B08_-_140E0122Q0054.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

0010323465 CODE 16. ADMINISTERED BYCODE

X

X

X

721110

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORE10

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/01/2022 1100 ES

05/19/2022

7037871831Darren Ho (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140E0122Q0054

5. SOLICITATION NUMBER

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

1 280040577880OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Sterling VA 20166-9216 45600 Woodland Road, VAE-ORP BSEE Offshore Safety Improve Br

15. DELIVER TO

Sterling VA 20166-9216 45600 Woodland Road, VAE-AMD

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$35.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BSEE-Sterling ACQ Ops Branch

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Bureau of Safety and Environmental Enforcement (BSEE) intends to solicit a Request for Quote (RFQ) for the National Inspectors Meeting.

Period of Performance: 10/25/2022 to 10/28/2022

00010 National Inspectors Meeting Product/Service Code: X1AB Product/Service Description: LEASE/RENTAL OF Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

Darren Ho

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

CONFERENCE SPACE AND FACILITIES

Delivery: 11/30/2022

FOB: Destination

Period of Performance: 10/01/2022 to 11/30/2022

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

282 of

Page 3/28 140E0122Q0054 National Inspectors Meeting 2022

SECTION 1

PRICING

1.1 GENERAL INFORMATION

The Contractor shall provide the facilities and services detailed in Section 2, Statement of Work (SOW), in support of the National Inspectors’ Meeting, hereafter referred to as the “meeting”, at the pricing specified in each contract line-item number (CLIN) detailed below.

1.2 CONTRACT LINE ITEM/PRICING

The specific details and description of the CLINs are detailed below.

CLIN 0001 is a Firm-Fixed-Price CLIN.

CLIN 0001 – Meeting Rooms - Firm-Fixed-Price (FFP)

CLIN DESCRIPTION

TOTAL

FIRM FIXED PRICE

0001a Meeting Rooms, four (4) days $TBD 0001b Light Refreshments $TBD 0001c Audio Visual Equipment and Business Center Services $TBD CLIN 0001 FFP Total *$TBD

TOTAL: $*TBD____

1.3 TAX EXEMPTION

The Bureau of Safety and Environmental Enforcement (BSEE) is a bureau of the U.S.

Department of the Interior and, as such, is exempt from most taxes. The unit prices shall be inclusive, meaning that they include federal, state, and local taxes from which BSEE is NOT exempt. In addition, these prices shall include all other fees, such as service charges or gratuities, if applicable.

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National Inspectors Meeting 2022

STATEMENT OF WORK

SECTION 2

2.1 PURPOSE:

The Bureau of Safety and Environmental Enforcement (BSEE), Office of Offshore Regulatory Programs (OORP), has a requirement for meeting space for the BSEE National Inspectors’ Meeting to be held in the Lafayette, Louisiana area for four (4) days, October 18-21, 2022 or October 25-28, 2022.

2.2 SCOPE OF WORK

The Contractor shall provide the facilities and services necessary to perform the requirements of this Statement of Work. These services include providing meeting rooms, refreshments, audio-visual equipment, and business center services. The Contractor shall provide the facilities for meetings, functions, and services at the same location.

2.3 MANDATORY REQUIREMENTS

2.3.1 The Contractor shall be compliant with the Hotel and Motel Fire Safety Act of 1990 15 U.S.C. 2201 et seq. (Public Law 101-391), and must hold a Federal Emergency Management Agency certification number;

2.3.2 The Contractor shall be compliant with the Americans with Disabilities Act, 42 U.S.C. 12101 et seq. (ADA);

2.3.3 The Contractor shall have one of the following quality ratings:

First class or higher per the Official Hotel Guide;

Three Crowns or higher per the OAG Business Travel Planner;

Three diamonds or higher per AAA

2.4 MEETING SPACE

The Contractor shall provide one (1) large meeting room (Main Conference Room) and two (2) breakout session rooms based on the meeting schedule for three (3) eight (8) hour days and one

(4) hour day. The Contractor shall grant the COR/Designee access to the contracted meeting space on the afternoon prior to the meeting start date, to oversee room set up and test audiovisual services.

2.4.1.1 Main Conference Room: The Contractor shall provide a main conference room with classroom style seating for 200 participants. Each individual table must be at least 8 feet in length and 30” wide and comfortably seat 3 participants per 8 foot table.

One (1) panel discussion table shall be positioned at the front of the room with seating for four (4) persons. The podium should be positioned to the right of the table. Two (2) or

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National Inspectors Meeting 2022 three (3) screens (as dictated by room size and configuration) for PowerPoint presentations should be positioned so that all participants can see presentations;

Depending on the dimensions and layout of the main conference room, tables and chairs shall be arranged in rows with either, one (1) center aisle or two (2) aisles to allow safe egress for all attendees;

If arranged with one (1) center aisle, two (2) wireless handheld microphones with floor stands shall be placed in the center aisle with one (1) floor microphone each near the front and rear of the aisle for audience participation;

If arranged with two (2) aisles, one (1) wireless handheld microphone with floor stand shall be placed near the center-most point of each aisle for audience participation;

Two to three (2-3) tables with two (2) chairs each will be located outside the main conference room to be used for attendee registration. BSEE personnel will staff the registration tables. Registration will begin at 7:00 a.m. on each day of the meeting and remain open at BSEE’s discretion; and

Contractor shall provide four (4) easels in proximity to the meeting space. One (1) easel will be located near the registration table and used for BSEE-provided class schedules, etc. One (1) easel shall be located near the lobby or front entrance and placed in an area and manner to be easily seen by arriving attendees. This easel will display signage used to identify the meeting and for directional purposes. Two (2) easels will be placed inside the main conference room. The contractor will permit BSEE to relocate the easels within the contracted meeting space as needed.

2.4.1.2 Breakout Session Rooms: The Contractor shall provide two (2) breakout session rooms with classroom style seating for 50-60 participants. Each individual table must be at least 8 feet in length and 30” wide and comfortably seat 3 participants per 8 foot table per room and include the following:

Depending on the dimensions and layout of the breakout session rooms, tables shall be arranged in rows with, one (1) center aisle.

2.4.2 Confirmation of Program: The COR/Designee will provide the Contractor with a tentative program 20 calendar days before the meeting start date; and a confirmed program will be provided 15 calendar days before the meeting start date. The tentative and confirmed programs will include the Forum’s final agenda, illustrating the estimated start and stop time for each session in increments of as little as 15 minutes.

2.4.3 Confirmation of Assigned Rooms: Based on the attendance figures and room setup style provided by the COR/Designee, the Contractor will confirm the meeting room assignments within five (5) calendar days of receipt of the confirmed program (see 2.4.2 Confirmation of Program).

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National Inspectors Meeting 2022

2.4.4 Reassignment of Rooms: The Contractor may reassign room(s) specified in the schedule on a 24-hour basis (12 midnight to 12 midnight) unless the COR/Designee releases the space hold back to the Contractor.

2.4.5 Change in Function Time: The COR/Designee may, with the Contractor’s approval, adjust a function start and end time (For example: A meeting session originally scheduled from 9:00 a.m. to 10:30 a.m. may be changed to start at 10:00 a.m. and end at 11:30 a.m.).

2.4.6 BSEE Signage: The BSEE may display signs in and around the meeting space blocked for BSEE use. The Contractor shall provide easels for up to four (4) signs.

2.5 AUDIO VISUAL EQUIPMENT AND BUSINESS CENTER SERVICES

The Contractor shall provide audiovisual equipment and business center services as detailed below. The COR/Designee reserves the right to bring laptop computers into the contracted facility meeting space.

2.5.1 Main Conference Room Audio Visual Equipment: The Contractor shall provide audiovisual equipment for the main conference session as follows:

2.5.1.1 The Contractor shall provide a podium, with powered speaker and wired microphone.

2.5.1.2 The Contractor shall provide a podium wireless lapel microphone and speaker option.

2.5.1.3 The Contractor shall provide a podium laser pointer.

2.5.1.4 The Contractor shall provide a podium wireless control to advance PowerPoint Presentation slides.

2.5.1.5 The Contractor shall provide one (1) working LCD projector package with powers cords and cables to connect to a standard laptop; the laptop will be provided by BSEE. The projector package shall include two (2) or three (3) screens that are 10-foot or larger (as dictated by room size and configuration) for PowerPoint presentations. Screens shall be positioned and sufficiently illuminated so that all participants can see presentations.

2.5.1.6 The Contractor shall provide two (2) flipchart packages to include the stand, writing pad, and colored markers.

2.5.1.7 The Contractor shall provide two (2) table microphones for placement on one (1) panel discussion table located to the left of the podium and two (2) wireless lapel microphones.

2.5.1.8 The Contractor shall provide two (2) wireless handheld microphones, with floor stands for audience participation.

2.5.1.9 The Contractor shall provide a Polycom Viewstation or its equivalent for video

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National Inspectors Meeting 2022 conferencing capabilities, if needed.

2.5.2 Breakout Session Room Audio Visual Equipment: The Contractor shall provide audiovisual equipment for each breakout room as follows:

2.5.2.1 The Contractor shall provide a podium, with powered speaker and wired microphone.

2.5.2.2 The Contractor shall provide a podium wireless lapel microphone and speaker option.

2.5.2.3 The Contractor shall provide a podium laser pointer.

2.5.2.4 The Contractor shall provide a podium wireless control to advance PowerPoint Presentation slides.

2.5.2.5 The Contractor shall provide a one (1) table microphone for placement on one (1) panel discussion table located to the left of the podium and one (1) wireless lapel microphone.

2.5.2.6 The Contractor shall provide one (1) working LCD projector package with powers cords and cables to connect to a standard laptop; the laptop will be provided by BSEE. The projector package shall include one (1) or two (2) screens that are 10-foot or larger (as dictated by room size and configuration) for PowerPoint presentations. Screens shall be positioned and sufficiently illuminated so that all participants can see presentations.

2.5.2.7 The Contractor shall provide one (1) flipchart package to include the stand, writing pad and colored markers).

2.5.3 Internet Access: The Contractor shall provide access to reliable internet service within the contracted meeting space during the set-up activities and designated meeting hours.

2.6 LIGHT REFRESHMENTS (Incidental to this Meeting)

The Contractor shall provide light refreshments three (3) times daily (early morning, mid-morning and mid-afternoon) as follows:

2.6.1 All light refreshment services shall be located in areas accessible to individuals with disabilities (e.g. wheelchair-accessible).

2.6.2 The Contractor shall provide light refreshments (i.e., a mixture of danishes, muffins, fruit, and freshly brewed regular and decaffeinated coffee, tea and assorted fruit juices) at 7:30 a.m.

each day of the meeting. Light refreshments shall be left in the area through the mid-morning break.

2.6.3 The Contractor shall provide light refreshments during the mid-morning break (i.e., refresher regular and decaf coffee, hot and ice tea, water, and ice) estimated to be between 9:30 a.m. and 10:30 a.m.

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National Inspectors Meeting 2022

2.6.4 The Contractor shall provide light refreshments during the mid-afternoon break (i.e., sodas, bottled water, cookies/brownies or fruit and ice water, etc.) estimated to be between 2:00 p.m.

and 3:00 p.m.

2.7 DELIVERABLES

The Contactor shall provide confirmation of meeting rooms and services that are requested by the COR/Designee. The confirmations will be in the format agreed upon by the Contractor and the COR/Designee.

2.8 EVENT COORDINATOR

The Contractor shall provide an experienced event coordinator to serve as a single point of contact (POC) for the coordination of all the meeting activities. The Contractor shall also designate a qualified alternate POC in the event the event coordinator is absent.

2.9 CONTRACTOR QUALITY CONTROLS

The Contractor shall have quality controls in place to ensure rooms and services conform to the requirements of the SOW. The Contractor shall maintain substantiating evidence, when requested, that the rooms and services conform to quality requirements, and shall furnish such information to BSEE if requested.

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National Inspectors Meeting 2022

SECTION 3

ORDER TERMS AND CONDITIONS

3.1 TYPE OF ORDER

This is a firm-fixed-price (FFP) Purchase order.

3.2 PERIOD OF PERFORMANCE

The period of performance is from date of award through 28 October 2022. The meeting shall be held for four (4) days, October 18-21, 2022 or October 25-28, 2022.

3.3 PLACE OF PERFORMANCE

The place of performance is the Contractor’s facility located within the statistical area of Lafayette, Louisiana.

3.4 ADMINISTRATIVE POINTS OF CONTACT

Contracting Officer (CO) Darren Ho U.S. Department of the Interior Bureau of Safety and Environmental Enforcement (BSEE) Acquisition Operations Branch 45600 Woodland Road, VAE-AMD Sterling, VA 20166-9216 Email: Darren@bsee.gov

Contracting Officer’s Representative (COR)

To be determined at time of award

3.5 INVOICING REQUIREMENT

Invoices shall be submitted at the end of the period performance in accordance with 3.5.1 below.

The Contractor shall send a copy of the invoice required below to the Contracting Officer after submission via IPP.

3.5.1 DIAPR 2011-04 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

- INTERNET PAYMENT 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

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National Inspectors Meeting 2022 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:

Documentation required by FAR 32.905(b)

Itemized ODC charges under CLIN 0002 that were obtained by the BSEE with supporting documents

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 Boston (FRBB) 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 ippgroup@bos.frb.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.

3.6. DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, Page 11/28

National Inspectors Meeting 2022 with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

3.7 FEDERAL ACQUISTION REGULATION CLAUSES

3.7.1 FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/far/ . The following clause is incorporated by reference:

52.212-4 Contract Terms and Conditions- Commercial Items (Oct 2018) 52.212-4 Contract Terms and Conditions – Commercial Items (Jan 2017)

– Alternate I 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial

Products and Commercial Services) (JAN 2022) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) 52.232-23 Assignment of Claims (MAY 2014)

3.7.2 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2022)

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(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509)).

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

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_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L.

111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite- Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV

2021) ( 31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP

2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

__ (14) X (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15)

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

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT

2018) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) ( 15 U.S.C. 637(d)(4)).

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__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (18)

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

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) ( 15 U.S.C. 657f).

__ (22) X (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP

2021) ( 15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women- Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN

2022) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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__ (30) X (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (31) X (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

__ (32) X (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

__ (35) X (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and

E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O.

13627).

__ (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

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__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47)

(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (NOV 2021) ( 41 U.S.C. chapter 83).

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV

2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

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__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN

2017) ( 15 U.S.C. 637(d)(13)).

__ (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Labor Standards (AUG

2018) ( 41 U.S.C. chapter67).

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

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG

2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O.

13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of

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National Inspectors Meeting 2022 award of this contract, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) ( 41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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(v) 52.219-8, Utilization of Small Business Concerns (OCT

2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph

(f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG

2018) ( 41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and

E.O 13627).

(B) Alternate I (MAR 2015) of 52.222- 50 ( 22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May2014) ( 41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services- Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

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

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

13706).

(xix)

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN

2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

3.8 CONTRACTOR’S TECHNICAL QUOTATION

The Contractor’s technical quotation dated xx May 2022 is hereby incorporated by reference into the award. Any inconsistencies or in the event of a discrepancy or conflict between the terms and conditions of the award and the contractor’s quotation arise, the award terms and conditions shall take precedence.

SECTION 4

QUOTATION SUBMISSION INSTRUCTIONS

4.1 FAR 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

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National Inspectors Meeting 2022 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 address:

https://www.acquisition.gov/far/ . The following provision is incorporated by reference:

FAR 52.212-1 Instructions to Offerors- Commercial Items (Oct 2018)

4.2 FAR 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (NOV 2021)

In accordance with FAR 52.212-3, this provision provides a single, consolidated list of representations and certifications for the acquisition of commercial items and is attached to the solicitation for offerors to complete (Attachment 4). The offeror shall submit this attachment with their quotation submission (reference Section 4.3). An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of the provision.

4.3 THIRD PARTY SUBMISSIONS

If you submit a quote on behalf of a venue, the following documentation must be submitted with the quote:

(1) Signed agreement between you and the director of sales or sales manager of the venue that states that you, the third party, are authorized to submit a quote on behalf of the venue. It must state that you, the third party, are not an agent of the Bureau of Ocean Energy Management.

(2) The following statement signed by the director of sales or sales manager of the venue – "I, (name)_____________, the (title) ____________ of (venue) ________________ have read this entire RFQ and agree to the terms and conditions of this RFQ."

4.4 QUOTATION PREPARATION INSTRUCTIONS

Quotations shall be submitted in two (2) volumes (Technical Submission and Price Submission) as detailed below. Failure to comply with these instructions, in either format or content, may lead to the rejection of a quotation.

Volume 1, Technical Submission shall include following:

Attachment 1 Suitability Determination:

Complete and submit this attachment.

The offeror shall also attach the meeting room floor plans, etc., and evidence of hotel’s current rating.

Attachment 2 Past Performance Reference Information Form:

Complete and submit this attachment. The offeror shall submit three (3) references that have experience with your hotel during the past

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National Inspectors Meeting 2022 three (3) years. References should have requirements similar to BSEE’s requirement (e.g. used multiple meeting rooms on multiple days, blocked and used guest rooms, utilized on-site AV company, utilized other hotel services). For each reference provide a point of contact, telephone number, email, and brief description of their requirement.

Volume 2, Price Submission shall include the following:

Attachment 3 Price Submission: Complete and submit this attachment. The offeror shall also submit published price lists as applicable for any room rates, refreshment pricing, and audiovisual pricing.

Attachment 4 Offeror Representations and Certifications-Commercial Items:

Complete and submit this attachment.

Note: If the Offerror submits a quote on behalf of a venue, the documentation detailed in Section 4.3 must submitted with the quote as an attachment.

4.5 QUESTIONS DUE DATE

Questions regarding this solicitation must be submitted before May 25, 2022 at 11:00 a.m.

EST via email to Darren Ho at Darren Ho@bsee.gov. Questions will not be answered via telephone.

4.6 QUOTATION DUE DATE

Quotations submitted in response to this RFQ shall be received by the due date and time established herein. Quotes shall be submitted no later than 11:00 A.M. EST, May 27, 2022 via email to Darren.Ho@bsee.gov to be considered for award. Phone calls are strongly discouraged.

4.7 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

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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.