Sol_140L2621Q0013.pdf

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CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

LDA

BOISE ID 83709

1387 S. VINNELL WAY

BLM ID STATE OFC HR&ADMN (ID953)

0004276360 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/14/2021 1200 MS

03/30/2021

(208)3733911Thomas Parsons (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L2621Q0013

5. SOLICITATION NUMBER

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

1 48 0040525974OFFEROR 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 83709

1387 S. VINNELL WAY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$20.50

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THIS CONTRACT IS A

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DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BLM ID-STATE OFC HR&ADM SVC (ID953)

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: 09/30/2021 Period of Performance: 09/01/2021 to 09/30/2021

00010 Slashing, Hand Pile/Cover-7C-Level III 105 AC Product/Service Code: F006 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- LAND TREATMENT PRACTICES

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Thomas Parsons

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OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

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

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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

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ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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48 2 of

SOLICITATION NO: 140L2621Q0013

TITLE: Charcoal Gulch 2021 – Slashing, Hand Pile/Cover

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 140L2621Q0013. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2021-02. 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 $20.0 Million.

Site Visit:

(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: Tuesday May 3, 2021 Time: 09:00 A.M MST Meeting Place: USFS Idaho City Ranger District Office, Highway 21, milepost 38.5, Idaho City, ID Point of Contact for Site Visit: Courtney Wyatt

Questions Due Date: May 7, 2021

Due Date: Mountain Standard Time. Quotes will be accepted via Email at tparsons@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?

SUBMIT ONLY REQUESTED ITEMS NOT THE ENTIRE SOLICITATION

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 11

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

Section 4: Solicitation Provisions 31

SECTION 1: BID SCHEDULE

2021 Charcoal Gulch Slashing, Hand Pile/Cover

BID SCHEDULE

ITEM

NO.

DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT COST TOTAL COST

1 Item 7C – Level III 105 ACRE

TOTAL PROJECT COST: ___________

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

Note: This Solicitation is “All or None”

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Bureau of Land Management-Boise Charcoal Gulch 2021 – Slashing, Hand Pile/Cover

1. Introduction: The Four Rivers Field Office of the Boise District, Bureau of Land Management (BLM) is acquiring fuels management services to reduce the risk of catastrophic crown fires, and to improve forest and rangeland health.

2. Background: The project area is in Idaho City, Boise County, Idaho, located approximately 20 miles northeast of Boise.

Fuels within the project area consist of mixed conifer primarily Ponderosa Pine and Douglas Fir stands with a brush understory of sagebrush, bitterbrush, and riparian shrubs in drainages. Fine fuel loadings average 7 tons per acre. The current condition of the forest is conducive to a crown fire due to ladder fuels which could result in the destruction of personal property, the forest, and possible loss of life.

3. Purpose: The goal of the Charcoal Gulch Fuels Project is to: 1) reduce the potential for stand replacing crown fires in the area by reducing the amount and continuity of hazardous fuels; 2) Provide for defensible space; 3) Restore forest health by thinning understory trees; 4) Reduce ladder fuels along fire access road to provide a shaded fuel break.

Slashing, hand pile/cover will be used to thin trees which could act as ladder fuels and to affect the crown closure within mixed conifer stands, thereby reducing the risk of a catastrophic crown fire.

4. Scope of Work:

Charcoal Gulch (105 acres)–Slashing, Hand Pile/Cover, Item 7C – Level III: Crown closure of material to be hand severed, piled, and covered is estimated to be from 31 percent to 60 percent total cover. Slope is under 45 percent.

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. The government will provide the paper for covering the piles.

5. Location of Project Areas: The work will be performed on BLM public lands as described under the scope of work in the Idaho City area.

6. Project Boundary Marking: The treatment boundary is identifiable by flagging. Private land is adjacent in two areas of the boundary. This will be flagged with special attention to ensure treatments do not occur on private property. Avoidance areas will be clearly marked and discussed with the contractor prior to implementation. A PDF map will be provided for use with Avenza.

7. Access: Legal public access to the project area will be identified on the map prior to the contractor starting the implementation phase. Contractor will assume responsibility for any additional access if desired. If roads or any type of access become subject to damage, because of adverse weather conditions or other natural and/or social reasons, the government will relay information to the contractor, and a Stop Work Order may be implemented until other access can be obtained.

8. Notification of Cessation or Restart of Work: The contractor will notify the government at least 3 days before they plan to start operations. The contractor will also notify the government whenever he intends to cease operations for one or more days and will tell the government 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.

10. Contractors Representative: Two (English speaking) Contractor Representatives (foremen) must be designated by the contractor. A Contractor Representative must be on-site directing work at all times.

This person will also serve as an on the ground contact person for the government. 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 5 days will be allowed to produce a qualified Contractor Representative. Failure to do so within five days may result in the Contracting Officer issuing a Suspend Work Order. The government must be informed of any changes of Contractor Representative(s).

11. Work Camps: Camping on agency-administered lands will only be allowed in approved sites. Should such a work camp be authorized, the contractor shall maintain the camp in an orderly and sanitary manner. All fire regulations and permits shall be followed. All garbage and refuse shall be removed from the camp site(s) by the contractor and disposed of off site before final payment is made. All debris resulting from contractors camping operations shall be removed by the contractor.

12. Special Provisions:

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 extreme 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 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 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 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 permit. 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.

(c) The contractor will not make any hand piles within 30 ft. of streambanks, as determined by the outer edge of riparian vegetation.

The contractor shall comply with the following 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.

13. Specifications for treatment to Slashing, Hand Pile/Cover – 105 total acres

For all 105 treatment acres, trees are the target to be slashed. For 28 acres of the 105 treatment acres, brush will be slashed in addition to trees. The brush acres are identified by the shaded area on the project map.

Slashing:

(a) Thin, limb and pile all Douglas Fir and Ponderosa trees 10 in. DBH and less. All trees that do not meet DBH (diameter measured at 4 ½ feet height on the tree trunk) will be considered as less than 10 in. DBH and will be cut and piled. This will address all small trees that do not come to breast height.

(b) Any and all trees to be thinned or removed shall be completely severed, and the remaining stump height shall be within 6 in. from the ground on the uphill side. No live limbs shall be left on the stump of cut trees.

(c) Trees that are cut will lay on the contour of the slope. All limbs will be removed from the main stem and piled.

(d) All remaining uncut Douglas Fir and Ponderosa trees greater than 10-inch DBH will be pruned (live and dead branches) to a height of 6 feet. in order to eliminate ladder fuels.

(e) All portions of thinned Douglas Fir and Ponderosa trees less than 6 in. DBH will be considered slash and will be cut to a length of 4 ft. or less and piled. This includes live limbs from pruned trees.

(f) Within 50 feet each side of the access road and trail and 100 ft along BLM/Private boundary adjacent to structures, all sagebrush and bitterbrush will be slashed to a stump height of 6 in.

Flagged tall shrubs (e.g., currant, cherry, willow, maple, etc.) will be slashed to a stump height of 12 in. All cut brush will be piled.

(g) All cut material greater than 2 ft. in length must be piled. If excessive material is found to be bucked into lengths less than 2 feet, all slash will be piled.

(h) Retain all aspen.

(i) No standing dead or partially dead trees (i.e. snags) would be cut down but may be limbed.

(j) Thinned trees shall not be left hanging-up in leave trees.

(j) No trees will be felled into flagged archeological sites. No limbs will be piled within flagged avoidance areas. No piles will be made within 20 feet of flagged sites or within 40 feet of obvious wooden remains.

Hand Pile Locations:

(a) All slash from cut trees will be piled at least 15 ft. away from the bowl of live trees, and 30 feet from the streambank as determined by the outer edge of riparian vegetation. Where terrain is steep, piles shall be placed at least 25 ft directly downslope or to the side of the bole of any live trees.

(b) It may be necessary to drag slash further than 20 to 30 feet, so that all piles built will meet the minimum pile size and location specifications.

(c) Hand piles may vary from 5 ft. to 10 ft. in height.

(d) No pile shall be made on top of or next to stumps or large down logs.

(e) No piles shall be made in roads, drainage ditches, meadows, or within channel bottoms without prior approval of the government.

(f) Piles must be at least 15 ft. apart and evenly dispersed throughout the unit as much as is practical.

(g) If conditions make it impractical to locate piles so that damage to the leave trees cannot be avoided, a space will be cleared, and all material placed in a pile in the cleared area. All piles shall be piled so material will not roll downhill during burning.

Hand Pile Construction:

(a) Hand piles shall have a core of kindling which shall consist of not less than two cubic feet of fine material not larger than 3/4-in. in diameter. The kindling shall be placed on the downhill side.

All material placed in the piles shall be aligned so it does not roll downhill when burned.

(b) Waterproof paper shall be spread on the pile approximately 3 ft. above the kindling and must be clearly visible on the downhill side. Piles without visible paper will not be accepted. The covering will be waterproofed Kraft paper that is waxed on at least one side and is at least 48 inches in width. If the paper is only waxed or waterproofed on one side then that side will be the side that is facing up in the pile. Minimum size of the paper for each pile will be 4 feet by 6 feet.

(c) All piles shall be compact. Compaction of the piles shall be done by aligning the material as much as possible and placing heavier material on top. Compaction shall be considered satisfactory if the pile height, after 7 days of being piled, is not less than the minimum of 5 ft. in height on the uphill side and 6 ft. in diameter, or upon approval by the government, whichever occurs Douglas First. Note: Government will furnish all necessary 30-30-30 waterproof Kraft paper.

(d) All material placed in the pile shall be contained within the general contour of the pile. Trimming of the piles will be required if material extends more than 18 in. beyond the general perimeter of the pile. The material that is trimmed off will be placed back onto the pile.

(e) Any pile not meeting the above specifications will be re-piled by the contractor at the contractor's expense.

14. Utilization of Woody Biomass:

(a) The contractor may remove and utilize woody biomass if:

(1) Project work is progressing as scheduled; and

(2) Removal is completed before contract expiration.

(b) To execute this option, the contractor must submit a written request to the government.

(c) Following receipt of the written request, and if appropriate, the government and the contractor will negotiate and execute a separate timber/vegetative sales contract. Payment under the timber/vegetative sale contract must be at a price equal to or greater than the appraised value of the woody biomass. The contractor must make any appropriate payment specified in the related timber/vegetative sales contract before removal may be authorized.

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

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

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

(g) Definitions:

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

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

15. Protection of Improvements: The government 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 AND ACCEPTANCE

Inspection: The government will make periodic visual inspections. Inspection will consist of documentation of the treated areas. Documentation will be based upon 90% compliance with the specifications above.

PERFORMANCE PERIOD

Performance period will be 21 days.

The estimated start and end dates are as follows.

Start Date: September 1st, 2021 End Date: September 22nd, 2021

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 Items (Oct 2018) 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) 52.232-18 Availability of Funds (April 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 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 Items (Nov 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

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

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUNE 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. (JUN 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11)(i)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

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

__ (12)(i)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

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

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

__ (iii) Alternate II (NOV 2011).

__ (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.

__ (iii) Alternate II (MAR 2004) 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 (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

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

__ (v) Alternate IV (JUN 2020) of 52.219-9.

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

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

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

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

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

XX (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

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

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

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

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

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

__ (ii) Alternate I (JULY 2014) of 52.222-35.

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

__ (ii) Alternate I (JULY 2014) of 52.222-36 __ (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 (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

__ (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 (JUN 2014) 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 (JUN 2016) (E.O. 13693).

__ (47) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a) __ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108- 77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (MAY 2014) of 52.225-3.

__ (iii) Alternate II (MAY 2014) of 52.225-3.

__ (iv) Alternate III (MAY 2014) 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 (JUNE 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

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

__ (57) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (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 (OCT 2018) (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)(i) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)) __ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

__ (iii) Alternate II (FEB 2006) of 52.247-64.

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

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

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).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment

(MAY 2014)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (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 this contract, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. 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 (JUN 2020) (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 (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(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 (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (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 (MAY 2014) (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 (FEB 2006) (46 U.S.C. Appx.

1241(b) 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 items 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 (Aug 2020)

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

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

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

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

Critical technology means–

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

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

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

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

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

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

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

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

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

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

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

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

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

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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

L.115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

NOTE: 52.222-99 is on hold per DOI 01/05/2021

4. 52.222-99 Combating Race and Sex Stereotyping (Deviation 20-09) (Nov 2020)

(a) Definitions. As used in this clause— “Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

“Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

(b) Exemptions. The exemptions that apply to Executive Order (E.O.) 11246 (see FAR 22.807) also apply to E.O.

13950 and the requirements of this clause.

(c) Compliance with E.O. 13950, Combating Race and Sex Stereotyping. Unless exempted under paragraph (b) of this clause, the Contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that—

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect…