Sol_140R1722Q0041.pdf
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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
R17
Hwy 155, PO Box 620 Grand Coulee Acquisition Group Pacific Northwest Region Bureau of Reclamation
0009909943 CODE 16. ADMINISTERED BYCODE
X
X
X
335932
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORR17
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
08/17/2022 1700 PD
08/04/2022
5096336132Paula Gross (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140R1722Q0041
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 27 0040573818OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
Grand Coulee WA 99133
TELEPHONE NO.
17a. CONTRACTOR/
Yakima WA 98901-2058 1917 Marsh Road Yakima Field Office Bureau of Reclamation-PN-CCAO
15. DELIVER TO
Grand Coulee WA 99133 Hwy 155, PO Box 620 Grand Coulee Acquisition Group Pacific Northwest Region
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
1,000
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 SCHEDULE
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)
Bureau of Reclamation
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.
Delivery: 10/21/2022
00010 ELECTRICAL ITEMS, PER THE ATTACHED PRICE SCHEDULE
Product/Service Code: 6145 Product/Service Description: WIRE AND CABLE, ELECTRICAL
PER FAR PROVISION 52.211-6 - BRAND NAME OR EQUAL;
IF QUOTING OTHER THAN SPECIFIED, DESCRIPTIVE
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Paula Gross
. 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.
LITERATURE MUST BE PROVIDED.
PER FAR CLAUSE 52.211-16 - VARIATION IN QUANTITY;
THE PERMISSABLE VARIATION SHALL BE LIMITED TO A
5% INCREASE ON THE WIRE ONLY. THIS INCREASE SHALL
APPLY TO EACH QUANTITY OF ELECTRICAL WIRE
SPECIFIED IN THE PRICE SCHEDULE.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
27 2 of
Continuation of 1449 Block 20, Schedule of
Supplies/Services
MFR - OR EQUAL P/N Description QTY Unit
Price/Un it Total Cost
Old Castle Precast 17301186 Heavy Duty Box with Lid 17"x 30"x18" 5 ea
Raceways Technology &
Mfg, Inc.; OR Champion
Fiberglass
FGSW-2509036; OR
25D-XW-92-P
2-1/2" Diameter, 90° Sweep, 36" Radius, Non-Metallic
Conduit, Material: Fiberglass 1 ea
Prime Conduit, Inc. 49012-010
2-1/2" Diameter, Non-Metallic Conduit, Belled End, PVC, Schedule 40, Gray, 10 foot lengths 8 ea
Carlon/Thomas & Betts E997K 2-1/2" PVC Bell End 1 ea
Carlon/Thomas & Betts E943K 2-1/2" PVC Male Terminal Adapter 1 ea
Dottie LN250 2-1/2" Steel Lock nut 1 ea
Hubbell/Raco 1410
2-1/2", Insulated Bushing, Threaded, Impact Resistant, Non-Metallic. For use with Rigid Metal and IMC Conduit 1 ea Raceways Technology &
Mfg, Inc.; OR Champion
Fiberglass
FGSW-29036; OR
20D-XW-92-P
2" Diameter, 90° Sweep, 36" Radius, Non-Metallic
Conduit, Material: Fiberglass 20 ea
Carlon/Thomas & Betts UA9AJ
2" PVC 90 Elbow, Standard radius, belled end, Schedule
40 2 ea
Prime Conduit, Inc. 49011-020
2" Diameter, Non-Metallic Conduit, Belled End, PVC, Schedule 40, Gray, 20 foot lengths 135 ea
Carlon/Thomas & Betts E940J 2" PVC Couplers 54 ea
Carlon/Thomas & Betts E943J 2" PVC Male Terminal Adapter 30 ea
Carlon/Thomas & Betts UA7AJ
2" PVC 45 Elbow, Standard radius, belled end, Schedule
40 20 ea
Carlon/Thomas & Betts E997J 2" PVC Bell End 50 ea
JMC Steel/Wheatland
Tube 544020000
1" Rigid Conduit, Material: Hot-Galvanized Steel, Color:
Metallic. Includes: Standard Threaded Coupling, Length:
20 feet 1 ea
JMC Steel/Wheatland
Tube 544320000
2" Rigid Conduit, Material: Hot-Galvanized Steel, Color:
Metallic. Includes: Standard Threaded Coupling, Length:
20 feet 1 ea
Power Strut PS 1100 2 EG
2" Standard Strut Strap, Material: Steel, Finish: Electro
Galvanized 25 ea
Power Strut PS 1100 1 EG
1" Standard Strut Strap, Material: Steel, Finish: Electro
Galvanized 6 ea
Power Strut PS 500 S 10' PGAL
Strut Channel, Slotted Steel, Pre-Galvanized, 14 gauge, 1
5/8" x 13/16" x 10' 3 ea
Power Strut PS 200 S 10' PGAL
Strut Channel, Slotted Steel, Pre-Galvanized, 12 gauge, 1
5/8" x 1 5/8" x 10' 4 ea
Crouse-Hinds SL6 2" Steel Sealing Locknut 20 ea
Dottie LN200 2" Steel Lock nut 40 ea
Steel City/Thomas &
Betts LG-406 2" Grounding Lock nut, malleable iron 20 ea
Prime Conduit, Inc. 49008-020
1" Diameter, Non-Metallic Conduit, Belled End, PVC, Schedule 40, Gray, 20 foot lengths 2 ea
Prime Conduit, Inc. UA9AF
1" PVC 90 Elbow, standard radius, belled end, Schedule
40 4 ea
Carlon/Thomas & Betts E943F 1" PVC Male Terminal Adapter 6 ea
Hubbell/Raco 1408
2", Insulated Bushing, Threaded, Impact Resistant, Non-
Metallic. For use with Rigid Metal and IMC Conduit 50 ea
Hubbell/Raco 1404
1", Insulated Bushing, Threaded, Impact Resistant, Non-
Metallic. For use with Rigid Metal and IMC Conduit 10 ea
Appleton GK-200-V
Conduit Body Gasket, Type: Convertible Solid/Open, FM35 & FM85, Size: 2", Material: Composition Fiber. 4 ea
Kachess Dam New Generator Building Wiring Install
Price List for Solicitation 140R1722Q0041
140R1722Q0041 - Electrical Supplies BOR, Columbia-Pacific Northwest Region
Appleton K200
Conduit Body Cover, Type: Screw-On, FM35, Size: 2", Material: Stamped Steel. 4 ea
Appleton LB200M
2" Conduit Body, Type: LB, FM35, Material: Malleable
Iron, Includes: Built-In Pulling Rockers 4 ea
Appleton GK-250-300-V
Conduit Body Gasket, Type: Convertible Solid/Open, FM35 & FM85, Size: 2-1/2" - 3", Material: Neoprene. 1 ea
Appleton K250300
Conduit Body Cover, Type: Screw-On, FM35, Size: 2-1/2" -
3", Material: Stamped Steel 1 ea
Appleton LB250M
2-1/2" Conduit Body, Type: LB, FM35, Material: Malleable
Iron, Includes: Built-In Pulling Rockers 1 ea
Uni-Weld 2036S 1 Qt PVC Glue, All Weather Cement 5 ea
Dottie DU01 Red Detectable Tape 3 x 1000' 2 ea
Cooper B-Line 88ENK
Wireway Closure Plate, 8 x 8 Inch, Type 1, Steel, Painted
Gray, No Knockout 2 ea
Cooper B-Line 88C
Wireway Connector, Type 1, Lay-In, Screw Cover, Steel, ANSI 61 Gray Paint Powdered Finish, Size: 8 Inch x 8 Inch 2 ea
Cooper B-Line 88120GNK
Lay-In Type 1 Screw Cover Wireway, Straight Section, Size: 8 Inch Wide, 8 Inch Deep, 10 Foot Length, 14 Gauge 1 ea
Hoffman CSD303010
Concept Style Single Door Enclosure, Wall-Mount, Type
4/12, Enclosure, Size/Dims: 30 x 30 x 10 Inches, Material/Finish: Steel/Gray 1 ea
Eaton B-Line 127 TB
Meter Socket, 200 Amp, 3-Phase, 7 Jaw, Ring-Type, 4-
Wire, 600 Volt AC, Surface Mount, Top/Bottom Feed, Test
Block Bypass, NEMA 3R, 30 Inch Height x 14 Inch Width x
6 Inch Depth 1 ea
Eaton T20P11S3716
37.5 KVA, 1-Phase, 240 x 480 Primary Volts - 120/240
Secondary Volts, NEMA 1, General Purpose Transformer, Sand and Resin Encapsulated, 150 Degree C, Aluminum
Windings, 60 Hz operation, Frame Size: FR843. For
Outdoor use Weather Shield WS43. DOE 2016 Efficient.
***Reverse Feed Capable and for use with 3-Phase
Source by connecting primary to any two wires of a 3-
Phase System*** 1 ea
Indoor Panel Board with 100 A Main Breaker, 480/277 V, 3 Ph, 4 wire, 30 spaces, Bottom Fed, 14k AIC with
Integrated Surge Protection and Separate Ground and
Neutral Bussing. Must include the following Breakers: 1-
3 pole 60A, 1- 3 pole 50A, 1-3 pole 40A, 2-3 pole 30A, 2- 3 pole 20A and 2- 3 pole 15A. 1 ea
Eaton DH364URK
200 AMP, 3-Pole, Heavy Duty Safety Switch, Non-Fusible, 600 VAC, 250 VDC, NEMA 3R. Enclosure Dims: H: 27.63", W: 16.00", D: 6.14" 1 ea
Indoor Panel Board with 200 A Main Breaker, 480/277 V, 3 Ph, 4 wire, 42 spaces, Bottom Fed, 14k AIC with
Integrated Surge Protection and Separate Ground and
Neutral Bussing. Must include the following Breakers: 1-
3 pole 100A, 1- 3 pole 60A, 3-3 pole 50A, 2-3 pole 40A, 2-
3 pole 30, 2- 3pole 20 and 2- 3 pole 15A. 1 ea
Eaton P48G11S1526
Mini Power Center, 480v to 120/240v, 15KVA, Transformer/Panel Combo with the following Breakers: 1-
2 pole 30A, 1-2 pole 20A,3-1 pole 20A and 2- 1 pole 15A. 1 ea
Eaton P48G11S0512
Mini Power Center, 480v to 120/240v, 5KVA, Transformer/Panel Combo with the following Breakers: 1-
2 pole 30A, 1- 2 pole20A, 1-2 pole 15A, 3-1 pole 20A and 2-
1 pole 15A. 1 ea
Cerro Wire 112-5208
2/0 AWG, THHN/THWN-2, Stranded Copper, 19 strands, 600V, Brown 730 ft
Cerro Wire 112-5206
2/0 AWG, THHN/THWN-2, Stranded Copper, 19 strands, 600V, Orange 730 ft
Cerro Wire 112-5207
2/0 AWG, THHN/THWN-2, Stranded Copper, 19 strands, 600V, Yellow 730 ft
Cerro Wire 112-4702
1 AWG, THHN/THWN-2, Stranded Copper, 19 strands, 600V, White 730 ft
Cerro Wire 112-4505
3 AWG, THHN/THWN-2, Stranded Copper, 19 strands, 600V, Green 730 ft
Cerro Wire 112-4408
4 AWG, THHN, Stranded Copper, 19 strands, 600V, Brown 650 ft
Cerro Wire 112-4407
4 AWG, THHN, Stranded Copper, 19 strands, 600V, Yellow 650 ft
Cerro Wire 112-4205
6 AWG, THHN, Stranded Copper, 19 strands, 600V, Green 650 ft
Cerro Wire 112-5608
4/0 AWG, THHN/THWN-2, Stranded Copper, 19 strands, 600V, Brown 100 ft
Cerro Wire 112-5606
4/0 AWG, THHN/THWN-2, Stranded Copper, 19 strands, 600V, Orange 100 ft
Cerro Wire 112-5607
4/0 AWG, THHN/THWN-2, Stranded Copper, 19 strands, 600V, Yellow 100 ft
Cerro Wire 112-5002
1/0 AWG, THHN/THWN-2, Stranded Copper, 19 strands, 600V, White 100 ft
Cerro Wire 050-4400H 4 AWG, Bare, Stranded Copper, 7 strands, 200 Ft. Length 1 roll
Cerro Wire 112-3601J
12 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Black, 500 ft. Reel 1 roll
Cerro Wire 112-3603J
12 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Red, 500 ft. Reel 1 roll
Cerro Wire 112-3604J
12 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Blue, 500 ft. Reel 1 roll
Cerro Wire 112-3606J
12 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Orange, 500 ft. Reel 1 roll
Cerro Wire 112-3608J
12 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Brown, 500 ft. Reel 1 roll
Cerro Wire 112-3607J
12 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Yellow, 500 ft. Reel 1 roll
Cerro Wire 112-3602J
12 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, White, 500 ft. Reel 1 roll
Cerro Wire 112-3605J
12 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Green, 500 ft. Reel 1 roll
Cerro Wire 112-3801J
10 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Black, 500 ft. Reel 1 roll
Cerro Wire 112-3803J
10 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Red, 500 ft. Reel 1 roll
Cerro Wire 112-3804J
10 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Blue, 500 ft. Reel 1 roll
Cerro Wire 112-3806J
10 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Orange, 500 ft. Reel 1 roll
Cerro Wire 112-3808J
10 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Brown, 500 ft. Reel 1 roll
Cerro Wire 112-3807J
10 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Yellow, 500 ft. Reel 1 roll
Cerro Wire 112-3802J
10 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, White, 500 ft. Reel 1 roll
Cerro Wire 112-3805J
10 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Green, 500 ft. Reel 1 roll
Cerro Wire 112-3401J
14 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Black, 500 ft. Reel 1 roll
Cerro Wire 112-3403J
14 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Red, 500 ft. Reel 1 roll
Cerro Wire 112-3404J
14 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Blue, 500 ft. Reel 1 roll
Cerro Wire 112-3406J
14 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Orange, 500 ft. Reel 1 roll
Cerro Wire 112-3408J
14 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Brown, 500 ft. Reel 1 roll
Cerro Wire 112-3407J
14 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Yellow, 500 ft. Reel 1 roll
Cerro Wire 112-3409J
14 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Purple, 500 ft. Reel 1 roll
Cerro Wire 112-3402J
14 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, White, 500 ft. Reel 1 roll
Cerro Wire 112-3405J
14 AWG, THHN/THWN, Stranded Copper, 19 strands, 600V, Green, 500 ft. Reel 1 roll
Atkore (AFC Cable
Systems) A004-42-00
12/2 Copper Conductors with Ground, 600V, Interlocked
Aluminum Armor, Solid, Wire Colors (120 Volt): Black, White, Green. O.D.: .460", 250 ft coil 1 roll
Arlington 38A
3/8 inch, MC Connector. Material: Zinc Die Cast, 1/2 inch, KO Size. Cable Range .405- .612. Provided with Insulated
Throat 50 ea subtotal -$
FOB DESTINATION
Total Est Cost
Clauses
52.212-4 CONTRACT TERMS AND CONDITIONS –COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2021)
---Addendum to 52.212-4---
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.
Also, the full text of a clause may be accessed electronically at this/these address(es):
Federal Acquisition Regulation: https://www.acquisition.gov/far
Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar
(End of clause)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.211-16 VARIATION IN QUANTITY (APR 1984)
(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.
(b) The permissible variation shall be limited to:
_5_ Percent increase
_0_ Percent decrease
This increase or decrease shall apply to each quantity specified for Wire in the price schedule
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (NOV 2021)
DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE
PROCESSING PLATFORM (IPP) (APR 2013)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's
Invoice Processing Platform System (IPP).
'Payment request' means any request for contract financing payment or invoice payment by the
Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4
Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
The Contractor shall also submit an electronic copy of the IPP invoice to PGROSS@USBR.GOV once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone
(866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause) http://www.acquisition.gov/far http://www.acquisition.gov/diar https://www.ipp.go/ mailto:PGROSS@USBR.GOV mailto:IPPCustomerSupport@fiscal.treasury.gov
--- End of Addendum to 52.212-4---
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES
OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(MAY 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or
Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of
Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-
232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, 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 products and commercial services:
[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate
I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment
Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun
2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
[ ] (5) [Reserved].
[ ] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section
743 of Div. C).
[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct
2016) (Pub. L. 111-117, section 743 of Div. C).
[X] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).
[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct
2018) (41 U.S.C. 2313).
[ ] (10) [Reserved].
[ ](11)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep2021) (15 U.S.C. 657a).
[ ](12)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer)
(15 U.S.C. 657a).
[ ] (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) of 52.219-6.
[ ] (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-7.
[ ] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
[ ](17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (Nov 2016) of 52.219-9.
[ ] (iii) Alternate II (Nov 2016) of 52.219-9.
[ ] (iv) Alternate III (Jun 2020) of 52.219-9.
[ ](v) Alternate IV (Sep 2021) of 52.219-9
[ ] (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-13.
[ ](19) 52.219-14, Limitations on Subcontracting (Sep2021) (15 U.S.C. 637(a)(14)).
[ ](20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.
637(d)(4)(F)(i)).
[ ](21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside
(Sep2021) (15 U.S.C. 657f).
[X](22) (i) 52.219-28, Post Award Small Business Program Representation (Sep2021) (15 U.S.C.
632(a)(2)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-28.
[ ](23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (Sep2021) (15 U.S.C. 637(m)).
[ ](24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small
Business Concerns Eligible Under the Women-Owned Small Business Program (Sep
2021) (15 U.S.C. 637(m)).
[ ](25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar2020) (15 U.S.C.
644(r)).
[ ](26) 52.219-33, Nonmanufacturer Rule (Sep2021) (15U.S.C. 637(a)(17)).
[X] (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
[X](28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)
(E.O.13126).
[X] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X] (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
[ ] (ii) Alternate I (Feb 1999) of 52.222-26.
[ ] (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (Jul 2014) of 52.222-35.
[X] (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.
793).
[ ] (ii) Alternate I (Jul 2014) of 52.222-36.
[ ] (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496).
[X] (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and
E.O. 13627).
[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (36) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)
[ ] (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated
Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential
Hydrofluorocarbons (Jun 2016) (E.O. 13693).
[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (Jun 2016) (E.O. 13693).
[ ] (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s
13423 and 13514).
[ ] (ii) Alternate I (Oct 2015) of 52.223-13.
[ ] (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (Jun2014) of 52.223-14.
[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.
8259b).
[ ] (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct
2015) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (Jun 2014) of 52.223-16.
[X] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun
2020) (E.O. 13513).
[ ] (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
[ ] (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
[ ] (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
[ ] (ii) Alternate I (Jan 2017) of 52.224-3.
[X] (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).
[ ] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 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).
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States
(Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for
Fiscal Year 2008; 10 U.S.C. 2302Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov
2007) (42 U.S.C. 5150).
[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial
Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[ ] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov
2021) (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
(Oct2018) (31 U.S.C. 3332).
[ ] (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) (31 U.S.C. 3332).
[ ] (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[ ] (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[ ] (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
[ ] (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021)
(46 U.S.C. 55305 and 10 U.S.C. 2631).
[ ] (ii) Alternate I (Apr 2003) of 52.247-64.
[ ] (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
[ ] (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) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements
(May 2014) (41 U.S.C. chapter 67).
[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan
2022).
[ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42
U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the
Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products and commercial services.
Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or
Statements (Jan 2017) (section 743 of Division E, Title VII, of the
Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section
1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of
Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 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 (Aug 2018) (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and
E.O 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and
E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain
Equipment- Requirements (May2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to
Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
(Jan 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan
2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United
States (Oct 2016) (Section 862, as amended, of the National Defense
Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Nov 2021) (42
U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)
(46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
PROVISIONS
52.212-1 INSTRUCTIONS TO OFFERORS–COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (NOV2021)
---Addendum to 52.212-1---
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
Federal Acquisition Regulation: https://www.acquisition.gov/far
Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar
(End of provision)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)
52.211-6 BRAND NAME OR EQUAL (AUG 1999)
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:
140R1722Q0041 - Electrical Supplies BOR, Columbia-Pacific Northwest Region http://www.acquisition.gov/far http://www.acquisition.gov/diar
"This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."
(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.
(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.
(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government.
However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the
Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.
---End of Addendum to 52.212-1---
52.212-2 EVALUATION-COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
LOWEST PRICE, TECHNICALLY ACCEPTABLE
(b) Options. 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. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise 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 of Addendum to 52.212-2---
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management
(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.
(a) Definitions. As used in this provision—
“Covered telecommunications equipment or services” has the meaning provided in the clause
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video
Surveillance Services or Equipment.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-
9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007
(Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of
2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets
Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education;
or
(6) Have been voluntarily suspended. "Sensitive technology"—
Sensitive technology—
140R1722Q0041 - Electrical Supplies BOR, Columbia-Pacific Northwest Region http://www.sam.gov/
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in
Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the
International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).
Small business concern—
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR
121.103.
Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR
124.105) by—
(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding
$750,000 after taking into account the applicable exclusions set forth at 13
CFR124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at
13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation
Veteran-owned small business concern means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38
U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
Women-owned small business concern means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women;
and
(2) Whose management and daily business operations are controlled by one or more women.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and…
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