Sol_140R2026Q0099.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3.AWARD/EFFECTIVE

DATE

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

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

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

. YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

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

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

DATED.

OFFER

ADDENDA

ADDENDA

140R2026Q0099

See Schedule See Schedule

Bureau of Reclamation Mid-Pacific Region Regional Office Division of Acquisition Services 2800 Cottage Way, Room E-1815 Sacramento CA 95825-1898

07/10/2026 1100 PD

Erma Clark 9169785151

R20 100.00

R20

339991

07/01/2026

ADMINISTERED BY:

Mid-Pacific Region

Regional Office

Division of Acquisition Services

2800 Cottage Way, Room E-1815

Continued...

STOCK RECORD (S/R)

STANDARD FORM 1449 (REV. 11/2021) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

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

36. PAYMENT

COMPLETE PARTIAL FINAL

ACCEPTED,

Sacramento CA 95825-1898 US

Complete Pricing Schedule in the following

Solicitation document.

Solicitation

Central California Area Office (CCAO) Penstock Packing

Contracting Office:

California-Great Basin

2800 Cottage Way Sacramento, CA 95825

GENERAL INFORMATION

Solicitation Number: 140R2026Q0099

Request for Quotation (RFQ) Request for Proposal (RFP) Invitation for Bid

(IFB)

North American Industry Classification Code (NAICS): 339991 Size Standard: 600 employees

Offerors must be registered in System for Award Management (SAM.gov) with completed Representations and Certifications by the closing date of the solicitation in order to be considered for award. SAM is an official website of the U.S. Government and there is no cost to register in SAM.gov.

This requirement is being solicited as a total small business set aside.

Submission is due no later than (NLT) 11am Pacific Daylight Time (PDT), Friday, July 10, 2026

Quote Submission: Via email to erma_clark@ios.doi.gov. ALL documents must be in .pdf format.

Contact Information: Erma Clark

Quote shall be valid for 90 days from the submission due date.

Documents necessary for quote submission:

1 – Completed pages 5 and 6 of this document.

2 – Quoter verifies by submission of this quote that their representation and certifications in SAM.gov has been entered or updated within the last twelve (12) months and are current, accurate, complete, and applicable to this solicitation (Business Size and NAICS).

3 – Refer to Provisions 52.212-1 Addendum, Instructions to Offerors – Commercial Products and Commercial Services and 52.212-2 Evaluation – Commercial Product and Commercial Services on pages 15 and 16 for more details.

mailto:erma_clark@ios.doi.gov

BUSINESS INFORMATION

Business Name: _____________________________________

UEI Number/Cage Code: ___________________

Business Size (circle one): Large Small

PRICING SCHEDULE

CLIN # Description Quantity Unit of

Issue Unit Price Delivery

Lead Time Total Price

This requirement is for brand name New England Braiding Company Incorporated

(NEBCO™).

Contractor must supply NEBCO™ styles listed within the Specifications.

An ‘equal’ quoted product will not be accepted.

All unit prices submitted are Firm Fixed Price (FFP) throughout the entire duration of the contract.

Quoter must quote ALL line items to be considered. A partial quote will not be accepted.

Quoted price must include any shipping, transportation, and delivery charges to FOB destination.

00010 NEBCO™ 1”

Style 274

AKII®

Hydropacking®

Precut 190” roll

6 Roll (RO) $ $

00020 NEBCO™ 1”

Style 274 SC

AK II®

Vibradamp®

4 Roll $ $

Total Price Proposed: $

SPECIFICATIONS

1.0 BACKGROUND

Bureau of Reclamation’s (BOR) CCAO has a requirement to procure replacement packing for a leaking penstock expansion joint on Folsom Unit Two (2).

i. For hydroelectric water system (penstock) application.

ii. Fresh (raw) lake water.

iii. Temperature ranges from 32°F to 160°F.

iv. Maximum pressure: Approximately 200 PSI.

v. Stationary surface, sliding allowed for thermal expansion.

vi. Non-abrasive.

vii. Flexible.

viii. Extrusion resistant.

ix. One (1) inch interlocking Anti-Keystone® II shape.

x. Continuous pre-cut sections for 15’-8” inner diameter, 15’-9” outer diameter.

xi. Combination of primary sealing rows and vibration dampening rows to fill gland space completely, maintain constant shape around the entire penstock diameter, and seal expansion joint completely with zero leakage.

2.0 REQUIRED PRODUCTS

All products must be in new condition. Prototypes, demonstration models, used, or refurbished/remanufactured equipment will not be considered for award.

This is a brand name requirement for New England Braiding Company Incorporated (NEBCO™).

NEBCO™ Engineering Design:

The Anti-Keystone® II shape, a rectangle over a trapezoid, is a proprietary, interlocking design that ensures a constant seal around the entire penstock diameter. This is essential for maintaining zero leakage in hydroelectric penstock expansion joints, especially under fluctuating pressure and temperature conditions. The shape ensures that the continuous, pre-cut sections:

i. Maintains constant shape when wrapped around the penstock inner diameter to precisely fill the penstock packing box space.

ii. Increases side to side contact between adjacent rings that leads to better seating upon compression.

iii. Reduces friction on inner diameter, allowing sliding action needed for thermal and dynamic expansion with less risk of "rolling" packing material, extending the service life of this material over conventional packing material.

NEBCO™ Material Composition:

i. Expanded PTFE/Graphite Composite Fiber: Offers exceptional chemical resistance, flexibility, and extrusion resistance—critical for raw lake water applications with temperature ranges from 32°F to 160°F and pressures up to 200 PSI.

ii. Meta-aramid Reinforcement: Diagonally braided for enhanced strength and durability, ensuring longevity and reliability in demanding hydroelectric environments.

iii. Style 274 AKII® Hydropacking® material contains the primary and secondary material above which compresses easily to achieve zero leakage.

iv. Style 274SC AKII® Vibradamp® Hydropacking® material contains the above primary and secondary material with additional five silicone (O-ring) cores that resist compression, maintaining shape and spacing for vibration control and gland fill. This combination is engineered to fill the gland space completely, dampen vibration, and ensure a robust seal.

NEBCO™ Proven Performance:

The Anti-Keystone® II packing is specifically designed for stationary surfaces with sliding allowed for thermal expansion, non-abrasive environments, and flexible, extrusion-resistant requirements, matching the operational needs of Bureau of Reclamation hydroelectric penstocks. The packing material is regularly specified in Reclamation standard specifications for all hydroelectric and large pump applications.

Compatibility and Fit:

The expansion joint requires continuous, pre-cut sections with exact dimensions and interlocking Anti- Keystone® II shape. Other brands do not offer this proprietary geometry or guarantee a fit for the specified penstock diameters and gland space.

Material and Construction:

No alternative manufacturer provides the same combination of expanded PTFE/graphite composite fiber and Meta-aramid reinforcement, nor the dual-row system (primary sealing and vibration dampening) with silicone O-ring cores. These features are unique to NEBCO™ and are essential for achieving zero leakage and vibration control under the specified conditions.

Performance Guarantee:

BOR’s acceptance criteria require zero leakage and complete gland fill, which is only achievable with the Anti- Keystone® II packing. Substitutes may compromise operational integrity, increase maintenance, or fail to meet federal safety and performance standards.

Risk Mitigation:

Using non-brand or generic packing risks improper sealing, extrusion, or vibration issues, potentially leading to operational failures, water loss, or environmental hazards. Only NEBCO™’s packing is proven and specified for this application.

2.1 NEBCO™ 1” Style 274 AKII® Hydropacking®

i. Six (6) Primary sealing rows.

ii. Primary sealing yarn: expanded PTFE/graphite composite fiber.

iii. Secondary reinforcement yarn: Meta-a ram id yarn diagonally braided.

iv. Compresses easily to seal expansion joint with zero leakage.

2.2 NEBCO™ 1” Style 274-SC AKII® Vibradamp® Hydropacking®

i. Four (4) Secondary vibration dampening rows.

ii. Primary sealing yarn: Expanded PTFE/graphite composite fiber.

iii. Secondary reinforcement yarn: Meta-a ram id yarn diagonally braided.

iv. Five (5) silicone (O-ring) cores.

v. Resists compression to maintain shape for constant spacing around entire diameter of penstock.

Item Product Quantity

2.1 NEBCO™ 1” Style 274 AKII®

6 rolls

2.2 NEBCO™ 1” Style 274 SC

AKII® Vibradamp®

4 rolls

3.0 DELIVERY

BOR – CCAO – Folsom Dam 7794 Folsom Dam Road Folsom, CA 95630

4.0 DELIVERY SCHEDULE

Task Deliverable Frequency Receiver Remarks

1 1. NEBCO™ 1”

Style 274 AKII®

2. NEBCO™ 1”

Style 274 SC

AKII®

Vibradamp®

1 trip COR Ensure all materials are secure on pallets for offloading from delivery truck with Government forklift.

5.0 ACCEPTANCE CRITERIA

All items must be brand name, New England Braiding Company Incorporated (NEBCO™).

The Contractor shall protect the required items from cuts, crushing, and all other types of damage during storage, handling, and delivery.

Any damage that is found upon delivery and prior to acceptance shall be replaced at the Contractor’s expense.

Government personnel will inspect upon delivery and prior to acceptance.

6.0 SECURITY

CCAO is a secure Government facility. A valid Government issued real ID or passport is required for deliveries.

7.0 PERIOD OF PERFORMANCE

Forty-five (45) days from award date.

8.0 TYPE OF CONTRACT

The Government intends to award a Firm Fixed Price (FFP) type of contract.

9.0 HOURS OF OPERATION

The Contractor is responsible for conducting business between the hours of 7:00 am to 3:30 pm Pacific Daylight Time (PDT), Monday through Friday except Federal holidays, when the Government facility is closed due to administrative closings, or similar Government directed facility closings.

Contractor will not be reimbursed when the Government facility is closed for any of the above reasons.

10.0 RECOGNIZED HOLIDAYS

The Contractor shall not attempt to make deliveries on the following recognized holidays:

New Year’s Day Martin Luther King Jr.’s Birthday President’s Day Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Christmas Day

END OF SPECIFICATIONS

COMMERCIAL 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. Full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/ http://www.acquisition.gov/far-overhaul

The clauses below are hereby incorporated by reference:

Clause Title Date 52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

(DEVIATION) MAR

52.204-13 System for Award Management Maintenance (DEVIATION) MAR

52.204-19 Incorporation by Reference of Representations and Certifications DEC 2014 52.209-6 Protecting the Government's Interest When Subcontracting With

Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

(RFO DEVIATION)

MAY 2026

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (RFO DEVIATION)

MAR 2026

52.219-1 Small Business Program Representations (RFO DEVIATION)

MAY 2026

52.219-6 Notice of Total Small Business Set-Aside (RFO DEVIATION)

JAN 2026

52.219-28 Post Award Small Business Program Representation (RFO DEVIATION)

JAN 2026

52.222-3 Convict Labor (RFO DEVIATION)

MAY 2026

52.222-19 Child Labor-Cooperation with Authorities and Remedies (RFO DEVIATION)

MAY 2026

52.222-36 Equal Opportunity for Workers with Disabilities (RFO DEVIATION)

MAY 2026

52.222-50 Combating Trafficking in Persons (RFO DEVIATION)

MAY 2026

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

MAY 2026

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act NOV 2023 52.225-13 Restrictions on Certain Foreign Purchases

FEB 2021

http://www.acquisition.gov/far/ http://www.acquisition.gov/far-overhaul

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving

MAY 2024

52.232-33 Payment by Electronic Funds Transfer-System for Award Management

OCT 2018

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim (RFO DEVIATION)

NOV 2025

52.240-90 Security Prohibitions and Exclusions Representations and

Certifications

(RFO DEVIATION)

MAR 2026

52.240-91 Security Prohibitions and Exclusions (RFO DEVIATION)

MAR 2026

52.240-93 Basic Safeguarding of Covered Contractor Information

Systems

(RFO DEVIATION)

MAR 2026

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 clauses listed above with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. In accordance with E.O. 14275, the purpose of the Revolutionary FAR Overhaul (RFO) is to amend the Federal Acquisition Regulation (FAR) to ensure that it contains only provisions that are required by statute or that are otherwise necessary to support simplicity and usability, strengthen the efficacy of the procurement system, or protect economic or national security interests.

(End of clause)

DOI-AAAP-0028 Electronic Invoicing and Payment Requirements

– Invoice Processing Platform

FEB 2021

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 Terms and Conditions - Commercial Products and Commercial Services included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

When submitting invoices to IPP, the Contractor is advised to upload supporting documentation that will allow Reclamation to verify that the products or services comply with the terms of the contract. The information in the uploaded documents should not conflict with the data fields in the IPP submissions (service dates, invoice number, etc.). Prior to submitting an invoice to IPP, the contractor may coordinate with the designated https://www.ipp.gov/ https://www.ipp.gov/

Contracting Officer's Representative (COR), for review and verification of quantities for payment and for compliance with the applicable progress payment requirements of this contract. Prior coordination with the COR will allow for streamlined processing of the invoice.

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) prior to the contract award date, but no more than 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.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 clause)

END OF CLAUSES

mailto:IPPCustomerSupport@fiscal.treasury.org

ATTACHMENTS

Attachment 1: Reference Diagram

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):

http://www.acquisition.gov/far/

The provisions in the table below are incorporated by reference:

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

Internal Confidentiality Agreements or Statements- Representation

JAN 2017

52.204-7 System for Award Management (RFO DEVIATION)

MAR 2026

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations

- Representation

(RFO DEVIATION)

MAY 2026

52.212-1 Instructions to Offerors–Commercial Products and Commercial Services

(RFO DEVIATION)

MAR 2026

52.219-1 Small Business Program Representations (RFO DEVIATION)

MAY 2026

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products

FEB 2021

52.240-90 Security Prohibitions and Exclusions Representations and Certifications

Addendum 52.212-1

Instructions to Offerors–Commercial Products and Commercial Services

This addendum replaces the terms "offer" with "quote" within provision 52.212-1 . Paragraph (b ), entitled "Submission of Quotes"

Quotes must be submitted via electronic mail only and ALL documents must be in .PDF format.

Quote due on or before: 11am Pacific Daylight Time (PDT), Friday, July 10, 2026 http://www.acquisition.gov/far/

The Contractor shall protect the required items from cuts, crushing, and all other types of damage during storage, handling, and delivery.

Any damage that is found upon delivery and prior to acceptance shall be replaced at the Contractor’s expense.

Submit via email to: Erma Clark at erma_clark@ios.doi.gov

Quoters shall submit at a minimum:

1. Completed pages 5 and 6 of this document.

2. Quoter must quote ALL line items to be considered. A partial quote will not be accepted. Quoted price must include any shipping, transportation, and delivery charges to FOB destination.

(End of Addendum)

52.212-2 Evaluation – Commercial Products and Commercial Services (RFO DEVIATION)

(a) Evaluation factors. 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 will be used to evaluate offers:

FASTEST DELIVERY of both required brand name products noted within the specifications.

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

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

(End of provision)

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 provision listed above with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. In accordance with E.O. 14275, the purpose of the Revolutionary FAR Overhaul (RFO) is to amend the Federal Acquisition Regulation (FAR) to ensure that it contains only provisions that are required by statute or that are otherwise necessary to support simplicity and usability, strengthen the efficacy of the procurement system, or protect economic or national security interests.

mailto:erma_clark@ios.doi.gov

DIAR

1452.215-71 Use and Disclosure of Proposal Information—Department of the Interior

APR 1984

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) "Trade Secret" means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) "Confidential commercial or financial information" means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers "commercial and financial information obtained from a person and privileged or confidential," and exemption (9), which covers "geological and geophysical information, including maps, concerning wells."

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

"The information specifically identified on pages of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract."

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

"This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal."

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

END OF PROVISIONS