C05_140R3023Q0028_RFQ.pdf

140R3023Q0028 – Onsite Tool & Equipment Calibration

Combined Synopsis/Solicitation

(i) 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; proposals are being requested and a written solicitation will not be issued.

(ii) To facilitate electronic quote submissions through SAM.gov Contract Opportunities, a request for quote RFQ No. 140R3023Q0028 is being issued subsequent to this combined synopsis/solicitation.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular number 2023-02 effective date 03/16/2023.

(iv) This requirement has no set-aside. The North American Industry Classification System (NAICS)

Code for this acquisition is: 541380 – Testing Laborites and Services. The small business size standard for NAICS Code 541380 is $19 million.

(v) Line item 00010 – Onsite Calibration Services – Hoover Dam

Line item 00020 – Onsite Calibration Services – Parker Dam

The Statement of Work (SOW) provides more detailed information about the requirement and is attached to the RFQ.

(vi) The Bureau of Reclamation (Reclamation), Lower Colorado Basin Region (LCBR) has a requirement for Onsite tool & equipment calibration for Hoover & Parker Dam in accordance with the

Statement of Work (SOW). Offeror MUST submit supporting documentation along with your quotation to demonstrate the proposed quote meets the SOW.

(vii) The requirement will be accomplished via issuance of a firm fixed price Purchase Order. Work shall start on or about July 2023.

THE FOLLOWING CLAUSES AND PROVISIONS ARE APPLICABLE TO THIS COMMERCIAL

ITEM ACQUISITION:

(viii) FAR provision 52.212-1, Instructions to Offerors - Commercial Items.

In addition to the requirements of the Instructions to Offerors - Competitive Acquisitions provision of this solicitation, each offeror will submit a quote in accordance with the instructions contained in this provision.

(1) Offer will complete and submit Standard Form (SF)18 - Request for Quotation. Pricing must be submitted on the SF-18.

(2) Submit the following information:

(a) Unique Entity Identifier (UEI): ___________________

(b) Contractor E-mail Address: ______________________

(ix) Determination of award will be based on the lowest-priced technically accepatable responsive quote from a responsible offeror. Please see SOW.

(x) FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Items.

Offerors are advised include with their offer, a completed copy of the provision 52.212-3, or indicate completion of the provision online. Offerors may complete the annual representations and certifications online at https://www.sam.gov/.

(xi) FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items.

(xii) FAR clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders - Commercial Items.

The following additional FAR clauses cited in this clause are applicable to the acquisition:

52.252-2 Clauses Incorporated By Reference (Feb 1998)

52.204-13 System For Award Management Maintenance (Oct 2018)

52.232-40 Providing Accelerated Payments To Small Business Subcontractors (Nov 2021)

52.212-5 Contract Terms And Conditions Required To Implement Statutes Or

Executive Orders--Commercial Products And Commercial Services (May 2022)

52.209-6, Protecting The Government’s Interest When Subcontracting With Contractors

Debarred, Suspended, Or Proposed For Debarment. (Nov 2021)

52.219-4, Notice Of Price Evaluation Preference For Hubzone Small Business Concerns (Oct

2022)

52.219-28, Post Award Small Business Program Representation (Sep2021)

52.222-3, Convict Labor (Jun 2003)

52.222-19, Child Labor-Cooperation With Authorities And Remedies (Dec 2022)

52.222-21, Prohibition Of Segregated Facilities (Apr 2015)

52.222-26, Equal Opportunity (Sep 2016) (E.O.11246)

52.222-36, Equal Opportunity For Workers With Disabilities (Jun 2020)

52.222-50, Combating Trafficking In Persons (Nov 2021)

52.223-18, Encouraging Contractor Policies To Ban Text Messaging While Driving (Jun 2020)

52.225-13, Restrictions On Certain Foreign Purchases (Feb 2021)

52.232-33, Payment By Electronic Funds Transfer-System For Award Management (Oct 2018)

52.222-41, Service Contract Labor Standards (Aug 2018)

52.222-42, Statement Of Equivalent Rates For Federal Hires (May 2014)

52.222-55, Minimum Wages For Contractor Workers Under Executive Order 14026 (Jan

2022)

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

52.212-2 Evaluation-Commercial Items (Oct 2014)

52.212-3 Offeror Representations And Certifications-Commercial Products And Commercial

Services (Nov 2021)

52.212-1 Instructions To Offerors–Commercial Products And Commercial Services (Nov2021)

52.252-1 Solicitation Provisions Incorporated By Reference (Feb 1998)

(xiii) Additional contract requirements include the following clauses and provisions:

DIAR 1452.215-71 Use And Disclosure Of Proposal Information -- Department Of The Interior

(Apr 1984)

WBR 1452.223-81 Safety And Health -- Bureau Of Reclamation (Aug 2021)

WBR 1452.223-82, Ensuring Adequate Covid-19 Safety Protocols In Federal Buildings And

Federally Controlled Facilities -- Bureau Of Reclamation (Nov 2022)

DIAR 1452.237-70 Information Collection - Department Of The Interior (Jul 1996)

DOI-AAAP-0028 Electronic Invoicing And Payment Requirements-Invoice Processing Platform

(Ipp) (Apr 2013)

(xiv) Not Applicable

(xv) All questions shall be submitted via email to bwilliamson@usbr.gov no later than May 11, 2023

4:00 P.M. MST.

Offers are due May 22, 2023 10:00 A.M. MST. Responsible offerors are requested to submit a quote for this requirement. Offers shall be submitted via email to bwilliamson@usbr.gov.

(xvi) The Point of Contact for this solicitation is Mr. Bryan Williamson and may be reached via e-mail at bwilliamson@usbr.gov, or by phone at 702-293-8452.

End of Combined Synopsis/Solicitation mailto:bwilliamson@usbr.gov mailto:bwilliamson@usbr.gov mailto:bwilliamson@usbr.gov

140R3023Q0028

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

0040616564

1 2

Lower Colorado Region Regional Office 500 Fir Street

Bureau of Reclamation

Boulder City NV 89005

08/31/2023

See Award

99999

702 293-8452Bryan Williamson

05/22/2023 1000 MD

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

NAICS: 541380

Project Title: Onsite Tool & Equipment Calibration Period of Performance: 07/01/2023 to 08/31/2023

00010 Onsite Calibration Services - Hoover Dam

Submit Prices for individualize items on attached Price Schedule.

Product/Service Code: H999 Product/Service Description: OTHER

QC/TEST/INSPECT- MISCELLANEOUS

Delivery: 08/31/2023 Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

140R3023Q0028

00020 Onsite Calibration Services - Parker Dam

Submit Prices for individualize items on attached

Price Schedule.

Product/Service Code: H999

Product/Service Description: OTHER

QC/TEST/INSPECT- MISCELLANEOUS

Delivery: 08/31/2023

A comparative evaluation will be performed in accordance with FAR 13.106-2(b)(3). The

Government will conduct a direct comparison of one quote with another in order to determine which quote best provides the Government what it needs, as identified in this solicitation. The

Government reserves the right to select a quote that provides benefit to the Government that exceeds the minimum but is not required to do so.

Quotes may exceed the requirements, but the

Government is not requesting or accepting alternate quotes. Each quote must respond to the solicitation requirements.

The Wage Determination included in this RFQ is only applicable for contractors in the County of

Clark, Nevada. If your company is located in another location, please provide the applicable wage determination with your quote by visiting the following website:

https://beta.sam.gov/search?index=wd

**SUBMIT ALL QUESTIONS VIA EMAIL TO BRYAN

WILLIAMSON, CONTRACT SPECIALIST @

BWILLIAMSON@USBR.GOV BY 05/11/2023 4:00 P.M. MST

**SUBMIT YOUR QUOTES TO BRYAN WILLIAMSON VIA

EMAIL @ BWILLIAMSON@USBR.GOV

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Statement of Work

Onsite Tool & Equipment Calibration

Summary The Bureau of Reclamation (Reclamation), Lower Colorado Dams Office (LCDO), must calibrate their tools and equipment (mechanical, electrical, electronic) on an annual basis. The contractor/vendor will provide onsite calibration services in a self-contained mobile lab, with the work performed by qualified technicians, at a time specified by the government (Hoover Engineering) during the summer for the year

2023. Calibration services will be performed onsite at two locations: Hoover Dam and Parker Dam.

Calibration services for Hoover Dam typically last five (5) days; services for Parker Dam typically last one day.

Work Requirement The contractor will provide the following services for this Work Requirement:

1. Provide an itemized estimate/quote and total cost for all labor, tools, equipment, special items, and consumables needed to complete onsite tool and equipment calibration services at Hoover and Parker Dam.

2. Provide an estimate for additional items that are taken to the contractor for servicing.

a. Items that are new or not previously serviced may be added for servicing after approval from the Contracting Officer.

3. Provide a mobile lab with trained and qualified calibration technicians to perform the work onsite.

4. Provide a NIST traceable detailed inventory (Calibration Schedule) of all items, tools, equipment received for calibration.

a. Completed inventory in electronic format (.pdf, MS Excel, SAP, or equivalent) showing the item number, manufacturer, model, description, serial number, cost to calibrate and any pertinent notes.

b. The contractor is expected to provide all consumable items used during the testing and calibration process.

5. Provide a certification stamp, sticker, or seal on each piece of calibrated equipment with the company name, unique equipment ID, date, and initials of the technician that performed the work.

6. Provide a written report (electronic format) with findings and recommendations for tools and equipment that could not be calibrated or serviced, along with any other recommendations the calibration provider should bring to our attention.

7. Provide an explanation of the process used to remove/dispose of items consumed during calibration.

8. Schedule and arrange transportation of qualified service personnel, tools, equipment, a mobile lab, and any special items to Hoover and Parker Dam.

9. Supervise and conduct clean-up and removal of debris or excess materials from the work sites after calibration services are completed.

10. Provide invoice documents in a timely manner to the Acquisitions Office contract officer (CO) and contract officer representative (COR).

Period of Performance The period of performance will be mutually agreed upon between Reclamation and the contractor and must take place in either the second half of July, or August. A mobile lab is required because tools and equipment must be calibrated annually, and tools are still used throughout the year by Reclamation personnel.

The contractor may be granted early site access to stage materials and equipment, but work cannot start until the specified date agreed to by Reclamation.

Schedule The contractor will provide a proposed work schedule that states the days and hours of work, for approval, prior to the start of work onsite at both Hoover and Parker Dam.

The calibration technicians may work beyond 10 hours a day, with written prior approval, to complete the calibration services within five (5) days at Hoover Dam, and one (1) day at Parker Dam.

A Reclamation escort will be provided to allow daily site access, on the days and hours approved for work.

Daylight working hours are preferred. Reclamation maintenance staff works 10-hour days, M-F (0630-

1700).

Performance Standards The contractor must provide calibration services adhering to National Institute of Standards and

Technology (NIST) traceable ISO/IEC 17025 quality standards.

The contractor will comply with all federal, state and local laws as well as the USBR manual titled

“Reclamation Safety and Health Standards (RSHS),” latest edition. The RSHS manual is available for free in electronic format at this website: https://www.usbr.gov/safety/rshs/index.html

Worksite Reclamation will provide a place to stage the mobile laboratory on the Nevada or Arizona ramp at the end of the respective powerhouse at Hoover Dam. Staging at Parker Dam will be near the powerhouse as well.

No utilities or other services (phone, internet, and electric power) will be provided to the contractor since the work requirement is for a mobile self-contained calibration lab. Major cell phone services are available at the locations the contractor will be staged at.

The Reclamation escort will guide the contractor personnel, vehicle and mobile lab down into the facility and out of the facility at the completion of each work day.

https://www.usbr.gov/safety/rshs/index.html

The Reclamation escort will arrange tools and equipment brought to the mobile lab, monitor the contractor’s work, and arrange for the serviced items to be returned to maintenance staff.

The following facilities and equipment will be available, at no charge, for the contractor to use during the performance of services for this Statement of Work:

1. Restrooms are available inside the powerplant on the Nevada and Arizona side of Hoover Dam and inside the powerhouse of Parker Dam.

2. No government electrical power will be provided.

3. No government phone or internet will be provided for security reasons.

4. No desk or office space to work from will be provided.

5. Access to a fax line may be available upon request.

The physical address for Hoover Dam, and the rally point to meet the Reclamation escort is the Central warehouse:

Hoover Dam Central Warehouse

US Hwy. 93/ SR172

Boulder City, NV 89005

Parker Dam is located approximately 160 miles South via either Highway 95 (West of the Colorado

River), or Highway 93 (East of the Colorado River):

3006 Parker Dam Rd, Parker, AZ 85344, United States

Additional Required Submittals In addition to the required submittals listed above under the “Work Requirement” section, the contractor will also review and sign the following government provided submittals before any work may begin:

1. Job Hazard Analysis (JHA): to be reviewed and signed by the COR and contractor’s job supervisor prior to the start of any work.

2. Site Entry Permit (SEP): to be reviewed and signed by the COR and contractor’s job supervisor prior to the start of any work, and signed to release the contractor at the completion of work.

a. The SEP authorizes contractor personnel, vehicles, and the mobile lab to be onsite for the duration of the services provided by the contractor and informs federal and contracted security forces of contractor assets/personnel.

3. A copy of both the signed JHA and SEP will be attached to mobile lab while it is left overnight in the dedicated staging area.

Site Security The operation of Hoover Dam and Parker Dam requires continuous and effective security measures. Site security is carried out and enforced by a federal guard system, Security Response Force (SRF), and contracted security guard personnel.

All contractor vehicles and the mobile lab will pass through the security checkpoint, upon arrival, on the

Nevada approach where the main entrance is located. Once the security checkpoint inspects and approves the mobile lab and contractor vehicles, passage down to the facility will be allowed, with the Reclamation escort.

Contractor personnel will have a Reclamation escort at all times while performing calibration duties at both Hoover and Parker Dam. The contractor is responsible for ensuring employees comply with all security rules and regulations. Contractor personnel will not enter established or designated restricted areas without authorization from Reclamation. Restricted area entry will be in accordance with security regulations established for the local area (Hoover and Parker Dam).

The staging area for the mobile lab and optional additional vehicle will be on the Nevada ramp just outside of the powerhouse. The mobile lab may be left overnight and the additional vehicle can park in an available spot with the keys left in the vehicle during working hours. The mobile lab is typically left in the staging area overnight, and will be in a secure location. Additional vehicle parking is available for free in designated parking areas near the Hoover Dam Central Warehouse. Prior to the start of work each day, the additional contractor vehicle and contractor personnel will pass through the inspection checkpoint before traveling down to the powerplant and staged mobile lab with the Reclamation escort.

The Reclamation escort will take the mobile lab and additional vehicle down the gated Lower Portal Road;

this road has sections of steep grade with multiple blind corners and a very limiting hair-pin (180 degree) turn. The road is also limited by an electronically controlled swing arm gate and a concrete lined, single lane, tunnel that can allow a dump truck size vehicle through. A standard tractor trailer (18 wheeler) cannot make it down to the Hoover Dam powerplant on the Lower Portal Road. A standard pickup truck

(dually) with a fifth wheel trailer, garbage truck, large bread truck, bucket truck, and similarly sized vehicles routinely make this trip and can be accommodated.

List of Submittals The contractor will furnish all submittals to the Reclamation contracting office point of contact (TBA), in accordance with Table 1 (List of Submittals) below.

Listed on each pre-award submittal will be the contractor’s contact information, solicitation number reference and USBR contracting office point of contact.

All costs associated with providing the submittals will be at the contractor’s expense.

Table 1: List of Submittals

RSN Item Submittals Required Due Date

01 Quote Total Itemized Quote for Services at Hoover Dam and Parker Dam

Pre-Award

02 Quote Quote for Possible New Items Pre-Award

03 Schedule Proposed Work Schedule Pre-Award

04 Report Complete Inventory of Serviced Items Post-Award

05 Report Complete Inventory of Defective Items Post-Award

06 Invoice Invoice for Services at Hoover Dam Post-Award

07 Invoice Invoice for Services at Parker Dam Post-Award

Upon arrival at each dam, provided by USBR for signature by contractor’s Job Supervisor

08 Safety Documentation Job Hazard Analysis (JHA) Before start of work onsite

09 Safety Documentation Site Entry Permit (SEP) Before start of work onsite

RSN 04 is the final NIST traceable report, schedule of calibrated items, and will be submitted in a timely manner after services are complete at both Hoover and Parker Dams, in electronic format.

Clauses

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2022)

---Addendum to 52.212-4---

DIAR 1452.237-70 INFORMATION COLLECTION - DEPARTMENT OF THE INTERIOR (JUL 1996)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of clause)

DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING

PLATFORM (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

'Payment request' means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Company generated invoice.

The Contractor shall also submit an electronic copy of the IPP invoice to bwilliamson@usbr.gov once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone

(866) 973-3131.

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

(End of Local Clause)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV

2021)

WBR 1452.223-81 Safety and Health -- Bureau of Reclamation (AUG 2021)

(a) The Contractor shall not require any person employed in the performance of this contract (including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to the employee's health or safety.

(b) Contractor shall comply with the most current version of the Bureau of Reclamation Reclamation Safety and Health Standards (RSHS) and, if applicable, the requirements of the Accident Prevention Clause (FAR 52.236-13 ).

The RSHS manual shall be obtained at http://www.usbr.gov/ssle/safety/RSHS/rshs.html

(c) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part

1910 from the Occupational Safety and Health Administration, U.S. Department of Labor, www.osha.gov.

(d) In the event there is a conflict between the requirements contained in paragraphs (b) and (c) referenced herein, the more stringent requirement shall prevail.

(e) The Contractor shall submit a written proposed safety program as prescribed in the RSHS and the written specifications.

(f) The Contractor shall maintain an accurate record of, and shall report to the Contracting Officer (or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in accordance with the RSHS and OSHA guidelines.

(g) The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

(h) If the RSHS is updated or amended by Reclamation during the course of this contract, the contractor will be notified in writing. The contractor shall comply with the current RSHS immediately upon written notification. Should the contractor feel that the updated version of RSHS constitutes a substantive change to the contract, affecting price or time (or both), the https://www.acquisition.gov/far/part-52#FAR_52_236_13 http://www.usbr.gov/ssle/safety/RSHS/rshs.html http://www.osha.gov contractor may request an equitable adjustment in the contract price. Any such requests shall include a price proposal submitted in compliance with Contract Clause WBR 1452.243-80, Modification Proposals - Bureau of Reclamation, and in sufficient detail to allow meaningful analysis of labor, equipment and material.

(End of clause)

WBR 1452.223-82, ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS IN FEDERAL BUILDINGS

AND FEDERALLY CONTROLLED FACILITIES -- BUREAU OF RECLAMATION (NOV 2022)

When accessing Federal buildings and federally controlled facilities under this contract, contractor employees shall comply with the Safer Federal Workforce Task Force’s current guidance for COVID-19 workplace safety protocols for Federal agencies at https://www.saferfederalworkforce.gov/.

(End of clause)

--- End of Addendum to 52.212-4---

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

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

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

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

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19

U.S.C. 3805 note)).

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

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov

2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L.

109-282) ( 31 U.S.C. 6101 note).

[ ] (5) [Reserved].

[ ] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016)

(Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41

U.S.C. 2313).

[ ] (10) [Reserved].

[ ] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

[X] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (13) [Reserved] [ ] (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

[ ] (ii) Alternate I (Mar 2020) of 52.219-6.

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

[ ] (ii) Alternate I (Mar 2020) of 52.219-7.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

[ ] (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (Nov 2016) of 52.219-9.

[ ] (iii) Alternate II (Nov 2016) of 52.219-9.

[ ] (iv) Alternate III (Jun 2020) of 52.219-9.

[ ] (v) Alternate IV (Sep 2021) of 52.219-9

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

[ ] (ii) Alternate I (Mar 2020) of 52.219-13.

[ ] (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15

U.S.C. 657f).

[X] (22) (i) 52.219-28, Post Award Small Business Program Representation (Mar 2023) (15 U.S.C. 632(a)(2)).

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

[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C.

637(m)).

[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

[ ] (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

[X] (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

[X] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

[X] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

[X] (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

[ ] (ii) Alternate I (Feb 1999) of 52.222-26.

[ ] (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (ii) Alternate I (Jul 2014) of 52.222-35.

[X] (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

[ ] (ii) Alternate I (Jul 2014) of 52.222-36.

[ ] (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

[ ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

[X] (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

[ ] (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

[ ] (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Oct 2015) of 52.223-13.

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

[ ] (ii) Alternate I (Jun 2014) of 52.223-14.

[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

[ ] (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s

13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-16.

[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O.

13513).

[ ] (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

[ ] (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

[ ] (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

[ ] (ii) Alternate I (Jan 2017) of 52.224-3.

[ ] (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

[ ] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I [Reserved].

[ ] (iii) Alternate II (Dec 2022) of 52.225-3.

[ ] (iv) Alternate III (Jan 2021) of 52.225-3.

[ ] (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. Subtitle A, Part V, Subpart G Note).

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

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[ ] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41

U.S.C. 4505, 10 U.S.C. 3805).

[X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31

U.S.C. 3332).

[ ] (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

2013) (31 U.S.C. 3332).

[ ] (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[ ] (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

[ ] (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

[ ] (ii) Alternate I (Apr 2003) of 52.247-64.

[ ] (iii) Alternate II (Nov 2021) of 52.247-64.

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

[X] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

[List as necessary]

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

chapter 67).

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

[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products and commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

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

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

L. 115-91).

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

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

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

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

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

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

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

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Nov 2021) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

Contract Documents, Exhibits, or Attachments

Provisions

52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAR2023)

---Addendum to 52.212-1---

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):

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar

(End of provision)

DIAR 1452.215-71 USE AND DISCLOSURE OF PROPOSAL INFORMATION -- DEPARTMENT OF THE

INTERIOR (APR 1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption (9), which covers "geological and geophysical information, including maps, concerning wells."

(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.

(End of provision)

---End of Addendum to 52.212-1---

52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract…