Sol_140L2622Q0043.pdf

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CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

LDA

BOISE ID 83709

1387 S. VINNELL WAY

BLM ID STATE OFC HR&ADMN (ID953)

0004276370 CODE 16. ADMINISTERED BYCODE

X

X

X

115112

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/22/2022 1200 MD

07/07/2022

2083733909David Murray (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L2622Q0043

5. SOLICITATION NUMBER

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

1 61 0040577031OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

SHOSHONE ID 83352-1522

400 W F ST.

BLM-ID SHOSHONE FIELD OFFICE (Twin

15. DELIVER TO

BOISE ID 83709

1387 S. VINNELL WAY

9. ISSUED BY

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EFFECTIVE DATE

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THIS CONTRACT IS A

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SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

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8(A)

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

WOMEN-OWNED SMALL BUSINESS

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SMALL BUSINESS PROGRAM

EDWOSB

24.

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23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 10/03/2022 Period of Performance: 09/26/2022 to 10/03/2022

00010 2022 TFD FUELS FALL GRASS SEEDING

Product/Service Code: F002 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- AERIAL SEEDING

Continued ...

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HEREIN, IS ACCEPTED AS TO ITEMS:

XX

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Thomas Parsons

. YOUR OFFER ON SOLICITATION (BLOCK 5),

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STANDARD FORM 1449 (REV. 2/2012) BACK

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22.

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ITEM NO.

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61 2 of

SOLICITATION NO: 140L2622Q0043

TITLE: 2022 Twin Falls District Fall Fuels Grass Seeding

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 140L2622Q0043. 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 115112. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $8.0 Million.

Site Visit: No Site Visit will be held

Due Date: 07/22/2022, 12:00 MDT. Quotes will be accepted via email at dmurray@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 15

Section 3: List of Documents, Exhibits, and Other Attachments 29

Section 4: Solicitation Provisions 45

SECTION 1: BID SCHEDULE

2022 TFD FUELS FALL GRASS SEEDING

Line Item

Number Description

Est.

Quantity

Unit of Issue

Unit Price Total Cost

01 Dog Creek Grass Seeding 1,564 Acre $ $

02 Upper Rim Grass Seeding 978 Acre $ $

03 Rice Creek Grass Seeding 88 Acre $ $

04 Grassy Hollow Grass Seeding 49 Acre $ $

2022 TFD FUELS FALL GRASS SEEDINGS TOTAL – ALL OR NONE $

Estimated Start Date: 9/26/2022 Performance Time: 3 working days Total Estimated Acres: 2,679

Contractor shall be required to start work within three days after being notified by the Contracting Officer’s Representative.

Offerors are to complete Block 17a and blocks 30 - 31 of the SF-1449.

FOB Point: Destination – All delivery costs must be included in the unit price for each item.

Note: This Solicitation is “All or None”

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

SECTION C

DETAILED SPECIFICATIONS

2022 TFD FUELS FALL GRASS SEEDINGS

Item 001 – Dog Creek Grass Seeding

1. Approximate Acreage: 1,564 acres

2. Location of Work Site as Shown on Work Location Maps: Project is located approximately 8 to 11 miles north of Gooding, Idaho, in Gooding County. The project includes BLM land. Elevation varies from a low of 4,050 feet to a high of 4,400 feet.

3. Requirements of Equipment to be supplied by the Contractor: Sufficient to meet specifications of the contract.

4. Loading Site: Contractor shall be responsible for access to the site. Contractor shall have personnel on project site prior to commencing daily application, during application, and shall notify COR or Project Inspector of changing weather conditions.

5. Crew Requirements: Crew for handling seed and loading equipment shall be furnished by the Contractor.

6. Location of Seed to be Furnished By the Government: Shoshone Seed Warehouse, 317 State Hwy 75, Shoshone, Idaho. The Contractor shall be responsible for loading and hauling the Government owned seed from the warehouse to the work site. Seed will be available by appointment. Contact Tony Owens at (208) 732-7208 or (208) 308-3968.

7. Kind of Seed and Rate of Application: Mixed seed will be provided in 50-pound bags.

1,564 acres – 7.13 pounds per acre 11,150 pounds seed / approximate

8. Remarks and Other Requirements:

Contractor shall be required to start work within three days after being notified by the Contracting Officer’s Representative.

It is the Contractor’s responsibility to assure that the seeding equipment has suitable agitation and feeder mechanisms to evenly distribute the seed at the specified rate without damaging the seed.

SECTION C

DETAILED SPECIFICATIONS

2022 TFD FUELS FALL GRASS SEEDINGS

Item 002 – Upper Rim Grass Seeding

1. Approximate Acreage: 978 acres

2. Location of Work Site as Shown on Work Location Maps: Project is located approximately 3 to 6 miles northeast of King Hill, Idaho, in Elmore County. The project includes BLM land.

Elevation varies from a low of 3,150 feet to a high of 3,700 feet.

3. Requirements of Equipment to be supplied by the Contractor: Sufficient to meet specifications of the contract.

4. Loading Site: Contractor shall be responsible for access to the site. Contractor shall have personnel on project site prior to commencing daily application, during application, and shall notify COR or Project Inspector of changing weather conditions.

5. Crew Requirements: Crew for handling seed and loading equipment shall be furnished by the Contractor.

6. Location of Seed to be Furnished By the Government: Shoshone Seed Warehouse, 317 State Hwy 75, Shoshone, Idaho. The Contractor shall be responsible for loading and hauling the Government owned seed from the warehouse to the work site. Seed will be available by appointment. Contact Tony Owens at (208) 732-7208 or (208) 308-3968.

7. Kind of Seed and Rate of Application: Mixed seed will be provided in 50-pound bags.

978 acres – 4.04 pounds per acre 3,950 pounds seed / approximate

8. Remarks and Other Requirements:

Contractor shall be required to start work within three days after being notified by the Contracting Officer’s Representative.

It is the Contractor’s responsibility to assure that the seeding equipment has suitable agitation and

SECTION C

DETAILED SPECIFICATIONS

2022 TFD FUELS FALL GRASS SEEDINGS

Item 003 – Rice Creek Grass Seeding

1. Approximate Acreage: 88 acres

2. Location of Work Site as Shown on Work Location Maps: Project is located approximately 4 to 5 miles northeast of Malta, Idaho, in Cassia County. The project includes BLM land. Elevation varies from a low of 5,000 feet to a high of 5,300 feet.

3. Requirements of Equipment to be supplied by the Contractor: Sufficient to meet specifications of the contract.

4. Loading Site: Contractor shall be responsible for access to the site. Contractor shall have personnel on project site prior to commencing daily application, during application, and shall notify COR or Project Inspector of changing weather conditions.

5. Crew Requirements: Crew for handling seed and loading equipment shall be furnished by the Contractor.

6. Location of Seed to be Furnished By the Government: Shoshone Seed Warehouse, 317 State Hwy 75, Shoshone, Idaho. The Contractor shall be responsible for loading and hauling the Government owned seed from the warehouse to the work site. Seed will be available by appointment. Contact Tony Owens at (208) 732-7208 or (208) 308-3968.

7. Kind of Seed and Rate of Application: Mixed seed will be provided in 50-pound bags. Seed mix same as Grassy Hollow.

88 acres – 9.49 pounds per acre 835 pounds seed / approximate

8. Remarks and Other Requirements:

Contractor shall be required to start work within three days after being notified by the Contracting Officer’s Representative.

It is the Contractor’s responsibility to assure that the seeding equipment has suitable agitation and

SECTION C

DETAILED SPECIFICATIONS

2022 TFD FUELS FALL GRASS SEEDINGS

Item 004 – Grassy Hollow Grass Seeding

1. Approximate Acreage: 49 acres

2. Location of Work Site as Shown on Work Location Maps: Project is located approximately 2 to 3 miles southeast of Elba, Idaho, in Cassia County. The project includes BLM land. Elevation varies from a low of 5,550 feet to a high of 6,150 feet.

3. Requirements of Equipment to be supplied by the Contractor: Sufficient to meet specifications of the contract.

4. Loading Site: Contractor shall be responsible for access to the site. Contractor shall have personnel on project site prior to commencing daily application, during application, and shall notify COR or Project Inspector of changing weather conditions.

5. Crew Requirements: Crew for handling seed and loading equipment shall be furnished by the Contractor.

6. Location of Seed to be Furnished By the Government: Shoshone Seed Warehouse, 317 State Hwy 75, Shoshone, Idaho. The Contractor shall be responsible for loading and hauling the Government owned seed from the warehouse to the work site. Seed will be available by appointment. Contact Tony Owens at (208) 732-7208 or (208) 308-3968.

7. Kind of Seed and Rate of Application: Mixed seed will be provided in 50-pound bags. Seed mix same as Rice Creek.

49 acres – 9.49 pounds per acre 465 pounds seed / approximate

8. Remarks and Other Requirements:

Contractor shall be required to start work within three days after being notified by the Contracting Officer’s Representative.

It is the Contractor’s responsibility to assure that the seeding equipment has suitable agitation and

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

2022 TFD FUELS FALL GRASS SEEDINGS

1. Requirement - Contractor shall be required to utilize a Differentially Corrected Global Positioning System (DGPS) for electronic Navigation. System must be capable of utilizing ArcMap or ARC-INFO shape files created by the government and given to the Contractor on a USB Thumb Drive or by email.

(a) Ground flaggers and an auto-flagger system (if aircraft is utilized) can supplement the DGPS system, but not substitute for it.

(b) Differentially Corrected Global Positioning System (DGPS)

Navigation - DGPS is required for tracking, and data collection. The Contractor shall provide all guidance equipment, materials, computers, printers, personnel, and services required for the system to be used. The system shall be sufficiently sensitive to provide immediate deviation indications (real-time).

The DGPS system must be capable of determining a differentially corrected location with an error of no more than one to two meters in the horizontal plane. The guidance system shall be capable of updating current position at a rate of a minimum of one time per second. Differential correction must cover the complete operational area. During operation, differentially corrected signal must be accurately recorded at least 90% of the operational time. Differential correction may be, provided by a portable differential station, FM radio fixed towers, or satellite.

Software provided with DGPS must be designed for parallel offset in increments equal to the assigned swath width of the application equipment

Equipment Requirements:

Software: Software provided with DGPS must be designed for parallel offset in increments equal to the assigned swath width of the application equipment.

Project Log: Must be capable of a minimum rate of one-second logging intervals. Full record includes position, time altitude, speed, track, application system on/off, job name/number, and differential correction status. The computer program must be capable of calculating and show total acres treated during the flight, and capable of downloading to a computer for analysis and review. The project log must show and differentiate between seeding-on and seeding-off when viewed on a computer monitor or printer. Export files of each project log shall be provided and must be compatible with ArcMap or ARC-INFO GIS system on a USB Thumb Drive. The Contractor shall provide software that is compatible, and which will enable the files to convert into viewable files for ArcMap or ARC-INFO GIS.

The contractor must, upon request by the COR or Project Inspector, be able to supply project log data on a USB Thumb Drive for review at any time during the contract. The Contract will not be considered complete until the data has been reviewed and deemed complete with no skips in the seeded areas. The Contractor shall provide a map with project log data at the end of each day’s application.

The DGPS system must be capable of zooming in on any portion of the treatment to view a specific area with greater detail.

Hardware:

Visual Display Monitor and Control Keypad: (1) Capable of displaying swath width over project path: (2) mounted in a location that will allow the applicator to view the screen; (3) have a method to display nested polygons to indicate sensitive or no-seeding areas within or adjacent to treatment blocks: (4) have a feature that allows the applicator to return to the exact location of application shutdown and complete application without omitted or doubled seeded areas: (5) be able to input reference waypoints (A-B line): (6) have a feature which alerts applicator when they are about to enter or exit a specific treatment block or an exclusion area within a block: .

Course Deviation Indicator (CDI): The course deviation indicator or course deviation light must have the capability to display both cross-track error and intercept angle to desired heading.

Cross-track error shall be adjustable down to (1) foot.

Memory: Must be capable of storing up to 8 hours of continuous project log data.

2. Base of Operations - The Contractor shall provide such facilities as may be required for competent performance of contract. The use of any loading area shall be arranged by and at the discretion and risk of the Contractor, and the Government shall not be held responsible for any loss, mishap, or accident due to conditions of any site used. The Contractor shall provide appropriate warning signs for traffic if roads are used as loading sites.

3. Seeding

(a) General - The Contractor shall seed designated areas in conformance with these specifications and the Detailed Specifications. Unless otherwise specified, the Contractor shall furnish at work sites applicator(s) experienced in applying seed in rough, rocky, or mountainous terrain, all equipment, labor, supplies, and materials required to complete the job. The Contractor shall service and repair his/her equipment as necessary to maintain satisfactory progress on work.

The Contractor shall have personnel on project site prior to commencing daily application, during application, and shall notify COR or Project Inspector of changing weather conditions. The COR or Project Inspector will allow Contractor to continue or stop application if weather factors dictate. The COR or Project Inspector will give the permission to start, approximately one (1) hour from notification of conditions, depending on location of project from the closest Twin Falls District’s Field Office. The Contractor will be allowed to work six days per week including Saturdays. Work will not be permitted on Sundays and holidays, unless authorized by the COR.

(b) Equipment

Equipment - The Contractor shall furnish sufficient equipment to satisfactorily seed the designated areas in the time specified as required in the Detailed Specifications. Equipment shall be capable of traveling at moderate speed and close enough to the ground for proper control and distribution of seed.

Communication - The Contractor shall furnish sufficient equipment to have communications with the Government either by using radio frequencies designated by the Project Inspector or by providing a radio to the Project Inspector.

Seed Bucket(s) or Hopper(s) - Seed bucket(s) or hopper(s) may include a mechanical agitation system to prevent the seed from bridging in the bucket or hopper. Equipment that cannot perform the specified work shall be modified or replaced by the Contractor. Equipment shall be equipped for carrying seed with an approved distribution mechanism complete with release, shutoff, and spreading device, which can be calibrated for spreading seed at the prescribed rate in a satisfactory manner and uniform pattern. Seed bucket(s) or hopper(s) shall include lids, which fasten securely to prevent seed from blowing out.

Seeder Calibration - The Contractor shall calibrate seeding equipment prior to application on the project. The Government will supply seed for calibration. However, the seed may not be available until approximately two days prior to the approximate start date of the project. Seed used for calibration shall be recovered for use on the project.

(c) Seed – Seed, will be furnished by the Government at the location stated in the Detailed Specifications. Contractor shall load and transport seed from the pickup point to the operational loading sites and shall be responsible for its protection from loss or damage due to weather, rodents, insects, theft, or any other hazard. Any seed damaged or lost, while in the custody of the Contractor, will be replaced by the Government, and actual cost to the Government for replacement will be deducted from payments due the Contractor. All unused seed shall be returned to the pickup point by the Contractor or nearer destination, if so directed, upon completion of work or termination of the contract.

(d) Seeding Operation

Rate of seeding - Seed shall be distributed at the rate stated in the Detailed Specifications, or as directed by the Contracting Officer. Some seeding rates may be slightly reduced due to availability of seed.

Seeding Conditions - Seed shall not be applied when the wind speed exceeds ten miles per hour unless permission is given by the COR in writing.

Coverage - The entire surface within the designated boundaries of the job area shall receive uniform coverage with the seed except for such areas as may be excluded by Government. Areas excluded from seeding operations within the work site boundaries shall not be included in the acreage computed for payment. Such areas will be specified in advance of seeding operations on work maps. Seeding strips shall be patterned in such a manner as to secure as high a uniformity of seed distribution as practicable. Such distribution shall not vary more than fifteen (15) percent above or below the average distribution of seed per unit of surface specified for the particular area concerned. Application shall be made to obtain proper distribution and uniform coverage of seed.

Checks will be made as operations progress to determine uniformity of application. Any areas missed by the Contractor or seeded to less than the concentration specified shall be reapplied and brought up to standard, compensated by seeding additional acreage, or by suitable deduction from the contract price, at the option of the Government, and at no additional cost to the Government.

Seed openings of the distribution mechanism shall be checked at sufficient intervals to insure proper functioning and even distribution of seed at all times. If at any time inspection of equipment reveals that seed openings are not properly operating or that feeders are blocked by trash, the Contracting Officer may require re-seeding of that portion of the area that the Government determines was not properly seeded, at no additional cost to the Government.

Project sites include varying land patterns. State and/or private land can be surrounded by BLM lands or BLM lands may be surrounded by private and state lands. Contractor shall be capable of seeding small irregular shaped areas and avoiding lands not owned by the BLM that are not included in this contract.

Project site is located in on mostly flat to rolling ground. Contractor shall be capable of applying seed in contour patterns at a fixed height above the varying ground elevation. If aircraft is utilized, Contractor WILL NOT be allowed to apply seed at one fixed elevation for entire project site. Project sites may be muddy. Contractor cannot apply seed if seeding equipment will disturb project area in any way. Any wheel, track, or other marks will not be allowed.

Tests for uniformity and rate of application - The Government will make tests as operations progress to determine uniformity of seeding. Standards of performance will be determined by adequate weight records of seed applied on each individual path and for each particular seeding strip covered, and ground recovery of samples of seed actually distributed. All work of weight recording and ground recovery will be done by the Government at no cost to the Contractor.

Should the Contractor wish to object in any way to the weight recording and/or ground recovery sampling done at any particular time by the Government, the Contractor shall be present in person or by authorized representative to voice said objections when said weight recording and/or ground recovery samplings are done, and to agree upon new records and/or samples at the time, where after the weight recording and ground recovery sampling done by the Government shall be final and binding in the settlement of the contract.

Work stoppages - The Government reserves the right to stop seeding operations at any time when seeding conditions are considered sufficiently unfavorable to warrant stoppage. Stoppage shall continue until seeding operations, are again authorized by the Government. Because of the nature of the work, any time for which work is suspended by the Government because of unsuitable seeding conditions, will not be counted against the contract completion time.

However, no monetary compensation will be given to the Contractor by reason of such work suspension. Contractor agrees to work diligently to complete the seeding application.

Partial days in which any amount of seeding was accomplished may be counted as full days of performance time if the Government deems Contractor is not being diligent in completing the contract.

Completion of Contract - The Contract will be considered completed and payment due when all seed furnished to the Contractor by the Government has been seeded to the standards specified above; or when all areas designated under the contract have been seeded to the said standards; or if performance under the contract is ordered terminated by the Government.

Safety Hazards - Any ground or above ground hazards that would pose a danger to Contractor’s personnel or operating equipment must be identified and mitigated by the Contractor prior to commencing operations.

(e) Payment - Measurement for payment for seeding will be the actual area, in acres, within the designated boundaries satisfactorily seeded in conformance with these specifications.

Measurement will be made from the ArcGIS polygons provided by the government. Acreages will be computed from horizontal distances as shown on maps. Payment will be made at the unit price per acre specified in the Bid Schedule and shall include the cost of all work described in this paragraph and the Detailed Specifications, including any re-seeding, if such work is required. Acreages will not be computed from DGPS acreages covered. Contractor must factor in additional seeding application time required for coverage of the polygons, complete seeding, and any contour application that may be required to properly cover the area.

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)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 https://www.acquisition.gov/browse/index/far#

(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 too high.

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

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

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

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

L.115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or…