/tools/cpg/products/index.htm
___(ii) Alternate I (May 2008) of 52.223-9
___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.
13693).
___(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016)
(E.O. 13693).
DJU6200008938 PAGE 8 OF 15
___(40) (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.
___(41) (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.
___(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___(43) (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_(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
___(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
___(46) 52.223-21, Foams (Jun 2016) (E.O. 13693).
___(47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
___(ii) Alternate I (Jan 2017) of 52.224-3.
___(48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83)
__ (49) (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.
_x_(50) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___(51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008)
___(52) 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).
___(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
___(55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).
___(56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).
_X_(57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).
___(58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31
U.S.C.3332).
_X_(59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).
___(60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
_x_(61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
___(62) (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:
[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.
DJU6200008938 PAGE 9 OF 15
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).
(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).
DJU6200008938 PAGE 10 OF 15
(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 (a) minimum delivery order of 100 each for line item; (b)(1) max delivery order for single item in excess of 100,000 each for line item; (b)(2) any order for a combination of items in excess of 1 million 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 7 calendar days after contract validity end date;
52.216-22, Indefinite Quantity (Oct 1995)
(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
DJU6200008938 PAGE 11 OF 15
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 under this contract after 30 calendar days after contract validity end date;
52.229-3 Federal, State, and Local Taxes. (Feb 2013);
52.232-18, Availability of Funds (APR 1984);
52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004);
52.246-15, Certificate of Conformance (APR 1984)
52.247-34, F.O.B. Destination, (Nov 1991) delivery shall be FOB destination to
UNICOR Federal Prison Industries / Petersburg
1100 River Road
Hopewell, VA 23860
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)
(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:
DJU6200008938 PAGE 12 OF 15
(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 protest.
(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.
(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.
(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.
PART III: PROVISIONS
52.204-7, System for Award Management (Oct 2018)
52.212-1, Instructions to Offerors - Commercial Items (OCT 2018);
52.212-2, Evaluation - Commercial Items (OCT 2014), significant evaluation factors are past performance, technical factors, delivery time and price. TECHNICAL FACTORS IS A GO/NO-GO AND WILL BE DETERMINED BY SAMPLES PROVIDED. Past performance and delivery time are significantly more important than price. Quality, delivery, and customer service will be evaluated under past performance. The Government may make award without discussions; therefore, the offeror's initial offer should contain their best pricing. Award will be based on the best value to the Government considering the evaluation factors listed above. Best value may be determined using tradeoffs among the evaluation factors, so
DJU6200008938 PAGE 13 OF 15
that award may be made to other than the lowest-priced or highest technically-rated proposal. Please note that all offers which fail to furnish required representations and certifications or past performance information or reject the terms and conditions of the solicitation may be excluded from consideration for award;
52.212-3, Offeror Representations and Certifications - Commercial Items. (OCT 2018)
In accordance with FAR 4.1201(a), prospective contractors shall complete electronic annual representations and certifications at the System for Award Management (SAM) website (https://www.sam.gov) If an offeror has not completed the annual representations and certifications electronically at the System for Award
Management (SAM) website, the offeror shall complete only paragraphs (c) through (u) of this provision. (b)
Prospective contractors shall update the representations and certifications submitted to SAM.gov as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to SAM.gov. To make a change that affects only one solicitation, contractors are required to complete the appropriate sections of FAR 52.212-3(j) or 52.204-8, whichever is included in the solicitation. (see 4.1102)
(End of provision)
52.214-20 Bid Samples (APR 2002)
52.216-27, Single or Multiple Awards (OCT 1995);
52.222-22, Previous Contracts and Compliance Reports (Feb 1999)
The offeror represents that-
(a) It ____ has, _____ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;
(b) It _____ has, _____ has not filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.
52.222-25, Affirmative Action Compliance (Apr 1984)
The offeror represents that-
(a) It _____ has developed and has on file, _____ has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR
60-1 and 60-2); or
(b) It _____ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran -
Representation and Certification (AUG 2018)
52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
_______www.acquisition.gov_____________________
PART IV: PROPOSAL SUBMISSION REQUIREMENTS
Each proposal package shall consist of the following completed and signed documents: SF1449, all amendments issued, DJU6200008938 PAGE 14 OF 15 three Business Management Questionnaires of recent and relevant contracts for the same or similar items in accordance with FAR 52.212-1(b)(10) for past performance evaluation, and a completed copy of FPI 1000K2 Subcontract Certification
(large businesses only). Blank Business Management Questionnaire forms can be downloaded from www.unicor.gov; click on
Contracting Opportunities, place your cursor on About Procurement, then move your cursor over to Forms and click on it.
Any amendments issued to this solicitation shall be synopsized in the same manner as this solicitation and must be acknowledged by each offeror. Offeror must hold prices firm for 60 calendar days from the date specified for receipt of offers. Offers or modifications to offers received at the address specified for the receipt of offers after the exact time specified may not be considered.
Questions regarding this requirement may be addressed in writing to Sharon Oliver, at Sharon.oliver@usdoj.gov. All
FAR forms, clauses and provisions necessary to submit an offer may be accessed at the following web site:
http://acquisition.gov/far. This combined synopsis/solicitation and necessary forms are available on web site:
http://www.beta.sam.gov.
DJU6200008938 PAGE 15 OF 15
File details come from the government source that posted it. Updated .