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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)
0004276376 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
08/18/2021 1000 MD
07/30/2021
(208) 373-3910Patricia Fort (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140L2621Q0059
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 47 0040534026OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
IDAHO FALLS ID 83401
1405 HOLLIPARK DRIVE
BLM-ID UPPER SNAKE FIELD OFFICE (ID
15. DELIVER TO
BOISE ID 83709
1387 S. VINNELL WAY
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$20.50
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: 10/19/2021 Period of Performance: 09/20/2021 to 10/19/2021
00010 DEADMAN HEISE THINNING PROJECT 2021
Product/Service Code: F014 Product/Service Description: NATURAL
RESOURCES/CONSERVATION- TREE THINNING
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Patricia Fort
. 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: 140L2621Q0059
TITLE: Deadman Heise Thinning Project 2021 Page 3
INFORMATION TO PROSPECTIVE QUOTERS
This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Firm, fixed-price quotes are requested under Request for Quotation (RFQ) Solicitation number 140L2621Q0059. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2021-06. 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:
(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/ Time Wednesday, August 11, 2021, at 9:00 am MDT. Meet at BLM, Idaho Falls District Office, 1405 Hollipark Drive, Idaho Falls, ID 83401
Point of Contact for Site Visit: Sarah Fusselman
Due Date: Wednesday, August 18, 2021, at 10:00 MDT. Quotes will be accepted via Email at pfort@blm.gov.
Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.
In accordance with this Solicitation Section 4 - Solicitation Provisions
See FAR 52.212-2 Evaluation - Commercial Items
The overall proposal shall consist of a completed Standard Form 1449, completed Bid Schedule, and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of work.
To expedite the handling of your quotation, please check the following items:
❏ Is the unit price legible?
❏ Is the extended price correct?
❏ Have you initialed any changes or erasures?
NOTE: SUBMIT ONLY REQUESTED ITEMS ABOVE, NOT THE ENTIRE SOLICITATION
mailto:pfort@blm.gov https://www.sam.gov/
TITLE: Deadman Heise Thinning Project 2021 Page 4
TABLE OF CONTENTS
Section 1: Solicitation/Contract Form See Standard Form 1449
Section 2: Contract Clauses 13
Section 3: List of Documents, Exhibits, and Other Attachments 27
Section 4: Solicitation Provisions 31
TITLE: Deadman Heise Thinning Project 2021 Page 5
SECTION 1: BID SCHEDULE
Offerors are to complete Block 17a and blocks 30 - 31 of the SF-1449.
DEADMAN & HEISE BRIDGE (Lop & Scatter / Lop & Pile) 2021 PROJECT
Line Item Number Description Estimated
Quantity Unit of Issue Unit Price Total Cost
0001 Deadman Lop & Scatter 432* Acres $ $ 0002 Heise Bridge Lop & Pile/ Lop & Scatter 80* Acres $ $
TOTAL - ALL OR NONE $
*GIS Calculated Quantity
Total Estimated Acres: 512 Estimated Start Date: 9/20/2021 Period of Performance: 30 working days
During implementation, access roads may not be passable due to muddy or wet conditions.
Application equipment and chemical, used for treating the Russian olive stumps following cutting, will be supplied by the government.
The Contractor’s applicator(s) shall hold a current Idaho Professional Applicator License in the Agricultural
Pesticide Category.
Contractor will be required to start work within three days after being notified by the Contracting Officer
Representative.
TITLE: Deadman Heise Thinning Project 2021 Page 6
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
Deadman & Heise Bridge (Lop & Scatter / Lop & Pile) 2021 Project
Item #0001 Deadman Lop & Scatter
1. Approximate Acreage: 432 Acres
2. Background: The project area consists of Utah Juniper (Juniperus osteosperma) woodland and sagebrush steppe habitat. Fuel loadings range from less than one ton per acre to as high as 25 tons or more per acre.
The purpose of the Deadman Project is to reduce the risk of large and/or severe wildland fire, improve sagebrush steppe habitat, and reduce soil erosion. Treatments that focus on reducing fuel loads and increasing crown spacing within encroached woodland and dense woodland vegetation types have been shown to reduce the severity of wildland fire as well as improve shrubland and woodland health and wildlife habitat.
3. Purpose: The purpose of the Deadman project is to reduce fuel loadings and soil erosion potential, as well as improve overall vegetative health, sagebrush steppe health and wildlife habitat. 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.
4. Scope of Work: The objective of this treatment is to remove all juniper regrowth (stems and seedlings) that has occurred since the initial treatment in 2017. The previously treated lop & scatter units total 432 acres and need maintenance to retain the effectiveness of the previous treatments, thereby maintaining the sagebrush restoration and fuels reduction work in the area.
5. Location of Work Site as Shown on Work Location Maps: Project area is located approximately two miles east of Butte City, Idaho (Deadman Map 1). All work will be performed on land administered by the Bureau of Land Management. General-purpose maps will be included with each Task Order to give the minimum needs for a contractor’s project bid. Once the project is accepted by the contractor, maps will be provided by and agreed upon by BLM and the contractor. See attached aerial photo and topographic maps for general location of project area and treatment units (Deadman Map 2 & Deadman Map 3).
6. Detailed Unit Information: The Deadman project consists of two units totaling 432 acres. Species of trees to be cut will be Utah Juniper. Because of the scattered nature of the vegetation, not all acres within the established boundaries of the treatment units will require the same amount of labor to achieve the specifications outlined below. Both units were previously treated (mechanically masticated) in 2017 to remove much of the standing woody material. Because the masticator was unable to remove all the ground level stems, many of the stumps are showing signs of regrowth. Much of the regrowth is less than three inches in diameter and can easily be severed with heavy-duty bypass loppers, however, access to hand saws is also highly recommended. Additionally, juniper seedlings are repopulating some of the previously treated areas and will need to be removed. It shall be the responsibility of the Contractor (i.e., knowledge and experience of the crew leader) to determine the quantity of work needed to meet specifications identified in this SOW. Acreage of the unit was determined by calculations based on a horizontal plane using GIS technology (see Deadman Map 2). It is highly recommended that the contractor visits the site prior to bidding.
TITLE: Deadman Heise Thinning Project 2021 Page 7
7. Specifications: Manual Fuels Reduction Treatment (Lop & Scatter):
(a) The amount of slash to be lopped and scattered averages less than one ton per acre. Site is accessible by vehicle or walk-in of less than 1/2 mile. Reduced slash to the extent so that it is within six inches of the ground at all points.
(b) The material to be treated consists of young juniper seedlings or previously masticated junipers where regrowth has occurred.
(c) Lop and scatter all existing living material so that all top and side branches are free of the central stem and the slash does not exceed 6 inches in depth. Central stem length shall not exceed 4 feet.
(d) Completely sever all live junipers with the stump height no taller than ground level on the uphill side. No live (green) limbs shall be left on the stumps of cut trees.
(e) Cut or removed trees and brush shall not be left hanging up in leave trees or adjacent brush.
(f) Avoidance areas exist within each of the treatment units. These areas consist of mature clumps of junipers for wildlife benefit and will be excluded from treatment.
8. Treatment of Surplus Vegetation: Individual species may be specified as reserved from cutting on individual units.
9. Performance Time Allowed:
5 days of Actual Cutting
Item #0002 Heise Bridge Lop & Pile / Lop & Scatter
1. Approximate Acreage: 80 Areas
2. Background: The Project areas consist of riparian vegetation including stands of cottonwoods, willows, and other riparian herbaceous vegetation. The main goal of this project is to curtail the continued expansion of Russian olive (Elaeagnus angustifolia), a non-native, invasive tree species originally used for establishing windbreaks and increasing wildlife habitat. The methods used to reduce Russian olives expansion within the project area will include a combination of hand thinning and chemical treatments.
3. Purpose: The purpose of this project is to remove invasive Russian olive that are currently outcompeting native riparian vegetation and interfering with natural plant succession on BLM administered public lands. If left untreated, Russian olive can quickly inundate riparian habitat and permanently displace native vegetation. This contract will require the Contractor to furnish all tools, labor, supervision, equipment, materials, supplies, transportation, training, and incidentals (excluding those items provided by the Government) necessary to accomplish the thinning of trees and dispersal of slash in accordance with the specifications provided.
4. Scope of Work: The objective of the treatment is to remove Russian olive preventing any further expansion of this invasive species within the Snake River riparian corridor. Densities within each of the units will vary and may range from 3-30 trees per acre. The lopping, piling and scattering units total 80 areas and have not been previously treated. Piled slash will be burned at a later date.
TITLE: Deadman Heise Thinning Project 2021 Page 8
5. Location of Work Site as Shown on Work Location Maps: Project area is located approximately 3.5 miles east of Ririe, Idaho (Heise Bridge Map 4). All work will be performed on land administered by the Bureau of Land Management. General-purpose maps will be included with each Task Order to give the minimum needs, for a contractor’s project bid. Once the project is accepted by the contractor, maps will be provided by and agreed upon by BLM and the contractor. See attached aerial photo and topographic maps for general location of project area and treatment units (Heise Bridge Map 5).
6. Detailed Unit Information: The Heise Bridge project consists of two units totaling 80 acres. Because of the scattered nature of the vegetation, not all acres within the established boundaries of the units will require the same amount of labor to achieve the specifications outlined below. It shall be the responsibility of the Contractor (i.e., knowledge and experience of the crew leader) to determine the quantity of work needed to meet specifications identified in this SOW. Acreage of the unit was determined by calculations based on a horizontal plane using GIS technology (see Heise Bridge Map 5).
It is highly recommended that the contractor visits the site prior to bidding.
7. Specifications: Manual Fuels Reduction Treatment (Lop & Scatter / Lop & Pile):
(a) Completely sever all live Russian olive with the stump height not to exceed 4 inches. No live limbs shall be left on the stumps of cut trees.
(b) Apply Triclopyr to the entire cut surface area of the stump within 10 minutes of cutting. (see Government furnished property) This will require the contractor’s applicator(s) hold a current Idaho Professional Applicator License in the Agricultural Pesticide Category.
(c) All slash greater than 2 in. in diameter and greater than or equal to 2 ft. in length shall be piled.
Plied slash will not exceed 4 ft. in length. Slash less than 2 in. diameter and less than 2 ft. in length shall be left on the ground. Slash left on the ground shall not exceed 6 inches in depth.
(d) Piles will be constructed so they are TIGHTLY woven together, air space free, and dirt free. The piles will consist of a mixture of small diameter and larger diameter material (Leaves, Stems, and boles).
(e) A 4’x4’x4’ interior section of the pile “WILL” be covered using multiple sheets of wax-coated paper. The government will provide 22 rolls of wax-coated paper and the rest will be provided by the contractor if needed.
(f) Unless approved by the COR, pile size shall be 5 ft. in diameter by 6 ft. in height.
(g) The number of trees to be cut and piled averages 3 trees per acre.
(h) Sites are accessible from paved roads or by walk-in of less than ¾ mile.
(i) Piles shall not be closer than 10 ft. to crown of leave trees or 25 ft. to a unit boundary, fence, trail, or road unless approved by the COR. Slash shall not be piled or placed on logs or stumps, in roadways or drainage ditches, or within channel bottoms or streams.
8. Performance Time Allowed:
5 days of Actual Cutting
1.0 GENERAL
1.1 Purpose: The purpose of this contract is to secure services for lop, scatter, and piling treatments. The Contractor will furnish all tools, labor, supervision, equipment, materials, supplies, transportation, training, and incidentals necessary to accomplish the removal of trees and treatment of slash in accordance with the specifications provided.
TITLE: Deadman Heise Thinning Project 2021 Page 9
1.2 Access: Legal public access to the project areas will be identified on the maps prior to the contractor starting the implementation phase. Seasonal road closers may exist (contractor will be notified of closers upon award). Contractor will assume responsibility for any additional access if desired. If roads or any type of access become subject to damage, because of adverse weather conditions or other natural and or political 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 decided.
1.3 Notification of Cessation or Restart of work: The Contractor will notify the Contracting Officer's Representative (COR) whenever he/she intends to cease operations for three or more days and will notify the COR before starting operations after a shutdown of three or more days.
1.4 Requirements of Equipment to be Supplied by Contractor: Sufficient to meet specification of the contract.
1.5 Personnel Requirements: The crew is 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.
1.6 Crew Foreman: A crew foreman must be on-site directing work at all times. This person will also serve as an on the ground contact person for the COR/PI. Failure to maintain a crew foreman will result in suspension of work until a crew foreman is provided. A maximum of five (5) days will be allowed to produce a qualified foreman. Failure to produce a qualified on-the-ground foreman within five days may result in the Contracting Officer (CO) issuing a Suspend Work Order. CO and COR must be informed of any changes in Crew Foreman.
1.7 Chemical Application: The Contractor’s applicator(s) shall hold a current Idaho Professional Applicator License in the Agricultural Pesticide Category. The Government will inspect each applicator for their current Idaho Professional Applicator’s License in the Agricultural Pesticide Category before work on this contract.
1.8 Work Camps: Camping on agency-administered lands will only be allowed in approved sites and with the prior written authorization of the responsible land manager. Should such a work camp be authorized, the Contractor shall maintain the camp in an orderly and sanitary manner. All fire regulations and permits shall be followed. All garbage and refuse shall be removed from the camp site(s) by the Contractor and disposed of offsite before final payment is made.
1.9 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. Such conditions usually develop where frozen ground is thawing, when snow is melting, and during or immediately following rainstorms. Any soil and ground disturbance caused by equipment during and after operations will be rehabilitated.
1.10 Work hours under this contract shall be limited to the time between 8 a.m. to 5 p.m. No work will be done on legal National Holidays unless authorized by the COR.
1.11 Salvage Rights: No salvage will be allowed.
1.12 Fire Prevention: Primarily for purposes of fire prevention and control, the Contractor shall comply with the following provisions:
TITLE: Deadman Heise Thinning Project 2021 Page 10
(a) The Contractor shall comply with all the applicable Idaho State Fire Prevention Laws, Rules, Regulations, and Standards.
(b) Prior to starting operations during a closed fire season or periods of high fire danger, the Contractor shall prepare a fire prevention and fire control plan to the satisfaction of the COR.
(c) Provide and maintain in good repair on the contract area the following equipment for use during a closed fire season or periods of high fire danger:
i. Firefighting tools shall be kept at vehicle staging areas or at such other place(s) as the COR shall designate whenever employees of the Contractor are working on the contract area. All firefighting tools shall be identified, organized, and easily accessible to all Contractor employees. The fire tools shall be in good condition, be tight on strong handles, and have sharp cutting edges. There shall be at least one (1) tool for each Contractor employee working on the contract area. Three-fourths (3/4) of all fire tools shall be shovels, hoes, or other scraping tools. The fire tools shall be used only for fighting fire.
ii. A shovel in good condition with not less than a three (3) foot handle and a blade not less than seven and three-quarters (7 3/4) inches wide shall be within fifty (50) feet of any power saw when in operation.
iii. Two (2) back-pack pumps at each vehicle staging area to be kept full of water and in good operating condition.
iv. A serviceable chemical fire extinguisher of at least eight (8) ounces minimum capacity shall be carried during a closed fire season or period of high fire danger by each saw operator using a power saw on the contract area. Such fire extinguisher shall be filled and in 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. 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. A shovel shall be available with each gas can when refueling. Each power saw shall be equipped with an exhaust system and a spark arresting device.
(d) The CO may require additional fire tools and fire equipment as the fire danger may warrant.
1.13 Designation of Contracting Officer’s Representative: The CO shall designate the COR and project inspectors. The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documentation executed by the CO prior to completion of the contract.
1.14 Site Tour: A site tour is not planned for this contract. Interested parties should take reasonable steps to ascertain the nature and location of the contract area and the work to be completed, as well as the general and local site conditions which can affect the work and cost of performance. Failure to take the actions described in this paragraph will not relieve the Contractor from the responsibility of properly estimating the difficulty and cost to successfully perform the work, or from successful completion of the work without additional expense to the Government. For further information, please contact Sarah Fusselman (208)-524-7597.
1.15 Prework Conference: Prior to the commencement of work, a pre-work conference will be arranged with the Contractor to discuss the contract terms and work performance requirements.
TITLE: Deadman Heise Thinning Project 2021 Page 11
2.0 INSPECTION AND ACCEPTANCE SECTION:
2.1 Inspection:
(a) The Government COR and/or PI will make periodic inspections as a basis for acceptance and payment and recommendations for adjustments in work quality while work is in progress. The Contractor is encouraged to participate in inspections while they are being conducted.
(b) As the basis for payment, inspections for compliance with specifications will be made for work units reported as completed by the contractor. All plots will be averaged together to determine payment.
(c) A combination of Ocular or Physical Inspections will be made on a series of plots located at different intervals across each work unit. A sufficient number of plots will be taken to obtain at least one percent sample of the work unit.
(d) The following information will be recorded for each plot inspected if more than 5 percent of the treated area has these items found in them. The treated areas will get a failing grade if:
1. Stumps taller than ground level are present.
2. Live limbs are left on the stump.
3. Slash is not reduced to within 20 inches off the ground.
4. Number of unfelled trees that meet the species specifications (surplus).
5. Number of felled trees that do not meet the species specifications (surplus).
6. Number of felled trees that do not meet the stump specifications regarding live limbs or height (surplus).
7. Number of felled trees whose cut material was not dispersed or piled or cut to specifications
(surplus).
2.2 Determination of Work Quality Percentage:
Work quality percentages are derived from data developed from inspection plots. The final work quality percentage times the bid price determines the pay. A work quality percentage of 95 percent or higher will result in full payment. If high stumps or uncut surplus trees are the primary reason for unsatisfactory work, the Contractor shall rework areas designated by the Government until satisfactory work quality is obtained.
Example: Number of trees felled within plot = 40 Number of ‘surplus’ trees= 8 trees 8 divided by 40 X 100 = 20% 100% minus 20% = 80% 80% X bid price for job = Pay Rate
2.3 Acceptance:
(a) Satisfactory Work Quality: A minimum work quality standard of 95 percent is required.
TITLE: Deadman Heise Thinning Project 2021 Page 12
(b) Unsatisfactory Work Quality: Based on inspection results, if the work quality percentage falls below 95 percent, the Contracting Officer will immediately notify the Contractor in writing and instruct the Contractor to improve the quality of the work. If the quality of the work is not raised to an acceptable level within two consecutive workdays after written notification, the Contracting Officer may issue a stop work order.
(c) Final payment shall not be granted until project is complete to the satisfactory quality standard.
3.0 GOVERNMENT-FURNISHED PROPERTY
3.1 The Government will provide the following items to the Contractor: Provide various USGS 7.5-minute quadrangles (1:24,000 scales) or GIS equivalent with clear cut unit boundaries clearly identified.
3.2 All chemical, and application supplies/equipment needed to apply chemical the severed stumps.
3.3 A BLM Representative (COR and/or PI) will be available for technical guidance and when inspection is requested by the contractor. Regular communications between the BLM representatives and the contractor will alleviate any problems or delays.
4.0 PERFORMANCE PERIOD
THE ESTIMATED DATES FOR THIS PROJECT ARE:
Estimated Start Date: September 20, 2021 Performance Time: 30 Calendar Days
TITLE: Deadman Heise Thinning Project 2021 Page 13
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) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 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. (Jul 2021)
(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#
TITLE: Deadman Heise Thinning Project 2021 Page 14
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).
__ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126) 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.
__ (31) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C. 4212).
__ (ii) Alternate I (JULY 2014) of 52.222-35.
TITLE: Deadman Heise Thinning Project 2021 Page 15
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 __ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
__ (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).
__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (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 (JAN 2021) (41 U.S.C. chapter 83).
__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JAN 2021) (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 (JAN 2021) of 52.225-3.
__ (iii) Alternate II (JAN 2021) of 52.225-3.
__ (iv) Alternate III (JAN 2021) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 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 (FEB 2021).
TITLE: Deadman Heise Thinning Project 2021 Page 16
__ (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. 55305 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.
TITLE: Deadman Heise Thinning Project 2021 Page 17
(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. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial 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).
TITLE: Deadman Heise Thinning Project 2021 Page 18
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…
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