Inactive Total Small Business Set-Aside (FAR 19.5)

The purpose of Amendment 02 is to change the quote due date. The quote due date has changed from September 3, 2020 at 4:00pm (1600), PST to September 9, 2020 at 4:00pm (1600), PST. All other terms and... The purpose of Amendment 02 is to change the quote due date. The quote due date has changed from September 3, 2020 at 4:00pm (1600), PST to September 9, 2020 at 4:00pm (1600), PST. All other terms and conditions remain unchanged. The purpose of Amendment 01 is to change the questions and quote due date. The questions due date has changed from August 28, 2020 at 4:00pm (1600), PST to August 26, 2020 at 4:00pm (1600), PST. The quote due date has changed from September 13, 2020 at 4:00pm (1600), PST to September 3, 2020 at 4:00pm (1600), PST. All other terms and conditions remain unchanged. 140R3020Q0011 Environmental Laboratory Services-IDIQ Combined Synopsis/Solicitation (i) 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. (ii) To facilitate electronic quote submissions through SAMbeta, a request for quote (RFQ No. 140R3020Q0011) is being issued to this combined solicitation/synopsis. Quoter is required to be registered at sam.gov at the time of offer submittal. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular number 2020-08, dated 8/13/2020. (iv) This requirement is a total small business set-aside. The North American Industry Classification System (NAICS) Code for this acquisition is: 541380, Testing Laboratories. The small business size standard for NAICS Code 541380 is $16.5 Million. (v) Line item 0001 Chemical Testing and Analysis - Year 1. *Note: The Performance Work Statement provides more detailed information about the requirement and is attached to the RFQ. It is estimated that Task Orders for analyses will be awarded on an annual basis. Also see Attachment 2 - Price Schedule (available in MS Excel). Line item 0002 Chemical Testing and Analysis - Year 2.* Line item 0003 Chemical Testing and Analysis - Year 3.* Line item 0004 Chemical Testing and Analysis - Year 4.* Line item 0005 Chemical Testing and Analysis - Year 5.* Reclamation intends to award the first Task Order immediately following award. The prices from Contract Price Schedule 1 will be used for the first task order. (vi) The Bureau of Reclamation Lower Colorado Basin (BOR ¿ LCB) has a requirement for a contractor to conduct various chemical testing and analyses, that are sent to a lab by the Government, in accordance with this performance work statement. The Government will order, and the contractor will furnish at least the guaranteed minimum dollar value specified below during the five-year term of the IDIQ. The guaranteed dollar value and not to exceed amount is as follows; Guaranteed Minimum Dollar Value over 5-Year Performance Period: $37,500 Not to Exceed Dollar Value over 5-Year Performance Period: $455,250 (vii) Reclamation anticipates awarding one firm-fixed price Indefinite Delivery/Indefinite Quantity (IDIQ) as a result of this RFQ. The ordering period will begin on or about September 15, 2020 and continue for 5 years. Work shall be completed at the Contractor¿s designated lab locations. The Government intends to make a single IDIQ award. THE FOLLOWING CLAUSES AND PROVISIONS ARE APPLICABLE TO THIS COMMERCIAL ITEM ACQUISITION: (viii) FAR provision 52.212-1, Instructions to Offerors - Commercial Items (Jun 2020) (ix) FAR provision 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. A comparative evaluation will be performed in accordance with FAR 13.106-2(b)(3). The following items in each quote shall be used to evaluate offers (not in any particular order): -Relevant Experience -Past Performance -Price *See the provision ¿QUOTE INSTRUCTIONS¿ paragraph (b) for specific information. QUOTE INSTRUCTIONS -FULL TEXT: (a) A comparative evaluation will be performed in accordance with FAR 13.106-2(b)(3). The Government will conduct a direct comparison of one quote with another in order to determine which quote best provides the Government what it needs, as identified in this solicitation. The Government reserves the right the select a quote that provides benefit to the Government that exceeds the minimum, but is not required to do so. Quotes may exceed the requirements, but the Government is not requesting or accepting alternate quotes. Each quote must respond to the solicitation requirements. If only one quote is received, the quote will be evaluated for technical acceptance and price reasonableness will be determined. (b) Instructions. ~1. Relevant Experience - Vendors must demonstrate a sufficient amount of experience in performing work that is similar in nature and complexity to the work described within this requirement. To facilitate evaluation of this, vendors are requested to submit: 1) a minimum of three examples of work they have performed in the last 5 years that are similar in nature to the scope and complexity of the work described within this requirement, and 2) a document describing the work performed on each of the projects provided so the Government can determine from the description that it was, in fact, similar to the work required under this solicitation (see Attachment 4 - Past Performance Questionnaire). ~2. Past Performance - Vendors must demonstrate satisfactory or better past performance in successfully performing work that is similar in nature and complexity to the work described within this requirement. To facilitate evaluation of this, the vendor shall provide: 1) the name and current telephone number of a minimum of three companies they have performed this work for within the last 3 years. These may be the same projects that were provided under ¿Experience¿. 2) The Government may also use past performance information obtained from other than the sources identified by the vendor, e.g. CPARS and/or FAPIIS. ~3. Price - Vendors shall complete and submit: 1) Attachment 2 - Price Schedule, with their quote. Note that by submission of a quote, the Vendor is certifying that they have the capability to perform the requirements of all chemical testing and analyses. 2) Applicable Wage Determination - The Wage Determination included in this RFQ is only applicable for contractors in the County of Clark, Nevada. If your company is located in another location, please provide the applicable wage determination with your quote by visiting the following website: https://beta.sam.gov/search?index=wd (x) FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Items (Jun 2020) are advised to include with their offer, a completed copy of the provision 52.212-03, or indicate completion of the provision online. Offerors may complete the annual representations and certifications online at https://www.sam.gov/. (xi) FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items. (Oct 2018) (xii) FAR clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Aug 2020) The following additional FAR clauses cited in this clause are applicable to the acquisition and are within clause 52.212-5: 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Jun 2020) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-14, Service Contract Reporting Requirements (Oct 2016) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (a) Definitions. ¿First-tier subcontract¿ means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor¿s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor¿s general and administrative expenses or indirect costs. (b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October 31, for services performed during the preceding Government fiscal year (October 1-September 30) under this contract for orders that exceed the thresholds established in 4.1703(a)(2). (c) The Contractor shall report the following information: (1) Contract number and order number. (2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the order. (3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year. (4) Data reported by subcontractors under paragraph (f) of this clause. (d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sam.gov . (See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the Contracting Officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor¿s failure to comply with the reporting requirements a part of the Contractor¿s performance information under FAR subpart 42.15. (e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or document its rationale for the agency. (f) (1) The Contractor shall require each first-tier subcontractor providing services under this contract, with subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report: (i) Subcontract number (including subcontractor name and unique entity identifier), and (ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year. (2) The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010. (End of clause) 52.209-6, Protecting the Government¿s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-01) (Jul 2019) (a) Definition. Small business concern, as used in this clause, 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 size standards in this solicitation. (b) Applicability. This clause applies only to¿ (1) Contracts that have been totally set aside or reserved for small business concerns; and (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. (2) Any award resulting from this solicitation will be made to a small business concern. (d) Agreement. (1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through (iii) of this clause have not been waived by SBA in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall¿ (i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; (ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and (iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery. (2) Paragraph (d)(1) of this clause does not apply to construction or service contracts. (End of clause) 52.219-8, Utilization of Small Business Concerns (Oct 2018) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) 52.219-14 Limitations on Subcontracting (DEVIATION 2019-01) (Jul 2019) (a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) Definition. As used in this clause¿ ¿Similarly situated entity¿ means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set aside or sole source award under the HUBZone Program. (c) Applicability. This clause applies only to¿ (1) Contracts that have been set aside or reserved any of the small business concerns identified in 19.000(a)(3); (2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3); (3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; and (4) Orders set aside for any of the small business concerns identified in 19.000(a)(3) under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (d) Independent contractors. An independent contractor shall be considered a subcontractor. (e) Agreement. By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for¿ (1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded; (2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded; (3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or (4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly CAAC Letter 2019-01 Limitations on Subcontracting for Small Business Concerns Attachment 1 6 situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded. (f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants. (End of clause) 52.219-28, Post Award Small Business Program Representation (Jul 2013) 52.222-3, Convict Labor (June 2003) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) 52.222-26, Equal Opportunity (Sept 2016) 52.222-35, Equal Opportunity for Veterans (Oct 2015) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-37, Employment Reports on Veterans (Jun 2020) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50, Combating Trafficking in Persons (Jan 2019) 52.222-54, Employment Eligibility Verification (Oct 2015) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) 52.222-41, Service Contract Labor Standards (Aug 2018) - WAGE DETERMINATION NO. 2015-5593, REVISION NO. 13, DATE OF REVISION 07/02/2020 (see Attachment 3 - Wage Determination). ***Note: The Wage Determination included in this RFQ is only applicable for contractors in the County of Clark, Nevada. If your company is located in another location, please provide the applicable wage determination with your quote by visiting the following website: https://beta.sam.gov/search?index=wd*** 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) - TECHNICIAN; GS-1311-07; MONETARY WAGE - $20.39/hr; FRINGE BENEFITS - 19%, includes paid health insurance premiums, retirement benefits, vacation pay, and sick leave pay. 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (xiii) Additional contract requirements include the following clauses and provisions: 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.216-18 Ordering (Aug 2020) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from September 2020 through August 2025. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) A delivery order or task order is considered ¿issued¿ when¿ (1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail; (2) If sent by fax, the Government transmits the order to the Contractor's fax number; or (3) If sent electronically, the Government either¿ (i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or (ii) Distributes the delivery order or task order via email to the Contractor's email address. (d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract. 52.216-19 Order Limitations (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $7,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor: (1) Any order for a single item in excess of $91,050.00; (2) Any order for a combination of items in excess of $455,250.00; or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 52.216-22 Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum". (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided that the Contractor shall not be required to make any deliveries under this contract after September 14, 2025. 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.242-15 Stop-Work Order (Aug 1989) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.252-5 Authorized Deviations in Provisions (Apr 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of ¿(DEVIATION)¿ after the date of the provision. (b) The use in this solicitation of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of ¿(DEVIATION)¿ after the name of the regulation. (End of provision) 1452.201-70 Authorities and Delegations¿Department of the Interior (Sep 2011) (a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work. (b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment. (c) The COR is not authorized to perform, formally or informally, any of the following actions: (1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract; (2) Waive or agree to modification of the delivery schedule; (3) Make any final decision on any contract matter subject to the Disputes Clause; (4) Terminate, for any reason, the Contractor's right to proceed; (5) Obligate in any way, the payment of money by the Government. (d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause. (e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract. (f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR. (g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk. (End of clause) 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 provision) 1452.225-82 Notice of World Trade Organization Government Procurement Agreement Evaluations¿Bureau of Reclamation (May 2005) In accordance with the Agreement on Government Procurement, as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), and other trade agreements, FAR Subpart 25.4, World Trade Organization Government Procurement Agreement, applies to Bureau of Reclamation acquisitions. In order to apply trade agreements unique to Reclamation, the contracting officer will (irrespective of any other provision or clause of this solicitation) evaluate acquisitions at or above the do