B08_Attachment_3_-_Clauses__Provisions__Basis_for_Award__Evaluation_Factors.pdf
PDF 282 KB Posted
- Attached to
- SANDY LOOP B. A. R. BROADCAST HERBICIDE, BIG CYPRESS Federal contract opportunity
- Solicitation number
- 140P5126Q0058
About this file
This document is a Department of the Interior (DOI) contract clauses and solicitation provisions document that incorporates standard Federal Acquisition Regulation (FAR) clauses and DOI-specific clauses by reference.
The document establishes the contractual framework for commercial products and services acquisitions under FAR Part 12. Key clauses incorporated by reference address compliance requirements including System for Award Management maintenance, service contract labor standards, employment eligibility verification, and contractor representations regarding debarment, security prohibitions, and tax matters. Payment requirements mandate electronic invoicing through the U.S. Department of Treasury's Invoice Processing Platform (IPP), with contractors required to submit copies of invoices, contract numbers, transaction dates, line item descriptions with unit prices and quantities, and all travel receipts. The contract permits government extension of services for up to six months total under 52.217-8 and contract term extension up to five years six months total under 52.217-9. The Contracting Officer retains sole authority to enter into, terminate, or modify the contract, with a designated Contracting Officer's Representative (COR) responsible for technical monitoring but explicitly prohibited from modifying contract terms, waiving delivery schedules, terminating work, or obligating payment. Evaluation criteria for award emphasize technical capability (demonstrating project understanding, expertise, staffing approach, and schedule), past performance (assessed through quality and relevance of prior similar contracts), and price, using comparative evaluation without formal scoring. Solicitation provisions require offerors to submit proposals by specified deadlines identifying their unique entity identifier, qualifications, and full agreement with contract terms. Proposals must clearly mark any trade secrets or confidential commercial information for Freedom of Information Act protection.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140P5126Q0058_Amd_0002.pdf | ||
| B09_Amend_02_Clause_Provisions_Award_Basis_0002.pdf | ||
| B09_Amend_02_Price_Schedule_and_SOW_Revision_0002.pdf | ||
| Sol_140P5126Q0058_Amd_0001.pdf | ||
| B09_Amend_01_Attachment_3_-_Clauses__Provisions__Award_Basis__Eval_Factors_0001.pdf | ||
| B09_Amend_01_SOW_Revision_0001.pdf | ||
| B09_Amend_01_RFI_Nos__1-4_0001.pdf | ||
| B08_Attachment_1_-_Statement_of_Work_and_Map.pdf | ||
| Sol_140P5126Q0058.pdf | ||
| B08_Attachment_2_-_Wage_Determination_2015-4545_--_Rev__No__33.pdf |
On GovTribe
Work with this file on GovTribe
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
52.252-2 Clauses Incorporated by Reference. (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR Clauses: www.acquisition.gov/far/part-52
DOI Clauses: www.acquisition.gov/diar/part-1452-solicitation-provisions-and-contract-clauses
Revolutionary FAR Overhaul Clauses: www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
(End of clause)
Clauses Incorporated by Reference
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
52.204-13 System for Award Management Maintenance. (DEVIATION MAR 2026)
52.204-14 Service Contract Reporting Requirements (DEVIATION MAR 2026)
52.204-19 Incorporation by Reference of Representations and Certifications (DEVIATION MAR 2026)
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEVIATION MAY 2026)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (DEVIATION MAY 2026)
52.212-4 Terms and Conditions—Commercial Products and Commercial Services. (DEVIATION MAR 2026)
52.217-5 Evaluation of Options (JUL 1999)
52.219-6 Notice of Total Small Business Set-Aside (DEVIATION JAN 2026)
52.219-28 Post-Award Small Business Program Representation (DEVIATION JAN 2026)
52.222-3 Convict Labor (DEVIATION MAY 2026)
52.222-35 Equal Opportunity for Veterans (DEVIATION MAY 2026)
52.222-36 Equal Opportunity for Workers with Disabilities (DEVIATION MAY 2026)
52.222-37 Employment Reports on Veterans (DEVIATION MAY 2026)
FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (RFO DEVIATION MAY 2026) (E.O. 13496)
52.222-41 Service Contract Labor Standards (DEVIATION MAY 2026)
52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 2014)
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)
52.222-50 Combatting Trafficking in Persons (DEVIATION MAY 2026)
52.222-54 Employment Eligibility Verification (DEVIATION MAY 2026)
52.222-55 Minimum Wages for Contractor Workers under Executive Order 14026 (DEVIATION MAY 2026)
52.222-62 Paid Sick Leave Under Executive Order 13706 (DEVIATION MAY 2026)
52.222-90 Addressing DEI Discrimination by Federal Contractors (DEVIATION APR 2026)
52.225-13 Restrictions on Certain Foreign Purchases (Feb 2021)
52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAR 2026)
52.232-34 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 (OCT 2004)
52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)
52.240-90 Security Prohibitions and Exclusions Representations and Certifications (DEVIATION MAR 2026)
52.240-91 Security Prohibitions and Exclusions (DEVIATION MAR 2026)
52.242-13 Bankruptcy. (JUL 1995)
52.242-15 Stop-Work Order. (AUG 1989)
52.242-17 Government Delay of Work. (APR 1984)
52.244-6 Subcontracts for Commercial Products and Commercial Services (DEVIATION MAY 2026)
52.245-1 Government Property (SEP 2021)
52.245-9 Use and Charges (APR 2012)
Clauses Incorporated by Full Text
52.217-8 Option to Extend Services (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days.
(End of clause)
52.217-9 Option to Extend the Term of the Contract (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years 6 months.
52.252-6 Authorized Deviations in Clauses. (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.
(b) The use in this solicitation or contract of any Department of the Interior Regulation (48 CFR 14) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.
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, 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.
(End of clause)
1452.204-70 Release of Claims (JUL 1996)
After completion of work and prior to final payment, the Contractor shall furnish the Contracting Officer with a release of claims against the United States relating to this contract. The Release of Claims form (DI-137) shall be used for this purpose. The form provides for exception of specified claims from operation of the release.
(End of clause)
DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (February 2021)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
1. A copy of the Contractor¿s invoice, to include the finalized OF-286 invoice from the incident.
2. The contract number.
3. The invoice number.
4. Dates of transactions.
5. A description of the line items being bille
6. The unit prices for each line item.
7. Quantities for each line item.
8. Total amount of each line item.
9. Overall invoice total.
10. All receipts for travel (meals, lodging, transportation).
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)
Solicitation Provisions
52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
FAR Provisions: www.acquisition.gov/far/part-52 DOI Provisions: www.acquisition.gov/diar/part-1452-solicitation-provisions-and-contract-clauses Revolutionary FAR Overhaul Provisions: www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-52
(End of provision)
Provisions Incorporated by Reference
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2024)
52.203-17 Contractor Employee Whistleblower Rights (NOV 2023)
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements— Representation (JAN 2017)
52.204-7 System for Award Management (DEVIATION MAR 2026)
52.204-9 Personal Identity Verification of Contractor Personnel (DEVIATION MAR 2026)
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (RFO DEVIATION MAR 2026) (Pub. L.
109-282) (31 U.S.C. 6101 note).
52.209-12 Certification Regarding Tax Matters. (OCT 2020)
52.240-90 Security Prohibitions and Exclusions Representations and Certifications (DEVIATION MAR 2026)
52.219-1 Small Business Program Representations (DEVIATION MAY 2026)
Provisions Incorporated by Full Text
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (RFO DEVIATION
MAY 2026)
As prescribed at 9.104-7(b), insert the following provision:
Information Regarding Responsibility Matters (MAY 2026)
(a) Definitions. As used in this provision—
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means—
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in–
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
(End of provision)
52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. (DEVIATION MAR 2026)
(a) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. As a minimum, offers shall include—
(1) The solicitation number;
(2) The name, address, telephone number of the Offeror;
(3) The Offeror’s Unique Entity Identifier (UEI) and, if applicable, Electronic Funds Transfer (EFT) indicator;
(4) Information necessary to evaluate the factors contained in the provision at 52.212-2 or as described in the solicitation;
(5) Responses to provisions that require Offeror completion of information, representations, and certifications (other than those collected via the System for Award Management (SAM)); and
(6) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and any solicitation amendments.
(b) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(c) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers and any modifications or revisions to the Government office designated in the solicitation by the time specified in the solicitation.
(2) Any offer, modification, or revision received after the time specified for receipt of offers is “late” and will not be considered unless it is received before award is made and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. However, a late modification of an otherwise successful offer that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted.
(3) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(4) Offerors may withdraw their offers by written notice to the Government received at any time before award.
(d) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms. However, the Government reserves the right to conduct discussions, if necessary. The Government may reject any or all offers if such action is in the public interest, accept other than the lowest offer, and waive informalities and minor irregularities in offers received.
(e) Debriefings. If a postaward debriefing is given to requesting Offerors, the Government will disclose the following information, if applicable:
(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed Offeror’s offer.
(2) The overall evaluated cost or price and technical rating of the successful Offeror and the debriefed Offeror and past performance information on the debriefed Offeror.
(3) The overall ranking of all Offerors when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award.
(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful Offeror.
(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether the agency followed source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities.
(End of provision)
Addendum to 52.212-2 Evaluation—Commercial Products and Commercial Services. (DEVIATION MAR 2026)
(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror (Quoter) 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:
Basis for Award (Comparative Evaluation)
1. General:
The Government will award a purchase order resulting from this solicitation to the responsible quoter whose quote is most advantageous to the Government, price and evaluation factors identified below. This acquisition is being conducted under the Acquisition of Commercial Products and Commercial Services of FAR Part 12.
2. Evaluation Process:
In accordance with FAR 12.203(c)(2) (FAR Overhaul - Part 12 | Acquisition.GOV) the Government will perform a comparative https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-12#FAR_Subpart_12_2 evaluation of quotes. A comparative evaluation is defined as the act of comparing one quote to another in a side-by-side fashion.
• No Formal Scoring: The Government is not required to use formal evaluation plans, precise weighting, or adjectival scoring
(e.g., "Excellent" or "Blue").
• Direct Comparison: IAW FAR 12.203(b), Quotes will be compared against one another to determine which provides the best value. The Government will use their professional business judgment to determine if a quote’s technical superiority or more favorable terms (e.g., faster delivery, longer warranty) justifies a higher price.
• Price Consideration: The Government may make an award to other than the lowest priced quote if it is determined to provide the best value, or no award at all. The Government may conduct a price analysis at any point during the evaluation to assist in determining a best value at a fair and reasonable price.
• Quote Evaluation Approach: IAW FAR 12.203(c) and (c)(1) Quotations evaluated in an efficient and minimally burdensome fashion. Government will consider all quotations or offers that are received timely.
3. Evaluation Factors:
The following factors will be used to evaluate quotes and quotes must first meet the minimum technical requirements to be considered for award:
• Technical Capability: Ability to meet the specifications in the Statement of Work. (narrative response of no longer than 10 pages).
(A) Technical approach narrative must demonstrate the offeror’s understanding of the project requirements, the scope of work, and the contract documents. Identify and address the specific needs and unique requirements for the scope, location, and schedule of this project.
(B) Demonstrate necessary expertise, licensing, certification, or other documentation and rationale to complete the contract requirements.
(C) Demonstrate understanding of how to organize, staff, and manage the contract, as well as the means and methods that will be used to accomplish the contract requirements.
(D) Demonstrate an understanding of project requirements for safety, sustainability, energy efficiency and risk management.
(E) Provide a schedule to show how work described in the SOW will be completed within the Period of Performance.
• Past Performance: Past performance will be evaluated to assess the level of confidence the Government has that the offeror will be successful in performing the tasks outlined for this effort in the SOW based on the extent to which an offeror has successfully performed and managed contracts, similar in nature to this acquisition. The recency and relevance of past performance, source of information, context of the data, and general trends in performance will be considered. The Government will consider performance quality of the offeror’s past performance by determining how well the contractor performed to establish a qualitative overall risk assessment rating for the past performance factor. Other Sources of Information. In evaluating past performance, the Government may consider data provided by the quoter, as well as, past performance data on other projects obtained from other available sources, such as the Contractor Performance Assessment Reporting System (CPARS), the System for Award Management (SAM) or other Government databases; interviews with COs, Contracting Officer’s Representatives (CORs), and/or Project Inspectors with specific knowledge of the quoter’s performance to conclude general trends in the quality of work in the quoter’s performance record. While the Government may consider all available information and sources, the burden to provide complete, recent, and relevant past performance information rests with the quoter. If a performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned, a neutral confidence rating will be assessed.
Provide past performance references can include the following information:
1. Name of Project
2. Location of Project
3. Contract Number
4. Period of Performance
5. Total cost for Project
6. Name of Agency/Entity
7. Point of Contact for Agency/Entity (including Phone & Fax Numbers)
8. Complete and thorough description of services performed Description should include specifics about the scope of projects completed.
• Price: Total evaluated price.
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 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.
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 Department of the Interior Acquisition Regulation (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
File details come from the government source that posted it. Updated .