Tires
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is 20119121 and is issued as a Request for Quote (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-06. The associated North American Industrial Classification System (NAICS) code for this procurement is 423130 with a small business size standard of 200.00 employees. This requirement is a Small Business Set-Aside and only qualified offerors may submit bids. The solicitation pricing on www.UnisonMarketplace.com will start on the date this solicitation is posted, and, unless otherwise displayed at www.UnisonMarketplace.com, will end on: 2020-07-09 15:00:00.0 Eastern Time. This time supersedes the Offers Due Time listed above. FOB Destination shall be in the Statement of Work.The DHS Customs and Border Protection (CBP) requires the following items, Brand Name or Equal, to the following: LI 001: Mickey Thompson Deegan 38 A/T LT265/70R17 121/118S E - see Statement of Work for specifications, 350, EA;LI 002: Mickey Thompson Deegan 38 A/T LT265/70R17 121/118S E - see Statement of Work for specifications, 150, EA;LI 003: Mickey Thompson Deegan 38 A/T LT265/70R17 121/118S E - see Statement of Work for specifications, 75, EA;LI 004: Mickey Thompson Deegan 38 A/T LT265/70R17 121/118S E - see Statement of Work for specifications, 65, EA;LI 005: Mickey Thompson Deegan 38 A/T LT265/70R17 121/118S E - see Statement of Work for specifications, 50, EA;LI 006: Mickey Thompson Deegan 38 A/T LT265/70R17 121/118S E - see Statement of Work for specifications, 175, EA;LI 007: Mickey Thompson Deegan 38 A/T LT265/70R17 121/118S E - see Statement of Work for specifications, 75, EA;LI 008: Mickey Thompson Deegan 38 A/T LT265/70R17 121/118S E - see Statement of Work for specifications, 130, EA;LI 009: Mickey Thompson Deegan 38 A/T LT265/70R17 121/118S E - see Statement of Work for specifications, 30, EA;Solicitation and Buy Attachments***Question Submission: Interested Offerers must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.UnisonMarketplace.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.***For this solicitation, DHS Customs and Border Protection (CBP) intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, Unison, Inc. Unison Marketplace has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DHS Customs and Border Protection (CBP) is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids. All responsible Offerers that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.UnisonMarketplace.com. There is no cost to register, review procurement data or make a bid on www.UnisonMarketplace.com. Offerers that are not currently registered to use www.UnisonMarketplace.com should proceed to www.UnisonMarketplace.com to complete their free registration. Offerers that require special considerations or assistance may contact Marketplace Support at 1.877.933.3243 or via email at marketplacesupport@unisonglobal.com. Offerers may not artificially manipulate the price of a transaction on www.UnisonMarketplace.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.UnisonMarketplace.com process or to collude with the intent or effect of hampering the competitive www.UnisonMarketplace.com process. Should Offerers require additional clarification, notify the point of contact or Marketplace Support at 1.877.933.3243 or marketplacesupport@unisonglobal.com.Use of Unison Marketplace: Buyers and Sellers agree to conduct this transaction through Unison Marketplace in compliance with the Unison Marketplace Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive.Unless the Buyer indicates otherwise within a particular line item description, each Seller shall include in its online Bid individual pricing for all required line items in order to be considered for award (i.e., Do not use the Included in another line item function when pricing each line item). If a line item cannot be separately priced, you must notify the buyer through the FedBid Submit a Question feature regarding which line item(s) should be included in which other line item(s) and request reposting. Failure to comply with this term may result in the Bid being determined to be non-responsive.New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty.Bid MUST be good for 30 calendar days after close of Buy.Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination.This solicitation requires registration with the System for Award Management (SAM) at the time an offer or quotation is submitted, excluding the exceptions outlined in FAR 4.1102(a). Registration information can be found at www.sam.gov.No partial shipments are permitted unless specifically authorized at the time of award.Delivery must be made within 30 days or less after receipt of order (ARO). The offeror must provide within its offer the number of days - not to exceed 30 - required to make delivery after it receives a purchase order from the buyer. Unless otherwise noted.ORCA Requirement - Company must be registered on Online Representations and Certifications Application (ORCA) before an award could be made to them. If company is not registered with ORCA, they may do so by going to ORCA web site at https://orca.bpn.gov/The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/.FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at http://www.acqnet.gov/far.Q&A -Please submit all questions by using the 'Submit a Question' button. This buy will then be reposted with Q&A based on the questions that come in (if applicable).Award Criteria-An award will be made to a responsive offeror (who submits all required submissions on time), whose past performance does not pose a risk to the Government, and whose offer is the Lowest Price Technically Acceptable (LPTA). An offer is technically acceptable if its technical capabilities conform to the Government's Statement of Work or listed specs whichever is applicable to the buy.In addition to providing pricing at www.FedBid.com for this solicitation, each Offeror must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation. Submissions can be sent to clientservices@fedbid.com.For Exact Match Only Commodity Buys- NO SUBSTITUTIONS, EXACT MATCH ONLY. The vendor may not substitute any item/service listed on this order without prior written approval from the DHS/CBP Contracting Officer. No other individual is authorized, either verbally or in writing to change part numbers, manufacturer, quantity, delivery dates, or any other specifications of this RFQ. Items/services that do not conform to descriptions and part numbers found in this RFQ will be rejected at the time of delivery causing a return at the vendor's expense.For all buys other than Exact Match Sellers MUST document what they are bidding for evaluation for award. Sellers must include, extended specs and/or manufacturer name and part numbers (if applicable). Failure to do this may be cause for termination. This information is REQUIRED in order for a sellers bid to be deemed 'responsive' and to be considered for award. FAR 52.211-6.In accordance with the IPP clause; ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP) (JAN 2016), payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use IPP for contracts and orders awarded April 11, 2016 or later.
To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https:// www.ipp.gov.
Contractor assistance with IPP enrollment can be obtained by contacting IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer.
20119121 Department of Homeland Security Customs and Border Protection
7/1/20, 3:41 PM LIGHT TRUCK TIRES
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is 20131195 and is issued as a Request for Quote (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-07. The associated North American Industrial Classification System (NAICS) code for this procurement is 423130 with a small business size standard of 200.00 employees. This requirement is a Small Business Set-Aside and only qualified sellers may submit bids. The solicitation pricing on https://marketplace.unisonglobal.com will start on the date this solicitation is posted, and, unless otherwise displayed at https://marketplace.unisonglobal.com, will end on: 2022-09-01 12:00:00.0 Eastern Time. This time supersedes the Offers Due Time listed above. FOB Destination shall be in the Statement of Work.The DHS Customs and Border Protection (CBP) requires the following items, Brand Name Only (Exact Match), to the following: LI 001: LT265/70R17 121/118S E (FOR LOCATION: MCS). REFER TO ATTACHED STATEMENT OF WORK FOR DELIVERY REQUIREMENTS., 350, EA;LI 002: LT265/70R17 121/118S E (FOR LOCATION: WSL), 200, EA;LI 003: LT265/70R17 121/118S E (FOR LOCATION: HRL), 75, EA;LI 004: LT265/70R17 121/118S E (FOR LOCATION: BRP), 100, EA;LI 005: LT265/70R17 121/118S E (FOR LOCATION: FTB), 75, EA;LI 006: LT265/70R17 121/118S E (FOR LOCATION: RGC), 200, EA;LI 007: LT265/70R17 121/118S E (FOR LOCATION: FLF), 100, EA;LI 008: LT265/70R17 121/118S E (FOR LOCATION: KIN), 85, EA;LI 009: LT265/70R17 121/118S E (FOR LOCATION: CCT), 15, EA;Solicitation and Buy Attachments***Question Submission: Interested Offerers must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at https://marketplace.unisonglobal.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.***For this solicitation, DHS Customs and Border Protection (CBP) intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, Unison Marketplace. Unison Marketplace has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DHS Customs and Border Protection (CBP) is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids. All responsible Offerers that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at https://marketplace.unisonglobal.com. There is no cost to register, review procurement data or make a bid on https://marketplace.unisonglobal.com. Offerers that are not currently registered to use https://marketplace.unisonglobal.com should proceed to https://marketplace.unisonglobal.com to complete their free registration. Offerers that require special considerations or assistance may contact Marketplace Support at 1.877.933.3243 or via email at marketplacesupport@unisonglobal.com. Offerers may not artificially manipulate the price of a transaction on https://marketplace.unisonglobal.com by any means. It is unacceptable to place bad faith bids, to use decoys in the https://marketplace.unisonglobal.com process or to collude with the intent or effect of hampering the competitive https://marketplace.unisonglobal.com process. Should Offerers require additional clarification, notify the point of contact or Marketplace Support at 1.877.933.3243 or marketplacesupport@unisonglobal.com.Use of Unison Marketplace: Buyers and Sellers agree to conduct this transaction through Unison Marketplace in compliance with the Unison Marketplace Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive.Unless the Buyer indicates otherwise within a particular line item description, each Seller shall include in its online Bid individual pricing for all required line items in order to be considered for award (i.e., Do not use the Included in another line item function when pricing each line item). If a line item cannot be separately priced, you must notify the buyer through the Unison Submit a Question feature regarding which line item(s) should be included in which other line item(s) and request reposting. Failure to comply with this term may result in the Bid being determined to be non-responsive.New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty.Bid MUST be good for 30 calendar days after close of Buy.Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination.This solicitation requires ACTIVE registration with the System for Award Management (SAM) at the time an offer or quotation is submitted, excluding the exceptions outlined in FAR 4.1102(a). Registration information can be found at www.sam.gov. A contract cannot be issued if registration is not active.No partial shipments are permitted unless specifically authorized at the time of award. REFER TO STATEMENT OF WORKDelivery must be made within 45 days or less after receipt of order (ARO) for FIRST SHIPMENT. The SECOND SHIPMENT shall be made 45 DAYS after the FIRST SHIPMENT. The offeror must provide within its offer the number of days required to make delivery after it receives a purchase order from the buyer. Unless otherwise noted.The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/.FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at http://www.acqnet.gov/far.Q&A -Please submit all questions by using the 'Submit a Question' button. This buy will then be reposted with Q&A based on the questions that come in (if applicable).In addition to providing pricing at www.unisonmarketplace.com for this solicitation, each Offeror must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation. Submissions can be sent to marketplacesupport@unisonglobal.com.For Exact Match Only Commodity Buys- NO SUBSTITUTIONS, EXACT MATCH ONLY. The vendor may not substitute any item/service listed on this order without prior written approval from the DHS/CBP Contracting Officer. No other individual is authorized, either verbally or in writing to change part numbers, manufacturer, quantity, delivery dates, or any other specifications of this RFQ. Items/services that do not conform to descriptions and part numbers found in this RFQ will be rejected at the time of delivery causing a return at the vendor's expense.For all buys other than Exact Match Sellers MUST document what they are bidding for evaluation for award. Sellers must include, extended specs and/or manufacturer name and part numbers (if applicable). Failure to do this may be cause for termination. This information is REQUIRED in order for a sellers bid to be deemed 'responsive' and to be considered for award. FAR 52.211-6.In accordance with the IPP clause; ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP) (JAN 2016), payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use IPP for contracts and orders awarded April 11, 2016 or later.
To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https:// www.ipp.gov.
Contractor assistance with IPP enrollment can be obtained by contacting IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer.(a) Definitions. As used in this clause-
"Covered article" means any hardware, software, or service that-
(1) Is developed or provided by a covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a covered entity.
"Covered entity" means-
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from-
(1) Providing any covered article that the Government will use on or after October 1, 2018; and
(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement.
(1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting
Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:
(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.
(End of clause)52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
As prescribed in 4.2105(a), insert the following provision:
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it ''does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument'' in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items.
(a) Definitions. As used in this provision -
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https:// www.sam.gov) for entities excluded from receiving federal awards for ''covered telecommunications equipment or services.''
(d) Representations. The Offeror represents that-
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds ''will'' in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-
It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds ''does'' in paragraph (d)(2) of this section.
(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded ''will'' in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment-
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded ''does'' in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment-
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services-
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.(a) Definitions. As used in this clause-
"Backhaul" means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
"Covered foreign country" means The People's Republic of China.
"Covered telecommunications equipment or services" means-
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
"Critical technology" means-
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
"Interconnection arrangements" means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
"Reasonable inquiry" means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
"Roaming" means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing-
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause in writing via email to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA_Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.As prescribed in 4.2105(c), insert the following provision:
COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.Please refer to https://www.dhs.gov/publication/current-far-deviations for additional information regarding the following FAR Class Deviations 20-07.
52.204-8 Annual Representations and Certifications (DEVIATION 20-07);
52.222-19 Child Labor-Cooperation with Authorities and Remedies. (DEVIATION 20-07);
52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act (DEVIATION 20-07);
52.225-4 Buy American-Free Trade Agreement-Israeli Trade Act Certificate (DEVIATION 20-07);
52.225-5 Trade Agreements (DEVIATION 20-07);
52.225-11 Buy American-Construction Materials Under Trade Agreements (DEVIATION 20-07); and
52.225-23 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials Under Trade Agreements (DEVIATION 20-07).Bidders must be manufacturers or authorized distributors of product they are offering. No 3rd party sellersBidders must attach specification/pictures of the product they are offering so that program office POCs may evaluate to determine if it meets they're requirement.
20131195 Department of Homeland Security Customs and Border Protection
8/29/22, 7:05 PM Albuquerque Area Office (AAO) Tire BPA
Added: Nov 19, 2014 3:32 pm
Solicitation Number: R15PS00063 Title: Albuquerque Area Office (AAO) Tire BPACombined Synopsis/Solicitation: The Bureau of Reclamation has a requirement for the establishment of a Blanket Purchase Agreement (BPA) for the period of January 1, 2015 through January 1, 2020 for providing tires and installation and any related parts or supplies related to the tire. It is anticipated that multiple BPA awards will be the result of this announcement. The NAICS code for this requirement is 423130, Motor vehicle tire and tube merchant wholesalers. This small business size standard is 100. This procurement is 100% set-aside for small business.This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation document and the incorporated provisions and clauses are those in effect through FAC 2005-74. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The Solicitation Number for this Request is R15PS00063.Background: The AAO has developed this solicitation in conjunction with the Socorro Field Division (SFD) to supply various replacement tires for wheeled earth moving heavy equipment. SFD operates and maintains a fleet of earth moving heavy equipment which supports Reclamation's mission through daily river project maintenance activities and when called upon (responsibility) to respond to immediate emergencies and/or repairs to Reclamation's facilities. The SFD role in supporting daily, emergency, repairs, and the unpredictable challenges to working within or near river systems, this BPA is an effort to streamline the procurement process for replacement of tires on AAO wheeled earth moving equipment. In order to maintain individual project or facility economic and schedule constraints the execution of the BPA shall allow for a timely and efficient method to acquire replace tires and if required onsite tireQualifications & Submittals: Prospective Contractors must be actively registered at https://www.SAM.gov with a valid DUNS number. Vendor must be capable of accepting a charge card as a method of payment. Vendors shall submit a capability statement outlining the vendor's experience, relevant certifications and the firm's ability to deliver all of the tires to industry standard specifications and related products outlined in this document. Vendor shall submit (3) three referrals related to past performance in performing relevant tire replacement/installation contracts including private and/or government work. Submittals can be sent electronically to ramicone@usbr.gov and shall reference solicitation number R15PS00063. Submittals shall be sent in no later than 2:30 pm MST on December 15, 2014. The government reserves the right to make multiple awards of parent BPA(s) to the best qualified vendors based upon the firms expertise, certifications and qualifications, and past performance.Point of Contact: Rex Amicone, Contract Specialist Denver - Bureau of Reclamation, Acquisition Operation Group, Denver Federal Center - Building 56 - P.O. Box 25007 - Mail Stop 84-27810 - Denver, CO 80225-0007Blanket Purchase Agreement (BPA)This is a BPA under the authority of 41 U.S.C 253(g), whereby the vendor shall, subject to the terms of this agreement and any attachments, promptly furnish supplies and/or services ordered under the agreement. The supplies and/or services to be ordered, as stated above, shall be the same as an open charge account.PRICES: Based on vendors current prices that are provided to their most valued customers. Parent BPAs do not require pricing for supplies and services. Upon placement of a BPA order the vendor will be asked to supply pricing for the specific needs of the government. BPA calls above the micro purchase threshold will be competed between the established BPA holders to obtain the best price for the government.Extent of Liability: The Government is liable only to the extent of authorized calls actually placed against this BPA for the 5 year period of the agreement.Terms & Conditions: 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):FAR Clauses - https://www.acquisition.gov/far/DOI Clauses - https://www.doi.gov/pam/aindex.htmlCLAUSES INCORPORATED BY REFERENCE: 52.203-06. a1, Restriction on Subcontractor Sales to the Government (Alt 1) (Sep 2006) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.204-13, System for Award Management (Jul 2013) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) 52.212-1 Instruction to offerors-Commercial Items (APR 2014) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644) 52.219-28, Post Award Small Business Program Representation (Apr 2012) (15 U.S.C. 632(a)(2)) 52.222-3, Convict Labor (June 2003) (E.O. 11755) 52.222-21, Prohibition of Segregated Facilities (Feb 1999) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) 52.225-01, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013)CLAUSE/PROVISIONS INCORPORATED BY Full Text:DIAPR 2011-04 AMEND 4 INVOICE PROCESSING PLATFORM (IPP) - TREASURY ELECTRONIC INVOICING SYSTEM (AUG 2013)Payment requests must be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP). The Contractor shall also submit an electronic copy of the IPP invoice to the Contracting Officer at ramicone@usbr.gov once the invoice has been submitted to IPP."Payment requests" means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions-Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:The vendor shall upon invoicing through the internet payment platform, attach a copy of their regular vendor invoice by utilizing the attachments feature on the lower right hand corner of the invoicing screen to substantiate requests for payment. The vendor invoice shall be readable in Microsoft Excel, AdobeAcrobat (.pdf) or Microsoft Word.FAR 32.905(b) outlines a Proper Invoices to include:1. Name & address of the Contractor.2. Invoice date & number.3. Contract number, contract line item number and, if applicable, the order number.4. Description, quantity, unit of measure, unit price and extended price of the items delivered.5. Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading.6. Terms of any discount for prompt payment offered.7. Name and address of official to whom payment is to be sent.8. Name, title, and phone number of person to notify in event of defective invoice.9. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.10. Any other information or documentation required by the contract.The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.(End of Local Clause)ET 02-20 AUTHORIZED WORKERS NOTICE TO POTENTIAL BUREAU OF RECLAMATION CONTRACTORS (SEP 2002)(a) Definitions.IRCA - Immigration Reform and Control Act of 1986INA - Immigration and Nationality ActINS - Immigration and Naturalization ServiceSSA - Social Security AdministrationINS SAVE Program - The INS Systematic Alien Verification for Entitlements ProgramESA - Employment Standards Administration (Department of Labor)(a) Authority. Immigration Reform and Control Act of 1986 (8 USC 1101 as amended) and the Immigration and Nationality Act, Section 274A.(b) Who is Covered. INA includes provisions addressing employment eligibility, employment verification, and nondiscrimination. These provisions apply to all employers, including government contractors.(c) Basic Provisions/Requirements. Under IRCA, employers may hire only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). Employers must keep each I-9 on file for at least three years, or one year after employment ends, whichever is longer. Detailed guidance on the I-9 is available at the INS web site: http://www.uscis.gov/i-9(d) Employment Verification Pilot Programs. The INS and the SSA are conducting the following programs that provide employers a way to confirm the employment eligibility of their newly hired employees. Any employer located in a pilot state may volunteer to participate in a pilot program. If employers are not located in a pilot state, they would verify employment eligibility by following the procedures currently in place, i.e., by completing Form I-9.(1) The Basic Pilot is a joint pilot being conducted by the INS and SSA in the States of California, Florida, Illinois, Nebraska, New York, and Texas. This pilot involves verification checks of the SSA and INS databases of all newly hired employees, regardless of citizenship. To receive information on the Basic Pilot program please call the INS SAVE Program toll free at 1-888-464-4218, or fax your request for information to (202) 514-9981, or write to USINS, SAVE Program, 425 I Street, NW, ULLICO Building 4th Floor, Washington, DC 20536. You may also contact the Social Security Administration by calling (410) 966-1940, or writing to Social Security Administration, Office of Program Benefits Policy, 6401 Security Blvd., 760 Altmeyer, Baltimore, MD 21235.(2) The INS is conducting the Citizen Attestation Pilot in the States of Arizona, Maryland, Massachusetts, Michigan, and Virginia. The Citizen Attestation Pilot permits participating employers to electronically verify the employment eligibility of newly hired alien employees by using a personal computer with a modem. To receive information on the Citizen Attestation Pilot program please call the INS SAVE Program toll free at 1-888-464-4218, or fax your request for information to (202) 514-9981. Employers may also write to US/INS, SAVE Program, 425 I Street, NW, ULLICO-4th Floor, Washington, DC 20536.(3) The INS and the SSA are conducting the Machine-Readable Document Pilot in the State of Iowa. The Machine-Readable Document Pilot is identical to the Basic Pilot in all respects, except for the geographic scope of the pilot and for one additional feature. If an employee presents an Iowa's driver's license or identification card containing a machine-readable SSN, the employer will make an inquiry through the confirmation system by using the machine-readable feature. To receive information on the Machine-Readable Document Pilot program please call the INS SAVE Program toll free at 1-888-464-4218, or fax your request for information to (202) 514-9981. You may also write to US/INS, SAVE Program, 425 I Street, NW, ULLICO-4th Floor, Washington, DC 20536.(e) Employee Rights. The INA protects U.S. citizens and aliens authorized to accept employment in the U.S. from discrimination in hiring or discharge on the basis of national origin and citizenship status.(f) Compliance Assistance. More detailed information, including copies of explanatory brochures and regulatory and interpretative materials, may be obtained from local offices of the Department of Labor's Employment Standards Division, Wage and Hour Division, and the Office of Federal Contract Compliance Programs.(g) Penalties/Sanctions. Employers who fail to complete and/or retain the I-9 forms are subject to penalties. The INS enforces the INA requirements on verification of employment eligibility. The Justice Department enforces the anti-discrimination provisions. As part of their ongoing enforcement efforts, the ESA's Wage and Hour Division and Office of Federal Contract Compliance Programs conduct inspections of the I-9 forms. They report their findings to the INS and to the Department of Justice when they find cases of disparate treatment or unauthorized employment. A debarring official may debar a contractor, based on a determination by the Attorney General of the United States, or designee, that the contractor is not in compliance with the INA. The Attorney General's determination is not reviewable in the debarment proceedings.DIAPR 2012-05 CLASS DEVIATION - LIMITATION WITH RESPECT TO FELONY CRIMINAL CONVICTIONS AND DELINQUENT TAX DEBTS (FEB 2012)(a) In accordance with sections 433 and 434 of Division E of the consolidated Appropriations Act, 2012 (Pub. L. 112-74), none of the funds made available by the Act may be used to enter into a contract with any corporation that -(1) Was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agent and made a determination that this further action is not necessary to protect the interests of the Government.(2) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.(b) The Offeror certifies that -(1) It is [ ] is not [ ] a corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law within the preceding 24 months;(2) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.(End of provision)WBR 1452.211-80 NOTICE OF INTENT TO ACQUIRE METRIC PRODUCTS AND SERVICES -- BUREAU OF RECLAMATION (MAR 1993)(a) Metric Transition Plan. The Department of the Interior on December 6, 1991, issued a Metric Transition Program (Part 758 Department Manual Chapter 1) to establish and describe the program's policies and responsibilities. The Bureau of Reclamation (Reclamation), has developed a Metric Transition Plan to implement metrication in Reclamation. This plan describes Reclamation's overall strategy for using the metric system, defines general requirements and procedures for carrying out the transition, and details the tasks with milestones for Reclamation offices to complete.(b) The Omnibus Trade and Competitiveness Act of 1988 (Trade Act).(1) Section 5164 of Public Law 100-418, the Trade Act, amended the Metric Conversion Act of 1975 and designated the metric system of weights and measures for United States trade and commerce.(2) The Trade Act establishes September 30, 1992, as the implementation date (to the extent economically feasible) for Federal agencies to use the metric system of measurement in its procurements, grants, and other business-related activities.(3) The Trade Act permits exceptions to the use of the metric system to the extent that such use is impractical or is likely to cause significant inefficiencies or loss of markets to United States firms, such as when foreign competitors are producing competing products in non-metric units.(4) As a result of the Trade Act, the President issued Executive Order 12770 dated July 25, 1991, to implement the congressional designation of the metric system as the preferred system of weights and measures for United States trade and commerce.(c) Bureau of Reclamation Implementation. As a result of the Trade Act, Reclamation will, to the maximum extent practicable, use hard conversion and soft conversion metric systems in designing its construction projects, eventually phasing out use of the soft conversion metric system. Exceptions to this policy will only be made when such use is impractical, produces inefficiencies or market losses, or is not economically feasible.(d) Expected Results. Reclamation expects its support of the metric system to result in increased use of the metric system by U.S. contractors, thereby increasing their ability to compete in the international marketplace. Increasing use of the metric system by U.S. contractors will eliminate possible restrictions on their bidding in the international marketplace and will eliminate any impact of economic blocks by metric countries restricting the acceptance of non-metric products.1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION--DEPARTMENT OF THE INTERIOR (APR 1984)(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption (9), which covers "geological and geophysical information, including maps, concerning wells."(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:"The information specifically identified on pages _______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the Government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:"This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.WBR 1452.222-80 NOTICE OF APPLICABILITY--COOPERATION WITH AUTHORITIES AND REMEDIES - CHILD LABOR--BUREAU OF RECLAMATION (JAN 2004)(a) The clause at FAR 52.222-19, Child Labor, Cooperation with Authorities and Remedies, does not apply to Bureau of Reclamation acquisitions to the extent that the contractor is supplying end products mined, produced, or manufactured in -(1) Canada, and the anticipated value of the acquisition is $175,000 or more; and(2) Israel, and the anticipated value of the acquisition is $175,000 or more.(b) Nonapplicability thresholds for other countries are the same as listed in the FAR clause.(End of Provision)WBR 1452.225-82 NOTICE OF WORLD TRADE ORGANIZATION GOVERNMENT PROCUREMENT AGREEMENT EVALUATIONS--BUREAU OF RECLAMATION (MAY 2005)In accordance with the Agreement on Government Procurement, as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), and other trade agreements, FAR Subpart 25.4, World Trade Organization Government Procurement Agreement, applies to Bureau of Reclamation acquisitions. In order to apply trade agreements unique to Reclamation, the contracting officer will (irrespective of any other provision or clause of this solicitation) evaluate acquisitions at or above the dollar thresholds listed in FAR 25.402(b) without regard to the restrictions of the Buy American Act.(End of Provision)
R15PS00063 Department of the Interior Bureau of Reclamation
11/19/14, 3:32 PM