AG-0355-S-15-0007.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

EAST SIDE ACQUISITION TEAM (ESAT)

CUSTER GALLATIN NATIONAL FOREST

PO BOX 130 10 EAST BABCOCK AVENUE

BOZEMAN MT 59771

0375 CODE 16. ADMINISTERED BYCODE

X

X

X

115310

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR0398

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

08/24/2015 1600 MD

08/12/2015

406-587-6920ALANE FITZPATRICK

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-0355-S-15-0007

5. SOLICITATION NUMBER

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

1 40 755310OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

RED LODGE MT 59068

6807 US HIGHWAY 212

BEARTOOTH RANGER DISTRICT

USDA FOREST SERVICE

15. DELIVER TO

EAST SIDE ACQUISITION TEAM (ESAT)

CUSTER GALLATIN NATIONAL FOREST

PO BOX 130 10 EAST BABCOCK AVENUE

BOZEMAN MT 59771

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$19.0

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

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.

2016 Horseman Flats Hazardous Fuels Mastication Custer Gallatin National Forest, Beartooth Ranger District;

Stillwater County, Montana

Note: A pre-bid tour will be conducted on 08/19/2015. Interested parties shall meet at the Nye Fire Hall on Hwy 419 in Nye, MT at 1000 a.m.

Mountain Daylight Time. Interested parties must contact Jeff Stockwell at the Beartooth Ranger District Office (phone 406-446-4538) no later

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

ALANE FITZPATRICK

. 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.

than 08/17/2015 at 4:00 p.m. to reserve a participant slot on the tour. If no reservations are made for participation in this pre-bid tour by the close of business on 08/17/2015, the pre-bid tour shall be cancelled without further notice.

Delivery: 11/15/2016

001 Horseman Flats Hazardous Fuels Mastication

Product/Service Code: F014

Product/Service Description: NATURAL

RESOURCES/CONSERVATION- TREE THINNING

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

40 2 of

AG‐0355‐S‐15‐0007

CUSTER GALLATIN NATIONAL FOREST

2016 Horseman Flats Hazardous Fuels Mastication

2016 HORSEMAN FLATS HAZARDOUS FUELS MASTICATION

SECTION B ‐ SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

SECTION C ‐ DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D ‐ PACKAGING AND MARKING

SECTION E ‐ INSPECTION AND ACCEPTANCE

SECTION F ‐ DELIVERIES OR PERFORMANCE

SECTION G ‐ CONTRACT ADMINISTRATION DATA

SECTION H ‐ SPECIAL CONTRACT REQUIREMENTS

SECTION I ‐ CONTRACT CLAUSES

SECTION J ‐ LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION K ‐ REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L ‐ INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR RESPONDENTS

SECTION M ‐ EVALUATION FACTORS FOR AWARD

2016 Horseman Flats Hazardous Fuels Mastication

PART I – THE SCHEDULE

SECTION B ‐ SUPPLIES OR SERVICES AND PRICES/COSTS SCHEDULE OF ITEMS

B.0 SCHEDULE OF ITEMS: 2016 Horseman Flats Hazardous Fuels Mastication; Custer Gallatin National Forest, Beartooth

Ranger District; Stillwater County, Montana.

ITEM DESCRIPTION

MEASUMENT ESTIMATED

QTY

UNIT TOTAL

METHOD* UNIT** PRICE PRICE

B.1 Mechanical Machines ‐ Mastication

B.1.1 Unit C AQ AC 25 $ $

B.1.2 Unit E1 AQ AC 40 $ $

TOTAL PRICE – Item B.1 (65 Acres): $

B.2 Mechanical Machines ‐ Mastication

B.2.1 Unit E2 AQ AC 26 $ $

TOTAL PRICE – Item B.2 (26 Acres): $

B.3 Mechanical Machines ‐ Mastication

B.3.1 Unit F AQ AC 12 $ $

TOTAL PRICE –ITEM B.3 (12 Acres): $

B.4 Mechanical Machines ‐ Mastication

B.4.1 Unit A AQ AC 10 $ $

TOTAL PRICE –ITEM B.4 (10 Acres): $

TOTAL PRICE – ALL ITEMS B.1‐B.4 (113 Acres): $

PRICE QUOTATION FURNISHED BY:

Full Business Name: _____________________________________ Phone: _______________________________

Address: _____________________________________ Cell: _______________________________

_____________________________________ FAX: _______________________________

DUNS: _____________________________________ E‐Mail: _______________________________

Special Notes:

1. The bidder must bid on all items. Round to the nearest cent.

2. Offers for Quantities less than those listed in the numbered items may be rejected.

3. One contract will be awarded to the responsive and responsible bidder offering the best value to the Government (see

Section M – Evaluation Factors for Award).

4. The successful Contractor must be registered in the System for Award Management (SAM) data base (reference

Section I, FAR 52.204‐7) before an award is issued.

5. Vendors are urged to thoroughly read the solicitation and to review all attachments prior to preparing and submitting a quote. Instructions for submitting a quote are located in Section L. Questions regarding quote submission may be directed to Alane Fitzpatrick, Contracting Officer, at 406‐587‐6920.

*DESIGNATED METHOD OF MEASUREMENT **PAY UNIT ABBREVIATIONS

AQ ‐‐‐‐‐‐ Actual Quantity AC ‐‐‐‐‐‐‐ Acre

SECTION C ‐ DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SCOPE OF WORK

a. Scope of Work: This project encompasses hazardous fuels reduction on the Custer Gallatin National Forest, Beartooth Ranger District. The 2016 Horseman Flats Hazardous Fuels Mastication project is a continuation of the Beartooth Ranger District’s hazardous fuels program. The purpose of the project is to reduce the possibility of future wildfires from spreading beyond National Forest System lands. Additionally, the intent of the project is to reduce hazardous fuel loading, to thin mixed coniferous stands, and to provide long‐term effectiveness of fuel treatments by reducing fire intensities.

This is a mechanical (tracked excavator) mastication project. Conifer stands will be thinned and the wood chips generated from the mastication process will be left on‐site either to be broadcast burned or to naturally decompose.

The successful Contractor shall furnish all labor, materials, equipment (fully operated), supervision, transportation, supplies, and incidentals necessary to complete the work. All work shall conform to the specifications and maps included in the solicitation and any resultant contract. All work shall be executed in an organized, systematic manner to assure services will be performed over the entire Unit areas.

C.2 PROJECT DETAILS AND LOCATION

a. Project Location: The project is located on the Beartooth Ranger District of the Custer Gallatin National Forest in Stillwater County, Montana. The Horseman Flats units are situated west of Nye, Montana and northwest of the Stillwater Mine Complex: T5S, R15E, portions of sections 8 and 9. Treatment units reside adjacent to or within ½ mile of FS Road 2648. Reference Section J for general area and project area maps.

b. Pre‐Bid Tour: A pre‐bid tour will be conducted on 19 August 2015 at 1000 hours Mountain Daylight Saving Time.

Interested parties shall meet at the Nye Fire Hall on Hwy 419 in Nye, MT. All interested parties must contact Jeff Stockwell (phone 406‐446‐4538) at the Beartooth Ranger District Office no later than August 17th at 1600 hours to reserve a participant slot on the tour. If no reservations are made for participation in this pre‐bid tour by the close of business on August 17th, the pre‐bid tour shall be cancelled without further notice.

Interested parties shall take reasonable steps to ascertain the nature and location of the project area and the work to be completed, as well as the general and local site conditions which can affect the work and cost of performance. Failure to take the actions described in this paragraph will not relieve the Contractor from the responsibility of properly estimating the difficulty and cost to successfully perform the work, or from successful completion of the work without additional expense to the Government.

c. Pre‐Bid Conference: A pre‐bid conference will not be held.

d. Start Work: Work is planned with a beginning date of 16 May 2016.

e. Period of Performance: All work shall be completed, including clean‐up and final inspection, no later than 15

November 2016. The Contractor shall maintain progress at a rate that will assure completion of the work within the time specified herein. NOTE: The period of performance is restricted to the period from 16 May 2016 through 15 November 2016 due to wildlife mitigations in the area; all work must be completed during this time. Other conditions, including but not limited to the following, may require work to be temporarily suspended: seasonal fire restrictions, unusually wet soil conditions, and snow depth at levels which preclude specified treatment of dead/down fuels.

f. Subcontractors: All subcontractors must be identified by the time of the post‐award conference and must be approved prior to the issuance of the Notice to Proceed. Contractors shall submit a completed SF‐1413 form to the Contracting Officer for each subcontractor (an SF‐1413 form is attached in Section J).

C.3 GENERAL SPECIFICATIONS

C.3.1 Applicable to All Items, Items B.1‐B.4

a. The contractor shall vary ingress and egress routes into or out of the treatment units to avoid the establishment of hardened travel routes into the treatment areas. As much as possible, equipment shall be turned on masticated fuels to reduce soil impacts and systematic travel routes shall be utilized to reduce unnecessary overland travel with tracked equipment. Travel routes will be coordinated between the Contractor and the Government to reduce soil disturbance and compaction.

b. At the determination of the Government, wet ground conditions could suspend mechanical operations to prevent undesired soil impacts.

c. No standing, live hardwoods or hardwood snags will be cut unless they pose a safety hazard or are necessary to cut to establish unit access routes.

d. Conifer snags will be cut unless otherwise noted in the individual bid item descriptions.

e. The Contractor shall select against conifer trees showing signs of dwarf mistletoe infection, spruce budworm damage, rust, pine beetle attack, or form defects when determining cut trees and reserve trees while selectively thinning.

f. For any cut trees, stumps shall be masticated as close to ground level as possible and all attached live limbs will be removed to reduce continued tree growth. If rocky ground surface conditions limit the removal of lower live limbs by machine, the Contractor shall remove attached live limbs by other means (chainsaw or axe).

g. Masticated fuels that could impede water flow or potentially clog culverts (e.g., branches or chip accumulations greater than 4‐inches in depth) will be removed by the Contractor from roadside ditches.

h. The Contractor will additionally follow all Mitigation Requirements specified herein.

C.3.2 Mitigation Requirements

Mitigation measures are applicable to Items B.1‐B.4 and are intended to lessen impacts to resources and/or to help achieve desired conditions.

Specifically:

a. No fuel reduction activities will be allowed on any “Red Flag Warning” fire weather day. The Contractor shall have the following serviceable equipment on site during any period of fuel reduction operations:

b.

1) A 200 gallon water tank and adequate fire pump capable of at least 150 psi.

2) 500 feet of hose and necessary fittings for water application.

3) Hand tools (Pulaski, shovel, combination tool, etc.) for each employee.

4) A full, five gallon water backpack pump for each vehicle.

5) Dry chemical ABC rated fire extinguishers not less than 2½ lbs. for each vehicle.

6) In addition to the minimum required fire suppression equipment, it is up to the Contractor to determine and provide any additional fire suppression equipment or personnel he/she feels should be on location at the project work site for adequate fire prevention.

c. A few large logs must be left on site (e.g., 2‐4 per acre and greater than 10‐inches in diameter and at least 20‐ feet in length). Smaller logs may be substituted if logs greater than 10‐inches in diameter are not available.

d. No stream management zones (SMZ’s) have been identified in the treatment areas. If any SMZ’s are discovered during operations, the Contractor will coordinate with the COR (Contracting Officer’s Representative) to meet necessary protection guidelines.

e. All equipment will be washed prior to moving into the project area to prevent the spread of noxious weeds.

f. The Contractor is required to provide and post signs on roadways, notifying the public of on‐going work in the area and advising the public to use caution near work sites. Signs shall conform to U.S. Department of Transportation "Manual of Uniform Traffic Control Devices" (MUTCD), sign W21‐3 (reference Section J, EXHIBIT A).

g. The Contractor shall protect all infrastructures: fences, signs, surveyed boundaries, monument trees, water tanks, power lines, cattle guards, culverts, etc.

h. Any Contractor activity resulting in damage to National Forest System (NFS) roads will necessitate repairs be made to correct the damage at the Contractor’s expense.

i. Special seasonal restrictions may be needed and enacted if any active raptor bird nests are discovered in the project area.

j. To prevent grizzly bear or black bear incidents, all attractants (e.g., food, garbage, etc.) will be stored in compliance with the Custer National Forest food storage order. Additionally, any incident involving a grizzly bear or black bear will be reported to the Contracting Officer (CO) and/or COR within 24‐hours.

k. Archeological sites and other sensitive areas do exist in the project vicinity and will be addressed and protected. Specific sites will be marked by the Government as work activities warrant.

l. The Contractor shall take precautions and shall minimize soil disturbance while performing work.

C.3.3 Individual Bid Item Requirements

a. Item B.1 ‐ Mechanical Machines (Masticator), Selective Thinning. This bid item includes two separate treatment units. The total acreage for this bid item is 65 acres. Performance Period: May 16th through November 15th, 2016.

Treatment Units C and E1

Level of difficulty: Site is accessible or walk‐in of less than ¼ mile is required. Slopes average 20% or less. Tree diameters range from 1 to 14‐inches dbh (diameter breast height) with some isolated larger individuals.

Results from two stocking plots were 470 and 740 trees per acre above 4.5 feet in height. Please note: actual tree stocking may be much higher or lower than these sample plots and these numbers only represent what was tallied at three sites within the units. Areas of both units contain light to moderate levels of downfall slash.

1) Masticate cut all unmarked, standing conifers. Reserve trees are marked in blue and shall not be cut.

An average of 12 trees per acre for Unit C and 11 trees per acre for Unit E1 have been marked as reserve trees although actual marked trees per acre could range much higher or lower than this.

Trees greater than 2‐feet in height shall be treated.

2) Boundary trees marked with orange paint will be masticated.

3) Existing downfall will be masticated below 2‐feet in height and meet chipped fuels particle size requirements.

4) Chipped fuels particle sizes shall be less than 4‐feet in length with the majority of chipped fuels averaging 2‐feet or less.

5) Masticated fuel bed depths shall not average greater than 4‐inches.

6) Chipped fuels will be directed away from reserve trees as much as possible to avoid chip accumulations at the base of these trees. The intent of this activity is to limit fire intensity and subsequent mortality of reserve trees during broadcast burning.

Additional note: these units will be broadcast burned post contract implementation.

b. Item B.2 ‐ Mechanical Machines (Boom‐Mounted Tracked Masticator), Selective Thinning. This bid item includes one treatment unit. The total acreage for this bid item is 26 acres. Performance Period: May 16th through November 15th, 2016.

Treatment Unit E2

Level of difficulty: Site is accessible or walk‐in of less than ¼ mile is required. Slopes average 20% or less. Tree diameters range from 1 to 16‐inches dbh (diameter breast height) with some isolated larger individuals. No stocking plots were taken in unit E2; however, it is estimated that there are more trees per acre in this unit than the units in bid item B.1. Areas of this unit contain moderate levels of downfall slash.

1) Masticate cut all unmarked, standing conifers equal to or less than 12‐inches dbh. Reserve trees are marked in blue and conifers greater than 12‐inches dbh shall not be cut. An average of 11 trees per acre for Unit E2 have been marked as reserve trees although actual marked trees per acre could range much higher or lower than this. Trees greater than 2‐feet in height shall be treated.

2) Boundary trees marked with orange paint will be masticated.

3) Existing downfall will be masticated below 2‐feet in height and meet chipped fuel particle size requirements.

4) Chipped fuels particle sizes shall be less than 4‐feet in length with the majority of chipped fuels averaging 2‐feet or less.

5) Masticated fuel bed depths shall not average greater than 4‐inches.

6) Chipped fuels will be directed away from reserve trees as much as possible to avoid chip accumulations at the base of these trees.

c. Item B.3 ‐ Mechanical Machines (Masticator), Selective Thinning. This bid item includes one treatment unit.

The total acreage for this bid item is 12 acres. Performance Period: May 16th through November 15th, 2016.

Treatment Unit F

Level of difficulty: Site is accessible or walk‐in of less than ¼ mile is required. Slopes average 20% or less. Tree diameters range from 1 to 16‐inches dbh (diameter breast height) with some isolated larger individuals.

Results from two stocking plots were 350 and 580 trees per acre above 4.5 feet in height. Please note: actual tree stocking may be much higher or lower than these sample plots and these numbers only represent what was tallied at two sites within the immediate area. Areas of this unit contain light to moderate levels of downfall slash.

1) Masticate cut conifers to achieve an average 10‐foot crown spacing as measured from the outside drip line of reserve tree crowns (generally, 20‐30 feet spacing between tree boles for trees greater than 5‐inches dbh and 15‐25 feet spacing between tree boles where trees are predominately less than 5‐inches dbh). Trees greater than 12‐inches dbh shall not be cut and will be utilized to achieve the desired crown spacing. All thinning will be from below, cutting the smallest size trees first. The largest and most vigorous trees will be retained as spacing allows. Leaning trees will be cut. Trees greater than 2‐feet in height shall be treated. The order of preference for reserve trees by species is:

Ponderosa pine, Limber pine, Douglas fir, Engelmann spruce, Subalpine fir, and Lodgepole pine.

2) Boundary trees marked with orange paint will be masticated.

3) Two to four snags equal to or greater than 12inches dbh per acre will be retained unless determined to be a safety hazard. Any dead trees beyond this basic retention requirement shall be felled. All snags within 75‐feet of a road will be treated.

4) Existing downfall will be masticated below 2‐feet in height and meet chipped fuel particle size requirements.

5) Chipped fuels particle sizes shall be less than 4‐feet in length with the majority of chipped fuels averaging 2‐feet or less.

6) Masticated fuel bed depths shall not average greater than 4‐inches.

7) Chipped fuels will be directed away from reserve trees as much as possible to avoid chip

Additional note: To prevent blowdown and allow for a future cattle drift fence, a 45‐foot no cut buffer will be retained adjacent to a section of the southeast boundary of this unit. This buffer will be flagged in by the Government adjacent to the orange painted unit boundary. This no cut area has been mapped at 2 acres in size and subtracted from the original unit acreage (original unit size was mapped at 14 acres).

d. Item B.4 ‐ Mechanical Machines (Masticator), Selective Thinning. This bid item includes one treatment unit.

The total acreage for bid item is 10 acres. Performance Period: May 16th through November 15th, 2016.

Treatment Unit A

Level of difficulty: Site is accessible or walk‐in of less than ¼ mile is required. Slopes average 30% or less.

Tree diameters range from 1 to 14 inches dbh (diameter breast height) with some isolated larger individuals.

Results from one stocking plot were 310 trees per acre above 4.5 feet in height. Please note: actual tree stocking may be much higher or lower than these sample plots and these numbers only represent what was tallied at three sites within the units. Areas of the both unit contain light to moderate levels of downfall slash.

1) Masticate cut all conifers equal to or less than 10‐inches dbh. Trees greater than 10‐inches dbh shall be cut to achieve an average 15‐foot crown spacing as measured from the outside drip line of reserve tree crowns (generally, 25‐35 feet spacing between tree boles for trees greater than 5‐inches dbh).

Leaning trees will be cut. Trees greater than 2‐feet in height shall be treated.

2) Boundary trees marked with orange paint will be masticated.

3) Existing downfall will be masticated below 2‐feet in height and meet chipped fuel particle size requirements.

4) Chipped fuels particles sizes shall be less than 4‐feet in length with the majority of chipped fuels averaging 2‐feet or less.

5) Masticated fuel bed depths shall not average greater than 4‐inches.

6) Chipped fuels will be directed away from reserve trees as much as possible to avoid chip

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.211‐72 Statement of Work/Specifications (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of Clause)

452.211‐73 Attachments to Statements of Work/Specifications (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

(End of Clause)

SECTION D ‐ PACKAGING AND MARKING

For this solicitation, there are no clauses included in this section.

SECTION E ‐ INSPECTION AND ACCEPTANCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246‐4 Inspection of Services ‐ Fixed‐Price (AUG 1996)

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): http://farsite.hill.af.mil/vffara.htm;

http://www.dm.usda.gov/procurement/policy/agar.html.

(End of clause)

SECTION F ‐ DELIVERIES OR PERFORMANCE

52.242‐15 Stop‐Work Order (AUG 1989)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.211‐74 Period of Performance (FEB 1988)

The period of performance of this contract is from the date of contract award through 15 November 2016. All work shall be completed between 16 May 2016 and 15 November 2016.

(End of Clause)

452.211‐75 Effective Period of the Contract (FEB 1988)

The effective period of this contract is from the date of contract award through 15 November 2016.

SECTION G ‐ CONTRACT ADMINISTRATION DATA

G.1 GOVERNMENT FURNISHED PROPERTY

The Government will provide the following items of Government Furnished Property to the Contractor for use in the performance of this contract. This property shall be used and maintained by the Contractor in accordance with FAR 52.245‐1, Government Property, located in Section I.

NONE

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.215‐73 Post‐Award Conference (NOV 1996)

A Post‐Award conference with the successful offeror is required. It will be scheduled within seven days after the date of contract award. The conference will be held at the Beartooth Ranger District Office, 6811 Hwy 212 South, Red Lodge, MT 59068 or at another location agreed to by the parties.

SECTION H ‐ SPECIAL CONTRACT REQUIREMENTS

H.1 SAFETY PLAN

a. A Safety Plan will be required and submitted for review by the CO prior to commencement of work.

H.2 CAMPING

Prior to camping on National Forest Lands, the Contractor shall obtain a Camping Permit from the Beartooth Ranger District through the Contracting Officer. Permits will be issued at the discretion of the District Ranger. The Contractor must submit camping requests before or during the post‐award conference. Contractors are expected to keep a clean camp at all times and to adhere to all applicable National Forest/Ranger District policies in effect.

All food and refuse shall be handled according to food storage requirements of the ‘Occupancy and Use Restrictions’ Order to eliminate grizzly bear/human contact.

a. A camp is interpreted to include any location occupied by the Contractor or Contractor’s agents for the purpose of overnight occupancy. This encompasses any tent sites, camp trailers, etc. which also includes residing at designated campsites or campgrounds that are open to the public.

b. Unless otherwise allowed in the Camping Permit, the contractor will abide by all rules applicable to the general public.

c. The Government will make no special camping allowances for the Contractor within or near the project area.

Arrangements for camping on local private lands will be the responsibility of the Contractor.

H.3 FOOD STORAGE

A food storage and occupancy and use order is in effect on the Custer Gallatin National Forest (reference Section J for a copy of the order). The order specifies that all refuse, food, beverages, and scented or flavored toiletries must be stored unavailable to bears at night and when unattended during the day. Attractants include canned food, pop, beer, garbage, grease, processed livestock or pet food, toothpaste, and chapstick, etc. These items must be hung at least 10‐ feet off the ground and 4‐feet from any vertical support, or stored inside a bear resistant container or vehicle. Cars, pick‐up cabs, enclosed horse trailers, hard sided campers or camper shells are all considered bear resistant. Food should be stored out of sight in vehicles. Coolers, pop‐up campers, backpacks, and tents are not considered bear resistant.

H.4 LANDSCAPE PRESERVATION

a. The Contractor shall confine operations to within the clearing limits or other areas designated in contract documents, and prevent the depositing of rocks, excavated materials, stumps, or other debris outside of these limits. Material which falls outside of these limits shall be retrieved, disposed of, or incorporated in the work as directed by the Contracting Officer.

b. Operation shall be scheduled and conducted to minimize erosion of soils and to prevent silting and muddying of streams, rivers, irrigation systems, and impoundments (lakes, reservoirs, etc.).

Pollutants such as fuels, lubricants, bitumens, raw sewage, and other harmful materials shall not be discharged into or near rivers, streams, and impoundments or into natural or man‐made channels leading thereto. Wash water or waste water from concrete or aggregate operations shall not be allowed to enter live streams prior to treatment by filtration, settling, or other means sufficient to reduce the sediment content to not more than that of the stream into which it is discharged.

Mechanized equipment shall not be operated in live streams without written approval by the Contracting Officer.

H.5 NOXIOUS WEEDS/EQUIPMENT CLEANING

Noxious weeds are any exotic plant species established or that may be introduced into the State which may render land unfit for agriculture, forestry, livestock, wildlife, or other beneficial uses and which is designated by the State's Department of Agriculture, or by the County's weed management district, or by other appropriate agencies having jurisdiction. A weed management district is any area of land identified for the purpose of weed management or control. Such an identified land area may be, but is not limited to one of the following: a project or job site, a County, two or more Counties, or a National Forest.

To mitigate the anticipated impacts of spreading noxious species, the following precautions shall be used:

All equipment and vehicles to be used at the job site shall be cleaned and free of noxious weeds and their seeds prior to entrance onto the project site. The restriction shall include equipment and vehicles intended for off‐road as well as on‐road use, whether they owned, leased, or borrowed by the contractor or any subcontractor.

Cleaning shall consist of the removal all dirt, grease, debris, and materials that may harbor noxious weeds and their seeds. Cleaning shall occur off the project site.

Equipment, materials, and vehicles shall be visually inspected by the COR, or other designated Forest Service official, and certified in writing by the Contractor to be reasonably clean and weed free. Inspections will take place at a location agreed to by the COR and Contractor in advance of delivery to the job site. Equipment and vehicles shall proceed directly to the job site following the inspection. Materials, including delivery vehicles, delivered to the project site will also be inspected prior to entering the area.

The Contractor shall protect all existing vegetation from the introduction of noxious weeds, (1) at or near the work site, and (2) on adjacent property. The Contractor shall treat any introduced noxious weeds resulting from failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to treat such weeds, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor.

Certification of each piece of equipment or vehicles shall remain valid for the duration of the project as long as the identified subjects remain solely on the project. Off road equipment that leaves the job site shall be recertified before being allowed to return. Individual worker's vehicles shall be parked at a staging area that will be designated by the

COR.

H.6 SECURITY AND PROTECTION

a. Security and Protection – Security is the Contractor’s responsibility. Limit access to the construction area to persons involved in the work. Provide secure storage for materials that are stored on site. Secure completed work as required to prevent loss.

Barricades, warning signs and light shall comply with standards and code requirements for erection of structurally adequate barricades. All road warning signs, barricades, and traffic control devices shall conform to MUTCD. Paint with appropriate colors, graphics, and warning signs to inform personnel and the public of the hazard being protected against. Where appropriate and needed, provide lighting, including flashing red or amber lights.

b. Maintenance of Traffic – The Contractor is authorized to use roads under the jurisdiction of the Forest Service, and open to public travel, for all activities necessary to complete this contract, subject to limitations and authorizations shown on the drawings or specified under this contract when such use will not damage the roads or national forest resources and when traffic can be accommodated safely.

Before shutting down operations, take all necessary precautions to prevent damage to the project, such as temporary detours, approaches, crossings, or intersections; and provide for normal drainage and minimization of erosion. Leave all travel ways in a condition suitable for traffic.

c. Protection of Improvements – The Contractor shall complete sequences of activity in order to prevent damage to equipment, material, and articles incorporated into the work covered by this contract.

SECTION I ‐ CONTRACT CLAUSES

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): http://farsite.hill.af.mil/vffara.htm;

http://www.dm.usda.gov/procurement/policy/agar.html.

(End of clause)

52.211‐18 Variation in Estimated Quantity (APR 1984) 52.212‐4 Contract Terms and Conditions ‐ Commercial Items (MAY 2015) 52.223‐2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.232‐18 Availability of Funds (APR 1984) 52.242‐15 Stop‐Work Order (AUG 1989) 52.244‐6 Subcontracts for Commercial Items (APR 2015) 52.245‐1 Government Property (APR 2012) 52.245‐9 Use and Charges (APR 2012)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.236‐72 Use of Premises (NOV 1996)

52.211‐10 Commencement, Prosecution, and Completion of Work (APR 1984) The Contractor shall be required to (a) commence work under this contract on the effective date of the Notice to Proceed,

(b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 16 November 2015.

(End of Clause)

52.246‐20 Warranty of Services (MAY 2001)

(a) Definition.

"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.

(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 30 days from the date of acceptance by the Government. This notice shall state either‐

(1) That the Contractor shall correct or reperform any defective or nonconforming services; or

(2) That the Government does not require correction or reperformance.

(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.

(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders ‐ Commercial Items (MAY 2015)

(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) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233‐3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 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 (Sept 2006), 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 (Apr 2010) (41 U.S.C. 3509)).

(3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (Jul 2013) (Pub. L. 109‐

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

(5) [Reserved].

(6) 52.204‐14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111‐117, section 743 of Div. C).

(7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Jan 2014) (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. (Aug 2013) (31 U.S.C. 6101 note).

(9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C.

2313).

(10) [Reserved].

(11)(i) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Nov 2011) (15 U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219‐3.

(12)(i) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (JAN 2011) of 52.219‐4.

(13) [Reserved] (14)(i) 52.219‐6, Notice of Total Small Business Set‐Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15)(i) 52.219‐7, Notice of Partial Small Business Set‐Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219‐7.

(iii) Alternate II (Mar 2004) of 52.219‐7.

(16) 52.219‐8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219‐9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Oct 2001) of 52.219‐9.

(iii) Alternate II (Oct 2001) of 52.219‐9.

(iv) Alternate III (Oct 2014) of 52.219‐9.

(18) 52.219‐13, Notice of Set‐Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

(19) 52.219‐14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(20) 52.219‐16, Liquidated Damages‐Subcon‐tracting 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 (Nov 2011) (15 U.S.C. 657 f).

(22) 52.219‐28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219‐29, Notice of Set‐Aside for Economically Disadvantaged Women‐Owned Small Business (EDWOSB)

Concerns (Jul 2013) (15 U.S.C. 637(m)).

(24) 52.219‐30, Notice of Set‐Aside for Women‐Owned Small Business (WOSB) Concerns Eligible Under the

WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

(25) 52.222‐3, Convict Labor (June 2003) (E.O. 11755).

(26) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

(27) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

(28) 52.222‐26, Equal Opportunity (Apr 2015) (E.O. 11246).

(29) 52.222‐35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

(30) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(31) 52.222‐37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(32) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

(33)(i) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (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).

(34) 52.222‐54, Employment Eligibility Verification (AUG 2013). (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.)

(35)(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.)

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

(ii) Alternate I (Jun 2014) of 52.223‐13.

(37)(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.

(38) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (DEC 2007) (42 U.S.C. 8259b).

(39)(i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and

13514).

(ii) Alternate I (Jun 2014) of 52.223‐16.

(40) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

(41) 52.225‐1, Buy American‐Supplies (May 2014) (41 U.S.C. chapter 83).

(42)(i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (May 2014) (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 (May 2014) of 52.225‐3.

(iii) Alternate II (May 2014) of 52.225‐3.

(iv) Alternate III (May 2014) of 52.225‐3.

(43) 52.225‐5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(44) 52.225‐13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(45) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(46) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007) (42 U.S.C. 5150).

(47) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(48) 52.232‐29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

(49) 52.232‐30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(50) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (Jul 2013) (31 U.S.C.

3332).

(51) 52.232‐34, Payment by Electronic Funds Transfer‐Other than System for Award Management (Jul 2013) (31

U.S.C. 3332).

(52) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(53) 52.239‐1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(54)(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.

(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.]

(1) 52.222‐17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

(2) 52.222‐41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(3) 52.222‐42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter

67).

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage Fringe Benefits

GS‐6, Step 5 $19.34 + Fringe Benefits as applicable GS‐7, Step 5 $21.49 + Fringe Benefits as applicable

(4) 52.222‐43, Fair Labor Standards Act and Service Contract Labor Standards‐Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 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).

(6) 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).

(7) 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).

(8) 52.222‐55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658).

(9) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(10) 52.237‐11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(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, and does not contain the clause at 52.215‐2, Audit and Records‐Negotiation.

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

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

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

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract 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 (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219‐8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219‐8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222‐17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222‐17.

(iv) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222‐26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222‐35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222‐37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(ix) 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.

(x) 52.222‐41, Service Contract…