Provisions-Instructions.pdf

Attachment 3

PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES - (NOV 2023)

---Addendum to 52.212-1 ---

This addendum replaced the term “offer” with “quote” within the provision 52.212-1.

1) Documents submitted in response to this RFQ must be fully responsive to and consistent with the following:

a. Price

i. Complete SF 1449 blocks, 12, Discount Terms, 17a Contractor Name, Address, Cage Code, Telephone No., Fax No., 30a Signature of Offeror/Contractor, 30b Name and Title of Signer, 30c Date Signed, and applicable Reps and Certs. In doing so, the offeror accedes to the contract terms and conditions as written in the RFQ.

ii. Insert proposed unit and extend prices in the Schedule for each Contract Line-Item Number

(CLIN).

b. Technica Capability – The technical capability, at a minimum, shall address the government’s need identified in the Attachment 1 – Salient Characteristics and include manufacturer’s catalog literature and/or specification sheet for the proposed actuators.

2) Documents submitted in response to this RFQ must be fully responsive to and consistent with the following:

a. Period of acceptance of quotes. The Quoters agrees to hold prices in their quote firm for a minimum of 20 days from the date specified for receipt of quotes. Quoters shall make a clear statement in the Pricing Schedule regarding quote validity.

b. Provide Unique Entity Identifier (UEI) and Contractor E-mail Address.

3) The Government intends to award a single Firm-Fixed Price contract. Note to vendors: The Government reserves the right to cancel this RFQ, either before or after the closing date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse a vendor for any costs.

(End of Text)

52.252-1 PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

FAR Provisions – https://www.acquisition.gov/far/ Revolutionary FAR Overhaul (RFO Clauses - FAR Overhaul - FAR Part Deviation Guidance | Acquisition.GOV Department of the Interior Acquisition Regulation (DIAR) Clauses - https://www.acquisition.gov/diar

In addition, clauses can be identified as follows:

FAR – by the number prefix52, e.g. 52.252-01, etc.

RFO – by the “RFO” text prior to the clause number DIAR – by the number prefix 1452 and the number suffix of 70, e.g. 1452.204-70 https://www.acquisition.gov/far/ https://www.acquisition.gov/far-overhaul/far-part-deviation-guide https://www.acquisition.gov/diar

The following referenced clauses are hereby incorporated into and made a part of this contract.

(End of provision)

Provision Title Date 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation January 2017

RFO 52.204-7 System for Award Management March 2026 RFO 52.219-1 Small Business Program Representations (DEVIATION)A May 2026 FAR 52.225-2 Buy American Certificate October 2022 FAR 52.225-4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate November 2023 FAR 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transaction Relating to Iran-Representation & Certifications June 2020

RFO 52.240-90 Security Prohibitions and Exclusions Representations and Certifications

(DEVIATIONS)

March 2026

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

FAR 52.222-18 CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR

LISTED END PRODUCTS (FEB 2021)

(a) Definition.

Forced or indentured child labor means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

(b) Listed end products. The following end product(s) being acquired under this solicitation is (are) included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, identified by their country of origin. There is a reasonable basis to believe that listed end products from the listed countries of origin may have been mined, produced, or manufactured by forced or indentured child labor.

Listed End Product Listed Countries of Origin

(c) Certification. The Government will not make award to an offeror unless the offeror, by checking the appropriate block, certifies to either paragraph (c)(1) or paragraph (c)(2) of this provision.

(1) □ The offeror will not supply any end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in a corresponding country as listed for that end product.

(2) □ The offeror may supply an end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture such end product. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(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 Provision)

---END OF ADDENDUM TO 52.212-1 ---

52.212-2 EVALUATION – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(DEVIATION) (MAR 2026)

(a) Evaluation factors. The Government will award a contract resulting from this solicitation to the responsible Offeror whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate offers:

A comparative evaluation will be performed in accordance with FAR 12.203. Quotes will be evaluated by performing a direct comparison of one quote to another in a uniform manner to determine which quote provides the government’s need as identified in the RFQ. Each quote shall be evaluated based on Technical (meeting technical specifications) and Price.

At a minimum, quotes must meet the technical stated in 52.212-1 above. Quotes may exceed the government’s need, and the government reserves the right to consider such quotes. However, the government is not required to select a quote that exceeds the minimum need but does have the discretion to accept other than the lowest price quote, provided the quote offers additional benefit to the government.

(b) Options (if applicable). The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The evaluation of options does not obligate the Government to exercise the option(s).

(c) Notice of award. A written notice of award or acceptance of an offer furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

**END PROVISIONS**