Solicitation_Package_RFQ_140R6026Q0134.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

140R6026Q0134

See Schedule See Schedule

Bureau of Reclamation Missouri Basin Regional Office 2021 4th Avenue North Billings MT 59101

09/02/2026 1200 MD

0044054777

Melissa Parkison 8015243879

R60 100.00

Alicia Dunn

334513

08/17/2026

0011285713

DELIVER TO:

Bureau of Reclamation-GP-WYAO

Wyoming Area Office

PO Box 1630

Mills WY 82644 US

Please see attached documentation for the

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,

complete solicitation including salient characteristics.

Delivery: 09/30/2026

00010 6 EAData Collection Platforms

Product/Service Code: 6645

Product/Service Description: TIME MEASURING

INSTRUMENTS

00020 5 EATipping Bucket Rain Gauge

Product/Service Code: 6680

Product/Service Description: LIQUID AND GAS

FLOW,

LIQUID LEVEL, AND MECHANICAL MOTION MEASURING

INSTRUMENTS

00030 8 EAShaft Encoder / Stage Discharge Recorder

Product/Service Code: 6680

Product/Service Description: LIQUID AND GAS

FLOW,

LIQUID LEVEL, AND MECHANICAL MOTION MEASURING

INSTRUMENTS

00040 7 EAFloat Wheels for 5/16" shaft

Product/Service Code: 6680

Product/Service Description: LIQUID AND GAS

FLOW,

LIQUID LEVEL, AND MECHANICAL MOTION MEASURING

INSTRUMENTS

Continued...

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGES

NAME OF OFFEROR OR CONTRACTOR

SUPPLIES/SERVICES

(B)

UNIT

(D)

UNIT PRICE

(E)

AMOUNT

(F)

OPTIONAL FORM 336 (4-86)

Sponsored by GSA FAR (48 CFR) 53.110

ITEM NO.

(A)

QUANTITY

(C)

NSN 7540-01-152-8067

140R6026Q0134

00050 4 EAGOES Transmission & GPS Antenna

Product/Service Code: 6680

Product/Service Description: LIQUID AND GAS

FLOW,

LIQUID LEVEL, AND MECHANICAL MOTION MEASURING

INSTRUMENTS

00060 7 EA8-ounce Counterweight

Product/Service Code: 6680

Product/Service Description: LIQUID AND GAS

FLOW,

LIQUID LEVEL, AND MECHANICAL MOTION MEASURING

INSTRUMENTS

00070 2 EAAnalog Output Evaporation Gauges

Product/Service Code: 6680

Product/Service Description: LIQUID AND GAS

FLOW,

LIQUID LEVEL, AND MECHANICAL MOTION MEASURING

INSTRUMENTS

00080 7 EAEnd Hook Set

Product/Service Code: 6680

Product/Service Description: LIQUID AND GAS

FLOW,

LIQUID LEVEL, AND MECHANICAL MOTION MEASURING

INSTRUMENTS

COMBINED SYNOPSIS/SOLICITATION

WY DCPs for Reservoirs

Solicitation No. 140R6026Q0134

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation No. 140R6026Q0134 is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2026 – 01 Effective 3/13/2026. The NAICS: 334513 – Mechanical measuring instruments, industrial process-type, manufacturing with an associated small business size standard of 750 employees. This will be a total small business set-aside.

Scope of Work

Bureau of Reclamation, Wyoming Area Office (WYAO ) is seeking bid solicitation for supplies of Data Collection Platforms. Materials required are listed below in Required Salient Characteristics.

Objectives

Supplies required no later than September 30, 2026

Quotation Due Date

All quotations must be submitted via email to melissa_parkison@ios.doi.gov no later than noon, MDT, August 31, 2026. For information or questions regarding this Request for Quotation, please contact the Contract Specialist at melissa_parkison@ios.doi.gov.

Required Salient Characteristics

Data Collection Platforms for Reservoirs

• Data Collection Platform (DCP):

Minimum of 2 analog inputs Analog input for 0–5-volt sensors Analog input for 4-20 Milliamp sensors Minimum of 2 SDI-12 Ports Pulse Counting input channel Operating range 0-20 VDC Internal GOES radio that meets NOAA Certification Standard 2 (CS2) RF Output Power: 1.25 to 14 Watts

• Tipping Bucket Rain Gauge

Must be compatible with the DCP listed above Must include mounting kit Accuracy: ± 2% at 10 in. /hr (25.4 cm/hr) Output of 0.01 inch / tip mailto:melissa_parkison@ios.doi.gov

Must include 50 ft cable

• Shaft Encoders:

Must be SDI-12 compatible Must have display that shows current value Input Voltage of 9.6 to 16 VDC Rotation Resolution of at least 200 counts per revolution Must have 5/16” input shaft to mount wheel

• Float Wheels:

Must be compatible with the shaft encoders listed above Must be for 5/16 “shaft 1 foot per revolution For use with steel tape perforated at 2.4” intervals

• GOES Transmission and GPS Antenna

Must be Omi directional Must contain a GPS antenna Must be compatible with the DCP listed as Line Item 1 Must include cables with a minimum of 10 feet in length Must be Compatible with GOES 300 system

• Counterweight

Must be compatible with shaft encoder listed as Line Item 3 Must be 8 Ounce

• Analog Output Evaporation Gauges

Must be compatible with the DCP listed as Line Item 1 Can either be Analog output or SDI-12 output Analog Output must be 0-5 VDC Must have ½ inch NPT port for attachment evaporation pan

• End Hook Set

Must be compatible with Steel tape

Required Performance Specifications The delivery location is:

Ryan Allen – DCPs for Reservoirs 205 Chamberlain Rd.

Mills, WY 82644

Delivery will be conducted during business hours, Monday through Friday 8:00 AM to 4:00 PM. Contact Krista Sickert-Bush (ksickertbush@usbr.gov) with time truck will be arriving at least three days before arrival. No deliveries on federal holidays.

Warranty

All supplied items shall be warranted free of material defects for one year from the date of delivery.

Repair or replacement of defective materials will be completed by the contractor at no cost to the government during the warranty period.

Pricing

Pricing shall include all costs, including delivery and possible tariffs.

CLIN Description/mfg # (Required) QTY Unit of Measure Price Per Unit Total 10 Data Collection Platforms 6 EA 20 Tipping Bucket Rain Gauge 5 EA 30 Shaft Encoder/Stage

Discharge Recorder

8 EA

40 Float Wheels for 5/16” Shaft 7 EA 50 GOES Transmission & GPS

Antenna

4 EA

60 8-ounce Counterweight 7 EA 70 Analog Output Evaporation

Gauges

2 EA

80 End Hook Set 7 EA Total Direct Cost

All quotations must be submitted via email to melissa_parkison@ios.doi.gov no later than noon, MDT, August 31, 2026. For information or questions regarding this Request for Quotation, please contact the Contract Specialist at melissa_parkison@ios.doi.gov.

mailto:melissa_parkison@ios.doi.gov

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://acquisition.gov/far/

CLAUSE

NUMBER CLAUSE TITLE CLAUSE DATE

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017)

52.204-13 System for Award Management Maintenance. (Deviation Mar 2026)

52.204-19 Incorporation by Reference of Representations and Certifications (Deviation Mar 2026)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

(Deviation May 2026)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Deviation May

2026)

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Deviation Mar 2026)

52.212-4 Terms and Conditions – Commercial Products and Commercial Services (Deviation Mar 2026)

52.219-6 Notice of Total Small Business Set-Aside (Deviation Jan 2026)

52.219-28 Post award Small Business Program Representation (Deviation Jan 2026)

52.222-3 Convict Labor (Deviation May 2026)

52.222-19 Child Labor-Cooperation with Authorities and Remedies (Deviation May

2026)

52.222-35 Equal Opportunity for Veterans (Deviation May 2026)

52.222-36 Equal Opportunity for Workers with Disabilities (Deviation May

2026) https://acquisition.gov/far/

52.222-37 Employment Reports on Veterans (Deviation May 2026)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Deviation May

2026)

52.222-50 Combating Trafficking in Persons (Deviation May 2026)

52.222-90 Addressing DEI Discrimination by Federal Contractors (Deviation April

2026)

52.223-23 Sustainable Products and Services (May 2024)

52.226-7 Drug-Free Workplace. (May 2024) 52.227-1 Authorization and Consent (Jun 2020) 52.226-8 Encouraging Contractor Policies to Ban Text

Messaging While Driving (Deviation Mar 2026)

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

(Oct 2018)

52.232-39 Unenforceability of Unauthorized Obligations. (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.233-1 Disputes (May 2014) 52.233-3 Protest after Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.240-91 Security Prohibitions and Exclusions (Deviation Apr 2026) 52.242-13 Bankruptcy (Jul 1995) 52.249-2 Termination for Convenience of the

Government (Fixed-Price) (Apr 2012)

52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984) 52.252-6 Authorized Deviations in Clauses (Nov 2020)

DOI-AAAP-0028 Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (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 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov.

It is in the best interest of the contractor to also submit an electronic copy of the IPP invoice to melissa_parkison@ios.doi.gov prior to the invoice being 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.

i. 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).

ii. 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.

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):

Federal Acquisition Regulation: https://www.acquisition.gov/far Department of the Interior Acquisition Regulation: https://www.acquisition.gov/diar https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov http://www.acquisition.gov/far http://www.acquisition.gov/diar

Provision Number

Provision Title Provision 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 (Deviation Mar 2026)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations – Representation

(Nov 2015)

52.219-1 Small Business Program Representations (Deviation Feb 2026)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications

(Deviation Apr 2026)

52.252-5 Authorized Deviations in Provisions (Nov 2020)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

(a) The Government will not enter into a contract with any corporation that–

(1)Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(3) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(4) The Offeror represents that–

a. It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

b. It is ☐ is not ☐ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-2 Evaluation—Commercial Products and Commercial Services (Deviation Mar 2026) i.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.

To be considered for award, pricing of ALL line items in the price schedule shall be quoted and technical specification sheets shall be provided. Technical and past performance, when combined, are of less importance than price.

Factor 1: Technical – Provide specification sheets for all materials proposed. Failure to provide any of these required items may be cause to determine the quotation non-responsive.

Factor 2: Past Performance – Provide a list of previous Federal, State, or Local Government supply projects similar in scope to the supplies required under this solicitation from the past 5 year to clearly demonstrate the quoters ability to successfully provide the supplies in this solicitation. Any and all knowledge and information in the possession of the Contracting Officer will be used to evaluate the quality of past performance, including references provided by the quoter. In addition, CPARS and any other Past Performance database information may be used. Offerors lacking relevant past performance history will receive a neutral rating.

Factor 3: Price – Please complete the Price Schedule. Failure to complete all line items on the Price Schedule may be cause to determine the quotation as non-responsive.

Note: Please ensure the Price Schedule is mathematically correct, without error(s).

ii. 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).

iii. 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.

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.

"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.

The Government reserves the right to not make award.

The Government intends to only make one award.