Sol_140L2625Q0064.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

0011276408 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

08/07/2025 1100 MD

07/24/2025

0000000000Ava Budner (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L2625Q0064

5. SOLICITATION NUMBER

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

1 47 0044024690OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BOISE ID 83709-1657

1387 S VINNELL WAY

BLM-ID IDAHO STATE 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: 08/17/2030 Period of Performance: 08/18/2025 to 08/17/2030

00010 Eastern Idaho Biocontrol Support Product/Service Code: R408 Product/Service Description: SUPPORT-

PROFESSIONAL: PROGRAM MANAGEMENT/SUPPORT

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

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

47 2 of

SOLICITATION NO: 140L2625Q0064

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT 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 140L2625Q0064. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2025-03 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: AUGUST 7, 2025, BY 11:00A.M. MDT. Quotes will be accepted via email at tparsons@blm.gov. Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.

In accordance with this Solicitation Section 4 - Solicitation Provisions

See FAR 52.212-2 Evaluation - Commercial Items

The overall proposal shall consist of a completed Standard Form 1449, completed Bid Schedule, and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of work. 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: EASTERN IDAHO BIOCONTROL SUPPORT 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 30

Section 4: Solicitation Provisions 31

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT Page 5

SECTION 1: BID SCHEDULE

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

Delivery: 60 Day ARO

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

All questions need to be emailed to the CO.

Note: This Solicitation is “More than one (1) award may be made from this Solicitation”

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

This is a Blanket Purchase Agreement (BPA) for biological control monitoring and collecting with the Bureau of Land Management, Idaho Falls District office area of responsibility in Southeast Idaho. The BPA contract contains a one-year Base plus four (4) additional one-year options. This will be awarded to single or multiple contractors with varying degrees of manpower 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.

PERFORMANCE PERIOD: August 18, 2025, through August 17, 2030 (or from date of award for a period of five years 6 months, whichever is later), options fully exercised. Performance periods for tasks orders will be specifically designated in the individual task orders.

PART 1 – GENERAL

The Bureau of Land Management (hence forward referred to as the Government) utilizes biological control to treat noxious and invasive weed species on rangeland sites. The Government is seeking to fill Blank Purchase Agreement Contracts with one or more contractors to fulfill several different biological control monitoring and collection sites in eastern Idaho.

Description of Work – Contractor shall furnish all personnel, supervision, labor, equipment, materials, travel and any other direct incidental costs to monitor and/or treat weed species on Bureau of Land Management (BLM) rangelands with BLM approved biological control agents as specified in the individual task orders.

Monitoring plots and 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 treated at the appropriate biological treatment window with the appropriate biological control agent (Table 2) to ensure successful control. Control work may involve coverage of broad project areas, seeking out both individual and large patches of targeted noxious weeds for biological control monitoring and/or collections, or large contiguous areas of invasive plants.

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.

Camp rate (camping out near project site) will be equivalent to government standard per diem rate at $50 per person per night. Per diem and Lodging rate (staying in remote towns near project site) will be equivalent to government per diem rate with lodging at $150 per person per night. Contractor(s) will determine whether or not camp and/or per diem rates are applicable and build those costs into their respective contract bid.

GENERAL DESCRIPTION OF TREATMENTS

Item 1 costs shall include time on site completing monitoring and/or collections of biological control agents and time spent traveling to and from. Rate shall include all equipment and personnel costs.

Time starts when contractor leaves home/business site.

Item 1: MONITORING. COLLECTION, AND TRAVEL TO SPECIFIC BIOLOGICAL CONTROL SITES:

Weed infestations occur as patches (less than 0.1 acre up to 100.0 acres) that cover large areas typically on terrain accessible by vehicles for support.

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT Page 7

Part 2 - LOCATON OF WORK

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

Sites are located within the following Counties:

Treatment Area 1 – Upper Snake Field Office – Bannock, Bingham, Bonneville, Butte, Clark, Fremont, Jefferson, Madison, and Teton Counties Treatment Area 2 – Pocatello Field Office – Bannock, Bear Lake, Bingham, Bonneville, Caribou, Franklin, and Power Counties

ACCESS

Road Access: For this contract, road access is defined as improved and unimproved roads passable with a 2-or 4-wheel drive vehicle, although high clearance 4-wheel drive vehicles will be required to complete much of the work identified.

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 shall 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), personnel, supplies and materials needed to perform the work identified in these specifications. All tools and equipment must be in good working order.

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

PART 4 – COLLECTION AND MONITORING OF BIOLOGICAL CONTROL AGENTS

Tools and equipment used for biological control monitoring and/or collection shall be at the discretion of the Contractor unless otherwise specified by the Government.

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

PART 5 - DELIVERABLES

Monitoring shall be completed using the Standardized Impact Monitoring Protocol (SIMP) and data points shall be submitted to the Government through the Survey123 app for each site. All data must be submitted prior to payment.

Collections and recipients of the biological control agents shall be coordinated with the PI.

An end of season report shall be completed at the end of the field season to include number of sites monitored, biological control agents collected, and a description of the work completed.

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT Page 8

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, provide government furnished materials.

Site inspections will be conducted by COR/PI as needed.

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

Avoid attempting monitoring and/or collections when temperatures aren’t within an ideal window for the organism monitored and/or collected. Appropriate weather will be determined by the COR or PI and outlined in each task order.

PART 8 - SPECIAL REQUIREMENTS

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

Sites to be monitored 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, rattlesnakes, bees, and ticks.

Sensitive, Endangered or Threatened Species (plant or animal) - If sensitive, endangered, or threatened species (plant or animal) are discovered within the treatment the COR shall be notified immediately. The Government may issue a suspend work and/or partially terminate any portion of the work due to discoveries of sensitive, threatened, endangered species or archeological sites during contract operations.

PART 9 - SAFETY

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

When monitoring weed infestations during periods of high risk of wildfire, the Contractor shall carry fire extinguishers and tools necessary to suppress any small ignition.

PART 10 - DEFINITIONS

Biological Control Agent: A non-native insect, pathogen, mite, or nematode used to control a non-native noxious or invasive weed.

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

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

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT Page 9

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.

Invasive Weed: A plant that is not native to a specific location and has a tendency to cause damage to the environment.

Noxious Weed: A subset of invasive plants that are designated by state and federal laws because they are known to be detrimental to agriculture, commerce, natural resources, and public health

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.

Table 1 - Noxious and Invasive Weed Species in Idaho Falls District

Common Name Scientific Name Canada Thistle Cirsium arvense Cheatgrass Bromus tectorum Dalmatian Toadflax Linaria dalmatica

Diffuse Knapweed Centaurea diffusa Field Bindweed Convolvulus arvensis Houndstongue Cynoglossum officinale Leafy Spurge Euphorbia esula Medusahead rye Taeniatherum caput-medusa Perennial Pepperweed Lepidium latifolium Rush Skeletonweed Chondrilla juncea Russian knapweed Acroptilon repens Spotted knapweed Centaurea stoebe Squarrose Knapweed Centaurea triumfetti

Whitetop Cardaria draba Yellow starthistle Centaurea solstitialis Yellow toadflax Linaria vulgaris

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT Page 10

Table 2 – BLM Approved Biological Control Organisms

Biological Control Agents Available for Use on BLM Administered Lands

Target Weed Species Biocontrol Agent Species Name

Biocontrol Agent Common Name

Abbreviated Code

Canada Thistle Hadroplontus litura Canada thistle stem weevil HALI Puccinia punctiformis Canada thistle rust PUPU Urophora cardui Canada thistle gall fly URCA

Dalmation Toadflax Brachypterolus pulicarius Toadflax flower-feeding beetle BRPU Calophasia lunula Toadflax moth CALU Eteobalea intermediella Toadflax root boring moth ETIN Eteobalea serratella Toadflax root boring moth ETSE

Mecinus janthiniformis Dalmatian toadflax stem weevil MEJAF

Rhinusa antirrhini Toadflax seed capsule weevil RHAN Rhinusa linariae Toadflax root galling weevil RHLI

Diffuse knapweed Agapeta zoegana Knapweed root boring moth AGZO Bangasternus fausti Knapweed seed head weevil BAFA Chaetorellia acrolophi Knapweed seed head fly CHAC Cyphocleonus achates Knapweed root boring weevil CYAC Larinus minutus Knapweedseed head weevil LAMI Larinus obtusus Knapweed seed head weevil LAOB Metzneria paucipunctella Knapweed seed head moth MEPA Pelochrista medullana Knapweed root boring moth PEME Pterolonche inspersa Knapweed root boring moth PTIN Sphenoptera jugoslavica Knapweed root boring beetle SPJU Terellia virens Knapweed seed head fly TEVI Urophora affinis Knapweed seed head gall fly URAF Urophora quadrifasciata Knapweed seed head gall fly URQU

Field bindweed Aceria malherbae Bindweed gall mite ACMA Tyta luctuosa Bindweed defoliating moth TYLU

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT Page 11

Hoary Cress (Whitetop) Aceria draba Hoary cress gall mite ACDR

Leafy Spurge Aphthona abdominalis Minute spurge flea beetle APAB Aphthona cyparissiae Brown dot spurge flea beetle APCY Aphthona czwalinae Black spurge flea beetle APCZ Aphthona flava Copper spurge flea beetle APFL

Aphthona lacertosa Brown-legged spurge flea beetle APLA

Aphthona nigriscutis Black dot spurge flea beetle APNI Aphthona spp. Spurge root/defoliating beetle APSP Chamaesphecia crassicornis Spurge clearwing moth CHCR Chamaesphecia hungarica Spurge clearwing moth CHHU Dasineura capsulae Spurge gall midge DACA Hyles euphorbiae Spurge hawk moth HYEU Oberea erythrocephala Red-headed spurge stem borer OBER Spurgia esulae Spurge tip gall midge SPES

Rush Skeletonweed Bradyrrhoa gilveolella Rush skeletonweed root boring moth BRGI

Cystiphora schmidti Rush skeletonweed gall midge CYSC Eriophyes chondrillae Rush skeletonweed gall mite ERCH Puccinia chondrillina Rush skeletonweed rust PUCH

Russian Knapweed Aulucidea acroptilonica Russian knapweed gall wasp AUAC Jaapiella ivannikovi Russian knapweed gall midge JAIV Subanguina picridis Russian knapweed nematode SUPI

Spotted knapweed Agapeta zoegana Knapweed root boring moth AGZO Bangasternus fausti Knapweed seed head weevil BAFA Chaetorellia acrolophi Knapweed seed head fly CHAC Cyphocleonus achates Knapweed root boring weevil CYAC Larinus minutus Knapweed seed head weevil LAMI Larinus obtusus Knapweed seed head weevil LAOB Metzneria paucipunctella Knapweed seed head moth MEPA Pelochrista medullana Knapweed root boring moth PEME Pterolonche inspersa Knapweed root boring moth PTIN Sphenoptera jugoslavica Knapweed root boring beetle SPJU Terellia virens Knapweed seed head fly TEVI Urophora affinis Knapweed seed head gall fly URAF

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT Page 12

Urophora quadrifasciata Knapweed seed head gall fly URQU

Squarrose knapweed Agapeta zoegana Knapweed root boring moth AGZO Bangasternus fausti Knapweed seed head weevil BAFA Chaetorellia acrolophi Knapweed seed head fly CHAC Cyphocleonus achates Knapweed root boring weevil CYAC Larinus minutus Knapweedseed head weevil LAMI Larinus obtusus Knapweed seed head weevil LAOB Metzneria paucipunctella Knapweed seed head moth MEPA Pelochrista medullana Knapweed root boring moth PEME Pterolonche inspersa Knapweed root boring moth PTIN Sphenoptera jugoslavica Knapweed root boring beetle SPJU Terellia virens Knapweed seed head fly TEVI Urophora affinis Knapweed seed head gall fly URAF Urophora quadrifasciata Knapweed seed head gall fly URQU

Yellow Starthistle Bangasternus orientalis Yellow starthistle bud weevil BAOR Ceratapion basicorne Yellow starthistle root weevil CEBA Chaetorellia australis Yellow starthistle peacock fly CHAU Eustenopus villosus Yellow starthistle hairy weevil EUVI

Larinus curtus Yellow starthistle flower weevil LACU

Puccinia jacea soltitialis Yellow starthistle rust PUSO Urophora sirunaseva Yellow starthistle gall fly URSI

Yellow Toadflax Brachypterolus pulicarius Toadflax flower-feeding beetle BRPU Calophasia lunula Toadflax moth CALU Eteobalea intermediella Toadflax root boring moth ETIN Eteobalea serratella Toadflax root boring moth ETSE Mecinus janthinus Yellow toadflax stem weevil MEJAN Rhinusa antirrhini Toadflax seed capsule weevil RHAN Rhinusa linariae Toadflax root galling weevil RHLI Rhinusa pilosa Toadflax shoot galling weevil RHPI

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT 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) 52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security 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)).

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

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT Page 14 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 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (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).

__ (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, 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)).

__ (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.

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT Page 15

__ (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).

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

__ (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.

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

__ (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) (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.

XX (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.

__ (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).

__ (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).

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT Page 16

__ (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).

__ (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).

__ (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.

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT Page 17

(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.

(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).

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT Page 18

(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.

(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);

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT Page 19

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

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

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

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

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

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

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a federal contract.

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

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

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

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information;

in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.

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

https://dibnet.dod.mil/

TITLE: EASTERN IDAHO BIOCONTROL SUPPORT Page 20

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause (i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended.