12363N25Q4107 rev_7.3.2025 Boise NF Lava Fire BAER.pdf

USDA FOREST SERVICE

Stewardship Branch

Combined Synopsis and Solicitation Request for Quote #12363N25Q4107

**MUST BE REGISTERED IN SAM (www.sam.gov) TO BE ELIGIBLE FOR AWARD**

Title: Boise National Forest Lava Fire BAER Contract Type: Firm Fixed Price Award Type: Task Order Award Determination: Best Value Place of Performance: Boise National Forest Lava Fire Area, Idaho Period of Performance: Date of Award through October 31, 2026

In accordance with FAR Part 13, The USDA Forest Service is issuing a Request for Quote (RFQ) for BAER post-fire invasive species monitoring and treatments.

Quotes will be submitted in accordance with the instructions set forth in this document. Failure to comply with any and/or all of the instructions set forth in this document may result in the offer’s quote not being considered.

Payment will be made via EFT. Invoice using IPP.Gov FOB: X Destination Origin Set Aside For: Large Small

Woman- Owned SDVOSB Hubzone 8(a)

(Please check all that apply) X

NAICS Code: 115310 Size Standard: $11.5 Million

Delivery address Boise National Forest Lava Fire Area, ID Date and time needed Date of Award through October 31, 2026

**MUST HAVE ALL INFO BELOW**

Company Name:

Vendor Rep:

Phone:

Email:

Mailing Address:

UEI SAM #

**QUOTES ARE DUE BY: 7/30/2025 by 11:00AM MT**

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CONTRACTING OFFICER’S REPRESENTATIVE (COR)

A COR will be designated to represent the Contracting Officer for the duration of this task order. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

Cynthia Horwitz Contract Specialist Forest Service Procurement and Property Services (PPS) cynthia.horwitz@usda.gov

Offerors shall quote in accordance with the SOW.

Quotes shall be valid for a minimum of 60 calendar days after submission.

Item Description Quantity U/I Unit Price Extended Price

0001- Lava P1B Survey 136.5 Acre $ $ 1001 – Lava P1B Treatments Up to

136.5 Acre $ $ N/A

Total $

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Statement of Work Boise National Forest

Boise NF 2024 Lava BAER EDRR

BRIEF DESCRIPTION OF PROJECT:

Post-fire EDRR invasives species monitoring and treatments within the Lava fire perimeter.

Fire-produced disturbances directly favor colonization of new and survived annual grass species and noxious weeds. Early detection and treatment of small annual grass and noxious weed patches in a burned area are crucial to prevent or mitigate further establishment, and to establish and maintain healthy plant communities. If these invasives are allowed to become large-scale, the infestations can persist and become very difficult and expensive to manage.

An EDRR (Early Detection and Rapid Response) approach of invasive weed management and treatment will be utilized during the growing season through the use of invasives monitoring and where necessary the use of chemical controls within annual grass and noxious weed infestations, occurring on approximately 137 total acres. Approximately 137 acres monitored of a P1b prescription, suppression lines and drop points, with up to 137 acres treated should invasive species be detected during monitoring.

Additionally, a global positioning unit (GPS) will be used (provided by the contractor) to record areas of treatment by species. New infestations encountered will be inventoried using a GPS, and then treated according to the specifications (EDRR). The contractor will provide transportation, supervision, labor, operating supplies, appropriate herbicide as specified below, sufficient amounts of dye, surfactant, and incidentals.

Total avoidance when utilizing chemical treatments while in areas know to contain sensitive, threatened or endangered species (TESP), including but not limited to Tolmie’s Onion (Allium tolmiei), Sacajawea’s Bitterroot (Lewisia sacajawenana), and Whitebark Pine (Pinus albicaulis) is required. Please refer to the attached TESP map and plant list.

Ground Based Herbicide Application Category Estimated Acres

Category I – Road/River Based (w/in 100ft) 54

Category II – Road/River Based (< ¼ mile) 33

Category III – Road/River Based (> ¼ mile OR boat OR stock access only)

The following precautions are partly derived from the Pesticide Discharge Management Plan and Pesticide Use Proposals for the Boise National Forest:

• Do not apply directly to water or to areas where surface water is present below the mean high-water mark.

• Individual rosettes will be sprayed.

• Avoid excessive overspray, i.e. 1 foot beyond the dripline of target plants.

• Known infestations on Private Land will NOT be treated by the contractor.

• Herbicide application rates and distance from water will be consistent with the Pesticide Use Proposals and current herbicide label-Table 1.

• The specific weed species (if they occur), timing, and treatments will be as identified in Table 2.

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1. Herbicide Application Rates

Active Ingredients Common Product Names Planned Application Rates Aminopyralid Milestone 4 to 7 oz./ acre Chlorosulfuron Telar XP .5 to 1 oz./acre Picloram Tordon 22K or Outpost

22K 1 to 2 qts/acre

Picloram and 2,4-D Tordon 22K or Outpost 22K with Platoon

1 to 2 qts/acre

Imazapic Plateau 4 to 12 oz /acre

2. Treatment by Species Weed Species Infestation Info Timing Treatment Method Medusa Head Taeniatherum caput-medusae Ventenata Ventenata dubia and Cheatgrass Bromus tectorum

Scattered plants

September to October

Plateau (Imazapic) 4 to 12 oz /acre

Spotted Knapweed Centaurea maculosa and Diffuse Knapweed Centaurea diffusa

Scattered plants May 15 to September 30

Milestone (Aminopyralid) 5-7 oz./acre

Telar XP (Chlorosulfuron)

0.5 to 1 oz./acre

Rush Skeletonweed Chondrilla juncea

Scattered plants May 15 to September 30

Tordon 22K/Outpost 22K (Picloram) 2 to 4 pints/acre With Syltac surfactant

Tordon 22K/Outpost 22K with Platoon (Picloram and 2,4-D) 2 to 4 pints/acre

Milestone (Aminopyralid) 5 to 7 oz./acre With Syltac surfactant

Leafy Spurge Euphorbia esula

Tordon 22K (Picloram) 2-4 pints/acre

Plateau (imazapic)- 12 oz/ac

Aquaneat (Glyphosate)- 2pts/ac for use only near water and be cautious for overspray

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2 to 4 pints/acre White Top Cardaria draba

Telar XP (Chlorosulfuron) 0.5-1 oz./ac

Escort (Metsulfuron) 0.75-1oz/ac

Can use Milestone in tank mix but isn’t effective on its own (0.5oz/ac)

Field Bindweed Convolvulus arvensis

Tordon 22K (Picloram)- 2-4 pints/ac

Plateau (Imazapic)- 8-12oz/ac

Toadflaxes Linaria dalmatica Linaria vulgaris

Scattered plants Best when plants are growing rapidly or Fall

Telar (chlorsulfuron)- 2-2.5oz/ac

Tordon 22K (Picloram)- 2-4 pt/ac fair control- mix with Telar

Thistles Cirsium arvense Cirsium vulgare Onopordum acanthium

Scattered plants Best before flowering, for both control and pollinator protection. Can also spray in fall before final killing frost

Milestone (aminopyralid)- 5-7 oz/ac

Telar (chlorsulfuron) 1-1.33oz/ac

All others As encountered May 15 to

Milestone (Aminopyralid) 5 to 7 oz./acre

Telar XP (Chlorosulfuron) .5 to 1 oz./acre

Dye will be used @ 2oz. per gallon. Surfactant must be used when treating toadflax. An MSO/Organo-silicone surfactant like Syltac should be used for Rush skeletonweed. The contractor will provide Spreader (or acceptable equivalent) @ 2 oz. per gallon. The only surfactants allowed are Activator 90, Spreader 90, LI- 700, Syltac, R11, and MSO.

CONTRACTOR RESPONSIBILITIES:

1. Any vehicles necessary for transportation of Contractor personnel, equipment or supplies will be provided by the Contractor. ORV’s (Off-road vehicles) and vehicles will only be used for treatment along designated motorized trails and roads.

2. The Contractor shall be responsible for transporting all materials to the work site.

3. The Contractor will provide all necessary PPEs (personal protective equipment) necessary in the loading, mixing, and spraying operations.

4. The Contractor will be required to submit written reports for each day of treatment and/or monitoring.

These reports will show areas treated, amount of herbicide used, amount of time required to treat area, weather conditions at time of application and species of weed(s) treated. A calendar schedule to supply the weekly reports will be negotiated prior to the contract period. Treatment Report Form will be supplied to the contractor.

5. The Contractor will provide a final map and shape file of all GIS data (completed with a GPS). Data will

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6. The Contractor will provide a phone number where they can be contacted after hours (when not working on the contract).

7. Times that the work can be performed will be dependent on environmental factors such as wind speed, precipitation, and temperatures.

8. Contractor will clean all equipment (weed wash) prior to accessing & leaving the project area.

9. Contractor must be able to identify target weed species. These may include leafy spurge, spotted knapweed, diffuse knapweed, white top, rush skeletonweed, field bindweed, Canada, musk, and scotch thistle, cheatgrass, ventenata and medusa head.

10. The contractor will have to have in its possession and the contractor will have to read the Pesticide General Permit and Pesticide Discharge Management Plan.

11. The contractor shall have one staff on site during herbicide treatment with a valid ISDA Pesticide use license with the following categories: CO, RW, FE.

PROJECT SPECIFICATIONS:

1. Monitoring for invasive species within the designated areas is the base requirement for this contract.

Treatment/spraying of any detected invasive species is secondary to monitoring and only will occur where the species are detected during monitoring. Timing of any treatments is at the discretion of the contractor, i.e. at the time of detection or upon additional visit, but should follow general best practice recommendation of the herbicide label if applicable.

2. Monitoring may be completed on foot, horseback, or UTV/ATV where allowable. Data shall be collected digitally, utilizing GIS software to delineate invasive species populations and include species density information.

3. Mixing of chemicals and preparation of treatment devices will occur only on asphalt surfaces or on the main dirt roads.

4. Noxious weeds may be treated in any stage of development. Annual invasive grasses are best treated in fall during green-up.

5. Areas will be inspected during and after treatment. An acceptable level of treatment will be met when all above ground noxious weed growth within the designated areas have been chemically treated with the specified herbicide. Excessive chemical application will result in a top-kill only and does not allow the plant to translocate the chemical throughout the plant.

6. All treatment practices will comply STRICTLY with the directions on the herbicide label or with rates as described above.

7. Spray calibration and equipment maintenance records will be provided by the contractor.

8. Adverse incidents will be reported as required by the Boise NF Pesticide General Permit.

9. Attachment G of the Pesticide Discharge Management Plan will be completed by the contractor.

10. A fifty-foot buffer zone is required to survey (and treat if necessary) around known weed infestation sites to ensure noxious weed coverage is optimal and to stop any new “satellite” patches that may be starting from existing sites.

11. Picloram will not be used within mapped whitebark pine habitat.

12. Sprayers must be able to identify whitebark pine (Pinus albicaulis), Sacagawea’s bitterroot (Lewisia sacajawenana), and Tolmie’s onion (Allium tolmiei).

13. If a whitebark pine is discovered during treatment with Picloram at elevations above 7,000ft and outside mapped habitat, crews will halt treatment and survey the treatment unit for whitebark pine. If spraying can take place downslope from all known whitebark pine in the treatment unit, crews may continue with treatment. Crews will maintain a minimum of 33ft buffer from the dripline of whitebark pine. Survey information will be shared with COR.

14. Pollinator protections (Monarch and bumblebees) are currently being determined. Try to avoid spraying flowers, focusing spray on green material (rosettes and leaves) on pollinator preferred plants like knapweeds and thistles.

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LOCATION:

All work is to be performed adjacent to and within the burn perimeter of the Lava fire, including what was previously known as the Boulder fire before it was absorbed by Lava. Map attached as reference. Most, if not all sites are accessible within 1/4 mile of the roads but most will require backpack or pack animal spraying, with only some areas accessible by spray UTV/ATV; a spray rig can be used as herbicide transport to work sites and may reach select portions of the roadside corridor. The terrain and vegetation is varied, from grass/shrublands at the lower elevation to dense coniferous forests, including whitebark pine up at the higher elevations. Burned conditions, down tree, poor road conditions, and other hazardous conditions should be expected.

P1a areas are chosen due to vegetative importance and are primarily off-road backpack work; The P1a site was identified utilizing a 100ft buffer from a known infestation that intersected with high burn severity through sensitive species habitats.

P1b sites are areas of suppression activity and were measured as ~1 acre per helispot, drop point, landing, safety zone, staging area etc. and camps were measured as 3 acres. Most points are close to access roads and will also be a mix of backpack and motorized rig spraying; many drop points and helispots are roadside pullouts. Dozer lines will need to be sprayed with backpack or via pack animal.

Lava:

The Lava fire perimeter is located approximately 10 miles North of Ola, ID. The perimeter is best accessed from Ola via the Sweet-Ola Highway. Interior access to the P1b treatment areas are best accessed by forest road 653 and its associated spurs, which generally runs East to West and originates at the fork with Forest Road 626 near the Gravel Pit. Forest Road 653 forms a loop whose northern portion connects with Forest Road 618/third Fork Road. Portions of Forest Road 653 near its intersection with Forest Road 618/Third Fork Road will be closed for maintenance/repair. Forest Road 609 is accessible via Forest Road 653 and may offer additional access to the P1B treatment areas.

PERIOD OF PERFORMANCE:

The period of performance is from Date of Award to October 31, 2025. Minor deviations from the period of performance may be possible based on weather conditions.

Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-04

The full text of FAR provisions or clauses may be accessed electronically at https://www.acquisition.gov/ The following contract clauses apply to this acquisition:

FAR 52.212-4, “Contract Terms and Conditions–Commercial Items” The following subparagraphs of FAR 52.212-5 are applicable:

• 52.219-6 Notice of Total Small Business Set-Aside.

Up to 25k

• 52.219-28 Post-Award Small Business Program Representation.

• 52.222-3 Convict Labor.

• 52.222-19 Child Labor---Cooperation with Authorities and Remedies.

• 52.222-36 Equal Opportunity for Workers with Disabilities.

• 52.222-41 Service Contract Labor Standards.

• 52.222-42 Statement of Equivalent Rates for Federal Hires.

Grade Pay

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• 52.222-50 Combating Trafficking in Persons.

• 52.222-55 Minimum Wages Under Executive Order 13658.

• 52.222-62 Paid Sick Leave Under Executive Order 13706.

• 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

• 52.225-1 Buy American -- Supplies.

The offeror certifies that the following end products are qualifying country end products:

Line Item No.: Country of Origin:

• 52.225-13 Restrictions on Certain Foreign Purchases.

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

Over 25K

• 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards.

• 52.209-6, Protecting the Government's Interests When Subcontracting with Contractors Debarred, Suspended or Proposed.

• 52.225-3 Buy American -- Free Trade Agreements -- Israeli Trade Act.

Over 150K

• 52.219-14 Limitations on Subcontracting.

• 52.222-35 Equal Opportunity Veterans.

• 52.222-37 Employment Reports on Veterans.

ADDENDUM TO FAR CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

(INCORPORATED BY REFERENCE ON STANDARD FORM 1449)

• 52.204-18 Commercial and Government Entity Code Maintenance

• 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

• 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

• 52.217-8 Option to Extend Services.

The Contracting Officer may exercise the option by written notice to the Contractor within 60 days before the contract expires.

• 52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed one year.

· 52.204-8, Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025)

· 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY

2024) (DEVIATION FEB 2025)

· 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

· 52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) (DEVIATION FEB 2025)

· 52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025) o 52.204-8 Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025) o 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY

2024) (DEVIATION FEB 2025)

o 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025) o 52.213-4 Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) (DEVIATION FEB 2025)

12363N25Q4107 rev_7.3.2025 Boise NF Lava Fire BAER Page 8 of 40 o 52.223-1 Biobased Product Certification (MAY 2024) (DEVIATION FEB 2025) o 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (MAY 2024)

(DEVIATION FEB 2025)

o 52.223-10 Waste Reduction Program (MAY 2024) (DEVIATION FEB 2025) o 52.223-23, Sustainable Products and Services (MAY 2024 (DEVIATION FEB 2025))

(End of clause)

The following solicitation provisions apply to this acquisition:

52.212-1, “Instructions to Offerors–Commercial Items” 52.212-2, “Evaluation – Commercial Items” using Best Value 52.212-3, “Offerors Representations and Certifications–Commercial Items”

ADDENDUM TO FAR CLAUSE 52.212-1, Instructions to Offerors - Commercial Items (INCORPORATED BY

REFERENCE ON STANDARD FORM 1449)

• 52.204-16 Commercial and Government Entity Code Reporting.

• 52.204-22 Alternative Line Item Proposal.

• 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment.

EVALUATION CRITERIA

Price, Availability, Relevant Past Performance, and technical proposal (including plan for completing the work i.e. work plan) will be considered for the “Best Value” evaluation. The order of importance corresponds with each criteria’s preceding order of appearance.

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision)

Addenda to provision FAR 52.212-1:

Addenda to Provision FAR 52.212-1 paragraph (b) Submission of Offers:

1) Quoters must have an active entity registration in the System for Award Management in order to submit an offer.

https://www.sam.gov/SAM/

2) Quotes submitted in response to this solicitation shall include a technical proposal, a price proposal, and contractor representations and certifications.

a) Technical Proposal – The technical proposal shall address the evaluation factors in FAR 52.212-2. At a minimum technical proposal shall include:

i) Past Performance – provide a list of similar projects completed by your firm over the past three years.

Include a brief description of the project, dollar amount, year completed, and project owner contact information (name, phone, and email). The government may use past performance information from any available source. If a company does not have past performance information available, information may be provided for predecessor companies, key personnel, or subcontractors. In the event that there is no past performance information available, the offeror will receive a neutral rating in this factor.

ii) Technical Capability – Provide a list of equipment and key personnel (with qualifications) that will be used to complete this project.

b) Price Proposal – Include the following: 1) the completed Schedule of Items from Section B of this solicitation, and

2) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

NOTICE: SAM updates may lag policy updates and may continue to require entities to complete representations based on provisions that are not included in agency solicitations, including:

• FAR 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation

• Paragraph (d) & (t) of 52.212-3, Offeror Representations and Certifications—Commercial Products and

Commercial Services

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Contracting officers will not consider these representations when making award decisions or enforce requirements.

Entities are not required to, nor are they able to, update their entity registration to remove these representations in

SAM.

(End of provision)

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021) (Provision)

(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:

1)Technical ability

2) Relevant past performance

3) Price

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020) (Provision)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(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 telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered 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.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered 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" in paragraph (c)(1) in the provision at FAR 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at FAR 52.204-26, or in paragraph (v)(2)(ii) of the provision at FAR 52.212-3.

(a) Definitions. As used in this provision—

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Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) 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 telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

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(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

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(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201).

(End of provision)

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2023) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (JAN 2025) (DEVIATION FEB 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) FAR 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) FAR 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

☒ (4) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

☐ (6) [Reserved].

☒ (11)(i) FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023) (Pub. L.

115–390, title II)

☐ (14) [Reserved].

☐ (17) [Reserved] ☒ (18) (i) FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

☒ (31) FAR 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

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☐ (33) [Reserved] ☐ (34) [Reserved] ☒ (39) (i) FAR 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

☒ (46) FAR 52.223-23, Sustainable Products and Services (MAY 2024) (DEVIATION FEB 2025) (7 U.S.C. 8102, 42

U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

☒ (48) (i) FAR 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

☒ (55) FAR 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O.

13513).

☒ (59) FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT2018) (31 U.S.C. 3332).

☒ (63) FAR 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security

Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

☒ (1) FAR 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

☒ (2) FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☒ (4) FAR 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014)

(29U.S.C.206 and 41 U.S.C. chapter 67).

☒ (7) FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

☒ (8) FAR 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at FAR 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) FAR 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) FAR 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

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(iii) FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) FAR 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) FAR 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of FAR 52.204–30.

(viii) FAR 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include FAR 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

(xi) FAR 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) FAR 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) FAR 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) FAR 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause FAR 52.222-40.

(xv) FAR 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi) (A) FAR 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of FAR 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) FAR 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xix) FAR 52.222-54, Employment Eligibility Verification (JAN 2025) (E.O. 12989).

(xx) FAR 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) FAR 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii) (A) FAR 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of FAR 52.224-3.

(xxiii) FAR 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

Subtitle A, Part V, Subpart G Note).

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