Sol_140L2625Q0006.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&ADM SVC (ID953)

0011276378 CODE 16. ADMINISTERED BYCODE

X

X

X

561730

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDA

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

02/07/2025 1200 MS

01/16/2025

2083733911Thomas Parsons (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L2625Q0006

5. SOLICITATION NUMBER

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

1 44 0044005776OFFEROR 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

$9.5

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

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

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Delivery: 03/31/2026 Period of Performance: 04/01/2025 to 03/31/2026

00010 BDO Complex landscape services Product/Service Code: S208 Product/Service Description: HOUSEKEEPING-

LANDSCAPING/GROUNDSKEEPING

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Thomas Parsons

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

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: REFERENCE

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. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

44 2 of

SOLICITATION NO: 140L2625Q0006

TITLE: BOISE DISTRICT OFFICE LANDSCAPE SERVICE 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 140L2625Q0006. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2024-05 This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 561730. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $9.0 Million.

Site Visit: will be held

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

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

Date: January 27, 2025 Time: 1:00 P.M Meeting Place: Boise District Office

3948 South Development Ave Boise, ID 83705-5339

Point of Contact for Site Visit: Matthew Pawlak

Questions Due Date: January 31, 2025, by 12:00 MST

Due Date: February 7, 2025, by 12:00 MST. 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. NOTE: Submit only the requested items above, not the entire Solicitation.

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?

https://www.sam.gov/

TITLE: BOISE DISTRICT OFFICE LANDSCAPE SERVICE Page 4

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 13

Section 3: List of Documents, Exhibits, and Other Attachments 22

Section 4: Solicitation Provisions 28

TITLE: BOISE DISTRICT OFFICE LANDSCAPE SERVICE Page 5

SECTION 1: BID SCHEDULE

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

Delivery: 60 Day ARO

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

All questions need to be emailed to the CO.

Note: This Solicitation is “All or None”

TITLE: BOISE DISTRICT OFFICE LANDSCAPE SERVICE Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

2025 BOISE DISTRICT OFFICE COMPLEX LANDSCAPE MAINTENANCE

1. INTRODUCTION

The Contractor shall provide any and all labor, equipment, materials, supplies, services, permits, and licenses necessary to perform General Landscaping and Plant Care at the Bureau of Land Management Boise District Office Complex located at 3948 S. Development Ave. Boise ID, 83705. Current map of the administrative site as well as compound layout are included.

2. PERFORMANCE WORK STATEMENT

The contractor is expected to maintain landscaping throughout the lawns, grasses, rock/bark beds, xeri-scaping, and parking lots of the Boise District Office Complex. Duties will include mowing, edging, trimming, aeration, the application of fertilizers and weed control chemicals, irrigation maintenance, pruning, weeding and other landscape related items.

The contractor shall be responsible to provide and maintain an attractive, well maintained, and professional landscape appearance around the Boise District Office Complex.

The effective period of work shall be April 01, 2025, through March 31, 2028. These dates are with the option years.

3. APPLICABLE DOCUMENTS

Drawings and layout of the Boise District Office Complex and its landscaping features are provided in the attachments.

4. REQUIREMENTS

All requirements shall meet Performance Measures found in Section 9.

Drawings of the landscaping around the Site include approximate hedges & shrubs locations. The Native Area shall not be sprayed, but will be weeded, pruned, trimmed, and will require irrigation maintenance and monitoring. Care shall be taken to pull only plants and weeds without damaging desired plantings as appointed by the COR. Contractor shall confirm any questionable plants with the COR and they will consult prior to weeding.

Runners, shoots, suckers, re-seeded plants, etc. shall be cut or pulled with-out damage to the original plants.

Green waste and other organic matter generated during this work is to be collected and recycled or disposed at the contractor’s expense into a permitted green waste processing facility. The contractor shall track the amount of waste generated from the complex and the destination of the waste. All waste records shall be accessible to the COR upon request.

The areas of work shall be cleaned on the same day as the work is done. Care shall be taken not to blow or rake landscape mulch out of place.

Contractor shall perform their own inspections and record the results in their Quality Control Plan. COR will periodically review Contractor quality records.

5. ADDITIONAL INFORMATION

Irrigation Sprinklers, Timers, and Valves are from a mix of manufacturers

Contractor shall coordinate the irrigation schedules so as not to interfere with the Contractors work hours.

TITLE: BOISE DISTRICT OFFICE LANDSCAPE SERVICE Page 7

Damaged sprinklers, utilities, or infrastructure due to Contractor actions or negligence shall be reported to the COR and repaired or replaced by the Contractor at the Contractor’s expense using approved supplies and/or materials.

The Contractor shall furnish all necessary types of power equipment, hand tools, and other pieces of equipment required to maintain service. There are no available storage facilities for Contractor owned equipment or supplies on site.

6. PERFORMANCE/QUALITY ASSURANCE SURVEILLANCE PLAN FOR LAWN MAINTENANCE

INTRODUCTION - This Performance/QASP has been developed to evaluate contractor actions while implementing the Performance Work Statement. It is designed to provide an effective surveillance method of monitoring contractor performance for each listed Performance Objectives on the QASP in the maintenance contract. It also provides a systematic method to evaluate the services the contractor is required to furnish. The contractor, and not the government, is responsible for management and quality control actions to meet the terms of the contract. The role of the government is quality surveillance to ensure contract standards are achieved.

In this contract, the Quality Control Program is the driver for service quality. The contractor is required to develop a comprehensive program of inspection(s) and monitoring actions. The first major step to ensuring a “self-correcting” contract is to ensure that the Quality Control Program approved at the beginning of the contract provides the measures needed to lead the contractor to success.

Once the Quality Control Program is approved, careful application of the process and standards presented in this document will ensure a robust Quality Assurance Program.

7. QUALITY ASSURANCE/SURVEILLANCE

The COR will periodically evaluate the contractor’s performance in accordance with the Performance/QASP and receive complaints from customers/employees and pass them to the Contractor for compliance and/or correction.

8. QUALITY CONTROL PLAN - CONTRACTOR

The Contractor shall establish a Quality Control Program to ensure the requirements of the contract are met. It shall be submitted to the Contracting Officer (CO). Any amendments shall be submitted to the CO for approval at least ten days prior to their proposed implementation. The Quality Control Plan shall, at a minimum, include:

a) An internal inspection system covering all the services performed including a checklist that will specify areas to be inspected by Contractor personnel on both a scheduled or unscheduled basis and the title of the individual(s) who will do the inspection.

b) A method for identifying deficiencies in the quality of services performed and for proposing any corrective action to be taken.

c) A method for ensuring any Security ID Card(s) issued to the Contractor by the Government are not lost, misplaced, or used by unauthorized persons.

d) A file of all inspections conducted by the Contractor and any corrective actions taken. This documentation shall be made available to the CO or COR for review upon request.

TITLE: BOISE DISTRICT OFFICE LANDSCAPE SERVICE Page 8

9. PERFORMANCE MEASURES

Performance Objective Quality Standards Acceptable Quality

Level

Means of Measurement

(all Items)

Disincentive Failure to Perform to

Standards (All Items)

Maintain weed and litter free landscaping per Schedule of Items

Weeds and litter removed from designated landscaping

Weeding/litter essentially 95% or more of the total work has been completed

Random Contractor and COR inspection

Rework at no cost to the Government.

(Rework must be completed within 24 hours of non-compliance notification per next business day)

Maintain turf lawn per Schedule of

Items

Mow, trim, and edge all turf grass

Turf areas are tidy and essentially 95% free of dryness or browning

Random Contractor and COR inspection

Rework at no cost to the Government.

(Rework must be completed within 24 hours of non-compliance notification per next business day)

Maintain fescue grasses per

Schedule of Items

Mow, trim, and edge all fescue grass fescue grass areas are mowed on the highest possible setting and essentially 95% free of dryness or browning

Random Contractor and COR inspection

Rework at no cost to the Government.

(Rework must be completed within 24 hours of non-compliance notification per next business day)

Maintain existing sprinkler system per Schedule of

Items

Sprinklers function in all zones and timers are set to ensure plant water needs are met while also conserving water to the best of the contractor's abilities

Trees, plants, and grasses are essentially 95% free of dryness or browning while the soil and surrounding areas do not show evidence of over watering

Random Contractor and COR inspection

Rework at no cost to the Government.

(Rework must be completed within 24 hours of non-compliance notification per next business day)

Apply chemicals for fertilizers, pest control and weed control per Schedule of Items

Chemicals are applied consistent to manufacturer recommendations and formulated for the application and time of year.

Chemicals are applied consistent to manufacturer recommendations with minimal waste

Random Contractor and COR inspection

Rework at no cost to the Government.

(Rework must be completed within 24 hours of non-compliance notification per next business day)

TITLE: BOISE DISTRICT OFFICE LANDSCAPE SERVICE Page 9

Prune and maintain trees and plants per the Schedule of Items

Trees and plants are kept healthy and neat living trees and plants are trimmed to the industry standard while dead trees and plants are replaced with similar nursery stock

Random Contractor and COR inspection

Rework at no cost to the Government.

(Rework must be completed within 24 hours of non-compliance notification per next business day)

10. LANDSCAPE PRESERVATION

The Contractor shall give attention to the effect of contract operation upon the landscape, shall take care to maintain the Native Area in its natural and undamaged state, and shall conduct the work at all times in compliance with the following requirements.

(a) Prevention of the Landscape Defacement. The Contractor shall not remove, deface, injure, or destroy the Native Area, trees, shrubs, lawns, or other natural features or any other improvements in the work area unless specifically authorized by the Contracting Officer. Unless otherwise provided herein, the Contractor shall confine contract operations to within the areas designated in contract documents.

11. ACCESS

All contractors and his or her employees will be required to pass both the Personnel Investigations Processing System (PIPS) and Central Verification System (CVS) background checks and obtain an access badge prior to being granted unsupervised access to secure areas of this site. The PIPS/CVS background checks are initiated by the Bureau of Land Management after the award of the contract but scheduled through the National Background Investigations Bureau (which is a sperate entity from the Bureau of Land Management) and may require multiple weeks for processing. The government may grant supervised access to the contractor and his or her employees to the secure locations while the contractor and his or her employees are going through the PIPS/CVS background check process. Any supervised access will be at the discretion and schedule of the government. The contractor is responsible for ensuring enough staff pass the PIPS/CVS background checks to adequately service the contract.

The Contractor shall establish and implement methods of ensuring that all badge(s) issued by the Government are kept secure in the Contractor’s possession and are not used by unauthorized persons. Only the Contractor’s employees are allowed at the job site, and they are prohibited from opening locked areas or restricted areas to permit entrance of persons other than Contractor’s employees engaged in the performance of assigned work in those areas.

Protect your access badge(s) against loss, theft, or misuse by not displaying your badge outside of the Boise District Office Complex facilities. The badge(s) should be removed or obscured from visual access. Do not leave the badge in your unlocked vehicle or laying in open view. Employees should also should always secure their badges.

12. EQUIPMENT REQUIREMENTS AND TRANSPORTATION

All equipment proposed to be used for performance of the work shall be of the size, type, number and in such condition to properly pursue the requirements of this contract. Equipment must be capable of all operations necessary to meet the requirements of this contract and work as shown in the Schedule of Items.

The Contractor's proposed equipment shall be made available for inspection prior to award of the contract and mobilization to site location. If at any time during the course of this contract the equipment is deemed unsatisfactory, the COR may order removal and may require a satisfactory replacement, at Contractor's expense.

TITLE: BOISE DISTRICT OFFICE LANDSCAPE SERVICE Page 10

13. FINAL CLEANUP

Before final acceptance, all areas occupied by the Contractor in connection with the work shall be cleaned of all contractor’s rubbish, excess materials, temporary structures, and equipment, and all parts of the work area shall be left in a neat and presentable condition.

14. DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer designates the COR. The COR is responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The COR should be informed as soon as possible of any actions or inactions by the Contractor or the Government, which will change the required delivery or completion times stated in the contract, and the contract will be modified accordingly. (This does not apply to individual task assignments which were issued by the COR provided they do not affect the delivery schedule or performance period stated in the contract.)

On all matters that pertain to the contract terms, the Contractor must communicate with the CO. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the Contractor should so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the CO should be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage could result in nonpayment or necessitate submittal of a contract claim.

15. GOVERNMENT NOT LIABLE FOR ACCIDENTS AND EXPOSURES

The Government will not accept any liability for accidents and exposures resulting from work under this contract, except in cases in which it is shown that there was a direct action of the Government or its employees which caused the accident or exposure. Otherwise, the Contractor retains responsibility for accidents and exposures that occur during work under this contract

16. SAFETY

At the Post Award Conference, the Contractor shall present a Safety Plan that addresses the hazards associated with operating powered equipment and addressing bid items found in the Schedule of Items.

17. PERSONAL PROTECTIVE EQUIPMENT

1. The contractor will train all employees in the safe operation and use of equipment that is to be used in the performance of this contract.

2. Personal protective equipment, including personal protective equipment for eyes, face, head, and extremities shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards or processes encountered in a manner capable of causing injury or impairment in the function of any part of the body.

3. Defective or damaged personal protective equipment shall not be used.

4. The contractor shall assure that each employee wears foot protection that provides adequate traction, ankle support, and enclosed toe area.

TITLE: BOISE DISTRICT OFFICE LANDSCAPE SERVICE Page 11

5. The contractor shall provide, at no cost to the employee, and assure that each employee who works in an area where there is potential for head injury from falling objects or flying objects wears a hard hat that meets the minimum requirements of American National Standards Institute (ANSI) standard Z89.1-1997.

6. The contractor shall provide, at no cost to the employee, eye protection where there is potential for eye injury due to flying objects. This eye protection must meet the minimum requirements of ANSI standard Z87.1-2003.

7. The contractor shall provide, at no cost to the employee, hearing protection where there is a potential for hearing loss due to high intensity noise e.g., leaf blower.

18. BASIC FIRST AID

1. Basic first aid supplies shall be maintained, available and under the charge of the person using motorized equipment. The supplies shall include supplies that are commonly found in a standard First Aid Kit, such as the type found for camping use or carried in motor vehicles.

TITLE: BOISE DISTRICT OFFICE LANDSCAPE SERVICE Page 12

See Section J for additional attachments to include project specifications and drawings.

TITLE: BOISE DISTRICT OFFICE LANDSCAPE SERVICE Page 13

SECTION 2 - CONTRACT CLAUSES

1. 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far#

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Nov 2023) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) 52.223-2 Reporting of Biobased Products under Service and Construction Contracts (May 2024) 52.223-3 Hazardous Material Identification and Material Safety Data (Alt I) (Jul 1995) 52.226-7 Drug-Free Workplace (May 2024) 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 (Mar 2023) 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 2024)

(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 (DEC 2023) (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) 52.232-40 , Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.] __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

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

TITLE: BOISE DISTRICT OFFICE LANDSCAPE SERVICE Page 14

(JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community— see FAR 3.900(a) XX (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328) __ (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

__ (11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L.

115– 390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204–30.

__ (12) 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).

__ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2021) (15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] XX (18) (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.

__ (19) (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.

__ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (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 2023) of 52.219-9.

__ (22) (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.

__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

XX (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

__ (27) 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 (OCT 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

XX (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

XX (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (34) (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 (36) (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.

__ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

XX (39) (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).

__ (41) (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.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(MAY 2024) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(MAY 2024) (E.O. 13693).

__ (44) 52.223-20, Aerosols (MAY 2024) (E.O. 13693).

__ (45) 52.223-21, Foams (MAY 2024) (E.O. 13693).

__ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (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).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (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 [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (FEB 2024) of 52.225-3.

__ (v) Alternate IV (OCT 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) (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. Subtitle A, Part V, Subpart G Note).

__ (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) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 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. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021)

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(41 U.S.C. 4505, 10 U.S.C. 3805).

XX (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (64) (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.

(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-

TITLE: BOISE DISTRICT OFFICE LANDSCAPE SERVICE Page 17

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.

L. 117-328)

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (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.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

(xiv) 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.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi) (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).

(xvii) 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).

(xviii) 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).

(xiv) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

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

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

(xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

(xxiv) 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.

(xxv) 52.232-40 , Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 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.

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3. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). Covered foreign country means The People’s Republic of China. Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from

TITLE: BOISE DISTRICT OFFICE LANDSCAPE SERVICE Page 19 procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

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

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

L.115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or 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 as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.

For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable;…