140L2622R0002_0001.doc

SOLICITATION NO: 140L2622R0001

TITLE: BOSH 2022 LOP AND SCATTER

INFORMATION TO PROSPECTIVE QUOTERS

SEQ CHAPTER \h \r 1This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Firm, fixed-price quotes are requested under Request for Quotation (RFQ) Solicitation number 140L2622R0001. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2022-04. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 115310. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $20.5 Million.

Site Visit:

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

Questions Due Date: Tuesday, May 10, 2022, at 10:00 am MDT Due Date: May 31, 2022, at 10:00 MST. Quotes will be accepted via Email at pfort@blm.gov. Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.

In accordance with this Solicitation Section 4 - Solicitation Provisions See FAR 52.212-2 Evaluation - Commercial Items The overall proposal shall consist of a completed Standard Form 1449, completed Bid Schedule, and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of work.

To expedite the handling of your quotation, please check the following items:

❏ Is the unit price legible?

❏ Is the extended price correct?

❏ Have you initialed any changes or erasures?

NOTE: SUBMIT ONLY REQUESTED ITEMS ABOVE, NOT THE ENTIRE SOLICITATION

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form

See Standard Form 1449 Section 2: Contract Clauses

Section 3: List of Documents, Exhibits, and Other Attachments

Section 4: Solicitation Provisions

SECTION 1: BID SCHEDULE

Offerors are to complete Block 17a and blocks 30 - 31 of the SF-1449.

2022 Bruneau-Owyhee Sage-Grouse Habitat (BOSH) PROJECT

Trout Creek Unit

Quantity

Trout Creek Unit Total

South Mountain Unit

Quantity

South Mountain Unit Total

Jordan Creek Unit

Quantity

Jordan Creek Unit Total

More than one contract award may be made under this solicitation. You may quote on a single Unit or any combination of Units. Bids will not be considered for only a part of the Unit. Award will be made to the Lowest Price Technically Acceptable bidder for Unit 1, or Unit 1 + Unit 2, or Unit 1 + Unit 2 + Unit 3, subject to the availability of funds.

Prices must be good for 60 Days.

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Bruneau-Owyhee Sage-Grouse Habitat (BOSH) Project 2022 1.

Introduction: The Owyhee Field Office of the Boise District, Bureau of Land Management (BLM) is acquiring vegetation management services to reduce juniper encroachment within a sagebrush-steppe habitat.

2.

Background: In accordance with the Bureau of Land Management’s Owyhee Field Office Resource Management Plan and Bruneau-Owyhee Sage-Grouse Habitat Project Environmental Impact Statement DOI-BLM-ID-B000-2014-0002-EIS it has been determined that western juniper treatments are necessary to respond to the threat of sagebrush-steppe habitat loss. This decision authorizes approximately 617,000 acres to be treated within a 10-15-year timeframe. Focal treatment areas will occur in areas where the canopy cover of western juniper comprises less than or equal to 20% of all vegetation cover. Areas where the canopy cover of western juniper exceeds 20% focal treatment areas will not exceed 5 acres in size.

3.

Purpose: To improve and maintain sagebrush steppe habitat by removing encroaching western juniper to benefit the greater sage-grouse and other wildlife.

4.

Scope of Work.

Trout Creek Unit: 17,494 Acres. Lop and Scatter, and pile. Contractor will be required to hand sever western juniper trees regardless of size or tree status within the unit boundaries. 21 of the included acres will be hand piled.

South Mountain Unit: 8,732 Acres. Lop and Scatter, and pile. Contractor will be required to hand sever western juniper trees regardless of size or tree status within the unit boundaries. 72 of the included acres will be hand piled.

Jordan Creek Unit: 4,129 Acres. Lop and Scatter, and pile. Contractor will be required to hand sever western juniper trees regardless of size or tree status within the unit boundaries. 79 of the included acres will be hand piled.

Please see Element 13 for treatment specifications for each unit.

The Contractor will furnish all tools, labor, supervision, equipment, materials, supplies, transportation, training, and incidentals necessary to accomplish the task in accordance with the specifications provided.

5.

Location of Treatment Areas: Project units are in northern Owyhee County, ranging from 11 miles NNE to 17 SE of Jordan Valley, OR. Main roads to access the units: Trout Creek Road, Cow Creek Road, Flint Road, South Mountain Road. Numerous unimproved roads and trails stem from these main roads and provide additional access routes.

6.

Project Boundary Marking: The location and access to the unit(s) are shown on the vicinity and unit map(s). The unit boundaries may be identified by flagging, roads and fences as shown on the respective unit maps. Not all unit boundaries may be marked, it will be up to the contractor to identify and verify boundaries in the field using maps and electronic devices to stay within the unit(s).

7.

Vehicle Access and Use: Two-wheel drive vehicles will be able to drive Trout Creek Road, Cow Creek Road, Flint Road, South Mountain Road during DRY conditions as they are well maintained routes. 4x4 equipped vehicles and/or UTVs are strongly recommended to access two tracks within units. Access roads into the unit(s) can be considered rough primitive 2 track roads.

Rubber tire UTVs/ATVs may travel off-road to access the trees. UTV and ATV use may be restricted where needed to protect sensitive plant and animal populations and cultural resources or avoid noxious weed locations.

Only single-pass cross-country travel by UTVs/ATVs will be allowed to avoid creation of trails or visible tracks. Cross country travel by ATV/UTV is not permitted when soils are saturated; travel is only authorized when soils are firm.

Juniper treatment equipment including vehicles (trucks and ATVs/UTVs) will be thoroughly inspected and washed prior to use in the project area to reduce the potential for noxious weed or invasive species spread. Inspection and washing of equipment, etc. will be documented in project implementation records.

If roads or any type of access become impassable or subject to damage, because of adverse weather conditions or other natural and/or social reasons, the COR will relay information to the Contractor, and a Stop Work Order may be implemented by the CO until other access can be obtained.

8.

Notification of Cessation or Restart of Work: The Contractor will notify the Contracting Officer's Representative (COR) at least 3 days before they plan to start operations. Contractor will also notify the COR whenever he intends to cease operations for one or more days and will tell the COR at that time when they plan to resume operations.

9.

Personnel/Equipment Requirements: The Contractor must always maintain an adequate work force to ensure timely completion of the work and is responsible for the crew knowing the requirements of the contract. The crew is also responsible for maintaining a safe working environment following OSHA standards. Due to the remote nature of this work a satellite phone is highly recommended in case of emergencies. The Contractor must attend the pre-work meeting and provide a written performance plan, including crew size, prior to beginning work.

10.

Contractors Representative: Two Contractor Representatives (foreman) must be designated by the Contractor. A Contractor Representative must be on-site always directing work. This person must be fluent in English and will also serve as an on the ground contact person for the COR/PI. Failure to maintain a Contractor Representative will result in suspension of work until an acceptable on-the-ground Contractor Representative is provided. A maximum of five (5) days will be allowed to produce a qualified Contractor Representative. Failure to do so within five days may result in the Contracting Officer (CO) issuing a Suspend Work Order. CO and COR must be informed of any changes of Contractor Representative.

11.

Camping: Camping on agency-administered lands will only be allowed on site(s) pre-approved by an authorized officer. Camping areas for cutting crews will be identified and surveyed for cultural resources prior to use of that camp location. Some camp sites have been preidentified and cleared for use, ask the COR for details. The Contractor shall maintain all camping areas in an orderly and sanitary manner. The ordering and maintenance of portable toilets and dumpsters is the responsibility of the contractor. All fire regulations and restrictions shall be followed. All garbage and refuse shall be removed from the camp site(s) by the Contractor and disposed of off-site before final payment is made.

12.

Detailed Unit Information: All units are considered remote with limited cellular phone service on site. The closest location for full services (gas/motel/restaurant/grocery) is 11-20 miles away from the project unit(s) in Jordan Valley, OR. Travel time between Jordan Valley and the project unit(s) is estimated at .5 to 2 hours depending on the unit. All travel times are estimates and are dependent on vehicles, speeds, and work location within the perspective unit.

13.

Specifications for Treatment:

The Canopy Cover and Item Level for each Unit are only estimates. It is up to the bidder to independently verify the accuracy of the canopy cover and cost per acre.

Trout Creek Unit: 17,494 Acres - The Trout Creek Unit is comprised of one (1) area.

Item 1: 0-1% CC, 48 inch height, Lop - 5732 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 0-1%.

Item 2: 1-4% CC, 48 inch height, Lop - 8700 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 1-4%.

Item 3: 4-10% CC, 48 inch height, Lop - 1570 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 4-10%.

Item 4: 10-20% CC, 48 inch height, Lop - 820 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 10-20%.

Item 5: 20-50% CC, 48 inch height, Lop - 672 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 20-50%.

Item 6: >50% CC, 48 inch height, Lop - 0 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be >50%.

Item 7: Hand Piling in Lop Area - 21 Acres

21 of the included Lop acres will need to be hand piled after slashing (See map) South Mountain Unit: 8,732 Acres - The South Mountain Unit is comprised of two (2) separate areas.

Item 1: 0-1% CC, 48 inch height, Lop - 1265 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 0-1%.

Item 2: 1-4% CC, 48 inch height, Lop - 4674 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 1-4%.

Item 3: 4-10% CC, 48 inch height, Lop - 1819 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 4-10%.

Item 4: 10-20% CC, 48 inch height, Lop - 526 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 10-20%.

Item 5: 20-50% CC, 48 inch height, Lop - 448 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 20-50%.

Item 6: >50% CC, 48 inch height, Lop - 0 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be >50%.

Item 7: Hand Piling in Lop Area -72 Acres

72 of the included Lop acres will need to be hand piled after slashing (See map) Jordan Creek Unit: 4,129 Acres - The Jordan Creek Unit is comprised of two (2) separate areas.

Item 1: 0-1% CC, 48 inch height, Lop - 1011 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 0-1%.

Item 2: 1-4% CC, 48 inch height, Lop - 1669 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 1-4%.

Item 3: 4-10% CC, 48 inch height, Lop - 605 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 4-10%.

Item 4: 10-20% CC, 48 inch height, Lop - 478 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 10-20%.

Item 5: 20-50% CC, 48 inch height, Lop - 365 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 20-50%.

Item 6: >50% CC, 48 inch height, Lop - 1 Acres

Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be >50%.

Item 7: Hand Piling in Lop Area -79 Acres

79 of the included Lop acres will need to be hand piled after slashing (See map) Slashing Specifications: Apply to all units and items listed above.

(a) 100% of live and dead juniper trees in any condition will be severed at the stump and left on site.

(b) No live branches will remain on the stump after the juniper tree is cut and the remaining stump height shall be ≤8 inches from the ground on the uphill side.

(c) 100% of juniper material (live or dead) on the landscape will be slashed to a height of ≤ 4 feet (48 inches or 1.2 meters) as measured from ground level.

(d) Any tree that is severed/slashed and blocks any road, two-track, trail, or barrow ditch/road cut will be moved to allow travel by vehicles or UTV/ATV and upkeep of roads.

(e) No trees will be felled into or within avoidance sites. Avoidance sites shall be identified by crew foreman and communicated to all crewmembers prior to commencing work in each unit.

Restrictions: Apply to all units and items listed above.

(a) Old Growth Juniper trees will not be cut down. Old growth trees are identified by their rounded, flat, or irregularly shaped canopies as opposed to seral trees which are easily distinguished by their conical (Christmas tree) appearance. Additional indicators of old growth trees include deeply furrowed, fibrous, and reddish bark; presence of lichens; and large branches near the base of the trunk.

(b) Slashing will not occur to any tree that can’t be slashed without damaging the fence line. Trees which are part of the fence line will be severed above the top wire, when safe to do so. Slash will be pulled away from fences by at least 5ft to allow travel by horse or cow.

(c) Slashing will not occur to identified trees of cultural significance or bearing trees (bearing trees are marked with USDI BLM yellow and black placard and/or red stripe).

Severing & Piling Specifications: In addition to above specifications, all areas within unit/s identified as “Pile” will have the following specifications:

Hand Pile Construction:

(a) All juniper material within specifications from all live or dead Juniper trees on site between ½” and not exceeding 7” diameter shall be piled. Slash less than ½” diameter, or 2 feet in length may be left on ground. Slash left on ground shall not exceed 6 inches in depth.

(b) Each pile should have a minimum of 2 cubic feet of small sized slash (small branches less than ¼ to ½ inch diameter and/or small branches with needles attached) to provide “kindling” for prompt ignition and to aid in combustion of larger slash. The kindling shall be placed on the downhill side or in the center of the pile on flat terrain. On slopes over 15 percent material shall be piled parallel to the slope so the material does not roll downhill.

(c) Maximum hand pile size shall be 8 feet in diameter by 8 feet in height, and a minimum hand pile size shall be 6 feet in diameter by 5 feet in height.

(d) All piles shall be compact. Compaction of the piles shall be done by aligning the material as much as possible and placing heavier material on top. Slash that causes large air spaces shall be cut or crushed to eliminate air spaces. Compaction shall be considered satisfactory if the pile height, after 7 days of being piled, is not less than the minimum of 5 feet in height on the uphill side and 6 feet in diameter, or upon approval by the COR.

(e) All material placed in the pile shall be contained within the general contour of the pile. Trimming of the piles will be required if material extends more than 18 in. beyond the general perimeter of the pile. The material that is trimmed off will be placed back onto the pile.

(f) Any pile not meeting the above specifications will be re-piled by the Contractor at the Contractor's expense.

Hand Pile Location:

(a) All hand piles should be constructed within the unit’s boundaries

(b) Hand piles shall not be closer than 15 feet to a reserve tree’s (leave tree’s) drip line.

(c) Piles must be constructed a minimum of 10 feet apart from other constructed piles.

(d) Slash shall not be piled or placed on logs or stumps, in roadways, drainage or canal ditches, or within channel bottoms, green lines of streams or within no-treatment zones.

(e) It may be necessary to drag slash, so that all piles built will meet the minimum pile size and location specifications.

Restrictions: Apply to all “Pile” areas within all units and items listed above.

(a) Piles shall be constructed at least 20 feet away from any residual, uncut, old growth trees.

(b) No pile shall be located within 15 feet of any fence line, property line or road.

(c) Piles shall not be located on any roads or barrow ditches (road cuts).

14.

Special Provisions:

Power Saws: The contractor shall conduct all operations permitted under this contract in accordance with the Idaho Forestry Act Fire Hazard Reduction Law and Rules and Regulations Pertaining to Forest Fire Protection and Fire Hazard Reduction (1992). Primarily for purposes of fire prevention and control, the Contractor shall comply with the following provisions during closed fire season or periods of fire danger:

(a) Ensure any person using a portable power saw on range or forest land in the state shall have the following immediately available for the prevention and suppression of fire within fifty (50) feet of any power saw when in operation:

i. A fully charged operable fire extinguisher of at least 8 oz. minimum capability. Such fire extinguisher shall be filled and in effective operating condition and shall at all times be immediately available to the operator when the saw is being fueled or the motor of the saw is running.

ii. A size O or larger shovel shall be available with each gas can when refueling. Any fueling of a power saw shall be done in an area which has first been cleared of all flammable material. Power saws shall be moved at least twenty (20) feet from the place of fueling before the engine is started.

(b) Equip portable power saws with properly installed, maintained and effectively working spark arresters as designated in the Rules and Regulations pertaining to Forest Fire Protection, Idaho Department of Lands (1992).

(c) Comply with all applicable State and Federal laws and regulations pertaining to water quality in connection with any operations under this contract.

Fueling of chainsaws will be done outside of riparian areas (streams, wetlands, wet meadows, springs, etc.). The contractor will take every reasonable precaution not to pollute or obstruct any stream, lake or reservoir on or near the project area in connection with any operations under this contract. If contractor’s operations cause pollution or obstruction of any stream, lake or reservoir on or near the designated cutting area, contractor shall notify the authorized officer immediately, and will correct the condition to the satisfaction of the BLM.

Contractor shall have a means of communicating with fire dispatch (e.g. satellite phone, text capable SPOT/Garmin device, cell phone WITH SERVICE) within 10 minutes of a fire start at all times during operational shift.

On Site Employees: The contractor will furnish a legible list of all contract employees (last name, first name) to the assigned COR. If there are any changes to the list of contract employees during the life of the contract a new list will be provided to the COR.

Hydrology and Fisheries:

· The contractor shall comply with all applicable State and Federal laws and regulations pertaining to water quality in connection with any operations under this contract.

· Fueling of chainsaws will be done outside of riparian areas. (streams, wetlands, wet meadows, springs, etc.).

· Juniper may be felled over streams where banks are stable to provide shade and cover for fish.

Archeological Concerns:

· The excavation, removal, damage, and altering or defacing of cultural resources is protected under the Archeological Resources Protection Act (ARPA) of 1979.

· Any unauthorized collection, excavation, or destruction of archeological materials is also subject to civil penalties under ARPA.

· The amount of the penalty will be the full cost of restoration and repair of archaeological resources plus the archaeological or commercial value of archaeological resources destroyed or not recovered.

· If an obvious un-flagged constructed feature (i.e. rock wall or stone monument) is near a juniper tree to be cut, the tree must be dropped away from the feature and steps taken to avoid damaging the feature.

Special Status Plants:

· All known Special Status Plant (SSP) Element Occurrence (EO) “avoidance areas/buffers” will be marked with flagging prior to and during treatment operations where impacts to SSP species may occur.

· All-terrain vehicles (ATV) and utility task vehicles (UTV) will avoid SSP EOs during cross-country travel.

15.

Protection of Improvements: The COR may order a cessation of work if vehicles are operated on roads within the work area when ground or weather conditions cause or lead to loss of traction or rutting. Such conditions usually develop where frozen ground is thawing, when snow is melting, and during or immediately following rainstorms. Ground disturbance will be reduced by tracking over an area one time, and then avoiding sharp tight turns that cause the soil and vegetation to be turned up. Any soil and ground disturbance caused by equipment during and after operations will be rehabilitated.

16.

Salvage Rights: The Contractor does not have salvage rights to the trees.

INSPECTION AND ACCEPTANCE

Inspection: The Government COR and/or PI will make periodic visual inspections. Inspection will consist of documentation of the treated areas. Documentation will be based upon compliance with the specifications listed above. COR and/or PI will discuss all deviations from specifications with Crew Representative as soon as possible when deviations from specifications are found. If disagreements occur between the COR and the Contractor on inspection, an agreed upon plot inspection will be initiated.

Acceptance: Acceptance will be based upon 95% visual compliance with the specifications listed above.

PERIOD OF PERFORMANCE 105 calendar days

THE ESTIMATED DATES FOR THIS PROJECT ARE:

Start Date: August 1, 2022

End Date: November 14, 2022

SITE VISIT

Prospective bidders are urged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Some access route(s) to the project site cross private land. Do not cross posted private land unless you are on the official site tour listed below.

An organized site visit will occur on May 3, 2022. Participants will meet at 09:00 AM (MDT) at the Lions Club Community Center parking lot, 902 Bassett St, Jordan Valley, OR 97910. Located just north of the rodeo arena off Highway 95 in Jordan Valley, Oregon. Jordan Valley, Oregon is in the Mountain Time Zone, not the Pacific Time Zone.

SECTION 2 - CONTRACT CLAUSES

1.

52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far# 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Nov 2021) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997)

52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts (Sept 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Alt I) (Jul 1995)

52.223-6 Drug-Free Workplace (May 2001) 52.232-18 Availability of Funds (April 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021)

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)

52.236-2 Differing Site Conditions (Apr 1984)

52.242-15 Stop-Work Order (Aug 1989)

2.

52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive

Orders--Commercial Products and Commercial Services (Jan 2022)

(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) 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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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.]

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

(41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved]

XX (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

XX (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

XX (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

XX (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

XX (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

XX (36) 52.222-54, Employment Eligibility Verification (NOV 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021)

(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018)

(31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013)

(31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(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:

[Contracting Officer check as appropriate.]

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

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 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).

__ (5) 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).

__ (6) 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).

XX (7) 52.222-55, Minimum Wages Under Executive Order 14026 (JAN 2022).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

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

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (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 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

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

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

(xi) 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 52.222-40.

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

(xiii) (A) 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 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 14026 (JAN 2022).

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

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

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

(xx) 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. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

3.

52.204-25 Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment (Nov 2021)

(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.

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 Contractor 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…