Sol_140L2622R0005.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

LDA

BOISE ID 83709

1387 S. VINNELL WAY

BLM ID STATE OFC HR&ADMN (ID953)

0004276360 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/20/2022 1000 MD

05/26/2022

2083733910Patricia Fort (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L2622R0005

5. SOLICITATION NUMBER

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

1 57 0040572651OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BOISE ID 83705-5389

3948 DEVELOPMENT AVE

BLM-ID BOISE DISTRICT OFFICE*

15. DELIVER TO

BOISE ID 83709

1387 S. VINNELL WAY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

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

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 11/25/2022 Period of Performance: 09/12/2022 to 11/25/2022

00010 Level II Mowing Soda Product/Service Code: F006 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- LAND TREATMENT PRACTICES

Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Patricia Fort

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

00020 Level II Mowing TriState

Product/Service Code: F006

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- LAND TREATMENT PRACTICES

00030 Level I Mowing Bruneau

Product/Service Code: F006

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- LAND TREATMENT PRACTICES

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

57 2 of

SOLICITATION NO: 140L2622R0005

TITLE: 2022 BLM Boise District Mowing Page 3

INFORMATION TO PROSPECTIVE QUOTERS

This is a combined Synopsis/Solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Firm, fixed-price quotes are requested under Request for Quotation (RFQ) Solicitation number 140L2622R0005. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2022-06. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 115310. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $20.5 Million.

Site Visit:

(a) The clauses at 52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work, will be included in any contract awarded as a result of this solicitation. Accordingly, offerors or quoters are urged and expected to inspect the site where the work will be performed.

(b) An organized site visit has been scheduled for--

Date: Monday, June 6, 2022 Time: 09:00 am (MDT) Meeting Place: Meet in the large parking area at the Chevron Gas station at the junction of Highway 95 and Highway 55 two miles west of Marsing, Idaho

Point of Contact for Site Visit: Courtney Wyatt (208) 384-3467

Due Date: Monday, June 20, 2022, at 10:00 MDT. Quotes will be accepted via Email at pfort@blm.gov .

Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov

In accordance with this Solicitation Section 4 - Solicitation Provisions

See FAR 52.212-2 Evaluation - Commercial Items

The overall proposal shall consist of a completed Standard Form 1449, completed Bid Schedule, and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of work.

To expedite the handling of your quotation, please check the following items:

❏ Is the unit price legible?

❏ Is the extended price correct?

❏ Have you initialed any changes or erasures?

NOTE: SUBMIT ONLY REQUESTED ITEMS ABOVE, NOT THE ENTIRE SOLICITATION

mailto:pfort@blm.gov https://www.sam.gov/

TITLE: 2022 BLM Boise District Mowing Page 4

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 12

Section 3: List of Documents, Exhibits, and Other Attachments 27

Section 4: Solicitation Provisions 40

TITLE: 2022 BLM Boise District Mowing Page 5

SECTION 1: BID SCHEDULE

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

2022 Boise District BLM - Mowing

ITEM

NO.

DESCRIPTION ESTIMATED

QUANTITY

UNIT UNIT COST TOTAL COST

1 Level II - Mowing 1,161 Acre $ $ 2 Level II - Mowing 1,823 Acre $ $ 3 Level I - Mowing 624 Acre $ $

TOTAL $____________

Note: This Solicitation is “All or None”

TITLE: 2022 BLM Boise District Mowing Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

2022 Boise District BLM - Mowing

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

2. Background:

The Soda Fuel Breaks Project is located in Owyhee County south of Marsing and Murphy, ID along the Owyhee front and several roads in and around Reynolds, Idaho. The majority of the project is BLM administered lands with small sections of State of Idaho and Bureau of Reclamation.

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

Slope: Typical mowing areas generally will consist of slopes less than 15%.

Rock: Some rock may be present.

Vegetation: The project area vegetation is typical of the Great Basin and consists of sagebrush and perennial grass.

The Bruneau Fuel Breaks and Tri-State Fuel Breaks projects are located in Owyhee County south of Bruneau, ID along Hwy 51 and adjacent roadways extending most of the way to Duck Valley. The majority of the project is BLM administered lands with small sections of State of Idaho lands.

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

Slope: Typical mowing areas generally will consist of slopes less than 15%.

Rock: Some rock may be present.

Vegetation: The project area vegetation is typical of the Great Basin and consists of sagebrush and perennial grass.

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

In addition to benefitting fire suppression efforts, the purpose of the Bruneau Fuel Breaks mow is to maintain previously mowed fuel breaks (2018) and Tri-State Fuel Breaks is the first entry mow of Phase

1. The Tri-State Fuel Break project is a collaborative effort between Nevada, Oregon, and Idaho to connect a network of fuel breaks along existing road systems in Northern Nevada, Southeast Oregon, and Southwest Idaho in efforts to preserve intact sage-steppe ecosystems.

TITLE: 2022 BLM Boise District Mowing Page 7

4. Scope of Work: The performance period will tentatively commence the second week of September.

Period of performance is (80) calendar days.

Brush mowing shall be accomplished by a wheeled tractor with a powered mowing device. Brush fields as specified on each task order shall be mowed and or slashed to within six inches from the ground.

Surface rock and uneven terrain may reduce tractor speeds and cause mechanical problems. Routine periodic maintenance of equipment may reduce the daily hours of operation. Tractors and mowers working on the project should produce roughly 45 acres per each day.

Government-Furnished Property and Service: The BLM will supply one georeferenced map depicting the project area and provide a GIS shape file of the roads so that the Contractor will have the boundaries (outside perimeter, avoidance areas. etc.) necessary for the work executed under the contract.

5. Location: Work under contract is located in Owyhee County, State of Idaho, as shown on the vicinity map. The Soda treatment area is between Marsing and Murphy along the base of the Owyhee Mountains with Reynolds near the southern end of the project area. The Bruneau and Tri-State treatments are located south of Bruneau, ID along Hwy 51, Wickahoney Rd, and Blackstone Rd.

6. Project Boundary Marker: The edge of the mow boundary off the road will not be flagged but the beginning and ending points of the mow areas will be flagged.

The Contractor, their employees and equipment operators are required to protect evidence of the Public Land Survey System (PLSS) and related Federal property boundaries in accordance with federal law (18 U.S.C. § 1858). Boundary evidence includes, but is not limited to, General Land Office and Bureau of Land Management Cadastral survey corners, artificial and natural boundary monuments, witness corners, reference monuments, benchmarks, bearing trees and witness stones. Prior to commencing any ground disturbing activities, evidence of the PLSS and other survey corner monuments will be marked for protection. In the event of disturbance or destruction of Federal boundary evidence, the responsible party shall immediately report the incident, in writing, to the authorized official, and actual cost for rehabilitation or reestablishment will be deducted from payment due the Contractor or responsible party.

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

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

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

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

TITLE: 2022 BLM Boise District Mowing Page 8

9. Personnel/Equipment Requirements: The Contractor must always maintain an adequate work force to ensure timely completion of the work and is responsible for the crew knowing the requirements of the contract. The crew is also responsible for maintaining a safe working environment following OSHA standards.

The Contractor will furnish all tools, labor, supervision, equipment, materials, supplies, transportation, training, and incidentals necessary to accomplish the task in accordance with the specifications provided within the designated performance time. The Contractor shall service and maintain such equipment as necessary to maintain satisfactory progress on the work.

Tractors: The Contractor shall furnish the necessary tractors with adequate drawbar horsepower, traction, and weight to accomplish the mowing requirement within the time limits and plowing requirements specified by the government. The tractors shall be of the following type: Four wheel drive, RUBBER TIRE tractor with a MINIMUM HORSEPOWER OF 90 rated at power take-off unit. Rollover protection structures are required on equipment regardless of age, as defined in CFR1920-1000-1002.

Operators skilled in the operation of the furnished tractor(s) shall also be supplied by the Contractor.

Tractor(s) shall be furnished and maintained in good mechanical conditions throughout the term of the contract. The Contractor shall furnish all required fuel, oil, and lubricants for operation of all contractor furnished equipment (tractors, mowers, transports).

Mowers: The mowers shall be the following type:) Pull behind rotary style cutter CAPABLE OF CUTTING A MINIMUM SWATH OF FIFTEEN (15) FEET. Mowers must be capable of traversing terrain and cutting vegetation to a height of approximately 6 inches for brush.

Motor Vehicles, Trailers, Low-boys: The Contractor shall furnish motor vehicles for hauling equipment and personnel to the worksite. The Contractor shall not load tractor(s) or mower(s) on public highways unless authorized by the Contracting Officer.

Mobilization: Includes all preparatory work and operations, including those necessary to the movement of personnel, equipment, supplies and incidentals to the project site; and for other work and operations which must be performed or cost incurred prior to beginning work on the various items on the project site.

All costs associated with mobilization will be incorporated into the cost per acre to be mowed.

Contractors Representative: One Contractor Representatives (foremen) must be designated by the Contractor. A Contractor Representative must be on-site directing work at all times. This person must be fluent in English and will also serve as an on the ground contact person for the COR/PI. Failure to maintain a Contractor Representative will result in suspension of work until an acceptable on-the-ground Contractor Representative is provided. A maximum of five (5) days will be allowed to produce a qualified Contractor Representative. Failure to do so within five days may result in the Contracting Officer (CO) issuing a Suspend Work Order. CO and COR must be informed of any changes of Contractor Representative.

11. Detailed Unit Information: Work under contract is located in Owyhee County, State of Idaho, as shown on vicinity map. The Soda Fuel Break project starts at the Oregon border near Marsing, Idaho and will follow BLM roads south and east toward Highway 95. It will then stay south and east on the Sommer Camp Road, connect to the BLM Hardtrigger Rd, and end near Reynolds, Idaho. Rabbit Creek Rd, between Reynolds and Murphy, along with Kane Springs, Black Mountain, and Whiskey Hill OHV roads are included. Cow creek road from the Oregon border to the south and east, ending near the trout springs road intersection is also included in this solicitation(see map). Mowing will be performed 200-feet on both sides of the road unless otherwise marked.

TITLE: 2022 BLM Boise District Mowing Page 9

The Bruneau Fuel Breaks project is only 50-feet of mowing on both sides of the road unless marked for avoidance. Work is along Blackstone Rd, Wickahoney Rd, and Hwy 51. This is a maintenance mow in areas that were previously mowed in 2018.

The Tri-State Fuel Breaks project is approved for 200-feet of mowing on both sides of the road. This is the first entry of mowing along Wickahoney Rd and Hwy 51 and does include the same routes as the Bruneau Fuel Breaks treatment but would be extending some of the Bruneau mow lines from 50-feet out to 200-feet. The Tri-State does not include any of Blackstone Rd and does include more of Hwy 51 north of Wickahoney Rd, and south of Blackstone Rd.

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

13. Specifications for Treatment

Soda Mowing - Item 1 - Level II - Density of material to be treated is estimated to be between 30% and 60% total cover. 1,161 acres

Tri-State Mowing - Item 2 - Level II - Density of material to be treated is estimated to be between 30% and 60% total cover. 1,823 acres.

(a) Mowing shall be performed in a linear fashion along roadways creating a 400-foot buffer, 200-feet on both sides from the edge of the road. Mowing may include some mosaic areas of non-mowed areas due to avoidance sites, rock out crops or ravines.

Bruneau Mowing - Item 3 - Level I – Unit density of material to be treated is estimated to be from 0- 30% total cover. 624 acres

(a) Mowing shall be performed in a linear fashion along roadways creating a 100-foot buffer, 50-feet on both sides from the edge of the road. Mowing may include some mosaic areas of non-mowed areas due to avoidance sites, rock out crops or ravines.

Specifications common to Soda, Bruneau, and Tri-State:

(a) Mowing shall be performed on both sides of the roadway. Mowing only one side of a road may occur where only one side meets the mowing criteria or if there is a restriction, or steep slopes.

(b) Timing: Mowing will be conducted late in the fall in an effort to reduce the risk of starting a wildfire.

(c) Surface Conditions: Equipment shall not be operated when the soil is wet and the equipment causes a three inch or greater rut. If such conditions are encountered, the Contractor shall stop work and notify the Contracting Officer Representative.

(d) Height of Mowing: The height of mowing shall be six inches, measured from the original ground surface.

TITLE: 2022 BLM Boise District Mowing Page 10

(e) Work Hours: Mowing operations shall be permitted during daylight hours unless additional working hours are authorized by the Contracting Officer.

14. Special Provisions:

Fire Prevention/Suppression: Contractor shall ensure all equipment diesel and/or gas engines are equipped with an approved spark arrester. Spark arresters shall meet the requirements of the U.S. Forest Service Spark Arrester Guide, dated May 1985. Have one shovel and a minimum of one 10-pound ABC fire extinguisher for each tractor. Shovel and fire extinguisher must be accessible to operator.

The contractor shall:

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

(b) Take every reasonable precaution not to pollute or obstruct any stream (including dry streams), lake or reservoir on or near the project area in connection with any operations under this contract.

If contractor’s operations cause pollution or obstruction of any stream, lake or reservoir on or near the designated mowing area, contractor shall notify the authorized officer immediately, and will correct the condition to the satisfaction of the BLM.

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

INSPECTION, ACCEPTANCE, AND MEETINGS

Pre-work Conference:

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

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

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

Progress Inspections/Meetings:

1. The Government COR and/or PI will make periodic visual inspections. Inspection will consist of documentation of the treated areas. Documentation will be based upon compliance with the specifications listed above (item #13).

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

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

TITLE: 2022 BLM Boise District Mowing Page 11

Final Inspection/Acceptance:

Acceptance: Acceptance will be based upon 95% compliance with the specifications listed above. Inspection will consist of a minimum of one (1) spot check per mile with a tape measure from the side of the road.

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

PERFORMANCE PERIOD: 80 days Approximately 25 days for Soda Approximately 14 days for Bruneau Approximately 41 days for Tri-State

THE ESTIMATED DATES FOR THIS PROJECT ARE:

Start Date: September 12, 2022 (subject to change depending on severity of fire danger) End Date: November 25, 2022

SITE VISIT

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

An organized site visit will occur on Monday, June 6th, 2022. Participants will meet at 09:00 AM in the large parking area at the Chevron Gas station at the junction of Highway 95 and Highway 55 two miles west of Marsing, Idaho.

TITLE: 2022 BLM Boise District Mowing Page 12

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#

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020)

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) 52.232-18 Availability of Funds (April 1984) 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 (May 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.] https://www.acquisition.gov/browse/index/far#

TITLE: 2022 BLM Boise District Mowing Page 13

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (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 (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).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022) (E.O.13126).

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.

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XX (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (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.

XX (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

XX (35) (i) 52.222-50, Combating Trafficking in Persons (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).

XX (36) 52.222-54, Employment Eligibility Verification (MAY 2022) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (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).

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__ (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 14026 (JAN 2022).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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.

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(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 (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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).

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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.

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

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

L.115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or…