Sol_140L2625Q0008.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)

0011276376 CODE 16. ADMINISTERED BYCODE

X

X

X

541990

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

01/23/2025

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

140L2625Q0008

5. SOLICITATION NUMBER

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

1 48 0044006662OFFEROR 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

$19.5

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: 03/31/2030 Period of Performance: 04/01/2025 to 03/31/2030

00010 BPA Wildfire Noxious Weed Trt Product/Service Code: F105 Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

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

48 2 of

SOLICITATION NO: 140L2625Q0008

TITLE: BOISE DISTRICT BLM WILDFIRE NOXIOUS WEED TREATMENT

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 140L2625Q0008. 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 541990. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $19.5 Million.

No Site Visit will be held

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/

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 15

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

Section 4: Solicitation Provisions 32

SECTION 1: BID SCHEDULE

BDO BLM Wildfire Noxious Weed Treatment Blank Purchase Agreement

BID ITEMS*

Item No.

Item description (Rangeland Herbicide Treatments)

Quantity Unit of Measure

Base Year Unit Price

Option Year 1

Option Year 2

Option Year 3

Option Year 4

Spot or Broadcast Treatment (vehicle or backpack sprayer)

1 Hour

Broadcast Treatment (vehicle sprayer less than 50-foot spray width)

1 Hour

Broadcast Treatment (vehicle sprayer greater or equal to 50-foot spray width)

1 Hour

Spot Treatment non-motorized (Pack Animal)

1 Hour

*See General Description of Treatments for definitions on each line item in Statement of Work (SOW)

PERFORMANCE PERIOD: April 1, 2025, through March 31, 2030 (or from date of award for a period of 5 years, whichever is later), options fully exercised. Performance periods for tasks orders will be specifically designated in the individual task orders.

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 “More than one (1) award may be made from this Solicitation”

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

BDO BLM Wildfire Noxious Weed Treatment Blank Purchase Agreement

This is a Blanket Purchase Agreement (BPA) for noxious weed inventory and herbicide application services with the Bureau of Land Management, Boise District office area of responsibility in Southwest Idaho on the Paddock and Lava wildfires, and potential other wildfires in the future. The BPA contract contains a one-year Base plus four (4) additional one-year options. This will be awarded to multiple contractors with varying degrees of capacity and equipment. Each item will be awarded on an individual basis, potential contractors should only provide price options on items they are capable of carrying out.

PART 1 – GENERAL

The Boise District Bureau of Land Management (hereafter referred to as the Government) requires inventory and herbicide application services to treat noxious and invasive weed species (Table 1) on rangeland sites within the Boise District on the Paddock and Lava fires which burned in 2024 (see attached maps). Additional noxious and invasive weeds may be encountered during inventories. Additional fires may be added to Task Orders in future years. The Government is seeking to fill Blank Purchase Agreement (BPA) Contracts with one or more contractors to fulfill several different inventory and herbicide application configurations to meet the differing site conditions and access within the areas burned in the fires.

Description of Work – Contractor shall furnish all personnel, supervision, labor, equipment, materials, travel, and any other direct incidental costs to inventory and treat noxious weed species with herbicide on Bureau of Land Management (BLM) rangelands with BLM-approved, government-furnished herbicides and adjuvants (Table 2) as specified in the individual task orders. Treatment areas may be located on terrain ranging from flat to steep slopes in areas that may or may not be accessible by motorized vehicles and equipment.

Targeted species (Table 1) identified in the task orders will be inventoried and treated with herbicide at the appropriate biological treatment window to ensure successful control. Work may involve coverage of broad project areas, seeking out both individual plants and large patches of targeted noxious or invasive weeds for herbicide treatments.

All contract applicators shall possess a valid Idaho State Professional Applicators license with minimum category ratings of AH (Agricultural Herbicide) and RW (Right-of-Way Herbicide) and carry certification of Professional Applicators Insurance for all company personnel while working on this contract.

Some areas are located in remote locations and may require multiple days for treatment. Camping or lodging in remote areas may be necessary to maximize time on worksite and reduce amount of travel time. Hourly rate will stop when contractor arrives at camp site and will begin again when leaving for worksite in morning. Lodging rate (staying in remote towns near project site) will be equivalent to government rate with lodging at $110 per person per night and per diem rate at $68 per day. Camp rate (camping near project site) will be equivalent to government standard per diem rate at $50 per person per day. When camping all regulations for camping on BLM-managed land shall be followed.

General Description of Treatments Items 1-4 treatment costs shall include time spent traveling to and from site, and work on site completing inventory/treatment of noxious and invasive weeds. Rate shall include equipment and personnel costs. Time starts when contractor leaves home/business/lodging site.

Item 1: SPOT OR BROADCAST TREATMENT (VEHICLE or Backpack Sprayer: For weed infestations occurring as discontiguous patches (less than 0.1 acre up to 5.0 acres) within larger areas typically on terrain accessible by vehicles for support. Treatment methods include off-highway vehicles (OHV) with hose and handgun and/or broadcast sprayers (boom or boomless), or backpack sprayers in terrain beyond the limits of vehicles.

Item 2: BROADCAST TREATMENT (Vehicle sprayer less than 50-foot spray (swath) width): For weed infestations occurring as large patches or contiguous treatment areas. Treatment areas may have road access or may require off road access, as defined below in Part 2. Herbicide application equipment would include four-wheel drive vehicles with spray tanks and boom-sprayers.

Item 3: BROADCAST TREATMENT (Vehicle sprayer greater than or equal to 50-foot spray (swath) width):

For weed infestations occurring as large patches or contiguous treatment areas. Treatment areas may have road access or may require off road access, as defined below in Part 2. Herbicide application equipment would include four-wheel drive vehicles with spray tanks and boom-sprayers.

Item 4: SPOT TREATMENT NON-MOTORIZED (Pack Animal): For weed infestations occurring as small patches or individual plants that cover large areas not accessible by vehicles (wilderness, terrain limitation).

Vehicle support will be limited to Wilderness area boundary or terrain limited. Treatment methods include pack animal mounted sprayer, with spray tanks, hose and handgun.

PART 2 - LOCATON OF WORK

The location of the work sites shall be confined to lands within the boundaries of the Boise District (see Attachment 1 Boise District Map).

Sites are located within the following Counties:

Treatment Area 1 – Four Rivers Field Office: Adams, Gem, Payette, Washington

Access Road Access: For this contract road access is defined as improved and unimproved roads passable with high clearance 4-wheel drive vehicle.

Off Road Access: For this contract off road access is defined as travel over rough, uneven terrain with OHV vehicles or other means to access sites. The vehicle utilized in these areas will not create ruts and channels.

Non-Motorized Access: For this contract non-motorized access is defined as (1) not passable with motorized vehicles due to Wilderness designation, (2) not passable with motorized vehicles due to terrain constraints.

PART 3 – MATERIALS

Contractor-Furnished Materials Contractor shall provide all personal protective equipment (PPE), herbicide application equipment, personnel, supplies and materials needed to perform the work identified in these specifications. All tools and equipment must be in good working order without leaks or malfunctions.

The Contractor shall carry pesticide spill kit(s) to contain, control, and clean up spills immediately. Spill kit size would be appropriate to volume of herbicide being transported.

A first-aid kit with portable eyewash shall be required at each work site.

All applicators shall hold a current Idaho Professional Pesticide Applicator License with minimum category ratings of AH Agricultural Herbicide and RW Right-of-Way Herbicide. All applicators shall follow all guidelines as described in IDAPA 02.03.03.250.01 (Idaho Pesticide Licensing Guide), and all application of herbicides shall be made in accordance with Federal, State, and local requirements.

All Professional Applicator Licensees will be required to provide proof of financial responsibility prior to award for this contract, and will be required to carry proof of financial responsibility whenever working on this contract.

This may be accomplished by providing the BLM with form (IDAPA 02.03.03.250.01.A) The Idaho Professional Applicator Certificate of Insurance. https://agri.idaho.gov/wp-content/uploads/ag-resources/Documents/App_Lic_docs/Ins-cert.pdf A company’s manager may indicate that the company insurance policy covers all employees.

The minimum amount of coverage required as proof of financial responsibility is coverage of $50,000 bodily injury liability per person and $100,000 per occurrence and property damage coverage of $50,000 per occurrence.

Government-Furnished Materials The government will furnish all herbicides and adjuvants needed for each task order. The government will furnish all Labels and Safety Data Sheets (SDS) for each herbicide and adjuvant supplied. Any unused products will be returned to government at the completion of project.

PART 4 - METHOD OF APPLICATION

The Contractor shall contact the authorized BLM Contractor Officer Representative (COR) or Project Inspector (PI) 72 hours prior to implementing any work specified in each task order. The COR or PI shall be present at the prescribed work sites to direct and inspect the Contractor unless a written or verbal agreement to inspect the site after treatment is arranged between the COR and the Contractor.

Personal protective equipment (PPE) as specified on the pesticide label shall be worn by Contractor and all personnel in accordance with the herbicide manufacturer’s instructions.

All herbicides shall be applied in accordance with EPA standards as specified on the pesticide label, all Idaho State laws and regulations, and all Federal laws and regulations.

Tools and equipment used for the application of herbicides shall be at the discretion of the Contractor (e.g.

pickup, tractor or OHV with booms or handguns, or backpack sprayers) unless otherwise specified by the Government.

Backpack sprayers or Pack Animal spraying shall be used in areas not accessible by ground vehicles or in designated non-motorized areas.

Applications using a vehicle-mounted boom sprayer or handgun sprayer may only be used in areas readily accessible by vehicle. Booms are used to treat contiguous weed infestation areas (e.g. along rights-of-way, open rangeland) while handguns are used for spots treatments.

Contractor shall dispose of empty herbicide and adjuvant containers in accordance with the label and all Federal, State, and local regulations.

Due to the lack of water at many treatment sites, the Contractor may need to supply their own source of water or drive long distances to acquire water for spray applications. Travel for water resupply will be considered part of treatment unit price and will not be part of mileage rate to the area.

Extended travel (continuous overnight stays) may be proposed by the Contractor at the task order level and calculated into camp rate costs by the Contractor.

https://agri.idaho.gov/wp-content/uploads/ag-resources/Documents/App_Lic_docs/Ins-cert.pdf https://agri.idaho.gov/wp-content/uploads/ag-resources/Documents/App_Lic_docs/Ins-cert.pdf

PART 5 - DELIVERABLES

Contractor shall calibrate herbicide application equipment prior to project initiation and document on pesticide application record.

Contractor shall complete a Pesticide Application Record (PAR) for each completed treatment within 24 hours of herbicide application. Contractor shall submit to the Government all PARs either upon completion of each treatment area or upon request of the authorized BLM Contractor Officer Representative (COR). The PAR shall adhere to Idaho State Department of Agriculture record keeping requirements (https://agri.idaho.gov/wp-content/uploads/ISDAGuidance/Pesticide-Recordkeeping.pdf). All outstanding PARs must be submitted prior to invoicing for payment.

Maps of inventory areas, Global Positioning System (GPS) points, and track log data shall be submitted to the Government as part of the treatment record for the site.

Contractor shall provide invoice that provides daily detail by work area, hours and bid item.

PART 6 – PROJECT MEETINGS AND INSPECTION OF WORK

Pre-work meetings: A conference will be held prior to start of task order to review work requirements, maps, and to provide government furnished materials.

Site inspections will be conducted by COR or PI during applications. If any deviations from work outlined in task order occurs, or if application is not in accordance with Pesticide Label a stop work order will be initiated.

Post Treatment Monitoring may be used by the COR or PI as an alternative for site inspection at the time of herbicide application. The Contractor may be required, as necessary, to attend the monitoring and provide additional information to the COR or PI if treatments are inadequate. If inadequate treatments are found, additional treatment at the contractor’s expense may be necessary.

All roads (public and private) damaged or opened by the Contractor shall be restored at no cost to the Government to restore them to their previous condition.

PART 7 - WEATHER RESTRICTIONS

During application, weather conditions shall be measured hourly by the contractor at the treatment site and documented on the Pesticide Application Record (PAR). More frequent measurements shall be taken whenever a weather change appears to have the potential to jeopardize safe application of herbicide on the target area.

Application of herbicides must be accomplished with wind velocities of 10 mph or less in all instances, and according to pesticide label. The Contractor shall not use vehicle-based spray equipment in sensitive areas or critical habitats occupied by special status plant or wildlife species when winds are gusty, or wind speed exceeds 5 mph.

To reduce drift and volatilization, spraying shall be prohibited when any of the following conditions exist on the spray area:

• Winds are gusty or velocity exceeds 10 MPH.

• Temperatures are above 85 degrees F.

• Rain or imminent rainfall may or will reduce the effectiveness of the chemical being applied.

• Air turbulence (thermal updrafts) is so great as to seriously affect the normal spray pattern. If applying at wind speeds less than 3 mph, the Contractor shall determine if conditions of temperature inversion exist.

https://agri.idaho.gov/wp-content/uploads/ISDAGuidance/Pesticide-Recordkeeping.pdf https://agri.idaho.gov/wp-content/uploads/ISDAGuidance/Pesticide-Recordkeeping.pdf

• No herbicide applications are permitted in areas of temperature inversion or unfavorable atmospheric conditions.

• Avoid making applications when spray particles may be carried by air currents to areas where sensitive plants are growing.

PART 8 – WILDLIFE RESTRICTIONS

Some sites may have temporary timing restrictions due to the presence of wildlife. The COR or PI may suspend work for up to two (2) hours or terminate for the remainder of the day. Contractor will be paid for suspension time. Additionally, sensitive areas may have timing restrictions that prohibit operations outside the hours of 0900

– 1800. These will be disclosed by the government during pre-work meetings.

PART 9 - MIXING AND LOADING OPERATIONS

The mixer/loader shall wear PPE specified on the herbicide label during mixing and loading operations.

Spray tanks must be thoroughly cleaned and not contain residues of other herbicides which may result in injury to non-target species. The Contractor shall follow the directions on the herbicide label as well as BLM Standard Operating Procedures (SOPs) as specified in the 2019 Noxious Weed Environmental Assessment (DOI-BLM-ID- B000-2016-0002-EA), Appendix D and sources therein.

https://eplanning.blm.gov/public_projects/nepa/59448/147243/180997/Noxious_Weed_EA_final.pdf

Herbicides shall be mixed and loaded in an area where an accidental spill cannot flow into a stream or water body or contaminate ground water. The water intake system for mixing shall have an anti-siphon system between the live water intake and the mixing tank to prevent any back flow of chemical into the water source.

Applicators shall not wash out spray tanks in or near streams or dispose of chemical containers in the contract area. Chemical containers shall be disposed of as specified on product label.

PART 10 - SPECIAL REQUIREMENTS

The contractor shall thoroughly clean all vehicles, OHVs, and other equipment to be used on the contract including undercarriages prior to beginning project work, and before moving to another worksite. Cleaning may be required during the progress of the contract if the COR suspects that a vehicle has been contaminated with weeds or weed-infested soil. All vehicles, tools, and equipment which are deemed to be potentially contaminated shall be required to be cleaned in the presence of the COR or PI.

Buffer strips (no spray areas) shall meet or exceed State-mandated standards for all herbicides applied.

A 100-foot no-spray buffer strip shall be left next to inhabited dwellings unless waived in writing by the resident.

Buffer strips in sensitive areas and critical habitats shall be designated on each site as necessary by the COR as a means to protect special status plant species, wildlife, or other ecological values. Standard buffer guidelines for terrestrial herbicides applications near riparian areas are included in Table 3 – Streamside, Wetland, and Riparian Habitat Herbicide Restrictions and accompanying schematic (see attached).

Additional buffer strips may be designated on site by the COR during operations to mitigate environmental risks of herbicide applications.

Sites to be sprayed can be very difficult to locate and their access may require foot travel. The COR will be available to assist the contractor in locating these sites and identifying hazardous conditions. Hazardous conditions include, but are not limited to heat, rattlesnakes, bees, and ticks.

https://eplanning.blm.gov/public_projects/nepa/59448/147243/180997/Noxious_Weed_EA_final.pdf

OHV use would not be allowed on erosive soils, steep slopes, or in areas with wet or muddy soil conditions.

OHVs are limited to designated crossings in riparian, wetland, and aquatic systems.

Sensitive, Endangered or Threatened Species (plant or animal) and Cultural Sites The Government may issue a suspend work order and/or partially terminate any portion of the work due to discoveries of sensitive, threatened, endangered species or archeological sites during contract operations.

If sensitive, endangered, or threatened species (plant or animal) are discovered within the treatment area the Contractor shall notified the COR immediately. Special Status Species (SSS) populations will be clearly marked in the field. Contract sprayers shall be trained to recognize these areas as no spray zones. When applying herbicides the Contractor will not treat noxious weeds within twenty-five (25) feet of SSS population if found on flat to nearly flat terrain, and 100 feet if found on steep terrain or the SSS populations is located within 100 feet down slope of the treatment area.

BLM Archaeologist may brief the spray contractors on how to recognize cultural resource sightings and to stay clear and report them to the COR.

PART 11 - SAFETY

The Contractor shall possess a copy of the EPA Pesticide Label and the SDS for each product used at the work site.

A first-aid kit with portable eyewash shall be required at each work site.

All herbicide containers shall be stored securely during transport.

When treating weed infestations during periods of high risk of wildfire, the Contractor shall carry fire extinguishers and tools necessary to suppress any small ignition. All motorized equipment should be equipped with spark arrestors.

The Contractor shall carry pesticide spill kits to contain, control, and clean up spills immediately. Spill kit size should be appropriate to volume of herbicide being transported. If a spill large enough to need use of spill control measures, the Contractor will immediately notify the COR of the site, extent of spill, timelines, etc.

PART 12 - DEFINITIONS

Noxious Weed: Any plant designated by a Federal, State or county government as injurious to public health, agriculture, recreation, wildlife or property.

Invasive Weed: A non-native plant whose introduction (or presence) causes or is likely to cause economic or environmental harm, or harm to human, animal, or plant health.

Infestation: A population of one or more of the subject noxious weeds or invasive plant species.

Infested Area: An area of land that is occupied by one or more of the subject noxious weeds or invasive plant species. The area of land is defined by drawing a line around the general perimeter of the infestation as a logical treatment unit. May contain areas of land that are not fully occupied by weeds.

Critical habitat: 1) Specific areas within a species’ habitat that are critical to its life functions; 2) An area designated by USFWS under rulemaking as being critical to the needs of a Federally listed species, and which then carries special protection and consultation requirements

Sensitive areas: Buffers around terrestrial and aquatic areas which provide ecological refugia for or specialized or unique habitats.

Standard Operating Procedures (SOPs): Management practices that would be followed by the BLM and the Contractor to ensure that risk to human health and the environment from the application of herbicides are minimized to the extent practical.

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

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#

(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)).

__ (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) (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-

(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.

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…