B08_Combined_Snyopsis-Solicitation-.pdf

DWORSHAK NFH - Yankee Fork

Trap Box FWS

SOLICITATION NO. 140FS125Q0027

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

U.S. Fish and Wildlife Service Dworshak NFH is issuing a request for Quotes for a Yankee Fork

Trap Box. Please see below Statement of Work for more info.

This Request for Quotation (RFQ) is a TOTAL SMALL BUSINESS SET ASIDE and is conducted under the procedures of FAR Parts 12 and 13, incorporating provisions and clauses in effect through Federal Acquisition Circular 2024-07. The NAICS code is 332999 and the small business size standard is 750 employees.

Instructions

All responsible small business sources may submit a quote, which shall be considered by the agency. Award will be made as a firm-fixed-price contract. The basis of award is the lowest price technically acceptable. All offers will be opened to establish a competitive range. Only those offers in the competitive range will be reviewed for responsibility and award. Quotes shall specify cost per ton and include cost of material, delivery, placement, and all associated fees and costs. Award will be made to a responsible source pursuant to FAR subpart 9.1.

Technical Acceptability: Selected Vendor must be within a 50-60 mile radius from the

Dworshak NFH.

Please submit:

1. Your quotation (showing unit and total price) on company letterhead.

2. Supporting documentation for all additional evaluation factors listed on the next page;

3. SAM.gov UEI code;

4. Point of contact: phone number and e-mail address.

5. If your company holds a GSA contract that would apply to this requirement, please provide the contract number.

Quotes Due: 01/30/2025 by 4pm Pacific

Questions are due by 01/29/2025

E-Mail Quote Submission to: oscar_orozco@fws.gov

In order to have a quote considered for award, respondent must be registered at the System for Award Management (SAM) website (https://www.sam.gov) as an active vendor by the time a selection is made.

STATEMENT OF WORK

Idaho Fish and Wildlife Conservation Office

10/29/2024

1. GENERAL:

The Idaho Fish and Wildlife Conservation Office (IFWCO) works with Tribal Partners on fisheries related issues throughout the State of Idaho. Currently, IFWCO has been building a resistance board weir for the

Shoshone-Bannock Tribe so they can capture adult Steelhead returning to the Yankee Fork in the Upper

Salmon River drainage. This resistance board weir replaces the Tribe’s existing picket weir that they operate in the summer and fall to capture Chinook Salmon. The new resistance board weir will allow operation in higher flows. All components (rail and panels) of the new weir have already been fabricated by IFWCO staff except the new trap box. The rail to the weir has already been installed in the stream.

IFWCO needs to have a new aluminum trap box fabricated by a contractor that will handle the higher flows for this spring trapping season. The design of the trap box was recommended, and drawings have been provided by FWS staff from Alaska who have used it in similar high flow situations. The trap box must be fabricated locally (within 50-60 Miles) so IFWCO staff can work with contractors on exact needs and so IFWCO staff can design and fabricate a fish chute system that attaches the new trap box to the existing weir panels. This project also needs to be completed in a quick time frame so the weir can be installed and operational by March.

2. DEFINITIONS:

Resistance board weirs consist of several components: 1) a substrate rail that anchors to the bottom of the stream, 2) weir panels that attach to the rail and form the barriers, 3) bulk heads and fixed pickets to prevent fish from passing around either side of the weir, 4) a fish passage chute that allows fish through an opening in one of the panels that goes to a 5) fish trap box that holds the fish. Components 1-3 have already been fabricated and the substrate rail has been installed in the river. The fish passage chute between the panels and the trap box will be built by IFWCO staff at the IFWCO office in conjunction with a local contractor (Jetco Machine and Fabrication) building the trap box. The trap box was designed by

FWS biologists from Alaska who use the box during high stream flows. The box is coffin shaped to help direct debris coming down the river away from the box. The trap box is made from aluminum so it is lighter and easier to move into and out of the stream.

3. SCOPE:

A. The vendor will use the existing design drawings developed for Alaska USFWS staff to fabricate an aluminum trap box. The vendor will be in communication about adjustments needed and allow

FWCO staff to inspect and take measurements in order to build the fish chute.

4. PLACE/DELIVERY AND PERIOD OF PERFORMANCE:

A. IFWCO will pick up the trap box upon completion from the selected vendor within 50-55 miles radius. IFWCO will bring the box to the IFWCO office for final preparations. The box, along with the weir panels, will be installed during March when Ice is off of the Yankee Fork but before high spring flows.

B. The trap box needs to be fabricated by mid-February so FWCO staff can finalize fish chute fabrications at the FWCO office and be ready for the install whenever ice is off the stream.

5. INSPECTION AND ACCEPTANCE:

A. The Trap box will be inspected throughout the fabrication and upon completion.

6. GOVERNMENT FURNISHED EQUIPMENT OR MATERIALS:

A. None is needed.

7. AVAILABILITY:

1. FWCO staff will be available for pick up or inspection of trap box from the selected vendor within 50-55 miles from 8:00 a.m. to 2:00 p.m. during the duration of the build.

8. TECHNICAL COORDINATOR:

a. Jarrett Page, Fish Biologist (208-780-5033) jarrett_page@fws.gov

b. John Erhardt, Project Leader (208-207-9419) john_erhardt@fws.gov

c. Eli Felts, Deputy Project Leader (208-780-5027) eli_felts@fws.gov mailto:jarrett_page@fws.gov mailto:eli_felts@fws.gov

SeeSee See

See

4-5 2-31

See

See

1 2

Counting Chute

Strut

See

1-2

See

See

1-2

Inner Frames

See

See

Assembly Counting Gate

18 6

3 4

3 3

16 17

13 14

8 9 10

11 12 1 1

S tru ct ur al C ro ss

-M em be r

See

See

See

1 1

Floor GrateSee

Upper Perimeter

Lower Perimeter

Post Intervals

STARBOARD SIDE

PORT SIDE

B A

C K

FR

O

N T

Live Trap - Index to Detailed Drawings

Scale = 1:18 Updated: 03/01/00

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670 Kenai, Ak 99611 907-262-9863

26 1/2"

140°

100.0°

38 7/16"

112 1/4"

46 7/16"74 9/16" 61 11/16" 48 13/16"

Perimeter metal from 3" channel

See

Lower Perimeter

Scale = 1:15 4/08/94

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

120.0°

8 1/2"

Post

100.0°

Gusset Gusset

Gusset

2" 1" 2"

1"

Gussets

Corner posts are from 3" x 1.410" channel Corner base plates are from 1/4" sheet

Intermediate posts are from 3" I-beam Interm. base plates are from 1/4" x 3" flat

Gussets are from 3/16" x 2" flat

Finished dimension from bottom of base plate to top of post = 70-1/4"

Grind top-outside of each post to match inside radius of upper perimeter metal.

1 1/2"

2" 1"

Weld base plate to post as shown above

3/8"

3/8" 3/8" sheet metal ends 3-1/4" from top of post

3"

3"

6 3/4"

6 3/4"

6"

6"

See

Posts 1-5

Scale = 1:4 Updated: 02/29/00

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

1 3/8"

1 3/8"

2 1/2"

/8

1 1/2"

2 1/2"

2-1/2" x 2-1/2" angle

PostSee

/2

Post

/4

Strut Bracket Placement

Scale = 1:4 Updated: 02/29/00 1 thus & 1 opposite required

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

CL

CL

29 3/4"

31 5/8"

48 1/4"

48"

29 3/4"

32 3/8"

Measurement From Corner of Lower Perimeter Measurement From

Corner of Lower Perimeter

Post Intervals

Scale = 1:13 Updated: 02/29/00

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

S pa n m et al

3"

1 1/4"

In si de O ut si de

R ad iu s po st

1 2 S ca le

:2 .5

U pp er P er im et er to P os t

3/ 8"

X

3 1/2"

1 1/2"

2"

Post

S pa n C on ne ct io n

L ow er P er im et er

6 6

Fl oo r G ra te

S ca le

:2

.5

2/

/9

U .S

. F is h an d W ild lif e Se rv ic e Ke na i F is he ry R es ou rc e

O ffi ce Bo x

Ke na i, Ak

7-

2-

29 3/4"

48"

29 3/4"

Back Frame = 40-7/8" x 67"

2 Required Inner frame = 35-7/16" x 67"

2 Required Inner/Lower Frame = 47-5/8" x 44"

/16

/1 6"

2 Required Inner/Upper Frame = 47-5/8" x 23"2 Required

Inner Frame = 29-3/8" x 67"

2 Required Inner Frame = 29-3/8" x 67"

1Grind Weld Flat on Inside

2" x

" A ng le

Frame Corner Detail

Inner Frame Dimensions

Scale = 1:14 Updated: 02/29/00 11 frames required (total) - all from 2" x 2" angle Verify frame dimensions with actual openings.

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

3/

" x

-1 /2

" F la t B ar

3/16" x 1-1/2" Flat Bar

3 1/8" 1 1/2"

From 1/2" sch. 40 Alum. Pipe

Fyke Door Hinge

Scale = 1:1.25 Updated: 02/28/00

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

FRONT VIEW

OVERHEAD VIEW

LA

TER

A

L VIEW

Radius = 1"

1 1/2"1 1/2"

45°

24 1/2"

25" 2" 1 1/2"

46"

20 3/4" 25 1/4"

2"

2"

2"

Fyke Door Frame

Scale = 1:7 Updated: 02/25/00 Designed for 16 & 18 picket weirs (1-11/16" & 1-3/8" gap between pickets)

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670 Kenai, Ak 99611 907-262-9863

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

40 7/8"

4 1/2"

67"

40 7/8"

1 1/2" 1 1/2" 1-1/4" x 3/4" x .125" channel welded together21 1/4"

9 13/16" 21 1/4" 9 13/16"

Place channel 1/4" from bottom of frame

REAR VIEW

21"

REAR

Grind Inside Weld Flat

Grind Inside Weld Flat

Grind Inside Weld Flat

Grind Inside Weld Flat

B ack Fram e 1 10

S cale = 1:9 U pdated: 02/24/00 M ade from 2"x 2"x 3/16" alum inum angle.

D esigned for 16 &

18 picket w eirs (1-11/16" &

1-3/8" gap betw een pickets)

U .S

. Fish and W ildlife S ervice K enai Fishery R esource O ffice B ox 1670 K enai, A k 99611

6"

20 7/8"

6 pickets from 3/4" pipe

2 9/16"

2" x

-1

/2 " x

.1

" R ec t.

Tu be

2" x 1-1/2" x 0.125" Rect. Tube

1 1/2"

46"

Rear Gate

Scale = 1:6 Updated: 02/25/00 Designed for 16 & 18 picket weirs (1-11/16" & 1-3/8" gap between pickets)

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

21 1/4"

40 7/8"

25"

11See

See

See

See

1"

Mill 3/8" groove 11/16"

Fyke Door, Gate & Rear Frame Assembly

Scale = 1:6 Updated: 02/25/00 Designed for 16 & 18 picket weirs (1-11/16" & 1-3/8" gap between pickets)

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

23 3/4"

Vertical from 3" channel

Gusset

Base plate

Upper angle

Gusset

70"

1/4"

Outside

Inside

LA

TER

A

L VIEW

O F C

R O

SS M

EM

B

ER

S

2-1/2" x 2-1/2" x 3/16" Angle vertical line represents this point

Outside note position of angles relative to line

23 3/4"

130.0

140.0

4 1/2"

OVERHEAD VIEW

2" x 1-1/2" angle

23 3/4"

90.0 3"

FRONT VIEW

Weld to Lower Perimeter

From 2-1/2" x 2-1/2" x 3/16" Angle

Jamb Frame

Scale = 1:10 Updated: 02/29/00

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

23 5/8"2 1/2" 4"

2 1/2"

3/16" x 2" Flat Bar

1/4" x 2" Flat Bar

23 5/8"

69 3/4"

2" 1/

2"

3/

4"

1/

2"

2"

1/4" x 2" x 3-1/2" Flat Bar

1/4" x 2" x 1-1/4" Flat Bar

2- 1/

2" x

-1

/2 " A ng le

0-1/4"

Outside

Inside

Outside

2-1/2" x 2-1/2" angle 2-1/2" x 2-1/2" x 3/16" Angle

1/4" x 2" Flat Bar

2- 1/

2" x

-1

/2 " x

/1

6" A ng le

Countersunk Holes (NBM)

2-1/2" x 2-1/2" x 3/16" Angle

22 5/8"

23 1/2"

1/4"

1/4"

FRONT VIEW

SIDE VIEW

OVERHEAD VIEWS

Counting Gate Jamb

Scale = 1:12 Updated: 03/01/00

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

1"

1"

1/2" Hole

3/16" x 1-1/2" Flat Bar

23"

23"

2"21 1/2"

2 3/4" 16" 2 3/4"

48"

1" x 1" x 1/8" Angle

FRONT

BACK

BACK VIEW

2" x

" x

/1

6" A ng le

Grind Flat

Grind Flat

Grind Flat

Counting Gate

Scale = 1:7 Updated: 03/01/00 From 2" x 2" x 3/16" Angle

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

1/2" Threaded rod

2" x 1-1/2" Rect. tube

1" sch. 80 Pipe

1/2" Nut

3/4" sch. 40 Pipe

Plastic Shim

40"

See

Chute Side Panel

Counting Chute

Scale = 1:8 Updated: 02/28/00 (Overhead View)

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

Drill 1-1/16" dia. holes in rect. tube (2-3/4" on center) to receive 3/4" sch. 40 pipe

41 1/2"

54 1/2" 52 1/2"

38" 1 1/2"

2"

3"

1"

1"

1-1/2" x 1-1/2" Angle

2" x 1-1/2" Rect. Tube

2" x 1-1/2" Rect. Tube

2" x

-1

/2 " R ec t.

Tu be

2" x

-1

/2 " R ec t.

Tu be

1 3/4"

2 3/4"

Counting Chute Side Panel

Scale = 1:10 Updated: 02/28/00 (Lateral View - Port Side) 1 thus & 1 opposite required

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

37 7/8" 120.0°

112 5/8"

46 7/8"

100.0°

3-1/2" x 3-1/2" x 1/4" angle

Bolt to frame

Bolt to post

Bolt to post

See

See

Upper Perimeter

Scale = 1:15 3/22/94

Notch

Updated: 94

Description: Upper Perimeter File T18-1b Drawn by: John Tobin

US Fish & Wildlife Service, Kenai Fishery Resource Office P.O. Box 1670, Kenai, AK 99611-1670

Phone: (907) 262-9863 Fax: (907) 262-7145

See

Scale = 1:15 Updated: 00/00/94

Floor Grate

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

Structural Cross-Member - From 3" x 1.410" x .170" Aluminum Channel

23"

47"

Attach to bottom side of Upper Perimeter using 3/8" hardware

77 3/4"

Structural Cross-Member

Scale = 1:12 Updated: 03/02/00

See

Upper Perimeter

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

Do not weld the inside of this miter.

Weld both sides

(weld outside)

90°

2"

(1/8" aluminum)

Gusset

2" 2"

2 1/4"

90o o

24 1/2"

26 3/8" 23 15/16"

11/32" Holes (drill fit center of picket hole) Not by Mackey Lake

Passing Chute Frame

Scale = 1:6 Updated: 02/22/00 Made from 2"x 2"x 3/16" aluminum angle.

Designed for 16 & 18 picket weirs (1-11/16" & 1-3/8" gap between pickets)

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

Do not weld the inside of this miter.

Weld both sides

(weld outside)

90°

2"

(1/8" aluminum)

Gusset

2" 2"

2 1/4"

90o o

24 1/2"

26 3/8" 23 15/16"

11/32" Holes (drill fit center of picket hole) Not by Mackey Lake

Passing Chute Frame

Scale = 1:6 Updated: 02/22/00 Made from 2"x 2"x 3/16" aluminum angle.

Designed for 16 & 18 picket weirs (1-11/16" & 1-3/8" gap between pickets)

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

Downstream Face of Tab

Upstream Face of Tab

Upstream Face of Tab

Upstream Face of Tab

Upstream Face of Tab

Upstream Face of Tab

Upstream Face of Tab

LATERAL VIEW

29 1/2" 30" 30" 30" 30" 30 1/4"

Upstream Face of Tab (tab on other side)

2"

1 1/2"

1/8"

3/8"

1 3/8"

Upstream Face of Tab Made From 2" x 2" x 3/16" Angle

Cut to a Length of 1-3/8"

Upstream Face of Tab Made From 1-1/2" x 1-1/2" x 3/16" Flat

(tab on other side)

1 1/2"

1 1/2"

2"

1 1/2"

1/8"

LATERAL VIEWS

OVERHEAD VIEWS

LATERAL VIEWS

OVERHEAD VIEWS

Chute Side Brace

Scale = 1:20 Updated: 03/03/00 For 16 picket stringers @ 30 " OC Made from 2" x 1-1/2" x 3/16" angle 1 thus & 1 opposite required

Downstream Face of Tab (tab on this side)

Downstream Face of Tab (tab on this side)

Downstream Face of Tab Made From 1-1/2" x 1-1/2" x 3/16" Flat

(tab on other side)

U.S. Fish and Wildlife Service Kenai Fishery Resource Office Box 1670

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023)

---Addendum to 52.212-4---

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):

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of clause)

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE

PROCESSING PLATFORM (IPP) (FEB 2021)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

'Payment request' means any request for contract financing payment or invoice 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:

[Contracting Officer to edit and include the documentation required under this contract]:SEE BOX

BELOW

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 SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) 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 IPPCustomerSupport@fiscal.treasury.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 with its proposal or quotation.

(End of Local Clause)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS (AUG 2018)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUN 2016)

(a) Definitions. As used in this clause– Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

--- End of Addendum to 52.212-4---

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY

2024)

(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 products and commercial services:

(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 Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services:

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[ ] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

[ ] (6) [Reserved].

[X] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) https://www.acquisition.gov/far/52.203-17#FAR_52_203_17 https://www.govinfo.gov/link/uscode/41/4712 https://www.acquisition.gov/far/3.900#FAR_3_900

(10) 52.204–28, Fe[ ]deral Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(ii) Alternate[ ] I (Dec 2023) of 52.204–30.

[ ] (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[ ] (14) [Reserved] [ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

[X] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(17) [Reserve[ ]d]

[X] (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (Mar 2020) of 52.219-6.

[ ] (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (Mar 2020) of 52.219-7.

[ ](20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

[ ] (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (Nov 2016) of 52.219-9.

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

[ ] (iv) Alternate III (Jun 2020) of 52.219-9.

[ ] (v) Alternate IV (Sep 2023) of 52.219-9

[ ] (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

[ ] (ii) Alternate I (Mar 2020) of 52.219-13.

[ ](23) 52.219-14, Limitations on Subcontracting (OCT 2022) Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

[ ] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C.

657f).

[X] (26) (i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) (15 U.S.C.

632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

[ ] (28) 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 (Oct 2022) (15 U.S.C. 637(m)).

[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

[ ] (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024) (E.O.13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

[ ] (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (Jul 2014) of 52.222-35.

[X] (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

https://www.govinfo.gov/link/plaw/115/public/390

[ ] (ii) Alternate I (Jul 2014) of 52.222-36.

[ ] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[X] (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).

[ ] (40) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

[ ] (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

[X](42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

[X](43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

[X](44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

[X](45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

[ ](46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

[X] (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

[ ] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sections 4501-4732), 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 [Reserved].

[X] (iii) Alternate II (Dec 2022) of 52.225-3.

[ ] (iv) Alternate III (NOV 2023) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[ ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (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. Subtitle A, Part V, Subpart G 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) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.govinfo.gov/link/uscode/42/7671 https://www.acquisition.gov/far/part-52#FAR_52_223_23 https://www.federalregister.gov/executive-order/14057 https://www.govinfo.gov/link/uscode/7/8102 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/6962 https://www.govinfo.gov/link/uscode/42/8259b https://www.govinfo.gov/link/uscode/42/7671l https://www.acquisition.gov/far/part-52#FAR_52_226_8 https://www.federalregister.gov/executive-order/13513

[X] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[ ] (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[ ] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d) (13)).

[ ] (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

[ ] (iii) Alternate II (Nov 2021) 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 products and commercial services:

[X] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

[List as necessary]

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

[ ] (5) 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).

[ ] (6) 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).

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (Nov 2021) ( 41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xiv) 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.

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 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).

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

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

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Contract Documents, Exhibits, or Attachments

Provisions

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

---Addendum to 52.212-1---

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):

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of provision)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (AUG 2024)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

DIAR 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.

(End of provision)

---End of Addendum to 52.212-1---

---End of Addendum to 52.212-2---

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(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.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate…