B08_SOL_-_140D0423Q0806_(20230615)_(Final).pdf

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CODE 18a. PAYMENT WILL BE MADE BY

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FACILITYCODE

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

OFFEROR

D51

HERNDON VA 20170

Suite 2000A

381 ELDEN STREET

IBC, AQD, Dv5, Br1, VA

0008351437 CODE 16. ADMINISTERED BYCODE

X

711510

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORD51

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/30/2023 1700 ES

06/16/2023

15713705702Stephen Dennis (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140D0423Q0806

5. SOLICITATION NUMBER

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

1 2 0040623721OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Washington DC 20240-0001 1849 C St NW Ste 2607

DOI OFC OF PROP & ACQ MGMT

15. DELIVER TO

Herndon VA 20170 Suite 2000A 381 Elden Street

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$9

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DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

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IBC,AQD,Dv5,Br1,VA

WOMEN-OWNED SMALL BUSINESS

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SMALL BUSINESS PROGRAM

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AMOUNT

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UNIT PRICE

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UNIT

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QUANTITY

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SCHEDULE OF SUPPLIES/SERVICES

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ITEM NO.

Suggested Buyer/CO: STEPHEN DENNIS Header Text:

Interior Musuem seeks exhibition design services to develop the conceptual exhibition design for a museum exhibit of 100 baskets to be displayed in six exhibit cases and graphic design of major text panels and wall graphics.

Delivery: 06/14/2024 Period of Performance: 08/01/2023 to 06/14/2024

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Stephen Dennis

. 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

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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

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STANDARD FORM 1449 (REV. 2/2012) BACK

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ITEM NO.

00010 Museum Exhibit Design Services 1 EA

Product/Service Code: R499

Product/Service Description: SUPPORT-

PROFESSIONAL: OTHER

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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SECTION I - Introduction

1. General The U.S. Department of the Interior (DOI) plans to award a firm-fixed-price purchase order to develop the conceptual exhibition design for Twined, Plaited, & Coiled: Native American Basketry Highlights from the Interior Museum’s Collection. The Interior Museum is seeking the services of a museum exhibition design specialist (the contractor) to provide professional, non-personal exhibition design services. Interior Museum staff has created a thematic outline and made object selections of 90-100 baskets and associated materials from the Interior Museum’s collection; loans from other collections may also be included.

Design work is needed for object layout within exhibit cases, as well as graphic design of approximately twelve (12) major text/graphic panels, one (1) large-scale wall map graphic, two (2) flipbooks, five (5) or fewer vinyl-lettered wall quotations, and possible props.

The contractor will perform all design work at their facility with their own equipment. The contractor will deliver all finished products to the Interior Museum in a digital PDF format.

The contractor will deliver production files to fabricators/printers in an agreed-upon digital format. The contractor will utilize an industry-standard design software to create drawings of the exhibition that are to-scale. The contractor will submit deliverables for review and revision at 35%, 65%, and 95% completion prior to 100% submittal. The contractor is not an employee of DOI.

This RFQ is a set aside for Small Business concerns using NAICS code 711510. The Government intends to issue a delivery order using the procedures set forth under FAR part 12.

Quotations must be submitted directly to the Contracting Officer (CO), Stephen Dennis at Stephen_dennis@ibc.doi.gov no later than the due date shown on page one of this RFQ.

2. Anticipated RFQ Timeline:

Activity Approximate Date

Issue RFP June 16, 2023 Receive Proposal June 30, 2023 Tentative Award Date July 31, 2023 Start Work August 1, 2023 or as otherwise agreed

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

SECTION II – Supplies and Price

The following Contract Line Item Number (CLIN) depicts the required support.

Table A – CLINs and Pricing CLIN Description QTY Unit of

Issue Unit Price Total

Amount 0010 Exhibit Design 1 EA $ $

Offerors are required to fill in the Unit Price and Total Amount columns sections in Table A.

This line item is FFP.

Period of Performance

Final design and delivery shall be accomplished by the date listed in section 11 of the Statement of Work (SOW)

SECTION III – Statement of Work

Department of the Interior Museum Exhibit Design

Twined, Plaited & Coiled: Native American Basketry Highlights

1. GENERAL INFORMATION

1. Introduction The U.S. Department of the Interior (DOI) plans to award a firm-fixed-price purchase order to develop the conceptual exhibition design for Twined, Plaited, & Coiled: Native American Basketry Highlights from the Interior Museum’s Collection. The Interior Museum is seeking the services of a museum exhibition design specialist (the contractor) to provide professional, non-personal exhibition design services. Interior Museum staff has created a thematic outline and made object selections of 90-100 baskets and associated materials from the Interior Museum’s collection; loans from other collections may also be included.

Design work is needed for object layout within exhibit cases, as well as graphic design of approximately twelve (12) major text/graphic panels, one (1) large-scale wall map graphic, two (2) flipbooks, five (5) or fewer vinyl-lettered wall quotations, and possible props.

The contractor will perform all design work at their facility with their own equipment. The contractor will deliver all finished products to the Interior Museum in a digital PDF format. The contractor will deliver production files to fabricators/printers in an agreed-upon digital format. The contractor will utilize an industry-standard design software to create drawings of the exhibition that are to-scale. The contractor will submit deliverables for review and revision at 35%, 65%, and 95% completion prior to 100% submittal. The contractor is not an employee of DOI.

2. Terminology A. United States Department of the Interior (DOI) B. Contracting Officer (CO) C. Contracting Officer’s Representative (COR) D. Statement of Work (SOW) E. Interior Collections Management System (ICMS)

3. Background Museum: The Interior Museum is located within the U.S. Department of the Interior Stewart Lee Udall Building located at 1849 C Street NW, Washington, DC 20240. Since 1938, the Interior Museum’s mission has been to inspire and educate “the public and Department employees about the current missions and programs of the Department, the history of the Department, and the art and architecture of its headquarters building in Washington, D.C.” The Museum presently has two permanent exhibitions: People, Land, and Water which serves as an introduction to DOI’s history and its current mission; and Thomas Moran & the Big Picture which highlights two seminal Moran paintings in the Museum’s collection.

Exhibition: Twined, Plaited & Coiled: Native American Basketry Highlights from the Interior Museum’s Collection is an exhibition that will display 90-100 Native American-made baskets. The selected baskets illustrate the artistry and skill involved in their creation, as well as their various uses over time. Additional focus is placed on the natural materials available in represented regions across the United States. This exhibition was scheduled to open in the summer of 2020, but it was put on hold. Some preparations continued during the intervening years. A hand-drawn layout was created, and object mounts were made based on this drawing. A preliminary list of case furniture was created, but no fabrication occurred. The Museum would like to make use of these mounts as much as possible, while incorporating new design.

Gallery: The exhibition will be presented in the Interior Museum’s newly renovated Changing Gallery, located within the DOI Stewart Lee Udall Building. The gallery space is approximately 750 square feet. The Museum intends to utilize six (6) custom exhibit cases that are permanently affixed (see images) and three (3) temporary cases (each for a single item). The Museum has numerous temporary, “stand-alone” cases that can be moved into the gallery and used as needed. The gallery has two (2) ledges to accommodate flipbooks (next to the large wall cases), and a ledge for items such as tactile props. There is available wall space for graphics and other design elements.

Cases: The six (6) permanent cases in the Changing Gallery were custom fabricated (completed in 2022) to match the historic look of the casework that was original to the Museum in the late 1930s.

Four (4) of the cases are recessed into the wall and two (2) of the cases are on pedestals affixed to the floor. All have hinged doors to provide access. All six (6) cases have linen-wrapped decks, as well as aluminum trim designed to mirror the historic cases. The two (2) pedestal cases have a historic granite and marble trim around the base. Additionally, the museum has 28 temporary cases, that can be utilized as needed.

i.Cases 1 and 2: 12.75” L x 57.25” W x 54” H; Deck 11” L x 92.75” W

• Internal case lighting on horizontal tracks across case ceiling and vertical tracks inset of the door opening

• Recessed tracks for movable shelving; the Museum has linen wrapped Komacel shelfing available in various sizing ii.Cases 3 and 4: 26.75” L x 51” W x 46.25” H; Deck 25.5” L x 50.25” W

• Internal case lighting on horizontal tracks across case ceiling only iii.Cases 5 and 6: 40.5” L x 93” W x 77.5” H; Deck 40.25” L x 92.75” W

• Internal case lighting on horizontal tracks across case ceiling and vertical tracks closest to door

• Arakawa tracks are recessed in the ceiling and floor of the casePage Break

4. Scope of Work The contractor will use industry standard design software to develop the conceptual exhibition design for Twined, Plaited, & Coiled: Native American Basketry Highlights from the Interior Museum’s Collection. Object layout is needed for 90-100 baskets within six (6) permanent exhibit cases; the Museum has 28 temporary exhibit cases that may be utilized. Graphic design is needed for approximately twelve (12) major text/graphic panels, one (1) large-scale wall map graphic, two (2) flipbooks, and five (5) or fewer vinyl-lettered wall quotations. The contractor may also propose the design of 3D props. To decrease the need for changes to existing object mounts, the contractor should consider the use of existing mounts where feasible.

A. Aesthetic Design Elements: The contractor will collaborate with the COR and DOI museum staff to establish the design aesthetic for the exhibition. The contractor will propose a palette of fonts and colors to be utilized on graphic elements of the exhibition. All surfaces within the permanent exhibit cases are painted with Benjamin Moore, North Hampton Beige AC 38 (eggshell finish) and will have a uniform appearance. The decks of each case and the movable shelving in cases 1 and 2 are all wrapped in unbleached Airplane Linen. The walls of the gallery are painted BEHR True Taupewood – PPU24-09 (eggshell finish). The vendor may propose “accent” wall colors as part of the design concept. The contractor’s color scheme will take current colors into account and create a palette that is aesthetically compatible.

B. Accessible Design: To accommodate visitors of all abilities, the contractor’s design will account for accessibility features to the extent possible, as agreed upon between the COR and contractor. For instance, objects and labels must be visible to people who are seated and regardless of a person’s standing height.

C. Structural Stability: All design elements will be created with object safety as the paramount principle. The design of case furnishings and the introduction of new mounts or mount locations will be coordinated and approved by staff. The designer will work with a detailer as needed to ensure that design features are viable and can be reasonably fabricated.

5. Specific Tasks The contractor will provide the following services:

A. Timeline: Prepare a detailed timeline that outlines the critical path, milestones, and dates for deliverables. The schedule will include, but is not limited to, the following:

i.Kick-off meeting ii.Site visits iii.Coordination and review meetings at 35%, 65%, 95% completion iv.Coordination with fabricators, printers, and installers v.Delivery dates vi.Final presentation date of 100% Design Package (inclusive of all documents) vii.Installation date

B. Progress Meetings: Attend bi-weekly meetings (once every two weeks), beginning after the delivery of the concept package, with the COR to discuss the project status. Meetings maybe virtual via video conferencing or via a phone call. Meetings are intended to be brief opportunities to check-in (10-15 minutes). If more time is needed to discuss a topic in depth, the contractor and COR will arrange a mutually suitable time.

C. Review Meetings: Present major stages of project development at a minimum of three (3) planned meetings with the Museum staff. Meetings may be held either virtually via video conference or in-person with the aid of a video monitor.

D. Collaborative Review: Review the existing exhibition theme and the object list with Museum staff to determine the overarching design approach. This may occur at the Kick-off meeting or another designated time. Additionally, review the existing mounts and specifications for case furnishings. If needed, generate new specifications for case furnishings and mounts, as determined by new design elements.

E. Object Layout: Create a digital layout of objects within the exhibit cases for 90-100 Native American-made baskets and associated materials. Mounts have already been made based on a preliminary layout that was drawn in 2021. Retain existing mounts as best as possible and propose new mounts when necessary to accommodate the design concept.

F. Graphic Design: Design and determine the placement of the following elements:

i.Approximately twelve (12) major text/graphic panels ii.One (1) large wall map (wall space is 101” W x 98” H) iii.Two (2) flipbooks (page number correlates to objects per case) iv.Two to five (2-5) vinyl lettered wall quotations

G. Design Package: The Design Package will consist of digital plans and renderings that illustrate the key components of the exhibit, how these components are integrated with one another, and how the exhibit will be configured. The Design Package will be updated throughout the project to reflect feedback from Museum staff after review meetings.

i. Final Design Package: The final Design Package will be presented to DOI staff either virtually via video conference or in-person with the aid of a video monitor – the contractor will visually present and explain all final documents. Final Design Package will include, but is not limited to, the following items:

• Final color scheme and font selection

• Final floor plans, keyed to schedules and plans

• Final case layouts and case schedule

• Final graphic palette of fonts and colors; final graphic hierarchy

• Final graphics for entire exhibition

• Final graphic elevations

• Final graphic schedule containing all graphics and production techniques

• Final exhibition elevations and details, keyed to schedules and plans

H. Production Files: Create and deliver “print-ready” production files of final digital artwork to fabricators, printers by the dates determined

I. Fabrication/Installation Consultation: Collaborate and troubleshoot/problem solve with fabricators, printers, and installers

6. Deliverables The contractor will deliver all required elements as stated in section 5. Specific Tasks.

A. Documents: The contractor will deliver all required digital files as PDFs via a DOI-specified file-sharing platform (e.g. Teams). The contractor is responsible for delivering all “print-ready” production files to the fabricator and printer in a format that is accepted as an industry standard. The contractor will communicate with the fabricator and printer to determine a mutually acceptable format in which to deliver “print-ready” production files. The design renderings will be created in a software of the contractor’s choice that is considered an industry standard (i.e., SketchUp and AutoCAD), but all files will be converted and delivered to the COR in a PDF file.

The following documents are deliverables:

i.Timeline ii.Concept Package iii.35% Design Development Package iv.65% Design Development Package v.95% Design Development Package vi.100% Final Design Package vii.Production files

B. Meetings: The contractor will attend all scheduled meetings, as agreed upon in advance between the contractor and the COR. If the contractor is unable to attend a scheduled meeting, a request to cancel the meeting will be submitted by the contractor to the COR no later than two (2) business days in advance. Meeting cancellations that are the result of a “force majeure” event and cannot be anticipated with two (2) business days’ notice, will be excused. In the event of any cancellation, it is the contractor’s duty to propose a new meeting time. Rescheduled meetings will occur no later than one (1) week after the original date of the meeting.

C. Work Phases: The contract will be awarded no later than September 2023. The exhibit design must be complete by April of 2024, with an installation date dependent upon the completion of fabrication work. After the contract is awarded, the contractor will begin work on a date that is agreed upon by the contractor and DOI. The detailed schedule outlining the critical path milestones, and delivery dates will be delivered for review to the DOI no later than 14 days after receipt of order. The work phases are outlined as follows:

i. Phase 1 – Concept Design

• Kick-off meeting

• Interior Museum site visit

• Concept Design Package

• Concept Design Presentation

• DOI feedback

ii. Phase 2 – Schematic Design Development 35%

• Design Development Package

• Present Design Development Package to DOI

• DOI feedback

iii. Phase 3 – Design Development 65%

• Continued design development

• Present updates to Design Package to DOI

• Meet with fabricators to review

• Incorporate DOI feedback iv.Phase 4 – Design Development 95%

• Package to include 100% of documentation

• Present Final Design Package

• Production documents v.Phase 5 – Final Design 100% and Installation

• 100% Design Package with final corrections made

• Final graphics review

• Deliver files to fabricators

• Consult/troubleshoot with fabricators

• Exhibit installation consultation and final site visit

7. Government Furnished Property A. Equipment and Software: DOI will not provide any physical equipment or software to complete this project.

B. Documents: Any questions regarding documentation will be submitted to the CO and COR via email. DOI will provide the following documents in a PDF or MS Word format:

i. A complete object list with descriptions, dimensions, available mount, if any, and images (Attached)

ii. The previous hand-drawn case layouts for background information (Provided after award)

iii. The construction drawings for the six (6) custom exhibit cases. See Section 3(d).

(Provided after award)

8. Contractor Furnished Property A. Staff: The contractor may use the services of a subcontractor. The contractor’s staff or sub-contracted staff performing under this contract must remain employees of the contractor and /or subcontractor and will not be considered employees of DOI.

B. Equipment: The contractor will supply all equipment necessary to perform the tasks as specified.

C. Technology: The contractor must supply the technology, computers, and software necessary to complete the tasks in this contract. DOI will not provide cameras, tripods, computers or laptops, software, or access to DOI’s internal network, programs, and platforms.

i. Design Software: The design renderings will be created in a software of the contractor’s choice that is considered an industry standard (i.e. SketchUp and AutoCAD).

D. Supplies, Services and Products: The contractor is responsible for providing all supplies, services, and products required in this contract.

E. Auto Insurance: Auto insurance is required if the contractor will need to bring a vehicle onto DOI property. The contractor will ensure that all parties subcontracted or otherwise hired on behalf of the contractor have auto insurance if they will bring a vehicle onto DOI property.

9. Travel The contractor is required to perform a minimum of two (2) site visits – once during Phase 1 and once during Phase 5. The contractor will schedule all site visits directly with the COR in writing via email. The COR and the contractor will determine a mutually agreeable date a minimum of one (1) calendar week (7 days) in advance of the site visit. If the contractor drives a vehicle and wishes to park in the DOI garage, they will submit all required information to the COR one (1) calendar week (7 days) in advance of the visit. The COR will provide the contractor with a parking permit if the vehicle is cleared for entry by the DOI Office of Facilities and Administrative Service. Parking permits are issued at their discretion.

10. Place of Performance All digital design work will be performed at the contractor’s facility. The contractor will be expected to perform a minimum of two (2) site-visits to the Interior Museum. The contractor will be expected to attend a minimum of four (4) virtual or in-person meetings to discuss various phases of the project as outlined in the contractor’s project timeline (i.e., kick-off, progress, review, and finalization meetings). If the contractor wishes to hold virtual meetings, the meetings will occur via MS Teams. If the contractor wishes to hold the meetings in-person, the meetings will occur at the DOI Stewart Lee Udall Building in Washington, D.C. All changes to agreed-upon meeting locations will be submitted in writing via email to the COR with a minimum of two (2) business days’ notice.

11. Period of Performance A. The period of performance will begin when the contract is awarded. After the contract is awarded, the contractor will begin work on a date that is agreed upon by the contractor and DOI. The final deliver date shown in part iv below represents the longest acceptable period of performance. Contractors may propose and work to shorter periods of performance resulting in earlier installation and milestone dates than shown below, but offers with dates that exceed those shown below will not be considered.

i. Two (2) weeks after award: The detailed schedule outlining the critical path, milestones, and delivery dates will be delivered for review by DOI.

ii. April 1, 2024: The final design package must be delivered for review by DOI. If this delivery date of the final design package is not feasible, the contractor will offer an alternative delivery date in their proposal.

iii. April 30, 2024: The final graphic production files will be delivered to DOI and applicable fabricators/printers.

iv. June 14, 2024: Anticipated timeframe for final installation and exhibit opening to the public. This is dependent on the fabrication timeline.

• Prior to and during installation, the contractor will be available to consult and problem-solve with fabricators/printers.

B. The period of performance will end after the exhibit installation is complete.

12. Performance Standards

All work shall be performed according to museum-industry standards. The designer is expected to have a strong portfolio of museum exhibition design services performed within the past three (3) years. Design elements involving museum objects shall put object safety first and will be coordinated with Museum staff. All work shall be completed within the timeframe outlined above unless a shorter timeframe is proposed and agreed to. Any concerns or questions will be brought to the attention of the COR and CO. The COR has ten (10) business days, beginning after the initial date of receipt, to review submitted documentation. The COR will respond to the contractor with either the approval to proceed, or the COR will inform the contractor of specific changes required prior to proceeding. If changes are needed, the COR will communicate these changes via email and the contractor will acknowledge these changes via email. If the contractor is not able to accommodate the changes, the contractor will then offer an alternative solution.

SECTION IV – Clauses and 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):

https://www.acquisition.gov/far/index.html

(End of provision)

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/index.html

(End of clause)

CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

FEDERAL ACQUISITION REGUALTION

C/P Title Date

52.204-7 System for Award Management OCT

52.204-13 System for Award Management Maintenance OCT

52.204-16 Commercial and Government Entity Code Reporting AUG

52.204-18 Commercial and Government Entity Code Maintenance AUG

52.204-19 Incorporation be Reference of Representations and Certifications

DEC

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

MAR

52.212-2 Evaluation—Commercial Products and Commercial Services

NOV

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

DEC

52.223-6 Drug Free Workplace MAY https://www.cpars.gov/

52.225-25 Prohibition on Contracting with Entities Engaging in

Certain Activities or Transactions Relating to Iran- Representation and Certifications

JUN

52.232-11 Extras APR

52.232-39 Unenforceability of Unauthorized Obligations JUN

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

MAR

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.

DIAR 1452.233-2 Service of Protest Department of the Interior (JUL 1996) (Deviation)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Stephen Dennis Stephen_Dennis@ibc.doi.gov

Acquisition Services Directorate Interior Business Center

381 Elden Street, Herndon, VA 20170 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3#FAR_33_101

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor, Acquisitions and Intellectual Property, 1849 C Street, NW., Room 6511, Washington, DC 20240.

52.204-24 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (OCT 2020

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3#FAR_52_204_26 https://www.acquisition.gov/far/9.108-2#FAR_52_212_3 https://www.acquisition.gov/far/33.101#FAR_52_204_26 https://www.sam.gov/#FAR_52_212_3 mailto:juan_rendon@ibc.doi.gov#FAR_52_204_25 essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and https://www.sam.gov/

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The…