Sol_140R8122Q0270_0001.pdf

SOLICITATION/CONTRACT 1. THIS CONTRACT IS A RATED

5. SOLICITATION TYPE2. CONTRACT NO. 4. SOLICITATION NUMBER

PAGE OF PAGES

7. ISSUED BY CODE 8. THIS ACQUISITION IS

BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27

RATING

ORDER UNDER DPAS (15 CFR 700)

3. AWARD/

EFFECTIVE DATE ISSUE DATE

6. SOLICITATION

UNRESTRICTED OR SET ASIDE:

SMALL BUSINESS

SIZE STANDARD:

9. (AGENCY USE)

NO COLLECT CALLS

10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)

SUPPLIES SERVICES

11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN

CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT

PERIOD) FROM THE DATE SET FORTH IN BLOCK 9 ABOVE, THE CONTRACTOR

AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED

HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS

AND CONDITIONS STATED HEREIN.

CODE 12. ADMINISTERED BY

13. CONTRACTOR FACILITY 14. PAYMENT WILL BE MADE BY CODE CODE

OFFEROR CODE

TELEPHONE NO.

UNIQUE ENTITY IDENTIFER

CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:

15. PROMPT PAYMENT DISCOUNT 16. AUTHORITY FOR USING OTHER

THAN FULL AND OPEN COMPETITION

10 U.S.C. 2304 41 U.S.C. 253

NEGOTIATED

(RFP)

SEALED BIDS

(IFB)

1 3

07/29/2022

Bureau of Reclamation Denver Office Acquisition Operations Branch Building 67 - Denver Federal Center

MS 84-27810

Denver CO 80225

100.00

541360

% FOR:

X

X x

R81

Rifle Gap Stress Data Analysis

$16.50

140R8122Q0270

NAICS:

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

8(A)

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOSB PROGRAM

EDWOSB

17.

ITEM NO.

18.

SCHEDULE OF SUPPLIES/SERVICES

19.

QUANTITY

20.

UNIT

21.

UNIT PRICE

22.

AMOUNT

Delivery: 05/21/2023

Delivery Location Code: 0009910105

Bureau of Reclamation-DO

Building 67, Entrance E3, Room 165

6th Avenue & Kipling Street

Denver Federal Center

Denver CO 80225-0007 US

Continued ...

27. SIGNATURE OF OFFEROR/CONTACTOR 28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

NAME AND TITLE OF SIGNER (TYPE OR PRINT) DATE SIGNED NAME OF CONTRACTING OFFICER DATE SIGNED

25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION

NUMBER SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS

OR CHANGES WHICH ARE SET FORTH HEREIN, IS

ACCEPTED AS TO ITEMS:

23. ACCOUNTING AND APPROPRIATION DATA 24. TOTAL AWARD AMOUNT

(FOR GOVERNMENT USE ONLY)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE

STANDARD FORM 1447 (REV. 8/2016)

Prescribed by GSA - FAR (48 CFR) 53.214(d)

COPIES TO

TYPE OR PRINT NAME AND TITLE OF SIGNER

SIGNATURENAME AND ADDRESS OF FIRM (Include ZIP Code)

WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF ITEMS INVOLVEDWE DO

DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED

CANNOT MEET DELIVERY REQUIREMENT

OTHER (Specify)

UNABLE TO IDENTIFY THE ITEM(S)

CANNOT COMPLY WITH SPECIFICATIONS

PAGE

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AFFIX

STAMP

HERE

TO:

FROM:

SOLICITATION NO.

MS 84-27810

Denver CO 80225

Bureau of Reclamation Denver Office Acquisition Operations Branch Building 67 - Denver Federal Center

R81

140R8122Q0270

STANDARD FORM 1447 (REV. 8/2016) BACK

(A)

ITEM NO.

(B)

SUPPLIES/SERVICES

(C)

QUANTITY

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(E)

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(F)

AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 3

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

140R8122Q0270

00010 CLIN 100 Stress Data Analysis for Rifle

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

Period of Performance: 09/01/2022 to 05/21/2023

00020 CLIN 200 Stress Data Analysis for Vallec

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

Period of Performance: 09/01/2022 to 05/21/2023

NSN 7540-01-218-4386 STANDARD FORM 1447 (REV. 8/2016)

Prescribed by GSA - FAR (48 CFR) 53.214(d)

PERFORMANCE WORK STATEMENT (PWS)

Contemporary Stress Data Analysis

Period of Performance (POP)—10 months after award

1.0 INTRODUCTION:

1.1 The tasks include studies needed to support dam-safety risk analyses for two dams in western Colorado: Rifle Gap Dam in west-central Colorado and Vallecito Dam in southwest Colorado. Rifle Gap Dam is a zoned earthfill dam on Rifle Creek about 10 kilometers (km) north of Rifle, Colorado. Vallecito Dam is a zoned earthfill dam on Los Pinos River about 30 km northeast of Durango, Colorado. Engineering analyses for both dams require revised seismic loadings that need to include updated crustal fault sources. To help identify active crustal fault sources, Reclamation needs contemporary stress data, analysis, and interpretation to better understand which faults may be active under the current stress regime near the two dams. Local changes in the contemporary stress need to be identified. The data and analyses acquired in this contract will be used as input into revised seismic loadings for each dam.

2.0 SCOPE:

2.1 Seismic hazards will be computed for Rifle Gap and Vallecito dams to support dam-safety analyses for both dams. The studies described in this PWS are expected to reduce the uncertainty of the seismic loadings, which improves efficient use of resources and provides greater confidence for decision-makers and stakeholders. As part of the efforts by the Seismology and Geomorphology Group to update the seismic loadings for the two dams, compilation of all relevant geologic stress data and an interpretation of the data are needed to determine the contemporary stress fields and any spatial variations in the areas of these two dams. The data and interpretation are required to better evaluate the potential for activity on regional and local faults, and reduced uncertainty in the potential crustal fault sources, resulting in increased public safety and reduced construction costs.

The project will include the following tasks and subtasks:

2.2 Compilation, analyses, and interpretation for the region surrounding Rifle Gap Dam. This task includes compilation of all available contemporary geologic stress data, analysis of the data to interpret the contemporary stress field, and a detailed assessment of spatial variations in western Colorado, especially in the vicinity of Rifle Gap Dam.

2.2.1 Obtain all relevant contemporary stress data from a variety of sources, including professional society publications, state agencies, university, the world stress map database, oil and gas operators and service companies. The types of data include, but are not limited to: image logs, caliper logs, sonic logs, mini-frac data, and microseismic data.

2.2.2 Analyze the data and interpret the contemporary stress field in the region surrounding Rifle Gap Dam, including any spatial variation.

2.2.3 Examine geologic literature to determine what is known about the evolution of the regional and local stress field over geologic time to the present.

2.2.4 Prepare a database of the data collected and the associated references using Excel or similar software. The database should include the azimuth of the maximum principal horizontal stress (SHmax), type of faulting (strike slip, normal, or reverse) or the relative magnitudes of SHmax, minimum principal horizon stress (Shmin), and vertical stress (SV), and the depth of the stress measurement. The latitude and longitude coordinates should be in NAD83 or WGS84 coordinate system.

2.2.5 Prepare and present interim results at one progress meeting to allow Reclamation to review and discuss interim results. The meeting can take place via an online conference platform and should include PowerPoint or similar meeting presentations that will be distributed to Reclamation after the meeting.

2.2.6 Present the final results to Reclamation. The presentation can take place via an online conference platform.

2.2.7 Prepare a written report documenting the data compiled, methods, and analysis steps, the results of the interpretation, the limitations of the interpretations, and a summary of the contemporary stress both within the region and local to the dams. The report format shall be electronic (Microsoft Word and Adobe Portable Document Format, or PDF).

2.3 Compilation, analyses, and interpretation for the region surrounding Vallecito Dam. This task includes compilation of all available contemporary stress data, analysis of the data to interpret the contemporary stress field, and a detailed assessment of spatial variations in southwestern Colorado and northern New Mexico, especially in the vicinity of Vallecito Dam.

2.3.1 Obtain all relevant contemporary stress data from a variety of sources, including professional society publications, state agencies, university, the world stress map database, oil and gas operators and service companies. The types of data include, but are not limited to, image logs, caliper logs, sonic logs, mini-frac data, and microseismic data.

2.3.2 Analyze the data and interpret the contemporary stress field in the region surrounding Vallecito Dam, including any spatial variation.

2.3.3 Examine geologic literature to determine what is known about the evolution of the regional and local stress field over geologic time to the present.

2.3.4 Prepare a database of the data collected and the associated references using Excel or similar software. The database should include the azimuth of the maximum principal horizontal stress (SHmax), type of faulting (strike slip, normal, or reverse) or the relative magnitudes of SHmax, minimum principal horizon stress (Shmin), and vertical stress (SV), and the depth of the stress measurement. The latitude and longitude coordinates should be in NAD83 or WGS84 coordinate system.

2.3.5 Prepare and present interim results at one progress meeting to allow Reclamation to review and discuss interim results. The meeting can take place by an online conference platform and should include PowerPoint or similar meeting presentations that will be distributed to Reclamation after the meeting.

2.3.6 Present the final results to Reclamation. The presentation can take place via an online conference platform.

2.2.7 Prepare a written report documenting the data compiled, methods, and analysis steps, the results of the interpretation, the limitations of the interpretations, and a summary the contemporary stress within the region. The report format shall be electronic (Word and

PDF).

3.0 PERSONNEL QUALIFICATIONS: Contractor personnel shall provide resumes detailing education and employment history for the personnel who will perform the interpretation. The resume of the project manager or lead shall demonstrate the completion of a Master’s degree or Philosophiae Doctor (Ph.D.) in Geophysics, Petrophysics, Sedimentology, Petroleum Geology, or a related field. Additionally, the project manager or lead shall demonstrate at least 10 years of industry experience in well log interpretation, including image log interpretation and stress field analysis in the western United States. The project lead needs to be familiar with Colorado and New Mexico oil and gas data sources and have experience in the application of stress data to tectonic fault assessments and seismic hazard studies.

4.0 GOVERNMENT-FURNISHED EQUIPMENT (GFE) AND MATERIALS:

4.1 GFE: None

4.2 Government Furnished Materials: Any background information about the geology at Rifle Gap Dam and Vallecito Dam and the areas surrounding these two dams will be provided to the contractor as needed.

5.0 REGULATIONS/POLICIES: None

6.0 TRAVEL: Travel is not included in this award

7.0 GOVERNMENT VEHICLES: Travel is not included in this award. Government vehicles will not be used.

8.0 SECURITY: Travel to any Reclamation site is not included in this award.

9.0 TRAINING: No training is required.

10.0 DELIVERABLES: : The deliverables are described in Sections 10.1 and 10.2 for the tasks listed in Sections 2.2 and 2.3, respectively. The tasks, deliverables, the media with the number of copies, and recipients are listed in Tables 10.1.4 and 10.2.4 in this PWS.

10.1 Deliverables for Task 2.2: Compilation, analyses, and interpretation for the region surrounding Rifle Gap Dam

10.1.1 Deliverable #1 (Conferences): Attend three conferences with Reclamation: one conference at the start of the project to review tasks and schedule; one interim conference during the project to present interim results for Reclamation to review; and one conference with Reclamation at the conclusion of the project to provide final results. The conferences can take place via an online conference platform. An electronic (PDF) copy of any presentation materials shall be provided by the contractor after each presentation.

10.1.2 Deliverable #2 (Draft results and draft written report): Draft results and a draft written report with attachments in electronic format (Word and PDF) will be provided. Data and results shall be provided on physical media (Digital Video Disc, or DVD; Universal Serial Bus, or USB; or external hard drive) or on an approved website for download and shall include all items listed in Section 2.

10.1.3 Deliverable #3 (Final results and final written report): Final results and a final written report with attachments in electronic format (Word and PDF) will be provided. Data and results shall be provided on physical media (DVD, USB, or external hard drive) or on an approved website for download and shall include all listed in Section 2. The final copy of the written report shall be provided on the same physical medial as the computational results.

10.1.4 Deliverable Table for Task 2.2 Compilation, analyses, and interpretation for the region surrounding Rifle Gap Dam.

PARA DELIVERABLE DUE DELIVER TO

10.1.1

Conferences: Provide conferences with Reclamation shown below to discuss the project progression and allow Reclamation to view interim and final results. The conferences can take place via an online web conference platform.

Meeting #1: Initial meeting to review project tasks and schedule and to make sure contractor has all needed materials

8/22/2022

For each conference:

1 electronic copy of any presentation to Contracting Officer’s Representative (COR);

1 electronic copy of any presentation to CO

10.1.2

10.1.3

10.1.4

Meeting #2: Contractor presentation of preliminary results to Reclamation

Meeting #3: Contractor presentation of final results to Reclamation

Draft Results and Draft Written Report: Draft results and interpretations and a draft written report with attachments in electronic format (Word and PDF).

Compiled data shall be provided on physical media (DVD, USB, or external hard drive) or on a website for download and shall include all listed in Section 2.

Final Results and Final Written Report: Final results and interpretations and a final written report with attachments in electronic format (Word and PDF). Compiled data shall be provided on physical media (DVD, USB, or external hard drive) or on a website for download and shall include all listed in Section 2.

1/15/2023

2/15/2023

2/28/2023

4/30/2023

1 electronic copy to COR; 1 electronic copy to CO

10.2 Deliverables for Task 2.3: Compilation, analyses, and interpretation for the region surrounding Vallecito Dam

10.2.1 Deliverable #1 (Conferences): Attend three conferences with Reclamation: one conference at the start of the project to review tasks and schedule; one interim conference during the project to present interim results for Reclamation to review; and one conference with Reclamation at the conclusion of the project to provide final results. The conferences can take place via an online conference platform. An electronic (PDF) copy of any presentation materials shall be provided by the contractor after each presentation.

10.2.2 Deliverable #2 (Draft results and draft written report): Draft computational results and a draft written report with attachments in electronic format (Word and PDF) will be provided. Computational results shall be provided on physical media (DVD, USB, or external hard drive) or on an approved website for download and shall include all listed in Section 2.

10.2.3 Deliverable #3 (Final results and final written report): Final computational results and a final written report with attachments in electronic format (Word and PDF) will be provided. Computational results shall be provided on physical media (DVD, USB, or external hard drive) or on an approved website for download and shall include all listed in Section 2. The final copy of the written report shall be provided on the same physical medial as the computational results.

10.2.4 Deliverable Table for Task 2.3 Compilation, analyses, and interpretation for the region surrounding Vallecito Dam

PARA DELIVERABLE DUE DELIVER TO

10.2.1

10.2.2

10.2.3

10.2.4

Conferences: Provide conferences with Reclamation shown below to discuss the project progression and allow Reclamation to view interim and final results. The conferences can take place via an online web conference platform.

Meeting #1: Initial meeting to review project tasks and schedule and to make sure contractor has all needed materials

Meeting #2: Contractor presentation of preliminary results to Reclamation

Meeting #3: Contractor presentation of final results to Reclamation

Draft Results and Draft Written Report: Draft results and interpretations and a draft written report with attachments in electronic format (Word and PDF).

Compiled data shall be provided on physical media (DVD, USB, or external hard drive) or on a website for download and shall include all listed in Section 2.

Final Results and Final Written Report: Final results and interpretations and a final written report with attachments in electronic format (Word and PDF). Compiled data shall be provided on physical media (DVD, USB, or external hard drive) or on a website for download and shall include all listed in Section 2.

9/15/2022

1/15/2023

2/15/2023

2/28/2023

4/30/2023

For each conference:

1 electronic copy of any presentation to COR; 1 electronic copy of any presentation to CO

11.0 QUALITY: The contractor shall prepare a draft report for tasks 2.2 and 2.3 for Reclamation’s review, which will be reviewed within twenty calendar days of receipt. The contractor shall remedy any deficiencies in the report identified by Reclamation and shall submit a final report to Reclamation within twenty calendar days after receipt of Reclamation’s review.

11.1 Performance-Based Contracting. Quality shall be measured based on the following:

PWS

Para

Performance Objective Method of Surveillance (Quality Assurance)

Standard to be Met/Allowable Deviation

Performance Goal

10.1.4, 10.2.4

Government concerns addressed in each phase’s final report.

Observation by

COR

Less than 5% deviation from performance standard throughout the life of an individual task order.

95% of the time.

10.1- 10.2

Delivery Schedule for each phase. Observation by COR and CO

No more than 2 overdue occurrences of more than 2 working days without prior communication and zero delays resulting award expiration or extension.

98% of the time.

12.0 Identification of Contractor Employees: All contract personnel are required to identify themselves as contractors. Whether attending meetings, answering Government telephones, or working in other situations where their contractor status is not obvious to third parties, they must make their status known to avoid creating an impression that they are Government employees.

13.0 POINTS OF CONTACTS (POC): The POCs for this SOW are:

Technical Contact:

Lucy Piety lpiety@usbr.gov 303-445-3185

Contracting Officer Representative:

Glenda Besana-Ostman gbesanaostman@usbr.gov 303-445-3315

Contracting Officer (CO):

Donnette Legasse dlagasse@usbr.gov 303-445-3602

Contract Specialist (CS):

Robert Shedrick rshedrick@usbr.gov 303-445-2843

Solicitation Number: 140R8122Q0270 – Stress Data

Clauses

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

SERVICES (NOV 2021)

---Addendum to 52.212-4---

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.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

None

The Contractor shall also submit an electronic copy of the IPP invoice to rshedrick@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)

DOI-AAAP-0055 INTERNET PROTOCOL VERSION 6 (JUN 2012)

1. Any system hardware, software, firmware and/or networked component (voice, video or data) developed, procured, or acquired in support and/or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products.

2. Specifically, any new IP product or system developed, acquired, or produced must:

a. Interoperate with both IPv6 and IPv4 systems and products, and

b. Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.

3. As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost to the Government. The Contractor shall retrofit all non-IPv6 capable equipment, as defined above, that is fielded under this contract with IPv6 capable equipment, at no additional cost to the Government.

4. The contractor shall provide technical support for both IPv4 and IPv6.

5. Any system or software must be able to operate on networks supporting IPv4, IPv6 or one that supports both.

6. Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified or replaced to bring it into compliance at no additional cost to the Government.

(End of clause)

Provisions

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

(NOV2021)

---Addendum to 52.212-1---

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

Solicitation Number: 140R8122Q0249 – Omicron CPC 100 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---

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:

Price Alone

Technical and past performance, when combined, are N/A

(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. 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.

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