Sol_140L2622Q0047.pdf

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LDA

BOISE ID 83709

1387 S. VINNELL WAY

BLM ID STATE OFC HR&ADMN (ID953)

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08/05/2022 1200 MD

07/21/2022

2083733911Thomas Parsons (No collect calls)

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140L2622Q0047

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1 47 0040583816OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

TWIN FALLS ID 83301

2878 ADDISON AVENUE E

BLM Twin Falls

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1387 S. VINNELL WAY

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47 2 of

SOLICITATION NO: 140L2622Q0047

TITLE: POST FIRE (ESR) MONITORING

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 140L2622Q0047. 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 541690. Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $16.5 Million.

Site Visit: or No Site Visit

Due Date: 8/05/2022, 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 30

Section 4: Solicitation Provisions 31

SECTION 1: BID SCHEDULE

Estimated Start Date: 09/01/2022

Performance Time: 09/01/2022 – 09/30/2023

Total Estimated Acres: 54,504

Total Monitoring Plots: 60

Contractor shall be required to start work within five 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”

Line Item Number Description

Est.

Quantity

Unit of Issue

Unit Price Total Cost

0001 TFD ESR Treatment Monitoring 60 Plot $ $

2023 TFD ESR TREATMENT MONITORING TOTAL – ALL OR NONE $

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. INTRODUCTION

The Bureau of Land Management (BLM) manages 4 million surface acres of land within the Twin Falls District (TFD). The district conducts vegetation monitoring post-wildfire to document the success of vegetation treatments completed through the Emergency Stabilization and Burned Area Rehabilitation (ESR) program. The Assessment, Inventory and Monitoring (AIM) strategy is the approved monitoring strategy for land health monitoring and will be supplementing the guidelines used by the TFD Fuels program.

2. BACKGROUND

The contractor will be responsible for collecting data at 60 pre-determined plots. The distributed plots are on BLM administered lands throughout the TFD BLM (Burley, Jarbidge, and Shoshone Field Offices). These plots will be in their second and third post-treatment monitoring years. In recent years, large wildfires have affected sage-grouse habitat throughout the TFD. Areas burned by these fires were seeded with native cultivar seed mixtures or sagebrush plantings in existing vegetation. BLM policy is to monitor seeded/planted vegetation over a ten-year period to determine if the treatment(s) have met resource objectives and will aid in determining the success or failure of establishing native vegetation into disturbed areas. These plots will be provided to the selected contractor by the COR/contract administrator prior to the start of monitoring. The contractor will provide support in terms of coordination, pre-season support, data collection, electronic data management, and reporting.

All processes shall occur in accordance with the TFD Fuels monitoring program guidelines and with the most recent versions of information posted on the aim.landscapetoolbox.org website.

Data collection often occurs in remote locations, where cellular connection is unavailable or inconsistent. The BLM recommends that field crews be prepared to camp in primitive conditions and to collect data in multi-day “hitches” to minimize travel time. Field crews will be responsible for safety and for appropriate coordination with the local field offices regarding access across private lands, or protection of local resources. Contractors will be required to include a hitch schedule and safety plan as part of their submission.

3. SCOPE

3.1 TASK 1 - COORDINATION

After the contract is awarded, the contractor will meet or call with the COR (via phone, Teams or other web-based platform, or in person at the respective field office) for a pre-season meeting. The purpose of these meetings is to review sampling point locations and site access logistics, sampling methodologies, sampling order strategy, coordination, and data storage procedures. Upon request the contractor will allow BLM employees or public lands stakeholders such as permittees or members of the public to attend and observe monitoring efforts to ensure data is being collected in compliance with the methodologies as described.

The contractor will provide the COR or other designated point of contact with a hitch schedule including dates of field work and planned sampling locations prior to each hitch.

Standard:

The contractor shall meet with the COR on at least one occasion before beginning data collection. The BLM is notified of expected sampling schedules prior to each field hitch. The contractor shall allow BLM employees or BLM Public Land Stakeholders, such as permittees or member of the public to attend and observe monitoring efforts to ensure data is being collected in compliance with the TFD Fuels program guidelines and the http://aim.landscapetoolbox.org/ methodologies described in the Monitoring Manual for Grassland, Shrubland, and Savanna Ecosystems – Second Edition.

3.2 TASK 2 – DATA COLLECTION

The contractor will collect data at 60 plots within 13 project areas provided by the BLM, as summarized in Table 1. Each project will have a particular seed mix or seed mixes and treatment history that will be helpful to use before and during data collection. The BLM will provide these items to the contractor before data collection commences.

Table 1. Monitoring projects, Field Office, monitoring year (MT), acres, and plot numbers per project.

Project Field Office

MT

Year Total Acres Total Monitor Plots

Badger Burley 3 13,140 16 Interchange Burley 3 1,160 5 Conner Summit Burley 3 3,213 5 Saddle Burley 3 573 4 Black Butte Jarbidge 3 482 1 Juniper Butte Jarbidge 3 4,736 5 Inside Lakes Jarbidge 2 2,152 4 Castleford Butte Jarbidge 2 5,211 5 Clover Creek Jarbidge 2 1,238 3 Bruneau 2021 Jarbidge 2 1,666 3 Bancroft Shoshone 3 943 3 Drops Shoshone 3 3,704 5 Wedge Butte Shoshone 3 391 1

At each site, the contractor will collect data in accordance with the TFD Fuels monitoring program guidelines and the Monitoring Manual for Grassland, Shrubland, and Savanna Ecosystems – Second Edition (Herrick et al.

2018) as indicated in this statement of work. The Density Quadrat, Density Belt, and Species Inventory forms will be provided to the contractor prior to field data collection.

The general plot layout shall include three 100 foot transects arranged in a spoke design with bearings of 0°, 120° and 240°. Orientation of plots will be done using magnetic north with no correction for declination.

3.2.1 Core Collection Methods- These will be completed at each plot:

● Photos (Cardinal directions, for a total of four per plot)

● Plot Description

● Plot-Level Species Inventory

3.2.2 Protocols- These will be completed for the projects and plots indicated in Table 2.

● Cover-Point (includes height)

● Density Quadrats

● Density Belt transect

Table 2. Summary of plots and methods to be collected (identified by protocol and plot number)

Project Collection Methods

Cover, D. Quad & D. Belt Cover & Density Density Belts Photo Only

Total Monitor

Plots

Badger 001-016 002,004,005,007- 009 006,010-014 001,003,015,016 16

Interchange 001-005 001,002 003-005 5

Conner Summit 001-005 001-003 004,005 5

Saddle 001-004 001-004 4

Black Butte 001 001 1

Juniper Butte 001-005 001-005 5

Inside Lakes 001-004 001-004 4

Castleford Butte 001-005 001-005 5

Clover Creek 001-003 001-003 3

Bruneau 2021 001-003 001-003 3

Bancroft 001-003 001-003 3

Drops 001-005 001-005 5

Wedge Butte 001 001 1

3.2.3 Specifications for core collection methods/protocol implementation

● Plot Description

Collect these fields:

o Vegetation - Shrub and Herbaceous Cover o Ground Cover o Vegetation - Composition o Comments: General notes and observations of the plot not captured in other methods/protocols.

● Photos o Photos will be taken and provided to BLM in digital format, with photos named according to a systematic naming convention (Ex: Badger_ESR_001_North).

o Photos will be taken from all four cardinal directions (Idaho BLM Fuels Standard).

o If using a standard camera, each photo will include a photo board with information on site, date, plot ID, transect number, and transect azimuth.

o If using a smart device, the ContextCam app (or equivalent app) has labels within the app to identify location and other desired information (a photo board is not necessary with this option). This app is only available through iOS devices. AngleCam is a similar app supported by Android devices which may be used for photo documentation.

●Cover-Point (includes height) o Cover-Point observations will be made every 4 feet (starting at 4 feet) along each 100 foot transect, for a total of 25-point observations per transect (75 per plot).

o Height will be recorded at each point for all observations.

o Plants will be identified to species whenever possible, except for sagebrush, which will be identified to the sub-species level.

o *Forms will be provided to contractor.

●Density Quadrats o Quadrats will be utilized to measure grass and forb density (only count live species/current year’s growth) o Quadrats will be taken per transect at 15’, 35’, 55’, 75’, and 95’, for a total of 5 per transect (15 per plot) o Quadrat dimensions are 1 meter x 0.5 meter o *Forms will be provided to contractor.

●Density Belt Transect o Shrub counts will be collected to measure shrub presence and density (differentiate species

(from seed mix) and age class (immature or mature)) o Transect dimensions are 3 feet from both sides of one 100’ tape, taken at the 0° transect.

o *Forms will be provided to contractor.

●Plot-Level Species Inventory o Plants will be identified to species whenever possible, with the exception of sagebrush, which will be identified to the sub-species level.

o For each species observed, abundance will be characterized as rare or

Common.

o *Forms will be provided to contractor.

All questions regarding monitoring methodology that are not answered by the TFD Fuels Monitoring Information for Contractors document and the Monitoring Manual for Grassland, Shrubland, and Savanna Ecosystems – Second Edition and other technical guides, as provided, will be brought to the COR for resolution. Sample protocol forms will be provided to the contractor prior to field data collection.

3.2.4 Data Collection Guidelines

● Contractor is responsible for ensuring that field crews can identify local plants to species or sub-species, either by providing specialized local information or training, or by requiring formal education background of crew members. Sagebrush will be identified to the sub-species level.

● Contractor is responsible for ensuring that data is collected within these timeframes for optimal vegetative expression, according to climate and local phenology: Prioritize by completing southwest most projects in each Field Office first, then move north and east. The months of May, June, and July are the optimal data collection seasons in the TFD. Data collected in the hotter, drier months tend to make plant identification a little more difficult (but still feasible). Fire is also another reason to collect earlier in the season. The TFD averages 150,000 acres from wildfires every year, with about 50% as human cause.

● Electronic data capture while field sampling is preferred by the BLM, however it is at the discretion of the contractor as to whether to record data on paper forms and then transfer them into an electronic format FFI (Feat Firemon Integrated), electronic spreadsheets for others, as described above, or to use an electronic method of capturing data in the field. However, only the electronic data will be submitted to the BLM by September 30, 2023.

● Contractor is responsible for providing and setting up electronic capture devices (GETAC or similar device) with FFI version 1.05.13.

● GPS collection can be completed using Trimble units or smart devices with Field Maps capabilities. GeoPlatform is the platform used for contractors (very similar to Field Maps and requires less leg work to get credentialed with the DOI).

● Photos can be utilized with a standard camera unit, or via smart device with ContextCam or similar app. Plot photos will be submitted in digital format, with photos named according to a systematic naming convention.

● If private land will be crossed in the process of collecting the data, the contractor will contact the private landowner to acquire permission prior to crossing their land. The contractor will coordinate with BLM regarding private land access issues and comply with all state and local laws and regulations.

Standard:

By September 30, 2023, all the data described in this section will be provided to the Twin Falls District BLM. All plots are sampled within the specified timeframes. The data will be collected using the required methodologies and will be at least 95% accurate and complete. 95% of all plants encountered will be identified to the species level. All sagebrush species encountered will be identified to sub-species level.

3.2 TASK 3 – QUALITY CONTROL AND DATA TRACKING

The contractor will follow the Quality Assurance/Quality Control (QA/QC) steps outlined in Monitoring Manual for Grassland, Shrubland, and Savanna Ecosystems – Second Edition.

3.3.1 Calibration

Before any data are collected, those collecting data must calibrate as described in the monitoring manual.

At a minimum, calibration must occur for cover-point and density quadrat. Variance between crew members must be at the following parameters for each protocol before data collection begins:

Cover-Point – Within 10% Density Quadrats – Within 10 hits Density Belts – Within 2 hits Species Inventory – Within 2 species

Calibration will be repeated until variance meets the required parameters. The contractor will maintain a separate calibration project file in FFI and provide it to the COR or other designated contact with initial calibration results and a copy of the project file (FFI) after the first week (or work hitch) of sampling is complete. The contractor will provide the COR with a copy of the project sheet to review monthly throughout the data collection period. Sample calibration forms will be provided to the contractors prior to field data collection.

3.3.2 Reporting

The contractor will provide a brief written project implementation report along with each completed project in FFI. The implementation report will provide:

● Names of individuals working on the project

● Dates and titles of relevant training

● Calibration dates and results

● General hitch or sampling schedule

● Summary of meetings and field days with BLM or others and list of attendees

● Explanation of QA/QC processing, any data irregularities, or omissions (e.g., unidentifiable plants)

● Discussion of issues encountered during the sampling period

● Summary of number of plots sampled within each field-verified stratum

The ESR Monitoring Summary for each project will be completed. Templates for these reports will be provided to the contractor. These reports/summaries will provide:

● Monitoring methods

● Vegetation monitoring results for each treatment and objective

● Weather summary (temperature, wind, and precipitation)

Standard:

Quality of data submitted to the BLM demonstrates that QA/QC has occurred. A separate FFI file is submitted to the BLM demonstrating successful calibration of crew members. A complete project implementation report and ESR Monitoring Summary is submitted along with each final project in FFI. The BLM will be allowed 15 days to ensure data quality prior to acceptance.

3.4 TASK 4 – PROVIDE DATA TO THE TFD FUELS\ESR PROGRAM

All data will be provided to the BLM in an electronic format by September 30, 2023. All data that can be stored in FFI will be provided in that database. All photos will also be provided to the BLM and organized in folders by plot ID. All other data will be provided in an electronic spreadsheet, organized in a way that allows for easy data access and analysis. A brief project implementation report and ESR Monitoring Summary will be submitted with each project in FFI.

Standard BLM receives the data in FFI or an electronic spreadsheet as described in Task 2. Data is received by September 30, 2023. Data is accessible and usable for analysis purposes. A clear, concise project implementation report is submitted for each project.

4 EQUIPMENT

The contractor will need the following equipment to conduct this monitoring:

4.1 Field vehicle (a 4-wheel drive (4X4) vehicle with high clearance and all terrain 10-ply tires is highly recommended)

4.2 A UTV/ATV may be needed to access some plots. Equipment needed to access a point will be at the discretion of the contractor. If using equipment to access sites, no sustained impact to resource values should occur. Motorized access to wilderness or wilderness study areas will not be allowed, unless by written permission of the appropriate BLM field office manager.

4.3 Electronic data capture device capable of running Feat Firemon Integrated v1.05.13 (GETAC or similar)

4.4 10 megapixel or better digital camera, or smart device (ContextCam app)

4.5 GPS device, or smart device (Field Maps)

4.6 Compass

4.7 The contractor is responsible for all other materials needed to successfully complete the monitoring as listed on the Terrestrial Data Management Protocol (pages 15 & 16):

https://www.blm.gov/sites/blm.gov/files/docs/2022- 04/Data%20Management%20Protocol%20V5_0.pdf

4.8 Including but not limited to:

● Transect tapes and stakes/chaining pins

● Laser or measuring device (cover-point)

● Plant books

● Density quadrat frame- 1 m x 0.5 m

● Density belt transect pvc pipe- 6 feet long

5 SCHEDULE

Date of award through September 30, 2023.

6 KEY PERSONNEL

A minimum of 2 individuals will be required at each monitoring site. Collectively, the individuals who participate in collecting monitoring data will need to have the following qualifications:

6.1 Field Botanist or Rangeland Management Specialist

6.2 At least one of the individuals present for data collection must have successfully completed Terrestrial

AIM core methods training in the past 24 months (information about these trainings is available at (https://www.blm.gov/aim-training)). Short course trainings may be available by request for those individuals who may not be able to attend any of the AIM trainings (though one person on the crew must have attended a formal AIM core methods training in the past 24 months as previously indicated).

The Terrestrial AIM core methods training requirement may be waived for individual(s) if AIM training completion certificates or proof of training* within the last 3 years is provided. (*Proof of completed training include(s) a participation letter, an agenda, and/or a course completion survey email. Having only one form of the proof of completed training will suffice).

6.3 Field data specialist

7 GOVERNMENT FURNISHED PROPERTY

Any information including GIS data needed to complete the project will be furnished upon request. Project treatment history, seed mixes, protocol and calibration forms, and ESR Monitoring Summary templates will also be provided.

8 CONTRACTOR FURNISHED PROPERTY

The BLM will furnish the contractor with a shapefile of the data plots, as well as the associated GPS locations.

https://www.blm.gov/sites/blm.gov/files/docs/2022-04/Data%20Management%20Protocol%20V5_0.pdf https://www.blm.gov/sites/blm.gov/files/docs/2022-04/Data%20Management%20Protocol%20V5_0.pdf http://aim.landscapetoolbox.org/data-collection/terrestrial-master-equipment-list-2-9-17-1/) https://www.blm.gov/aim-training

Contractor is responsible for all equipment and incidentals necessary to complete the monitoring studies in accordance with the following specifications/directions.

9 CONTRACTOR PERFORMANCE ASSESSEMENT

After completion of a task order, a task order evaluation will be completed in the Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov/. A CPARS shall be done for task orders over $250,000.00.

10 QUALITY:

All work shall be checked and technically reviewed and approved in accordance with TFD BLM Fuels and BLM AIM policies, directives, and guidelines.

Quality shall be measured based on the following:

PERFORMANCE

OBJECTIVE PERFORMANCE STANDARD

Acceptable Quality Level

(AQL)

METHOD OF

SURVEILLANCE

For all submittals per the SOW

Timeliness – All SOW documentation and SOW requirements submitted within required milestone timeframe(s).

Accuracy – All documents conform to formatting requirements, agency directives, department directives, and the Federal Acquisition Regulations.

Professional – All Documents are well organized, grammatically correct, and demonstrate sound professional evaluation and analysis.

95% Reviewed by BLM Project Lead

SOW Task 3.1

The contractor shall meet with the COR on at least one occasion before beginning data collection. The BLM is notified of expected sampling schedules prior to each field hitch. The contractor shall allow BLM employees or BLM Public Land Stakeholders, such as permittees or member of the public to attend and observe monitoring efforts to attend and observe monitoring efforts to ensure data is being collected in compliance with the methodologies described by TFD BLM Fuels program and in the Monitoring Manual for Grassland, Shrubland, and Savanna Ecosystems – Second Edition.

The contractor provides a point of contact to resolve any questions or concerns about the data through September 30, 2023.

99% Reviewed by BLM Project Lead https://www.cpars.gov/

SOW Task 3.1

The contractor shall meet with the COR on at least one occasion before beginning data collection. The BLM is notified of expected sampling schedules prior to each field hitch. The contractor shall allow BLM employees or BLM Public Land Stakeholders, such as permittees or member of the public to attend and observe monitoring efforts to attend and observe monitoring efforts to ensure data is being collected in compliance with the methodologies described by TFD BLM Fuels program and in the Monitoring Manual for Grassland, Shrubland, and Savanna Ecosystems – Second Edition.

The contractor provides a point of contact to resolve any questions or concerns about the data through September 30, 2023.

99% Reviewed by BLM Project Lead

SOW Task 3.2

By September 30, 2023, all the data described in this section will be provided to the COR. The data will be collected using the required methodologies and will be 100% accurate and complete. FFI files will be submitted in electronic format. Plot photos will be submitted following a systematic naming convention. All plants encountered will be identified to the species level. All sagebrush species encountered will be identified to sub-species level.

100% Reviewed by BLM Project Lead

SOW Task 3.3

Quality of data submitted to the BLM demonstrates that QA/QC has occurred. A separate FFI file is submitted to the BLM demonstrating successful calibration of crew members. A complete project implementation report and ESR Monitoring Summary is submitted along with each final project FFI report. The BLM will be allowed 15 days to ensure data quality prior to acceptance.

100% Reviewed by BLM Project Lead

SOW Task 3.4

BLM receives the data in FFI or an electronic spreadsheet as described in Task 2. Data is received by September 30, 2023. Data is accessible and usable for analysis purposes. Quality of analyses and reports submitted to the BLM demonstrates that careful work and review has occurred. Reports and analyses are completed according to request.

Field support person is available to attend meetings as needed and to discuss analyses and reports.

100% Reviewed by BLM Project Lead

11 IDENTIFICATION OF CONTRACT EMPLOYEES: All contract personnel are required to identify themselves as contractors. Whether attending meetings or working in other situations where their contractor status is not obvious to third parties, they must make their status known to avoid creating an impression that they are Government employees.

12 BLM CONTACTS

Contracting Officer Tom Parsons E-Mail: tparsons@blm.gov

Contracting Officer’s Representative Lynnette Pettingill E-Mail: lpettingill@blm.gov mailto:tparsons@blm.gov mailto:lpettingill@blm.gov

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…