Sol_140L0121Q0021.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

LWA

Washington DC 20003 20 M Street SE

BLM ACQ & FA (WO855)

0004276328 CODE 16. ADMINISTERED BYCODE

X

X

X

561499

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLEA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/06/2021 1700 ES

07/21/2021

(303)2361447Frank Palmer (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L0121Q0021

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 36 0040529114OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Falls Church VA 22041 5275 Leesburg Pike

BLM-ES EASTERN STATES*

15. DELIVER TO

SPRINGFIELD VA 22153

7450 BOSTON BLVD.

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BLM ES-STATE OFC BUS&ADM SVC(ES952)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

This requirement is for the supply and installation of File Storage Cabinets for the Bureau of Land Management's Eastern State Office in Falls Church, VA.

Please respond to this solicitation in accordance with the Instruction to Offerors beginning on page 15 of this solicitation.

A site visit can be arranged with any perspective vendors. Timing will be set by BLM Contracting in

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Steven Rawlings

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

coordination with Eastern States staff.

Delivery: 11/30/2021

Period of Performance: 09/01/2021 to 11/30/2021

00010 File Storage Cabinets in accordance with the attached statement of work.

Product/Service Code: N075

Product/Service Description: INSTALLATION OF

EQUIPMENT- OFFICE SUPPLIES AND DEVICES

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

36 2 of

140L0121Q0021_File Cabinets Page 3 of 36

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): FAR Clauses – https://www.acquisition.gov/far/

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL ITEMS (OCT 2018)

ADDENDUM TO 52.212-4

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

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within one day.

(End of Clause)

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

2013)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.242-15 STOP-WORK ORDER (AUG 1989)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

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

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

(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).

140L0121Q0021_File Cabinets Page 4 of 36

'Payment request' means any request for contract financing payment or invoicing 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.

The Contractor shall also submit an electronic copy of the IPP invoice to the Contract Specialist at fpalmer@blm.gov and the Contracting Officers Representative at bforbes@blm.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 Boston (FRBB) 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 ippgroup@bos.frb.org 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)

1452.201-70 Authorities and Delegations (Sep 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum.

The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, mailto:fpalmer@blm.gov

140L0121Q0021_File Cabinets Page 5 of 36 when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of Clause)

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

ORDERS-COMMERCIAL ITEMS (JAN 2021)

(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 items:

(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 (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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 items:

[_] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[_] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)

[_] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

140L0121Q0021_File Cabinets Page 6 of 36

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

[_] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (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) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

[_](ii) Alternate I (Mar 2020) of 52.219-3.

[_] (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[_] (ii) Alternate I (Mar 2020) of 52.219-4.

[_] (13) [Reserved]

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

[_] (ii) Alternate I (Mar 2020).

[_] (iii) Alternate II (Nov 2011).

[_] (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.

[_](iii) Alternate II (Mar 2004) of 52.219-7.

[_] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

[_] (17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (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 (Mar 2020) of 52.219-9.

[_](iv) Alternate IV (AUG 2018) of 52.219-9.

140L0121Q0021_File Cabinets Page 7 of 36

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

[_](19) 52.219-14, Limitations on Subcontracting (Mar 2020) (DEVIATION 2019-O0003)(15 U.S.C.

637(a)(14)).

[_] (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

[_] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020)(15 U.S.C. 657f).

[X](22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C.

632(a)(2)).

[_] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

[_](24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business ConcernsEligible Under the Women-Owned Small Business Program (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(a)(17)).

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

[_] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

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

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

(ii) Alternate I (FEB 1999) of 52.222-26.

[_](31)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

(ii) Alternate I (JULY 2014) of 52.222-35

[X](32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JULY 2014) (29 U.S.C. 793).

(ii) Alternate I (JULY 2014) of 52.222-36

[_] (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (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 (OCT 2020) (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 (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

140L0121Q0021_File Cabinets Page 8 of 36

[_](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 (Dec 2007) (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 (Aug 2011) (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. 552a).

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

[X] (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

[_] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note.

[_] (ii) Alternate I (May 2014) of 52.225-3.

[_] (iii) Alternate II (May 2014) of 52.225-3.

[_] (iv) Alternate III (May 2014) of 52.225-3.

[_] (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

140L0121Q0021_File Cabinets Page 9 of 36

[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (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. 2302 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 (JUN 2020).

[_] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[_](57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

[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 (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

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

[_] (ii) Alternate II (FEB 2006) 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 items:

[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[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).

[_] (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) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

140L0121Q0021_File Cabinets Page 10 of 36

[_](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 Under Executive Order 13658 (NOV 2020)

[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

[_] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (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, 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 items. 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 (JUN 2020) (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

140L0121Q0021_File Cabinets Page 11 of 36

Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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 (Aug2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) 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 (MAY2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (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. Appx. 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

**END OF CLAUSES**

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ATTACHMENT A – STATEMENT OF WORK/SPECIFICATIONS

File Storage Cabinets July 19, 2021

1.0 Introduction

1.1 The Bureau of Land Management Eastern States Office (BLM-ES) recently relocated its State Office to 5275 Leesburg Pike, Falls Church, VA 22041. BLM-ES was unable to transport the existing high-density shelving units to the new space due to space constraints and floor load concerns. As the organization works to settle into the new space, BLM-ES is seeking a storage solution that preserves order, conditions, and integrity of the files, while promoting safety and ease of use. The file collection consists primarily of active business files which must be maintained in a sequential order. Some of the information contained in the files may be confidential business information and may contain certain instances of personally identifiable information, which must be properly secured according to federal regulations. This document provides a general description of the requirements to successfully procure and install shelving units for BLM-ES business use.

2.0 Scope

2.1 BLM-ES is seeking a specialized vendor, here in referred to as the Contractor, to appropriately assess and measure the space for the appropriate shelving units, work with BLM and other building and engineering stakeholders to account for floor load requirements, recommend, procure, assemble, and install appropriate storage units. When the project is completed, the expectation would be that the storage solution has been recommended to the government and approved by the BLM for purchase, procured by the Contractor, fully delivered, assembled, and properly installed, so the units are ready to be populated with key business files.

2.2 Any proposed solution must meet the following objectives:

2.2.1 Improve the ability to locate and access files.

2.2.2 Increase the speed of retrieval for cases and records and allows for easier storage.

2.2.3 Create the ability to organize files according to the BLM Eastern States file plan.

2.2.4 Secure any sensitive information, including confidential business information, personally identifiable information, or similarly sensitive information in accordance with Government requirements.

2.2.5 Provide labor to conduct all planning, measuring, delivery, assembly, installation, and oversight.

3.0 Period of Performance

3.1 Delivery and Installation to be completed within 90 days from the date of award.

4.0 Dockets Business File Collection Description

4.1 The files are currently stored in drawers and filing cabinets throughout the office. Primarily the files consist of large and small, labeled manilla office folders. There is a small amount of miscellaneous business-related materials.

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4.2 The approach should take the protection of confidential business information, personally identifiable information, and other similar sensitive types of information into account when working with the Eastern States Records Administrator.

5.0 Specific Requirements

The project will require the Contractor to complete the following:

5.2.1 Conduct a needs assessment to ascertain a file storage approach and solution to meet the needs of Eastern States while accounting for ease of use, safety, ergonomics, and quick and easy access to files.

5.2.2 Develop the and finalize requirements for new file storage units. Requirements must consider spatial constraints of the office (detailed in a walkthrough tour before the bid process) and floor load capacities verified by various engineers on staff and with the building owner and/or property management company.

5.2.3 Recommend a storage solution compliant with all relevant ergonomic and accessibility design standards.

5.2.4 Provide project management oversight for the entire length of the project, from recommendation storage units to full implementation, and installation of the solution.

5.2.5 Assemble any shelving, drawers or other equipment required to implement the file storage solution according to the design and project plan.

5.2.6 Facilitate delivery and installation of any components of the shelving solution.

5.2.7 Furnish dollies, hand trucks, book carts and cans, computer carts, glass packing/cartons, and any other type of equipment commonly used to deliver, assemble, and install shelving. Hand trucks, dollies and book carts MUST have soft rubber wheels. NO metal or hard rubber wheels shall be used in the performance of this contract. All wheels shall be clean and free of grease, tar, dirt, etc. Pallet jacks cannot be used.

5.2.8 Work in cooperation with, and at the direction of BLM staff.

5.2.9 Remove all project associated excess materials and debris from the office of the government as directed.

6.0 Protection

6.1 The Contractor shall:

6.1.1 Furnish padding and/or other protective material for the interior of the buildings, including protection for the elevators and walls, all interior finishes, including but not limited to: elevator doors and interior, doorframes, stone tile floors, carpet, drywall, wood doors, glass side lights, door hardware, wall fabric, systems furniture, stone wall, etc.

6.1.2 Be responsible for the day-to-day inspection and monitoring of all work performed to ensure compliance with the contract requirements.

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6.1.3 As required, the BLM will provide the Contractor space for the temporary storage of hand trucks, dollies, packing material, and other equipment being used in the performance of a job.

7.0 Security Requirements

7.1 The Contractor must furnish the name, address, date and place of birth, and citizenship of their employees at the request of the BLM. Personnel will be escorted by BLM staff during the performance of any work that requires the Contractor to be on site.

9.0 Damages

9.1 Report of Damages: The BLM will provide a written list of items found to be damaged during the project to the Contractor within fifteen (15) working days after the completion of the project. This list shall include records, shelving, storage units, and finishes, such as walls, carpet, etc., as well as damages to grounds landscaping such as shrubs, lawns, etc.

9.2 Repairs: The Contractor and the BLM shall visually inspect the damaged item(s) and mutually agree upon a time frame for repairing or replacing the damaged item(s); but in no case shall the repair time be later than 60 days after the Contractor has been notified of the damage. Except when loss and/or damage arises out of causes beyond the control and without the fault or negligence of the Contractor, the Contractor shall assume full liability for any and all goods lost and/or damaged in the course of the project covered by the contract and provide full replacement value for the damaged item.

10.0 Laws, Ordinances, and Building Regulations:

10.1 The Contractor and its employees shall comply with all host activity, local, state, and federal laws, ordinances, and regulations governing the performance of services required hereunder and shall comply with all instructions pertaining to the conduct of persons on government premises as may be issued by the BLM.

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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):

FAR Provisions – https://www.acquisition.gov/far/

(End of Provision)

52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN 2020)

This is a requirement for a Firm-Fixed Price Contract. The period of performance will be approximately 90 days from the notice to proceed. This award shall be made on Best Value. Best Value means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. The evaluation factors are listed below and in Provision 52.212- 2 of this solicitation. Please document the required technical expertise and knowledge indicated in sections 2.0 and 5.0 of the Statement of Work (SOW), past performance, and provide a pricing schedule.

Facsimile submissions are not authorized for this solicitation. This solicitation does not commit the Government to pay any costs for the preparation and submission of a quote in response to this Request for Quote. All technical questions or questions regarding the SOW shall be submitted by email only to fpalmer@blm.gov. The final day for question submission is Friday, July 30, 2021 at 3:00 pm Eastern Time. The Offeror must submit a quote in accordance with the instructions in this Request for Quote and must reference each of the Government’s evaluation factors followed by the offeror’s response in the order listed below and in solicitation provision 52.212-2 Evaluation - Commercial Items (Oct 2014).

The Offeror shall submit an electronic response of the technical quote via email to fpalmer@blm.gov.

The information provided shall be concise, factual and complete. The maximum page count for the technical submission is 50 single-sided, size 8.5” x 11”, font type Times New Roman, font size 12.

Proposals that merely offer to provide the services as described in the SOW will not receive further consideration for award. The Offeror shall offer best pricing upfront and shall submit one electronic response of the price quotation. In response to this solicitation, the Contractor shall quote the cost of completing the tasks identified in sections 2.0 and 5.0 of the SOW and provide a pricing schedule. The cover page shall be the originally signed SF-1449. The signature shall be that of an authorized agent of the company. To be considered responsive, completed technical and pricing responses must be sent electronically via email to fpalmer@blm.gov and received no later than the closing date and time of this solicitation. As a result of this solicitation, the Government intends to award a single Firm-Fixed Price contract. The award shall be made to the offeror whose quote is determined to represent the best value to the Government, technical, past performance, and price. As the technical merits of the quotes become more equal, price may become the determining factor.

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EVALUATION FACTORS

The evaluation factors for this solicitation are as follows:

Factor 1: Technical Capabilities

Offeror shall submit a technical proposal to address, at a minimum, the following items:

1) Knowledge and Skill

a) Provide a detailed description of knowledge, experience, and skill on how you would meet the requirements listed in sections 2.0 and 5.0 of the statement of work.

b) Provide a detailed description of the proposed Filing Cabinets.

Include only information relevant to this project and the contractor's proposal only. Provide a narrative which addresses each item described above, at a minimum.

FACTOR 2 – Past Performance

Provide a list of at least three (3) projects similar in type, complexity, and magnitude completed within the last five (5) years. Include a brief narrative of the projects to show relevancy to the work described in the attached Statement of Work. It is desirable, but not required, that references be other Federal Agencies.

Provide past performance references including, at a minimum, the following information:

1. Name of Project

2. Location of Project

3. Contract Number

4. Period of Performance

5. Total cost for Project

6. Name of Agency/Entity

7. Point of Contact for Agency/Entity (including Phone & Fax Numbers)

8. Complete and thorough description of services performed (to show specific relevancy to this project).

Description should include specifics about the scope of projects completed. This information is requested to assist in evaluation of relevancy to this project in terms of type, complexity, and magnitude. Submissions that do not include past performance will be given a neutral rating.

FACTOR 3 – Price

Offeror to complete the Standard Form (SF) 1449 and indicate a cost for the required File Cabinets

Evaluation Standards:

Factors 1 and 2 are of equal importance and both more important than Factor 3. The price proposals

140L0121Q0021_File Cabinets Page 17 of 36 will be evaluated for price reasonableness and any instances of unbalanced pricing. As the technical merits of the quotes become more equal, price may become the determining factor.

BEST VALUE/CONTRACTOR SELECTION AND AWARD APPROVAL. The best value/contractor selection criteria in the solicitation are as follows:

Award will be made to that offeror whose proposal is the most advantageous to the Government and demonstrates that (1) it meets the technical requirements of the solicitation and (2) the proposal’s technical/cost relationship represents the best value to the Government. Evaluation factors other than cost or price, when combined, are SIGNIFICANTLY MORE IMPORTANT THAN price in the award decision. The critical factor in making any cost/technical tradeoff is not the spread between the technical scores but, rather, the significance of that difference. The significance of the spread of scores will be determined on the basis of what the difference might mean in terms of performance and what it would cost the Government to take advantage of it. Award may not necessarily be made for technical capabilities that would appear to exceed those needed for the successful performance of the work. The Government reserves the right to make cost/technical tradeoffs that are in the best interest and advantageous to the Government. The Government may reject any or all offers if such action is determined to be in the best interest of the Government.

EVALUATION CRITERIA

Technical Proposal Adjectival Rating Evaluation Criteria

OUTSTANDING: Meets or greatly exceeds the stated requirements. Demonstrates an exceptionally thorough approach and fully comprehensive understanding of the requirement. The approach is in-depth, clear, and uniformly exceptional in quality. Consistently high quality performance can be expected. Strengths far outweigh any weaknesses. One or more significant strengths, exceptional features, innovations, or unique solutions exist which provide substantial additional benefit or appreciably reduce the risk of unsuccessful performance. Very few weaknesses exist. No significant weaknesses and no deficiencies exist. Risk of unsuccessful performance is extremely low.

GOOD: Meets or exceeds the stated requirements. Demonstrates a thorough approach and comprehensive understanding of the requirement. The approach is clear and uniformly high in quality.

Consistent quality performance can be expected. Strengths more than outweigh weaknesses. One or more strengths, features, innovations, or solutions exist which provide additional benefit or reduce the risk of unsuccessful performance. Very few or no significant weaknesses exist. No deficiencies exist.

Risk of unsuccessful performance is very low.

ACCEPTABLE: Meets the stated requirements. Demonstrates an adequate approach and satisfactory understanding of the requirement. The approach is comprehensible and uniformly satisfactory in quality. Satisfactory performance can be expected. Strengths generally tend to outweigh weaknesses.

Features, innovations, or solutions may exist however they may not directly provide benefit or reduce the risk of unsuccessful performance. No deficiencies exist. Risk of unsuccessful performance is low or moderate.

MARGINAL: Fails to clearly meet the stated requirements. Does not demonstrate an acceptable approach or clear understanding of the requirement. The approach is not fully comprehensible or it is

140L0121Q0021_File Cabinets Page 18 of 36 less than satisfactory in quality. Satisfactory performance cannot be fully expected. Weaknesses generally outweigh Strengths. Unclear as written. Requires revision to clearly meet the stated requirements. Appears to be possible to correct with a reasonable amount of time & effort. At least one deficiency exists. Risk of unsuccessful performance is moderate or high.

UNACCEPTABLE: Fails to meet the stated requirements. Fails to demonstrate a minimally acceptable approach or indicates a significant lack of understanding of the requirement. The approach is incoherent, or it is unsatisfactory in quality. Unsatisfactory performance can be expected. Weaknesses far outweigh Strengths. Unsatisfactory as written. Requires complete revision to meet the stated requirements which will likely require significant time and effort to address and may be difficult or impossible to correct. At least one deficiency exists. Risk of unsuccessful performance is high.

(End of provision)

ADDENDUM TO 52.212-1

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

52.204-7 SYSTEM FOR AWARD MANAGEMENT (Oct 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

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)

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:

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'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.