Sol_140L2623R0004.pdf

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Attached to
BIL BOSH PROJECT - PILING 2023 Federal contract opportunity
Solicitation number
140L2623R0004
Issued by
Department of the Interior Bureau of Land Management Idaho Region

About this file

This is a solicitation for vegetation management services to reduce juniper encroachment on sagebrush-steppe habitat in Idaho. The Bureau of Land Management Owyhee Field Office is seeking hand piling and cutting and piling of western juniper across several units totaling approximately 617 acres. Services include hand piling across 87 acres divided among three units, and cut and pile work across 523 acres at Bull Meadows and 166 acres at Kiosk. Quotes are due by June 23, 2023. Pricing is to be provided by unit and canopy cover class. Awards may be made for a single unit or any combination of units. The prevailing wage determination sets rates for occupations such as faller/bucker, forestry equipment operator, and general forestry laborer. The performance period is July 17 to September 30, 2023.

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BOSH_Hand_Piling_140L2623R0004_Site_Tour_0002.pdf PDF
Sol_140L2623R0004_Amd_0002.pdf PDF
Sol_140L2623R0004_Amd_0001.pdf PDF
BOSH_Piling_2023_Maps.pdf PDF

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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

LDA

BOISE ID 83709

1387 S. VINNELL WAY

BLM ID STATE OFC HR&ADMN (ID953)

0004276360 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORLDA

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/23/2023 1000 MD

05/31/2023

2083733910Patricia Fort (No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

140L2623R0004

5. SOLICITATION NUMBER

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

1 52 0040603490OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

BOISE ID 83705-5389

3948 DEVELOPMENT AVE

BLM-ID BOISE DISTRICT OFFICE*

15. DELIVER TO

BOISE ID 83709

1387 S. VINNELL WAY

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$34

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

ISSUE DATE

DELIVERY FOR 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-STATE OFC HR&ADM SVC (ID953)

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.

Period of Performance: 07/17/2023 to 11/13/2023

00010 Hand Piling Product/Service Code: F014 Product/Service Description: NATURAL

RESOURCES/CONSERVATION- TREE THINNING

Delivery: 11/13/2023

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Patricia Fort

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE 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 Bull Meadows Cut, Pile, and Cover

Product/Service Code: F014

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- TREE THINNING

Delivery: 09/30/2023

Period of Performance: 07/17/2023 to 09/30/2023

00030 Kiosk Cut, Pile, and Cover

Product/Service Code: F014

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- TREE THINNING

Delivery: 09/30/2023

Period of Performance: 08/01/2023 to 09/30/2023

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

52 2 of

SOLICITATION NO: 140L2326R0004

TITLE: BIL BOSH PROJECT - PILING 2023 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 140L2623R0004. This document incorporates provisions and clauses which are in effect through Federal Acquisition Regulations 2023-02. This solicitation is set-aside for small business under North American Industry Classification System (NAICS) code 115310. The Small Business Annual Receipts for the preceding three (3) fiscal years does not exceed $34.0 Million.

A Pre-Bid Meeting will be held (Please RSVP to Steve if you plan on attending)

Date: Monday, June 12, 2023 Time: 11:00 am MT Meeting Place: BLM, Boise District Fuels Office, Table Rock Room, 3948 Development Avenue, Boise, ID 83706 Point of Contact: Steve Jimenez (208) 871-7543

Due Date: Friday, June 23, 2023, at 10:00 am MT. Quotes will be accepted via Email at pfort@blm.gov.

Offerors must be registered and active in the System for Award Management (SAM) database found at https://www.sam.gov.

In accordance with this Solicitation Section 4 - Solicitation Provisions

See FAR 52.212-2 Evaluation - Commercial Items

The overall proposal shall consist of a completed Standard Form 1449, completed Bid Schedule, and a detailed work plan that demonstrates the capability to meet the technical aptitude of the Statement of work. NOTE: Submit only the requested items above, not the entire Solicitation.

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

❏ Is the unit price legible?

❏ Is the extended price correct?

❏ Have you initialed any changes or erasures?

https://www.sam.gov/

TITLE: BIL BOSH PROJECT - PILING 2023 Page 4

TABLE OF CONTENTS

Section 1: Solicitation/Contract Form See Standard Form 1449

Section 2: Contract Clauses 15

Section 3: List of Documents, Exhibits, and Other Attachments 30

Section 4: Solicitation Provisions 35

TITLE: BIL BOSH PROJECT - PILING 2023 Page 5

SECTION 1: BID SCHEDULE

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

2023 Bruneau-Owyhee Sage-Grouse Habitat (Bosh) Project Piling

HAND PILING AND COVER

Item No. Description Estimated

Quantity Unit Unit Cost Total Cost

1 Johnston Draw Unit 55 ACRE $ $

2 South Mountain Units 7 ACRE $ $

3 Mud Flat Units 25 ACRE $ $

HAND PILING AND COVER TOTAL $________________

BULL MEADOWS CUT, PILE AND COVER

Item No. Description Estimated

Quantity Unit Unit Cost Total Cost

1 0-1% CC, Cut, Pile and Cover 1 ACRE $ $

2 1-4% CC, Cut, Pile and Cover 105 ACRE $ $

3 4-10% CC, Cut, Pile and Cover 102 ACRE $ $

4 10-20% CC, Cut, Pile and Cover 90 ACRE $ $

5 20-50% CC, Cut, Pile Cover 216 ACRE $ $

6 >50% CC, Cut Pile and Cover 10 ACRE $ $

BULL MEADOWS CUT, PILE AND COVER TOTAL $_______________

TITLE: BIL BOSH PROJECT - PILING 2023 Page 6

KIOSK CUT, PILE AND COVER

Item No. Description Estimated

Quantity Unit Unit Cost Total Cost

1 0-1% CC, Cut, Pile and Cover 15 ACRE $ $

2 1-4% CC, Cut, Pile and Cover 48 ACRE $ $

3 4-10% CC, Cut, Pile and Cover 24 ACRE $ $

4 10-20% CC, Cut, Pile and Cover 20 ACRE $ $

5 20-50% CC, Cut Pile and Cover 59 ACRE $ $

KIOSK CUT, PILE AND COVER TOTAL $_______________

GRAND TOTAL (ALL UNITS) $______________

More than one contract award may be made under this solicitation. You may quote on a single Unit or any combination of Units. Bids will not be considered for only a part of the Unit. Award will be made to the Lowest Price Technically Acceptable bidder for Unit 1, or Unit 1 + Unit 2, or Unit 1 + Unit 2 + Unit 3, subject to the availability of funds.

Prices must be good for 60 Days.

TITLE: BIL BOSH PROJECT - PILING 2023 Page 7

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

Bruneau-Owyhee Sage-Grouse Habitat (BOSH) Piling 2023

1. Introduction: The Owyhee Field Office of the Boise District, Bureau of Land Management (BLM) is acquiring vegetation management services to reduce juniper encroachment within a sagebrush-steppe habitat.

2. Background: In accordance with the Bureau of Land Management’s Owyhee Field Office Resource Management Plan and Bruneau-Owyhee Sage-Grouse Habitat Project Environmental Impact Statement DOI-BLM-ID-B000-2014-0002-EIS it has been determined that western juniper treatments are necessary to respond to the threat of sagebrush-steppe habitat loss. This decision authorizes approximately 617,000 acres to be treated within a 10–15-year timeframe.

3. Purpose: To improve and maintain sagebrush steppe habitat by removing encroaching western juniper to benefit the greater sage-grouse and other wildlife.

4. Scope of Work

Hand Piling:

Johnston Draw Unit: 55 Acres. Piling. Contractor will be required to hand pile western juniper within the unit boundaries.

South Mountain Unit: 7 Acres. Piling. Contractor will be required to hand pile western juniper within the unit boundaries.

Mud Flat Unit: 25 Acres. Piling. Contractor will be required to hand pile western juniper within the unit boundaries.

Cut and Pile:

Bull Meadows: 523 Acres. Cutting and piling. Contractor will be required to hand sever western juniper trees regardless of size or tree status within the unit boundaries. Cut juniper is to be hand piled and covered.

Cut and Pile

Kiosk: 166 Acres. Cutting and piling. Cutting and piling. Contractor will be required to hand sever western juniper trees regardless of size or tree status within the unit boundaries. Cut juniper is to be hand piled and covered.

Please see Element 13 for treatment specifications for each unit.

The Contractor will furnish all tools, labor, supervision, equipment, materials, supplies, transportation, training, and incidentals necessary to accomplish the task in accordance with the specifications provided.

TITLE: BIL BOSH PROJECT - PILING 2023 Page 8

5. Location of Treatment Areas: Hand piling contract units are spread out in Owyhee County. 1 is 4 miles south of Reynolds, the 2nd will be 25 miles southeast of Jordan Valley, OR, and the 3rd will be down the Mud Flat Road 41 miles south of Grandview, ID. Numerous unimproved roads and trails stem from these main roads and provide additional access routes. Bull Meadows unit is 6 miles south of Reynolds, ID, which can be accessed either from Murphy up Rabbit Creek, or Reynolds Creek at the Wilsons Ferry crossing.

Kiosk unit is 40 miles south of Jordan Valley, Or via the Mud Flat Road.

6. Project Boundary Marking: The location and access to the unit(s) are shown on the vicinity and unit map(s). The unit boundaries may be identified by flagging, roads and fences as shown on the respective unit maps. Not all unit boundaries may be marked, it will be up to the contractor to identify and verify boundaries in the field using maps and electronic devices to stay within the unit(s).

7. Vehicle Access and Use: Two-wheel drive vehicles will be able to drive Mudflat Road, South Mountain Road, during DRY conditions as they are well maintained routes. 4x4 equipped vehicles and/or UTVs are strongly recommended to access two tracks within units. Access roads into the unit(s) can be considered rough primitive 2 track roads.

Rubber tire UTVs/ATVs may travel off-road to access the trees. UTV and ATV use may be restricted where needed to protect sensitive plant and animal populations and cultural resources or avoid noxious weed locations.

Only single-pass cross-country travel by UTVs/ATVs will be allowed to avoid creation of trails or visible tracks. Cross country travel by ATV/UTV is not permitted when soils are saturated; travel is only authorized when soils are firm

Juniper treatment equipment including vehicles (trucks and ATVs/UTVs) will be thoroughly inspected and washed prior to use in the project area to reduce the potential for noxious weed or invasive species spread. Inspection and washing of equipment, etc. will be documented in project implementation records.

If roads or any type of access become impassable or subject to damage, because of adverse weather conditions or other natural and/or social reasons, the COR will relay information to the Contractor, and a Stop Work Order may be implemented by the CO until other access can be obtained.

8. Notification of Cessation or Restart of Work: The Contractor will notify the Contracting Officer's Representative (COR) at least 3 days before they plan to start operations. Contractor will also notify the COR whenever he intends to cease operations for one or more days and will tell the COR at that time when they plan to resume operations.

9. Personnel/Equipment Requirements: The Contractor must always maintain an adequate work force to ensure timely completion of the work and is responsible for the crew knowing the requirements of the contract. The crew is also responsible for maintaining a safe working environment following OSHA standards. Due to the remote nature of this work a satellite phone is required in case of emergencies. The Contractor must attend the pre-work meeting and provide a written performance plan, including crew size, prior to beginning work.

TITLE: BIL BOSH PROJECT - PILING 2023 Page 9

10. Contractors Representative: Two Contractor Representatives (foreman) must be designated by the Contractor. A Contractor Representative must be on-site always directing work. This person must be fluent in English and will also serve as an on the ground contact person for the COR/PI. Failure to maintain a Contractor Representative will result in suspension of work until an acceptable on-the-ground Contractor Representative is provided. A maximum of five (5) days will be allowed to produce a qualified Contractor Representative. Failure to do so within five days may result in the Contracting Officer (CO) issuing a Suspend Work Order. CO and COR must be informed of any changes of Contractor Representative.

11. Camping: Camping on agency-administered lands will only be allowed on site(s) pre-approved by an authorized officer. Camping areas for cutting crews will be identified and surveyed for cultural resources prior to use of that camp location. Some camp sites have been preidentified and cleared for use, ask the COR for details. The Contractor shall maintain all camping areas in an orderly and sanitary manner. The ordering and maintenance of portable toilets and dumpsters is the responsibility of the contractor. All fire regulations and restrictions shall be followed. All garbage and refuse shall be removed from the camp site(s) by the Contractor and disposed of off-site before final payment is made.

12. Detailed Unit Information: All units are considered remote with limited cellular phone service on site.

The closest location for full services (gas/motel/restaurant/grocery) is 11-40 miles away from the project unit(s) in Jordan Valley, OR, or in Grandview, ID. Travel time between Jordan Valley and Grandview to the project unit(s) is estimated at .5 to 2 hours depending on the unit. All travel times are estimates and are dependent on vehicles, speeds, and work location within the perspective unit.

13. Specifications for Treatment: The Canopy Cover and Item Level for each Unit are only estimates. It is up to the bidder to independently verify the accuracy of the canopy cover and cost per acre.

Hand Piling and Cover: 87 Acres - Contract is comprised of three (3) separate units.

Johnston Draw Unit - Hand Piling in Lop Area-55 Acres 95% acres will need to be hand piled after slashing (See map)

South Mountain Unit - Hand Piling in Lop Area which is comprised of two (2) separate areas. 7 Acres 95% acres will need to be hand piled after slashing (See map)

Mud Flat Unit - Hand Piling in Lop Area which is comprised of two (2) separate areas. 25 Acres 95% acres will need to be hand piled after slashing (See map)

i. Start date for Mud Flat Unit: September 12, 2023

ii. End date for Mud Flat Unit: November 13, 2023

iii. Period of Performance - 62 Calendar Days

Bull Meadows Cut, Pile and Cover: 523 Acres

Item 1 - 0-1% CC, Cut, Pile and Cover - 1 Acre Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 0-1%.

Item 2 - 1-4% CC, Cut, Pile and Cover - 105 Acres Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 1-4%.

Item 3 - 4-10% CC, Cut, Pile and Cover - 102 Acres Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 4-10%.

TITLE: BIL BOSH PROJECT - PILING 2023 Page 10

Item 4 - 10-20% CC, Cut, Pile and Cover - 90 Acres Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 10-20%.

Item 5 - 20-50% CC, Cut, Pile and Cover - 216 Acres Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 20-50%.

Item 6 - >50% CC, Cut, Pile and Cover - 10 Acres Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be >50%.

Kiosk Cut, Pile and Cover: 166 Acres - Kiosk is comprised of one (1) area.

Item 1- 0-1% CC, Cut, Pile and Cover - 15 Acres Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 0-1%.

Item 2 - 1-4% CC, Cut, Pile and Cover - 48 Acres Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 1-4%.

Item 3 - 4-10% CC, Cut, Pile and Cover - 24 Acres Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 4-10%.

Item 4 - 10-20% CC, Cut, Pile and Cover - 20 Acres Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 10-20%.

Item 5 - 20-50% CC, Cut, Pile and Cover - 59 Acres Canopy cover of the material to be lopped and left to a height of 48 inches is estimated to be 20-50%.

Cutting Specifications: Apply to all units and items listed for Bull Meadows and Kiosk:

(a) 100% of live and dead juniper trees in any condition will be severed at the stump and left on site.

(b) No live branches will remain on the stump after the juniper tree is cut and the remaining stump height shall be ≤8 inches from the ground on the uphill side.

(c) 100% of juniper material (live or dead) on the landscape will be slashed to a height of ≤ 4 feet (48 inches or 1.2 meters) as measured from ground level.

(d) Any tree that is severed/slashed and impedes any road, two-track, trail, or barrow ditch/road cut will be moved to allow travel by vehicles or UTV/ATV and upkeep of roads.

(e) No trees will be felled into or within avoidance sites. Avoidance sites shall be identified by crew foreman and communicated to all crewmembers prior to commencing work in each unit.

Piling Specifications: Apply to all units and items listed above:

Hand Pile Construction:

(a) All juniper material within specifications from all live or dead Juniper trees on site between ½” and not exceeding 7” diameter shall be piled. Slash less than ½” diameter, or 2 feet in length may be left on ground. Slash left on ground shall not exceed 6 inches in depth.

(b) Each pile should have a minimum of 2 cubic feet of small sized slash (small branches less than ¼ to ½ inch diameter and/or small branches with needles attached) to provide “kindling” for prompt ignition and to aid in combustion of larger slash. The kindling shall be placed on the downhill side or in the center of the pile on flat terrain. On slopes over 15 percent material shall be piled parallel to the slope so the material does not roll downhill.

(c) Maximum hand pile size shall be 8 feet in diameter by 8 feet in height, and a minimum hand pile size shall be 6 feet in diameter by 5 feet in height.

TITLE: BIL BOSH PROJECT - PILING 2023 Page 11

(d) All piles shall be compact. Compaction of the piles shall be done by aligning the material as much as possible and placing heavier material on top. Slash that causes large air spaces shall be cut or crushed to eliminate air spaces. Compaction shall be considered satisfactory if the pile height, after 7 days of being piled, is not less than the minimum of 5 feet in height on the uphill side and 6 feet in diameter, or upon approval by the COR.

(e) All material placed in the pile shall be contained within the general contour of the pile. Trimming of the piles will be required if material extends more than 18 in. beyond the general perimeter of the pile. The material that is trimmed off will be placed back onto the pile.

(f) All piles will have a 30”x30” of waterproof Kraft paper placed in the top 1/3rd of the pile to create a dry area.

(g) Any pile not meeting the above specifications will be re-piled by the Contractor at the Contractor's expense.

Hand Pile Location:

(a) All hand piles should be constructed within the unit’s boundaries

(b) Hand piles shall not be closer than 15 feet to a reserve tree’s (leave tree’s) drip line.

(c) Piles must be constructed a minimum of 10 feet apart from other constructed piles.

(d) Slash shall not be piled or placed on logs or stumps, in roadways, drainage or canal ditches, or within channel bottoms, green lines of streams or within no-treatment zones.

(e) It may be necessary to drag slash, so that all piles built will meet the minimum pile size and location specifications.

Restrictions: Apply to all units and items listed above:

(a) Old Growth Juniper trees shall not be cut down. Old growth trees are identified by their rounded, flat, or irregularly shaped canopies as opposed to seral trees which are easily distinguished by their conical (Christmas tree) appearance. Additional indicators of old growth trees include deeply furrowed, fibrous, and reddish bark; presence of lichens; and large branches near the base of the trunk.

(b) Trees with bird boxes in them shall not be cut down. There are several trees holding bird boxes along the Mud Flat Rd.

(c) Cutting will occur to any tree attached to a fence line unless significant damage to the fence will occur by cutting the tree. Fenceline trees will be severed above the top wire, and all slash will be pulled away from the fence by at least 5ft to allow for maintenance of the fence.

(d) Cutting will not occur to identified trees of cultural significance or bearing trees (bearing trees are marked with USDI BLM yellow and black placard and/or red stripe). Bearing tree locations will be provided to the contractor before work begins.

(e) Cutting during the months of July and August shall have a fire watch. At the end of the workday, the contractor shall remain on site for 1 hour post cutting conducting a fire watch over the work area.

(f) Cutting may be restricted during the months of July and August on Red Flag Warning days (as determined and issued by the US National Weather Service, Boise, ID) or on other days with extreme fire danger. Work may not occur on these days; the COR will relay this information to the Contractor, and a Stop Work Order may be implemented by the CO until the Red Flag Warning has expired.

(g) Piles shall be constructed at least 20 feet away from any residual, uncut, old growth trees.

(h) No pile shall be located within 15 feet of any fence line, property line or road.

(i) Piles shall not be located on any roads or barrow ditches (road cuts).

TITLE: BIL BOSH PROJECT - PILING 2023 Page 12

14. Special Provisions:

Power Saws: The contractor shall conduct all operations permitted under this contract in accordance with the Idaho Forestry Act Fire Hazard Reduction Law and Rules and Regulations Pertaining to Forest Fire Protection and Fire Hazard Reduction (1992). Primarily for purposes of fire prevention and control, the Contractor shall comply with the following provisions during closed fire season or periods of fire danger:

(a) Ensure any person using a portable power saw on range or forest land in the state shall have the following immediately available for the prevention and suppression of fire within fifty (50) feet of any power saw when in operation:

i. A fully charged operable fire extinguisher of at least 8 oz. minimum capability. Such fire extinguisher shall be filled and in effective operating condition and shall at all times be immediately available to the operator when the saw is being fueled or the motor of the saw is running.

ii. A size O or larger shovel shall be available with each gas can when refueling. Any fueling of a power saw shall be done in an area which has first been cleared of all flammable material. Power saws shall be moved at least twenty (20) feet from the place of fueling before the engine is started.

(b) Equip portable power saws with properly installed, maintained and effectively working spark arresters as designated in the Rules and Regulations pertaining to Forest Fire Protection, Idaho Department of Lands (1992).

(c) Comply with all applicable State and Federal laws and regulations pertaining to water quality in connection with any operations under this contract.

(d) Chainsaw operations may be restricted by the COR or CO during a red flag warning or other extreme fire.

Fueling of chainsaws will be done outside of riparian areas (streams, wetlands, wet meadows, springs, etc.). The contractor will take every reasonable precaution not to pollute or obstruct any stream, lake or reservoir on or near the project area in connection with any operations under this contract. If contractor’s operations cause pollution or obstruction of any stream, lake or reservoir on or near the designated cutting area, contractor shall notify the authorized officer immediately, and will correct the condition to the satisfaction of the BLM.

Contractor shall have a means of communicating with fire dispatch (e.g. satellite phone, text capable SPOT/Garmin device, cell phone WITH SERVICE) within 10 minutes of a fire start at all times during operational shift.

On Site Employees: The contractor will furnish a legible list of all contract employees (last name, first name) to the assigned COR. If there are any changes to the list of contract employees during the life of the contract a new list will be provided to the COR.

Hydrology and Fisheries:

• The contractor shall comply with all applicable State and Federal laws and regulations pertaining to water quality in connection with any operations under this contract.

• Fueling of chainsaws will be done outside of riparian areas, (streams, wetlands, wet meadows, springs, etc.).

• Juniper may be felled over streams where banks are stable to provide shade and cover for fish.

TITLE: BIL BOSH PROJECT - PILING 2023 Page 13

Archeological Concerns:

• The excavation, removal, damage, and altering or defacing of cultural resources is protected under the Archeological Resources Protection Act (ARPA) of 1979.

• Any unauthorized collection, excavation, or destruction of archeological materials is also subject to civil penalties under ARPA.

• The amount of the penalty will be the full cost of restoration and repair of archaeological resources plus the archaeological or commercial value of archaeological resources destroyed or not recovered.

• If an obvious un-flagged constructed feature (i.e., rock wall or stone monument) is near a juniper tree to be cut, the tree must be dropped away from the feature and steps taken to avoid damaging the feature.

Special Status Plants:

• All known Special Status Plant (SSP) Element Occurrence (EO) “avoidance areas/buffers” will be marked with flagging prior to and during treatment operations where impacts to SSP species may occur.

• All-terrain vehicles (ATV) and utility task vehicles (UTV) will avoid SSP EOs during cross-country travel.

15. Protection of Improvements: The COR may order a cessation of work if vehicles are operated on roads within the work area when ground or weather conditions cause or lead to loss of traction or rutting. Such conditions usually develop where frozen ground is thawing, when snow is melting, and during or immediately following rainstorms. Ground disturbance will be reduced by tracking over an area one time, and then avoiding sharp tight turns that cause the soil and vegetation to be turned up. Any soil and ground disturbance caused by equipment during and after operations will be rehabilitated.

16. Salvage Rights: The Contractor does not have salvage rights to the trees.

INSPECTION AND ACCEPTANCE

Inspection: The Government COR and/or PI will make periodic visual inspections. Inspection will consist of documentation of the treated areas. Documentation will be based upon compliance with the specifications listed above. COR and/or PI will discuss all deviations from specifications with Crew Representative as soon as possible when deviations from specifications are found. If disagreements occur between the COR and the Contractor on inspection, an agreed upon plot inspection will be initiated.

Acceptance: Acceptance will be based upon 95% visual compliance with the specifications listed above.

PERIOD OF PERFORMANCE: The Estimated Dates for this Project are:

Bull Meadows Cut, Pile and Cover - 76 Calendar Days Start Date: July 17, 2023 End Date: September 30, 2023

Kiosk Cut, Pile and Cover - 61 Calendar Days Start Date: August 1, 2023 End Date: September 30, 2023

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Hand Piling and Cover - 76 Calendar Days Start Date: July 17th, 2023 End Date: September 30th, 2023 (except for Mud Flat Unit - Hand Piling: see element 13)

SITE VISIT

Prospective bidders are urged to attend the site visit. The site visit will be conducted at the Boise BLM Fuels building and will consist of reviewing maps and over 200 geotagged photos that are representative of the units.

BLM staff will have maps available as well as Google Earth/ArcMap on a screen and go through each unit individually. Mud Flat Road may or may not be accessible during the solicitations open period. Should contractor wish to view the site, they need to come prepared (UTV, ATV, tire chains, GPS device to call/text company if stuck in mud/snow).

The site visit will occur on Thursday, June 15, 2023. Participants will meet at 11:00 AM (MDT) at the BLM, Boise District Fuels Office, Table Rock Room. The address is 3948 Development Avenue, Boise, ID 83706

TITLE: BIL BOSH PROJECT - PILING 2023 Page 15

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#

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Jun 2020)

52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (Dec 2022) 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 (Mar 2023) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 52.236-2 Differing Site Conditions (Apr 1984) 52.242-15 Stop-Work Order (Aug 1989)

2. 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders--Commercial Products and Commercial Services (Mar 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40 , Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] https://www.acquisition.gov/browse/index/far#

TITLE: BIL BOSH PROJECT - PILING 2023 Page 16

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

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

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

XX (4) 52.204-10, 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. (NOV 2021) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

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

__ (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.

__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (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 (SEP 2021) 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 (OCT 2022) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2023) (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 (OCT 2022) (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 (OCT 2022) (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 (SEP 2021) (15U.S.C. 637(a)(17)).

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

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

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

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

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

__ (ii) Alternate I (JUL 2014) of 52.222-36.

XX (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 (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

XX (36) 52.222-54, Employment Eligibility Verification (MAY 2022) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (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 (Jun2014) 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 (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (41 U.S.C.chapter83, 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 [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

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__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (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 Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

XX (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (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) 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 (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (NOV 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.] XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

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

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

XX (7) 52.222-55, Minimum Wages Under Executive Order 14026 (JAN 2022).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

(ii) 52.203-19, 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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (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 (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (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 (MAY 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 14026 (JAN 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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. Subtitle A, Part V, Subpart G Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.232-40 , Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

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3. 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the…

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