B08_SOL_RFQ_140D0426Q0416_Kirtland_AFB.pdf

United States Department of the Interior

INTERIOR BUSINESS CENTER

Washington, DC 20240

Request For Quotations (RFQ) 140D0426Q0416

COMBINED SYNOPSIS/SOLICITATION (FAR 12.603)

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotes are being requested and a separate written solicitation will not be issued. Solicitation number 140D0426Q0416 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2026-01 (ensure this is the latest Federal Acquisition Circular number by going to the Federal Acquisition Regulation on Acquisition.gov – the most recent FAC Number is located at the top). It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. They may be accessed in full text at the following websites: https:/www.acquisition.gov/far/ and https://www.acquisition.gov/diar.

The associated North American Industrial Classification System (NAICS) code for this procurement is 336211 – Motor

Vehicle Body Manufacturing with an associated small business size standard of 1,000 employees.

The PSC Code is K042 – Modification of Equipment- Fire Fighting, Rescue, and Safety Equipment; Environmental Protection Equipment and Materials

This requirement is a Small Business Set-Aside and only qualified contractors may submit a quote.

The Department of Interior (DOI), Acquisition Services Directorate (AQD) is issuing this RFQ on behalf of the Air Force Civil Engineer Center (AFCEC), Wildland Fire Branch (WFB) in accordance with FAR Part 12.

The Government anticipates awarding a single Firm Fixed Price (FFP) purchase order after receipt and evaluation of the Offeror’s quote.

The Government reserves the right to make an award without discussions but may conduct discussions if in the Government’s best interest.

1. PERIOD OF PERFORMANCE:

The estimated period of performance will be:

Base Year: 6/24/2026-06/23/2027 Option Year 1: 6/24/2027-06/23/2028 Option Year 2: 6/24/2028-06/23/2029

2. SPECIFIC REQUIREMENTS:

See the Attachment 1 – Performance Work Statement (PWS)

3. QUESTIONS:

All questions regarding this solicitation shall be submitted via email no later than May 7, 2026, by 5:00 PM Eastern

Time to David Boyd, Contracting Officer, David_Boyd@ibc.doi.gov. For each question, please include reference to the specific section(s) of the solicitation and/or the SOW to which the question applies. Questions submitted via telephone or facsimile will not be addressed. Emails must have “140D0426Q0416 AFCEC WFB Vehicle Upgrades for Kirtland AFB” in the subject line. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective quoters. The quoters or source of the question will not be referenced when issuing an amendment to the solicitation.

https://www.acquisition.gov/browse/index/far mailto:David_Boyd@ibc.doi.gov.

When submitting questions, Offerors shall use Attachment 2 – Questions.

4. ANTICIPATED CONTRACT TYPE:

The Government anticipates awarding a Firm-Fixed-Price (FFP) task order with no travel or Other Direct Costs (ODCs) anticipated to meet the Government’s requirements as described in the attached PWS.

5. RFQ RESPONSE DUE DATE AND SUBMISSION REQUIREMENTS:

Responses are due to David Boyd, Contracting Officer, David_Boyd@ibc.doi.gov on May 28, 2026, no later than 4:00

P.M. Eastern Time.

NOTE: It is the offeror’s responsibility to ensure/verify the Government receives its submission on or before the date/time specified. The Government reserves the right to not accept any late quotes for any reason.

6. FORMAT FOR SUBMISSION:

Section Description

Volume 1a: Technical - General

General (No page limit); Cover page, Technical Assumptions, completed Attachment 3 and completed Attachment 4.

Volume 1b: Technical

Technical Section (No more than 10 single-spaced pages); The quote should be prepared in a format capable of being viewed using Microsoft Office or Adobe Acrobat. Quote shall be submitted in font size, 11- or 12-point, in an easily readable font, such as Calibri or Arial.

Nine (9) point font size and single spacing is acceptable for any tables, graphics, and illustrations; however, do not submit an abundance of information in chart format. Page Limit Includes: All executive summaries, charts, graphs, diagrams, tables, pictures, drawings, etc. Page Limit does not include Appendices (includes resumes, covers for volumes, tables of contents, glossary of abbreviations and acronyms, indices, title pages, cross reference indices, and section dividers/tables if they are inserted solely to provide ease to the reader in locating parts/sections of the quote. They will be counted if they contain any other information, i.e., diagrams, extraneous data, etc. Pages marked “This page intentionally left blank” will not be counted.)

a. Technical Approach and Capability Plan

b. Management Plan

Volume 2: Price

Price Quote narrative, including a completed Price Quote in Microsoft Excel and any pricing assumptions (No page limit)

Volume 3: Past Performance

Offerors shall submit up to three (3) Past Performance Questionnaires (PPQs) (see Attachment 5) completed by previous customers for work similar in size, scope, and complexity to the requirements of this solicitation. Completed PPQs shall be submitted with the offeror’s quote.

Quoters shall not include any price-related information in their technical quotes.

mailto:David_Boyd@ibc.doi.gov

7. REQUIRED COMPONENTS OF EACH VOLUME AND SECTION

VOLUME 1a – GENERAL VOLUME

1a.1. Cover Sheet: This cover sheet shall include the information listed below:

A. Name of Company B. Address C. City, state, zip code D. Unique Entity Identifier (UEI) Number E. Point of contact (primary and alternate)

F. Telephone number G. Email address H. Solicitation number I. Date of quote J. GSA contract number K. Business Size

1a.2. Technical Assumptions: The Offeror shall indicate, in this section only, if any technical-related assumptions have been made, conditions have been stipulated or exceptions have been taken with the PWS, as written. If technical assumptions are not noted in this Volume and this section of the quote, it will be assumed that the Quoter’s quote reflects no technical assumptions for award and the Quoter agrees to comply with all of the terms and conditions set forth herein.

Any technical-related assumptions listed in any other volume or section shall be null and void.

The Quoter is advised that any exception taken to the terms and conditions of the RFQ may adversely impact its evaluation. Any assumptions that are considered unacceptable by the Government and cannot be resolved may result in the Quoter being removed for further consideration.

VOLUME 1B– TECHNICAL VOLUME

Technical Factor

The quoter shall submit a single, clear, and concise technical narrative (maximum 10 pages) demonstrating the vendor’s ability to meet each of the Government’s minimum technical requirements listed below. The narrative should focus on factual, capability‑based explanations—not marketing language—and must be organized in the same order as the requirements.

Technical Approach and Capability Plan Describes the vendor’s technical approach, organizational resources to be used, and management controls to fulfill this requirement.

• Explain the extent to which the proposed personnel possess the skills, experience, and qualifications required to successfully fulfil this requirement.

Management Plan

• Describes the vendor’s internal quality management plan, including performance monitoring methods, metrics, review processes, corrective action procedures, risk management, and continuous improvement processes.

VOLUME 2– PRICE VOLUME

The Quoter shall indicate, in this section only, if any price-related assumptions have been made, conditions have been stipulated or exceptions have been made with PWS, as written. If not noted in this volume of the quote, it will be assumed that the quote reflects no price assumptions for award and agrees to comply with all the terms and conditions set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, deviations, or exceptions buried within the Quoter’s quote. Accordingly, any price-related assumptions listed in any other volume or section shall be null and void.

The price quote shall be a separate volume from the technical quote. There is no page limit on the price quote.

1. The Offeror shall submit a Firm-Fixed-Price (FFP) quote. The offeror shall identify any labor categories that are subject to the Service Contract Labor Standards (SCLS)/Service Contract Act (SCA) and ensure applicable labor categories are paid wages equal to or greater than the corresponding prevailing rates.

2. It is assumed that the Quoter’s quote reflects no price assumptions for award and agrees to comply with all the terms and conditions set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, deviations, or exceptions buried within the Quoter’s quote. Accordingly, any price-related assumptions listed in any volume or section shall be null and void. No assumptions and/or alternate terms and conditions proposed by the quoter will be incorporated into the resultant task order award. The Government anticipates that there is sufficient technical information within the PWS for a quoter to reasonably submit a FFP type quote. It is the quoter’s responsibility to address any perceived ambiguity regarding the scope of work during the solicitation Q&A period.

3. The Government reserves the right, without engaging in clarifications and/or requesting revised quotes, to de-conflict or correct situations involving clerical errors, minor mathematical errors, rounding discrepancies or obvious misplacement of decimal points where there is a negligible impact on price.

VOLUME 3– PAST PERFORMANCE

The Government will evaluate the extent to which the offeror’s recent and relevant past performance demonstrates the ability to successfully perform the requirements of this solicitation. For the purposes of this acquisition, “relevant” past performance includes work that is similar in size, scope, and complexity to the requirements of this solicitation. The Government may consider past performance on commercial, federal, state, or local contracts. “Recent” is defined as work performed within the past three (3) years from the date of solicitation issuance.

Offerors shall submit up to three (3) Past Performance Questionnaires (PPQs) (see Attachment 5) completed by previous customers for work similar in size, scope, and complexity to the requirements of this solicitation. Completed PPQs shall be submitted with the offeror’s quote.

If the offeror has no relevant past performance, they shall state so. Offerors without past performance will not be rated favorably or unfavorably; they will receive a Neutral rating.

8. BASIS FOR AWARD

In accordance with FAR 52.212-2: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical Approach and Capability Plan, Management Plan, Past Performance, and Price.

Technical and past performance, when combined, are significantly more important than price.

Best Value – Trade Off: The Government will make award to the responsible offeror whose offer: 1) conforms to the Request for Quote (RFQ) 2) will be most advantageous to the Government as it represents the Best Value considering price and other factors, and 3) represents a fair and reasonable price.

Non-price factors are of equal importance. Overall, when combined, the Government considers non-price factors significantly more important than price. Prices of the competitors will be compared and traded off against the nonprice factors of competing quotes/proposals, as appropriate.

The Government will evaluate quotes as follows:

Factor 1: Technical Approach and Capability Plan: The Government will evaluate the extent to which the vendor’s technical approach demonstrates a clear understanding of the objectives, scope, and operational needs of the requirement.

Evaluation will consider the vendor’s technical expertise, relevant experience, and the qualifications of proposed personnel and management. The Government will also assess whether the proposed staffing, resources, and methods are appropriate and sufficient to successfully complete the required upgrades.

Factor 2: Management Plan: The Government will evaluate the vendor’s ability to establish and maintain an effective management structure to support this requirement. This includes the vendor’s approach to overseeing project execution, addressing performance challenges, ensuring quality control, and managing resources to meet Government needs. The evaluation will consider how well the proposed management plan supports timely, high-quality delivery of all required upgrades.

Factor 3: Past Performance: The Government will evaluate the relevance, quality, and recentness of the vendor’s past performance on contracts of similar size, scope, and complexity, particularly those involving vehicle upgrades, emergency response equipment, or wildland fire program support. Evaluation will consider the vendor’s record of meeting technical requirements, adhering to schedules, managing performance challenges, and delivering high-quality work. The Government may use information from CPARS or PPQ’s the offeror submits with their quote.

The Government will evaluate past performance using a confidence assessment consistent with a tradeoff source selection. The Government will assign one of the following ratings:

• High Confidence – Past performance demonstrates a high likelihood of successful performance.

• Some Confidence – Past performance indicates a reasonable expectation of success.

• Low Confidence – Past performance raises doubt about successful performance.

• Neutral – No relevant past performance available.

Past performance will be evaluated as a separate factor and will be considered in the overall trade-off analysis. The Government may award to a higher-priced offeror if their past performance provides greater confidence in successful performance.

Factor 4: Price: Price will be evaluated separately but considered in the overall best-value tradeoff. Offerors shall submit a firm-fixed-price quote that includes:

A total price for upgrading two (2) trucks to fire-engine-ready configuration for the Base Year.

A total price for upgrading two (2) trucks to fire-engine-ready configuration for Option year 1

A total price for upgrading two (2) trucks to fire-engine-ready configuration for Option year 2

Any pricing assumptions that materially affect cost, schedule, or performance

The Government will evaluate price to determine whether it is:

• Fair and reasonable

• Balanced

• Consistent with the offeror’s technical approach and stated assumptions

The Government may award to other than the lowest-priced offeror if a higher-priced proposal provides superior technical performance or past performance confidence.

Conversely, a lower-priced offeror may be selected if the technical and past performance factors do not justify paying a premium.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic award. The Government may determine that an offer is unacceptable, if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the options.

9. SOLICITATION PROVISIONS:

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 Quoter is cautioned that the listed provisions may include blocks that must be completed by the Quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Quoter 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 these addresses:

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far-overhaul Department of the Interior Acquisition Regulation (DIAR): https://www.acquisition.gov/diar Defense Federal Acquisition Regulation Supplement (DFARS): https://www.acquisition.gov/dfars

(End of provision)

FAR Provision Title Date

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

Sept 2024

52.204-7 System for Award Management Nov 2024

52.209-7 Information Regarding Responsibility Matters Oct 2018

52.212-2 Evaluation – Commercial Products and Commercial Services Nov 2021

52.217-5 Evaluation of Options Jul 1990

52.219-1 Small Business Program Representations Feb 2024

52.252-5 Authorized Deviations in Provisions Nov 2020

DFARS Provision Title Date

252.203-7005 Representation Relating to Compensation of Former DOD Officials Sep 2022

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

May 2022

System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in agency solicitations. Examples include 52.222-25, Affirmative Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements. Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM.

Provisions Incorporated by Full Text:

FAR 52.229-11 – Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)

(a) Definitions. As used in this provision—

Foreign person means any person other than a United States person. Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

https://www.acquisition.gov/far-overhaul http://www.acquisition.gov/diar http://www.acquisition.gov/diar http://www.acquisition.gov/diar https://www.acquisition.gov/dfars

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if–

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-

1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The

Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that

(1) It [_] is [_] is not a foreign person; and

(2) If the Offeror indicates “is” in paragraph (d)(1) of this provision, then the Offeror represents that—I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

http://www.irs.gov/w14

(f) If the Offeror selects “is” in paragraph (d)(1) and “partial or no exemption” in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on

Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation

(DEC 2019)

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services.

(b) 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 defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense 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.

DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services—Representation (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services—Representation, that it

“does not provide covered defense 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.”

(a) Definitions. “Covered defense telecommunications equipment or services,” “covered mission,” “critical technology,” and “substantial or essential component,” as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115- 91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out http://www.irs.gov/help/tax-law-questions http://www.irs.gov/help/tax-law-questions http://www.irs.gov/help/tax-law-questions https://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7018 https://www.sam.gov/ https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS-252.204-7016 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS-252.204-7018 https://www.sam.gov/ covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph

© of the provision at 252.204-7016 , Covered Defense Telecommunications Equipment or Services— Representation, that it “does” provide covered defense 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, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph

(b) of this provision.

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment

(include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

DEPARTMENT OF INTERIOR ACQUISITION REGULATION (DIAR) PROVISIONS

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:

David Boyd Contracting Officer Acquisition Services Directorate 703-964-4853 David_Boyd@ibc.doi.gov

(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 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS-252.204-7016

Department of the Interior Assistant Solicitor, Acquisitions and Intellectual Property, 1849 C Street, NW, Room 6511, Washington, DC 20240.

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, 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)

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.

10. CONTRACT CLAUSES:

FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED BY REFERENCE (IBR):

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 these addresses:

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/far-overhaul Department of the Interior Acquisition Regulation (DIAR): https://www.acquisition.gov/diar Defense Acquisition Regulations System (DFARS): https://www.acquisition.gov/dfars

FAR Clause Title Date

52.203-3 Gratuities Apr 1984

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020

52.203-13 Contractor Code of Business Ethics and Conduct Nov 2021

52.203-17 Contractor Employee Whistleblower Rights Nov 2023

52.204-13 System for Award Management Maintenance Mar 2026

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

Mar 2026

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations Mar 2026

52.219-6 Notice of Total Small Business Set-Aside

Mar 2026

52.222-3 Convict Labor

Mar 2026

52.222-19 Child Labor-Cooperation with Authorities and Remedies

Mar 2026

52.222-37 Employment Reports on Veterans

Mar 2026

52.222-41 Service Contract Labor Standards

Mar 2026

52.222-42 Statement of Equivalent Rates for Federal Hires

May 2014

52.222-50 Combating Trafficking in Persons

Mar 2026

52.222-54 Employment Eligibility Verification

Mar 2026

52.222-62 Paid Sick Leave Under Executive Order 13706

Mar 2026

52.223-23 Sustainable Products and Services Mar 2026

52.229-12 Tax on Certain Foreign Procurements Feb 2021

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

Oct 2018

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors Mar 2023

52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984

52.242-15 Stop-Work Order Aug 1989

52.245-1 Government Property Sep 2021

52.245-9 Use and Charges Apr 2012

DFARS Clause Title Date

252.203-7000 Requirements Relating to Compensation of Former DOD Officials Sep 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights Sep 2013

252.204-7003 Control of Government Personnel Work Product Apr 1992

252.204-7004 Antiterrorism Awareness Training for Contractors Jan 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

May 2024 https://www.acquisition.gov/far-overhaul http://www.acquisition.gov/diar http://www.acquisition.gov/diar http://www.acquisition.gov/diar https://www.acquisition.gov/dfars

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services

Jan 2023

252.211-7008 Use of Government-Assigned Serial Numbers Sep 2010

252-223-7008 Prohibition of Hexavalent Chromium Jan 2023

252.225-7012 Preference for Certain Domestic Commodities Apr 2022

252.225-7021 Trade Agreements Feb 2024

252.225-7048 Export-Controlled Items Jun 2013

252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten May 2024

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime Jan 2023

252.232-7010 Levies on Contract Payments Dec 2006

252.243-7001 Pricing of Contract Modifications Dec 1991

252.243-7002 Requests for Equitable Adjustment Dec 2022

252.244-7000 Subcontracts for Commercial Products or Commercial Services Nov 2023

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System Jan 2023

252.246-7008 Sources of Electronic Parts Jan 2023

Clauses Incorporated by Full Text

FAR 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services (Nov 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within

30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.