Sol_140L5221Q0010.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

115112

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDT

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/10/2021 0900 MD

04/20/2021

(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

140L5221Q0010

5. SOLICITATION NUMBER

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

1 49 0040530902OFFEROR 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

$8.00

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 SCHEDULE

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: 10/01/2021 Period of Performance: 09/01/2021 to 10/01/2021

00010 COLUMBIA WELL GRASS SEEDING

Product/Service Code: F002 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- AERIAL SEEDING

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

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 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.

00020 SPLIT BUTTE GRASS SEEDING

Product/Service Code: F002

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- AERIAL SEEDING

00030 CONNER GRASS SEEDING

Product/Service Code: F002

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- AERIAL SEEDING

00040 RICE CANYON GRASS SEEDING

Product/Service Code: F002

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- AERIAL SEEDING

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

49 2 of

SOLICITATION NO: 140L5221Q0010

TITLE: 2021 TFD FALL GRASS SEEDINGS 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 140L5221Q0010. 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 115112. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $8.0 Million.

No Site Visit will be held

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

Questions Due Date: Monday, May 3, 2021 at 9:00AM Mountain Daylight Time. All questions shall be sent via Email to nbertels@blm.gov with the solicitation number in the subject line.

Due Date: Monday, May 10, 2021 at 9:00AM 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 TFD FALL GRASS SEEDINGS Page 4

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 14

Section 3: List of Documents, Exhibits, and Other Attachments 27

Section 4: Solicitation Provisions 33

TITLE: 2021 TFD FALL GRASS SEEDINGS Page 5

SECTION 1: BID SCHEDULE

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

Line Item

Number Description

Est.

Quantity

Unit of Issue

Unit Price Total Cost

01 Columbia Well Grass Seeding 4,490 Acre $ $

02 Split Butte Grass Seeding 3,993 Acre $ $

03 Conner Grass Seeding 187 Acre $ $

04 Rice Canyon Grass Seeding 385 Acre $ $

2021 FALL TFD GRASS SEEDINGS TOTAL – ALL OR NONE $

Estimated Start Date: 9/01/2021 Performance Time: 3 working days Total Estimated Acres: 8,808

Contractor shall be required to start work within three days after being notified by the Contracting Officer’s Representative.

Note: This Solicitation is All or None

TITLE: 2021 TFD FALL GRASS SEEDINGS Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT – DETAILED SEEDING SPECIFICATIONS

Item 01 – Columbia Well Grass Seeding

1. Approximate Acreage: 4,490 acres

2. Location of Work Site as Shown on Work Location Maps: Project is located approximately 9.5 to 10.5 miles northeast of Minidoka, Idaho in Minidoka County. The project includes public land. Average elevation varies from 4,300 feet to 4,550 feet.

3. Requirements of Equipment to be supplied by the Contractor: Sufficient to meet specifications of the contract.

4. Loading Site: Contractor shall be responsible for access to the site. Contractor shall have personnel on project site prior to commencing daily application, during application, and shall notify COR or Project Inspector of changing weather conditions.

5. Crew Requirements: Crew for handling seed and loading equipment shall be furnished by the Contractor.

6. Location of Seed to be Furnished by the Government: Shoshone Seed Warehouse, 317 State Hwy 75 N, Shoshone, Idaho. The Contractor shall be responsible for loading and hauling the Government owned seed from the warehouse to the work site. Seed will be available by appointment. Contact Tony Owens at (208) 732-7208 or (208) 308-3968.

7. Kind of Seed and Rate of Application: Mixed seed will be provided in 50-pound bags.

4,490 acres – 3.4 pounds per acre / approximate 15,300 pounds seed / approximate

8. Remarks and Other Requirements:

Contractor shall be required to start work within three days after being notified by the Contracting Officer’s Representative.

It is the Contractor’s responsibility to assure that the seeding equipment has suitable agitation and feeder mechanisms to evenly distribute the seed at the specified rate without damaging the seed.

TITLE: 2021 TFD FALL GRASS SEEDINGS Page 7

Item 02 – Split Butte Grass Seeding

1. Approximate Acreage: 3,993 acres

2. Location of Work Site as Shown on Work Location Maps: Project is located approximately 12 to 17 miles northeast of Minidoka, Idaho in Blaine County. The project includes public land. Average elevation varies from 4,600 feet to 4,900 feet.

3. Requirements of Equipment to be supplied by the Contractor: Sufficient to meet specifications of the contract.

4. Loading Site: Contractor shall be responsible for access to the site. Contractor shall have personnel on project site prior to commencing daily application, during application, and shall notify COR or Project Inspector of changing weather conditions.

5. Crew Requirements: Crew for handling seed and loading equipment shall be furnished by the Contractor.

6. Location of Seed to be Furnished by the Government: Shoshone Seed Warehouse, 317 State Hwy 75 N, Shoshone, Idaho. The Contractor shall be responsible for loading and hauling the Government owned seed from the warehouse to the work site. Seed will be available by appointment. Contact Tony Owens at (208) 732-7208 or (208) 308-3968.

7. Kind of Seed and Rate of Application: Mixed seed will be provided in 50-pound bags.

3,993 acres – 3.4 pounds per acre / approximate 13,600 pounds seed / approximate

8. Remarks and Other Requirements:

Contractor shall be required to start work within three days after being notified by the Contracting Officer’s Representative.

It is the Contractor’s responsibility to assure that the seeding equipment has suitable agitation and feeder

TITLE: 2021 TFD FALL GRASS SEEDINGS Page 8

Item 03 – Conner Grass Seeding

1. Approximate Acreage: 187 acres

2. Location of Work Site as Shown on Work Location Maps: Project is located approximately 3.5 to 4.5 miles southwest of Malta, Idaho in Cassia County. The project includes public land. Average elevation varies from 5,000 feet to 5,550 feet.

3. Requirements of Equipment to be supplied by the Contractor: Sufficient to meet specifications of the contract.

4. Loading Site: Contractor shall be responsible for access to the site. Contractor shall have personnel on project site prior to commencing daily application, during application, and shall notify COR or Project Inspector of changing weather conditions.

5. Crew Requirements: Crew for handling seed and loading equipment shall be furnished by the Contractor.

6. Location of Seed to be Furnished by the Government: Shoshone Seed Warehouse, 317 State Hwy 75 N, Shoshone, Idaho. The Contractor shall be responsible for loading and hauling the Government owned seed from the warehouse to the work site. Seed will be available by appointment. Contact Tony Owens at (208) 732-7208 or (208) 308-3968.

7. Kind of Seed and Rate of Application: Mixed seed will be provided in 50-pound bags.

187 acres – 7 pounds per acre / approximate 1,300 pounds seed / approximate

8. Remarks and Other Requirements:

Contractor shall be required to start work within three days after being notified by the Contracting Officer’s Representative.

It is the Contractor’s responsibility to assure that the seeding equipment has suitable agitation and feeder

TITLE: 2021 TFD FALL GRASS SEEDINGS Page 9

Item 04 – Rice Canyon Grass Seeding

1. Approximate Acreage: 385 acres

2. Location of Work Site as Shown on Work Location Maps: Project is located approximately 4.5 to 5 miles southwest of Malt, Idaho in Cassia County. The project includes public land. Average elevation varies from 4,850 feet to 5,200 feet.

3. Requirements of Equipment to be supplied by the Contractor: Sufficient to meet specifications of the contract.

4. Loading Site: Contractor shall be responsible for access to the site. Contractor shall have personnel on project site prior to commencing daily application, during application, and shall notify COR or Project Inspector of changing weather conditions.

5. Crew Requirements: Crew for handling seed and loading equipment shall be furnished by the Contractor.

6. Location of Seed to be Furnished by the Government: Shoshone Seed Warehouse, 317 State Hwy 75 N, Shoshone, Idaho. The Contractor shall be responsible for loading and hauling the Government owned seed from the warehouse to the work site. Seed will be available by appointment. Contact Tony Owens at (208) 732-7208 or (208) 308-3968.

7. Kind of Seed and Rate of Application: Mixed seed will be provided in 50-pound bags.

385 acres – 11 pounds per acre / approximate 4,250 pounds seed / approximate

8. Remarks and Other Requirements:

Contractor shall be required to start work within three days after being notified by the Contracting Officer’s Representative.

It is the Contractor’s responsibility to assure that the seeding equipment has suitable agitation and feeder

TITLE: 2021 TFD FALL GRASS SEEDINGS Page 10

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

1. Requirement - Contractor shall be required to utilize a Differentially Corrected Global Positioning System (DGPS) for electronic Navigation. System must be capable of utilizing ArcMap or ARC-INFO shape files created by the government and given to the Contractor on a USB Thumb Drive or by email.

(a) Ground flaggers and an auto-flagger system (if aircraft is utilized) can supplement the DGPS system, but not substitute for it.

(b) Differentially Corrected Global Positioning System (DGPS)

Navigation - DGPS is required for tracking, and data collection. The Contractor shall provide all guidance equipment, materials, computers, printers, personnel, and services required for the system to be used. The system shall be sufficiently sensitive to provide immediate deviation indications (real-time).

The DGPS system must be capable of determining a differentially corrected location with an error of no more than one to two meters in the horizontal plane. The guidance system shall be capable of updating current position at a rate of a minimum of one time per second. Differential correction must cover the complete operational area.

During operation, differentially corrected signal must be accurately recorded at least 90% of the operational time.

Differential correction may be, provided by a portable differential station, FM radio fixed towers, or satellite.

Software provided with DGPS must be designed for parallel offset in increments equal to the assigned swath width of the application equipment

Equipment Requirements:

Software: Software provided with DGPS must be designed for parallel offset in increments equal to the assigned swath width of the application equipment.

Project Log: Must be capable of a minimum rate of one-second logging intervals. Full record includes position, time altitude, speed, track, application system on/off, job name/number, and differential correction status. The computer program must be capable of calculating and show total acres treated during the flight, and, capable of downloading to a computer for analysis and review. The project log must show and differentiate between spray-on and spray-off when viewed on a computer monitor or printer.

Export files of each project log shall be provided and must be compatible with ArcMap or ARC-INFO GIS system on a USB Thumb Drive. The Contractor shall provide software that is compatible, and which will enable the files to convert into viewable files for ArcMap or ARC-INFO GIS.

The contractor must, upon request by the COR or Project Inspector, be able to supply project log data on a USB Thumb Drive for review at any time during the contract. The Contract will not be considered complete until the data has been reviewed and deemed complete with no skips in the seeded areas. The Contractor shall provide a map with project log data at the end of each day’s application.

The DGPS system must be capable of zooming in on any portion of the treatment to view a specific area with greater detail.

Hardware:

Visual Display Monitor and Control Keypad: (1) Capable of displaying swath width over project path: (2) mounted in a location that will allow the applicator to view the screen; (3) have a method to display nested polygons to indicate sensitive or no-spray areas within or adjacent to treatment blocks: (4) have a feature

TITLE: 2021 TFD FALL GRASS SEEDINGS Page 11 that allows the applicator to return to the exact location of application shutdown and complete application without omitted or doubled treated areas: (5) be able to input reference waypoints (A-B line): (6) have a feature which alerts applicator when they are about to enter or exit a specific treatment block or an exclusion area within a block.

Course Deviation Indicator (CDI): The course deviation indicator or course deviation light must have the capability to display both cross-track error and intercept angle to desired heading. Cross-track error shall be adjustable down to (1) foot.

Memory: Must be capable of storing up to 8 hours of continuous project log data.

2. Base of Operations - The Contractor shall provide such facilities as may be required for competent performance of contract. The use of any loading area shall be arranged by and at the discretion and risk of the Contractor, and the Government shall not be held responsible for any loss, mishap, or accident due to conditions of any site used. The Contractor shall provide appropriate warning signs for traffic if roads are used as loading sites.

3. Seeding

(a) General - The Contractor shall seed designated areas in conformance with these specifications and the Detailed Specifications. Unless otherwise specified, the Contractor shall furnish at work sites applicator(s) experienced in applying seed in rough, rocky or mountainous terrain, all equipment, labor, supplies, and materials required to complete the job. The Contractor shall service and repair his/her equipment as necessary to maintain satisfactory progress on work. The Contractor shall have personnel on project site prior to commencing daily application, during application, and shall notify COR or Project Inspector of changing weather conditions.

The COR or Project Inspector will allow Contractor to continue or stop application if weather factors dictate. The COR or Project Inspector will give the permission to start, approximately one (1) hour from notification of conditions, depending on location of project from the closest Twin Falls District’s Field Office. The Contractor will be allowed to work six days per week including Saturdays. Work will not be permitted on Sundays and holidays, unless authorized by the COR.

(b) Equipment

Equipment - The Contractor shall furnish enough equipment to satisfactorily seed the designated areas in the time specified as required in the Detailed Specifications. Equipment shall be capable of traveling at moderate speed and close enough to the ground for proper control and distribution of seed.

Communication - The Contractor shall furnish enough equipment to have communications with the Government either by using radio frequencies designated by the Project Inspector or by providing a radio to the Project Inspector.

Seed Bucket(s) or Hopper(s) - Seed bucket(s) or hopper(s) may include a mechanical agitation system to prevent the seed from bridging in the bucket or hopper. Equipment that cannot perform the specified work shall be modified or replaced by the Contractor. Equipment shall be equipped for carrying seed with an approved distribution mechanism complete with release, shutoff, and spreading device, which can be calibrated for spreading seed at the prescribed rate in a satisfactory manner and uniform pattern. Seed bucket(s) or hopper(s) shall include lids, which fasten securely to prevent seed from blowing out.

TITLE: 2021 TFD FALL GRASS SEEDINGS Page 12

Seeder Calibration - The Contractor shall calibrate seeding equipment prior to application on the project.

The Government will supply seed for calibration. However, the seed may not be available until approximately two days prior to the approximate start date of the project. Seed used for calibration shall be recovered for use on the project.

(c) Seed –Seed will be furnished by the Government at the location stated in the Detailed Specifications.

Contractor shall load and transport seed from the pickup point to the operational loading sites and shall be responsible for its protection from loss or damage due to weather, rodents, insects, theft, or any other hazard. Any seed damaged or lost, while in the custody of the Contractor, will be replaced by the Government, and actual cost to the Government for replacement will be deducted from payments due the Contractor. All unused seed shall be returned to the pickup point by the Contractor or nearer destination, if so directed, upon completion of work or termination of the contract.

(d) Seeding Operation

Rate of seeding - Seed shall be distributed at the rate stated in the Detailed Specifications, or as directed by the Contracting Officer. Some seeding rates may be slightly reduced due to availability of seed.

Seeding Conditions - Seed shall not be applied when the wind speed exceeds ten miles per hour unless permission is given by the COR in writing.

Coverage - The entire surface within the designated boundaries of the job area shall receive uniform coverage with the seed except for such areas as may be excluded by Government. Areas excluded from seeding operations within the work site boundaries shall not be included in the acreage computed for payment. Such areas will be specified in advance of seeding operations on work maps. Seeding strips shall be patterned in such a manner as to secure as high a uniformity of seed distribution as practicable.

Such distribution shall not vary more than fifteen (15) percent above or below the average distribution of seed per unit of surface specified for the area concerned. Application shall be made to obtain proper distribution and uniform coverage of seed. Checks will be made as operations progress to determine uniformity of application. Any areas missed by the Contractor or seeded to less than the concentration specified shall be reapplied and brought up to standard, compensated by seeding additional acreage, or by suitable deduction from the contract price, at the option of the Government, and at no additional cost to the Government.

Seed openings of the distribution mechanism shall always be checked at enough intervals to insure proper functioning and even distribution of seed . If at any time inspection of equipment reveals that seed openings are not properly operating or that feeders are blocked by trash, the Contracting Officer may require re-seeding of that portion of the area that the Government determines was not properly seeded, at no additional cost to the Government.

Project site include varying land patterns. State and/or private land can be surrounded by BLM lands or BLM lands may be surrounded by private and state lands. Contractor shall be capable of seeding small irregular shaped areas and avoiding lands not owned by the BLM that are not included in this contract.

All four project sites are in rocky mountainous terrain. Contractor shall be capable of applying seed in contour patterns at a fixed height above the varying ground elevation. If aircraft is utilized, Contractor WILL NOT be allowed to apply seed at one fixed elevation for entire project site. Project sites may be muddy. Contractor cannot apply seed if seeding equipment will disturb project area in any way. Any wheel, track, or other marks will not be allowed.

TITLE: 2021 TFD FALL GRASS SEEDINGS Page 13

Tests for uniformity and rate of application - The Government will make tests as operations progress to determine uniformity of seeding. Standards of performance will be determined by adequate weight records of seed applied on each individual path and for each particular seeding strip covered, and ground recovery of samples of seed actually distributed. All work of weight recording and ground recovery will be done by the Government at no cost to the Contractor. Should the Contractor wish to object in any way to the weight recording and/or ground recovery sampling done at any particular time by the Government, the Contractor shall be present in person or by authorized representative to voice said objections when said weight recording and/or ground recovery samplings are done, and to agree upon new records and/or samples at the time, where after the weight recording and ground recovery sampling done by the Government shall be final and binding in the settlement of the contract.

Work stoppages - The Government reserves the right to stop seeding operations at any time when seeding conditions are considered sufficiently unfavorable to warrant stoppage. Stoppage shall continue until seeding operations, are again authorized by the Government. Because of the nature of the work, any time for which work is suspended by the Government because of unsuitable seeding conditions, will not be counted against the contract completion time. However, no monetary compensation will be given to the Contractor by reason of such work suspension. Contractor agrees to work diligently to complete the seeding application. Partial days in which any amount of seeding was accomplished may be counted as full days of performance time if the Government deems Contractor is not being diligent in completing the contract.

Completion of Contract - The Contract will be considered completed and payment due when all seed furnished to the Contractor by the Government has been seeded to the standards specified above; or when all areas designated under the contract have been seeded to the said standards; or if performance under the contract is ordered terminated by the Government.

Safety Hazards - Any ground or above ground hazards that would pose a danger to Contractor’s personnel or operating equipment must be identified and mitigated by the Contractor prior to commencing operations.

(e) Payment - Measurement for payment for seeding will be the actual area, in acres, within the designated boundaries satisfactorily seeded in conformance with these specifications. Measurement will be made from the ArcGIS polygons provided by the government. Acreages will be computed from horizontal distances as shown on maps. Payment will be made at the unit price per acre specified in the Bid Schedule and shall include the cost of all work described in this paragraph and the Detailed Specifications, including any re-seeding, if such work is required. Acreages will not be computed from DGPS acreages covered. Contractor must factor in additional seeding application time required for coverage of the polygons, complete seeding, and any contour application that may be required to properly cover the area.

TITLE: 2021 TFD FALL GRASS SEEDINGS Page 14

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:

__ (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 TFD FALL GRASS SEEDINGS Page 15

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.

TITLE: 2021 TFD FALL GRASS SEEDINGS Page 16

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 TFD FALL GRASS SEEDINGS Page 17

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 TFD FALL GRASS SEEDINGS Page 18 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 TFD FALL GRASS SEEDINGS Page 19

(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…