HSR23-23_QA__Round__2_Official.pdf

ROUND #2

RFP No.: HSR23-23 Request for Proposals for Financial and Commercial Advisory Services Questions & Answers

3/21/2024

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No Question Proposed Response 1 Regarding the thirty (30) page-limit: With the recent extension of the submission deadline, would the Authority also consider an increase to the page limit (i.e., 60 total pages for the technical proposal, similar to prior RFPs), so that 1) proposing firms can more fully address the Authority’s requirements and 2) non-incumbent firms are able to adequately introduce themselves and detail their qualifications and approach?

The Authority has reviewed and considered this comment.

The Authority will maintain the 30-page limit as defined in Section 5.1, General Requirements.

2 With regard to the revisions made under Addendum 5 to Attachment F – Supplemental Resume and Work History, we noticed that on the clean version, the heading on page 2 has changed from “Key Personnel

- Previous Qualifying Project Experience . . . “to “Key Personnel – Current/Active Qualifying Project Experience.” Please advise whether the Authority is now seeking information only for current projects.

The Authority is seeking information on both Key Personnel Current/Active Qualifying Project Experience and Key Personnel Previous Qualifying Project Experience. Please see the Addendum #7 which provides a corrected version of the documents.

See also Section 5.3.7.1, Key Personnel and Staffing Plan in Addendum #5 which provides: “There is no timeframe for which key personnel needs to have gained project experience on Large/Complex Infrastructure projects.”

3 Is it the Authority’s expectation that bidders’ proposals also include tabs within the 30-page Technical Proposal?

As defined in Addendum #5, Section 5.1 General Requirements, Subsection 9a, “A blank page should precede each section with an index tab extending beyond the side of the page; these blank pages will not be counted within the page count.”

4 Has HSR considered making a way for interested SB/DVB/DBE subcontractors to present themselves to the prime bidders? For example, the Bonfire procurement platform allows firms interested in subcontracting on contracts, to present themselves and their experience.

Certified SB/DVB/DBE Businesses can place free advertisements on bid solicitations in Cal eProcure to seek work as a subcontractor with a prime, or as a prime contractor looking for a subcontractor. Instructions can be found here on the Department of General Services website under the tab “Research and Marketing.”

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/How-to-do-business-with-the-state-of-California

RFP No.: HSR23-23 Request for Proposals for Financial and Commercial Advisory Services Questions & Answers

3/21/2024

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No Question Proposed Response 5 Regarding "The Proposal shall be no more than thirty

(30) pages in length" (in RFP section 5.2.3): Does this page limit refer specifically to the Technical Proposal? The RFP clarifies that the various sections contained in the administrative response (e.g., transmittal letter, forms and certifications, references, etc.) are not part of the 30 pages, but doesn’t explicitly state that the cost proposal is not included in the 30 pages. Would you please confirm that this 30-page limit applies only to the content being submitted as Part 2, Technical Proposal and/or confirm that the Cost Proposal is not included in that limit?

The Cost Proposal is not included in the thirty (30) page limit.

6 The requirements for the Executive Summary are described in section 5.3.1.8 under the larger section heading of "5.3., Technical Proposal Requirements", suggesting that it belongs in the Technical Proposal.

However, Addendum 5 updated the Attachment A, Minimum Requirements Checklist to include the Executive Summary as the second item in the Administrative Response. Please clarify whether the Executive Summary should be included in the Administrative Response or Technical Proposal and, if the Technical Proposal, whether the two-page Executive Summary is included in or excluded from the 30-page limit.

Please see Addendum #7 where Clarifying language has been added to Attachment A.

7 Acknowledging the importance of partnership with our valued team members in this effort, would the Authority permit the Proposer (Prime) to put forward an employee of a team member's firm (subcontractor) as Project Manager (assuming compliance with all other Project Manager requirements)?

The Authority has considered this question and determined the Project Manager may only come from the Prime Contractor. However, a Deputy Project Manager may come from a subcontractor.

RFP No.: HSR23-23 Request for Proposals for Financial and Commercial Advisory Services Questions & Answers

3/21/2024

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No Question Proposed Response 8 Alternate terms for the Authority's consideration:

General: Limitation of Liability: Notwithstanding anything else in this Contract to the contrary, including all attachments, the liability of the Contractor on account of any actions, damages, claims, liabilities, costs, expenses or losses in any way arising out of or relating to the Contract or the services performed under the Contract shall be limited to the amount of fees paid to the Contractor under the Contract. The Contractor will not be liable for consequential, special, indirect, incidental, punitive or exemplary damages, costs, expenses, or losses (including, without limitation, lost profits and opportunity costs). The provisions of this paragraph shall apply regardless of the form of action, damage, claim, liability, cost, expense, or loss asserted, whether in contract, statute, rule, regulation or tort (including but not limited to negligence) or otherwise.

The Authority is unable to accept any limitation of liability provision without prior approval from the California Department of General Services (DGS). The Authority will submit a request to DGS to approve such a provision and will issue an Addendum if approval is received.

RFP No.: HSR23-23 Request for Proposals for Financial and Commercial Advisory Services Questions & Answers

3/21/2024

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9 Alternate terms for the Authority's consideration:

General: Third Party Service Providers: State acknowledges and agrees that Contractor’s third-party service providers (“Vendors”), including Contractor’s cloud service providers, may have access to confidential information from onshore and offshore locations, and that the Contractor uses Vendors within and outside of the United States to provide at Contractor’s direction administrative or clerical services to Contractor. These Vendors may in the performance of such services have access to State’s confidential information. Contractor represents to State that with respect to each Vendor Contractor has technical, legal and/or other safeguards, measures, and controls in place to protect Confidential Information of State from unauthorized disclosure or use.

The Authority does not accept the proposed alternative term to the Sample Agreement.

The proposed language is too broad in its expectation of full permission to possess, control, and provide access to confidential Authority information to unnamed 3rd parties with which the proposer has entered into an agreement. The proposed language also does not include specificity about what vendors will have such access and what contractual requirements are in place to protect against unauthorized disclosure or use of confidential information.

10 Alternate terms for the Authority's consideration:

General: Volume Rebates. Where Contractor is reimbursed for expenses, Contractor will bill for the amount Contractor paid, without any additional markup. After such expenses are incurred, Contractor may receive rebates or incentive payments based on aggregate purchases, which may include expenses reimbursed by Client in addition to other clients. Such rebates are not credited back to Client, but are used to reduce Contractor overhead.

The Authority does not accept the proposed alternative term to the Sample Agreement.

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11 Alternate terms for the Authority's consideration:

General: Force Majeure. Except for the obligation of a party to make payments required hereunder, neither party shall be responsible for any delay or failure in performance of any part of this Agreement or the Services to the extent that such delay or failure is caused by reason of acts of God, wars, revolution, civil commotion, pandemic, epidemic, terrorism, acts of public enemy, embargo, acts of government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing or boycotts, malicious acts of third parties, or any other circumstances beyond the reasonable control of the non-performing party (each a “Condition”). The delayed party shall be excused from such performance on a day-to-day basis during the continuance of such Condition (and the other party shall likewise be excused from performance of its obligations on a day-to-day basis during the same period); provided, however, that the delayed party shall use commercially reasonable efforts to avoid or remove such Condition, and both parties shall proceed promptly with the performance of their obligations under this Contract whenever such Condition is removed or ceases. If the Condition continues for more than ninety (90) days, then the party affected may terminate this Contract upon written notice to the delayed party.

RFP No.: HSR23-23 Request for Proposals for Financial and Commercial Advisory Services Questions & Answers

3/21/2024

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12 Alternate terms for the Authority's consideration:

General: The State agrees to provide reasonable written notice to Contractor and opportunity to cure any deficiency that forms the basis for termination for cause.

The Authority does not accept the proposed alternative term to the Sample Agreement. The Sample Agreement includes a provision for Settlement of Disputes.

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13 Alternate terms for the Authority's consideration:

Exhibit D. Special Terms and Conditions, 4.

Confidentiality of Data, H:

H. Upon the expiration or earlier termination of this Agreement, Contractor shall (a) destroy all forms of Confidential Information (as defined in Section I below) of the Authority, including any and all copies thereof, and those portions of any documents, memoranda, notes, studies and analyses prepared by the Contractor that contain, incorporate or are derived from such Confidential Information and provide written certification of such destruction to the Authority in a form reasonably acceptable to the Authority, provided that the Contractor have the right to retain one copy of any such Confidential Information for archival purposes, including in order to comply with legal or professional obligations, provided such copy shall continue to be maintained on a confidential basis subject to the terms of this Agreement, and (b) Immediately cease use of such Confidential Information as well as any information or materials that contain, incorporate, or are derived from such Confidential Information. This provision may be waived at the Authority’s sole discretion.

Information stored on routine back-up media for the purpose of disaster recovery will be subject to destruction in due course. Latent data such as deleted files and other non-logical data types, such as memory dumps, swap files, temporary files, printer spool files and metadata that can customarily only be retrieved by computer forensics experts and are

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No Question Proposed Response generally considered inaccessible without the use of specialized tools and techniques will not be within the requirement for the return or destruction of records as contemplated by this paragraph.

14 Alternate terms for the Authority's consideration:

Exhibit E. Additional Provisions, 7. Insurance. A.

Proof of Insurance: The Contractor shall provide certificates of insurance to the Authority as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. All insurance policies, certificates and endorsements must be approved by the Authority’s Contract Manager prior to commencement of Work.

Current certification of insurance shall be kept on file with Authority at all times during the term of this Agreement. If there is a claim and there is a coverage dispute, the Authority reserves the right to require complete, certified copies of the relevant insurance policies, at any time.

The Authority reserves the right to require copies of insurance policies if there is a claim or a coverage dispute. To conceal or remove confidential information, a redacted copy is acceptable.

RFP No.: HSR23-23 Request for Proposals for Financial and Commercial Advisory Services Questions & Answers

3/21/2024

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15 Alternate terms for the Authority's consideration:

Exhibit E, 7. Insurance. H. Other Provisions or Requirements, 8:

(8). Self-insured Retentions Any self-insured retentions must be declared to and approved by the Authority. The Authority reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the Authority.

16 Alternate terms for the Authority's consideration:

Exhibit E, 7. Insurance. H. Other Provisions or Requirements, 11:

(11). Subcontractors

a. To the extent that the Contractor engages the services of subcontractors, the Contractor agrees to require the same insurance as required of the Contractor, except as to limits. The limits of insurance for subcontractors shall be no more than $1 million each occurrence and in the aggregate for each coverage for which a limit is specified above. If any subcontractor is unable to maintain such insurance, Contractor’s insurance will cover the gap between the subcontractor’s insurance and the limits and terms of insurance required by this agreement.

The Authority has considered, and will accept, the proposed alternative language. The Sample Agreement will include the revised language in Addendum #7

Exhibit E, Additional Provisions, Section 7, Insurance, Subsection H, Other Provisions or Requirements, Paragraph 11 shall read as follows:

(11). Subcontractors

a. To the extent that the Contractor engages the services of subcontractors, the Contractor agrees to require the same insurance as required of the Contractor, except as to limits.

The limits of insurance for subcontractors shall be no more than $1 million each occurrence and in the aggregate for each coverage for which a limit is specified above.

RFP No.: HSR23-23 Request for Proposals for Financial and Commercial Advisory Services Questions & Answers

3/21/2024

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17 Alternate terms for the Authority's consideration:

Related to various locations in the solicitation, including

- Exhibit D. Special Terms and Conditions, 32. Audit

- Exhibit F. Federal Terms and Copyright, 6. Site Visits

- Exhibit F. Federal Terms and Copyright, 10. ARRA Funded Project

- Exhibit F. Federal Terms and Copyright, 14. Access and Inspection of Records:

The Parties agree that any representatives requesting access to Contractor’s or subcontractor’s book, documents, and records shall first execute a non-disclosure agreement prior to being granted access.

The Authority does not accept the proposed alternative term to the Sample Agreement.

The Authority is a public entity and the Project is utilizing public funds. The Authority is subject to the California Public Records Act (PRA) and the Federal Freedom of Information Act (FOIA). If the Proposer believes that and exception to PRA or FOIA applies to any future requested access, it shall make its position known at the time such access is requested for Authority consideration.

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3/21/2024

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18 Alternate terms for the Authority's consideration:

Exhibit G, par 1:

In the performance of this Agreement, the Consultant agrees to protect all Authority information in Contractor’s possession or control by implementing the necessary commercially reasonable controls to comply with State-mandated security and privacy requirements provided in the California State Administrative Manual (SAM) applicable to Consultant’s provisions of services under this Agreement , National Institute of Standards and Technology (NIST), Federal Information Processing Standards (FIPS), Government Code sections

11015.5 and 11019.9, and the California Information Practices Act (IPA), which is found in Civil Code section 1798 et seq.

19 Alternate terms for the Authority's consideration:

Exhibit G, 4. State-Owned Data, 4.3 Integrity and Security, h:

h. Consultant shall agree to and adhere to Authority information security and acceptable use policies provided in writing in advance.

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20 Alternate terms for the Authority's consideration:

Exhibit G, 6. Evolving Business Needs, 6.3 Leverage Consultant Systems (As Approved), a:

a. A risk assessment must be conducted annually on Consultant’s systems which process, store, or transmit Authority information by an independent third party approved by Consultant. Risk assessments must be documented annually or upon significant change to the system or environment. Risk assessment results must be provided to the Authority within 30 days of completion request.

The Authority does not accept the proposed alternative term to the Sample Agreement.

The Consultant is responsible for the risk assessment, whether done in-house or by a third party.

21 Alternate terms for the Authority's consideration:

Exhibit G, 6. Evolving Business Needs, 6.3 Leverage Consultant Systems (As Approved), e:

e. Systems must not be left unattended and logged

on. Systems must be configured to prevent access by initiating a session lock after no more than 10 25 minutes of inactivity.

The Authority has considered the proposed alternative language and will accept a modified revision to this subparagraph. The Sample Agreement will include the revised language in Addendum #7.

Exhibit G, Section 6, Evolving Business Needs, Subsection

6.3 Leverage Consultant Systems (As Approved), Paragraph

e, shall read as follows:

e. Systems must not be left unattended and logged on.

Systems must be configured to prevent access by initiating a session lock after no more than 15 minutes of inactivity. Session locks must be retained until the user reestablishes access using established identification and authentication procedures.

RFP No.: HSR23-23 Request for Proposals for Financial and Commercial Advisory Services Questions & Answers

3/21/2024

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22 Alternate terms for the Authority's consideration:

Exhibit G, 6. Evolving Business Needs, 6.3 Leverage Consultant Systems (As Approved), f:

f. The Consultant shall maintain an audit trail and record data access of authorized users and the authorization level of access granted to information based on job function. Said logs must be made available to the Authority upon request.

23 Alternate terms for the Authority's consideration:

Exhibit G, 6. Evolving Business Needs, 6.4 Incident Reporting, par 1:

The Consultant shall immediately promptly notify the Authority Information Security Office of any actual or suspected security event involving Authority information accessed or obtained under this Agreement

24 Alternate terms for the Authority's consideration:

Reporting, par 2:

The Consultant shall thoroughly investigate review relevant facts and circumstances regarding all unauthorized or suspected unauthorized access, use, and/or disclosure of information obtained under this Agreement.

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25 Alternate terms for the Authority's consideration:

Reporting, par 3:

The Consultant shall provide a preliminary report within three Working Days of upon request following discovery of breach or unauthorized use or disclosure of information. The report shall include the information specified above, as well as a summary of any pertinent preliminary information. Upon request Tthe Consultant shall then provide a full written report of the investigation executive summary regarding containment or remediation activity to the Authority’s Information Security Office within 10 Working Days of the discovery of the breach or unauthorized use or disclosure. The report shall include the information specified above, as well as a full, detailed corrective action plan, including information on measures that were taken to halt and/or contain the improper use or disclosure. The Authority reserves the right to take corrective action at any time. Consultant may refrain from disclosing any relevant facts which Consultant determines, in its sole judgment, in accordance with legal or regulatory obligations, or professional standards, or in consultation with law enforcement, could put at risk the confidentiality, availability, or integrity of its own or its other clients’ or counterparties’ data. All information made available to Client pursuant to this section shall be deemed the Confidential Information of Consultant.

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26 Alternate terms for the Authority's consideration:

Exhibit G, 6. Evolving Business Needs, 6.5 Breach or Disclosure of Authority Information, par 2:

The Authority shall not be held liable for any breach of Consultant systems that results in the release of any information provided by the Authority. Consultant agrees to indemnify and hold harmless the Authority, its officers, agents, employees and representatives from and against any liability, losses, costs, damages, or expenses (including attorney fees), up to the amount of fees paid to the Contractor under the Contract, resulting from any claims arising from the performance of this Agreement, including any and all liability, damages, costs, expenses, or attorney fees resulting from a breach of security of the system as defined in the California IPA unless such damages are determined to be the result of the negligence of the Authority, its officers, agents, employees, or representatives. Notwithstanding the foregoing, Consultant will not be liable for consequential, special, indirect, incidental, punitive or exemplary damages, costs, expenses, or losses (including, without limitation, lost profits and opportunity costs).

The provisions of this paragraph shall apply regardless of the form of action, damage, claim, liability, cost, expense, or loss asserted, whether in contract, statute, rule, regulation or tort (including but not limited to negligence) or otherwise.

to the Sample Agreement. However, please see the Answer to Questions 8 and 33 regarding limitation of liability.

RFP No.: HSR23-23 Request for Proposals for Financial and Commercial Advisory Services Questions & Answers

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27 Alternate terms for the Authority's consideration:

Exhibit G, 6. Evolving Business Needs, 6.5 Breach or Disclosure of Authority Information, par 2:

In the event of a breach caused by the Consultant, the Consultant shall be responsible for sending out all notifications to individuals whose personal information is breached as defined in the Civil Code section 1798.29 and SAM section 5340.4 to the extent required by law.

28 Will the Authority consider the following revision to Section 5 of GTC 04/2017?

INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all thirty party claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all thirty party claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

GTC 04/2017 is a requirement of the Department of General Services (which must approve the contract resulting from the

RFP).

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No Question Proposed Response 29 Will the Authority consider striking Section 12 of GTC

04/2017 in its entirety?

GTC 04/2017 is a requirement of the Department of General Services (which must approve the contract resulting from the

RFP).

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No Question Proposed Response 30 Will the Authority consider the following revision to

Section 2 of Exhibit E, Additional Provisions?

Contractor agrees to indemnify, defend, and hold harmless the Authority, FRA, State of California, their officers, agents, and employees from any and all thirty party claims, demands, costs, or liability to the extent caused by the grossly negligence or wrongful acts, errors, or omissions of the Contractor. The Contractor will reimburse the Authority for any expenditure, including reasonable and documented attorney fees incurred by the Authority in defending against claims ultimately determined to be due to grossly negligent or wrongful acts, errors, or omissions of the Contractor. The Contractor’s indemnification herein with regard to third parties shall arise only to the extent caused by the gross negligence or wrongful acts, errors, or omissions of the Contractor, or those under the Contractor’s control, with regard to such third parties.

The Authority has considered the proposed alternative language and will accept modified revisions to this subparagraph. The Sample Agreement will include the revised language in Addendum #7.

Exhibit E, Additional Provisions, Section 2, Indemnification, Subsection A shall read as follows:

A. Contractor agrees to indemnify, defend, and hold harmless the Authority, FRA, State of California, their officers, agents, and employees from third party claims, demands, costs, or liability to the extent caused by the negligence or wrongful acts, errors, or omissions of the Contractor. The Contractor will reimburse the Authority for any expenditure, including reasonable and documented attorney fees incurred by the Authority in defending against claims ultimately determined to be due to negligent or wrongful acts, errors, or omissions of the Contractor. The Contractor’s indemnification herein with regard to third parties shall arise only to the extent caused by the negligence or wrongful acts, errors, or omissions of the Contractor, or those under the Contractor’s control, with regard to such third parties.

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No Question Proposed Response 31 Will the Authority consider the following revision to

Section 7.H (5)a. of Exhibit E, Additional Provisions?

Requirements of specific coverage features, or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. All insurance coverage and limits provided by the Contractor and available or applicable to this Agreement are intended to apply to the full extent of the policies limits required under this Agreement.

Nothing contained in this Agreement limits the application of such insurance coverage.

32 Will the Authority consider the following revision to Section 7.H (6)a. of Exhibit E, Additional Provisions?

The Contractor agrees to endeavor to provide to the Authority a minimum of thirty (30) days’ notice of cancellation (except for nonpayment, for which ten

(10) days’ notice is required), material change in coverage, or nonrenewal of coverage for each required coverage.

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No Question Proposed Response 33 Will the Authority consider the addition of the following limitation of liability to the Agreement?

LIMITATION OF LIABILITY. Notwithstanding any term herein, and except to the extent finally determined to be prohibited by law, Contractor’s aggregate liability for all claims, losses, liabilities, or damages in connection with this Agreement or its subject matter, whether as a result of breach of contract, tort (including negligence), or otherwise, regardless of the theory of liability asserted, is limited to no more than the total amount of fees paid to Contractor for the particular service giving rise to the liability under the applicable Task Order. In addition, Contractor will not be liable for any lost profits, consequential, indirect, punitive, exemplary, or special damages. Furthermore, Contractor shall have no liability arising from or relating to any third-party hardware, software, information, or materials selected or supplied by the Authority.

The Authority is unable to accept any limitation of liability provision without prior approval from the California Department of General Services (DGS). The Authority will submit a request to DGS to approve such a provision and will issue an Addendum if approval is received.

34 Can HSRA describe the application of "Tools of Trade" requirements? To what extent will CAD, engineering tools, and/or design programs be used by the contract team?

Historically, the Authority Financial Advisor has not had to utilize CAD or other engineering tools for the Authority. The Authority does not anticipate usage of such tools for the agreement arising from this RFP. However, other software and tools may consist of standard Microsoft Office suites, reporting and visual drafting software for deliverables assigned to the Financial Advisor, and specialized economic model software like IMPLAN.

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No Question Proposed Response 35 For years of mandatory experience, do the years of experience double count if the individual was working full time on two separate projects?

The experience does not count in overlapping timeframes.

Only experience on applicable projects in a given timeframe shall be counted even if multiple concurrent project experience occurs in the same window.

36 5.1.1 RFP Requirements and Guidelines - The guideline did not specify the font type; however, in Attachment A - Minimum Requirements, it specifies to use Arial 12 Point Font. Please confirm the font type.

Please see Addendum #5 Section 5.1 General Requirement

1. Documents should be prepared in single-spaced type, 12-point Arial font, on 8-1/2” x 11” sheets printed double-sided.

Smaller font may be utilized for graphics labels, charts, figures, tables, and footnotes. A page is considered to be a single side of an 8-1/2” x 11” sheet. Should the Proposer wish to submit materials that benefit from larger format paper sizes such as charts, drawings, graphs, and schedules they should do so sparingly. Large format pages will be included in the page limit.

37 Does HSRA require projects to meet the minimum requirements within a specific timeframe (e.g., a $500M infrastructure project in the last X years)?

Please see Section 5.3.7.1, Key Personnel and Staffing Plan in Addendum #5 which states:

There is no timeframe for which key personnel needs to have gained project experience on Large/Complex Infrastructure projects.

38 Question 33 in Q&A Round 1 states the Authority has considered the question (requesting a two week submission extension) and will revise Section 3, Procurement Schedule and Process: Table 1: Key RFP Dates in Addendum 5. However, Addendum 5 does not change the dates from Addendum 4. Would HSR please clarify the key dates?

The Authority revised the dates for the Round #2 Question and Written Response period but opted not to extend the proposal due date any further. Please see Addendum #7 for the more recent schedules changes, if any.

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No Question Proposed Response 39 Does the requirement of working on related projects of $500M or more take into account inflation to today's dollar or is it the value of the contract at the time of award/performance?

The Project budget or proposed cost at the time of the contract award or performance.

40 Please clarify which version of Section 3.7 Organizational Conflicts of Interest is correct as between Addendum 1 and Addendum 5?

The language in Addendum #1 is correct and will be fully incorporated in Addendum #7.