Sol_140L5221Q0026.pdf

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BLACK PINE CHAINING PFO FY21 Federal contract opportunity
Solicitation number
140L5221Q0026
Issued by
Department of the Interior Bureau of Land Management

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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)

0004276377 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

08/18/2021 1000 MD

08/04/2021

(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

140L5221Q0026

5. SOLICITATION NUMBER

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

1 43 0040544683OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

POCATELLO ID 83204

4350 CLIFFS DRIVE

BLM-ID POCATELLO FIELD OFFICE

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 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: 10/30/2021

00010 Chaining Product/Service Code: F006 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- LAND TREATMENT PRACTICES

Period of Performance: 09/15/2021 to 10/30/2021 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.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

43 2 of

SOLICITATION NO: 140L5221Q0026

TITLE: BLACK PINE CHAINING PFO FY21 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 140L5221Q0026. 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.

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, August 16, 2021 Time: 09:00AM MDT Meeting Place: Maverik Gas Station 296 E 50 S, Malad City, ID 83252 Point of Contact for Site Visit: Kasey Hill

Questions Due Date: Wednesday, August 18, 2021 at 10:00AM Mountain Daylight Time. All questions shall be emailed directly to the Contracting Officer. Only written Requests for Information (RFI) with the solicitation number in the subject line will be considered and responded to by the Government. BLM responses to RFIs will be posted as an amendment to the solicitation.

Due Date: Monday, August 23, 2021 at 10:00AM Mountain Daylight Time. Quotes will be accepted via Email to Nathaniel Bertels at nbertels@blm.gov with the solicitation number in the subject line. 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 https://www.sam.gov/

TITLE: BLACK PINE CHAINING PFO FY21 Page 4

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 12

Section 3: List of Documents, Exhibits, and Other Attachments 26

Section 4: Solicitation Provisions 27

TITLE: BLACK PINE CHAINING PFO FY21 Page 5

SECTION 1: BID SCHEDULE

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

Item Number Item Description Estimated Quantity

Unit of Measure

Unit Price Total

00010 Black Pine Chaining

1,844 ACRE $ $

TOTAL (ALL OR NONE) $

Estimated Start Date: 09/15/2021 Total Estimated Acres: 1,844

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: BLACK PINE CHAINING PFO FY21 Page 6

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PART 1: GENERAL

1.01 SUMMARY:

A. Description of Work, Specifications and Limitations: Furnishing labor, equipment, supplies, and materials, except for specified Government-furnished property (Ely chain and associated attachments) to one-way chain approximately 1,844 acres of recently and previously burned project sites to remove burned pinyon-juniper skeletons and to create microsites for seed germination. Seed will be aerially applied prior to this chaining and will be done with a separate contract. The contractor must be available within a two-week period after seed is applied and before the area has inclement weather conditions (deep snow, frozen ground). The project area to be chained is located within the 2020 Black Pine Fire boundary located in Oneida County, Idaho.

The treatment boundaries will be outlined on a map provided by the BLM. The contractor will be responsible for the following treatment boundaries with a Global Positioning System (GPS) or similar navigation device that ensures the necessary accuracy to adhere to project boundaries. The contractor may flag unit boundaries if needed, but flagging must be taken down when the project is complete.

The terrain varies from gently to moderately rolling hills. Two steel tracked tractors (or bulldozer) with drawbars capable of towing the Ely Chain (Approximately 23,000 lbs.) will be required to complete the work. Contractors shall submit a bid on a per acre basis for the treatment.

B. Chaining Specifications: The following is a detailed summary of the work required to complete the chaining treatment for the unit.

Type of Work: The project involves single pass chaining of recently and previously burned, standing juniper. Regardless of presence of standing trees, the entire acreage is to be treated with the Ely chain to ensure micro-sites for seed germination.

C. Treatment Acreage and Areas

Acreage of the project area is approximately 1844 acres. The attached map delineates the project area boundaries. Leave areas and avoidance areas may be included prior to implementation of the project to mitigate sensitive resource concerns and may result in further acreage reduction.

The area for chaining occurs on a burned flat and gently rolling slope considered to be moderate terrain with some rocks. Tree cover in the area ranges from sparse to dense with size ranging up to 20 plus inch diameter at root collar (DRC). If areas are encountered that are excessively steep (> 30 percent slope) or rocky, the contractor shall discuss these with the COR to determine proper course of action.

D. Treatment

The chaining shall be conducted with a single pass. This pass will be conducted after it is aerially seeded with a separate contract.

The tractors will pull the Ely chain in a “J” or “U” formation. The contractor shall adjust tractor spacing or chain length to ensure the chain is “rolling” along the ground as much as possible to prevent dragging and piling of trees.

TITLE: BLACK PINE CHAINING PFO FY21 Page 7

In some areas there will be juniper skeletons from the fire that will be chained over and in other areas the chain will be used to incorporate seed into the ground to help with recruitment.

Tractors must be capable of pulling the chains at a speed sufficient to roll the chain and prevent litter piling. Chain shall not be pulled at a speed in excess of 4 mph. The spacing between tractors will be sufficiently narrow to result in a maximum lateral spacing from swivel to swivel of one half the length of the chain that is being used. As an example, pulling a 240’ chain would be limited to the maximum spacing of 120’ from swivel to swivel so that the chain will sufficiently turn the soil to create microsites for seed. The BLM representative has the option of reducing tractor spacing below the minimum specified to accommodate specific terrain or other conditions. Trees will be left as they lie following the chaining and no piling or windrowing will be required. Any internal roads through the project site must be cleared of all debris left by the chaining operation.

The project involves chaining one polygon totaling approximately 1844 acres of burned juniper/sagebrush areas. The site will be chained in one direction. The chaining will be done on the contour as much as possible. This is important for the improvement of the watershed because seeding on the contour reduces the amount of overland flow during runoff periods (Spring melt, Thunderstorms, etc.).

The contractor is required to protect and avoid archaeological sites, survey markers, existing physical structures and springs located within the project area from damage or removal. In case of destruction or removal by the contractor, they will be replaced or repaired by the contractor at the contractor’s expense. These special areas will be delineated within the avoidance areas and identified within the project area on a map provided at the commencement of work by the BLM.

E. Loading, Unloading and Transporting Property

The contractor shall be responsible for providing the necessary handling equipment to load and unload materials and equipment from the designated staging area. The contractor is responsible for any damages incurred to the materials and equipment, incorporated into the work, while loading, unloading, and transporting to and from the project site. The contractor is responsible for loading all of the equipment in coordination with the BLM, transporting to the project site, unloading and assembling all of the equipment at the project site.

Loading and unloading of equipment should occur on established roadways or within the treatment units. The contractor shall coordinate and gain approval of the COR for mobilizing the equipment to the project site. At no time shall the chain be drug in a length wise fashion by one single tractor, to not create a rut or a ditch.

F. Equipment Maintenance and Repairs

The contractor is responsible for all maintenance and repairs of contractor furnished equipment. The contractor shall furnish all necessary lubricating equipment, proper lubricants, and service tools to conduct minor maintenance to the tractors at the work site. The contractor is responsible for checking parts of the Ely chain periodically to ensure no complications and efficient operation.

The contractor shall be equipped to do repairs on tractors and chain at the work site.

The BLM will supply the Ely Chain and parts for the chain including pigtail chains, swivels, clevises, and pins that fail due to normal wear. The contractor will be responsible for parts to the chain

TITLE: BLACK PINE CHAINING PFO FY21 Page 8 damaged due to negligence. The contractor will be responsible for all the installation or repairs of all parts, including those necessitated by normal wear or breakage, and negligence.

Contractor must get approval from COR for any modifications to the chain assembly. The contractor is responsible for returning the Ely chain without damage and in good working condition. The contractor is responsible for returning the swivels free of rock, vegetation and other debris, and lubricated.

Areas needed to work and maintain equipment within the treatment unit may be cleared of vegetation while minimizing soil disturbance. These work areas are to be kept to the minimum amount of area required and will not exceed 1/10th of an acre. The BLM will be notified of all of these locations.

Upon completion of the work, the contractor will be responsible for hand seeding these areas with seed provided by the BLM.

G. Work Location and Access

The work units are depicted on the provided maps. The BLM will provide a map upon commencement of project that includes avoidance areas. Range improvements or other physical structures damaged or removed during chaining operations shall be repaired or replaced at the contactor’s expense.

Access to the project location will be provided by the BLM upon commencement of the project.

Maps and shapefiles will be provided to the contractor depicting the best route for the contractor to follow depending on where the contractor is travelling to the project from.

Overland travel may be permitted on a case-by-case basis and shall be coordinated with the BLM during the pre-work meeting and as needed during implementation.

H. Environmental Considerations

The project site shall be cleaned up, and all refuse removed to an approved landfill at the contractor’s expense. Existing access roads and trails within the project area that are damaged by the contractor shall be restored at the contractor’s expense to the same condition they were at the commencement of work. No new roads shall be constructed during implementation. Any temporary roads or trails created will be rehabbed by the contractor.

Staging or Fueling Areas – Any staging or fueling or maintenance of equipment shall be approved by the BLM. Any on-site fuel storage tanks shall have a catchment barrier placed underneath the tank to prevent fuel from entering the soil. To prevent excess ground disturbance and potential access roads, the chain shall be disconnected from the tractors prior to moving them to a fueling or maintenance staging area.

Excessive Disturbance – The tractors shall be configured in a “J” or “U” formation to prevent,excessive dragging of the chain. The operators shall configure the tractors in a fashion, so the chain is rolling as much as possible to prevent excessive soil damage.

Saturated Soils – Chaining shall not occur when the soil is saturated or where there is sufficient soil moisture that the equipment is leaving substantial ruts as determined by the COR or designated representative. If and when these conditions are encountered, the contractor shall stop work and notify the COR or representative. Any ruts will need to be rehabbed by the contractor.

TITLE: BLACK PINE CHAINING PFO FY21 Page 9

Cultural – Identified cultural sites, cadastral survey markers and other leave areas shall not be disturbed by equipment or the chaining operation. Execution of the work shall be planned in a manner to reduce multiple passes on the same piece of ground with the chain.

Weed Control – Vehicles and other equipment used for implementation of the project shall be washed and any mud, vegetation, or other debris sprayed off prior to entering the project site.

Fire Prevention/Suppression – All diesel and/or gasoline operated engines shall be equipped with a spark arrestor that meets standards in the National Coordinating Group publication for Multiposition Small Engines, #430-4. All machines powered by an internal combustion engine shall have at least one 10 lb. ABC rated fire extinguisher or equivalent. The contractor must remove all wood and debris from equipment daily. The contractor must have one 10 lb. ABC rated extinguisher, one shovel, and five gallons water readily available adjacent to grinding or welding operations.

1.02 QUALITY ASSURANCE:

A. Codes and Standards: The work shall comply with codes and standards applicable to each type of work and as listed in the individual sections of these specifications. This Contract incorporates materials, applications, and tests by reference, with the same force and effect as when they were given in full text.

B. Conflict: Where a conflict occurs between reference documents and project specifications, the project specifications shall govern.

1.03 DELIVERY, STORAGE, AND HANDLING:

A. Delivery: The Contractor shall protect products, incorporated into the work, from damage while in transit to the site.

B. Storage: The Contractor may store the Ely chain at site during the project.

C. Handling: The Contractor shall load and unload products in such a manner that protects them from damage until installation on the project.

1.04 SEQUENCING AND SCHEDULING:

Work Schedule: The schedule shall be submitted at the pre-work conference. When requested, the Contractor shall submit an updated schedule within 3 calendar days.

Work Camp: Camping will be allowed during project implementation only at sites that have been approved in advance by BLM. All fire regulations and permits shall be followed. All garbage and refuse shall be removed from the camp site by the contractor at the time of project completion.

TITLE: BLACK PINE CHAINING PFO FY21 Page 10

PART 2: PRODUCTS

2.01 EQUIPMENT:

Equipment to be Furnished by the Government:

Equipment Estimated Description Quantity Unit

Ely anchor chain 1 EA Length: ≈ 250 ft Weight: ≈ 23,000 lbs.

Repair parts for chain as needed

The BLM will also supply a connection device to attach chain to tractors.

Equipment to be furnished by the Contactor:

1. 2 tractors with operators

The contractor will be responsible for furnishing two tractors capable of pulling the aforementioned Ely chain assembly which is suspected to be approximately 220-250 feet and approximately 23,000 lbs. The tractors shall have a minimum drawbar horsepower rating greater than 200 hp for each tractor (D8, D9, or equivalent). The tractors must be furnished with skilled and experienced operators and the necessary support. Equipment shall be clean and in good working order and free of fluid leaks. Spills of any fluids will be the contractor’s responsibility to properly mitigate and clean. All spills shall be reported to the BLM representative.

2. GPS Units

The contractor shall, at a minimum, provide one (per tractor) functioning GPS unit capable of uploading shapefiles and displaying them in a manner that can be followed by the contractor’s personnel. It is expected that the individual assigned by the contractor who is responsible for using the GPS unit to follow and/or mark project area boundaries will be able to operate and troubleshoot the GPS unit.

3. Communication

Tractor operators shall be able to reasonably communicate to one another while chaining to ensure proper alignment and deployment of the chain and to avoid restricted chaining areas. The contractor is responsible for establishing a communication protocol with the tractor operators.

PART 3: EXECUTION

3.01 PROJECT MEETINGS:

A. Pre-Work Conference:

1. Notification: A pre-work conference will be held prior to the start of work. The Contractor will be

TITLE: BLACK PINE CHAINING PFO FY21 Page 11 notified in advance of meeting time, date and place. The purpose will be to review required work, project drawings and specifications, schedules, payments, and administrative provisions of the Contract.

2. Attendance: The Contractor, subcontractors and the persons responsible for coordination of the work shall be present at the meeting.

3. Presentation: The Contractor shall be prepared to summarize and explain procedures planned for the project.

B. Progress Meetings:

1. Location: Meetings shall be held at the project site, or as determined by the Contracting Officer.

2. Notification: Meetings may be called by either the Contracting Officer or the Contractor. Request shall state who should attend.

C. Final Inspection:

1. Location: Meeting shall be held at the project site, or as determined by the Contracting Officer.

2. Notification: The Contractor shall notify the Contracting Officer in writing at least 3 working days before the completion date so the Government can schedule final inspection.

3. Attendance: The Contractor shall require the superintendent to be present during this inspection.

3.02 WORK LAYOUT:

Requirements: The Government will provide maps and shapefiles of the project. The BLM will flag or mark any sensitive areas. The contractor may flag boundaries if needed, but all flagging must be removed at the end of work. Baseline monuments or benchmarks disturbed or removed during construction shall be reset by the Contractor at the Contractor's expense.

PART 4: MEASUREMENT

4.01 METHOD OF MEASUREMENT

A. Units: Chaining of trees and vegetation and covering of seed will be measured and paid for by the number of acres chained to the nearest whole acre. The BLM estimates this project at 1844 acres. The minimum acres paid after all sensitive areas are taken out is expected to be close to this estimate, but minimum acres paid would be 1700 even if more acres are reduced.

B. Measurement: The determination of the acreage of completed work will be made from maps, aerial photos or through use of the Global Positioning Satellite System. Area measurements required under this Contract will be measured on a horizontal plane.

TITLE: BLACK PINE CHAINING PFO FY21 Page 12

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) 52.236-3 Site Investigation and Conditions Affecting the Work (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)).

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

TITLE: BLACK PINE CHAINING PFO FY21 Page 13

__ (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.)

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).

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__ (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.

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).

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__ (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, 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.

TITLE: BLACK PINE CHAINING PFO FY21 Page 16

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial 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.

TITLE: BLACK PINE CHAINING PFO FY21 Page 17

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–

(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

TITLE: BLACK PINE CHAINING PFO FY21 Page 18 procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L.115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

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

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions…

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