OM-RFQ 12444522Q0073.pdf

NICOLE SCOTT Digitally signed by NICOLE SCOTT Date: 2022.08.18 09:11:03 -04'00'

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 Debris Removal - Eleven Point and Poplar Bluff

Ranger District

Dumpsite removals across the MTNF Zone-2

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

28 2 of

OM-RFQ: 12444522Q0073

Table of Contents Section B – Continuation of SF 1449

Statement of Work (SOW)

Schedule of Items/Price Schedule

Section C – Contract Clauses

52.252-2 Clauses Incorporated by Reference (FEB 1998)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV

2021) (DEVIATION 2017-1)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAY 2022) (DEVIATION 2017-1, DEVIATION APR 2020, and DEVIATION JUL 2020)

52.217-8 Option to Extend Services (Nov 1999)

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

52.232-18 Availability of Funds (APR 1984)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

452.211-74 Period of Performance (FEB 1988)

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

Section D – Contract Documents, Exhibits, or Attachments

Section E – Solicitation Provisions

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

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

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

Section F – Representations & Certifications

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

52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2022) (DEVIATION JUL 2020)

Section B – Continuation of SF 1449

Statement of Work (SOW)

Contract Awards Award will be made to one offeror.

Basis of Award Award will be made to the most highly ranked offeror (1) whose total quote is technically acceptable, has demonstrated past performance in meeting customer satisfaction, and (2) whose past performance and technical/cost relationship presents the BEST VALUE and is the most advantageous to the Government.

Pre-Solicitation Meeting A Pre-Solicitation Meeting is not scheduled for this Solicitation. Please contact the Contracting Officer for information for the following: (1) to review the requirements of the Performance Based Service Contract type of contracting, (2) to discuss the format for submitting quotes, and

(3) to discuss the evaluation process for this contract. Contractors are urged to contact the individual listed below under Technical Contacts for additional information.

Site Visits No formal site visits are being scheduled for this solicitation. Contractors desiring to view the sites may schedule a site visit by contacting the technical contact below.

COR

For technical questions, you may contact:

Richard Scot Robinson (Eleven Point Ranger District) scot.robinson@usda.gov Aaron Moore (Poplar Bluff Ranger District) aaron.moore@usda.gov

Arrange site visits with Aaron Moore at 573-261-9650.

Scope The contractor shall furnish all labor, materials, equipment, transportation, tools, supervision, supplies and incidentals.; to perform all work required to remove, transport, and dispose of all material in trespass dump sites in accordance with the specifications, maps, terms, and conditions of this contract.

Project Location The areas are located within the boundaries of the Mark Twain National Forest, Eleven Point and Poplar Bluff Ranger Districts, in Oregon, Wayne, Carter, and Butler Counties, Missouri. Sites have been identified on maps and by description. Some units are trash clean up along entire mailto:scot.robinson@usda.gov mailto:aaron.moore@usda.gov roads and some units are individual dump sites. See area maps attached. Access to some sites may involve the removal and re-installation of road closures. Other sites may be in or near streams.

Description of Work Removal and Cleanup means removing all debris leaving a workable soil level for seeding and mulching. Slope stability of each area may be required by filling, grading, and compacting, where necessary. Removal and clean up may involve the use of a portable dumpster, tractor, skid-steer, backhoe, and/or dump truck. Special handling and disposal are required for all material that might contain toxic or hazardous substances. The Contractor will be prepared to provide this special handling and disposal, as required by environmental regulation or law.

Possible items might include but not be limited to, refrigeration equipment with Freon, tire carcasses, auto batteries, florescent light bulbs and ballasts, used oil, vehicle fuel tanks, electronic components, and any other item containing known toxic or hazardous substances. All items must either be recycled or disposed at a facility licensed to properly dispose of the type of hazardous material. The Contractor is responsible for maintaining the integrity and stability of highways, roads, and road embankments affected by work under this contract. Any measures needed to stabilize road embankments, reconstruct drainage structures, or repaving of highway surfaces affected by this work shall be the responsibility of the Contractor. The Contractor must obey state weight limits. All trucks used to transport debris from any site must be covered by tarp or other means necessary to prevent material from blowing out of the truck during transport.

Landscape Preservation The contractor shall give attention to the effect of contract operation upon the landscape and shall conduct the work in compliance with the following requirements:

Minimize damage to the Landscape.

The Contractor shall minimize ground disturbance and damage to trees, shrubs, or other natural feature or any other improvements in the work area to the extent possible in the removal and cleanup of these sites. However, this does not relieve the Contractor of any obligation to remove and dispose of all waste within the site. Waste shall not in any case be covered or otherwise allowed to remain in place.

Protect Streams, Lakes and Reservoirs.

The Contractor shall take sufficient precautions to prevent pollution of streams, lakes, small ponds, and reservoirs with fuels, oils, bitumen, calcium chloride, silt, or other harmful materials.

Mechanical equipment shall not be operated in live streams without the approval of the COR or Inspector.

Protect Plants, Animals, Cultural Resources, and Cave Resources.

Areas, known by the Government, needing special measures for the protection of plants, animals, cultural resources, and/or cave resources will be identified prior to starting work. Contractor shall conduct operations in a manner that does not damage or disturb identified areas. In the event that protective measures identified by the Government are inadequate, Contracting Officer may delay or interrupt Contractor's operations, and/or modify the contract. Discovery, by either the Contractor or the Government, of additional areas, resources, or species needing special protection shall be promptly reported to the other party.

The Contractor shall install, operate, and maintain erosion control devices, such as silt fences or straw bales as specified by the COR, or any other permit required by this work.

The Contractor shall minimize the cutting of trees and excavation to the extent possible.

Disturbed areas shall be re-vegetated.

The Contractor shall be responsible for establishing acceptable erosion prevention vegetation on areas of ground disturbance in the contract area. This requirement only applies to the areas identified by the Forest Service, which are a result of the Contractors actions. Re-vegetation measures shall be applied in such a manner and at times as directed by the Forest Service to establish an acceptable grass cover.

The Contractor shall use the following rates in re-vegetating disturbed areas: One or more of the following must be applied at a rate of 30 pounds per acre: winter wheat, oats, or an annual rye with an additional 5 pounds per acre of clover. A standard fertilizer (12-12-12) or better shall be applied at a rate of 300 pounds per acre. The Contractor shall not begin re-vegetation work unless approved by the COR or Inspector.

Safety The Contractor is responsible for safety and shall be in compliance with all applicable State and Federal safety requirements or regulations at all times for workers and the general public. The Contractor shall maintain safe traffic access along highways and roads and shall comply with all regulations of Missouri Department of Transportation. On-site hazards: Standing snags and downed trees; operating heavy equipment with insufficient training or experience: performing earthwork or excavation activities upslope of a roadway or other facility or activity; refueling equipment; performing maintenance on equipment; unearthing buried hazards such as meth lab dump sites; other vehicle traffic; and adverse weather conditions. These are not all inclusive.

Inspection At the completion of each site, the Contractor shall provide the COR with the following documentation:

Digital Photographs before, during, and after the cleanup Names of all facilities used for disposal of waste, tires and other recyclables, and hazardous materials Weigh tickets for all waste, tires and other recyclables, and hazardous materials disposed.

Inspection of the work shall be made by the Contracting Officer’s Representative (COR) or the designated inspector as the work progresses at such intervals as are necessary to ensure compliance with the contract specifications and provisions. Upon completion of a site, the contractor shall notify the COR so that they can make an inspection of that phase of work. If the work is unacceptable, the contractor shall complete any remedial work required for acceptance prior to commencing work on the next area.

Item Descriptions:

Item no. 1 consists of 6 roads corridors and 10 dump sites that occur on the Eleven Point Ranger District. The roads are labeled Roads 1-6 and individual dump sites are labeled Dumps 1-10 on provided maps. GPS coordinates have been provided for reference.

Item no. 2 consists of 9 road corridors and 46 dump sites that occur on the Poplar Bluff Ranger District. The roads are labeled Roads 1-9 and the individual dump sites are labeled Dumps 1-46.

GPS coordinates have been provided for reference.

Option Item no 3,4,5 consists of 1 house structure on the Eleven Point Ranger District and 1 house structure and large dump (47) on the Poplar Bluff Ranger District. These 3 option items will be awarded depending on quotes received and government funding.

The roads are Forest Service roads, non-system trails, and county roads that have varying amounts of debris scattered along either side of the road. All debris on both sides of the road identified must be removed within 100 feet of centerline on both sides of the linear feature.

Schedule of Items/Price Schedule

Base line item CLIN Description QTY Unit Unit Price 0001 Eleven Point RD 2.55 $ _________

Road # County Road Location Length (miles)

Unit Price

1 Oregon County Road 446 0.48 2 Oregon County Road 113 0.61 3 Oregon Forest Service Road 4143 0.33 4 Oregon Non-System Trail 0.14 5 Oregon County Road 125 0.25 6 Oregon Forest Service Road 4145 0.74

Dump # Coordinate 1 Oregon 36°47'06.4" N, 91°20'29.8" W 2 Oregon 36°44'49.8" N, 91°19'52.6" W 3 Oregon 36°44'27.8" N, 91°19'20.0" W 4 Oregon 36°44'33.7" N, 91°17'27.8" W 5 Oregon 36°44'24.2" N, 91°17'06.3" W 6 Oregon 36°44'22.1" N, 91°17'03.0" W 7 Oregon 36°43'10.3" N, 91°19'21.1" W 8 Oregon 36°41'49.4" N, 91°16'40.4" W 9 Oregon 36°42'09.9" N, 91°15'02.7" W 10 Oregon 36°41'44.1" N, 91°13'17.5" W

0002 Poplar Bluff RD 4.25 $ _________ Road # County Road Location Length

(miles) Unit Price

1 Wayne Special Use Road 0.07 2 Wayne Forest Service Road 3579 1.12 3 Wayne County Road 541 0.27 4 Wayne Forest Service Road 3838 0.46 5 Butler County Road 522 0.26 6 Butler County Road 449 0.45 7 Butler Forest Road 3591 0.22 8 Butler Highway PP 0.21 9 Carter Highway B 1.19

Dump # Coordinate 1 Wayne 37°07'48.7" N, 90°22'13.9" W 2 Wayne 37°07'01.5" N, 90°22'17.7" W

3 Wayne 37°06'11.5" N, 90°24'10.4" W 4 Wayne 37°05'34.5" N, 90°25'13.7" W 5 Wayne 37°05'29.7" N, 90°23'29.5" W 6 Wayne 37°04'26.7" N, 90°22'51.9" W 7 Wayne 37°04'14.4" N, 90°21'39.2" W 8 Wayne 37°04'08.8" N, 90°21'44.7" W 9 Wayne 37°04'08.5" N, 90°21'24.7" W 10 Wayne 37°03'46.9" N, 90°21'45.7" W 11 Wayne 37°03'41.1" N, 90°21'42.4" W 12 Wayne 37°03'10.1" N, 90°21'02.8" W 13 Wayne 37°03'07.3" N, 90°21'02.2" W 14 Wayne 37°03'36.9" N, 90°27'56.0" W 15 Wayne 37°02'18.1" N, 90°28'06.1" W 16 Wayne 37°00'45.9" N, 90°26'53.5" W 17 Butler 36°53'27.3" N, 90°29'13.9" W 18 Butler 36°51'56.9" N, 90°16'57.6" W 19 Butler 36°51'44.5" N, 90°17'09.9" W 20 Butler 36°51'37.3" N, 90°17'31.3" W 21 Butler 36°50'33.1" N, 90°18'11.9" W 22 Butler 36°49'10.6" N, 90°19'28.5" W 23 Butler 36°52'36.2" N, 90°20'19.5" W 24 Butler 36°52'19.3" N, 90°20'38.9" W 25 Butler 36°51'07.9" N, 90°20'09.6" W 26 Butler 36°52'19.9" N, 90°25'00.2" W 27 Butler 36°50'57.7" N, 90°24'57.6" W 28 Butler 36°50'56.4" N, 90°23'42.2" W 29 Butler 36°50'40.4" N, 90°23'33.3" W 30 Butler 36°50'34.5" N, 90°23'33.7" W 31 Butler 36°50'29.5" N, 90°23'31.7" W 32 Butler 36°50'22.2" N, 90°23'29.0" W 33 Butler 36°47'07.5" N, 90°30'59.4" W 34 Butler 36°46'30.6" N, 90°36'30.8" W

35 Butler 36°46'33.3" N, 90°36'46.9" W 36 Butler 36°46'16.7" N, 90°37'13.2" W 37 Butler 36°50'28.8" N, 90°34'55.4" W 38 Butler 36°50'59.2" N, 90°36'43.1" W 39 Butler 36°49'33.6" N, 90°39'02.0" W 40 Butler 36°49'51.9" N, 90°38'45.4" W 41 Butler 36°50'26.6" N, 90°39'02.8" W 42 Butler 36°51'43.7" N, 90°38'11.5" W 43 Butler 36°51'39.0" N, 90°38'07.0" W 44 Butler 36°51'27.5" N, 90°38'37.5" W 45 Butler 36°51'26.1" N, 90°38'42.5" W 46 Butler 36°51'21.3" N, 90°39'01.1" W

Total of CLIN 0001 & 0002: $ _________

Option Line Item (Option line items may be exercised pending funding) CLIN Description QTY Unit Unit Price 0003 Option Item – House Structure (Eleven Point RD)

(Option line items may be exercised pending funding)

Oregon 36°47'09.6" N, 91°20'30.3" W House Structure

0004 Option Item – House Structure (Poplar Bluff RD) (Option line items may be exercised pending funding)

Butler 37°02'17.5" N, 90°28'06.5" W House Structure

0005 Option Item – Large Dump 47 (Poplar Bluff RD) (Option line items may be exercised pending funding)

Butler 36°50'59.3" N, 90°36'53.9" W Large Dump 47

Total of Option (CLIN 0003 – 0005): $ _________ Total of Base (CLIN 0001 & 0002): $ _________

Grand Total (Base + Options): $ _________

Place of Performance

Eleven Point Ranger District 4 Confederate Ridge Rd Doniphan, MO 63935-9467

Section C – Contract Clauses

52.252-2 Clauses Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452) Deviations to clauses may be viewed at: Policies & Regulations | USDA

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (NOV 2021) (DEVIATION 2017-1)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders– Commercial Products and Commercial Services (MAY 2022) (DEVIATION 2017-1, DEVIATION APR 2020, and DEVIATION JUL 2020)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L.

115-91).

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

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)).

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

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations

[Contracting Officer check as appropriate.] ☐ (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 (Nov 2021) (41 U.S.C.

3509)).

☒ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☐ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020) (DEVIATION 2017-1)

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) [Reserved].

☐ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☐ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101note).

☐ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Oct 2018) (41 U.S.C. 2313).

☐ (11) [Reserved].

☐ (12) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15

U.S.C.657a).

☐ (13) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Sep 2021) 15 U.S.C. 657a).

☐ (14) [Reserved] ☒ (15) (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.

☐ (16) (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.

☐ (17) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and

(3)).

☐ (18) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Sep 2021) of 52.219-9.

☐ (19) (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

☐ (20) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C.637s) [Contracting Officer check as appropriate.]

☐ By the end of the base term of the contract and then by the end of each subsequent option period; or ☐ By the end of the performance period for each order issued under the contract.

☐ (21) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

☐ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).

☒ (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

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

☐ (24) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

☐ (25) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

☐ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (27) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

☒ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☐ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

(DEVIATION JUL 2020) (E.O.13126).

☒ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

☐ (32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒ (33) (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.

☐ (34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

☒ (36) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and

E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

☐ (37) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

☐ (38) (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.)

☐ (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (41) (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.

☐ (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-14.

☐ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

☐ (44) (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.

☒ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (46) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (47) 52.223-21, Foams (Jun 2016) (E.O. 13693).

☐ (48) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (49) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).

☐ (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021)

(DEVIATION JUL 2020) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), 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 (May 2014) of 52.225-3.

☐ (iii) (ii) Alternate II (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (iv) (iii) Alternate III (Jan 2021) (DEVIATION JUL 2020) of 52.225-3.

☐ (51) 52.225-5, Trade Agreements (Oct 2019) (DEVIATION JUL 2020) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☐ (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

☐ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

☐ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

☐ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

☐ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☐ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C.4505, 10 U.S.C.2307(f)).

☒ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

☐ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

☐ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

☒ (62) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov

2021) (DEVIATION APR 2020) (31 U.S.C.3332).

☐ (63) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

☐ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

☐ (iii) Alternate II (Nov 2021) of 52.247-64.

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

Contracting Officer check as appropriate.] ☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

☒ (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).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

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

chapter 67).

☒ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

☒ (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 for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

☒ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42

U.S.C. 1792).

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

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

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

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

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

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

3509).

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

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

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29

U.S.C.793).

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

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

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(Jan 2022).

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

13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

(d) of FAR clause 52.247-64.

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

52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15.

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

(a)The Government may extend the term of this contract by written notice to the Contractor within 15; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c)The total duration of this contract, including the exercise of any options under this clause, shall not exceed 1 year.

52.232-18 Availability of Funds (APR 1984)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984)

52.242-15 Stop-Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

452.204-70 Modification for Contract Closeout (DEVIATION JUL 2022)

Upon contract closeout for contracts utilizing Simplified Acquisition Procedures (SAP) according to FAR 13:

(a) If unobligated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) If unobligated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a Release of Claims be completed by the contractor, although not required for contract and orders using SAP procedures.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

452.211-74 Period of Performance (FEB 1988)

This contract is a fixed price contract for a period of performance from September 30, 2022 through March 31, 2023. Except the main firearms portion of Missouri deer season and both youth season weekends will be required shut down periods. https://mdc.mo.gov/hunting-trapping/species/deer

It is the responsibility of the contractor to examine the contract area. Locations may have different conditions (amount, items, terrain, access, etc). The contractor cannot assume a new project will be similar to a previous project.

452.236-74 Control of Erosion, Sedimentation, and Pollution (NOV 1996)

(a) Operations shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

(b) Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged on the ground; into or nearby rivers, streams, or impoundments; or into natural or man-made channels. Wash water or waste from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

(c) Mechanized equipment shall not be operated in flowing streams without written approval by the Contracting Officer.

https://mdc.mo.gov/hunting-trapping/species/deer https://mdc.mo.gov/hunting-trapping/species/deer

Section D – Contract Documents, Exhibits, or Attachments

See attached documents:

1. EP District Vicinity Map

2. EP Item No 1 Roads 1-6 and Dumps 1-10

3. EP Option Item No 3 House

4. PB District Vicinity Map

5. PB Map 1 Roads 1-3 and Dumps 1-16

6. PB Map 2 Roads 4-5 and Dumps 17-32

7. PB Map 3 Roads 6-9 and Dumps 33-46

8. PB Option Item No 4 House

9. PB Option Item No 5 Large Dump 47

10. Experience Questionnaire

11. Butler, Carter, Oregon, and Wayne SCA WD 2015-5101

Note: for attachments, download PDF, open side bar, and click on the paperclip.

Section E – Solicitation Provisions

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

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

Federal Acquisition Regulation (FAR) Provisions:

https://www.acquisition.gov/browse/index/far (FAR Provisions begin with 52) Department of Agriculture Acquisition Regulation (AGAR) Provisions:

https://www.acquisition.gov/agar (AGAR Provisions begin with 452) Deviations to provisions may be viewed at: Policies & Regulations | USDA

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

52.212-1 Instructions to Offerors – Commercial Products and Commercial Services

(NOV 2021)

Addenda to provision 52.212-1:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Review requirement in Section B

3) Offers submitted in response to this solicitation shall include:

Management Plan Experience Questionnaire Price – Firm Fixed Price Quote

4) Representations and Certifications – Fill in the check boxes for provisions 52.204-24, 52.212-3, and Employment of Eligible Workers-Workforce Certification found in Section F of this solicitation and include a copy with your offer.

5) Submit offer by email to carl.weber@usda.gov so that it is delivered into this inbox by the due date and time.

6) For technical questions, you may contact:

https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/agar https://www.usda.gov/da/ocp/ppd/policies-regulations https://www.sam.gov/SAM/ mailto:carl.weber@usda.gov

Richard Scot Robinson (Eleven Point Ranger District) scot.robinson@usda.gov

Aaron Moore (Poplar Bluff Ranger District) aaron.moore@usda.gov

7) Arrange site visits with Aaron Moore at 573-261-9650

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:

1. Management Plan

2. Past Performance

3. Cost/Price

This requirement is being evaluated using the Best Value-Tradeoff process as it was determined that factors other than price are equal to or less important than price alone. The Government reserves the right to consider only those Quotations submitted in accordance with all instructions set forth or referenced in this solicitation. A Quotation that omits material elements required by this solicitation may be eliminated from further consideration. The Government may reject any or all offers if such action is determined to be in the Government’s best interests and in accordance with the criteria set forth in this solicitation.

Factor 1 Management Plan Submission Requirements: A management plan. The plan should describe strategy for removing trash. List all equipment to be used. List key personnel. Identify facilities for final disposal of all debris. Describe work progress and estimated schedule.

Evaluation Criteria/Methodology:

Confidence Ratings. Will the management plan achieve desired results? Will all debris be disposed of properly and in accordance with state and federal laws?

Factor 2 Past Performance Submission Requirements: Describe company’s past work that is directly comparable to the Statement of Work in the solicitation. Describe past work in detail including size of job, debris removed, work progress, and customer satisfaction.

Evaluation Criteria/Methodology:

Confidence Ratings. Does the Contractor demonstrate acceptable past performance on similar work that is relevant to this solicitation?

Factor 3 Cost/Price Submission Requirements: please provide firm fixed price quote that will be evaluated to determine if offer is fair and reasonable.

mailto:scot.robinson@usda.gov mailto:aaron.moore@usda.gov

(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.

Section F – Representations & Certifications

(CONTRACTOR TO COMPLETE AND RETURN WITH OFFER/QUOTE

VENDOR NAME: __________________________________________________

VENDOR UEI: ___________________________________________________

Complete the yellow highlighted information and submit a copy with your offer. SEE instructions in Section E, Provision 52.212-1.

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 or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 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)…