Sol_140L0723Q0008.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)

0004276360 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDB

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/01/2023 1000 MD

07/05/2023

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

140L0723Q0008

5. SOLICITATION NUMBER

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

1 42 0040607817OFFEROR 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

$11.5

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: 11/10/2023 Period of Performance: 09/11/2023 to 11/10/2023

00010 Hand Cut & Chip 0-100' Product/Service Code: F006 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- LAND TREATMENT PRACTICES

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

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

OFFER

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Prescribed by GSA - FAR (48 CFR) 53.212

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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 Lop and Scatter - Level IV

Product/Service Code: F006

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- LAND TREATMENT PRACTICES

00030 Hand Cut & Chip - Fence Lines

Product/Service Code: F006

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- LAND TREATMENT PRACTICES

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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42 2 of

SOLICITATION NO: 140L0723Q0008

TITLE: Tri-State Lop and Scatter, Cut and Chip 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 140L0723Q0008. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2022-08. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 115310. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $34 Million.

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.

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

Date: Wednesday, July 12, 2023 Time: 9:00 am, MDT Meeting Place: Intersection of Highway 51 and Last Frontier Road

(42.769986, -115.910727)

Point of Contact for Site Visit: Pat Baker, 208-384-3211 or email pbaker@blm.gov

Questions Due Date: July 19, 2023 10:00 am MDT

Due Date: August 1, 2023, 10:00 am 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

https://www.sam.gov/

TITLE: Tri-State Lop and Scatter, Cut and Chip Page 4

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 12

Section 3: List of Documents, Exhibits, and Other Attachments 26

Section 4: Solicitation Provisions 27

TITLE: Tri-State Lop and Scatter, Cut and Chip Page 5

SECTION 1: BID SCHEDULE

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

2023 Tri-State Fuel Breaks – Lop and Scatter/ Hand Cut and Chip

BID SCHEDULE

ITEM

NO.

DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT COST TOTAL COST

1 Hand Cut and Chip-0-100 feet 42 Acre 2 Lop and Scatter- Level IV 43 Acre 3 Hand Cut and Chip-Fence lines 19 Acre

TOTAL PROJECT COST: ____

PERIOD OF PERFORMANCE: 60 working days ESTIMATED START DATE: September 11, 2023 TOTAL ESTIMATED ACRES: 104 acres

Note: This Solicitation is “All or None”

TITLE: Tri-State Lop and Scatter, Cut and Chip Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

BUREAU OF LAND MANAGEMENT-BOISE

STATEMENT OF WORK

FY 23 Tri-State Fuel Breaks – Lop and Scatter/ Hand Cut and Chip

1. Introduction: The Bruneau Field Office of the Boise District, Bureau of Land Management (BLM) is acquiring vegetation management services to create fuel breaks along existing road systems.

2. Background: The Tri-State Fuel Breaks Project is located in Owyhee County south of Mountain Home, ID. Most of the project is BLM administered lands with small sections of State of Idaho lands.

Terrain: Flat to rolling sagebrush and grass hills with steep yet shallow drainages traversing the project area.

Slope: Typical cutting areas generally will consist of slopes no more than 30%.

Rock: Some rock may be present.

Vegetation: The project area vegetation is typical of the Great Basin and consists of mostly sagebrush, and perennial grass. Vegetation within the cutting units is approximately 31-60% of the total cover.

3. Purpose: This project is part of a larger strategy of fuel breaks that when finished will be implemented across the intersection of the three states- Idaho, Oregon, and Nevada (Tri-State Fuel Breaks). The fuel break strategy is focused on this Tri-State area as it is the largest intact sage grouse habitat left in the northern great basin. The Project is designed to protect the sagebrush steppe and associated values (e.g., wildlife habitat, cultural resources) from catastrophic wildfire by providing firefighters accessible staging areas, or fuel breaks, that allow them to put out fires more safely, quickly and efficiently.

4. Scope of Work: The objective of the treatments is to:

Hand Cut and Chip-0-100’-42 acres of brush (such as but not limited to Sagebrush, Rabbit Brush, Bitter Brush, Service berry, etc) the first 100 feet within the 200ft treatment areas adjacent to vehicle accessible roadways in accordance to specifications found in Item #14.

Lop and Scatter-43 acres of brush (such as but not limited to Sagebrush, Rabbit Brush, Bitter Brush, Service berry, etc) the remaining 100 feet-200 feet within the 200ft treatment areas adjacent to vehicle accessible roadways in accordance to specifications found in Item #14.

Hand Cut and Chip Fence Lines- 19 acres of brush (such as but not limited to Sagebrush, Rabbit Brush, Bitter Brush, Service berry, etc) inside and alongside fence lines within the 200 foot treatment areas adjacent to vehicle accessible roadways in accordance to specifications found in Item #14. These fence lines will be identified on the map and will be separate from the 100 foot Hand Cut and Chip and the 100- 200 foot lop and scatter.

It is recommended that an onsite visit occur to accurately determine the scope of work.

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

TITLE: Tri-State Lop and Scatter, Cut and Chip Page 7

The performance period will tentatively commence September 11, 2023. Period of performance is (60) calendar days.

Government furnished Property and Service: The BLM will supply one travel map depicting project area, one unit map depicting the areas to be treated, and provide a GIS shape file or spatially referenced PDF map of the roads so that the Contractor will have the boundaries (outside perimeter, avoidance areas. etc.)

necessary for the work executed under the contract.

5. Location: Work under contract is located in the Tri-State Fuel Break project in Owyhee County, Idaho south of Bruneau, ID along Highway 51 extending most of the way to Riddle, ID and Wikahoney Road, off Highway 51.

6. Project Boundary Marker: The edge of the 200 foot boundary off the road will not be flagged but the beginning and ending points of any cutting areas will be flagged if adjacent to private ground.

The Contractor, their employees and equipment operators are required to protect evidence of the Public Land Survey System (PLSS) and related Federal property boundaries in accordance with federal law (18 U.S.C. § 1858). Boundary evidence includes, but is not limited to, General Land Office and Bureau of Land Management Cadastral survey corners, artificial and natural boundary monuments, witness corners, reference monuments, benchmarks, bearing trees and witness stones. Prior to commencing any ground disturbing activities, evidence of the PLSS and other survey corner monuments will be marked for protection. In the event of disturbance or destruction of Federal boundary evidence, the responsible party shall immediately report the incident, in writing, to the authorized official, and actual cost for rehabilitation or reestablishment will be deducted from payment due the Contractor or responsible party.

7. Vehicle Access and Use: Project site is accessible in dry conditions with two wheel drive, high clearance vehicle. In wet conditions four wheel drive high clearance vehicle may be needed. Public or private access roads damaged by the contractor shall be restored, at the contractors’ expense, to the same condition they were at the commencement of work.

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

Undercarriages of all vehicles will be cleaned before entering the treatment areas to avoid spreading noxious weeds.

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

9. Personnel/Equipment Requirements: The Contractor must maintain an adequate work force at all times to ensure timely completion of the work and is responsible for the crew knowing the requirements of the contract. The crew is also responsible for maintaining a safe working environment following OSHA standards. The Contractor must attend the pre-work meeting and provide a written performance plan including crew size prior to beginning work.

The contractor equipment shall be sufficient to chip piles and spread chips along the project area at depths no greater than four inches. Chips will not be spread into any borrow pits.

TITLE: Tri-State Lop and Scatter, Cut and Chip Page 8

The following machinery shall be provided by the contractor:

a) A wheeled chipper capable of completing the task order within the allotted time (60 calendar days).

b) A chipper capable of chipping brush and trees up to eight inch boles.

c) Be of durable design and construction to withstand the stresses of natural obstructions such as rocks, dust, and the general unevenness of the terrain.

d) Be free of fluid leaks and be in good operating condition.

The contractor’s GPS shall be capable of uploading ArcGIS shape files and or have a device that is capable of using geo referenced PDF maps.

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

11. Detailed Unit Information: The project area to be treated will extend along Highway 51 from the north of Riddle, Idaho, to near Missile Base Road. Adjacent roadways include Wikahoney Road to the west of Highway 51. Most of the project is BLM administered lands with small sections of private and State of Idaho lands. Access to portions of the unit may require crossing private land. Access to the sites will be secured by the BLM if necessary.

12. Camping: The location of any work camps established by the contractor must be approved in advance by the Contracting Officer. Contractor shall maintain the camp in a sanitary, orderly manner, and upon vacating the camp, remove refuse and any other signs of occupancy of the site before final payment is made. In the equipment maintenance area, special precaution shall be taken to contain spilled fuel, lubricants, and wash water. All fire regulations and restrictions shall be followed.

13. Special Provisions:

All debris resulting from contractors camping operations shall be removed by the contractor. The contractor shall conduct all operations permitted under this permit in accordance with the Idaho Forestry Act Fire Hazard Reduction Law and Rules and Regulations Pertaining to Forest Fire Protection and Fire Hazard Reduction (1992). Primarily for purposes of fire prevention and control, the Contractor shall comply with the following provisions during closed fire season or periods of fire danger:

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

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

(2) A size O or larger shovel shall be available with each gas can when refueling. Any fueling of

TITLE: Tri-State Lop and Scatter, Cut and Chip Page 9 a power saw shall be done in an area which has first been cleared of all flammable material.

(3) Power saws shall be moved at least twenty (20) ft. from the place of fueling before the engine is started.

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

The contractor shall comply with the following watershed protection measures:

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

(b) Contractor shall take every reasonable precaution not to pollute or obstruct any stream, lake or reservoir on or near the designated cutting area in connection with any operations under this contract. If contractor's operations cause pollution or obstruction of any stream, lake or reservoir on or near the designated cutting area, contractor shall notify the authorized officer immediately, and will correct the condition to the satisfaction of the Authorized Officer.

Archeological Concerns: The excavation, removal, damage, and altering or defacing of cultural resources is protected under the Archeological Resources Protection Act (ARPA) of 1979. Numerous cultural resources occur throughout the project area. Cultural sites flagged by the BLM will be avoided by all project activities by the contractor. Contractor will notify the BLM if they encounter obvious or suspected cultural sites that have not been flagged. Work will cease in the area of the finding until the site has been flagged by a BLM Archeologist. Failure to do so may result in civil penalties as provided for under ARPA. Any unauthorized collection of archeological materials is also subject to civil penalties under ARPA.

14. Specifications of treatment:

Hand Cut and Chip-0-100 feet- 43 acres

(a) Cut and chip all live and dead brush except willow and mahogany within the first 100 feet of the treatment area from the center of the barrow pit as identified on the map.

(b) All brush to be hand cut shall be completely severed, and the remaining stump height shall be within (6) inches. from the ground on the uphill side. No live limbs shall be left on the stump.

(c) Fence lines found within the 100 feet of treatment delineated on the map shall be cleared of all brush and chipped.

(d) Chips will be scattered uniformly through the project area and outside of barrow pits.

(e) No chips will be scattered into flagged avoidance areas.

(f) No equipment will be allowed in flagged avoidance areas.

(g) If hand cutting is allowed in avoidance areas, material will be carried to the chipper and not dragged.

(h) Material removed from riparian areas will be chipped/ spread on the opposite side of the road.

(i) No chips will be scattered in riparian areas.

Lop and Scatter- Level IV-100 feet-200 feet-42 acres- Canopy cover of the material to be lopped and scattered to a height of 12 inches is estimated to be from 31 to 60 percent total cover.

TITLE: Tri-State Lop and Scatter, Cut and Chip Page 10

(a) Lop and scatter all live and dead brush except willow and mahogany from 100 feet-200 feet into the treatment area as identified on the map. All brush will be considered slash and will be cut to lengths of 2 feet or less.

(b) Any and all brush to Lop and Leave shall be completely severed, and the remaining stump height shall be within 6 inches from the ground on the uphill side. No live limbs shall be left on the stump.

(c) Fence lines found within the 100-200 feet of treatment delineated on the map shall be cleared of all brush and scattered.

(d) Slash will be scattered uniformly through the project area. Slash will NOT be scattered in borrow pits/ditches, left hanging in barb wire fence, or scattered outside of 200 feet treatment area boundaries.

(e) Slash shall be reduced to within 12 inches of the ground at all points.

(f) No brush will be scattered into flagged avoidance sites. No piling lopped vegetation around

ONHT markers.

Hand Cut and Chip- Fence lines- 19 acres

(a) Cut and chip all live and dead brush inside and alongside identified lengths of fence line 5 feet on either side of the fence for a total of 10 feet. Inside of fence line is defined as brush growing into the wires of the fence, at the center point of 10 ft. as identified on the map.

(b) All brush to be hand cut shall be completely severed, and the remaining stump height shall be within (6) inches from the ground on the uphill side. No live limbs shall be left on the stump.

(c) Chips will be scattered uniformly through the project area and outside of barrow pits.

(d) No chips will be scattered into flagged avoidance areas.

(e) No equipment will be allowed in flagged avoidance areas.

(f) If hand cutting is allowed in avoidance areas, material will be carried to the chipper and not dragged.

(g) Material removed from riparian areas will be chipped/ spread on the opposite side of the road.

(h) No chips will be scattered in riparian areas.

(i) No material shall be left hanging in barb wire fences.

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

INSPECTION, ACCEPTANCE, AND MEETINGS

Pre-work Conference:

1. A pre-work conference will be held prior to the issuance of the Notice to Proceed. The Contractor will be notified in advance of meeting time, date and place. The purpose will be to review required work, specifications, payment, and administrative provisions of the Contract.

2. The Contractor and the persons responsible for coordination for the work (Crew Representative/Foreman) shall

TITLE: Tri-State Lop and Scatter, Cut and Chip Page 11 be present at the meeting.

3. The Contractor shall be prepared to summarize and explain procedures planned for the project and provide a schedule to meet the time frames of the project.

Progress Inspections/Meetings:

1. The Government COR and/or PI will make periodic visual inspections. Inspection will consist of documentation of the treated areas. Documentation will be based upon compliance with the specifications listed above (item #14).

2. The Contractor shall require his or her Crew Representative to be present during the inspections. COR and/or PI will discuss all deviations from specifications with Crew Representative as soon as possible when deviations from specifications are found.

3. The Contractor shall correct any deficiencies noted and the project will be re-inspected by the COR.

Final Inspection/Acceptance:

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

Measurement and Payment: Measurement for payment will be the number of acres satisfactorily completed in accordance with these specifications. Payment will be made at the unit price per acre specified in the Bid Schedule and shall include cost of all work described in these specifications. All measurements will be based on horizontal distances.

PERFORMANCE PERIOD – 60 days

THE ESTIMATED DATES FOR THIS PROJECT ARE:

Start Date: September 11,2023 End Date: November 10, 2023

SITE VISIT

Perspective bidders are urged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site prior to start of contract constitute grounds for a claim after contract award.

An organized site visit will occur on Wednesday, July 12, 2023, 9:00 am at the intersection of Highway 51 and Last Frontier Road (42.769986, -115.910727).

TITLE: Tri-State Lop and Scatter, Cut and Chip Page 12

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 (Dec 2022) 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 (Dec 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. 4655). (Over 250K) __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

https://www.acquisition.gov/browse/index/far#

TITLE: Tri-State Lop and Scatter, Cut and Chip Page 13

__ (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 (OCT 2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 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 2022) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (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 (OCT 2022) (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 (OCT 2022) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (OCT 2022) (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 (OCT 2022) (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 (OCT 2022) (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 (DEC 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.

__ (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).

TITLE: Tri-State Lop and Scatter, Cut and Chip Page 14

__ (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 (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.) (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 (DEC 2022) (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 [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (DEC 2022) (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. Subtitle A, Part V, Subpart G Note).

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

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

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

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

TITLE: Tri-State Lop and Scatter, Cut and Chip Page 15

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

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 14026 (JAN 2022).

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

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

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

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract

TITLE: Tri-State Lop and Scatter, Cut and Chip Page 16 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 2022) (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 (MAY 2022) (E.O. 12989).

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

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

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

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

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

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

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be

TITLE: Tri-State Lop and Scatter, Cut and Chip Page 17 wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means–

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

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

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

Critical technology means–

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

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

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

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

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

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

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as

TITLE: Tri-State Lop and Scatter, Cut and Chip Page 18 critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

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