FY21 Carrizo Cane Topping Solicitation Draft_Rev B TB.docx

1.0 STATEMENT OF WORK: Carrizo Cane Topping along selected areas of the Rio Grande River Permanent Quarantine Zone (PQZ) of the Cattle Fever Tick Eradication Program (CFTEP)

1.1 Overview

Carrizo Cane is an invasive weed along the Rio Grande that creates an ideal habitat for cattle fever tick survival and hinders visibility for both United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Services (VS) mounted inspectors and DHS-Customs and Border Protection (CBP). Mechanical topping of the cane at 3 feet provides immediate visibility of the Rio Grande for VS and CBP personnel, eliminates cattle fever tick habitat, and increases the impact of the insect biological control agents released by USDA Agricultural Research Service (ARS). The USDA needs support in the topping of approximately 83 river miles of Carrizo Cane to reduce the invasive species biomass, increase visibility of the Rio Grande River area for both CBP and the Cattle Fever Tick Eradication Program (CFTEP), while reducing the habitat for cattle fever ticks by creating a less welcoming and habitable environment and promoting an increase in tick predator species.

The Arundo wasp laying eggs in the Carrizo cane, and wasp damage to cane near Brownsville, Texas.

1.2 Background

USDA-ARS has developed mechanical + biological technology controls for Carrizo Cane along the Rio Grande. All National environmental Policy Act (NEPA) requirements have been met and this proposed action is ready to be implemented (40 CFR 1500-1508: CEQ Regulations for Implementing the Procedural Provisions of NEPA, 1978) (Environmental Assessment Document is available for review).

Arundo donax, also known as giant reed or Carrizo Cane, is native to the Old World from the Iberian Peninsula of Europe, across the Mediterranean to south Asia. Carrizo Cane is an extremely invasive weed of riparian habitat, drainage ditches and irrigation canals of the Rio Grande River Basin of Texas and Mexico (RGB). Carrizo Cane has historically dominated these habitats where it competes for scarce water resources and reduces riparian biodiversity. Carrizo Cane also facilitates the invasion of cattle fever ticks from Mexico into Texas and impedes law enforcement activities along the international border. Carrizo Cane impacts the ability to perform assigned functions of both CBP and the CFTEP.

Biological control of the invasive cane with specialized insects from the native range of the weed in Spain is considered to be the best long-term option for managing this highly invasive weed because it is low cost, sustainable, and suitable for use in large areas such as the Rio Grande Valley (RGV).

Biological control also has successfully integrated with mechanical topping of the cane. Topping Carrizo Cane at 3 feet tall promotes formation of side shoots, which are heavily attacked by the biological control agents, leading to long-term stunting of the cane. This integrated method accelerates the decline of the cane and provides immediate visibility of the international border for law enforcement personnel.

With topped cane, light penetrates the soil surface which stimulates the re-growth of desirable native vegetation. With the return of native vegetation comes the return of tick feeding predators such as ground beetles and ants. Mature stands of Carrizo Cane can be 18 degrees cooler and more humid which greatly enhances the survival of cattle fever ticks (CFT). Topping of cane immediately changes the microhabitat to make it less favourable for CFT survival.

1.3 Scope of Work

The PQZ of the CFTEP encompasses approximately 600 miles of the Rio Grande River along the US-Mexico border The areas to be cut under the FY21 contract will encompass approximately 64 miles located along the PQZ within the South Texas counties of Cameron, Hidalgo, Starr and Webb as well as potential 130 miles of Carrizo Cane located in the Texas counties of Maverick and Vel Verde at the direction of the CFTEP.

The contractor will top off the Carrizo Cane stands to a height of approximately 3 feet in areas pre-selected by the USDA, at the behest of CBP, to clear areas that are mutually beneficial to the job performance of both agencies. The Carrizo Cane should be cleanly cut at the 3 foot (1 meter ) height to stimulate and enhance the effect of the predatory insect species and encourage branching which will minimize the height for regrowth and give greater access to the control insects. The tops, which still contain insect larvae, are to be left in place to encourage newly developed insects to further attack and degrade the Carrizo Cane stands.

1.4 Place of Performance

Place of performance is along the Rio Grande River border between the United States and Mexico that is the Permanent Quarantine Zone (PQZ) from Brownsville, TX southeast Texas., to Del Rio. TX in the northwest. Seven potential areas have been identified for topping in the Southeast and an additional 15 sites identified in the northwest. The final areas for topping will be designated by the CFTEP in consultation with CBP. The place of performance will encompass approximately 64 river miles of Carrizo Cane (southeast) and potentially 130 river miles (northwest), which are detailed in the attached KMZ files in Attachment 1. See Figure 1 Map below that identifies the PQZ and the Texas counties involved.

The contractor shall commence cane topping operations in Area 1 (Brownsville) and then proceed northwest working through the designated areas until they complete Area 7. Upon conclusion of cane topping operation in Area 7, the contractor will then proceed to the Del Rio sector (Area 8) to commence cane topping and proceed southward; completing each designated area until funding for the contract is expended. It will not be a requirement for the contractor to complete all 22 task orders under the current funding level for this contract.

Figure 1.

1.5 Property Access

This work will be done using pre-existing river trails that parallel the Rio Grande and are used by APHIS inspectors to search for stray livestock and wildlife that may carry cattle fever ticks from Mexico. Carrizo Cane shall be accessed from designated roadways unless directed and any excursion off the road should use the same path for both ingress and egress in order to minimize any negative environmental impacts.

All property access will be coordinated by CFTEP. Any contact with property owners (both private and public) will be done through the CFTEP liaison. Contractor cannot work on any property without advanced permission from the property owners as communicated through a CFTEP written notification prior to cane topping.

The areas to be cut are identified in Attachment 1 KMZ files. Timeline of cutting will be at the direction of the USDA liaison in consultation with CBP. Notice of proposed schedule will be provided at last two weeks in advance.

There may be occasions where the contractor must vacate immediately as a result of a CBP urgent situation. The contractor must vacate the said area in the amount of time communicated by USDA liaison. There may be situations where contractor equipment will be left on-site. Contractor is responsible for any risk involved in leaving property on-site and any subsequent damage.

The USDA Liaison will be identified upon contract award and is defined further in Section 1.5.

All property shall be left in the same condition as when it was entered.

1.6 Contractor Requirements

1. The contractor shall be fully responsible for providing all equipment required for supplying and transporting to the work site all cane topping equipment (i.e., the tractor, extended boom, and Gillison topper bar, etc.)

a. Research and testing by USDA ARS has shown that a topping crew using a JD 6145 4WD tractor with a Gillison cutter bar (topper) on a 32-foot boom to be the most efficient method for cutting large swaths of cane. Any other equipment that is capable of performing the task can be considered if the contractor can show that it is as good as or better at accomplishing the work per Section 4.0 below.

b. The contractor will ensure working odometers are installed on each tractor with a Gillison cutter bar to document the miles of Carrizo Cane that has been topped between specified Biomass points inside designated areas.

c. The contractor will document mileage of actual Carrizo Cane topped (vice total tractor miles) in order to submit a proper invoice.

2. Each crew must have a crew leader (main point of contact), equipment operator, etc. A project manager must be identified and available via phone during working hours. Project managers can manage up to two teams as long as they are within two miles of each other. A documentation technician will visit biomass sites before and after topping to take pictures, record GPS coordinates, and maintain the database.

3. Contractor shall provide weekly updates to USDA liaison of actual miles of Carrizo Cane topped and areas completed.

4. Care must be taken to have clean cuts to promote the maturation of the biological control species introduced in the Carrizo Cane. The cane cuttings, containing developing insect larvae, will be left in place to promote their maturation.

5. Topping crews will complete cane topping in Areas 1 through 7 and work to top as much cane as possible in the PQZ which comprises Areas 8 through 22 in the Del Rio sector until contract funded is completely expended Previous field studies by the Agricultural Research Service (ARS) show that tractors can top 1 river mile per 18 hours. In some areas along the river, topping takes only 2 hours per mile, while in other areas with rough terrain, up to 64 hours per mile.

6. Cane must be topped 15 feet from each side and including the road/trail identified in each of the areas in Attachment 1.

7. On the occasion the contractor seeks approval from the USDA liaison to leave any equipment on-site overnight, the contractor must take appropriate precautions to ensure that:

· Parked equipment does not impede traffic access along the river trail.

· Parked equipment is not damaging any endangered species of plant or wildlife.

· Parked equipment have sufficient quantity of drip pans to prevent contamination of river trail;

· The Government recommends that all equipment be removed from sites daily to prevent damage or loss to equipment. The Government is not responsible for any damaged or stolen equipment or belongings that may be left overnight at a work site.

8. Trash generated by cane cutting operations and work crews shall be removed at the end of each work day.

9. Only authorized personnel are allowed access to the work sites (i.e., no visitors, no pets, etc).

10. Carrizo Cane shall be accessed from designated USDA and CBP roadways and any approved excursion off the road should use the same path for both ingress and egress in order to minimize any negative environmental impacts.

11. The Carrizo Cane should be cleanly cut at the 3 foot (1 meter) height to stimulate and enhance the effect of the predatory insect species and encourage branching which will minimize the height for regrowth and give greater access to the control insects. The tops, which still contain insect larvae, are to be left in place to encourage newly developed insects to further attack and degrade the Carrizo Cane stands.

12. The contractor will provide proof that background checks have been successfully completed and provided to USDA liaison before employees work on identified sites. This includes all employees that may join the effort during the execution of this requirement all new employee proof of background lists are provided to the USDA liaison.

13. Provide qualified personnel to transport and operate the equipment on site.

14. Obtain proper licenses and follow all other local, state, and federal laws and regulations.

15. Must follow all equipment manual operation instructions including all safety protocol.

16. Provide any utilities needed to power the equipment listed and provide for any restrooms or other break areas the contractor may require.

17. The contractor shall arrive on-time, and at the designated site fully prepared for an 8-hour workday.

a. If work is taking place during hunting season, alternate work schedules may need to be coordinated through landowner by USDA Liaison and approved by contractor.

18. Repair any damage done to property while working on-site.

19. Coordinate with USDA liaison on whether equipment needs to be disinfected before moving to a new property.

Figure 2.

Figure 3.

1.7 Government Requirements

Work will be conducted from the access roads developed by the CBP and maintained by the CFTEP. Equipment storage will not be provided by USDA or any other Government agency for the purpose of this contract. Security for equipment will be the responsibility of the vendor(s).

CFTEP will provide personnel to serve as liaison (USDA Liaison) between the CBP and with private landowners to confirm vendor access to the river trails to perform the cane cutting work. Updates will be provided to the vendor by the CFTEP office supervisor as required if access to the river trails are suspended due to ongoing Federal operations that require work crews to vacate the area. Every effort will be made by CFTEP and CPB to provide the vendor vacate notices within reasonable timeframe to allow the vendor to relocate the work crew to a new work site unaffected by the notice.

USDA Liaison (or designated representative) for the affected area will visit work sites before and after topping to take pictures, record GPS coordinates, and maintain the database. This person will be the main point of contact for Contractor for daily communicate and schedule coordination. CFTEP shall be responsible for instructing contractor personnel of their duties and responsibilities under the Endangered Species Act (ESA) of 1973 and the requirements of a Biological Opinion (BO) issued by the U.S. Fish and Wildlife Service (USFWS) on October 25, 2013. Federal agencies (i.e., USDA) are directed, under consultation with the USFWS, to ensure that their actions (and actions of their contracted agents) do not jeopardize the continued existence of Threatened and Endangered (T&E) species (plants and/or animals) or destroy or adversely modify designated critical habitat.

a. Cane topping activities will take place along the Rio Grande within known travel corridors of both the ocelot and jaguarondi (both considered T&E animals).

b. In accordance with the ESA, USDA ARS consulted with the USFWS on proposed CFTEP Carrizo Cane Topping activities and their potential effects on T&E plants and animal species found in the cane topping area. The USFWS has made a determination that cane topping activities will not likely place T&E plants and animals in jeopardy if the activities abide by the terms and conditions set forth in the BO. T&E animals, other than potential Cattle Fever Tick vectors, will not be harmed or harassed and will be allowed to leave on their own volition. Contractor will notify the designated USDA liaison who will then notify the USFSW immediately if a T&E animal is seen in the project vicinity.

c. Instructional material shall be provided to the vendor in order to conduct the mandatory environmental training prior to the work crews commencing work on the project. In the event new employees are brought in to work on the cane cutting project, they must also receive the mandatory environmental training before proceeding to the work site.

1.8 Site Security

The vendor, at his own option and expense, is responsible for site security as well as the secure storage of personnel, vehicles and equipment used. Equipment should be brought into and out of the work site(s) on a daily basis and not left at a work site overnight or unattended for an extended period.

1.9 Period of Performance and Contract Instrument

The period of performance for this requirement is from date of award for 1 year.

The government intends to issue one or more IDIQ contracts for this requirement based on the quotes received.

Up to 22 task orders will be issued for each of the designated areas. These areas may be referred to as either “Biomass Points” or geographic locations to identify potential areas with Carrizo Cane to be cut. If during the performance period, additional areas are identified, they will be competed amongst the contract holders.

1.10 Contractor Quality Control

The Contractor shall develop and maintain an effective pro-active quality control program to ensure services are performed in accordance with this SOW. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor shall ensure management oversight and supervision, training to employees (including subcontractor employees), error-free work, early problem detection and corrective actions, increased productivity and efficiency, and superior public relations. The Contractor shall provide to the USDA designated COR a report of quality control field observations as mutually agreed by both parties. This report should include any problems identified and corrective actions taken. It is expected that 100% of Carrizo cane identified will be cut at the appropriate level as identified in this SOW. The contractor will only be compensated for work successfully completed.

1.11 Government Quality Surveillance

According to the Inspection of Services clause, FAR 52.246-4 INSPECTION OF SERVICES - FIXED PRICE (Aug 1996), located at Section 5 of this solicitation, the USDA will evaluate the contractor’s performance under any contract awarded under this solicitation for cane cutting. USDA personnel will periodically record surveillance observations and provide them to the contractor for review. Then, the contractor will be expected to evaluate the current QC plan and corrective actions taken as suggested by the Government.

2.0 PRICE

CTEFP has identified 22 potential areas along the Rio Grande Valley that require cane topping . Please refer to ATTACHMENT 1 with KMZ files with instructions for access. Based on these images, offerors MUST submit a fixed price quote based on the provision that the contractor will be paid by the mile for actual Carrizo Cane topped. It is not necessary to provide a quote for all areas to be considered responsive. The firm fixed price quote must be listed in the appropriate line below and be inclusive of all costs related to that particular area including, but not limited to, transportation, labor, material, facilities/utilities required, security, indirect costs, etc. Again, the cane must be topped 15 feet from each side and including the road/trail identified in each of the areas in Attachment 1. The contractor will only be paid for actual miles of topped cane as validated by the USDA COR.

ATTACHMENT 1\Google Earth Pro Instructions for Using KMZ files.docx

Cameron County – Attachment 2 Wage Determination 2015-5301 Rev. 15 applies to the following areas AREA 1: Brownsville Area AREA 2: From Biomass # 9&10 upriver to Biomass #12 AREA 3: From Biomass # 15 upriver to Biomass # 14 AREA 4: From Biomass # 16 upriver to Alliance Bridge West AREA 5: From La Grulla upriver to Los Velas Farms

Starr County – Attachment 2 Wage Determination 2015-5301 Rev. 15 applies to the following areas AREA 6: Rio Grande River townsite upriver to E&S Farms AREA 7: El Barquito, Las Ruinas and Hobos Camp

Maverick County – Attachment 2 Wage Determination 2015-5301 Rev. 15 applies to the following areas AREA 8: Chandler Cane Trails AREA 9: Stone North Cane Trail AREA 10: City Vega South Cane Trail AREA 11: Stone Sapos Cane Trails AREA 12: Rosita Cinco Cane Trails AREA 13: City Vega North Cane Trail AREA 14: Stone House North Cane Pasture AREA 15: Stone House South Cane Pasture AREA 16: De Leon Kickapoo Cane Trail AREA 17: Bowles Cane Trail

Val Verde, Kinney, and Northern Part of Maverick County (all the way to the Eagle Pass town site) Attachment 3 Wage Determination 2015-5305 Rev. 13 applies to the following areas AREA 18: #2,#3 Vega To Eagle Pass Town site Del Rio Cane Trail AREA 19: Del Rio Townsite and Down River to Quemado Cane Trail AREA 20: Nixon and Mcknees Vega Del Rio Cane Trail AREA 21: 5-D Vega, Corralitos Vega, Garcia Park, John Deere Vega, Chamberlain Farms, Dolores Vega

AREA 22: Bobby Guerra & Las Ruinas, Los Velas, Fronton Area, Shufford Farms Solicitation # 12639521Q0113

3.0 CONTRACT ADMINISTRATION

3.1 Orders and Payments

USDA will issue a task order for each area indicated the total price as quoted by the offeror and the period of performance.

Prior to final USDA inspection and acceptance of the work identified in the task order, the contractor shall complete all work, including but not limited to, final clean‐up of the area.

The USDA reserves the right to conditionally accept services that do not conform to contract quality requirements or are otherwise incomplete, that the contractor is required to correct or otherwise complete by a specified date.

The payment provided for in the contract shall constitute full compensation for furnishing all materials and for performing all work under the contract in a complete and acceptable manner. Payment items for the work of this contract are listed in the Pricing Schedule and described in this Scope of Work. The unit price and payment made based on actual miles of Carrizo Cane topped in each area listed shall constitute full compensation for providing equipment, tools, supplies, labor supervision, incidental materials, quality control, environmental protection, meeting safety requirements, and performing all work as provided in this contract. The payment provided for in the contract includes compensation for all risk, loss, damage, and expense arising out of the nature of the work or its prosecution, subject to conditions of the contract. Payment as provided for under the contract constitutes compensation in full for completing the requirements as specified in each Task Order.

3.2 Invoicing

Since the price for each area will be based on actual miles of Carrizo Cane topped, invoices should be sent to the Contracting Officers Representative (COR) via email when the area is completed. The COR will confirm the draft and the mileage are accurate and notify the contractor to submit the invoice into the Invoice Processing Platform (IPP) at http://www.ipp.gov/.

USDA uses the Invoice Processing Platform (IPP) for electronic submission and tracking of purchase orders, invoices, and payment information to its suppliers of goods and services: Enroll at https://ipp.gov. The IPP is a government‐wide secure web‐based invoice processing service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS). Invoices shall include the following information:

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, Task Order number and line item number

(iv) Description and unit price and extended price of the services delivered;

(v) Name, title, and phone number of person to notify in event of defective invoice;

3.3 Contracting Officer’s Representative (COR)

The Contracting Officer will designate a Contracting Officer’s Representative (COR) at the time of award. The COR will be the contractor’s local Government contact for contracts awarded against this requirement.

The COR is responsible for monitoring the performance of work under contracts awarded as written in the contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract be effective or binding upon the Government unless advance authorization is received from the Contracting Officer, and proper contractual documents executed by the Contracting Officer prior to performing the work.

The COR shall inform the Contracting Officer as soon as possible of any recommended modifications, and actions or inactions of the contractor or the Government which could affect the contractor’s ability to comply with the contract performance requirements or completion times.

Whenever, in the opinion of the contractor, the COR requests effort outside the scope of the contract, the contractor shall so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately.

PROCEEDING WITH WORK WITHOUT PROPER CONTRACTUAL COVERAGE AND APPROVAL OF THE CO COULD RESULT IN A BREACH OF CONTRACT AND NONPAYMENT.

The designation (delegation of authority) shall be provided in writing to the COR and the contractor. The delegation of authority shall clearly explain the COR’s role and responsibility on the contract, and limitations of authority.

Questions regarding contractual issues shall be directed to:

3.3.1 Contracting Officer

Todd K. Bierl

USDA APHIS

Animal and Plant Inspection Service 250 Marquette Ave., Suite 410 Minneapolis, Minnesota 55401 Office# (612)336-3465 Cell# (612)500-1321 Email: Todd.K.Bierl@usda.gov

Contracting Officers Representative (COR), Alternate COR, and Technical Point of Contact:

To be provided upon award.

4.0 EVALUATION CRITERIA AND SUBMISSION REQUIREMENTS

4.1 Evaluation Factors

In this acquisition, the Government will identify the quote that offers the best value to the Government based on price and non-price factors and allows the Government to accept other than the lowest priced quote.

Submittal evaluation will occur in accordance with Simplified Acquisition Procedures as outlined in FAR part 13.106-2.

1. Technical Capability: Contractor owns or can obtain the personnel and equipment needed to complete the identified areas within the period of performance not to exceed a year from the date of award. The contractor must summarize its ability to manage and coordinate multiple crews in order to keep the work schedule on time. Contractor must also provide proof of successful background check for personnel on site.

2. Price: Completed Section 2.0 Price Schedule above for the identified areas.

3. Past Performance: Past performance is a measure of the degree to which an offeror has satisfied customers in the past, and complied with federal, state, and local laws and regulations. Offeror’s with no past performance information will be given a neutral rating. This will be evaluated by looking in the Contractor Performance Assessment Recording System (CPARS).

4.2 Submission Requirements

1. A signed copy of the SF 1449 Form. Please complete Block 17a including vendor name, address, phone number, Federal Tax ID number, and DUNS number. Then, sign in block 30a.

2. Certification of requested equipment or other equipment that will be used: Specifications and documentation (video or pictures) that show the cane is cleanly cut and at a height of 3’ (1 meter) would show the effectiveness of alternative equipment. If another style cutter is used, it must be capable and show the cleanly cutting up to 4-inch stalks without mashing the cut-off tops, which will be left to fall in place.

3. Items in Section 4.1 (1) and (2).

4. Completed Section 2.0 Price Schedule

5. Copy of SYSTEM for AWARD MANAGEMENT (SAM) REGISTRATION: SAM Registration is required of all federal contractors. SAM registration enables electronic funds transfer of contract payments. If your company is not already registered, please register in the SAM database at https://www.sam.gov/portal/public/SAM/.

a) A DUNS number is required for SAM registration. If your company does not have DUNS #, obtain one by calling 800-333-0505 or go online to Dun & Bradstreet site.

Business owners or registered principals can request a Dun & Bradstreet D‑U‑N‑S® Number for free by completing an online application. This process may take up to 30 business days. If your company is required to obtain a D‑U‑N‑S Number for a government contract, you may get a D‑U‑N‑S Number for free using the links below. Canadian business owners can register for a D‑U‑N‑S Number on the DNB Express site.

https://www.dnb.com/customer-success.html

US D‑U‑N‑S Registration

US Government D‑U‑N‑S Registration

CA D‑U‑N‑S Registration

Apple Developer D‑U‑N‑S Registration

UK D‑U‑N‑S Lookup

International D‑U‑N‑S Registration

b) If the prospective awardee for this request for quotes is not registered in the SAM database by close of solicitation, depending on mission requirements, the government reserves the right to proceed to award to the next otherwise successful registered offeror.

6. Complete Section 6.0, 52.212-3 (q)(2)-(3).

4.2.1 Questions

All questions must be submitted via email to: todd.k.bierl@usda.gov three days prior to solicitation deadline.

4.2.2 Quote due date, time, and format

Quotes are due via email, no later than April 6, 2021 by 12:00 pm Central Standard Time. It is the contractor’s responsibility to ensure quotes are received on time. Please note that file size limitations, formatting, or other problems may hamper receipt so please verify that the contracting officer has received your quote to todd.k.bierl@usda.gov.

5.0 ATTACHMENTS

Attachment 1 – Carrizo Cane Area KMZ file Attachment 2 – Arundo Points KMZ file

6.0 CONTRACT CLAUSES

6.1 Incorporated by Reference

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016) 52.212-4 Contract Terms and Conditions—Commercial Items. (Oct 2018)

ADDENDUM TO 52.212-4:

a. 52.212-4 paragraph (a), Inspection/Acceptance, is replaced with 52.246-4 Inspection of Services -- Fixed-Price (Aug 1996).

b. 52.212‐4 paragraph (g), Invoices, is revised to include the following statement: All invoices shall be submitted through the Invoice Processing Platform (IPP) at www.ipp.gov. IPP is a secure, web‐based service that manages government invoicing.

c. 52.246-20 paragraph (o), Warranty, is replaced with 52.246-20 Warranty of Services (May 2001).

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013)

6.2 Full Text

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.

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 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 contractors 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 Contractor 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 Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(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 Contractor 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 Contractor 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.

(e) Subcontracts. The Contractor 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)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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 items:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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.)

_X_ (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).

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (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)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] _X_ (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.

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

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) 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.

_X_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

_X_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (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 (Mar 2020) (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 (Mar2020) (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 (Mar 2020) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

__ (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.

_X_ (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.

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

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

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (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).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 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.

_X_ (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.

_X_ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 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).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (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 (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (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).

_X_ (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 (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Feb 2006) 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 items:

[Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

_X_ (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).

_X_ (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).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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…