Sol_140L5221Q0003.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

LDT

SHOSHONE ID 83352

400 W F STREET

BLM ID FIRE&AV TWIN FALLS (IDT00)

0004276370 CODE 16. ADMINISTERED BYCODE

X

X

X

541990

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDT

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/17/2021 1300 MD

03/18/2021

(208) 3733914Nathaniel Bertels (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L5221Q0003

5. SOLICITATION NUMBER

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

1 54 0040520503OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

SHOSHONE ID 83352-1522

400 W F ST.

BLM-ID SHOSHONE FIELD OFFICE (Twin

15. DELIVER TO

SHOSHONE ID 83352

400 W F STREET

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$16.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

BLM ID-FIRE&AV TWIN FALLS (IDT00)

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Legacy Doc #: BLM Delivery: 07/02/2021 Period of Performance: 06/01/2021 to 07/02/2021

00010 2021 DIP VAT NOXIOUS WEED CONTROL

Product/Service Code: F105 Product/Service Description: ENVIRONMENTAL

SYSTEMS PROTECTION- PESTICIDES SUPPORT

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Nathaniel Bertels

. 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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

54 2 of

SOLICITATION NO: 140L5221Q0003

TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL 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 140L5221Q0003. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2021-05. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 541990. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $16.5 Million.

Site Visit:

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

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

Date: Monday, May 10, 2021 Time: 10:00AM Mountain Daylight Time Meeting Place: Blaine County Fairgrounds, Carey, Idaho Point of Contact for Site Visit: Justin Miller

Questions Due Date: Wednesday, May 12, 2021 at 2:00PM Mountain Daylight Time. Questions will be accepted via email at nbertels@blm.gov.

Due Date: Monday, May 17, 2021 at 1:00PM Mountain Daylight Time. Quotes will be accepted via Email at nbertels@blm.gov. Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.

In accordance with this Solicitation Section 4 - Solicitation Provisions

See FAR 52.212-2 Evaluation - Commercial Items

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

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

❏ Is the unit price legible?

❏ Is the extended price correct?

❏ Have you initialed any changes or erasures?

SUBMIT ONLY REQUESTED ITEMS NOT THE ENTIRE SOLICITATION

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

TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL 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 27

Section 4: Solicitation Provisions 38

TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL Page 5

SECTION 1: BID SCHEDULE

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

Line Item Number Description

Est.

Quantity

Unit of Issue Unit Price Total Cost

0001AA Dip Vat Noxious Weed Control Base

985 Acre $ $

2021 DIP VAT NOXIOUS WEED CONTROL – ALL OR NONE $

Dip Vat Noxious Weed Treatment – Base Total Estimated Acres: 985 Estimated Period of Performance: 06/01/2021 to 07/02/2021 Performance Time: 2 days of actual spraying

This application will coincide with actively growing Dyers woad. BLM monitoring of the area will determine the timing of application. The application will be within the period of performance time. Contractor will be required to start work within three days after being notified by the Contracting Officer Representative.

Note: This Solicitation is All or None

TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

NOXIOUS WEED TREATMENT IN BLAINE COUNTY

A. INTRODUCTION

The Bureau of Land Management (BLM) is seeking to award a contract to fulfill an herbicide application involving inventory and noxious weed control at a location Northwest of Carey, Idaho. There are a variety of noxious weeds, listed below, on public lands administered by the BLM’s, Twin Falls District Office (TFDO).

These species are all listed on the Idaho Noxious Weed List. The focus area of this contract is a specific, mapped polygon, within Blaine County, Idaho, as described below:

Dip Vat treatment unit, 985 acres, located Northwest of Carey, in Blaine County (see 2021_Dip_Vat_Noxious_Weed_Control_Comp - attached as a separate electronic file). The following weed species known to be in this unit are: Dyer’s woad, Dalmatian toadflax, Rush skeletonweed, and Leafy spurge. There may be other species listed on the Idaho Noxious Weed’s List in the unit and if found will be inventoried and treated.

The goal of this contract is to inventory and treat noxious weeds within the 985 acre mapped polygon described in this document and to timely provide TFDO with GPS data for quick and accurate contract inspection. This contract, in combination with other ongoing weed control efforts, will help control the spread and possibly eradicate the species from BLM-administered lands within this TFDO area.

B. DESCRIPTION OF WORK:

Inventory:

The intensive inventory of the area within the provided mapped polygon, will require an intense search for any of the 67 weeds designated as noxious by the Idaho State Department of Agriculture (see Idaho Noxious Weed List -attached as a separate electronic file). The inventory will involve gridding the project areas in an organized manner starting at a known point and progressing back and forth until the entire area is completed. It is assumed a ground-based inventory would be conducted, using off-highway vehicles, horseback, walking or a combination thereof. Depending on terrain, weed development (height) and the height of surrounding vegetation (i.e. grasses versus trees), the grid lines will need to be from 50 to 200 feet apart. The more rocky and mountainous areas may need to be searched by foot with the aid of binoculars. Data for each discovered infestation shall be provided for the major treatment polygons (see below for weed mapping requirements).

Weed Treatment:

Work involves the application of specific herbicides in solution of any noxious weed species on BLM land only.

All weed locations range in size from scattered single plants to concentrations of plants on areas several acres in size. All noxious weeds found within the mapped polygons are to be treated. Control treatments may be completed from the seedling and rosette stage to the very early bloom stage for all species in the Dip Vat project area. A Pesticide Application Record (PAR) will be completed daily by each spray crew (see Dip Vat Blank Application Record 2021 – attached as a separate electronic file).

Terrain can be uneven, rocky, and steep on most portions of this weed area. This may add to the difficulty of maneuvering through the unit with a backpack on each person.

The contractor will plan their work and keep the BLM informed of progress by reporting daily, including turning in GPS data and PAR forms at the end the treatment. While planning work, the highest priority for treatment

TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL Page 7 should be given based on the phenological progression of the target species so that they are treated before they go to seed (see section G).

Dip Vat – Map # 1 Polygon Acreage: 985 acres for inventory and treatment Notes about treatment: Dyer’s woad, Dalmatian toadflax, Rush skeletonweed, Diffuse knapweed and Leafy spurge are the target species and are found on the steep side hills, drainage bottoms, and ridge tops. It is recommended from a safety and effectiveness standpoint that this unit is walked with backpack sprayers as the primary method of treatment. Limited access to OHV’s / ATV’s is available for spraying on flatter terrain and to allow herbicides to be transported to the interior of the unit.

Dip Vat estimated infestation: 985 acres In the case above, “known infestation” data is from 2019 inventory and acreage is estimate only.

Weed Mapping, GPS and Recordation Requirements:

At the pre-work meeting there will be coordination in which the BLM will make sure the contractor has pre-loaded on their smart phones or tablets the Avenza Maps App for use in recording locations of Herbicide treatments and the BLM will provide the geo-referenced PDF map for the contracted treatment unit. Protocol for recording infestations shall include collection of GPS data per Avenza PDF App. Per the PAR, point data would be 0.25 acres for each point collected and all other associated PAR information shall be filled out upon completion at the end of each day.

Contractor is required to accurately complete all fields of the PAR. The Contractor shall report their (e.g. # of acres sprayed, weather, Herbicide amounts, etc.) on the PAR (Pesticide Application Record) form provided by the BLM. Having both records allows the BLM to accurately report treatment acreage and mitigate the risk of lost data.

All data should be exported and submitted using the following format:

Projection: World Datum: WGS_1984 Decimal Degrees (DD) Units: Meters

Avenza Maps information shall be verified and sent to the TFDO Weeds Specialist at email address:

aowens@blm.gov.

C. LOCATION

Work under this contract is located on BLM land Northwest of Carey, Idaho, in Blaine County. The work location is shown on the attached maps.

D. ACCESS TO THE WORK

Paved and dirt roads, vehicle trails and off road and/or foot travel. Cross country travel is generally permitted with care not to create ruts in inclement weather and saturated soil conditions. The contractor will only traverse an area once to avoid the creation of new ATV trails across recently rehabilitated landscapes.

E. CERTIFICATION

The contractor and site foreperson shall hold a current Idaho Professional Pesticide Applicator License and follow all guidelines as described in IDAPA 02.03.03 (Idaho Department of Ag Rules Governing Pesticide and mailto:aowens@blm.gov

TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL Page 8

Chemigation) and all application of herbicides shall be made in accordance with Federal, State, and local requirements. Other applicators may work under the direct supervision of the contractor and/or site foreperson’s license(s).

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

This may be accomplished by providing the BLM with form (IDAPA 02.03.03.250.01.A) The Idaho Professional Applicator Certificate of Insurance. A company’s manager may indicate that the company insurance policy covers all employees.

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

Reference: the attached Idaho Department of Ag Rules Governing Pesticide and Chemigation Use document.

F. WORK TIMING AND GEOGRAPHICAL LIMITS

Work would begin when the contract is accepted by the Contractor and 3 days after Notice to Proceed is given by BLM. Work would end when the contract work was completed or when weeds are so advanced in their maturation that “control” is ineffective, as decided by the BLM. Weeds must be treated prior to producing seed for the year. GIS data deliverables must be made available to the TFDO Weeds Specialist at email address aowens@blm.gov no later than July 15, 2021. The outer perimeter of the work area is defined on the attached maps (a 100-foot buffer in which control work is required, extends beyond the outer perimeter which is depicted on the maps. It is highly recommended that potential bidders visit the site, during the scheduled site tour, prior to bidding on the contract due to the high variability from year to year in density of the target species and other variables related to site conditions.

G. SPECIAL REQUIREMENTS AND PENALTIES

Inventory and infestation mapping will be monitored by the designated Project Inspector (PI) and the COR, using field contract inspections.

Progress will be monitored by BLM’s designated Project Inspector(s) (PI) and the COR. The intent is for all weed infestations to be treated prior to seed production. A site is defined as anywhere at least one plant occurs.

In the event more than 5 percent of a weed patch has gone untreated, the contractor must return to the site and complete treatment of the weeds within 3 days of being informed (if the percentage of live weeds remaining is 5 percent or less, the PI could elect to complete the control). If untreated acreage remains at the end of the contract, payment for the contract will be adjusted down by percentage of total acres which have not been treated when work is stopped. This percentage will be based upon data mapping and as determined by the BLM Contracting Officer (CO) or the COR.

Contractor shall only use, from section J, herbicides provided by the BLM and apply in accordance with current pesticide use proposals (PUPs) and EPA labels and in compliance with all guidelines and restrictions. Contractor shall complete a daily Pesticide Application Record (PAR) as required for BLM reporting. The schedule of data submission may be altered by the Project Inspector or the COR. Pesticide Application Records (PARs) must be completed within 24 hours of application.

mailto:aowens@blm.gov

TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL Page 9

H. CONTRACTOR-FURNISHED ITEMS

All personnel, materials, and equipment required to complete the project. This includes application equipment, personal protective equipment (PPE), vehicles, fuel, water, and any other associated tools and equipment. ATVs are recommended to assist in covering the areas used primarily as nurse units for backpacks. Backpack sprayers are recommended to complete the Dip Vat unit. Smart phones or tablets with appropriate Avenza Maps App, capable of utilizing the BLM provided geo-referenced PDF maps are required for each of the crews.

I. METHOD OF TREATMENT

The weeds can generally be treated by use of herbicide. Required buffers for herbicide treatments in wetland and riparian areas are 10 feet hand application and at water’s edge if selective spot spraying with a backpack. If picloram, a restricted use herbicide, is used, it cannot be near water or where it could possibly be a runoff contaminate hazard.

J. HERBICIDE METHOD

All Standard Operating Procedures, Mitigation Measures and Conservation Measures (Appendices A through C) apply to the application of herbicides under this contract.

1. All applications will be in accordance with the label, the Pesticide Use Proposal (IDT000-18-001-P). PUPs are scheduled for renewal end of April 2021; new Memos will be provided before work begins.

2. Herbicides and Application Rates: only the following herbicides will be provided for use: Milestone (Aminopyralid), Platoon (2, 4-D), Low Vol 4 (2,4-D Ester), Escort XP (Metsulfuron methyl), Telar (Chlorsulfuron), and Picloram 22K (Picloram).

The following intended and maximum use rates will be utilized. If additional herbicides are approved prior to or during the term of this contract, they may be added to this list of approved herbicides.

Rates of Application:

A. Milestone (Aminopyralid)

MAXIMUM RATE OF APPLICATION – AS STATED ON THE LABEL:

Formulated Product: 7 oz/acre Pounds AE: 0.11 lbs

Maximum seasonal rate: 7 oz per acre per annual growing season.

INTENDED RATE OF APPLICATION:

Formulated Product: 5 oz/acre Pounds AE: 0.8 lbs/acre

TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL Page 10

B. Platoon (2,4-D)

MAXIMUM RATE OF APPLICATION – AS STATED ON THE LABEL:

Formulated Product: 2 qt/acre Pounds AE: 1.9 lbs Maximum seasonal rate: 4 qt per acre with no single dose being over 2 qt per acre.

INTENDED RATE OF APPLICATION:

Formulated Product: 1 - 4 pts/acre Pounds AE: 0.5 - 1.9 lbs/acre

C. Escort XP (Metsulfuron Methyl)

MAXIMUM RATE OF APPLICATION – AS STATED ON THE LABEL:

Formulated Product: 1 2/3 oz/acre Pounds AI: 0.062 lbs/acre Maximum seasonal rate: 1 2/3oz/acre

INTENDED RATE OF APPLICATION:

Formulated Product: Up to 1 2/3 oz/acre Pounds AI: Up to 0.062 lbs/acre

D. Telar XP (Chlorsulfuron)

MAXIMUM RATE OF APPLICATION – AS STATED ON THE LABEL:

Formulated Product: 1 1/3 oz/acre Pounds AI or AE: 0.062 lbs/acre Maximum seasonal rate: 1 1/3 oz/acre on rangeland

INTENDED RATE OF APPLICATION:

Formulated Product: 1 1/3 oz/acre depending on growth stage Pounds AE or AI: 0.062 lbs/acre

E. Picloram 22K (Picloram)

MAXIMUM RATE OF APPLICATION – AS STATED ON THE LABEL:

Formulated Product: 2 qts/acre Pounds AE: 1.0 lbs/acre Maximum seasonal rate: 2 qts/acre

INTENDED RATE OF APPLICATION:

Formulated Product: Up to 2 qts/acre Pounds AE: Up to 1.0 lbs/acre

F. Low Vol 4 (2,4-D Ester)

MAXIMUM RATE OF APPLICATION – AS STATED ON THE LABEL:

Formulated Product: 4.2 pts/acre Pounds AI or AE: 2.00 lbs/acre Maximum seasonal rate: 8.4 qt/acre

INTENDED RATE OF APPLICATION:

Formulated Product: 2.1pt – 4.2qt/acre Pounds AE or AI: 1.0 – 2.0 lbs/acre

TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL Page 11

3. Adjuvants: The following nonionic surfactants must be used with the approved herbicides provided in conjunction with label directions: Alligare 90

4. Dye: The following vegetation dye will be included in the fluid mixture at all times: Hi-Light (Beckerunderwood). The dye will be a highly contrasting color to the vegetation it is applied on. It will be applied in sufficient amounts so as to be highly visible for at least 3 days following application unless it is removed by precipitation.

5. Product substitutions: N/A

6. Equipment/Spray Nozzles: Sprayers shall be equipped with nozzles capable of uniform distribution at the specified rate. Sprayers shall be calibrated to assure the specified rate is being met. Mixing Equipment:

Contractor shall furnish the agitator and mixing tank for mixing treatment material. The treatment material shall be mixed according to the label and in a safe and knowledgeable manner. It can be mixed on site as needed.

Water sources will be arranged for by the Contractor. Water taken from BLM sources will be pre-negotiated with the COR for safety and hazardous materials considerations. Herbicides shall be mixed and loaded in an area where an accidental spill cannot flow into a stream or water body or contaminate ground water. The water intake system for mixing shall have an anti-siphon system between the live water intake and the mixing tank to prevent any back flow of chemical into the water source.

7. Environmental Conditions: Application of treatment Herbicides shall not be done when the wind velocity exceeds label limits. Herbicide will not be applied when inclement weather conditions (rain, hail, sleet and snow) are forecast within 12 hours following a planned treatment. Also, herbicide shall not be applied for at least 12 hours after receiving moisture from a storm. Herbicides shall not be applied when ground is frozen. Spraying operations will be permitted only during daylight hours.

8. Transportation of Herbicide: The Contractor shall load and transport herbicide, adjuvants, and dye from the BLM's location to the work site and between sites according to all applicable laws and regulations. Upon completion of the work or termination of the contract, all unused herbicide shall be returned by the Contractor to the BLM's location. Disposal of all used containers and other materials shall be done according to the label and local laws and regulations and is the responsibility of the contractor.

K. HAND CUTTING AND PULLING:

N/A

L. GOVERNMENT -FURNISHED PROPERTY:

Maps (1:24,000 scale), Herbicide, Adjuvants, Dye, GPS data dictionary and PAR forms.

M. INSPECTION

The COR or PIs will make inspections as a basis for monitoring progress in relation to completion payments and to make recommendations for adjustments in work. The PI and COR will communicate regularly with the Contractor or their designated representative. Contractor shall be required to show or submit completed pesticide application records to COR/PI upon request during the inspection of the contract.

TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL Page 12

N. ACCEPTANCE

Work performed according to the specifications will be considered acceptable for payment.

O. PAYMENT

Final payment will be based on completion and acceptance of the job. Payments will be based upon compliance with all specifications. Price and payment will be full compensation for the work described in this section. Prior to final payment, the BLM must have completed forms and data for the entire performance period, which are subject to approval by the TFDO certified pesticide applicator.

TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL 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 Items (Oct 2018) 52.215-8 Order of Precedence-Uniform Contract Format (Oct 1997) 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

(Sept 2013) 52.223-3 Hazardous Material Identification and Material Safety Data (Alt I) (Jul 1995) 52.223-6 Drug-Free Workplace (May 2001) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 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 Items (Jan 2021)

(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 items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

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

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

TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL Page 14

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (PUB. L. 111-117, section 743

OF DIV. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (PUB. L. 111-117, section 743 OF DIV. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11)(i)52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12)(i)52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved] XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) of 52.219-6. (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (iii) Alternate II (NOV 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (iii) Alternate II (MAR 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219-9.

__ (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

XX (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

XX (27) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

__ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126) XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

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

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

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XX (32) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

__ (ii) Alternate I (JULY 2014) of 52.222-36 __ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

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

XX (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 (22U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

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

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

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

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

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

__ (ii) Alternate I (JUN 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a) __ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) 52.225-1, Buy American—Supplies (JAN 2021) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108- 77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 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) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL Page 16

10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management

(JUL 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (62)(i) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)) __ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (FEB 2006) 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 items:

[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of 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

TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL Page 17 for commercial items. 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 (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) __(A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

__(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx.

1241(b) 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 items 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 (Aug 2020)

(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–

TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL Page 18

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

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

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

Critical technology means–

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

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.

TITLE: 2021 DIP VAT NOXIOUS WEED CONTROL Page 19

(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.