Carpet Supply and Installation - Inyo National Forest

CARPET AND FLOORING REPLACEMENT - INYO NATIONAL FOREST The Department of Agriculture, US Forest Service, Central California Acquisition Services Area, Inyo National Forest has a requirement for removal and replacement of carpet and vinyl flooring in 10 residential buildings, including barracks and single-family homes. 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; quotes are being requested, and a written solicitation will not be issued. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://acquisition.gov/far. This is solicitation no. AG-9JGP-S-17-0112, a Request for Quotations (RFQ), and is a 100% Total Small Business Set-Aside. The government intends to award a Firm Fixed-Price Contract. NAICS code: 238330 - Flooring Contractors; Size Standard: $15 Million. Contacts: Technical questions and/or to arrange site visits: Debbie McLaughlin (760) 873-2452. Contracting questions: Gloria Trahey (530) 543-2612 LINE ITEMS: CLIN 001: Building 1006 Single Family House - Lee Vining - approx. - 800 sq. ft. carpet, 200 sq. ft. sheet vinyl CLIN 002: Building 1376 Lee Vining Fire Barracks - approx. 1285 sq. ft. carpet CLIN 003: Building 1026 Lee Vining Rec Barracks - 750 sq. ft. carpet, 950 sq. ft. sheet vinyl CLIN 004: Building 1341 (4 Ritter Rd) Mammoth Rec Barracks - approx. 1000 sq. ft. carpet, 800 sq. ft. sheet vinyl CLIN 005: Building 1342 (30 Ritter Rd) Mammoth Fire Barracks - approx. 1200 sq. ft. carpet, 300 sq. ft. sheet vinyl CLIN 006: Building 1007 (6 Ruby Ln) Single Family House.- Mammoth Lakes- approx. 1000 sq. ft. carpet, 200 sq. ft. sheet vinyl CLIN 007: Building 1378 (210 E. Yaney St.) Bishop Hot Shot Barracks - approx. 1600 sq. ft. sheet vinyl CLIN 008: Building 1351 (188 E. Yaney St.) Bishop Rec Barracks - 1580 sq. ft. carpet, 500 sq. ft. sheet vinyl CLIN 009: Building 1377 (770 E. Edwards St.) Independence Helitack Base- approx. 1200 sq. ft. carpet, 300 sq. ft. sheet vinyl CLIN 010: Building 1350 (107 E. Inyo St.) Lone Pine Barracks - approx.1200 sq. ft. carpet, 300 sq. ft. sheet vinyl SUBMISSION OF QUOTES: Quotes are requested no later than 2pm PST on June 16, 2017. Please submit quotes by e-mail, fax, or mail-in/hand carry to: Gloria Trahey (530) 543-2612 LTBMU 35 College Drive, South Lake Tahoe, CA 96150 E-mail: gctrahey@fs.fed.us FAX: 530-543-2830 Please include the following details in your quote: (1) Solicitation Number (2) Company Name, POC Name, Address, Phone, and E-mail on company business letterhead or form. (3) Schedule of items with pricing (Attachment 1 - Schedule B). (4) Capabilities statement (Attachment 2 - Capabilities) (5) DUNS number for SAM record verification (6) Acknowledgement of any Solicitation amendments Acknowledgment of Amendments: The offeror acknowledges receipt of any amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE ____________________________ ______________ ____________________________ ______________ SAM and IPP: A current entity record in the System for Award Management (SAM) www.sam.gov is required prior to award. Invoicing will be done electronically through the Invoice Processing Platform (IPP) at www.ipp.gov . There is no cost to use either of these two systems. EVALUATION OF QUOTES: 52.212-2 Evaluation-Commercial Items. (Oct 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: - Price - Past Performance DESCRIPTION OF REQUIREMENT: Description of Work: Removal and replacement of existing carpet and vinyl flooring at ten (10) different housing locations, including both barracks and single family homes. All materials, supplies, disposal and labor necessary to meet the requirements are to be included. As part of the labor the contractor will move the necessary items, such as furniture, beds, or appliances, to properly install the carpet or vinyl. The contractor will submit a schedule of the work to be completed 10 days after award of the contract. Because some of the locations will have tenants, a minimum of 2-weeks' notice must be given before preforming work at those locations. Any vacant house or barracks will be completed first, followed by occupied units. Tenants will be responsible for moving all personal items. Contractor Responsibility: The Contractor shall provide everything--including, but not limited to, all equipment, supplies, transportation, labor, and supervision--necessary to complete the project, except for that which the contract clearly states is to be furnished by the Government. Project Location & Description: Location: The project is located on the Inyo National Forest at five (5) different locations in the Eastern Sierra of California: Lone Pine, Independence, Bishop, Mammoth Lakes, and Lee Vining. Maps are attached. Site Visits: Please contact Debbie McLaughlin at 760-873-2452 to arrange site visits. Description: - Single family home 1006, and barracks 1376 and 1026 are located at the Mono Lake Ranger Station Compound in Lee Vining, CA. This site is located off Hwy 395, on Hwy 120 W. approx. 2 miles on the left hand side of the road at the Lee Vining Ranger District Administration Site. See attached maps. - Single family home 1007 (6 Ruby Ln), and barracks 1341 (4 Ritter Rd), and 1342 (30 Ritter Rd.) are located on the Mammoth Compound, in Mammoth Lakes, CA off Hwy 395, on Hwy 203 approx. 3 miles make a right on Sawmill Rd Cutoff, left on Ritter Rd, 4 Ritter Rd and 30 Ritter Rd. and 6 Ruby. See attached maps. - Hot Shot Barracks 1378 (210 E. Yaney St) and the Rec Barracks 1351 (188 E. Yaney St.) are located on the White Mountain Compound in Bishop, CA and are located off Hwy 395, turn on E. Yaney at 188 E. Yaney St. and 210 E. Yaney St., the barracks are located on the right hand side of the street behind the White Mountain Ranger District. See attached maps. - Helitack Base Barracks is located off Hwy 395 in Independence, CA at 770 E. Edwards St. See attached maps. - Lone Pine Barracks is located on the Mount Whitney Ranger Station Compound in Lone Pine, CA the barracks are located off Hwy 395 at 107 E. Inyo St. on the Mt. Whitney Ranger District compound. See attached maps. Accessibility: All locations are accessible by car, truck and are located on paved roads. Any prospective contractor desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing from the Contracting Officer soon enough to allow a reply to reach all prospective contractors before the solicitation closing date. Oral explanations or instructions given before the award of a contract will not be binding. Maps Maps are attached of each location. Estimated Start Date & Contract Time Start: June 27, 2017 Time: 60 Days Restrictions on Work Work must be performed Monday-Friday from 9:00 am to 6:00 pm only during the period of the contract, until the work and the contract is completed, except as outlined here. Additional working hours may be negotiated with the Contracting Officer. Nothing in this part shall be construed to take away any of the Government's rights under the Suspension of Work Clause (52.242-14). Technical Requirements/Specifications Specifications: The type of flooring that will be required at each location is based on the type of housing. All color and patterns will be determined before material is ordered, and must be approved by the Contracting Officer's Representative (COR). Products shall be American-made. Single Family Homes: - Carpet shall be new cut pile nylon residential carpet with 6 lb. padding, base boards shall be new and match existing. - Sheet vinyl shall be Armstrong Strata Max Good or equivalent including new base shoe. Barracks: - Carpet shall be textured loop commercial grade, baseboards shall match existing - Sheet vinyl shall be Armstrong Strata Max Good or equivalent, baseboards will be rubberized cove base. The following are the locations with approximate square footage for each type of flooring. All measurements are to be field-verified and it is the responsibility of the contractor to ensure accuracy of the measurements prior to quoting. 1. Building 1006 Single Family House - Lee Vining (approx. 1000 sq. ft. house) a. 800 sq. ft. carpet b. 200 sq. ft. sheet vinyl 2. Building 1376 Lee Vining Fire Barracks - Lee Vining (approx. 1600 sq. ft. barracks) a. 1285sq. ft. carpet 3. Building 1026 Lee Vining Rec Barracks - Lee Vining (approx. 1700 sq. ft. barracks) a. 750 sq. ft. carpet b. 950 sq. ft. sheet vinyl 4. Building 1341 Mammoth Rec Barracks - 4 Ritter Rd, Mammoth Lakes (approx. 1800 sq. ft. house) a. 1000 sq. ft. carpet b. 800 sq. ft. sheet vinyl 5. Building 1342 Mammoth Fire Barracks - 30 Ritter Rd, Mammoth Lakes (approx. 1600 sq. ft. barracks) a. 1200 sq. ft. carpet b. 300 sq. ft. sheet vinyl 6. Building 1007 Single Family House- 6 Ruby Lane, Mammoth Lakes (approx. 1225 sq. ft. house) a. 1000 sq. ft. carpet b. 200 sq. ft. sheet vinyl 7. Building 1378 Bishop Hot Shot Barracks - 210 E. Yaney St., Bishop (approx.1600 sq. ft. barracks) a. 1600 sq. ft. sheet vinyl 8. Building 1351 Bishop Rec Barracks - 188 E. Yaney St., Bishop (approx. 2080 sq. ft. barracks) a. 1580 sq. ft. carpet b. 500 sq. ft. sheet vinyl 9. Building 1377 Independence Helitack Barracks - 770 E. Edwards St., Independence (approx. 1600 sq. ft. barracks) a. 200sq. ft. carpet b. 300 sq. ft. sheet vinyl 10. Building 1350 Lone Pine Barracks - 107 E. Inyo St., Lone Pine (approx.1600 sq. ft.) a. 1200 sq. ft. carpet b. 300 sq. ft. sheet vinyl Contractor-Furnished Equipment Contractor will furnish all labor and equipment to complete the job. Government-Furnished Property None. PROVISIONS AND CLAUSES: The contractor shall comply with the following FAR clauses (current revision) which are incorporated in this contract by reference, to implement provisions of law or Executive Orders applicable to acquisitions of commercial items: (full text of all provisions and clauses to be found at: http://acquisition.gov/comp/far/loadmainre.html ) The solicitation document and incorporate provisions and clauses are those in effect through Federal Acquisition Circulars 2005-094 (Jan. 13, 2017) and 2005-095 (Jan. 19, 2017). 52.212-1 Instructions to Offerors-Commercial Items (Jan 2017) 52.212-3 Offeror Representations and Certifications--Commercial Items (Jan 2017) 52.212-4 Contract Terms and Conditions--Commercial Items (Jan 2017) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (JAN 2017) (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 (Nov 2015). (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: __ (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 (Oct 2015) (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.) XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (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). XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (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] XX (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 (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (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 (Nov 2016) of 52.219-9. __ (v) Alternate IV (Nov 2016) 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 (Jan 2017) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)). XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). XX (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 (Feb 2016) (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 (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. __ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016). __ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __ (40)(i) 52.223-13, Acquisition of EPEAT-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (41)(i) 52.223-14, Acquisition of EPEAT-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (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 (Aug 2011) (E.O. 13513). __ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693). __ (47) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). XX (48)(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. XX (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (50) 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). __ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (55) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). XX (56) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (57) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (60)(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: __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). XX (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). XX (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). XX (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 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (11) 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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($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 (Sept 2016) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (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 (Feb 2016) (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 Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 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). (xiii) 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). (xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 52.223-1 Biobased Product Certification. (May 2012) As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements. FAR 52.223-2, Affirmative Procurement of Bio-based Products under Service and Construction Contracts. (Sep 2013). 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond September 30, 2017. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2017, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.