Sol_140D0421R0044_Amd_0001.pdf

(x)

140D0421R0044 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Herndon VA 20170

D52

Suite 4000 381 Elden Street Acquisition Services Directorate Interior Business Center, AQD

08/04/20210001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

08/04/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to add section 4.9 Ordering Procedures and to add

Attachment D ¿ Questions and Answers in section 7 List of Documents and Other Attachments.

This is a commercial services requirement for vegetation surveys to provide data for record keeping, monitoring, and analysis of forest stands as defined in the Performance Work

Statement (PWS), Attachment A.

Legacy Doc #: DO

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Alexandra Tsybulevsky

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Solicitation Document No.

140D0421R0044

Document Title: BLM Klamath Falls Stand Exams and Surveys Page 2 of 45

Contents

INTRODUCTION

SECTION 1 – SERVICE TYPE AND PRICES

1.1 CONTRACT TYPE

1.2 SERVICES AND SUPPLIES

1.3 PRICES

1.4 FUNDING

1.5 IDIQ MAXIMUM CEILING VALUE AND GUARANTEED MINIMUM

SECTION 2 -- DESCRIPTIONS AND SPECIFICATIONS

PERFORMANCE WORK STATEMENT (PWS) - See Attachment A

SECTION 3 – DELIVERABLES

3.1 WRITTEN DELIVERABLES

3.2 MARKING

3.3 PACKAGING

3.4 INSPECTION AND ACCEPTANCE

3.5 PLACE OF PERFORMANCE

3.6 PERIOD OF PERFORMANCE

SECTION 4 –ADMINISTRATION DATA

4.1 CONTRACTOR’S POINT OF CONTACT

4.2 CONTRACTING OFFICER

4.3 COR

4.4 IDIQ MANAGEMENT

4.5 IDIQ AUTHORITY

4.6 PAYMENT

4.7 INVOICING INSTRUCTIONS

4.8 TASK ORDERS

4.9 ORDERING PROCEDURES

SECTION 5 – SPECIAL REQUIREMENTS

5.1 RESPONSIBILITY FOR GOVERNMENT INFORMATION

5.2 ORGANIZATIONAL CONFLICTS OF INTEREST

5.3 DISCLOSURE OF INFORMATION

5.4 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

5.5 CLOSEOUT

SECTION 6 – PROVISIONS AND CLAUSES

SECTION 7 – LIST OF DOCUMENTS AND OTHER ATTACHMENTS

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INTRODUCTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations (FAR) subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06.

This is a total small business set-aside. The North American Industrial Classification System (NAICS) code for this contract is 115310 – Support Activities for Forestry, with a size standard of $8.0 million.

Amendment 01: The purpose of this amendment is to add section 4.9 Ordering Procedures and to add Attachment D – Questions and Answers in section 7 List of Documents and Other Attachments.

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SECTION 1 – SERVICE TYPE AND PRICES

1.1 CONTRACT TYPE

This is a Commercial Services Indefinite Delivery/Indefinite Quantity (IDIQ) contract. All services will be obtained through the issuance of task orders as Firm Fixed Price (FFP). Task orders will be issued by a Contracting Officer (CO) with the Department of the Interior (DOI) Interior Business Center (IBC) Acquisition Services Directorate (AQD).

1.2 SERVICES AND SUPPLIES

The required services of the Performance Work Statement (PWS) shall be provided in accordance with the requirements specified in Attachment A. Descriptions and specifications and will be specifically detailed in individual task orders.

1.3 PRICES

See Attachment B – Pricing Template for line item information and pricing.

1.4 FUNDING

Funding will be incorporated at the task order level.

1.5 IDIQ MAXIMUM CEILING VALUE AND GUARANTEED MINIMUM

The maximum quantity of exams ordered against this IDIQ shall not exceed 20,000 exams over five years. The guaranteed minimum for the life of this IDIQ is 500 exams, which may be placed at any time during the five year period.

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SECTION 2 -- DESCRIPTIONS AND SPECIFICATIONS

PERFORMANCE WORK STATEMENT (PWS) - See Attachment A

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SECTION 3 – DELIVERABLES

3.1 WRITTEN DELIVERABLES

Specific written deliverables and their due dates will be set forth in each individual task order. See Attachment A for a complete list of deliverables for this contract.

3.2 MARKING

Shipping documents, containers, correspondences, and packages shall be marked with the following information:

IDIQ Number: TBD Task Order Number: To be cited on each individual task order Proposal Title: "BLM KF Stand Exam" Short Title of line items: To be cited on each individual task order.

Point of Contact (POC): To be cited on each individual task order.

3.3 PACKAGING

All deliverables called for shall be packed and shipped in accordance with the best commercial practices in a manner that shall afford adequate protection against physical and environmental deterioration and damage during shipment.

3.4 INSPECTION AND ACCEPTANCE

The Contracting Officer’s Representative (COR) or COR’s authorized representative will inspect and accept services to ensure that they conform to the IDIQ specifications. Acceptance criteria shall be based upon all deliverable items meeting professional standards for technical content, workmanship, clarity, completeness, and other factors that indicate acceptability as specified under this IDIQ and individual task orders. The COR will inform the CO if the services do not conform to the specifications.

3.5 PLACE OF PERFORMANCE

In general, the place of performance will be on the Bureau of Land Management’s (BLM) Lakeview District Area of Responsibility in southern Oregon from the city limits of Klamath Falls, OR. The specific location of sample exam units is shown on the map located in Attachment A PWS.

3.6 PERIOD OF PERFORMANCE

The total period of performance for this IDIQ is five (5) years consisting of one (1) base year and four (4) option years:

Base Period: 12 months from date of award Option Period 1: 12 months from date of award Option Period 2: 12 months from date of award Option Period 3: 12 months from date of award Option Period 4: 12 months from date of award

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The period of performance for each individual task order will be specified within the task order. The contractor shall begin work within three calendar days from the effective date of task order issuance.

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SECTION 4 –ADMINISTRATION DATA

4.1 CONTRACTOR’S POINT OF CONTACT

The Contractor’s point of contact for this contract is:

TBD at time of award.

4.2 CONTRACTING OFFICER

The CO for this contract is:

CO: Ali Tsybulevsky E-mail: Alexandra_tsybulevsky@ibc.doi.gov Department of the Interior Interior Business Center Acquisition Services Directorate Division 5, Branch 2, Team 2

4.3 COR

The COR for this contract is:

TBD at time of award.

4.4 IDIQ MANAGEMENT

Notwithstanding the Contractor's responsibility for total management during the performance of this IDIQ, the administration of the IDIQ will require maximum coordination between the Government and the Contractor.

The following individuals will be the Government points of contact during the performance of the contract.

1. IDIQ Administration. All IDIQ administration will be performed by the CO. All communications pertaining to IDIQ administrative matters will be addressed to the CO.

2. COR. The CO shall designate an individual to act as the COR during the term of this IDIQ. The COR will represent the CO in all technical aspects of the work and will act in a liaison capacity to coordinate activities between the Contractor and the Government as required in performance of this IDIQ. A letter of designation will be issued to the COR with a copy provided to the Contractor stating the responsibilities and limitations of the COR.

4.5 IDIQ AUTHORITY

a. Contracting Officer's (CO)Authority. The CO is the only person authorized to issue orders and direct changes in any of the requirements under this IDIQ, and notwithstanding any provisions contained elsewhere in this IDIQ, the said authority remains solely with the CO. In the event the Contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority and solely at the risk of the Contractor.

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b. Contractor's Authority. (1) The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise, other than the CO or the COR acting within the limits of their authority.

(2) The Contractor shall not in any way represent that he is a part of the United States Government or that he has the authority to contract or procure supplies for the account of the United States of America.

4.6 PAYMENT

Payment for all supplies and services shall be made upon Government acceptance in accordance with the appropriate Payment Clause.

4.7 INVOICING INSTRUCTIONS

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury’s IPP.

“Payment request” means any request for order financing payment or invoice payment by the Vendor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the order, or the clause 52.212-4 Order Terms and Conditions – Commercial Items included in commercial item orders. The IPP website address is: https://www.ipp.gov.

Under this contract, the following information is required to be included on invoice submitted in IPP: One copy of invoice, which specifies the contract number, order number, contractor point of contact, contract line item number (CLIN), and type and quantity of exams invoiced.

The Vendor must use the IPP website to register, access, and use IPP for submitting requests for payment. The Vendor Government Business Point of Contact (as listed in the System for award management [SAM]) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the order award date, but nor more that 3 – 5 business days of the order award date. Vendor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Vendor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Vendor must submit a waiver request in writing to the CO with its proposal or quotation.

(End of Clause)

4.8 TASK ORDERS

The DOI IBC AQD CO may issue task orders under the IDIQ to accomplish the work described in the PWS.

FFP task orders will be issued under this IDIQ.

All costs associated with the development, presentation and negotiation of the Contractor's proposals will be at the Contractor's expense. It is the Government's intent to issue task orders for all proposals submitted; however, circumstances may arise that will prevent the Government from issuing a task order, i.e., funding issues, or the effort may no longer be required.

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Unauthorized Work. The Contractor is not authorized to commence task order performance prior to issuance of a signed task or written approval (Authorization to Proceed) provided by the CO to begin work.

Task Order Funding Restrictions. No unfunded task orders are allowed.

4.9 ORDERING PROCEDURES

For each task order, the Contracting Officer will email the contractor with the Government’s requested quantity and type of exams required. The contractor shall submit a quote in accordance with the requirement of the PWS at the firm-fixed prices, terms, and conditions incorporated into the IDIQ contract in Attachment B – Pricing Template.

Upon issuance of the task order, the COR will contact the contractor to issue them maps and specific location information where the exams shall be performed.

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SECTION 5 – SPECIAL REQUIREMENTS

5.1 RESPONSIBILITY FOR GOVERNMENT INFORMATION

At the sole discretion of the Government, Government Furnished Information (GFI) may be provided for use in the performance of individual task orders. If GFI is provided, such information shall be returned to the Government upon conclusion of the IDIQ or as specified by the Contracting Officer, in writing.

The Contractor must protect from unauthorized disclosure any materials or information made available by the Government, or that the contractor has access to by virtue of the provisions of this IDIQ or task order issued hereunder, that are not intended for public disclosure. The materials and information made available to the Contractor by the Government, or that the Contractor comes into contact with, in completing this IDIQ or task order issued hereunder, are the exclusive property of the Government. Any information or materials developed by the Contractor in the performance of this IDIQ are also the exclusive property of the Government. Upon completion or termination of this IDIQ or an applicable task order, the Contractor shall turn over to the Government, all materials (copies included) that were furnished to the Contractor by the Government, and all materials that were developed by the Contractor in the performance of this IDIQ or an applicable task order.

5.2 ORGANIZATIONAL CONFLICTS OF INTEREST

a. The restrictions imposed by this clause apply to the Contractor, including its parent company, affiliates, divisions, subsidiaries, consultants, subcontractors at any tier, and any tier successors.

b. The Contractor is subject to the following restrictions:

(1) The Contractor agrees to review, after award and during the life of the IDIQ, its technical, business, financial, and other interest which could give rise to an actual or potential organizational conflict of interest in connections with the performance of this contract. If the Contractor discovers any fact relevant to an organizational conflict of interest, the Contractor shall make an immediate and full disclosure in writing to the CO. The disclosure shall set forth all relevant facts, including identification of contracts or agreements under which work was or is being performed and include a description of actions which the Contractor has taken or proposes to take, to avoid, neutralize, or mitigate the actual or potential conflict of interest.

(2) If work to be performed under this IDIQ requires access to proprietary, business confidential or financial data of other companies, the Contractor shall reach an agreement with such other companies to protect such data from unauthorized use or disclosure as long as it remains proprietary or confidential. Evidence of such an agreement must be made available to the CO upon request. Further, the Contractor agrees that it will not use the data to compete with those other companies.

(3) The Government may terminate this IDIQ for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of an organizational conflict of interest before the award of this IDIQ or discovered such facts after award and intentionally did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the IDIQ or any subsequent call order in accordance with the “Default” clause of this IDIQ and pursue such other remedies as may be permitted by law or by this IDIQ.

(4) The Contractor agrees to insert this provision into every subcontract issued in performance of this contract.

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5.3 DISCLOSURE OF INFORMATION

a. Performance under this IDIQ may require the Contractor to access data and information proprietary to a Government agency, another Government contractor, or of such nature that its dissemination or use other than as specified in this IDIQ would be adverse to the interests of the Government or others. Neither the contractor, nor contractor personnel, shall divulge nor release data or information developed or obtained under performance of the IDIQ except to authorized Government personnel or upon written approval of the Contracting Officer. The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as specified in the IDIQ.

b. To the extent the Contractor receives or is given access to proprietary data, data protected by the Privacy Act of 1974, or other classified or privileged technical, business or financial information under this IDIQ’s PWS, the Contractor shall treat and protect Privacy Act information in accordance with any restrictions imposed on such data. Such information and materials will be protected. Access includes the functions of record management, data handling, storage, electronic transmission and physical distribution.

c. As required by the CO or designee, the Contractor shall agree to enter into a written agreement with any firm whose proprietary data is used in conjunction with performance of this PWS. The Contractor shall furnish the CO with executed copies of such agreements, and shall not use any proprietary information for any purpose other than which it was provided.

d. Neither the Contractor nor the Contractor's employees shall disclose, or cause to be disseminated, any information concerning the operations of the activity that could result in, or increase the likelihood of, the possibility of a breach of the activity's security or interrupt the continuity of its operation.

e. All inquiries received by the Contractor for information concerning work performed under this IDIQ shall be referred to the Government for evaluation. The determination of whether records will be released will remain with the Government. The Contractor shall assist the COR in compiling information or records for submission upon request by the Government.

f. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials or confirmations) on any part of the subject matter of this IDIQ or any phase of any program there under without the prior written approval of the COR. All documentation showing individual's names or other personal information shall be controlled and protected.

g. The Contractor shall use any data furnished by the Government only for performance under this IDIQ’s PWS, and shall return copies of such data to the Government upon completion of this effort.

h. Data pertaining to other contracts/services may reside on IT systems utilized or accessed by other Government organizations where Contractor personnel may be performing. Contractor personnel shall in no way divulge this information or use this information for their gain. The Contractor shall notify the CO of any potential conflicts of interest.

5.4 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. DOI has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

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2. The past performance evaluation process is a totally paperless process using CPARS. CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the CO with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

1. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

2. Your comments should focus on objective facts in the AO’s narrative and should provide your views on the causes and ramifications of the assessed performance.

3. All information provided should be reviewed for accuracy prior to submission.

4. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating

“No comment” in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

5. Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

6. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.”

6. The following guidelines apply concerning your use of the past performance evaluation:

Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

a. Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

b. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

https://www.cpars.csd.disa.mil/

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2. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

5.5 CLOSEOUT

The Contractor shall work in a timely and efficient manner with the Federal Government to close out this IDIQ and all subsequent task orders upon completion of the tasks. This will be an item addressed in the Contractor's past performance rating in CPARS. It is incumbent upon the Contractor to provide a current Point of Contact who will work diligently with the CO or COR upon final delivery/acceptance to accomplish all documentation necessary to close the award.

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SECTION 6 – PROVISIONS AND CLAUSES

FAR 52.252-1 Solicitation Provisions Incorporated By Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov.

(End of Provision)

PROVISION TITLE DATE

52.212-1 Instructions to Offerors – Commercial Items JUL 2021 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements - Representation

JAN 2017

52.217-5 Evaluation of Options JUL 1990 52.223-1 Biobased Product Certification MAY 2021 52.223-4 Recovered Material Certification MAY 2008 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran - Representation and Certifications.

JUN 2020

FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the CO will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov.

(End of Clause)

CLAUSE TITLE DATE

52.202-1 Definitions JUN 2020 52.203-6 Alt. I Restrictions on Subcontractor Sales to the Government. Alternate I OCT 1995 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights.

JUN 2020

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.212-4 Contract Terms and Conditions – Commercial Items OCT 2018 52.223-2 Affirmative Procurement of Biobased Products under Service and

Construction Contracts

SEP 2013

52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

MAY 2008

52.223-15 Energy Efficiency in Energy Consuming Products MAY 2020 52.223-17 Affirmative Procurement of EPA Designated Items in Service and

Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. JUN 2020 52.225-13 Restrictions on Certain Foreign Purchases. FEB 2021 https://www.acquisition.gov/ http://www.acquisition.gov/

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52.227-17 Rights in Data – Special Works DEC 2007 52.245-1 Government Property JAN 2017 52.245-9 Use and Charges APR 2012

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

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 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. 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 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— 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 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 SAM (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that— https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

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(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);

(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)

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FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Vendor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit vendors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Vendor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Vendor is notified of such by a subvendor at any tier or by any other source, the Vendor shall report the information in paragraph (d)(2) of this clause to the CO, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Vendor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Vendor shall report to the CO for the indefinite delivery contract and the CO(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Vendor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Vendor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

https://www.acquisition.gov/far/4.2104#FAR_4_2104 https://www.acquisition.gov/far/4.2104#FAR_4_2104 https://dibnet.dod.mil/ https://dibnet.dod.mil/

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(e) Subcontracts. The Vendor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

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

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 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 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 52.212-1Instructions to Offerors – Commercial Items (JUL) 2021 – Addendum

In addition to the requirements at FAR 52.212, the following are additional requirements for the quoters to submit in their quotes.

Questions regarding this requirement are due no later than 12:00 PM Eastern Time on Wednesday, 8/11/2021. Quotes are due no later than 5:00 PM Eastern Time on Friday, 8/20/2021. Any questions and quote submissions received after the dates and times specified herein will NOT be considered. All questions and quotes shall be submitted to Ali Tsybulevsky at Alexandra_tsybulevsky@ibc.doi.gov.

Quotes shall contain three volumes: Volume 1 – Technical Approach, Volume 2 – Past Performance, and Volume 3 – Price.

VOLUME 1 - TECHNICAL APPROACH:

The Technical Submission is limited in length to fifteen (15) pages, exclusive of the qualifications of personnel (resume), cover letter, and table of contents. Any pages in excess of 15, exclusive of table of contents shall not be evaluated. The offeror’s submission shall use 12 point font size (any style), single spaced, single sided, 8.5x11 paper. Graphics and tables shall use no smaller than 8 point font size (any style).

In addition to the topics specified herein, the technical submission may address any other topics considered to be pertinent to demonstration of the knowledge, competence, and capability to complete this requirement. The quote package should be in the form of a detailed written quote describing how the work will be performed and who will perform the work.

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/ mailto:Alexandra_tsybulevsky@ibc.doi.gov

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The technical submittal shall not contain any pricing information.

The Quoters shall provide a Technical Quote that addresses the following:

a. Identify the number of permanent personnel and equipment on hand to perform the services and their experience performing stand exam surveys.

b. Have you and all of your employees worked with BLM’s EcoSurvey program? If so, for how long?

c. What is your experience performing Stand Exams-Extensive, Canopy Cover/Basal Area surveys, Stocking surveys, Precruise Stand Exams, and Postharvest Stand Exams?

d. What is your ability to trouble shoot problems on the handheld personal computer (HHPC) Allegro 2 or

Allegro MX while in the field?

e.