C5_5__140RR027Q0023_Updated_0001.pdf

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Northern California Area Office (NCAO) Low Bed Tra
Solicitation number
140RR027Q0023
Issued by
Not on record

About this file

This is a Request for Quotation (RFQ) issued by the Bureau of Reclamation's Northern California Area Office for the procurement of specialized trailer equipment.

The solicitation (140RR027Q0023) seeks quotes for a lightweight 35-ton, 2-axle, 2-frame, 8-tire, air flip tail low bed trailer with detachable gooseneck, manufactured from 100% T-1 high tensile Swedish Strenx® 700 steel. The trailer specifications include an 8'-6" deck width, 23' deck length, and 27" unloaded deck height. Required components include Ridewell air ride suspension, dual 25,000-lb axles, S-cam brakes with antilock braking system, eight 16-ply 235/75R17.5 Double Coin tires, high-polish aluminum wheels, Meritor air inflation system, and Imron paint (Federal standard grey). Additional features specified are a full gooseneck screen, aluminum front loading ramps, transition ramps, steel cleats, twelve heavy-duty outriggers, rear excavator tray, LED lighting, and multiple D-ring tie-down points. A longer 9-foot detachable gooseneck with two pins is required in lieu of the standard 8-foot version. All products must be in new condition; prototypes, demonstration models, used, or refurbished equipment are not acceptable. The contractor must submit technical drawings for COR approval prior to fabrication initiation.

Quotations are due by 11:00 a.m. Pacific Standard Time on Monday, November 16, 2026, submitted via email to erma_clark@ios.doi.gov in PDF format. Quote validity is 90 days from submission. Delivery is anticipated within 120 days to the Shasta Lake, California facility on a free on board (FOB) destination basis, with the contractor responsible for all manufacturing, assembly, labor, freight, shipping, and transportation costs. Quoted prices must be firm fixed price throughout contract duration and must include all line items; partial quotes are not accepted. The pricing schedule includes three contract line items: low bed trailer, detachable gooseneck, and shipping. This is a total small business set-aside procurement under NAICS code 336212 with a 1,000-employee size standard. The Government intends to award a firm fixed price contract. Bidders must be registered in SAM.gov with current representations and certifications and are evaluated on technical capability to meet specifications, past performance (CPARS review), and price reasonableness. The one-year manufacturer's warranty is required, and the contractor must provide internal quality control documentation, manufacturer's certificate of origin/title/VIN, warranty certificates, and operation/maintenance manuals at delivery. A Government mechanic and COR will perform comprehensive on-site inspection prior to acceptance, with any identified deficiencies corrected at the contractor's expense at no cost to the Government.

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Solicitation

140RR027Q0023

GENERAL INFORMATION

Solicitation Number: 140RR027Q0023

Request for Quotation (RFQ) Request for Proposal (RFP) Invitation for Bid

(IFB)

North American Industry Classification Code

(NAICS):

336212 Size Standard:

1000 employees

Offerors must be registered in System for Award Management (SAM.gov) with completed Representations and Certifications by the closing date of the solicitation to be considered for award. SAM is an official website of the U.S. Government and there is no cost to register in SAM.gov.

This requirement is being solicited as a total small business set aside.

Submission is due no later than (NLT) 11am Pacific Standard Time (PST), Monday, November, 16, 2026.

Quote Submission: Via email to erma_clark@ios.doi.gov. ALL documents must be in .pdf format.

Contact Information: Erma Clark

Quote shall be valid for 90 days from the submission due date.

Documents necessary for quote submission:

1 – Completed pages 4 and 5 of this document.

2 – Quoter verifies by submission of this quote that their representation and certifications in SAM.gov has been entered or updated within the last twelve (12) months and are current, accurate, complete, and applicable to this solicitation (Business Size and NAICS).

3 – Refer to Provisions 52.212-1 Addendum, Instructions to Offerors – Commercial Products and Commercial Services and 52.212-2 Evaluation – Commercial Product and Commercial Services on pages 14 through 16 for more details.

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BUSINESS INFORMATION

Business Name: _________________________________

UEI Number/Cage Code: __________________________

Point of Contact: _________________________________

Phone and Email: ________________________________

Business Size (circle one): Large Small javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

PRICING SCHEDULE

CLIN # Description Quantity Unit of Issue

Delivery Date

Total Price

All prices submitted are firm fixed price (FFP) throughout the entire duration of the contract.

Quoter must quote all items. A partial quote will not be accepted.

Quoted price must include the manufacturing, assembly, labor, freight, shipping, transportation, and any necessary equipment to supply the required products to free on board (FOB) destination.

00010 Low Bed

Trailer

AU

__/__/2027

00020 Detachable Gooseneck

AU

__/__/2027

00030 Shipping 1 AU $

Total: $ javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

SPECIFICATIONS

1.0 Background

Bureau of Reclamation’s (BOR) Northern California Area Office (NCAO) has a requirement for a lightweight 35-ton, 2-axle, 2-frame, 8-tire, air flip tail low bed trailer with detachable gooseneck (Sections 2.1 and 2.2), built with 100% T-1 high tensile Swedish Strenx® 700 steel.

2.0 Required Products

All products and materials used listed must be in new condition. Prototypes, demonstration models, used, or refurbished/remanufactured products will not be considered for award.

The following brand names are listed within Sections 1.0 and 2.1. Brand name or equal requirements are detailed as follows:

Strenx®: Brand name or equal so long as it meets or exceeds the specifications as detailed.

Ridewell: Brand name or equal so long as it meets or exceeds the specifications as detailed.

Double Coin: Brand name or equal so long as it meets or exceeds the specifications as detailed.

Meritor (MTIS™): Brand name or equal so long as it meets or exceeds the specifications as detailed.

Imron: Brand name only.

The Contractor shall provide the Contracting Officer’s Representative (COR) with a complete technical drawing (blueprint) via email prior to initiating any custom fabrication. The technical drawing must include all dimensions, load ratings, structural details, equivalent brand components, and any other pertinent technical information for the low bed trailer with detachable gooseneck.

The Contractor shall not initiate fabrication until written approval of the technical drawing is received from the COR via email.

2.1 Low Bed Trailer Specifications

1. Year: 2027

2. Full screen in gooseneck: Top to bottom to load small equipment up in gooseneck area.

3. DECK WIDTH: 8'-6"

4. DECK LENGTH: 23'

5. DECK HEIGHT: 27" unloaded, 24" loaded (estimate only).

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6. Crossmembers on 12” centers in lieu of standard 24” center for heavy duty forklift.

7. DECKING: 1 piece per side of 3” x 12” x 23’ Apitong outside deck board.

8. LOADING RAMPS, FRONT: One (1) set of 2’ L x 12” W, Aluminum front loading ramps.

9. TRANSITION RAMPS: Over rear deck - 12” wide x 64” bolt-on; one (1) on each side.

10. STEEL CLEATS: 3/8” steel cleats on ramp and tire area down onto deck; 3 – 5” rubber strips for smooth-drum rollers w/traction plate in between for small forklifts

11. OUTRIGGERS: One (1) set of twelve (12) each, 3” Heavy Duty Outriggers;

twelve (12) clips per side.

12. Rear steel excavator tray with tie downs approximately 6’ long x 34” wide.

13. SUSPENSION: AIR RIDE -"Ridewell"

14. AXLES: Two (2) each at 25,000 lbs. on 54" Axle spacing

15. BRAKES: S-cam 12.25" x 7.5" on 17.5 with auto slack adjusters with anti-lock braking system (ABS).

16. TIRES: Eight (8) total, each being 16-Ply 235/75R17.5 @ 31" ht. Double

Coin, Load Range “J” tires.

17. WHEELS (RIMS): High Polish Aluminum 8-HOLE-17.5.

18. SPARE TIRE: One (1) complete spare tire on an 8-hole 17.5 high polished aluminum wheel mounted onto Gooseneck.

19. AIR INFLATION SYSTEM: Meritor (MTIS™) air inflation system – constant air to tires.

20. PAINT: two (2) coats epoxy primer plus two (2) coats acrylic polyurethane paint (Imron Brand). Color is Federal standard Grey.

21. LIGHTS: All LED, 1 1/4" lights on Gooseneck, deck, and rear area.

22. Oversize load sign measuring 18” x 84” with permanent mount that has the option for removing.

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23. High visibility decal package.

24. TOOLBOX: Load bearing, self-supporting, top opening, lockable, recessed in front deck (one (1) total)”. Government will provide padlock.

25. TOOLBOX(S): Load bearing, self-supporting, top opening, lockable, one (1) on each side of king pin (two (2) total). Government will provide padlock.

26. Recessed deck D-rings, one (1) each corner of deck, four (4) total, at a 45-degree angle.

27. “D” rings: Flush mounted, one (1) each corner of lower deck. ‘D’ rings – must be spaced evenly. Eight (8) total, four (4) on each side, positioned on the sides of the trailer in the front and rear.

28. “D” rings: 2-pair over tires.

29. Lower deck center keyhole tie down flush with deck.

30. Must meet California Vehicle Code § 27600.

2.2 Detachable Gooseneck Specifications

1. Longer gooseneck at 9’ with two (2) pins in lieu of standard. 8’ (for a 14,000 – 15,000 lb front axle tractor).

2. Gooseneck support bracket to hold gooseneck between tractor frame and gooseneck for detaching.

2.3 Contractor to provide manufacturer’s certificate of origin/title/VIN, warranty certificates, and operation/maintenance manuals.

3.0 Warranty

One (1) year standard manufacturer’s warranty.

4.0 Delivery

BOR – NCAO

16349 Shasta Dam Blvd.

Shasta Lake CA, 96019

The Contractor is responsible for providing all manufacturing, assembly, labor, freight, shipping, transportation, and any necessary equipment to supply the low bed trailer and detachable gooseneck to FOB destination.

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The Contractor shall protect the low bed trailer and detachable gooseneck from corrosion, deformation, and all other types of damage during storage, handling, and delivery.

Damage to the low bed trailer and/or detachable gooseneck prior to final delivery and inspection by the COR shall be repaired and/or replaced at the Contractor’s expense.

The Contractor shall inform the COR of the delivery date at least seven (7) business days prior due to active security measures in place at NCAO.

5.0 Delivery Schedule

Task Deliverable Frequency Receiver Remarks

2.1 & 2.2 Low Bed Trailer

Detachable Gooseneck

1 trip COR

2.3 Certificate of

origin/title/VIN, warranty certificates, and operation/maintenance manuals

At delivery COR

6.0 Acceptance Criteria

The Contractor shall provide all completed internal quality control documentation to the COR via email prior to initiating transportation and delivery.

After reviewing the submitted documentation, the COR will notify the Contractor via email to address any concerns, if any, and coordinate delivery. The Contractor must not make any attempts to schedule delivery prior to receiving approval from the COR.

A Government mechanic and the COR will perform a comprehensive on-site inspection prior to acceptance. Any deficiencies or defects identified upon delivery that conflict with the contractor’s quality control documentation, deviate from the specifications, or present obvious safety hazards shall be corrected, repaired, and/or replaced at the Contractor’s expense.

The Government reserves the right to reject the delivery until all issues are fully resolved and verified.

All corrective actions must be completed within a timeframe, which will be specified by the COR, and no acceptance will occur until the low bed trailer and detachable gooseneck meets all specifications and safety requirements.

Any delays caused by necessary corrections, repairs, and/or replacements shall be at no cost to the Government.

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Final acceptance will occur only after all identified issues have been resolved to the satisfaction of the Government.

7.0 Security

NCAO is a secure Government facility. A valid Government issued photo identification is required for all Contractor personnel coming onsite. Contractor personnel will be escorted by Government personnel while onsite.

8.0 Period of Performance

Anticipated delivery within 120 days to FOB destination.

9.0 Type of Contract

The Government intends to award a firm fixed price type of contract.

10.0 Hours of Operation

The Contractor is responsible for conducting business between the hours of 8:00 am to 4:00 pm Pacific Daylight Time (PDT), Monday through Thursday except Federal holidays, when the Government facility is closed due to administrative closings, or similar Government directed facility closings.

Contractor will not be reimbursed when the Government facility is closed for any of the above reasons.

11.0 Recognized Holidays

The Contractor shall not attempt to make deliveries on the following recognized holidays:

New Year’s Day Martin Luther King Jr.’s Birthday President’s Day Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

END OF SPECIFICATIONS

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COMMERCIAL 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. Full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ http://www.acquisition.gov/far-overhaul

The clauses below are hereby incorporated by reference:

Clause Title Date 52.203-19 Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements

JAN 2017

52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.204-13 System for Award Management Maintenance (RFO DEVIATION)

MAR 2026

52.204-19 Incorporation by Reference of Representations and

Certifications

DEC 2014

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

(RFO DEVIATION)

MAY 2026

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

(RFO DEVIATION)

MAR 2026

52.212-4 Terms and Conditions - Commercial Products and Commercial Services

(RFO DEVIATION)

MAR 2026

52.219-6 Notice of Total Small Business Set-Aside (RFO DEVIATION)

JAN 2026

52.222-3 Convict Labor (RFO DEVIATION)

MAY 2026

52.222-19 Child Labor-Cooperation with Authorities and Remedies

(RFO DEVIATION)

MAY 2026

52.222-35 Equal Opportunity for Veterans (RFO DEVIATION)

MAY 2026

52.222-36 Equal Opportunity for Workers with Disabilities (RFO DEVIATION)

MAY 2026

52.222-37 Employment Reports on Veterans (RFO DEVIATION)

MAY 2026

52.222-50 Combating Trafficking in Persons (RFO DEVIATION)

MAY 2026

javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') http://www.acquisition.gov/far/

52.222-90 Addressing DEI Discrimination by Federal Contractors

(RFO DEVIATION)

MAY 2026

52.223-23 Sustainable Products (RFO DEVIATION)

MAY 2026

52.225-1 Buy American-Supplies (RFO DEVIATION)

NOV 2025

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

MAY 2024

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

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.233-3 Protest after Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim (RFO DEVIATION)

NOV 2025

52.240-91 Security Prohibitions and Exclusions (RFO DEVIATION)

MAR 2026

52.240-93 Basic Safeguarding of Covered Contractor

Information Systems

(RFO DEVIATION)

MAR 2026

52.244-6 Subcontracts for Commercial Products and

Commercial Services

(RFO DEVIATION)

MAY 2026

52.252-6 Authorized Deviations in Clauses NOV 2020

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

(b) The use in this solicitation or contract of any clauses listed above with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. In accordance with E.O. 14275, the purpose of the Revolutionary FAR Overhaul (RFO) is to amend the Federal Acquisition Regulation (FAR) to ensure that it contains only provisions that are required by statute or that are otherwise necessary to support simplicity and usability, strengthen the efficacy of the procurement system, or protect economic or national security interests.

(End of clause)

DOI-AAAP-0028 Electronic Invoicing and Payment

Requirements – Invoice Processing Platform

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 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Terms and Conditions - Commercial Products and Commercial Services 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:

When submitting invoices to IPP, the Contractor is advised to upload supporting documentation that will allow Reclamation to verify that the products or services comply with the terms of the contract. The information in the uploaded documents should not conflict with the data fields in the IPP submissions (service dates, invoice number, etc.). Prior to submitting an invoice to IPP, the contractor may coordinate with the designated Contracting Officer's Representative (COR), for review and verification of quantities for payment and for compliance with the applicable progress payment requirements of this contract. Prior coordination with the COR will allow for streamlined processing of the invoice.

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) prior to the contract award date, but no more than 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.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of clause)

END OF CLAUSES

javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.org

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):

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

The provisions in the table below are incorporated by reference:

Provision Title 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 (RFO DEVIATION)

MAY 2026

52.212-1 Instructions to Offerors–Commercial Products and Commercial Services

(RFO DEVIATION)

MAR 2026

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products

FEB 2021

52.225-2 Buy American Certificate OCT 2022 52.240-90 Security Prohibitions and Exclusions

Representations and Certifications

MAR 2026

Addendum 52.212-1

Instructions to Offerors–Commercial Products and Commercial Services

This addendum replaces the terms "offer" with "quote" within provision 52.212-1 . Paragraph (b), entitled "Submission of Quotes"

Quotes must be submitted via electronic mail only and ALL documents must be in .PDF format.

Quote due on or before: 11am Pacific Standard Time (PST), Monday, November 16, 2026.

The Contractor shall protect the low bed trailer and detachable gooseneck from corrosion, deformation, and all other types of damage during storage, handling, and delivery.

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Damage to the low bed trailer and/or detachable gooseneck prior to final delivery and inspection by the COR shall be repaired and/or replaced at the Contractor’s expense.

Submit via email to: Erma Clark at erma_clark@ios.doi.gov

Quoters shall submit at a minimum:

1. Completed pages 4 and 5 of this document.

2. Technical: Submission of illustration(s), brochure(s), and/or drawing(s) that demonstrates the ability to supply the required products that meets the specifications.

3. Price: Completed Pricing Schedule.

Quoter must quote ALL line items to be considered. A partial quote will not be accepted.

Quoted price must include the manufacturing, assembly, labor, freight, shipping, transportation, and any necessary equipment to supply the required products to FOB destination.

(End of Addendum)

52.212-2 Evaluation – Commercial Products and Commercial Services

(a) Evaluation factors. 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 to evaluate offers:

Factor 1: Technical – Ability to meet the salient characteristics of all required products noted within the specifications. Must be able to meet brand name or ‘equal’ requirements.

If providing ‘equal’ product, it must meet or exceed the characteristics noted within the specifications.

All items must be in new condition. Prototypes, demonstration models, used, or refurbished/remanufactured equipment will not be considered for award.

Factor 2: Past Performance - The quoter’s Contractor Performance Assessment Reporting System (CPARS) record will be reviewed. Those without a record of relevant past performance or for whom information on past performance is not available, the quoter will be rated neutral and shall not have past performance evaluated favorably or unfavorably.

Factor 3: Price – Quoted price will be reviewed for price reasonableness and any instances of unbalanced price using price analysis techniques.

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(b) Options (if applicable). 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. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer 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 provision)

52.252-5 Authorized Deviations in Provisions NOV 2020

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

(b) The use in this solicitation of any provision listed above with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. In accordance with E.O. 14275, the purpose of the Revolutionary FAR Overhaul (RFO) is to amend the Federal Acquisition Regulation (FAR) to ensure that it contains only provisions that are required by statute or that are otherwise necessary to support simplicity and usability, strengthen the efficacy of the procurement system, or protect economic or national security interests.

(End of provision)

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."

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(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 javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') 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 Provisions)

END OF PROVISIONS

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