Sol_140L2621Q0033.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

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

06/11/2021 1200 MD

05/28/2021

(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

140L2621Q0033

5. SOLICITATION NUMBER

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

1 46 0040535211OFFEROR 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

$8.00

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-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: 10/31/2021 Period of Performance: 09/01/2021 to 10/31/2021

00010 BOSH Flint Hand Piling 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

Thomas Parsons

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

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ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

46 2 of

SOLICITATION NO: 140L2621Q0033

TITLE: BOSH Flint Hand Piling

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 140L2621Q0033. 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 $20.5 Million.

Site Visit: 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: 4 June 2021 Time: 0900 MDT Meeting Place: Lions Club Community Center Parking Lot

902 Bassett St, Jordan Valley, OR 97910 Point of Contact for Site Visit: Ken Miller

Questions Due Date: 7 June 2021

Due Date: 11 June 2021, 1200 Mountain Daylight 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

https://www.sam.gov/

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 14

Section 3: List of Documents, Exhibits, and Other Attachments 30

Section 4: Solicitation Provisions 31

SECTION 1: BID SCHEDULE

South Mountain Rd Unit

ITEM

NO.

DESCRIPTIO

N

ESTIMATED

QUANTITY UNIT UNIT COST TOTAL COST

1 0-5% CC pre-slashing, Hand piling 5.09 ACRE

2 6-15% CC pre-slashing, Hand piling 4.73 ACRE

3 16-30% CC pre-slashing, Hand piling 2.18 ACRE

Total$___________________

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

Introduction: The Owyhee Field Office of the Boise District, Bureau of Land Management (BLM) is acquiring vegetation management services to reduce juniper encroachment within a sagebrush-steppe habitat.

Background: In accordance with the Bureau of Land Management's Owyhee Field Office Resource Management Plan and Bruneau-Owyhee Sage-Grouse Habitat Project Environmental Impact Statement DOI-BLM-ID-B000-2014- 0002-EIS it has been determined that western juniper treatments are necessary to respond to the threat of sagebrush-steppe habitat loss. This decision authorizes approximately 617,000 acres to be treated within a 10- 15-year timeframe. Focal treatment areas will occur in areas where the canopy cover of western juniper comprises less than or equal to 20% of all vegetation cover. Areas where the canopy cover of western juniper exceeds 20% focal treatment areas will not exceed 5 acres in size.

Approximately half of this particular unit underwent a lop & scatter treatment in 2020. The remainder is uncut standing juniper. This treatment will cut and pile the uncut area, as well as pile slash created by the 2020 Lop & Scatter treatment as well as any other downed juniper material within contract specifications.

Purpose: To improve and maintain sagebrush steppe habitat by removing encroaching western juniper to benefit the greater sage-grouse and other wildlife.

Scope of Work.

South Mountain Road Unit: 12 Acres. Slashing & Hand Piling. Contractor will be required to hand lop & pile all remaining standing juniper, as well pile previously cut and/or down western juniper trees within the unit boundaries.

Please see Specifications for Treatment for treatment specifications.

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

Location of treatment areas: The unit is in northern Owyhee County, 9 miles southeast of Jordan Valley, OR.

The unit straddles a spur road from the South Mountain Rd. The South Mountain Rd is a well-maintained gravel road.

Project Boundary Marking: The location and access to the unit(s) are shown on the vicinity and unit map(s). The unit boundaries may be identified by flagging, roads and fences as shown on the respective unit maps. Not all unit boundaries may be marked, it will be up to the contractor to identify and verify boundaries in the field using maps and electronic devices to stay within the unit(s).

Vehicle Access and Use: Two-wheel drive vehicles will be able to drive South Mountain Road during DRY conditions as it is a well-maintained county route. 4x4 equipped vehicles are recommended on spur roads throughout the unit, as they are considered rough, primitive 2 track roads.

Vehicles (trucks and ATVs/UTVs) will be thoroughly inspected and washed prior to use in the project area to reduce the potential for noxious weed or invasive species spread. Inspection and washing of equipment, etc.

will be documented in project implementation records.

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.

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.

Personnel/Equipment Requirements: The Contractor must always maintain an adequate work force 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. Due to the remote nature of this work a satellite phone is highly recommended in case of emergencies. The Contractor must attend the pre-work meeting and provide a written performance plan, including crew size, prior to beginning work.

Contractors Representative: One Contractor Representative (foreman) must be designated by the Contractor.

A Contractor Representative must be on-site always directing work. 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.

Camping: Camping on agency-administered lands will only be allowed on site(s) pre-approved by an authorized officer. Camping areas for cutting crews will be identified and surveyed for cultural resources prior to use of that camp location. Some camp sites may have been pre identified and cleared for use, ask the COR for details. The Contractor shall maintain all camping areas in an orderly and sanitary manner. The ordering and maintenance of portable toilets and dumpsters is the responsibility of the contractor. All fire regulations and restrictions shall be followed. All garbage and residue shall be removed from the camp site(s) by the Contractor and disposed of offsite before final payment is made.

Detailed Unit Information: The unit is considered remote with limited cellular phone service on site. The closest location for full services (gas/motel/restaurant/grocery) is 12 road miles away from the project unit in Jordan Valley, OR. Travel time between Jordan Valley and the project unit(s) is estimated at 30 minutes.

Specifications for Treatment:

The following are estimated canopy cover prior to the 2020 Lop & Scatter treat men t. The slash created by this treatment, this contract's additional slashing and any other juniper material (standing trees slash, etc..) within specifications on site will be piled.

The Canopy Cover for the unit is only an estimate. It is up to the bidder to independently verify the accuracy of the canopy cover and cost per acre.

South Mountain Unit: 12 Acres - The South Mountain Unit is comprised of one (1) area, which is 12 acres in size.

Hand Piling - 5.09 Acres are estimated to be 0-5% Canopy Cover. Hand Piling - 4.73 Acres are estimated to be 6-15% Canopy Cover. Hand Piling - 2.18 Acres are estimated to be 16-30% Canopy Cover.

Severing & Piling Specifications: Apply to all units and items listed above.

100% of non-old growth juniper trees will be severed at the stump within unit boundaries. Old Growth trees (if any) will not be cut.

No live branches will remain on the stump after the juniper tree is cut and the remaining stump height shall be within (8) in. from the ground on the uphill side.

100% of juniper trees that have been severed will be slashed to a height of <: 4 feet (48 inches or

1.2 meters) as measured from ground level.

All branches will be cut off flush with the trunk of each severed tree Any tree that is hand severed and blocks any road will be stashed and moved to allow travel on roadways by vehicles.

No trees will be felled into flagged avoidance sites.

All juniper material within specifications from all live or dead Juniper trees on site between ½" and not exceeding 7" diameter shall be piled. Slash less than ½" diameter, or 2 feet in length may be left on ground. Slash left on ground shall not exceed 6 inches in depth.

Hand Pile Construction:

Each pile should have a minimum of 2 cubic feet of small sized slash (small branches less than ¼ to ½ inch diameter and/or small branches with needles attached) to provide "kindling" for prompt ignition and to aid in combustion of larger slash. The kindling shall be placed on the downhill side or in the center of the pile on flat terrain. On slopes over 15 percent material shall be piled parallel to the slope so the material does not roll downhill.

Maximum hand pile size shall be 8 feet in diameter by 8 feet in height, and a minimum hand pile size shall be 6 feet in diameter by 5 feet in height.

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. Slash that causes large air spaces shall be cut or crushed to eliminate air spaces. Compaction shall be considered satisfactory if the pile height, after 7 days of being piled, is not less than the minimum of 5 feet in height on the uphill side and 6 feet in diameter, or upon approval by the COR.

All material placed in the pile shall be contained within the general contour of the pile. Trimming of the piles will be required if the 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.

Any pile not meeting the above specifications will be re-pilled by the Contractor at the Contractor’s expense.

Hand Pile Location:

All hand piles should be constructed within the unit's boundaries Hand piles shall not be closer than 15 feet to a reserve tree's (leave tree's) drip line.

Piles must be constructed a minimum of 10 feet apart from other constructed piles.

Slash shall not be piled or placed on Jogs or stumps, in roadways, drainage or canal ditches, or within channel bottoms, green lines of streams or within no-treatment zones.

It may be necessary to drag slash, so that all piles built will meet the minimum pile size and location specifications.

Restrictions: Apply to all units and items listed above.

Old Growth Juniper may be uncut in the unit. Piles shall be constructed at least 30 feet away from any residual, uncut, old growth trees.

No pile shall be located within 15 feet of any fence line or property line Piles shall not be located within 20 feet of any road.

Piles shall not be located on any roads or barrow ditches (road cuts).

Heavy machinery shall not be used or staged in riparian, wetland areas.

Heavy machinery shall not be used or travel through cultural resource avoidance areas.

Special Provisions:

Power Saws: The contractor shall conduct all operations permitted under this contract 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:

Ensure 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) feet of any power saw when in operation:

i 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.

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

Equip portable power saws 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).

Comply with all applicable State and Federal laws and regulations pertaining to water quality in connection with any operations under this contract.

Fueling of chainsaws will be done outside of riparian areas (streams, wetlands, wet meadows, springs, etc.). The contractor will take every reasonable precaution not to pollute or obstruct any stream, lake, or reservoir on or near the project 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 BLM.

On Site Employees: The contractor will furnish a legible list of all contract employees (last name, first name) to the assigned COR. If there are any changes to the list of contract employees during the life of the contract a new list will be provided to the COR.

Hydrology and Fisheries:

• 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.

• Fueling of chainsaws will be done outside of riparian areas. (streams, wetlands, wet meadows, springs, etc.).

• Juniper may be felled over streams where banks are stable to provide shade and cover for fish.

Archeological Concerns:

• The excavation, removal, damage, and altering or defacing of cultural resources is protected under the Archeological Resources Protection Act (ARPA) of 1979.

• Any unauthorized collection, excavation, or destruction of archeological materials is also subject to civil penalties under ARPA.

• The amount of the penalty will be the full cost of restoration and repair of archaeological resources plus the archaeological or commercial value of archaeological resources destroyed or not recovered.

• If an obvious un-flagged constructed feature (i.e., rock wall or stone monument) is near a juniper tree to be cut, the tree must be dropped away from the feature and steps taken to avoid damaging the feature.

Special Status Plants:

• All known Special Status Plant (SSP) Element Occurrence (EO) "avoidance areas/buffers" will be marked with flagging prior to and during treatment operations where impacts to SSP species may occur.

• All-terrain vehicles (ATV) and utility task vehicles (UTV) will avoid SSP EOs during cross-country travel.

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.

Salvage Rights: The Contractor does not have salvage rights to the trees.

INSPECTION AND ACCEPTANCE

Inspection: 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 COR and/or Pl will discuss all deviations from specifications with Crew Representative as soon as possible when deviations from specifications are found. If disagreements occur between the COR and the Contractor on inspection, an agreed upon plot inspection will be initiated.

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

PERIOD OF PERFORMANCE - 61 days

THE ESTIMATED DATES FOR THIS PROJECT A RE:

Start Date: September I, 2021 End Date:

October 31, 2021

SITE VISIT

Prospective 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 constitute grounds for a claim after contract award. Some access route(s) to the project site cross private land. Do not cross posted private land unless you are on the official site tour listed below.

An organized site visit will occur on 4 June 2021. Participants will meet at 09:00 AM (MDT) at the Lions Club Community Center parking lot, located just north of the rodeo arena off Highway 95 in Jordan Valley, Oregon.

Jordan Valley, Oregon is in the Mountain Time Zone, not the Pacific Time Zone

(Attachment): Travel Maps and Project Maps KMZ File will be available at contractor's request.

52.212-2 Evaluation - Commercial Items (Oct 2014)

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

(i) Technical Capability;

(ii) Prior Relevant Experience; Past Performance;

(iii) Price.

Technical Capability, Prior Experience and Past Performance, when combined, are significantly more important than Price.

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.

Failure to provide required information may result in a non-responsive quote.

Evaluation Factor No. 1: Technical Capability

I. Proposals must clearly demonstrate the ability to complete the contract within the required period of performance. This is to include a work plan, schedule, coordination, and communication with the Government. Provide a work schedule for completing the project within the given timeframe beginning on September I and finishing on or before October 31.

This will include the following:

a. Number of employees on-site per day.

b. Estimated production capability of each crew per workday.

c. Expected completion date.

d. Schedule of planned working days and days off.

e. Contractor's inspection method and capabilities.

f. Whether contractor will be staying on-site (camping) or off-site. If staying on-site contractor will provide plan of how conditions will remain sanitary (garbage disposal and human waste).

g. Availability of additional workforce or ability to procure additional workers if needed to complete project.

2. Describe your firm's quality and safety process. Describe the company's safety plan for this project that adheres to OSHA standards. Provide a detailed and comprehensive safety plan which addresses the remoteness of the work site, medical transportation, communication (cell phone, radio, satellite phone), on site medical equipment and medically trained crew members

3. Describe available equipment to include type and capabilities:

Equipment - List of vehicles used and equipment that is owned by the Contractor, including make model and year, to be used on the job. Attach a list of equipment to use on the job that shall be either rented or purchased by the Contractor.

4. Provide a copy of any applicable license required to perform this contract.

Evaluation Factor No. 2: Prior Experience and Past Performance

Provide prior experience for each of the key personnel and crew members proposed, i.e., Contractor Representative in performing fuel reduction work or relevant work of a similar nature and within similar budgetary and time constraints, including:

1. Key Personnel - Submit the resumes of key personnel (no more than 3 pages each) experience that details relevant information as it pertains to the capabilities, certifications, expertise, and involvement in the project.

2. Crew Members - List experience and the roles of all crew members who will be assigned to the project.

3. Experience working in remote locations.

4. Referencing the firms Past Performance information, submit a reference list with a minimum of two ( 2) and no more than five (5) recent and relevant projects. The list shall include the following valid information:

(a) Offeror's (Company /Division) Name;

(b) Project Title and Description and State;

(c) Contracting Agency or Customer;

(d) Contract Number/Contract Value;

(e) Point of Contact's (POC) Name/Phone/Email;

(t) Start and end date of Period of Performance (month and year).

The Government will evaluate qualifications based on the extent to which the personnel meet or exceeds skills, experience, and/or education required in performing the specifications in the Statement of Work.

The Government will determine whether the Offeror consistently delivered quality services in a timely manner. Past performance will be assessed on the extent of client satisfaction, effectiveness in managing and directing resources, effectiveness in managing project time and performance schedules, reasonable and cooperative behavior, and quality of previous performance with clients.

Adequacy of offeror's demonstrated past performance in similar contracts or projects for federal agencies and/or private organizations in terms of price control, quality of work and compliance with performance schedules. Offeror shall identify agencies/firms for which similar supplies were provided within the past three (3) years. In addition to responses received the Government reserves the right to consider information obtained from any other sources when evaluating the offeror's past performance.

Evaluation Factor No. 3: Price

1. Submit completed Bid Schedule for the list of Line Items provided in the solicitation. Price will be evaluated after evaluations of the technical proposals. Each price proposal shall be evaluated for reasonableness. An offered price that is too high or too low may indicate the offeror does not understand the requirements of the contract and may be grounds for eliminating its proposal.

2. Prior Experience and Technical Approach, when combined, are significantly more important when compared to price.

Award Determination

The Government will award a contract to the Contractor(s) whose proposal: (a) conforms to the terms of the solicitation and (b) provides the best value to the Government. Best value will be determined according to the following criteria: experience and technical approach are significantly more important than, cost or price.

Award may not necessarily be made to the Offeror(s) submitting the lowest price. More than one award may be made from this solicitation. Award may not be made on all items depending on availability of funds.

Failure to provide all the information requested by this RFQ may render the proposal unacceptable.

See Section J for additional attachments to include project specifications and drawings.

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.)

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

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…