Sol_140R1723Q0082.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

R17

Hwy 155, PO Box 620 Grand Coulee Acquisition Group Pacific Northwest Region Bureau of Reclamation

0009906770 CODE 16. ADMINISTERED BYCODE

X

X

X

335312

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORR17

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

10/03/2023 1700 PD

09/19/2023

5096336132Paula Gross (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140R1723Q0082

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 50 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Grand Coulee WA 99133

TELEPHONE NO.

17a. CONTRACTOR/

Grand Coulee WA 99133 Industrial Area Hwy 155 - Warehouse B - Door 6 Grand Coulee - Receiving Bureau of Reclamation-PN-GCPO

15. DELIVER TO

Grand Coulee WA 99133 Hwy 155, PO Box 620 Grand Coulee Acquisition Group Pacific Northwest Region

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,250

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Bureau of Reclamation

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 12/05/2023 Period of Performance: 10/10/2023 to 12/05/2023

00010 G3 Exciter Inspect, Test, Clean, Dip, Bake per the attached Statement of Work.

THIS IS A FIRM-FIXED PRICE LINE ITEM.

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Paula Gross

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00020 G3 Exciter Refurbishment Labor per testing results and SOW

HOURLY RATE $____________________________

TIME AND MATERIAL LINE ITEM

00030 G3 Exciter Refurbishment Parts and Materials per testing results

TIME AND MATERIALS LINE ITEM.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

50 2 of

CONTINUATION OF 1449 BLOCK 20, SCHEDULE OF SUPPLIES/SERVICES

The Bureau of Reclamation, Pacific Northwest Region, Grand Coulee Power Office (GCPO), has a requirement for the testing and refurbishment of the G3 Exciter.

1.0 Summary

Perform incoming visual inspection of the exciter pieces comprised of but not limited to the motor, main exciter, pilot exciter and armatures, field frames and PMG, note any shipping damage and/or problems.

Furnish labor, equipment, and materials to clean exciter pieces to remove all contaminates; bake at 225°F maximum temperature to remove all moisture from the insulation; and dip and/or paint (insulating type) to renew the integrity of the insulation. Neither hydrocarbon based solvents or cleaners, nor any cleaner which dissolves carbon, shall be used to clean the exciter equipment. Only water based cleaners, approved for use on electrical equipment, shall be used to clean the exciter equipment. During dipping or painting, and while curing in the oven, DO NOT CONTAMINATE COMMUTATORS WITH VARNISH OR PAINT.

NOTE: On large equipment with aging insulation requiring long dry out times, moisture removal and dryness shall be determined by measuring the galvanic cell voltage between the copper coils in the winding and their respective cores.

Furnish labor, equipment, and materials to test and inspect the exciter M-G set in accordance with the attached test forms, and to recondition the exciter set pieces to an “as new” a condition as is reasonably possible. The Government will use the test forms to evaluate the condition of the exciter MG set.

After being informed by the Contractor that the exciter set is ready for testing and inspection, and at the Government’s option, the Government will send inspector(s) to the work site to witness the after-cleaning tests, and/or to inspect the exciter set after it has been reconditioned and tested.

For the purpose of Government acceptance of the work, and payment for said work, all tests listed in the test forms shall be completed. In addition, all Contractor standard tests shall be performed and documented on the Contractor’s standard forms; said forms shall be attached to the appropriate Government test form.

2.0 Description of Main Unit Exciter Unit Exciters and Recent Operational History Main Unit Exciters: (General Powerhouse G1 to G6 (Horizontal))

MAIN EXCITER PILOT EXCITER

400 kW 23 kW

250 VDC 250 VDC

1600 Amps 92 Amps

120 RPM

Weights

Field Frame: 32,040 lbs.

Rotor: 30,000 lbs.

PMG Weight: 1,000 lbs.

120 RPM

Weights: Rotor:

3000 lbs.

3.0 Scope of work

If main exciter and/or pilot exciter armature meggar readings do not improve to acceptable levels after cleaning, unband the armature(s) and clean between the risers, and reband. Use the same type of banding as was installed on the incoming armature, and apply in accordance with Section 3.13 of ANSI/EASA AR100.

If meggar readings still remain low, notify the Government of the results and any recommendations for repair.

If rewiring or releading of the pilot exciter fields is required by this specification, or is determined necessary by the Contractor, the fields shall be wired in accordance with the Exciter M-G Set wiring diagram (Main Unit:

222-117-18573). All pilot exciter leads shall be affixed with a stamped metal tag with the industry designation (See section 4.5) and an additional stamped metal tag with the circuit wire name designation in accordance with drawing: Main Unit: 222-117-18746.

If rewiring or releading of the main exciter fields is required by this specification, or is determined necessary by the Contractor, the Contractor shall attach a wiring diagram to the main exciter test form showing how the fields were rewired. All main exciter leads shall be affixed with a stamped metal tag with the industry standard designation and an additional stamped metal tag with the circuit wire name designation in accordance with drawing: Main Unit: 222-117-18746.

3.1 MAIN EXCITER (FIRM FIXED PRICE)

Meggar and perform pole drop tests as applicable on armature and fields. Verify correct polarity of the field pole connections on the two shunt fields before and after any repairs or reconnections are made. Record the readings of the as-found (incoming), the after-cleaning, and the as-left (after sealing windings) conditions of the windings on test form: Main Unit: 430-79.

AFTER CLEANING:

Retorque commutator bolts after baking.

After retorqueing commutator bolts, check the heights of adjacent commutator bars to see if any bar-to-bar height variations exceed 0.0005 inch. If variations exceed 0.0005 inch, check for loose bars. If the bars are tight, commutator grinding is required. If the bars are loose, retighten commutator bolts until there are no loose bars, and check bar heights again. Record the bar-to-bar height variations on a separate sheet and attach to form: MMB-128B

Record Ductor readings of the armature coils on a separate sheet, and attach to form: Main Unit: 430-79.

Perform Surge Comparison and/or Baker Advanced Winding Analyzer (AWA) Method tests on armature coils. Attach photos and/or report, and a brief narrative of test results to test form: Main Unit: 430-79.

This same test shall be performed again after the armature has been sealed and cured, to ensure no damage has occurred during the reconditioning process.

Perform high resistance hot test on armature risers to detect any bad connections and cracked or broken riser bars. Attach brief report of findings.

Machine/grind commutator surface to concentricity with shaft centering bores for a runout of 0.001 inch maximum.

Measure and record commutator as-found and as-left diameters and runouts on form MMB 128B.

After machining commutator, undercut mica to a depth of 7/64 (0.1094) inch, +1/64 inch. Check slots with depth gauge and cut out any high mica if depth is not within this tolerance.

Bevel both sides of the commutator slot edges at approximately 45 degrees with a 1/32 inch chamfer.

Inspect and clean all commutator slots and remove any high or side mica and copper tailings from the slots.

Check rotor balance and dynamically balance it if necessary; notify the Government of any abnormalities.

Perform AC and DC Voltage Pole Drop tests on the main shunt field, the differential shunt field, and the interpole field. Record readings on test form 430-79. The field poles may or may not be numbered. The Contractor shall assign numbers to un-numbered poles and attach to the test form a diagram of the pole arrangement showing the number and location of each pole.

Perform Polarization Index insulation tests on the armature, the main shunt field, the differential shunt field, and the Interpole field. Attach graphs and report to form 430-79. This same test shall be performed after the windings have been sealed and cured.

Measure the DC resistance of the two shunt fields. Record the readings on test form 430-79.

3.2 PILOT EXCITER (FIRM FIXED PRICE)

Meggar and perform pole drop tests as applicable on armature and fields. Verify correct polarity of the field pole connections on the shunt and series fields before and after any repairs or reconnections are made. The series field is additive to the shunt field. Record the readings of the as-found (incoming), the after-cleaning, and the as-left (after sealing windings) conditions of the windings on test form 430-80.

Note: The industry lead designations on the pilot exciter are not standard. The armature leads are A3 and A4; the shunt field leads are F5 and F6. DO NOT CHANGE THESE DESIGNATIONS. If the leads do not have stamped metal tags with these designations, they shall be affixed with stamped metal tags per the designations above and drawing 222-117-18746.

AFTER CLEANING

Retorque commutator bolts after baking.

After retorqueing commutator bolts, check the heights of adjacent commutator bars to see if any bar-to-bar height variations exceed 0.0005 inch. If variations exceed 0.0005 inch, check for loose bars. If the bars are tight, commutator grinding is required. If bars are loose, retighten commutator bolts until there are no loose bars, and check bar heights again. Record the bar-to-bar height variations on a separate sheet and attach to form MMB-129B.

Record Ductor readings of the armature coils on a separate sheet and attach to form 430-79.

Perform Surge Comparison and/or Baker Advanced Winding Analyzer (AWA) Method tests on armature coils. Attach photos and/or report, and a brief narrative of test results to test form 430-80. This same test shall be performed again after the armature has been sealed and cured, to ensure no damage has occurred during the reconditioning process.

Perform high resistance hot test on armature risers to detect any bad connections and cracked or broken riser bars. Attach brief report of findings.

Machine/grind commutator surface to concentricity with shaft centering bores for a runout of 0.001 inch maximum.

Measure and record commutator as-found and as-left runouts on form MMB-129B.

After machining commutator, undercut mica to a depth of 5/64 (0.0781) inch, +1/64 inch. Check slots with depth gauge and cut out any high mica if depth is not within this tolerance.

Bevel both sides of the commutator slot edges at approximately 45 degrees with a 1/32 inch chamfer.

Inspect and clean all commutator slots and remove any high or side mica and copper tailings from the slots.

Check rotor balance and dynamically balance if necessary; notify the Government of any abnormalities.

Perform AC and DC Voltage Pole Drop tests on the shunt field, the series field, and the interpole field at rated voltage and/or amps. Record readings on test form 430-80. The field poles are numbered, and their locations are shown on Exciter Wiring Diagram 222-117-18746 accompanying this specification.

Perform Polarization Index insulation tests on the armature, the shunt field, the series field, and the interpole field. Attach graphs and report to form 430-80. This same test shall be performed after the windings have been sealed and cured.

Measure the DC resistance of the shunt field, the series field, and the diverter. Record the readings on test form 430-80.

3.3 PERMANENT MAGNET GENERATOR (PMG) (FIRM FIXED PRICE)

AFTER CLEANING: Inspect the following for condition; record condition of the windings, connections and insulation, testing and inspection should be as specified as accepted national or industry standards. If it’s determined after inspection that the PMG is in a deteriorated condition including but not limited to the following, notify the Government prior to repair.

a) Physical damage

b) Insulation failure

c) Winding of permanent magnet generator deteriorated.

d) PMG out of balance (contingent upon if PMG was sent as full assembly)

e) Notify the Government of any abnormalities.

3.4 EXTRA WORK AND DEFICIENT CONDITIONS (TIME AND MATERIALS)

The Contractor shall notify the Government as soon as possible when it is apparent that extra work is required that is not in the specified scope of work (e.g., rewinding armatures and fields), or if deficient conditions are found. Deficient means out-of-limit conditions found through inspections or tests performed as specified herein, or as specified in accepted national or industry standards. Deficient also means conditions that would not permit the exciter to be returned to “as-new” condition. Any additional work deemed necessary by the Contractor will be discussed at this time. This additional work may include, but not be limited to:

Rewinding the pilot and/or main exciter armatures, Turning and undercutting the pilot and/or main exciter commutators, Replacing/reinsulating/repairing the iron core(s), Rewinding/releading pilot and/or main exciter field windings, Replacing field pole ground wall insulation as necessary on any/all field windings, Replacing field frame insulators, Reinsulating/repairing brush rigging, and Refilling the commutator(s).

If additional work is authorized by the Government, the Contractor shall submit a separate quote for any additional work they deem necessary.

4.0 INSPECTIONS

The Government reserves the right to witness testing and to inspect the exciter components after cleaning, and to witness final testing prior to shipping to Grand Coulee Dam. The Contractor shall provide two business days’ notice of expected testing times and provide the same notice for the expected shipping date.

The Government will assign a technical contact/representative to oversee Contractor performance of this Statement of Work after contract has been awarded. The technical representative will monitor each requirement and performance thereof and report to the Contracting Officer/Specialist and the Powerhouse Superintendent on any issues that are of concern.

5.0 WARRANTY

The Contractor shall warrant the work performed under this Statement of Work, and any modifications thereto, for a period of one year. During this warranty period, and at no cost to the government, the Contractor shall repair any and all defects resulting from the work performed by the Contractor that become apparent after the exciter set has been returned to Grand Coulee Dam Left Powerhouse.

6.0 SHIPPING/TRANSPORTATION

6.1 The Contractor shall transport the exciter pieces to and from the Contractor’s facility. The Government will prepare the exciter pieces for shipping at the Grand Coulee Dam Left Powerhouse and load them on to the Contractor’s truck. The Government will off-load the exciter pieces from the Contractor’s truck upon their return to Grand Coulee Dam.

6.2 All exciter pieces shall be wrapped and sealed in Mobil Wrap or equivalent before transporting. Upon completion of work and testing, the Contractor shall package components and secure them to the truck bed in such a manner as to prevent damage from weather and transportation hazards. Packaging methods must be adequate to assure that all pieces, parts, and integral components are well protected from the elements and all road hazards, and to ensure their safe arrival at Grand Coulee Dam.

7.0 TEST & RUNOUT FORMS

430-79 G1-G6 Main Exciter Winding Test Data 430-80 G1-G6 Pilot Exciter Winding Test Data 430-133 G1-G6 Exciter Motor Winding Test Data MMB-128B G1-G6 Main Exciter Rotor Shaft Runout Data MMB-129B G1-G6 Sync. Motor Rotor Shaft Runout Data

8.0 REFERENCE DRAWINGS

G-3 Exciter Wiring Diagram 222-117-18746

G1- G3 Exciter Shaft and Journals 222-117-29918, 222-117-29919, 222-117-29920

The drawing(s) are available by emailing pgross@usbr.gov. Due to new security procedures at this location, you must provide your contact name, company name, physical address, phone and fax numbers, your e-mail address, Unique Entity Identification (UEI) number, and Federal Tax ID number (TIN) in order to obtain the drawing(s).

9.0 GOVERNMENT FURNISHED PROPERTY (GFP)

Pursuant to Clause 52.2451-1, Alternate 1 titled “Government Furnished Property,” the Government will issue to the Contractor on an as-is basis, the following equipment for use only in the performance of this contract:

Government-Furnished Property

Property Control No.

Description Year New Unit of Issue Cost

No Control Number

Exciter Unit Described in Section 2.0

Unknown 1 each $3,000,000.00 each

Except for those items specifically stated to be Government Furnished Property, the contractor shall furnish all items (equipment, supplies, materials, etc.) required to perform the tasks in this PWS.

mailto:pgross@usbr.gov.

PRICING SCHEDULE

Schedule 1

October 10, 2023 to December 5, 2023

Clin

Description Quantity Unit of Issue Unit Cost Total Cost

10 Inspect, Clean, Bake, Dip/Paint, & Test G3, Spare Exciter per SOW

(Firm Fixed Price Line Item)

1 EACH $ $

20 Exciter Refurbishment per testing results and SOW. Standard Shop

Rate. (fully burdened) (Time & Materials Line Item)

1 HOUR $ $

30 Material per testing results and SOW (Time & Materials Line Item)

1 EACH $26,265.00 $26,265.00

TOTAL SCHEDULE 1

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

Addendum to 52.212-4, Sub-clause (o), Warranty, is tailored to read as follows: (o) Warranty: Manufacturer’s

Standard Warranty, or better, is required.

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES - ALTERNATE I (NOV 2021)

Addendum to 52.212-4, Sub-clause (o), Warranty, is tailored to read as follows: (o) Warranty: Manufacturer’s

Standard Warranty, or better, is required.

---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) (APR 2013)

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.

The Contractor shall also submit an electronic copy of the IPP invoice to PGROSS@USBR.GOV once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

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)

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

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

--- End of Addendum to 52.212-4---http://www.acquisition.gov/far http://www.acquisition.gov/diar http://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

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

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

(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 and Other Covered Entities (Nov 2021) (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.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

[ ] (5) [Reserved].

[ ] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

[X] (9) 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).

[ ] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

[ ] (11) [Reserved].

[ ] (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

[ ] (13) 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).

[ ] (14) [Reserved]

[X] (15) (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.

[ ] (16) (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.

[ ] (17) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

[ ] (18) (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

[ ] (19) (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.

[ ] (20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637(a)(14)).

[ ] (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022)

(15 U.S.C. 657f).

[X] (23) (i) 52.219-28, Post Award Small Business Program Representation (Sep 2023) (15 U.S.C.

632(a)(2)).

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

[ ] (24) 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)).

[ ] (25) 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)).

[ ] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

[ ] (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

[X] (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[X] (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022)

(E.O.13126).

[X] (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

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

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

[ ] (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

[X] (36) (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).

[ ] (37) 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.)

[ ] (38) (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.)

[ ] (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

[ ] (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

[ ] (41) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s

13423 and 13514).

[ ] (ii) Alternate I (Oct 2015) of 52.223-13.

[ ] (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-14.

[ ] (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

[ ] (44) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-16.

[X] (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

[ ] (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[ ] (47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

[X] (49) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

[ ] (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (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].

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

[ ] (iv) Alternate III (Jan 2021) of 52.225-3.

[ ] (51) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (52) 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).

[ ] (53) 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).

[ ] (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ ] (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

[ ] (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).

[ ] (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:

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

[ ] (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).

[ ] (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).

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

2022).

[ ] (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 and 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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub.

L. 115-91).

(iv) 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).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of

Division R of Pub. L. 117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (Sep 2023 (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.

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

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

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

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

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

(xii) 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.

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

(xiv) (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).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements

(May2014) (41 U.S.C. chapter 67).

(xvi) 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).

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

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

2022).

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

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of

52.224-3.

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Nov 2021) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause

52.226-6.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(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)

52.245-1 GOVERNMENT PROPERTY (JAN 2017), WITH ALTERNATE I (APR 2012)

52.245-9 USE AND CHARGES (APR 2012)

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Unit No. Work Order No.

By: Date:

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Unit No. Work Order No.

By: Date:

Provisions

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR2023)

Addendum to 52.212-1 substitutes the term “quote” where the term “offer” appears in the provision.

Addendum to 52.212-1 requires the vendor to submit full warranty documentation on the item(s) being quoted.

Additional Quote Submission Requirements:

The contractor must provide evidence of understanding of the requirement through a written technical quote that addresses all the requirements and shows the clear understanding of the PWS.

The contractor must provide a narration that demonstrates Past Performance, either as the prime or major subcontractor, on recent and relevant contracts with same or similar scope within the past three years. The contractor shall provide references for similar services performed as described in the submitted narration, to include contract number (if Federal), and point of contact information.

---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 (OCT 2018)

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 http://www.acquisition.gov/far http://www.acquisition.gov/diar 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)

52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS--COMMERCIAL

ACQUISITION (NOV 2021)

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by-

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control.

(End of provision)

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

52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical, past performance, price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.