Sol_140L2622Q0011.pdf
PDF 5 MB Posted
- Attached to
- 2022 BDO LANDSCAPE MAINTENANCE Federal contract opportunity
- Solicitation number
- 140L2622Q0011
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 3_BDO_Landscape_Bid_Schedule_12-21-2021_Mod_1_0001.pdf | ||
| Sol_140L2622Q0011_Amd_0001.pdf |
On GovTribe
Work with this file on GovTribe
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
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)
0004276356 CODE 16. ADMINISTERED BYCODE
X
X
X
561730
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDA
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
03/22/2022 1200 MD
03/08/2022
2083733911Thomas Parsons (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140L2622Q0011
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 58 0040567973OFFEROR 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.
Base Year: 04/01/2022 to 03/31/2023 Option Year 1: 04/01/2023 to 03/31/2024 Option Year 2: 04/01/2024 to 03/31/2025
Delivery: 03/31/2023 Period of Performance: 04/01/2022 to 03/31/2023
00010 BDO Complex landscpae services Product/Service Code: S208 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.
Product/Service Description: HOUSEKEEPING-
LANDSCAPING/GROUNDSKEEPING
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
58 2 of
SOLICITATION NO: 140L2622Q0011
TITLE: Boise District Office Complex Landscape Services
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 140L2622Q0011. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2022-03. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 561730. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $8.0 Million.
Site Visit: Site Visit will be held
(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.
(b) An organized site visit has been scheduled for--
Date: March 16, 2022 Time: 09:00 Meeting Place: 3948 S. Development Ave, Boise, ID 83705 Point of Contact for Site Visit: Eric Rayborn, 208-866-8052
Questions Due Date: March 18, 2022, by 12:00 MDT
Due Date: March 22, 2022, 12:00 MDT. 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?
NOTE: SUBMIT ONLY REQUESTED ITEMS ABOVE, NOT THE ENTIRE SOLICITATION
https://www.sam.gov/
TABLE OF CONTENTS
Section 1: Solicitation/Contract Form See Standard Form 1449
Section 2: Contract Clauses 16
Section 3: List of Documents, Exhibits, and Other Attachments 31
Section 4: Solicitation Provisions 42
SECTION 1: BID SCHEDULE
Offerors are to complete Block 17a and blocks 30 - 31 of the SF-1449.
Note: This Solicitation is “All or None”
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
1. INTRODUCTION
The Contractor shall provide any and all labor, equipment, materials, supplies, services, permits, and licenses necessary to perform general landscaping and plant care at the Bureau of Land Management Boise District Office Complex located at 3948 S. Development Ave. Boise ID, 83705. The period of performance shall be one year, from date of award through 12 calendar months, with two one-year option periods (base plus two option years).
2. PERFORMANCE WORK STATEMENT
The contractor is expected to maintain the existing landscaping throughout the lawns, grasses, rock/bark beds, xeri-scaping, and parking lots of the Boise District Office Complex. Duties will include mowing, edging, trimming, aeration, the application of fertilizers and weed control chemicals, irrigation maintenance and monitoring, pruning, weeding, trash pickup, and other landscape related items.
The contractor shall be responsible for maintaining a healthy, attractive, and professional landscape appearance around the Boise District Office Complex.
3. APPLICABLE DOCUMENTS
A. Drawings and layout of the Boise District Office Complex and its landscaping features B. OF-306 and the Privacy Rights Advisement and Acknowledgment Forms (Background checks)
4. REQUIREMENTS
A. Turf Grass Lawn Areas
a. Manually pick up and remove any visible trash or debris from all turf grass lawn areas on each visit and prior to mowing or any other contract related work
b. Mechanically Mow, Trim, and Edge all turf grass lawn areas
c. Aerate/plug all turf grass lawn areas
d. Apply pillbug/grub deterring chemicals to all turf grass lawn areas
e. Apply pre/post‐emergent weed control (crab grass, broadleaf, etc.) to all turf grass lawn areas
f. Apply chemical fertilizers to all turf grass lawn areas
B. Tall Fescue Lawn Areas
a. Manually pick up and remove any visible trash or debris from all tall fescue lawn areas on each visit and prior to mowing or any other contract related work
b. Mechanically Mow, Trim, and Edge all tall fescue lawn areas
c. Aerate/plug all tall fescue lawn areas
d. Apply pillbug/grub deterring chemicals to all tall fescue lawn areas
e. Apply pre/post‐emergent weed control (crab grass, broadleaf, etc.) to all tall fescue lawn areas
f. Apply chemical fertilizers to all tall fescue lawn areas
C. Native Areas
a. Manually pick up and remove any visible trash or debris from all Native Areas on each visit
D. Additional
a. Pick up all trash, debris, rubbish, and dead vegetative matter (i.e., leaves, branches, limbs, needles, etc.), from any remaining areas of work not covered above
b. Remove weeds from rock/bark beds, xeri‐scaped areas, parking lots, sidewalks, and road ditches, (EXCLUDE NATURE AREA) (mechanical/chemical removal including pre/post‐emergent/sterilant if needed)
c. Remove runners, shoots, suckers, re-seeded plants, etc. without damage to the original or near-by plants in all areas of work excluding the Nature Area.
d. Monitor and adjust sprinkler/irrigation systems (adjust sprinkler timing and spray patterns for optimal plant care). Immediately inform the COR of any lines, sprinklers, valves, or timers that are not functioning, broken, or otherwise impeding the optimal plant health and appearance
e. Prune all trees and shrubs (including juniper and forsythia) from ground level up to 8 feet from the ground (EXCLUDE NATURE AREA) to ensure a healthy plant and clean appearance.
f. Winterize all sprinkler/irrigation systems to include blowing out all sprinkler systems using a compressor capable of a minimum of 100 cfm at 50 psi.
g. Manually or mechanically clean catch basins to include removing trash or debris that may be inside. Protective grates must be physically removed for access to the catch basin. Any grate removed shall be replaced as soon as work on the catch basin is complete.
h. Use a vehicle mounted mechanical sweeping machine (i.e., “street sweeper”) to sweep and clean parking lots. The corners and any other portion of the parking lots inaccessible to the street sweeper shall be manually swept and cleaned
5. ADDITIONAL INFORMATION
A. The areas of work shall be cleaned on the same day the work is done.
B. Care shall be taken not to blow or rake landscape mulch out of place.
C. Irrigation Sprinklers, Timers, and Valves are from a mix of manufacturers D. The contractor shall coordinate the irrigation schedules so as not to interfere with the Contractors work hours.
E. Damaged sprinklers, utilities, or infrastructure due to Contractor actions or negligence shall be reported to the COR and repaired or replaced by the Contractor at the Contractor’s expense using supplies and/or materials that are equal to or better than the parts being replaced as approved by the COR.
F. The Contractor shall furnish all necessary types of power equipment, hand tools, and other pieces of equipment required to maintain service.
G. There is no storage provided for contractor owned equipment or supplies H. All Parking lot sweepings are to be scheduled at least seven (7) calendar days in advance with the COR I. Parking lot sweepings will be done on nights and/or weekends outside of normal business hours of
8:00AM through 5:00PM Monday through Friday unless otherwise authorized by the COR J. Safety Data Sheets (SDS) for all chemicals (fertilizers, weed control, pest treatments etc.) used at the site during the contract shall be submitted to and accepted by the government at the start of the contract.
Substitutions or changes to any chemical after the initial submittal must be approved by the government.
K. The contractor shall have a copy of the SDS information on site and accessible to their employees any time a chemical is being used. The COR may request to review the contractor’s SDS copy at any time and may temporarily halt use of the chemical if one cannot be provided.
L. The Native Area shall not be sprayed, weeded, pruned, or trimmed, but may require trash pickup and sprinkler/irrigation timing adjustments and blowouts
M. All waste generated during this work is to be collected and recycled or disposed of at the contractor’s expense
N. The contractor shall track the amount of waste (both green and general) generated from the contractor’s work on the complex as well as the destination of the waste. All waste records shall be provided to the COR upon request.
O. The contractor shall make a good faith effort to ensure all green waste is composted or otherwise recycled P. Contractor shall perform their own inspections and record the results in their Quality Control Plan. COR will periodically review the contractor quality records.
Q. The Contractor shall provide the COR with a monthly report that describes the bid schedule items that were completed over the previous month and the date the work was completed R. At least one of the contractor’s on-site representatives must be able to speak and read English in order to communicate with the government or the general public S. All requirements shall meet Performance Measures found in Section 9.
6. PERFORMANCE/QUALITY ASSURANCE SURVEILLANCE PLAN FOR LAWN MAINTENANCE
INTRODUCTION - This Performance/QASP has been developed to evaluate contractor actions while implementing the Performance Work Statement. It is designed to provide an effective surveillance method of monitoring contractor performance for each listed Performance Objectives on the QASP in the maintenance contract. It also provides a systematic method to evaluate the services the contractor is required to furnish. The contractor, and not the government, is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality surveillance to ensure contract standards are achieved.
In this contract, the Quality Control Program is the driver for service quality. The contractor is required to develop a comprehensive program of inspection(s) and monitoring actions. The first major step to ensuring a “self-correcting” contract is to ensure that the Quality Control Program approved at the beginning of the contract provides the measures needed to lead the contractor to success.
Once the Quality Control Program is approved, careful application of the process and standards presented in this document will ensure a robust Quality Assurance Program.
7. QUALITY ASSURANCE/SURVEILLANCE
The COR will periodically evaluate the contractor’s performance in accordance with the Performance/QASP. The COR will also take reviews and comments from customers/employees before passing them to the contractor for compliance and/or correction.
8. QUALITY CONTROL PLAN - CONTRACTOR
The Contractor shall establish a Quality Control Program to ensure the requirements of the contract are met. It shall be submitted to the Contracting Officer (CO). Any amendments shall be submitted to the CO for approval at least ten days prior to their proposed implementation. The Quality Control Plan shall, at a minimum, include:
a) An internal inspection system covering all the services performed including a checklist that will specify areas to be inspected by Contractor personnel on both a scheduled or unscheduled basis and the title of the individual(s) who will do the inspection.
b) A method for identifying deficiencies in the quality of services performed and for proposing any corrective action to be taken.
c) A method for ensuring any Security ID Card(s) issued to the Contractor by the Government are not lost, misplaced, or used by unauthorized persons.
d) A file of all inspections conducted by the Contractor and any corrective actions taken. This documentation shall be made available to the CO or COR for review upon request.
9. PERFORMANCE MEASURES
Performance Objective
Quality Standards Acceptable Quality
Level
Means of Measurement
(all Items)
Disincentive Failure to Perform to
Standards (All Items)
Maintain weed and litter free landscaping per Schedule of Items
Weeds and litter removed from designated landscaping
Weeding/litter essentially 95% or more of the total work has been completed
Random Contractor and COR inspection
Rework at no cost to the Government.
(Rework must be completed within 24 hours of non-compliance notification per next business day)
Maintain turf lawn per Schedule of Items
Mow, trim, and edge all turf grass
Turf areas are tidy and essentially
95% free of dryness or browning
Random Contractor and COR inspection
Rework at no cost to the Government.
(Rework must be completed within 24 hours of non-compliance notification per next business day)
Maintain existing sprinkler system per
Schedule of Items
Sprinklers function in all zones and timers are set to ensure plant water needs are met while also conserving water to the best of the contractor's abilities
Trees, plants, and grasses are essentially 95% free of dryness or browning while the soil and surrounding areas do not show evidence of over watering
Random Contractor and COR inspection
Rework at no cost to the Government.
(Rework must be completed within 24 hours of non-compliance notification per next business day)
Sweep Parking Lots per Schedule of Items
Parking lots are free from dirt, leaves, pine needles, and other debris
Parking lots are free from dirt, leaves, pine needles, and other debris
Random Contractor and COR inspection
Rework at no cost to the Government.
(Rework must be completed within 24 hours of non-compliance notification per next business day)
Clean out 3 storm water catch basins per
Schedule of Items
Grates are removed and inspected. The walls are washed.
Water and debris are removed (including any buildup in the sump), and the cover or grate is properly replaced catch basin walls are clean and dry and the sump area is free from any debris
Random Contractor and COR inspection
Rework at no cost to the Government.
(Rework must be completed within 24 hours of non-compliance notification per next business day)
Apply chemicals for fertilizers, pest control and weed control per Schedule of Items
Chemicals are applied consistent to manufacturer recommendations and formulated for the application and time of year.
Chemicals are applied consistent to manufacturer recommendations with minimal waste
Random Contractor and COR inspection
Rework at no cost to the Government.
(Rework must be completed within 24 hours of non-compliance notification per next business day)
Prune and maintain trees and plants per the Schedule of Items
Trees and plants are kept healthy and neat living trees and plants are trimmed to the industry standard while dead trees and plants are replaced with similar nursery stock
Random Contractor and COR inspection
Rework at no cost to the Government.
(Rework must be completed within 24 hours of non-compliance notification per next business day)
10. LANDSCAPE PRESERVATION
The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain the Native Area in its natural and undamaged state, and shall conduct the work at all times in compliance with the following requirements.
A. The Contractor shall not remove, deface, injure, or destroy any of the vegetation found within the area of work unless specifically authorized to do so by the Contracting Officer or COR.
B. The contractor shall have sufficient knowledge of plant biology to ensure all mowing, trimming, edging, and pruning will not substantially damage or harm the plants
11. ACCESS
All contractor and contractor authorized subcontractor employees that will work at the BLM Boise District Office Complex will be required to go through a federal background check and obtain an access badge/keycard before gaining unescorted access to the secured portions of this site. The federal background check consists of both the Personnel Investigations Processing System (PIPS) and Central Verification System (CVS). The PIPS/CVS background checks are initiated when the contractor (or subcontractor) provides the Bureau of Land Management with completed OF-306 and Privacy Rights Advisement and Acknowledgment Forms for EACH person that will be working on the site. OF-306 and Privacy Rights Advisement and Acknowledgment Forms must be delivered in a sealed envelope to
Eric Rayborn C/O BLM Boise Office Complex Landscape Contract 3948 S. Development Ave.
Boise ID 83705
Envelopes containing background check paperwork may be hand delivered to the front desk at the address above or mailed at no expense to the Government.
After receipt of the OF-306 and Privacy Rights Advisement and Acknowledgment Forms, the BLM will transfer the documents to the National Background Investigations Bureau (which is a sperate entity from the Bureau of Land Management) for processing. The PIPS/CVS background checks may take several weeks of processing, The government may grant supervised access to the secure locations while the contractor (or subcontractor) and his or her employees are going through the PIPS/CVS background check process. Any supervised access will be at the discretion and schedule of the government and may be revoked or changed at any time. A contractor (or subcontractor’s) inability to pass the background checks or otherwise access the secure areas may result in reduced payments or other repercussions from the government The contractor is responsible for ensuring enough staff pass the PIPS/CVS background checks to adequately service the contract. The Contractor shall establish and implement methods of ensuring that all badge(s) issued by the Government are kept secure in the Contractor’s (or Subcontractor’s) possession and are not used by unauthorized persons. All persons with access badges are prohibited from opening locked or restricted areas to permit entrance of unauthorized persons. The Contractor is to protect all access badge(s) assigned to their representatives against loss, theft, and destruction. Do not leave the badge(s) in unlocked vehicles or unattended in open view. The contractor must collect the access badges of any persons no longer employed by the contractor and return those badges to the COR.
12. EQUIPMENT REQUIREMENTS AND TRANSPORTATION
All equipment proposed to be used for performance of the work shall be of the size, type, number and in such condition to properly pursue the requirements of this contract. Equipment must be capable of all operations necessary to meet the requirements of this contract and work as shown in the Schedule of Items.
The Contractor's proposed equipment shall be made available for inspection at any time. If at any time during the course of this contract the equipment is deemed unsatisfactory or dangerous, the COR may order removal and may require a satisfactory replacement at Contractor's expense.
13. DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE
The Contracting Officer designates the COR. 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 documents executed by the Contracting Officer prior to completion of the contract.
The COR should be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)
On all matters that pertain to the contract terms, the Contractor must communicate with the CO. If, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the CO should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.
14. GOVERNMENT NOT LIABLE FOR ACCIDENTS AND EXPOSURES
The Government will not accept any liability for accidents and exposures resulting from work under this contract, except in cases in which it is shown that there was a direct action of the Government or its employees which caused the accident or exposure. Otherwise, the Contractor retains responsibility for accidents and exposures that occur during work under this contract.
15. SAFETY
At the Post Award Conference, the Contractor shall present a Safety Plan that addresses the hazards associated with operating powered equipment and addressing bid items found in the Schedule of Items.
16. PERSONAL PROTECTIVE EQUIPMENT
1. The contractor will train all employees in the safe operation and use of equipment that is to be used in the performance of this contract.
2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.
3. Defective or damaged personal protective equipment shall not be used.
4. The contractor shall assure that each employee wears foot protection that provides adequate traction, ankle support, and enclosed toe area.
5. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.
6. The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.
7. The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., leaf blower.
17. BASIC FIRST AID
1. Basic first aid supplies shall be maintained, available and under the charge of the person using motorized equipment. The supplies shall include supplies that are commonly found in a standard First Aid Kit, such as the type found for camping use or carried in motor vehicles.
18. SCHEDULE OF ITEMS
19. IRRIGATION SYSTEM SUMMARY (APPROXIMATE)
See Section J for additional attachments to include project specifications and drawings.
Sy st em N um be r Sy st em
N am e N um be r o f Z on es
Es tim at ed
N um be r o f Sp rin kl er H ea ds
(o r dr ip
-b ub bl er
s) P er
Zo ne
Lo ca tio n of Ir rig at io n
Co nt ro ls
Lo ca tio n of W in te riz at io n
Bl ow
-O ut
Co nn ec tio n
Ad m in is tr at io n
Bu ild in g an d
Su rr ou nd in g
Ar ea s ( Xe ri-sc ap ed
-F es cu e
Gr as sy A re as an d Ad m in is tr at io n to
Di sp at ch B ui ld in gs
G ra ss y
Be rm
A re a (W es t o f M ai n As ph al t P ar ki ng
Lo t
Be tw ee n
De ve lo pm en t A ve a nd
Pa rk in g
Lo t) to
Ex te rio r, N or th
S id e of
Ad m in is tr at io n Bu ild in g N or th
S id e of
A dm in is tr at io n
Bu ild in g
N at iv e Ar ea (I nc lu di ng
V eg et at ed S tr ip of
La nd
A lo ng E as t S id e of M ai n
Pa rk in g
Lo t a nd S ec ur ity F en ce to
Ex te rio r, So ut h En d of
M ai n N at iv e Ar ea A lo ng
S ec ur ity
Fe nc e
So ut h En d of
M ai n N at iv e Ar ea
Al on g Se cu rit y Fe nc e
Di sp at ch B ui ld in g an d
Su rr ou nd in g
Ar ea to
In te rio r, Di sp at ch B ui ld in g
M ec ha ni ca l R oo m
So ut h Si de o f D is pa tc h Bu ild in g
SECTION 2 - CONTRACT CLAUSES
1. 52.252-2 Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far#
52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Nov 2021) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts
(Sept 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Alt I) (Jul 1995) 52.223-6 Drug-Free Workplace (May 2001) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989)
2. 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders--Commercial Products and Commercial Services (Jan 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).
https://www.acquisition.gov/browse/index/far#
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (13) [Reserved] XX (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (NOV 2016) of 52.219-9.
__ (iii) Alternate II (NOV 2016) of 52.219-9.
__ (iv) Alternate III (JUN 2020) of 52.219-9.
__ (v) Alternate IV (SEP 2021) of 52.219-9.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (MAR 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).
XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (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 (SEP 2021) (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 (SEP 2021) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).
XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
XX (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
__ (ii) Alternate I (JUL 2014) of 52.222-35.
XX (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
__ (ii) Alternate I (JUL 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 (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
(JUN 2016) (E.O. 13693).
__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (OCT 2015) of 52.223-13.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (JUN 2014) of 52.223-16.
XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (NOV 2021) (41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (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. 2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (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 (OCT2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (APR 2003) of 52.247-64.
__ (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).
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) (29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
XX (7) 52.222-55, Minimum Wages Under Executive Order 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 award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.
L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 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 (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (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 (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
3. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)
(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be 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…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .