Sol_140L2625Q0049.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

LDA

BOISE ID 83709

1387 S. VINNELL WAY

BLM ID STATE OFC HR&ADMN (ID953)

0011276380 CODE 16. ADMINISTERED BYCODE

X

X

115310

SIZE STANDARD:

% 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

08/19/2025 1000 MD

07/28/2025

2083733910Patricia Fort (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L2625Q0049

5. SOLICITATION NUMBER

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

1 52 0044011181OFFEROR 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

$34

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.

Suggested Vendor: QUICKSILVER, CUTTING EDGE, SUMMITT Suggested Buyer/CO: TOM PARSONS Header Text: LOP AND SCATTER VEGETATION MANAGMENT

SERVICES FOR THE PARADIGM FUEL BREAK SYSTEM.

THIS IS A MAINTENANCE CUT, RETREATING AREAS CUT I

N 2019 AND 2020.

Delivery: 09/25/2025

00010 FY25 PARADIGM HAND CUT

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

Patricia Fort

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (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.

Product/Service Code: F006

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- LAND TREATMENT PRACTICES

Period of Performance: 09/01/2025 to 09/25/2025

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

52 2 of

SOLICITATION NO: 140L2625Q0049

TITLE: FY25 Paradigm Hand Cut 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 140L2625Q0049. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 115310. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $34.0 Million.

In lieu of a Site Visit, a Pre-Bid Meeting will be held.

Date: Monday, August 4, 2025 Time: 1:00 pm MDT Meeting Place: BLM, Boise District Fuels Office, Table Rock Room, 3948 Development Avenue, Boise, ID 83706 Point of Contact: Wilson Yates (208) 384-3343

Due Date: Tuesday, August 19, 2025, at 10:00 am MDT. Quotes will be accepted via Email at pfort@blm.gov. Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.

In accordance with this Solicitation Section 4 - Solicitation Provisions

See FAR 52.212-2 Evaluation - Commercial Items

The overall proposal shall consist of a completed Standard Form 1449, completed Bid Schedule, and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of work. 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: FY25 Paradigm Hand Cut 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 31

Section 4: Solicitation Provisions 36

TITLE: FY25 Paradigm Hand Cut Page 5

SECTION 1: BID SCHEDULE

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

FY25 Paradigm Hand Cut

Item No. Description Estimated

Quantity Unit Unit Cost Total Cost

1 Lop and Scatter 215

2 Lop and Scatter 17

Total Project Cost $___________

TITLE: FY25 Paradigm Hand Cut Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1.1 Introduction: The Four Rivers Field Office of the Boise District, Bureau of Land Management (BLM) is acquiring vegetation management services to implement lop and scatter treatments to reduce hazardous fuels along existing road systems. This work will improve firefighter safety, enhance fire suppression opportunities, and mitigate the risk of roadside fire ignitions spreading into adjacent rangelands.

1.2 Background: The Paradigm Fuel Breaks Project is located in Elmore County, Idaho, within a landscape dominated by sagebrush steppe vegetation.

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

• Slope: Typical cutting areas will consist of slopes less than 5%.

• Rock: Some rock may be present but is not expected to hinder operations.

• Vegetation:

o The surrounding vegetation is typical of the Snake River Plain and consists primarily of annual grasses, with scattered sagebrush and rabbitbrush.

o Within the treatment units, sagebrush cover is approximately 30-60%.

1.3 Purpose: The lop and scatter treatments within the Paradigm Fuel Breaks Project aim to maintain and enhance existing fuel breaks by removing regrowth and reducing fuel continuity along existing road systems. The project will accomplish the following objectives:

• Enhance firefighter and public safety by reducing hazardous fuels along roadways, limiting fire intensity and spread in these high-risk areas.

• Improve fire suppression opportunities by maintaining clear, strategic breaks that provide safe anchor points for suppression tactics.

• Reduce fire size and intensity by compartmentalizing the landscape into more defensible sections, preventing large-scale fire spread.

• Minimize roadside fire ignitions from spreading into adjacent rangelands by removing accumulated fuels within 200 feet of roadways.

• Support ecosystem resilience by reducing encroaching fuels and protecting intact sagebrush communities, slick spot peppergrass, and greater sage-grouse habitat.

• Safeguard previous and future habitat restoration efforts by maintaining fuel breaks that reduce the likelihood of high-intensity fires damaging rehabilitated and sensitive areas.

1.4 Scope of Work: The objective of the 2025 treatments is to conduct lop and scatter/lop and leave operations across 232 acres to reduce hazardous fuels and maintain fuel breaks along roadways.

This treatment is targeting areas of previously cut vegetation from 2019 and 2020. An onsite visit is recommended to accurately assess site conditions.

1.4.1 Performance Period:

• The contract period will tentatively commence on Monday, September 1st, 2025.

• The performance period will be 25 calendar days from the start date.

1.4.2 Government-Furnished Property and Services:

• The BLM will provide:

o One travel map depicting the overall project area.

o One detailed unit map showing specific treatment areas.

o A GIS shapefile or spatially referenced PDF map outlining road boundaries, treatment zones, and avoidance areas.

TITLE: FY25 Paradigm Hand Cut Page 7

These resources will ensure the contractor has the necessary spatial information to execute work within the designated boundaries efficiently.

1.5 Specifications of Treatment:

Lop and Scatter - The canopy cover of the material to be lopped and scattered is estimated to be 30 to 60 percent of total cover.

• The total treatment area includes 232 acres, consisting of:

o 17 acres of targeted cleanup within 25 feet of roads or along fence lines.

o 215 acres of retreatment within 200 feet of roads, addressing regrowth from prior fuel treatments in 2019 and 2020.

1.5.1 Treatment Requirements:

(a) Lop and Scatter All Brush

• Includes Sagebrush, Bitterbrush, Rabbitbrush, and other brush species.

• All severed brush will be considered slash and must be cut to lengths of 4 feet or less.

(b) Complete Severance and Stump Height

• All brush designated for lop and scatter must be completely severed.

• The remaining stump height must not exceed 6 inches from the ground on the uphill side.

• No live limbs may remain on the stump.

(c) Slash Distribution

• Slash must be uniformly scattered throughout the treatment area.

• Slash must not be scattered in:

o Borrow pits or ditches.

o Barbed wire fences – severed brush hung up in the fence line will be removed.

o Outside of the 200-foot treatment boundary.

(d) Height Reduction

• Slash must be reduced to within 12 inches of the ground at all points.

(e) Site Protection and Avoidance Areas

• No brush will be scattered into flagged avoidance sites.

• No piling of lopped vegetation around Oregon National Historic Trail (ONHT) markers.

These treatment specifications ensure compliance with fire risk reduction goals, protect sensitive historical and cultural sites, and maintain proper fuel break functionality along roadways

1.6 Location: The 2025 fuel break maintenance project is located in south-central Elmore County, Idaho, as depicted on the project location map. The treatment area spans existing road systems between Boise and Glenns Ferry, extending north of Interstate 84 to the Boise Front foothills.

The project occurs on lands administered by:

• The Bureau of Land Management (BLM), Boise District,

• The Bureau of Reclamation (BOR), and

• The State of Idaho.

The BLM has a Memorandum of Understanding (MOU) with the State of Idaho and BOR, allowing for the continued implementation of fuel break maintenance and vegetation treatments under this contract

TITLE: FY25 Paradigm Hand Cut Page 8

1.7 Project Boundary Markers: The treatment area boundaries will not be flagged. A georeferenced PDF map of treatment areas will be provided for use with Avenza.

1.8 Vehicle Access and Use: The project site is accessible under dry conditions with a two-wheel-drive, high-clearance vehicle. However, during wet conditions, a four-wheel-drive, high-clearance vehicle may be required.

• The contractor is responsible for restoring any public or private access roads damaged during operations to their original condition at their own expense.

• If roads or access points become impassable due to adverse weather conditions or other natural or social factors, the Contracting Officer’s Representative (COR) will notify the contractor, and the Contracting Officer (CO) may issue a Stop Work Order until alternative access can be arranged.

To prevent the spread of invasive weeds, the undercarriages of all vehicles must be cleaned before entering the treatment areas. It is highly recommended that vehicles be thoroughly cleaned again upon project completion, as invasive species such as medusa head and cheatgrass are known to be present in the area.

1.9 Notification of Work Cessation or Resumption: The contractor must notify the Contracting Officer’s Representative (COR) at least three (3) days before beginning operations. Additionally, the contractor must inform the COR if operations will cease for one or more days and provide an estimated date for resumption of work at that time.

1.10 Personnel and Equipment Requirements: The contractor must maintain an adequate workforce throughout the project to ensure timely completion and is responsible for ensuring that all crew members understand the contract requirements.

• The crew must adhere to OSHA safety standards and maintain a safe working environment at all times.

• The contractor is required to attend a pre-work meeting and submit a written performance plan detailing crew size and operational logistics before beginning work.

The contractor is responsible for providing all necessary resources, including:

• Tools, labor, and supervision

• Equipment, materials, and supplies

• Transportation and training

• Any additional incidentals needed to complete brush removal and slash treatment in compliance with the project specifications

1.11 Contractor Representative: The contractor must designate two (2) English-speaking Contractor Representatives (foremen) to oversee operations.

• At least one Contractor Representative must be on-site at all times, actively directing work and serving as the primary point of contact for the Government.

• Failure to maintain an on-site Contractor Representative will result in work suspension until an acceptable replacement is provided.

• The contractor will have a maximum of five (5) days to designate a qualified replacement. If this requirement is not met, the Contracting Officer may issue a Suspend Work Order.

The Government must be notified immediately of any changes to the designated Contractor Representative(s).

TITLE: FY25 Paradigm Hand Cut Page 9

1.12 Detailed Unit Information: Access to some portions of the unit may require crossing private land.

If necessary, the BLM will secure access permissions before work begins. The treatment areas are located along existing road systems within the project boundary, including roads north of Interstate 84 and extending to the Boise Front foothills. The contractor should be aware of potential access limitations and coordinate with the BLM regarding any private land crossings needed for project implementation.

13 Camping: If the contractor establishes a work camp, its location must be approved in advance by the Contracting Officer.

• The contractor is responsible for keeping the camp sanitary and orderly throughout the project duration.

• Before vacating the site, the contractor must remove all refuse and any signs of occupancy to restore the area to its original condition.

• In equipment maintenance areas, special precautions must be taken to contain and properly dispose of spilled fuel, lubricants, and wash water to prevent environmental contamination.

• The contractor must comply with all fire regulations and restrictions to ensure safety and prevent wildfires.

1.14 Special Provisions: The contractor must conduct all operations in compliance with the Idaho Forestry Act Fire Hazard Reduction Law and the Rules and Regulations Pertaining to Forest Fire Protection and Fire Hazard Reduction (1992). These provisions are primarily for fire prevention and control and must be followed during closed fire seasons or periods of high fire danger.

1.14.1 Fire Prevention and Control:

(a) Portable Power Saw Use Requirements: Any person using a portable power saw on range or forest land in Idaho must have the following fire prevention and suppression equipment within 50 feet of the operating saw:

1. A fully charged, operable fire extinguisher with a minimum capacity of 8 ounces, in effective operating condition, and immediately available when the saw is running or being refueled.

2. A size "O" or larger shovel must be available with each gas can used for refueling.

Refueling must occur in an area cleared of all flammable material.

3. Power saws must be moved at least 20 feet away from the refueling site before starting the engine.

(b) Spark Arrester Requirement: All portable power saws must be equipped with properly installed, maintained, and functioning spark arresters as specified in the Rules and Regulations Pertaining to Forest Fire Protection, Idaho Department of Lands (1992).

1.14.2 Watershed Protection Measures: The contractor must comply with all applicable State and Federal laws regarding water quality and ensure that operations do not negatively impact water resources.

(a) The contractor must follow all applicable State and Federal regulations concerning water quality during project operations.

(b) The contractor must take all reasonable precautions to prevent pollution or obstruction of any stream, lake, or reservoir within or near the cutting area. If contractor activities result in pollution or obstruction, the contractor must immediately notify the Authorized Officer and correct the issue to their satisfaction.

TITLE: FY25 Paradigm Hand Cut Page 10

(c) Hand pile restrictions: No hand piles may be created within 20 feet of willows, streambeds, or riparian areas to protect sensitive aquatic and riparian ecosystems.

These provisions are mandatory to ensure fire safety, environmental protection, and compliance with State and Federal regulations throughout the 2025 fuel break maintenance project.

1.14.3 Archaeological Concerns: The excavation, removal, damage, alteration, or defacing of cultural resources is strictly prohibited under the Archaeological Resources Protection Act (ARPA) of 1979.

• Numerous cultural resources exist throughout the project area.

• Cultural sites flagged by the BLM must be avoided during all project activities.

• If the contractor encounters unflagged cultural sites or suspects the presence of an archaeological site, they must immediately notify the BLM.

• Work must cease in the affected area until a BLM archaeologist evaluates and flags the site.

Failure to comply with these requirements may result in civil penalties under ARPA. Any unauthorized collection of archaeological materials is also subject to legal consequences under federal law.

Oregon National Historic Trail (ONHT) Protection: The Oregon National Historic Trail (ONHT) crosses various locations within the treatment area.

• The contractor must not move, disturb, or knock over ONHT markers.

• Any damage to ONHT markers caused by contractor operations must be reported immediately to the BLM.

• Do not drive vehicles on or across the ONHT.

These measures ensure compliance with federal preservation laws and protect significant cultural and historical resources within the project area

1.14.4 Public Land Survey System: The Contractor, their employees and equipment operators are required to protect evidence of the Public Land Survey System (PLSS) and related Federal property boundaries in accordance with federal law (18 U.S.C. § 1858). Boundary evidence includes, but is not limited to:

• General Land Office and Bureau of Land Management Cadastral survey corners

• Artificial and natural boundary monuments

• Witness corners

• Reference monuments

• Benchmarks

• Bearing trees

• Witness stones

Prior to commencing any ground disturbing activities, evidence of the PLSS and other survey corner monuments will be marked for protection. In the event of disturbance or destruction of Federal boundary evidence, the responsible party shall immediately report the incident, in writing, to the authorized official, and actual cost for rehabilitation or reestablishment will be deducted from payment due the Contractor or responsible party.

TITLE: FY25 Paradigm Hand Cut Page 11

1.15 Protection of Improvements: The Contracting Officer’s Representative (COR) has the authority to order a cessation of work if vehicle operations cause or are likely to cause loss of traction, rutting, or excessive ground disturbance. This typically occurs:

• When frozen ground begins to thaw.

• During snowmelt periods.

• During or immediately after rainstorms.

To minimize ground disturbance, the contractor must:

• Limit tracking over an area to one pass whenever possible.

• Avoid sharp or tight turns that may cause soil displacement or uproot vegetation.

• Rehabilitate any soil or ground disturbance caused by equipment during and after operations to restore the area to its original condition.

These measures ensure minimal environmental impact, preserve site integrity, and maintain compliance with project restoration objectives.

INSPECTION AND ACCEPTANCE

Pre-Work Conference:

1. A pre-work conference will be held prior to issuing the Notice to Proceed. The contractor will receive advance notification of the meeting’s time, date, and location.

2. The purpose of the meeting is to review:

o Work requirements o Project specifications o Payment procedures o Administrative provisions of the contract

3. The contractor and crew representatives/foremen responsible for work coordination must attend.

4. The contractor must be prepared to summarize planned procedures for completing the project and provide a detailed schedule that aligns with the project’s performance timeline

Progress Inspections/Meetings:

1. The Government COR and/or Project Inspector (PI) will conduct periodic visual inspections throughout the project.

o Inspections will document treated areas and assess compliance with specifications outlined in Section 1.5 Specifications of Treatment (pg. 3).

2. The contractor’s Crew Representative/Foreman must be present during all inspections.

o Any deviations from contract specifications will be discussed immediately with the Crew Representative.

3. The contractor must correct any deficiencies identified by the COR/PI.

o The corrected work will be re-inspected before acceptance.

Final Inspection & Acceptance:

• Acceptance criteria: The project must meet 95% visual compliance with the contract specifications outlined in Section 1.5 Specifications of Treatment (pg. 3).

• Final acceptance will only occur once the COR determines that all contract specifications have been met.

Measurement and Payment:

• Payment will be based on the number of acres satisfactorily completed in accordance with the contract specifications.

• Measurement of completed work will be based on horizontal distances from the edge of the road.

TITLE: FY25 Paradigm Hand Cut Page 12

• Payment will be made at the unit price per acre specified in the Bid Schedule, covering all costs associated with work completion as described in the specifications.

This process ensures that all work is completed to standard, and any deficiencies are addressed prior to final acceptance and payment.

Performance Period

• The performance period for this contract is 25 calendar days.

• Work is expected to begin and be completed within this timeframe, subject to adjustments based on fire danger severity and other conditions

Estimated Project Dates:

• Start Date: September 1, 2025 (subject to change based on fire danger conditions)

• End Date: September 25, 2025

SITE VISIT

In lieu of a Site Visit, a Pre-Bid Meeting will be held. Prospective bidders are urged to attend. The meeting will be conducted at the Boise BLM Fuels building and will consist of reviewing maps and photos that are representative of the units. BLM staff will have maps available as well as Google Earth/ArcMap on a screen and go through each unit individually. Should contractor wish to view the site, they need to come prepared (UTV, ATV, tire chains, GPS device to call/text company if stuck in mud/snow).

The Pre-Bid Meeting will occur on Monday, August 4, 2025. Participants will meet at 1:00 PM (MDT) at the BLM, Boise District Fuels Office, Table Rock Room, 3948 Development Avenue, Boise, ID 83706.

TITLE: FY25 Paradigm Hand Cut 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)

(DEVIATION Feb 2025) 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 (Jan 2025) (DEVIATION Feb 2025)

(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 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)).

https://www.acquisition.gov/browse/index/far#

TITLE: FY25 Paradigm Hand Cut Page 14

(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.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.203-17, 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).

XX (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).

XX (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, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 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 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (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 (Jan 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) ( 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 (Jan 2025) 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. 657s).

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

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__ (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 Re-representation (Jan 2025) (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)).

__ (28) 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) ( 15 U.S.C. 637(a)(17)).

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

__ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).

__ (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

XX (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.

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

__ (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).

__ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (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) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (May 2024) (DEVIATION FEB 2025) (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) (i) 52.225-1, Buy American-Supplies (Oct 2022) (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) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732), Public Law 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 (Jan 2025) of 52.225-3.

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__ (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 (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (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).

XX (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.

3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (65) (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 for Contractor Workers 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).

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__ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g)).

(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 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 (Jan 2025) ( 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 2016) (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.

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(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 (May 2014) (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).

(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers 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) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C.

3901 note prec.).

(xxvii) 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;

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(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.