Inactive Total Small Business Set-Aside (FAR 19.5)

AMENDMENT NOTICE: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this... AMENDMENT NOTICE: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is N6883623Q0280 and is issued as a Request for Quote (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-05. The associated North American Industrial Classification System (NAICS) code for this procurement is 334220 with a small business size standard of 1,250.00 employees. This requirement is a Small Business Set-Aside and only qualified sellers may submit quotes. The solicitation pricing on https://marketplace.unisonglobal.com will start on the date this solicitation is posted, and, unless otherwise displayed at https://marketplace.unisonglobal.com, will end on: 2023-09-07 11:00:00.0 Eastern Time. This time supersedes the Offers Due Time listed above. FOB Destination shall be Fort Leonard Wood, MO 65473 The FLC - Jacksonville requires the following items, Brand Name Only (Exact Match), to the following: LI 001: PORTABLE XL-185P,UHF,FKP,BLK,NA Part number: XS-PFSUM-NA, 30, EA; LI 002: FEATURE,FIPS 140-2 OPERATION LEVEL 1Part number: XS-PL7J, 30, EA; LI 003: OPERATION,LOAD NIFOG PERSONALITYPart number: XS-FW2X, 30, EA; LI 004: FEATURE,P25 OTAR(OVER-THE-AIR-REKEYING)Part number: XS-PL5L, 30, EA; LI 005: FEATURE,P25 PHASE 2 TDMAPart number: XS-PL4F, 30, EA; LI 006: FEATURE,256-AES,64-DES ENCRYPTIONPart number: XS-PKG8F, 30, EA; LI 007: FEATURE,LINK LAYER AUTHENTICATIONPart number: XS-LLA, 30, EA; LI 008: FEATURE PACKAGE,P25 TRUNKINGPart number: XS-PKGPT, 30, EA; LI 009: OPTION,IMMERSIBLE RADIO OPERATIONPart number: XS-PKGMR, 30, EA; LI 010: FEATURE, SINGLE BAND UHFPart number: XS-PL4K, 30, EA; LI 011: BATTERY,LI-ION,3100 MAHPart number: XS-PA3V, 30, EA; LI 012: ANTENNA,FLEX,HELICAL,136-870 MHZPart number: XS-NC5Z, 30, EA; LI 013: SPEAKER MICROPHONE,EMER BUTTONPart number: XS-AE4B, 30, EA; LI 014: CASE,NYLON,BLACK,MOLLE STRAPPart number: XS-HC4T, 30, EA; LI 015: HEADSET, HEAVY DUTY, BEHIND-THEHEAD,W/ PTTPart number: XS-AE1P, 30, EA; LI 016: CHARGER, 6-BAY, PREMIUM, XL-185PPart number: XS-CH6G, 5, EA; LI 017: MOBILE, XL-185M, SINGLE-BANDPart number: XT-MPS1M, 1, EA; LI 018: FEATURE, PHASE 2 TDMAPart number: XT-PL4F, 1, EA; LI 019: FEATURE, OTARPart number: XT-PL5L, 1, EA; LI 020: FEATURE, LINK LAYER AUTHENTICATIONPart number: XT-LLA, 1, EA; LI 021: FEATURE, 256-AES, 64-DES ENCRYPTIONPart number: XT-PKG8F, 1, EA; LI 022: FEATURE, UHF BANDPart number: XT-PL4K, 1, EA; LI 023: FEATURE PACKAGE, P25 TRUNKINGPart number: XT-PKGPT, 1, EA; LI 024: CABINET, XL DESKTOPPart number: XT-CA6L, 1, EA; LI 025: CABLE, POWER, Y-SPLIT, DESKTOPPart number: XT-CA6R, 1, EA; LI 026: CABLE, XL-MOBILE, ETHERNET, 45CMPart number: XT-CA6A, 1, EA; LI 027: MICROPHONE, XL-MOBILE, DESKTOPPart number: XT-MC6C, 1, EA; LI 028: CABLE, XL DESKTOP, ACCESSORYPart number: XT-CA6M, 1, EA; LI 029: BRACKET, MOUNTING, XL CONTROL HEADPart number: XT-MA4C, 1, EA; LI 030: SPEAKER, EXTERNAL, MOBILEPart number: XT-LS6A, 1, EA; LI 031: CABLE, XL-MOBILE, SPEAKER ACCYPart number: XT-CA6F, 1, EA; LI 032: CONTROL UNIT, XL-CHPart number: XT-CP6A, 1, EA; Solicitation and Buy Attachments ***Question Submission: Interested Sellers must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at https://marketplace.unisonglobal.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, FLC - Jacksonville intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, Unison Marketplace. Unison Marketplace has developed an online, anonymous, browser based application to conduct the reverse auction. A Seller may submit a series of pricing quotes, which descend in price during the specified period of time for the aforementioned reverse auction. FLC - Jacksonville is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time quotes. All responsible Sellers that respond to this solicitation MUST submit the pricing portion of their quote using the online exchange located at https://marketplace.unisonglobal.com. There is no cost to register, review procurement data or make a quote on https://marketplace.unisonglobal.com.Sellers that are not currently registered to use https://marketplace.unisonglobal.com should proceed to https://marketplace.unisonglobal.com to complete their free registration. Sellers that require special considerations or assistance may contact Marketplace Support at 1.877.933.3243 or via email at marketplacesupport@unisonglobal.com. Sellers may not artificially manipulate the price of a transaction on https://marketplace.unisonglobal.com by any means. It is unacceptable to place bad faith quotes, to use decoys in the https://marketplace.unisonglobal.com process or to collude with the intent or effect of hampering the competitive https://marketplace.unisonglobal.com process. Should Sellers require additional clarification, notify the point of contact or Marketplace Support at 1.877.933.3243 or marketplacesupport@unisonglobal.com. Use of Unison Marketplace: Buyers and Sellers agree to conduct this transaction through Unison Marketplace in compliance with the Unison Marketplace Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. This announcement constitutes the only solicitation; a formal, written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-60 and DFARS Change Notice 20120724. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: www.acqnet.gov/far and http://www.acq.osd.mil/dpap/dfars/index.htm Except as provided in FAR 4.1102(a), the contracting officer shall insert the provision 52.204-7, System for Award Management, in all solicitations. If the solicitation is anticipated to be awarded in accordance with 4.1102(a)(5), the contracting officer shall use the provision 52.204-7, System for Award Management, with its Alternate I. Note: Insert the clause 52.204-13, System for Award Management Maintenance, in solicitations that contain the provision 52.204-7. (b) Insert the clause 52.204-13, System for Award Management Maintenance, in solicitations that contain the provision at 52.204-7, and resulting contracts. (a) Insert the provision 52.204-16, Commercial and Government Entity Code Reporting, in all solicitations that include-- (1) 52.204-6, Data Universal Numbering System Number; or (2) 52.204-7, System for Award Management. New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. No partial shipments are permitted unless specifically authorized at the time of award. Bid MUST be good for 30 calendar days after close of Buy. (b) Insert the provision 52.204-17, Ownership or Control of Offeror, in all solicitations that include the provision 52.204-16, Commercial and government Entity Code Reporting. (c) Insert the clause 52.204-18, Commercial and Government Entity Code Maintenance, in all solicitations and contracts when the solicitation contains the provision 52.204-16, Commercial and Government Entity Code Reporting. The contracting officer shall insert the clause 52.204-19, Incorporation by Reference of Representations and Certifications, in all solicitations and contracts. The contracting officer shall-- (a) Include the provision 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation, in each solicitation for the acquisition of products or services (including construction); and (b) Include the clause 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations, in each solicitation and contract for the acquisition of products or services (including construction). (d) The contracting officer shall insert the provision 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law, in all solicitations. Insert the following provision in solicitations for the acquisition of commercial items: (1) The provision 52.212-1, Instructions to Offerors -- Commercial Items. This provision provides a single, streamlined set of instructions to be used when soliciting offers for commercial items and is incorporated in the solicitation by reference (see Block 27a, SF 1449). The contracting officer may tailor these instructions or provide additional instructions tailored to the specific acquisition in accordance with 12.302. The provision 52.212-3, Offeror Representations and Certifications -- Commercial Items. This provision provides a single, consolidated list of representations and certifications for the acquisition of commercial items and is attached to the solicitation for offerors to complete. This provision may not be tailored except in accordance with Subpart 1.4. Use the provision with its Alternate I in solicitations issued by DoD, NASA, or the Coast Guard. Insert the clause in solicitations and contracts for the acquisition of commercial items: The clause 52.212-4, Contract Terms and Conditions -- Commercial Items. This clause includes terms and conditions which are, to the maximum extent practicable, consistent with customary commercial practices and is incorporated in the solicitation and contract by reference (see Block 27, SF 1449). Use this clause with its Alternate I when a time-and-materials or labor-hour contract will be awarded. The contracting officer may tailor this clause in accordance with 12.302. Insert the clause in solicitations and contracts for the acquisition of commercial items: The clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items. This clause incorporates by reference only those clauses required to implement provisions of law or Executive orders applicable to the acquisition of commercial items. The contracting officer shall attach this clause to the solicitation and contract and, using the appropriate clause prescriptions, indicate which, if any, of the additional clauses cited in 52.212-5(b) or (c) are applicable to the specific acquisition. Some of the clauses require fill-in; the fill-in language should be inserted as directed by 52.104(d). When cost information is obtained pursuant to Part 15 to establish the reasonableness of prices for commercial items, the contracting officer shall insert the clauses prescribed for this purpose in an addendum to the solicitation and contract. This clause may not be tailored. Insert the clause 52.222-50, Combating Trafficking in Persons, in all solicitations and contracts. Use the clause with its Alternate I when the contract will be performed outside the United States (as defined at 22.1702) and the contracting officer has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of off-limits local establishments) that apply to contractor employees at the contract place of performance. The contracting officer shall insert the clause 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving, in all solicitations and contracts. Insert the clause 52.225-13, Restrictions on Certain Foreign Purchases, in solicitations and contracts, unless an exception applies (Office of Foreign Assets Control). (a) The contracting officer shall insert the clause (1) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, in all solicitations and contracts that include the provision 52.204-7 or an agency clause that requires a contractor to be registered in the SAM database and maintain registration until final payment, unless (i) Payment will be made through a third party arrangement (see 13.301 and paragraph (d) of this section); or (ii) An exception listed in 32.1103(a) through (i) applies. The contracting officer shall include in all solicitations the provision 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to IranRepresentation and Certifications. The contracting officer shall insert the clause 52.232-39, Unenforceability of Unauthorized Obligations in all solicitation and contracts. Insert the clause 52.232-40, Providing Accelerated Payments to Small Business Subcontractors, in all solicitations and contracts. The contracting officer may, when contracting by negotiation, insert the clause 52.242-15, Stop-Work Order, in solicitations and contracts for supplies, services, or research and development. If a cost-reimbursement contract is contemplated, the contracting officer shall use the clause with its Alternate I. The contracting officer shall insert the provision 52.252-1, Solicitation Provisions Incorporated by Reference, in solicitations in order to incorporate provisions by reference. The contracting officer shall insert the clause 52.252-2, Clauses Incorporated by Reference, in solicitations and contracts in order to incorporate clauses by reference. Use the clause 252.203-7000, Requirements Relating to Compensation of Former DoD Officials, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. Use the clause 252.203-7002, Requirement to Inform Employees of Whistleblower Rights, in all solicitations and contracts. Use the provision 252.203-7005, Representation Relating to Compensation of Former DoD Officials, in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items and solicitations for task and delivery orders. Use the clause 252.204-7003, Control of Government Personnel Work Product, in all solicitations and contracts. (a) Use the provision 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. Use the clause 252.204-7012, Safeguarding of Unclassified Controlled Technical Information, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items Use the clause 252.204-7015, Disclosure of Information to Litigation Support Contractors, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. Use the provision 252.209-7002, Disclosure of Ownership or Control by a Foreign Government, in all solicitations, including those subject to the procedures in FAR part 13, when access to proscribed information is necessary for contract performance. If the solicitation includes the provision at FAR 52.204-7, do not separately list the provision 252.209-7002 in the solicitation. Use the clause 252.225-7048, Export-Controlled Items, in all solicitations and contracts. (a) Except as provided in 232.7002(a), use the clause 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. (b) Use the clause 252.232-7006, Wide Area WorkFlow Payment Instructions, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, when 252.232-7003 is used and neither 232.7003(b) nor (c) apply. See PGI 232.7004 (DFARS/PGI view) for instructions on completing the clause. Use the clause 252.232-7010, Levies on Contract Payments, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. Use the clause 252.243-7001, Pricing of Contract Modifications, in solicitations and contracts when anticipating and using a fixed price type contract. Use the clause 252.244-7000, Subcontracts for Commercial Items, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items. (b) Use the basic or one of the alternates of the clause 252.247-7023, Transportation of Supplies by Sea, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, except those for direct purchase of ocean transportation services. (1) Use the basic clause unless any of the supplies to be transported are commercial items that are (i) Shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations when the contract is not a construction contract; or (ii) Commissary or exchange cargoes transported outside of the Defense Transportation System when the contract is not a construction contract. (2) Use the alternate I clause if any of the supplies to be transported are commercial items that are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations when the contract is not a construction contract. (2) Use the alternate I clause if any of the supplies to be transported are commercial items that are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations when the contract is not a construction contract. (3) Use the alternate II clause if any of the supplies to be transported are commercial items that are commissary or exchange cargoes transported outside of the Defense Transportation System (10 U.S.C. 2643), when the contract is not a construction contract (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(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 offers 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. Insert the provision at 52.204-20, Predecessor of Offeror, in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.52.219-1 Alt I- (1) Insert the provision at 52.219-1, Small Business Program Representations, in solicitations exceeding the micro-purchase threshold when the contract will be performed in the United States or its outlying areas.(2) Use the provision with its Alternate I in solicitations issued by DoD, NASA, or the Coast Guard. Insert the clause at 52.219-28, Post-Award Small Business Program Rerepresentation, in solicitations and contracts exceeding the micro-purchase threshold when the contract will be performed in the United States or its outlying areas. Insert the clause at 52.222-3, Convict Labor, in solicitations and contracts above the micro-purchase threshold, when the contract is to be performed in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands; unless --(a) The contract will be subject to 41 U.S.C. chapter 65, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (see subpart 22.6), which contains a separate prohibition against the employment of convict labor;(b) The supplies or services are to be purchased from Federal Prison Industries, Inc. (see Subpart 8.6); or(c) The acquisition involves the purchase, from any State prison, of finished supplies that may be secured in the open market or from existing stocks, as distinguished from supplies requiring special fabrication. Insert the clause at 52.222-19, Child LaborCooperation with Authorities and Remedies, in all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase thresholds. (1) Free of expense to the Government delivered, on board the carriers conveyance, at a specified delivery point where the consignees facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and(2) Supplies shall be delivered to the destination consignees wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or constructive placement as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including piggyback) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for heavy or bulky freight. When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarder for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery when required, if transfer to truck is required to complete delivery to consignee. (a)(1) Use the clause at 252.211-7003, Item Unique Identification and Valuation, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, for supplies, and for services involving the furnishing of supplies, unless the conditions in 211.274-2(b) apply. Use the provision at 252.213-7000, Notice to Prospective Suppliers on the Use of Past Performance Information Retrieval SystemStatistical Reporting in Past Performance Evaluations, in competitive solicitations for supplies when using FAR part 13 simplified acquisition procedures, including competitive solicitations using FAR part 12 procedures for the acquisition of commercial items and acquisitions valued at less than or equal to $1 million under the authority at FAR subpart 13.5. Use the basic or the alternate of the clause at 252.225-7001, Buy American and Balance of Payments Program, instead of the clause at FAR 52.225-1, Buy AmericanSupplies, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, Use the clause at 252.225-7002, Qualifying Country Sources as Subcontractors, in solicitations and contracts that include the basic or one of the alternates of the following clauses:(i) 252.225-7001, Buy American and Balance of Payments Program.(ii) 252.225-7021, Trade Agreements.(iii) 252.225-7036, Buy AmericanFree Trade AgreementsBalance of Payments Program. As prescribed in 4.2105(a), the contracting officer shall insert the provision at 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (1) In all solicitations for contracts; and (2) Under indefinite delivery contracts, in all notices of intent to place an order, or solicitations for an order (i.e., subpart 8.4 and 16.505). As prescribed in 4.2105(b), the contracting officer shall insert the clause at 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment, in all solicitations and contracts. Sellers understand that the Marketplace ranks all Bids by price; however, sellers will be evaluated by the Buyer in accordance with the basis established in the solicitation and pursuant to applicable acquisition regulations and/or departmental guidelines. The award decision is the sole discretion of the Buyer. This solicitation requires registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. Registration must be "ACTIVE" at the time of award (a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract. (b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than theContracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:NAME: FLCJ Contracting OfficerADDRESS: BLDG 110 Yorktown Ave, Jacksonville FL 32212EMAIL: nancy.l.enos.civ@us.navy.mil (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 Defense Federal Acquisition Regulation (48 CFR Chapter 2 ) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.(End of provision) (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 Defense Federal Acquisition Regulation (48 CFR Chapter 2 )clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.(End of clause) (a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)(https://www.sam.gov) for entities excluded from receiving federal awards for covered defense telecommunications equipment or services.(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.(End of provision) UNIT PRICESContractor unit prices, when incorporated into a Government contract, will be released under the Freedom of Information Act (FOIA) without further notice to the contractor submitter. If the Contractor takes issue with the release, it should submit its proposal data with the appropriate legends and explain in detail why such data cannot be released as a public record under the Freedom of Information Act.