Horton_Mill_PCT_and_Juniper_Cut_and_Pile_Draft_Contract_for_CO_-_Finished.pdf

140L3723Q0064

SECTION B

SCHEDULE OF ITEMS

Item Item Description Quantity Unit Unit Price Total Amount

10 Horton Mill PCT4 Units 1 and 2

Thinning/Juniper Cutting and

Machine/Gathering Piling 416 Acres $ $_________

TOTAL $_________

PERIOD OF PERFORMANCE: June 1, 2023 through November 30, 2025

STATEMENT OF WORK

PRECOMMERCIAL THINNING/JUNIPER CUTTING AND MACHINE PILING

1.0 GENERAL

1.1 Description of Work

Project consists of providing more growing space for selected trees and other vegetation by cutting competing trees and machine piling the slash. The units are located generally within mountain big sagebrush and low sagebrush communities with inclusions of ponderosa pine stands, juniper woodlands, and mountain mahogany stands. The cutting is a mix of precommercial thinning and juniper cutting.

1.2 Location of Project

Project maps show the location of project units.

Township/Range and distance/direction from the nearest town are as follows:

Item No.

10, Horton Mill PCT 4 Units 1 and 2

Location: Unit 1: T. 22 S., R. 29 E., Sections 15, 16

Unit 2: T. 22 S., R. 29 E., Section 4, 5, 9

Units are in the Horton Mill/Skull Creek Area. They are approximately 12 air miles northwest of Burns, Oregon.

1.3 Boundaries of Project Areas

All Units are marked with orange flagging and green paint. The paint faces into the project area. Painted boundary trees will be cut and piled unless protected by other clauses of the contract. All units were surveyed using the Global Positioning System and acreages computed on a horizontal basis. There are a few units from other projects in the general vicinity. Some of these other projects may use colors of paint and flagging similar to those listed in this paragraph.

1.4 Access

Unit 1 can be reached by taking Hines Logging Road northwest of Burns, Oregon to

Walters Road on right (approximately 13.5 miles). Approximately one mile up the

Walters Road take a left on unnamed two-track. Proceed approximately 1.45 miles on unnamed two-track. Take left onto another unnamed two-track for 0.25 miles. Take left on another unnamed two-track for approximately 0.2 miles and unit will be on your left.

Unit 2 can be reached by taking Hines Logging Road northwest of Burns, Oregon to the

East Horton Mill Road (approximately 15.5 miles). Approximately 1.80 miles up the East

Horton Mill Road and the unit will be on the right.

Access to the project areas is by seasonal roads, wet road conditions may hinder or temporarily prevent access.

Additional Bureau of Land Management (BLM) travel maps are available for purchase at the Burns District Office in Hines, Oregon, and are highly recommended for navigation.

Also, PDF maps that can be downloaded to mapping applications, such as Avenza, may be made available.

Use of All-Terrain Vehicles (ATVs): Use of ATVs will be allowed to access remote portions of project areas if needed. If an ATV is used, it shall be of such design that it will travel over rough, uneven terrain and not create wheel ruts and channels.

1.5 Pre Work Conference:

At the mandatory prework conference, and as required throughout the contract, the

Contractor shall provide a work schedule outlining proposed work accomplishment rates which must be acceptable to the Government.

1.6 Permit

State law requires a permit to operate power driven machinery. Permits must be obtained from the State Forestry Office in Salem or at local offices prior to the operation of power-driven machinery. This requirement applies to chain saws. Permits will be made available at the time of the pre-work meeting.

1.7 Noxious Weeds

To prevent the spread of noxious weeds, all equipment and vehicles including

ATV/UTVs will be cleaned off prior to entry onto Government land. Removal of all dirt, grease, and plant parts that carry noxious weed seeds or vegetative parts is required and may be accomplished with a pressure hose. In addition, Contractor's equipment shall be cleaned prior to all subsequent moves if operations have been in an area known to have noxious weeds. The COR may request to inspect all equipment to be used on the project area prior to being moved into the project area.

2.0 DEFINITIONS

Brush - Vegetation consisting of shrub species with single or multi-stems origination at or near ground level not normally reaching 20 feet in height. Examples include mountain mahogany, chokecherry, and serviceberry.

Competitive trees - All juniper seedlings, saplings, and trees and other live coniferous trees, not selected as leave trees, or stumps with live limbs.

Conifer - An evergreen or cone bearing tree such as ponderosa pine, Douglas-fir, Western larch, grand fir, white fir, and juniper.

Damaged leave tree - A leave tree damaged through felling of other trees or brush or contact with cutting tools.

DBH - Diameter of the tree at breast height, measured at a point 4½ feet above ground level from the uphill side of the tree.

Duff - A layer of needle cast and fine woody material on the forest floor, usually in various depths and stages of decomposition.

Hardwood - A broad-leaved tree which usually has a single well-defined trunk and attains a height of greater than 20 feet. Includes, but not limited to, species such as aspen, cottonwood, and willow. Sprouting hardwood species may be in the form of multi-stemmed clumps.

Leave trees

a. (Trees not cut) All conifer trees except juniper, greater than 12 inches DBH. All hardwood trees.

b. Any tree having survey/monument signs or survey marks on it.

c. All trees along fencelines that have fence wire attached to them.

d. Trees with cultural significance or obvious wildlife occupation, i.e., cavities or raptor nests.

e. NOTE: All leave trees are not marked. It is the Contractor's responsibility to identify them.

Lodged trees - Cut trees leaning into, supported by or covering a leave tree.

Lop - Trim by cutting off branches, twigs, or stems.

Old growth juniper - Any juniper trees possessing most of these characteristics: a rounded top, large dead limbs, deeply furrowed bark, deeply dissected trunk, large lower limbs, and yellow lichen on branches.

Shrub - Vegetation consisting of shrub species with single or multi-stems origination at or near ground level not normally reaching 20 feet in height. Examples include, but are not limited to, mountain mahogany, chokecherry, and serviceberry.

Slash - Any downed woody material within the project area. Slash includes cull logs, uprooted stumps, wood chunks, broken tops, limbs, branches, rotten wood, dead or damaged mountain mahogany, damaged brush, damaged or destroyed young trees, felled snags, and surplus trees.

3.0 CONTRACTOR-FURNISHED ITEMS

3.1 Property and Services

The Contractor shall provide all transportation, supervision, labor, tools, materials, and equipment required to satisfactorily complete the contract.

3.2 Crew Requirements

3.2.1 The Contractor must maintain an adequate workforce at all times to ensure timely completion of the work.

3.2.2 No more than three crews will be permitted to work simultaneously unless authorized.

3.2.3 State safety regulations require that crewmembers shall not work alone and access to emergency transportation shall be provided by the Contractor at all times.

3.2.4 The Contractor shall obtain written authorization from the Resource Area Office prior to camping on land administered by the BLM.

3.3 Supervisor Requirements

Persons designated by the Contractor as supervisors must actually perform in that capacity. The supervisor shall ensure the contract work is performed properly. The supervisor must, therefore, effectively direct the crew by (1) making periodic inspections of the crew's work, (2) advising them as to deficient work, and (3) providing instructions for correcting such deficiencies. This person shall be capable of speaking and reading

English well enough to ensure good communications with the PI. Any group of people without such an individual will not be considered a crew. Should the supervisor fail to adequately perform these duties, the Government has the right to request substitution.

The Contractor shall designate one English-speaking supervisor for each crew. Any changes in supervisory designations must be submitted in writing to the CO at least

24 hours prior to the changes taking effect.

4.0 GOVERNMENT-FURNISHED PROPERTY

There is no government furnished property.

5.0 SPECIFIC TASKS

5.1 Trees Reserved from Cutting (Leave Trees)

5.1.1 All conifers over 12” DBH with the exception of juniper. All juniper shall be cut unless protected under 5.1.4 or other clauses in this contract.

5.1.2 Live mountain mahogany, serviceberry, bitter cherry, elderberry, and chokecherry shall not be cut, but some damage and/or removal will be allowed in order to pile cut trees and slash.

5.1.3 All dead and live juniper that are providing cavity-nesting habitat, raptor nest, or showing old growth characteristics (defined in 2.0) shall not be cut.

5.1.4 Leave all trees to which a fence is attached.

5.1.5 Contractor shall protect from injury or damage all bearing trees, corner posts and monuments within or adjacent to the project area(s).

5.2 Selection of Cut Trees or Trees to be Cut/Felled

5.2.1 All juniper trees unless protected by other clauses of this contract mentioned above.

5.2.2 All other conifers under 12” shall be cut unless specified by other clauses of the contract.

5.2.3 All trees with boundary paint or ribbon for this contract shall be cut and piled, unless already protected under other clauses of this contract.

5.2.4 All cut trees shall be completely severed from the stump(s). No live limbs will be left on the stump of cut trees. Stump height shall not exceed 6 inches measured on the uphill side.

5.2.5 Cut trees lodged in leave trees shall be dislodged or removed.

5.2.6 Trees that have been felled across secondary roads shall be removed from the road the same day.

5.2.7 Cut trees falling across property lines between BLM and adjacent landowners, as shown on the project maps, shall be moved completely into the project area that same day.

5.2.8 All fences shall be kept free of cut trees concurrently with thinning. Any damage to fences resulting from this project shall be repaired by the Contractor, at the Contractor's expense, on the same day that damage occurred.

5.3 General - Machine Gathering/Piling Item 20

The following specifications are designed to accomplish the reduction of fire hazard in the designated area by machine piling of the slash created by cutting activities as well as preexisting slash.

Machine piling shall be done concurrent with cutting. All operator generated slash shall be piled within 30 days of being cut and/or prior to being shut down due to high fire danger.

5.3.1 Definition of Slash

Any downed woody material within the project area. Slash includes uprooted stumps, chunks, broken tops, limbs, branches, rotten wood, dead or damaged mountain mahogany, damaged brush, damaged or destroyed young trees, and felled trees.

5.3.2 Equipment –Machine Gathering/Piling Item 20

Machine gathering/piling shall be accomplished with machinery capable of suspending one end of the load and as needed, yarding slash to a suitable site for piling. It is expected that the type of equipment shall be a Caterpillar E140 excavator or equivalent or smaller. In areas of thick duff and small slash particle size, the duff and small slash pieces shall be incorporated into the slash piles. It is anticipated that this will be accomplished by a crawler –type tractor the size of a Caterpillar D-4 or equivalent or smaller. This tractor shall be equipped with a brush rake no more than 10 feet six inches in width.

However, other equipment may be considered by the COR if the Contractor can provide assurances that the duff and small slash particles can be effectively gathered and piled with the equipment proposed without undue resource damage.

5.3.3 Location and Construction of Piles

Pile locations will be selected by the Contractor and must be within the unit boundaries.

Distance between machine piles measured from pile edge to pile edge will be at least

50 feet where that is possible.

Piles shall be located so that burning will not cause damage to standing green trees or to physical improvements such as cattleguards or fences. Unless otherwise approved, this will be construed to mean the near edge of piles will be at least 16 feet or not less than twice the height of a pile from the crown of any live tree or physical improvement, whichever is the greater distance.

If conditions make it impractical to locate piles so that damage to the leave trees cannot be completely avoided, a space shall be cleared, and all material placed on the pile in the cleared area. Select a low priority tree to sacrifice where spacing allows no room for a pile. All natural openings shall be used before clearing a pile site.

Machine piles shall contain a minimum of soil. No dirt other than that adhering to bark or in root wads will be acceptable in the pile.

Machine piles shall not be less than 16 feet in diameter nor less than 8 feet in height.

Machine piles shall not exceed 22 feet in diameter or 12 feet in height. The piles shall be constructed by laying stems, cut boles, and other slash so as to be parallel with each other as much as is practicable. All other specifications regarding machine piles shall still apply.

All logs shall be placed in piles perpendicular to the slope so they will not roll downhill during burning.

Pine logs or pieces 20 inches or larger at the large end shall be left in place and not piled whenever possible and practicable.

All slash within 20 feet of the edge of the pile shall be piled.

All material placed in the pile shall be contained within the general contour of the pile.

5.3.4 The majority of duff within 4 feet of ponderosa pine trees over 26 inches DBH will be scraped down to mineral soil on all sides and will be spread away from any leave tree to a depth of less than 12 inches. Care shall be taken to not dislodge the bark on the tree nor to dig into the soil and disturb the root system. It is anticipated this work will be conducted with an excavator. If this work cannot be accomplished with an excavator, hand tools shall be used. A dozer or skidder will not be approved for this work.

5.3.5 Damage

Trees knocked over or uprooted shall be cut leaving a stump no higher than 6 inches above the ground and shall be treated as any other slash in the unit.

Piling shall be accomplished with the least possible disturbance to the residual stand, ground cover, and soil. If, the Contractor is causing too much damage, the Contractor shall be required to alter his operation to prevent the occurrence of such damage. The amount of acceptable damage to the resources varies from timber type to soil type and slope.

5.3.6 Damage to Improvements

Equipment shall not be operated on road surfaces, cutbanks or fill slopes. Any damage to fences shall be immediately repaired. Also, damage to waterbars, ditches, and other improvements shall be promptly repaired before leaving the area. These repairs will be at the expense of the Contractor.

5.4 Utilization of Woody Biomass

a. The Contractor may remove and utilize woody biomass if:

(1) Project work is progressing as scheduled; and

(2) Removal is completed before contract expiration.

b. To execute this option, the Contractor must submit a written request to the

Government. There is an estimated quantity of 500 green tons of woody biomass in the project area.

c. Following receipt of the written request, and if appropriate, the Government and the Contractor will negotiate and execute a separate timber/vegetative sales contract. Payment under the timber/vegetative sale contract must be at a price equal to or greater than the appraised value of the woody biomass. The

Contractor must make any appropriate payment specified in the related timber/vegetative sales contract before removal may be authorized.

d. If required by law, regulation or Bureau policy, the Government will prepare a timber/vegetative sales notice and/or prospectus, including volume estimates, appraised value and any appropriate special provisions.

e. The Contractor must treat any woody biomass not removed in accordance with the specifications in the service contract.

f. The sales contract and service contract are severable; default or termination under either contract does not remove the Contractor from payment or performance obligations under the other contract.

g. Definitions:

Timber/vegetative sales contract and/or notice means the agency-specific authorized contract instrument for the sale, barter, exchange, billing, or other compensation for the payment, removal, and/or transportation of woody biomass material.

Woody biomass means the trees and woody plants, including limbs, tops, needles, leaves, and other woody parts, grown in a forest, woodland, or rangeland environment, that are the by-products of management, restoration and/or hazardous fuel reduction treatment.

6.0 REMEASUREMENT OF UNITS

The Contractor may, at any time during the course of the contract, request remeasurement of any unit he feels that the acreage stated in the contract is incorrect. If remeasurement indicates that a variance of 5 percent or less exists, the Contractor will pay for the actual cost of the remeasurement. Under this condition, payment for the unit will be made on the acreage stated in the contract. If remeasurement indicates the actual variance is greater than 5 percent, payment for the unit will be based on the remeasured acreage.

Acreages are measured on the horizontal plane.

7.0 PRESERVATION OF HISTORICAL AND ARCHAEOLOGICAL RESOURCES

If, in connection with operations under this contract, the Contractor, subcontractors, or the employees of any of them, discovers, encounters or becomes aware of any objects or sites of cultural value on the project area, such as historical or prehistorical ruins, graves or grave markers, fossils, or artifacts, the Contractor shall immediately suspend all operations in the vicinity of the cultural value and shall notify the CO in writing of the findings. No objects of cultural resource value may be removed. Operations may resume at the discovery site upon receipt of written instructions. Actions taken under this paragraph shall be subject to the Suspension of Work clause.

8.0 SUBCONTRACTS

If the Contractor desires to subcontract any work under the contract, it shall obtain the

CO's written consent. The request to subcontract shall contain the following information:

a. Name of subcontractor

b. Description and amount of supplies or services to be subcontracted. The Contractor shall insert in any subcontracts all applicable clauses contained in the contract.

9.0 RESTORATION OF RESOURCES

Cleanup - The Contractor is responsible for cleaning up all camp and worksites before leaving the area. Final payment may be withheld until the Contractor has complied with this requirement.

Access Roads - Public or private access roads damaged by the Contractor shall be restored, at his expense, to the same condition they were in at the commencement of work.

FIRE REQUIREMENTS

Procedures Outline

This outline covers the fire protection requirements of a Contractor or private party who performs service or construction contracts on BLM land. In Oregon, the BLM allows Oregon

Forest Law (ORS) and Oregon Administrative Rules (OAR) to apply to these operations on

BLM lands rather than develop similar rules applicable only to BLM lands.

1. Closed Fire Season

The closed fire season means that fire season has been declared. ORS 477.505 gives the State

Forester the authority to establish the fire season. The authority has been delegated to the

District Foresters around the State who issue public notices through the newspapers and radio when fire season will be closed for their individual districts. Closed fire season depends upon the drying of forest fuels, rainfall, and time of year. During the closed fire season, the following requirements must be met:

Fire tools must be onsite;

Fire extinguisher must be in all vehicles;

Chain saws must have a .023-inch mesh screen installed in the exhaust;

Only unmodified saws are to be used in the forest;

Approved spark arresters must be on all internal combustion engines;

Watchman service must be provided for 3 hours after shutdown of power equipment for the day;

No smoking is permitted while working or traveling through any operations area in the forest;

No use of explosives is permitted unless approved by the State Forester's representative;

Permits to burn are required unless waived by a representative of the State Forester.

Permits to operate power-driven machinery shall be obtained by the Contractor prior to commencing operations unless waived by a representative of the State Forester (ORS

47.625).

Changes or modifications to the above requirements are possible depending upon changes in

State law and requirements of the State Districts and Protective Associations.

2. Fire Precaution Levels

There are four fire precaution levels that being with Level 1 at the start of the closed fire season and can go through Level 4 if conditions warrant. The fire precaution levels restrict certain forest operations as the fire danger increases. It is the responsibility of the individual operating on forest land to know the precaution level for the day and take the correct fire precautions.

There are no precaution levels prior to the closed fire season. Each fire precaution level requires adherence to the restrictions applicable to all lower levels in addition to the limits placed by that level.

Level 1 is the lowest level of fire danger usually occurring early in the season and perhaps again after significant rainfall during the season. All requirements listed above apply.

Waivers may be issued by the State Districts or Protective Associations, and they MUST be approved by the BLM. Waivers will only be considered if the conditions on the worksite are not as severe as predicted. The requirements for fire tools onsite, screens installed in saws, and fire extinguishers with saws will not be waived.

Level 2 is the partial hoot owl where saws can operate from first light in the morning until

1:00 p.m. in the afternoon. From 1:00 p.m. until the end of the day saws are to be shut down. Waivers for operating beyond the 1:00 p.m. shutdown will be evaluated on a site-by-site basis.

Level 3 is the partial shutdown of all forest industrial operations and shuts down Contractor operations with few exceptions. Waivers may be issued on a site-by-site basis.

Level 4 is the general shutdown of all Contractor operations. Waivers will not be issued.

Landowners are permitted entry into their lands.

ORS.477.066 requires that an operator on forest land take immediate action to control and extinguish a fire on forest land. The Contractor shall take this action and notify the BLM and the nearest State of Oregon District Office immediately.

OAR.629-43-030 requires watchmen to be:

Physically capable and experienced in operating any firefighting equipment onsite.

On duty for 3 hours after the shutdown of the last power-driven equipment for the day.

Furnished adequate facilities for transportation and communications in order to summon assistance if needed.

Patrolling and visually inspecting all sites where work was done during the day.

3. Fire Tools Required During Closed Fire Season

The operator/Contractor shall furnish fire tools to all personnel onsite using the following combinations.

Number of Personnel

1-4 5 6 7 8 9 10 11 12 13 14

Kind of Tools Number of Tools Required

Pulaskis 1 1 1 1 1 1 2 2 2 2 2

Shovels 2 2 2 3 3 3 3 4 4 5 5

Hazel Hoes 1 2 3 3 4 5 5 5 6 6 6

In addition to the above handtools, the operator/Contractor must provide a backpack pump that can be filled with water located within the tool box in a readily available area.

All shovels are to be size 0 or larger, long handled. All tools shall be sharp and ready for service. Fire extinguishers as follows:

For chainsaws - 8 oz. capacity by weight

For vehicles - UL rating of at least 4 BC

4. Additional Water Supply

Contractor shall comply with ORS 477.615 during fire season when inside or within one-eighth of one mile of a state forest protection district and furnish additional water supply and equipment for use in fire suppression in conformity with the rules promulgated by the Oregon State

Forester, when directed by the Oregon State Forester in writing. When required, all water supply and equipment components shall be maintained and ready for immediate use.

During fire season when operating a stationary internal combustion engine inside or within one eighth of one mile of a state forest protection district, Contractor shall comply with ORS 477.650 and provide a water supply, with equipment for its use in fire suppression for each engine, in conformity with the rules promulgated by the Oregon State Forester. All water supply and equipment components shall be maintained and ready for immediate use.

E. SOLICITATION PROVISIONS

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (NOV 2021)

52.212-2 Evaluation - Commercial Products and Commercial Services. (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Award will be made on a Lowest Priced Technically Acceptable basis.

Quotes will be evaluated for technical acceptability based on:

- Technical Capability and Experience: The quote shall include a description of your technical approach and expected timeframe to complete the project, equipment, supervision and personnel.

Include a commitment to keep the project manager/crew foremen on site for the duration of the project and communicate to the COR/PI the technical aspects of the project. In addition, please explain how the contractor and manager are qualified to successfully complete the tasks illustrated in the Statement of Work.

Describe the equipment that will be used for the job, that is suitable for the job and in good mechanical condition to prevent any long delays in completing the work.

- Past Performance: Three past performance reports showing similar work, in a similar environment, of a similar scale that has been completed before the associated performance evaluations. References shall be for projects completed in the last 3 years. Include the reference’s point of contact name, email and phone number.

The government may, at its discretion, base past performance on past knowledge and previous experience with the contractor, supply or service being provided, reports from the CPARS

(Contractor Performance Assessment Reporting System), customer survey or other reasonable basis.

The offeror must have satisfactory past performance. If the offeror has records in the CPARS system, the ratings may not be less than Satisfactory. If Marginal or Unsatisfactory CPARS records do exist the offeror shall include a description of the problems encountered and steps taken to ensure the issues have been corrected. The Contracting Officer will review the information submitted.

Price: Provide price per acre as well as total cost of the project.

Award will be made to the responsible offeror whose proposal meets all the technical requirements of the SOW, has satisfactory past performance, and is lowest priced. By submission of its quote an offeror certifies that it will meet all the requirements and perform all the services listed in the SOW unless the quote clearly states otherwise.

The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the

Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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

Equipment. (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph

(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

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

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

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

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management

(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that-

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The

Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

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

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment

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

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

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

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

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

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment

(include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

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

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

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (NOV 2021)

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

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and

"reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management

(SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) Representations. (1) The Offeror represents that it [ ] does, [ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

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

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (OCT

2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision-

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6

U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except-

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in

Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology-

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International

Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern-(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13

CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United

States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR

124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on

State law and specific circumstances.

Veteran-owned small business concern means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13

CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at

FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial

Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs _________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that-

(i) It ___ is, ___ is not a small business concern; or

(ii) It ___ is, ___ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________.]

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ___ is, ___ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small…