Sol_140L0723Q0001.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

LDB

BOISE ID 83705

3948 DEVELOPMENT AVE

BLM ID-BOISE DIST OFC(IDB00)

0004276356 CODE 16. ADMINISTERED BYCODE

X

X

X

115112

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDB

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

12/28/2022 1500 MS

12/06/2022

2083843317Nikki Bachman (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L0723Q0001

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 45 0040600129OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BOISE ID 83705-5389

3948 DEVELOPMENT AVE

BLM-ID BOISE DISTRICT OFFICE*

15. DELIVER TO

BOISE ID 83705

3948 DEVELOPMENT AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.5

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BLM ID-BOISE DIST OFC(IDB00)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 02/18/2023 Period of Performance: 01/18/2023 to 02/18/2023

00010 Woodhead Broadcast Seeding Product/Service Code: F002 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- AERIAL SEEDING

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Nikki Bachman

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

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.

00020 Border Broadcast Seeding

Product/Service Code: F002

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- AERIAL SEEDING

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

45 2 of

SOLICITATION NO: 140L0723Q0001

TITLE: BDO BLM FY23 Broadcast Seeding #1 Page 3

INFORMATION TO PROSPECTIVE QUOTERS

This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Firm, fixed-price quotes are requested under Request for Quotation (RFQ) Solicitation number 140L0723Q0001. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2022-03. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 115112. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $ Million.

No Site Visit will be held

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

Questions Due Date: December 19, 2022

Due Date: December 28, 2022 MDT. Quotes will be accepted via Email at nbachman@blm.gov. Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.

In accordance with this Solicitation Section 4 - Solicitation Provisions

See FAR 52.212-2 Evaluation - Commercial Items

The overall proposal shall consist of a completed Standard Form 1449, completed Bid Schedule, and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of work.

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

❏ Is the unit price legible?

❏ Is the extended price correct?

❏ Have you initialed any changes or erasures?

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

mailto:nbachman@blm.gov https://www.sam.gov/

TITLE: BDO BLM FY23 Broadcast Seeding #1 Page 4

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 14

Section 3: List of Documents, Exhibits, and Other Attachments 27

Section 4: Solicitation Provisions 28

TITLE: BDO BLM FY23 Broadcast Seeding #1 Page 5

SECTION 1: BID SCHEDULE

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

SCHEDULE OF SUPPLIES AND SERVICES

BDO BLM FY23 BROADCAST SEEDING #1

Line Item No.

Description Estimated Quantity

Unit of Issue

Estimated Bulk Pounds of seed

Estimated Bulk

Lbs/Acre

Unit Price ($/ Acre) Total Cost

1 Woodhead Mix 644 Acres 8,790 13.6 2 Border Mix 5,599 Acres 10,100 1.8

BDO BLM FY23 Broadcast Seeding #1 Total – ALL OR NONE

Total Estimated Acres: 6,243 Pre-work meeting: 1/18/2023 Approximate Application Start Date: 1/18/2023 Performance Time: 5 calendar days

Actual start date is dependent on when government-provided seed will be available, approximated date as listed above.

The contractor shall be required to start work within three days after being notified by the Contracting Officer’s Representative.

TITLE: BDO BLM FY23 Broadcast Seeding #1 Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Item No.

Description Coverage

Estimated Quantity (Acres)

Estimated Bulk Pounds of seed

Estimated Bulk

Lbs/Acre

Seed Mixing Seed Pickup

Location 1 Woodhead Mix 100 644 8,790 13.6 Pre-mixed Boise, ID 2 Border Mix 100 5,599 10,100 1.8 Field-mixed Boise, ID

BID ITEM TOTALS 6,243 18,890

Item 1 – Woodhead Mix

1. Application Method: Appropriate to meet required Period of Performance. No off-road travel is permitted and application method shall not result in ground disturbance.

2. Approximate Total Acreage: 644 acres

3. Location of Project Site(s) as Shown on Project Location Maps: The project is located approximately three (3) miles northwest of Cambridge, Idaho in Washington County, and approximately 76 miles north of Boise, Idaho. The project will be implemented on federal lands administered by the Bureau of Land Management’s (BLM) Four Rivers Field Office.

Elevation ranges from 2,960 to 4,200 feet. Access to the work site on ground may be limited due to the winter weather conditions.

4. Requirements of Equipment to be supplied by the Contractor: Sufficient to meet specifications of the contract.

5. Loading Facilities: Use of any loading area on federal, state, or private land shall be arranged by, and at the discretion and risk of, the contractor. If the contractor wishes to use BLM land, this must be approved in advance by the Contracting Officer’s Representative

(COR).

6. Crew Requirements: Crew for handling seed and loading application equipment shall be furnished by the contractor.

7. Location of Seed to be Furnished By the Government: It is the responsibility of the contractor to pick up project seed from the BLM Seed Warehouse located in Boise, Idaho and transport seed to the project loading site. 24 hour advanced notice for scheduling seed pickup is required. Contractor will be provided contact information for warehouse.

8. Woodhead Mix: Total of 8,790 pounds of seed to seed 644 acres. Actual seeding rates may vary due to seed availability and PLS ratings.

Woodhead Mix Seed Type/Variety Seeding Acres Bulk Lbs/ Ac BULK Total

Lbs

TITLE: BDO BLM FY23 Broadcast Seeding #1 Page 7

Wyoming big sagebrush 644 0.8 520 Mountain big sagebrush 644 0.8 520 Idaho fescue/Nezpurs 644 10.0 6,450 Small burnett/Delar 644 2.0 1,300

TOTALS 644 13.6 8,790

Item 2 – Border Mix

1. Application Method: Appropriate to meet required Period of Performance. No off-road travel is permitted and application method shall not result in ground disturbance.

2. Approximate Total Acreage: 5,599 acres

3. Location of Project Site(s) as Shown on Project Location Maps: The project is located approximately 21 miles southeast of Midvale, Idaho in Gem, Payette and Washington Counties, and approximately 20 miles north of Emmett, Idaho. The project will be implemented on federal lands administered by the Bureau of Land Management’s (BLM) Four Rivers Field Office. Elevation ranges from 3,600 to 4,900 ft. Access to the work site on ground may be limited due to the winter weather conditions.

4. Requirements of Equipment to be supplied by the Contractor: Sufficient to meet specifications of the contract.

5. Loading Facilities: Use of any loading area on federal, state, or private land shall be arranged by, and at the discretion and risk of, the contractor. If the contractor wishes to use BLM land, this must be approved in advance by the Contracting Officer’s Representative

(COR).

6. Crew Requirements: Crew for handling seed and loading application equipment shall be furnished by the contractor.

7. Location of Seed to be Furnished By the Government: It is the responsibility of the contractor to pick up project seed from the BLM Seed Warehouse located in Boise, Idaho and transport seed to the project loading site (refer to IV. Seeding, Section K). 24 hour advanced notice for scheduling seed pickup is required. Contractor will be provided contact information for warehouse.

8. Border Mix: Total of 10,100 pounds of seed to seed 5,599 acres. Actual seeding rates may vary due to seed availability and PLS ratings.

Border Mix Seed Type/Variety Seeding Acres Bulk Lbs/ Ac BULK Total Lbs

TITLE: BDO BLM FY23 Broadcast Seeding #1 Page 8

Wyoming big sagebrush 5,599 0.5 2,800 Basin big sagebrush 5,599 0.5 2,800 Mountain big sagebrush 5,599 0.5 2,800 Rubber rabbitbrush 5,599 0.3 1,700

TOTALS 5,599 1.80 10,100

I. GENERAL

A. Requirement - The Contractor shall furnish all necessary supervision, management, labor, equipment, materials, and incidental services to perform broadcast seeding for the BLM Boise District area of responsibility as specified herein.

Contractor shall be required to utilize a Differentially Corrected Global Positioning System (DGPS) for electronic navigation. System must be capable of utilizing ArcGIS ESRI shapefiles created by the government and provided in digital format to the contractor on a USB compatible flash memory stick.

1. On the ground flaggers and an auto-flagger system can supplement the DGPS system, but not substitute for it.

B. Navigation - DGPS is required for tracking and data collection. The Contractor shall provide all guidance equipment, materials, computers, printers, personnel, and services required for the system to be used. The system shall be sufficiently sensitive to provide immediate deviation indications (real-time).

The DGPS system must be capable of determining a differentially corrected location with an error of no more than one to two meters in the horizontal plane. The guidance system shall be capable of updating current position at a rate of a minimum of one time per second. Differential correction must cover the complete operational area. During operation, differentially corrected signal must be accurately recorded at least 90% of the operational time. Differential correction may be provided by a portable differential station, FM radio fixed towers, or satellite.

Software provided with DGPS must be designed for parallel offset in increments equal to the assigned swath width of the application equipment.

Contractor shall be required to provide Contracting Officer’s Representative (COR) or Project Inspector (PI) a downloadable copy of software and instruction, if necessary, to view provided project log files. Copy of software will be returned after project completion upon request of Contractor.

II. EQUIPMENT REQUIREMENTS

A. Software - Software provided with DGPS must be designed for parallel offset in increments equal to the assigned swath width of the application equipment.

TITLE: BDO BLM FY23 Broadcast Seeding #1 Page 9

B. Log – Log must be capable of a minimum rate of one-second logging intervals. Full record includes position, time, altitude/elevation, speed track application system on/off, equipment number, operator, job name/number, and differential correction status. Must be capable of calculating and showing total acres treated during the seeding operation. Must be capable of downloading to a computer for post-application analysis and review. When viewed on a computer monitor or printer the seeding application log must show the entire seeding pattern of the equipment from the loading area, and differentiate between when equipment is in route to project area and when equipment is seeding on the project area. Export files of each seeding operation shall be provided and must be compatible with ARCGIS ESRI system.

Contractor will provide export files on a USB drive. The DGPS system must be capable of zooming in on any portion of the treatment to view a specific area with greater detail.

C. Hardware:

i. Visual display monitor – Must be: (1) capable of displaying swath width over seeding path; (2) mounted in seeding equipment in a location that will allow the operator to view the screen with direct or peripheral vision without looking down; (3) have a method to display nested polygons to indicate sensitive or no-seeding areas within or adjacent to treatment blocks; (4) have a feature that allows the operator to return to the exact location of application shutdown and complete application without omitted or doubled treated areas.

ii. Control Keypad - The keypad must: (1) be able to input reference waypoints (A-B line); (2) have a feature which alerts the operator when they are about to enter or exit a specific treatment block or an exclusion area within a block; (3) have a method to display nested polygons to indicate sensitive or no-seeding areas within or adjacent to treatment blocks; (4) have a feature that allows the operator to return to the exact location of application shutdown and complete application without omitted or doubled treated areas.

ii. Course Deviation Indicator (CDI) - The course deviation indicator or course deviation light must have the capability to display both cross-track error and intercept angle to desired heading. The CDI must be installed on the seeding equipment in a location that will allow the operator to view the indicator with direct or peripheral vision without looking down. Cross-track error shall be adjustable down to (1) foot.

iii. Memory - Must be capable of storing up to 8 hours of continuous equipment operation log data.

III. BASE OF OPERATIONS

The Contractor shall provide such seed loading sites as may be required for competent performance of contract. Use of any loading site shall be arranged by and at the discretion and risk of the Contractor, and the Government shall not be held responsible for any loss, mishap, or accident due to

TITLE: BDO BLM FY23 Broadcast Seeding #1 Page 10 conditions of any loading facility used. The Contractor shall provide appropriate warning signs for traffic if roads are used as loading sites.

IV. SEEDING

A. General - The Contractor shall seed designated areas in conformance with these specifications and the Detailed Specifications. Unless otherwise specified, the Contractor shall furnish, at work sites, applicator(s) experienced in applying seed in rough, rocky, or mountainous terrain with varying topography and elevation, and all equipment, labor, supplies, and materials required to complete the job. The Contractor shall maintain his equipment as necessary to maintain satisfactory operations and continuous progress on work.

B. Equipment - Contractor shall furnish sufficient equipment to satisfactorily seed the designated areas in the time specified as required in the Detailed Specifications. Equipment shall be capable of traveling at moderate speed and at a low elevation/altitude to give proper control and distribution of seed such that uniform seeding is achieved.

C. Communication - The Contractor shall furnish sufficient equipment to have communications with the Government either by using radio frequencies designated by the COR or designated representative, or by providing a radio to the COR or designated representative.

D. Seed Tanks/Buckets - Sagebrush seed presents unique problems due to its bulkiness and its tendency to bridge in the seed tank/bucket. In addition, it is anticipated that a majority of the sagebrush seed will have a high moisture content which causes seed to compact, clump, and bridge even more severely. Therefore, seed tanks/buckets shall include mechanical or pneumatic agitation systems or loading techniques to prevent the seed from bridging in the bucket and allow for continuous flow of seed for even distribution.

i. Seeding equipment shall be equipped with suitable hoppers for carrying seed with an approved distribution mechanism complete with release, shutoff, and spreading device which can be calibrated for spreading seed at the required pounds (lbs) per acre rate in a satisfactory manner and uniform pattern. Seed hoppers or buckets shall include lids which fasten securely to prevent seed from blowing out during operation.

E. Seeder Calibration - The Contractor shall initially calibrate seeding equipment to each individual mix at the required lbs/acre seeding rate prior to application on specific project areas. The Government will supply seed for calibration. However, the seed may not be available until approximately two days prior to the approximate start date of the project. Seed used for calibration shall be recovered for use on the project.

F. Seed – Contractor will be responsible for field mixing certain seed mixes or portions of seed mixes, refer to Detailed Specifications section. Seed of the species required for the contract will be issued by the Government to the Contractor. The seed will be furnished at the Boise BLM Regional Seed Warehouse located in Boise, Idaho, Monday through Friday 8:00 a.m. to 3:45 p.m. and require 24-hour advanced notice. Alternate hours of pickup may be arranged

TITLE: BDO BLM FY23 Broadcast Seeding #1 Page 11 with the COR but cannot be guaranteed. Pickup times shall be coordinated between the COR and Contractor. Seed will be issued to the Contractor, or their authorized representative, and signed for on a receipt of property (DI-105) form.

Once the Contractor has been issued the seed, contractor has accepted possession and shall be responsible for the transportation and protection of seed from loss or damage due to weather, rodents, insects, theft, or any other hazard. Any seed damaged or lost while in the custody of the Contractor will be replaced by the Government and actual cost to the Government for replacement will be deducted from payments due the Contractor. All unused seed shall be returned to the Boise BLM Regional Seed Warehouse by the Contractor upon completion of work or termination of the contract. All empty seed bags shall be tied in bundles of 25 bags each and returned to the Government by the Contractor.

G. Seeding Operation

i. Seeding Rate - Seed shall be distributed at the required seeding lbs/acre rate. Swath width will be established at time of equipment calibration and based on meeting the required lbs/acre seeding rate as stated in the Detailed Specifications or as directed by the COR.

Periodic spot field checks throughout project implementation will be performed to ensure continued distribution at specified rates. Some seeding rates may be slightly reduced due to availability of seed and PLS ratings.

ii. Seeding Conditions - Seed shall not be applied when any WIND GUSTS exceed 15 mph at the application site at the elevation/altitude of the application equipment. Written permission by the COR prior to work being performed can allow work to continue in windy conditions but shall not exceed 15 mph. It is also desired by the Government that the ground be covered by a minimum of two inches of snow during seeding operations.

Therefore, seeding may be delayed a few days if there is no snow on the ground and snow is predicted within the two-day weather forecast.

iii. Coverage – The entire ground surface within the treatment area shall receive uniform coverage at the specified rate unless otherwise specified, and except for exclusion areas as specified by the Government. Areas excluded from seeding operations within the work site boundaries shall not be included in the acreage computed for payment. Such areas will be specified in advance of seeding operations on work maps. Seeding strips shall be patterned and applied in such a manner as to secure as high a uniformity of seed distribution as practicable. Such distribution shall not vary more than fifteen (15) percent above or below the average distribution of seed per unit on ground surface for the particular project seeding area.

Seed application shall be at the appropriate elevation/altitude above ground level to obtain proper distribution, uniform coverage, and seeding rate in lbs/acre of seed. Field checks will be made as operations progress to determine uniformity of application at the required lbs/acre rate. Any areas missed by the Contractor or seeded to less than the specified rate shall be re-treated and brought up to standard, compensated by seeding additional acreage, TITLE: BDO BLM FY23 Broadcast Seeding #1 Page 12 or by suitable deduction from the contract price, at the option of the Government and at no additional cost to the Government.

Seed openings of the distribution mechanism shall be checked at sufficient intervals to always ensure proper functioning and even distribution of seed. If at any time of inspection equipment is found to have seed openings not properly operating or feeders that are blocked by trash the Contracting Officer may require re-seeding of that portion of the area that the Government determines was not properly seeded at no additional cost to the Government.

iv. Land Patterns - Project sites include varying land patterns. State and/or private land can be surrounded by BLM lands or BLM lands may be surrounded by private and state lands.

Contractor shall be capable of seeding small irregular shaped areas in difficult terrain and avoiding lands not owned by the BLM that are not included in this contract.

v. Terrain - Project sites may be in hilly to steep terrain of differing elevations. Contractor shall be capable of applying seed in contouring patterns as influenced by topography.

Contractor shall be capable of distributing the seed in varying elevations while maintaining applicable above ground level application height based on varied terrain below (not at one fixed height for all varying terrain). Contractor will not be allowed to apply the seed at one fixed height above ground level in varying terrain contours and elevation.

vi. Ground Damage - Project sites may be in steep hilly inaccessible terrain and may be muddy, frozen or snow covered. Contractor cannot apply seed if seeding equipment or ground support equipment would result in sustained and visible damage to ground (e.g., damaging existing vegetation, creating ruts). Any wheel, track or other marks will not be allowed.

vii. Application Inspections - The Government will test at the beginning of operations and periodically throughout project implementation to ensure seeding uniformity and consistency of lbs/acre seeding rate are being met. Inspection method for lbs/acre requirements will be determined through ground-based measurements of seed applied for each seed mix/bid item. Seed samples from application will be collected on inspection trays and measured through seed counts for proper distribution and lbs/acres seeding rates.

Additionally, pounds of seed distributed, and acres seeded will be tracked to ensure required application rates are being achieved. Should the Contractor wish to object in any way to the inspection sampling done at any particular time by the Government, the Contractor shall be present in person or by authorized representative to voice said objections when said weight recording and/or ground recovery samplings are done, and to agree upon new records and/or samples at the time, after which the weight recording and ground recovery sampling done by the Government shall be final and binding in the settlement of the contract.

H. Work stoppages – In accordance with clause 52.242-15 Stop Work Order, the Government may stop seeding operations at any time when seeding conditions are considered sufficiently

TITLE: BDO BLM FY23 Broadcast Seeding #1 Page 13 unfavorable to warrant stoppage. Contractor shall not proceed until a resume work order is authorized by the Contracting Officer. Any time for which work is suspended by the Government because of unsuitable seeding conditions will be counted against the contract completion time. The performance period includes work stoppages and partial workdays anticipated due to adverse weather or ground conditions.

I. Completion of Contract - The Contract will be considered completed and payment due when all seed furnished to the Contractor by the Government has been seeded to the standards specified above, and when all areas designated under the contract have been seeded to the said standards, or if performance under the contract is ordered terminated by the Government.

J. Safety Hazards - Any ground or above ground hazards that would pose a danger to Contractor’s personnel or operating equipment must be identified and mitigated by the Contractor prior to commencing operations.

K. Payment - Measurement for payment for seeding will be the actual area, in acres, within the designated boundaries satisfactorily seeded in conformance with these specifications.

Measurement will be made from the ArcGIS polygons provided by the government. Acreages will be computed from horizontal distances as shown on maps. Payment will be made at the unit price per acre specified in the Bid Schedule and shall include the cost of all work described in this paragraph and the Detailed Specifications, including any re-seeding, if such work is required. Acreages will not be computed from DGPS acreages covered. Contractor must factor in additional seeding application time required for coverage of the polygons, strip seeding, and any contour application that may be required to properly cover the area and varying terrain.

L. Licenses and Permits – The Contractor is required to possess and hold throughout the duration of the contract all required licenses and permits.

See Section J for additional attachments to include drawings.

TITLE: BDO BLM FY23 Broadcast Seeding #1 Page 14

SECTION 2 - CONTRACT CLAUSES

1. 52.252-2 Clauses Incorporated by Reference (Feb 1998)

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

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Nov 2021) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(Sept 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Alt I) (Jul 1995) 52.223-6 Drug-Free Workplace (May 2001) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989)

2. 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders--Commercial Products and Commercial Services (Jan 2022)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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

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

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

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

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402). (Over 250K) https://www.acquisition.gov/browse/index/far

TITLE: BDO BLM FY23 Broadcast Seeding #1 Page 15

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

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

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

__ (5) [Reserved].

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

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

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

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

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

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

__ (13) [Reserved] XX (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

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

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

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126). (Supplies) XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

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

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__ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (Over 250K) __ (ii) Alternate I (JUL 2014) of 52.222-35.

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

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

__ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (Over 250K) __ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

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

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

__ (36) 52.222-54, Employment Eligibility Verification (NOV 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) (Over 250K) __ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

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

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

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

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

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67). (Services Only) XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). (Services Only) __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was 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

TITLE: BDO BLM FY23 Broadcast Seeding #1 Page 18 disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

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

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

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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.

TITLE: BDO BLM FY23 Broadcast Seeding #1 Page 19

3. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means–

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

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

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

Critical technology means–

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

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

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

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

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

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

(5) Select agents and toxins covered by part 331 of…