Sol_140L2621Q0035.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

06/29/2021 1200 MD

06/03/2021

(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

140L2621Q0035

5. SOLICITATION NUMBER

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

1 47 0040535939OFFEROR 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: 10/13/2021 Period of Performance: 07/16/2021 to 10/13/2021

00010 Hand Cut and Pile 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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

47 2 of

SOLICITATION NO: 140L2621Q0035

TITLE: Soda Fuel Breaks Hand Cut and Pile

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 140L2621Q0035. 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: 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: 22 June 2021 Time: 0900 MDT Meeting Place: Gem Stop Chevron

5644 Buntrock Rd. Marsing, ID 83639 Point of Contact for Site Visit: Steven Jimenez

Questions Due Date: 24 June 2021

Due Date: 29 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

ITEM

NO.

DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT COST TOTAL COST

1 7C-Level lll 151 acre

Total 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

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

2. Background: The Soda Fuel Breaks Project is located in Owyhee County south of Marsing and west of Murphy, ID along the Owyhee front.

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

Slope: Typical cutting areas generally will consist of slopes more than 15%.

Rock: Some rock may be present.

3. Purpose: More than fifty percent of the treatment area was burned in the 2015 Soda fire. The purpose of the action is to create fuel breaks that will ultimately protect the Wildland Urban Interface area, the surrounding intact sage-grouse habitat, and the Emergency Stabilization & Rehabilitation investments from the threat of wildfire, and thereby stem the subsequent threat of invasive plant expansion within and adjacent to the Soda Fire boundary, while providing optimal safe areas and anchor points for firefighters to more rapidly and effectively suppress fires.

4. Scope of Work: The objective of the treatments is to hand sever, hand pile, and cover 151 acres of coniferous trees within the fuel break boundary. Contractor will be required to hand sever, hand pile and cover all designated trees within the unit boundary. This treatment will take place within 200 feet of vehicle accessible roadways. It is recommended that an onsite visit occur to accurately determine the scope of work.

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

The performance period will tentatively commence Friday July 16th. Period of performance is (45) calendar days.

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

necessary for the work executed under the contract.

5. Location: Work under contract is located in Owyhee County, State of Idaho, approximately 13 miles north of Jordan Valley, OR. This project will take place on Cow Creek road between the Oregon border and Silver City road.

6. Project Boundary Marker: The edge of the 200-foot boundary off the road will not be flagged but the beginning and ending points of the cutting areas will be flagged. The contractor is required to have GPS capabilities and will be responsible for utilizing GPS to locate and follow unit boundaries during time of project implementation. See description below for GPS requirements.

GPS Capability: Work in this contract requires the contractor to have GPS capabilities in order to identify treatment areas, leave islands and/or project boundaries. GPS equipment must have an accuracy of +/- 10 meters and be capable of accepting/uploading shapefiles or track logs. The government will provide shapefiles or track logs electronically (via email or at the pre-work meeting) to the contractor which will identify treatment unit boundaries and leave islands within the project area boundary. It is the responsibility of the contractor to upload the shape files to the GPS equipment and provide any technical support for problems with the contractor owned equipment.

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

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

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

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

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

10. Contractor 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 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 issuing a Suspend Work Order. The Government must be informed of any changes of the Contractor Representative.

11. Detailed Unit Information: Project area is considered remote with limited cellular phone service on site and over 13 miles to the closest services (gas/motel). Travel time between Jordan Valley and the project site(s) is estimated at 45 minutes depending on vehicles, speeds, and location of project site(s). If not attending the organized site tour, do not cross posted private lands.

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

13. Special Provisions:

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

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

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

(2) A size O or larger shovel shall be available with each gas can when refueling. Any fueling of a power saw shall be done in an area which has first been cleared of all flammable material.

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

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

The contractor shall comply with the following watershed protection measures:

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

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

(c) The contractor will not make any hand piles within (20) ft. of willows, streambeds, or riparian areas.

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

14. Specifications of treatment: 151 Acres

Item 7C – Level III: Hand Severing, Hand Piling and Cover Canopy cover of the material to be hand severed, piled, and covered is estimated to be from 31 to 60 percent total cover.

(a) Thin, limb and pile all Douglas Fir trees 12 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 12 in.

DBH and will be cut and piled. This will address all small trees that do not come to breast height. Sub-Alpine Fir trees do not need to be cut.

(b) 100% of non-marked live juniper will be severed at the stump within unit boundaries.

(c) No live branches will remain on the stump after the tree is cut and the remaining stump height shall be within (6) in. from the ground on the uphill side.

(d) All branches will be cut off flush with the trunk of each severed tree.

(e) Any tree that is hand severed and blocks any road will be slashed and moved to allow travel on roadways by vehicles.

(f) No trees will be felled into flagged avoidance sites.

(g) Pruning-All remaining uncut Douglas Fir trees greater than 12-inch DBH will be pruned

(live branches) to a height of 7 feet. In order to eliminate ladder fuels.

(h) All slash from felled trees between ¼ and not exceeding 6 inches in diameter and 4 feet in length shall be piled. Slash less than ¼ inch in diameter may be left on ground. Slash left on ground shall not exceed 3 inches in depth.

(i) All slash from cut trees will be piled at least 15 ft. away from the bowl of live trees.

Incidental smaller mountain mahogany and other shrubs may be removed when necessary, to provide for pile locations.

(j) Retain all aspens.

Hand Pile Construction:

(a) 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.

(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. All four corners and middle of the Kraft paper shall be anchored down by slash.

Note: Contractor shall furnish all necessary 30-30-30 waterproof Kraft paper

(c) 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.

(d) 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.

(e) 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.

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

Hand Pile Location:

(a) All hand piles should be constructed within the perspective unit’s boundaries.

(b) Hand piles shall not be closer than 15 feet to a reserve tree’s (leave tree’s) drip line or 25 feet to a reserve trees drip line on slopes 30 percent or greater. Incidental smaller mountain mahogany and other shrubs may be removed when necessary, to provide for pile locations.

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

(d) Slash shall not be piled or placed on logs or stumps, in roadways, drainage or canal ditches, or within channel bottoms, streams or within no-treatment zones.

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

Restrictions: Item 7C – Level III: Hand Severing, Hand Piling and Cover listed above.

(a) Juniper trees pre-identified with markings and/or flagging will not be cut down.

(b) Old growth juniper trees will not be cut down. Old growth trees are identified by their rounded, flat, or irregularly shaped canopies as opposed to seral trees which are easily distinguished by their conical

(c) Slashing will not occur to any tree containing a raptor nest (including large cavities suitable for nesting).

(d) Slashing will not occur to any tree that is part of a fence line or that cannot be slashed without damaging the fence line or nearby structure(s).

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

INSPECTION, ACCEPTANCE, AND MEETINGS

Pre-work Conference:

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

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

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

Progress Inspections/Meetings:

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

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

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

Final Inspection/Acceptance:

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

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

PERFORMANCE PERIOD – 45 days

THE ESTIMATED DATES FOR THIS PROJECT ARE:

Start Date: July 16, 2021 (subject to change depending on severity of fire danger) End Date: October 13, 2021

SITE VISIT

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

An organized site visit will occur on Tuesday, June 22, 2021. Participants will meet at 09:00 AM in the large parking area at the Chevron Gas station at the junction of Highway 95 and Highway 55 two miles west of Marsing, Idaho.

TECHNICAL PROPOSAL

FIRM

NAME:_____________________________________________________________________________________

CONTACT PERSON AND PHONE

NUMBER:__________________________________________________________________

DETAILS

1) Personnel

a) Contract Manager for the Contractor. Name and phone number with a brief (no more than one page) resume attached:

Name: Phone Number:

b) On site job superintendent for the Contractor. Name and phone number with a brief (no more than one page) resume attached:

Name: Phone Number:

c) Number of full time employees to be used for this project:

d) Number of part time employees to be used for this project:

2) Equipment

a) Attach a list of hand tools to be used on the job that are owned by the Contractor:

b) Attach a list of hand tools to be used on the job that will be either rented or purchased by the Contractor:

c) Attach a list of vehicles including make and model that will be used on the job.

d) Attach a list of mechanical equipment to be used on the job, if any.

3) Past Performance

Complete the following for the last three jobs either completed or in progress for any client (Government, Business, or Private Owner)

a) Contact Name: Phone Number:

Dollar Value: Type of Project:

Method(s) Used:

Location of Project:

b) Contact Name: Phone Number:

Dollar Value: Type of Project:

Method(s) Used:

Location of Project:

c) Contact Name: Phone Number:

Dollar Value: Type of Project:

Method(s) Used:

Location of Project:

4) Utilization of Small and Local Business Concerns and Hiring of Local Employees and Product Processing

(a) Attach a brief explanation of the plans for providing employment opportunities to the people in the local rural communities and plan for providing training opportunities to those people in rural communities.

(b) Attach a brief explanation of the plans for Use and involvement of local American Indian tribes, personnel, and business.

(c) Attach a brief explanation of the plans for use of local business for product processing. Also include the name and address of the firm who will be processing the product.

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 dispute’s 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…