Amend_1_-_Solicitation_package_140R6026Q0022_0001.pdf

PDF 2 MB Posted Apr 13, 2026

Attached to: WY SE TRASH REMOVAL
Solicitation number: 140R6026Q0022
Issued by: Department of the Interior Bureau of Reclamation

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Written by GovTribe AI · Apr 13, 2026

This is an Amendment to a Solicitation/Modification of Contract (Standard Form 30) issued by the Bureau of Reclamation's Missouri Basin Regional Office for trash removal services at Seminoe Dam facilities in Wyoming.

Amendment Details and Service Requirements: Amendment 0001, effective March 23, 2026, corrects start dates from October 1, 2026 to September 1, 2026 across all contract line items. The solicitation is a firm-fixed price Request for Quotation under NAICS 562111 (Solid Waste Collection), designated as a total small business set-aside with a $47 million size standard. The contract encompasses trash removal services for a one-year base period (September 1, 2026 – August 31, 2027) with four one-year option periods and one six-month extension option, extending through February 29, 2032. Services include weekly pickups of two 6-yard dumpsters (minimum size; 10-yard acceptable) and on-demand pickups of one 20-yard dumpster (2 pickups annually) for disposal of non-hazardous commercial waste. The contractor must supply all equipment with wind-resistant covers, provide weekly service on a Monday–Friday schedule, and accommodate weather-related service adjustments without billing the Government. Pricing should include rental, flat disposal, and landfill fees with no separate variable charges. Evaluation criteria include technical capabilities per the Performance Work Statement, past performance via the Contractor's Performance Assessment Reporting System, and price. Offerors must be registered in SAM.gov. Questions must be submitted by April 7, 2026 at 11:59 PM MDT, with written, signed quotations due by April 22, 2026 at 11:59 PM MDT to Terra Warren at terra_warren@ios.doi.gov. The contract incorporates FAR clauses as of Federal Acquisition Circular 2025-06, including service contract labor standards, minimum wage requirements per Executive Order 14026, and paid sick leave provisions. Invoices must be submitted electronically through the Department of Treasury's Invoice Processing Platform.

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140R6026Q0022_Solicitation_Package.pdf	PDF	Mar 23, 2026
Sol_140R6026Q0022.pdf	PDF	Mar 23, 2026

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Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: is not is required copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7.ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

PAGESOF

Contractor

The hour and date specified for receipt of Offers to sign this document and return

Terra Warren

See continuation page

Bureau of Reclamation Missouri Basin Regional Office 2021 4th Avenue North Billings MT 59101

R60

140R6026Q0022

03/23/2026

1 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

Period of Performance: 09/01/2031 to

02/29/2032

Amendment 140R6026Q0022 0001 is to:

Correct the start dates on the CLINS of the Form 1449 and PWS. Start date of the contract will be September 1, 2026, not October 1.

Clarify that the ‘per unit price’ on the price schedule sheet will be utilized as the rate at which the contractor will charge for unscheduled pickups, unless otherwise specified.

o Price schedule table updated with that note, and fields to enter alternate prices if necessary.

Update Clauses and Provisions sections to reflect the most up-to-date Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO), per Département of Interior (DOI) class deviations.

Answer question:

o Question: For the 6-month extension period, should pricing be based on 26 weekly pickups for the two 6-yard dumpsters and 1 pickup for the 20-yard dumpster, or is there a different basis the Government would like used for the extension pricing?

Answer: Please use 26 weekly pickups for the 6-yard dumpster and 1 each 20-yard dumpster pickup o Question: Does the site currently have 2 each 6-yard dumpsters and 1 each 20-yard dumpster on site as of today?

Answer: Yes, but when the current contract ends, that contractor will remove them. The awardee will need to supply their own.

o Question: Are two 10 yards acceptable instead of two 6 yards?

Answer: Yes, 10-yard dumpsters can be quoted in leu of 6 yard dumpsters, provided proposed dumpsters are no smaller than 6 yards. The PWS has been updated to reflect, “at least 6-yards”. The lower priced option will be evaluated more favorably, as long as it meets the 6-yard minimum.

Solicitation – Bureau of Reclamation Trash Removal Service

This is a solicitation for commercial services and is prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. The Bureau of Reclamation (Reclamation) has a requirement to obtain for Trash removal services Seminoe Dam facilities, in Wyoming. The scope of this firm-fixed price contract is for services as identified in the included Statement of Work.

This solicitation is issued as a request for quotation (RFQ) solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06. This is a total small business set-aside under NAICS 562111, Solid Waste Collection with a small business size standard of $47 Million.

Offerors must be registered in SAM.gov to be considered for award.

Offerors are cautioned to carefully review the offer submission requirements. To be considered qualified for this work, offerors must fully address all evaluation factors outline under FAR clause 52.212-2 on the following page, in the solicitation package.

The Government anticipates making award without discussions. However, the Government reserves the right to conduct discussions if the Contracting Officer determines them to be necessary. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint.

Offerors may submit questions electronically, via email, to Terra Warren, Contract Officer at terra_warren@ios.doi.gov . Questions need to be submitted no later than Friday, April 7th, at 11:59 PM MDT. Questions received after that date will not be entertained. Applicable answers will be provided via amendment to the solicitation through the SAM website at www.sam.gov

Offerors are permitted to inspect the site where offerors shall be performing the required services, to satisfy themselves regarding all general and local conditions that may affect the cost of performance. In no event shall failure to inspect the site constitute grounds for a claim afterward. The subject area is publicly accessible, and no pre-bid meeting is scheduled. Bidders are encouraged to visit site areas prior to bid submission.

Written, signed quotes with contact information are due no later than April 22th, at 11:59 PM MDT by email to terra_warren@ios.doi.gov. With quote, provide any other documentation the vendor determines would add value to the quotation and assist the government in determining a quotation is of the best value to the government. (a PDF of the full announcement will be attached to this announcement) and any other necessary documentation to the contracting officer listed above. For information or questions regarding this Request for Quotation, please contact Terra Warren, twarren@usbr.gov.

EVALUATION CRITERIA

52.212-2 Evaluation - Commercial Products and Commercial Services. (NOV 2021)

(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 will be used for a comparative evaluation of offers:

1. Technical capabilities of the service offered that best meet the requirements as outlined in the Performance Work Statement (PWS).

2. Past Performance: The Government will evaluate the Contractor’s Performance

Assessment Reporting System reports for past performance evaluations.

3. Price: please complete provided Price Schedule table below.

(b) 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. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

PRICES SCHEDULE

(Please complete this table as you price proposal)

Description

Per pickup price for (Qty 2) 6- yard

Dumpsters**

Per Pickup Price for (Qty 1) 20-Yard

Dumpster**

Total Annual Price based on parameters of the

PWS*

Base Year Option Year 1 Option Year 2 Option Year 3 Option Year 4 6 Month extension

Total contract Price

*52 weeks in a year = 52 pickups for 2 ea 6-yard dumpsters, and 2 pickups per year for 1 ea 20- yard Dumpster. Price should include all rental, flat disposal and landfill fees. Disposal and landfill fees cannot are not to be billed for separately, or as a variable rate.

** The per pickup price will be utilized as the price for unplanned pickup requests as described in the PWS under 2.1 and 2.2, unless otherwise stated below.

Price per pickup outside of routine:

6 yard dumpsters

20 yard dumpster

Performance Work Statement for SE Trash Removal Services

1. Introduction

This Performance Work Statement (PWS) outlines the terms, scope, and responsibilities for providing trash removal services to US Bureau of Reclamation (BOR), Wyoming Area Office, Seminoe Dam facilities. Address: US Bureau of Reclamation, Seminoe Dam Route; HC 67 Box 2; Sinclair, Wy. 82334. The services are to be performed by a licensed waste management company with expertise in trash collection and disposal.

Period of Performance for this contract shall be a 1-year service contract with performance-based option, at the government’s discretion to extend on a yearly basis for 4 additional years, with an additional 6-month option per FAR clause 52.217-8. The contract will begin September 1st, 2026.

The purpose of this PWS is to ensure reliable, efficient, and environmentally responsible trash removal, in compliance with local regulations.

2. Scope of Services

The Contractor Shall:

2.1 Commercial Dumpster Services

Provide pickup service and maintenance of (qty 2) 6-yard dumpsters (size needs to be at least 6-yards).

o Dumpsters shall be supplied with latching, wind resistant covers. No specific type of latch is required. The purpose of the latch is wind protection, so it should be appropriate for that need.

Scheduled pickups will be Weekly.

o The facility location is a remote area. The roads to the facility are managed by the local and state government. BOR has no control of the road conditions leading up to the facility.

o Due to the remote nature of the location of this service to be provided, there is the potential during winter months that weekly service may need to be skipped or rescheduled. During inclement weather conditions or other circumstances that may prevent weekly service, the contractor will communicate with the on-site contract quality assurance representative (QAR) to evaluate accessibility, need and reschedule options. Any skipped service due to inclement weather and inaccessibility shall not be billed to the government.

o Additional service requests are expected to be rarely necessary; contract will include stated price for additional pick-ups.

Materials accepted: Non-hazardous commercial waste, including office trash, food waste, and packaging.

o There are NO requirements for recycling or special diversion services for this contract, requirements beyond verification of waste being transported and disposed of at approved disposal/recycling facility according to local regulations of where it is ultimately disposed.

2.2 Junk and Oversize Item Removal

Provide pickup service and maintenance of (1) 20-yard dumpsters.

o Dumpster will remain on site except when pick-up service is requested.

Scheduled pickups shall be (On demand) removal of large items such as Wood Pallets, Scrap Metal, or non-hazardous construction debris.

o 2 pick-up and disposal services per calendar year.

These services will be requested by the on-site contract QAR, to the contractor.

o Additional service requests are expected to be rarely necessary; contract will include stated price for additional pick-ups.

Scheduling: Pick-up and disposal service available within 2 weeks of request.

o Coordination of scheduling will occur between the onsite contract QAR and the contractor, directly. Flexibility will be granted in cases of inclement weather.

Process: Contractor will collect items from the site, transport to approved disposal or recycling facilities, and provide proof of disposal if requested. Weight Tickets will not be required.

3. Place of Performance, Service Schedule and Delivery

(2) 6-yard dumpsters to be placed at the Seminoe Housing Area Fueling Station.

o GPS Coordinates 42.157083, -106.915872, Located in Carbon County Wy.

Due to the remote nature of this site, a physical street address is not available.

(1) 20-yard dumpster to be placed at the Seminoe Housing Area Warehouse o GPS Coordinates 42.157444, -106.912552, Located in Carbon County Wy.

Due to the remote nature of this site, a physical address is not available.

Standard Schedule:

o To establish a weekly service schedule the contractor may provide a preferred standard weekly dumping schedule to the contracting officer for approval.

(Monday – Friday)

Missed Pickups: Due to holidays, weather, or non-compliance; shall be reported to on-site contract QAR and rescheduled within 2 business days.

4. Responsibilities

4.1 Provider Responsibilities

Supply all necessary equipment (dumpsters, vehicles) in clean, operational condition.

Comply with all federal, state, and local environmental regulations for waste handling and disposal.

o Contractor shall provide evidence of proper disposal upon government request.

Notify QAR of any service disruptions within 2 business days.

4.2 Client Responsibilities

Segregate waste properly (e.g., hazardous items) and label as needed.

Ensure access to collection points; notify provider of any access issues (e.g., road conditions).

To not overload containers beyond capacity or place prohibited items.

Pay invoices on time and report any service issues within 2 business days.

5. Quality Assurance

Trash service is monitored by government employees assigned to the Seminoe/Kortes Facilities during biweekly plant, property, and security inspections. Instances of failure to perform service will be reported to the on-site contract QAR.

o Quality assurance representative will report any service issue to the contracting officer within 2 business days.

CLAUSES

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 WWW.acquisition.gov.

List of Clauses

CLAUSE

NUMBER CLAUSE TITLE

CLAUSE

DATE

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. (Deviation)

(Mar 2026)

52.204-13 System for Award Management Maintenance.

(Deviation)

(Mar 2026)

52.204-19 Incorporation by Reference of Representations and Certifications (Deviation)

(Mar 2026)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

(Nov 2015)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (Deviation)

(Mar 2026)

52.217-8 Option to Extend Services (Nov 1999)

52.219-28 Postaward Small Business Program Rerepresentation. (Jan 2026) 52.222-3 Convict Labor (Jun 2003)

52.222-41 Service Contract Labor Standards (Aug 2018)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts)

(Aug 2018)

52.222-50 Combating Trafficking in Persons (Oct 2025)

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026

(Jan 2022)

52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2022)

52.223-23 Sustainable Products and Services (May 2024)

52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021) 52.226-8 Encouraging Contractor Policies to Ban Text

Messaging While Driving.

(Mar 2026)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

(Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Mar 2023)

52.233-1 Disputes (May 2024)

52.233-3 Protest after Award (Aug 1996)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Mar 2023)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

(Apr 1984)

52.242-15 Stop work Order (Aug 1989)

52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

52.249-4 Termination for Convenience of the Government (Services) (Short Form)

(Apr 1984)

52.217-8 Option to Extend Services. (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years, six (6) months.

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.

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: The Offeror shall submit a copy of the regular offeror invoice and any other documentation requirement to substantiate the invoice utilizing the attachments feature in IPP.

Offeror invoices submitted shall match in every aspect to the information submitted in IPP. This shall include invoice number including punctuation (i.e., 123-4R or other invoice data), dates of service, service name and offeror name.

A copy of the invoice and coversheet shall be submitted to Terra Warren Contracting Specialist (terra_warren@ios.doi.gov), by e-mail when the invoice is uploaded into IPP. Failure to e-mail the invoice may cause delays in payment.

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.

PROVISIONS

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): FAR Provisions - https://acquisition.gov/far/

PROVISIO

N NUMBER CLAUSE TITLE

CLAUS

E DATE

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.

(Jan 2017)

52.204-7 System for Award Management.(Deviation) (Mar 2026)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(Nov 2015)

52.212-1 Instructions to Offerors of Commercial Products and Commercial Services. (Deviation)

(Mar 2026)

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. (Dec 2016)

DIAR 1452.215-71

Use and Disclosure of Proposal Information – Department of the Interior (Apr 1984)

The following Provisions must be completed by and signed by the submitting entity with their quotation package:

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.

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