Sol_140A2326Q0236.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4.

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

140A2326Q0236

See Schedule See Schedule

Indian Education Acquisition Office 1011 Indian School Rd.

Suite 352A Albuquerque NM 87104

08/13/2026 1000 MD

Leah Azure

(505) 803-4256

A23 100.00

A23

Leah Azure

339920

08/05/2026

ADMINISTERED BY:

Indian Education Acquisition Office

1011 Indian School Rd.

Suite 352A

Albuquerque NM 87104 US

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

This request pertains solely to the purchase and delivery of equipment. Should any subscriptions be necessary to access the programs or applications, the quotation must provide comprehensive information and corresponding pricing for full consideration with the quote.

SECTION B – CONTINUATION

Solicitation - 140A2326Q0236

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with part 12. This announcement constitutes the only solicitation. Quotes are being requested and a separate written solicitation will not be issued. Solicitation number 140A2326Q0236 is issued as a request for quotation (RFQ). This acquisition is set-aside for Indian small business Economic Enterprise concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

NAICS Code: 339920 - Sporting and Athletic Goods Manufacturing Size: 750 – in number of employees Product Code: 7810 - Athletic and Sporting Equipment

1. CONTRACT TYPE Firm Fixed Price

A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.

2. DELIVERY TERMS FOB Destination, 30 – days ARO.

3. LOCATION OF SERVICE / DELIVERY

DOI - Bureau of Indian Education Turtle Mountain Elementary School 1209 Gilbert Godon Street

BELCOURT, ND 58316

4. PAYMENT TERMS (Accelerated Payment) Net 15 Payment within 15 days in arrears upon delivery of goods/services, after inspection & acceptance, and receipt of a proper invoice.

5. PRICE

The price is an all-inclusive price. All-inclusive is defined as all costs/expenses which include but are not limited to Federal/State/Local Taxes, TERO fees, Delivery, Shipping & Handling, Goods, Service, Labor, and all other fees necessary to complete the work. Option years are not guaranteed. Renewals are based on satisfactory Contractor performance, continued government need, and availability of funds.

Description Quantity Price Interactive Playground 1 – each $ TERO Fee 3% of Total Price $ Annual Tero License Unlicensed Contractors Only $ Taxes / Shipping & Handling Lump Sum $

Grand Total $ https://law.tmchippewa.com/us/nsn/tmchippewa/council/code/32.05.020 https://tmchippewa.com/tero/

SECTION B – CONTINUATION

6. INVOICE INSTRUCTIONS

Invoices shall be submitted electronically through the U.S. Department of the Treasury's Internet Payment Platform System (IPP). The IPP website address is: https://www.ipp.gov Contractor assistance with technical support can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract FAR 52.212-4(g), Invoice.

At a minimum a proper invoice shall include:

- Name and address of the Contractor;

- Invoice date and number;

- BIE Contract number: 140A2326Q0236

- Description, quantity, unit of measure, unit price and extended price of the items delivered.

- Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading.

- Terms of any discount for prompt payment offered;

- Name and address of official to whom payment is to be sent;

- Name, title, e-mail and phone number of person to notify in event of defective invoice; and

- Taxpayer Identification Number.

Additional Invoice Requirements:

a. The Contractor shall attach an itemized invoice to each IPP payment request.

b. Improper invoices may result in an invoice rejection. The Contractor shall promptly correct invoices upon notice.

7. POINTS OF CONTACT

Government Contractor

8. REPORTING MATTERS INVOLVNIG FRAUD, MISMANAGEMENT, WASTE AND ABUSE

Anyone who becomes aware of the existence or apparent existence of fraud, waste, and abuse in DOI funded programs is encouraged to report such matters to the DOI Inspector General’s Office in writing or on the Inspector General’s Hotline. The toll-free number is 1-800-424-5081. All telephone calls will be handled confidentially. One may also fill out an online form at http://www.doi.gov/oig/index.cfm. Additionally, the IG may be contacted through its mailing address:

U.S. Department of the Interior Office of Inspector General 1849 C Street NW - Mail Stop 4428 Washington, D.C. 20240

SECTION C – CLAUSES

1. DEPARTMENT OF THE INTERIOR ACQUISTION REGULUATION / CLAUSES

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):

https://www.acquisition.gov/diar/part-1452-solicitation-provisions-and-contract-clauses (End of clause)

Incorporated by Reference - Clause Title Date

1452.280-2 Notice of Indian Economic Enterprise set-aside. Feb 2021 1452.280-3 Indian Economic Enterprise subcontracting limitations. Feb 2021

2. FEDERAL ACQUISITION REGULATION / CLAUSES

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): https://www.acquisition.gov/far-overhaul (End of clause)

Incorporated by Reference – Clause Title Date 52.203-17 Contractor Employee Whistleblower Rights. (Nov 2023) 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. (Jan 2017) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-19 Incorporation by Reference of Representations and Certifications. (Dec 2014) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (Nov 2015). (DEVIATION May 2026) 52.212-4 Terms and Conditions—Commercial Products and Commercial Services. (Nov 2023) (DEVIATION Mar 2026) 52.219-33 Nonmanufacturer Rule. (Sep 2021) (DEVIATION Jan 2026) 52.222-3 Convict Labor. (Jun 2003) (DEVIATION May 2026) 52.222-19 Child Labor—Cooperation with Authorities and Remedies. (Jan 2025) (DEVIATION May 2026) 52.222-36 Equal Opportunity for Workers with Disabilities. (Jun 2020) (DEVIATION May 2026) 52.222-50 Combating Trafficking in Persons. (Oct 2025) (DEVIATION May 2026) 52.223-23 Sustainable Products and Services. (May 2024)(DEVIATION May 2026) 52.225-1 Buy American-Supplies. (Oct 2022) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. (May 2024) 52.232-33 Payment by Electronic Funds Transfer—System for Award Management. (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Mar 2023) 52.233-3 Protest After Award. (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim. (Oct 2004) 52.240-91Security Prohibitions and Exclusions. (DEVIATION Mar 2026) 52.240-93 Basic Safeguarding of Covered Contractor Information Systems. (DEVIATION Mar 2026) 52.244-6 Subcontracts for Commercial Products and Commercial Services (Jan 2025) (DEVIATION May 2026) 52.247-34 F.o.b. Destination. (Jan 1991)

SECTION C – CLAUSES

Incorporate by Full Text –

Clause Title Date

52.222-90 Addressing DEI Discrimination by Federal Contractors (DEVIATION MAY 2026)

(a) Definitions. As used in this clause— Program participation means membership or participation in, or access or admission to: training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the contractor or subcontractor.

Racially discriminatory diversity, equity, and inclusion (DEI) activities means disparate treatment based on race or ethnicity in the recruitment, employment (e.g., hiring, promotions), contracting (e.g., vendor agreements), program participation, or allocation or deployment of an entity's resources.

(b) In connection with the performance of work under this contract, the Contractor agrees as follows:

(1) The Contractor will not engage in any racially discriminatory DEI activities;

(2) The Contractor will furnish all information and reports, including providing access to books, records, and accounts, as required by the Contracting Officer, for purposes of ascertaining compliance with this clause;

(3) In the event of the Contractor's or a subcontractor's noncompliance with this clause, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor or subcontractor may be declared ineligible for further Government contracts;

(4) The Contractor will report any subcontractor's known or reasonably knowable conduct that may violate this clause to the Contracting Officer and take any appropriate remedial actions directed by the Contracting Officer; and

(5) The Contractor will inform the Contracting Officer if a subcontractor sues the Contractor and the suit puts at issue, in any way, the validity of this clause.

(6) The Contractor recognizes that compliance with the requirements of this clause are material to the Government's payment decisions for purposes of 31 U.S.C. 3729(b)(4).

(c) The Contractor must include the substance of this clause, including this paragraph (c), in subcontracts at any tier, including those for commercial products and commercial services, except those where the place of delivery or performance is outside the United States. (End of clause)

SECTION D – DOCUMENTS, EXHIBITS AND ATTACHMENTS

Attachment Pages IA Indian Economic Enterprise Representation 01-page

This purchase is intended for a portable, interactive audiovisual system to enhance physical education classes through immersive sound and light experiences. A digital mobile device will be employed to facilitate interactive activities, supporting students’ engagement with programs targeting obesity and mental health wellness.

Features

Portable & Durable: Moves easily and stays stable even during high-energy activities.

Quick Setup: Ready in under 5 minutes with just one cable and two buttons.

Immersive Technology:

• Encased laser projector with motorized lens

• Movement-detecting camera for interactive projection

• Multicolored LED lights for ambiance

• High-quality sound system

• Internal computer with device mirroring capability.

• Over 45 applications.

Lightweight & Mobile: Legs and wheels for easy transport between rooms or buildings.

Power & Connection: Standard Outlet & WiFi connection.

The Move by Lu has been reviewed during the market research process. While potential contractors are not obligated to quote identical products, the Move by Lu is deemed acceptable, and alternative brands o ering comparable features and functionality will also be considered.

SECTION E – PROVISIONS

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far-overhaul (End of provision)

Incorporated by Reference – Clause Title Date 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (Jan 2017) 52.204-7 System for Award Management. (Nov 2024) (Deviation Mar 2026) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation. (Nov 2015) (Deviation May 2026) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (Feb 2016) (Deviation May 2026) 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. (Sep 2023) (Deviation Mar 2026) 52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products. (Feb 2021) 52.240-90 Security Prohibitions and Exclusions Representations and Certifications. (DEVIATION Mar 2026)

Incorporated in Full Text –

Clause Title Date

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services. (Sep 2023) (Deviation Mar 2026) Addendum-

• Price.

The contractor shall submit an all-inclusive firm fixed price quote in response to this solicitation. All-inclusive is defined as all costs/expenses which include but are not limited to Federal/State/Local Taxes, TERO fees, Delivery, Shipping & Handling, Goods, and all other fees necessary to complete the work. The quote may be determined unacceptable and removed from further consideration of the quote contains incomplete pricing or verbiage which indicates that price is subject to change after award. The Contractor shall complete and submit Section B – Price, with the quote.

• Set-aside Compliance. The contractor shall complete and submit with the quote the DIAR IEE representation, 1452.280-4 Indian Economic Enterprise Representation (FEB 2021), included in this solicitation.

Incomplete information, alternate forms or substitutes shall not be accepted. Prospective contractors who do not qualify under the solicitation set aside will be removed from further consideration.

• Specification. The Quote shall include equipment specifications for the product being quoted, only.

Contractors shall not submit random marketing materials or catalogs with the quote.

Quote shall include new products only.

Quote shall not contain items which are out of stock or on back order.

• Delivery Lead Time. Quote shall list the delivery lead time.

• The contractor shall include a current point of contact information which includes first name, last name, e-mail, telephone number, and physical mailing address.

• The contractor shall acknowledge all amendments.

• The contractor shall be properly registered in SAM.gov to include small business status.

• The Government shall not be liable for any fees/costs incurred by quotation preparation. Preparing and submitting a quote in response to this solicitation is strictly voluntary.

• E-mail attachments shall be in PDF format and compatible with Microsoft Office software. NO zipped files permitted.

• All inquiries, questions, quotations, & amendments shall be submitted to: leahr.azure@bie.edu

52.212-2 Evaluation—Commercial Products and Commercial Services. (Nov 2021) (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 quotes:

Price – Price will be assessed for fair and reasonableness.

Product Specifications – All specifications will be assessed based on the criteria outlined in Section D.

Delivery Lead Time – Delivery lead time will be assessed for capability to delivery within 30 days ARO.

52.225-2 Buy American Certificate. (Oct 2022) (a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4) The terms “commercially available off-the-shelf (COTS) item,” “critical component,” "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(b) Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic content (yes/no)

(b)[List as necessary]

(c) Domestic end products containing a critical component:

Line Item No. ___ [List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

(End of provision)

52.233-2 Service of Protest Department of the Interior (JUL 1996) (Deviation)

(a) Protests, (as defined in FAR 33.102), that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), must be served on the Contracting Officer identified in the solicitation by obtaining written and dated acknowledgment of receipt from them.

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

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

Bureau of Indian Education Attn: Leah Azure 1011 Indian School Rd NW Albuquerque, NM 87104 Email: leahr.azure@bie.edu

2. DEPARTMENT OF THE INTERIOR ACQUISTION REGULUATION (DIAR) PROVISIONS

Clause Title Date

Incorporated by Reference – 1452.280-1 Notice of Indian small business economic enterprise set-aside. Feb 2021 1452.280-4 Indian Economic Enterprise representation. Feb 2021

Incorporated by Full Text –

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 it is 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)

140A2326Q0236 Mobile Interactive Playground