Herbicide Release on the Apalachicola National Forest

(i) 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. (ii) AG-4283-S-17-0021 is issued as a request for quotes (RFQ). (iii) A statement that the solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. (iv) This solicitation is a (100%) Total Small Business set-aside. The associated NAICS code is 115310 and small business size standard is $7.5 Million. (v) See Attached Schedule of Items (vi) DESCRIPTION / SPECIFICATIONS / WORK STATEMENT DIVISION 100 - GENERAL SPECIFICATIONS 100 SCOPE - Furnish all labor, supplies, tools, transportation, and supervision necessary for herbicide release. The Government will furnish no materials, labor, or equipment unless specifically identified in the Government-Furnished Property Clause. Contractor must be certified by the State of Florida as a pesticide applicator. After viewing alternate areas with the Contractor, the Contracting Officer (CO) reserves the right to substitute, at the contract price, the same type and amount of work in other areas similar in topography and conditions within the Ranger District boundaries shown on the maps in lieu of the original areas when it is determined by the Contracting Officer that the original areas or portions thereof are unsuitable or unavailable for performance of the specified work. Equipment movement of more than five (5) miles from the nearest boundary of the original area to the substitute areas will be paid for at rates mutually agreed upon between the Parties. 120 DESCRIPTION AND LOCATION - All areas are within the boundaries of the Apalachicola National Forest, Leon County, Florida (see attached maps). Ground conditions are primarily dry, but some areas may contain wet sections. Boundaries of areas to be treated are designated by flagging, plowed firelines, roads as shown on the maps, or natural boundaries. 130 GOVERNMENT-FURNISHED PROPERTY - The government shall deliver to the contractor the following listed material, supplies, and property at the place and time specified below. The Government will furnish all herbicide (Triclopry 3a ) and Spray Pattern Indicator for the herbicide solution. Government-furnished property will be located at the U.S. Forest Service Wakulla Work Center, 10703 Bloxham Cutoff (Highway 267) Tallahassee, FL 32305. Contractor will be responsible for delivery of this property to and from the job sites. The contractor can pick up Government-furnished property from 8:00 a.m. to 4:00 pm, Monday-Friday (except Federal holidays). 140 CONTRACTOR-FURNISHED ITEMS - The contractor will furnish all materials and equipment needed to complete the contract, except as specified in Section 130. Equipment Requirements a) Herbicide approved handheld spray bottles b) Nurse tank of at least 100 gallons of clean water c) Mixing tank of 10-50 gallons (separate from nurse tank) d) Water for herbicide mixing or clean-up. e) Protective equipment and clothing for crew f) Equipment and supplies for decontamination site g) Hand or power tools at the contractors discretion. This can include: powered brush cutters, brush axes, bush hooks, machetes, hand saws, chainsaws, or any other equipment that will clear brush without damaging pine seedlings. DIVISION 200 - TECHNICAL SPECIFICATIONS 210 HACK-N-SQUIRT/CUT STUMP METHOD - This treatment is for pine stands overgrown with hardwood trees and woody shrubs that are generally more than 4 feet tall. Most areas are sapling sized longleaf pine plantations, and others are mature pine stands that have become overgrown. Size, density and type of vegetation to be treated varies widely. The designated areas shall receive both of the following 2-part treatments: Treatment 1 - All hardwood and woody shrub vegetation greater than 1 ft. tall, with a root collar diameter up to 3 inches will be cut (In the past, gas powered brush cutters/clearing saws have been most effective). In areas adjacent to motorcycle trails, any brush to be treated that fall onto the trail will be cut, and pulled away from the trail with the stump end facing away from the trail. The cut surface of hardwood trees, shrubs and palmetto between 1 and 3 inches in diameter at the root collar shall be sprayed or brushed with the herbicide solution. Apply herbicide mix to the cambium area (the wood next to the bark) of the stump; do not over apply causing run-off. Stumps will be no higher than 3 inch above ground. Felled trees shall be removed from roads, trails, fences and tortoise burrow entrances. Treatment 2 - Standing hardwood trees and shrubs greater than 3 inches in diameter at the root collar shall be frilled using cutting tools. Make cuts around the tree trunk at a convenient height with a hatchet or similar equipment so that the cuts overlap slightly and make a continuous circle around the trunk. Spray 1/2 milliliter of undiluted Triclopyr 3A or 1 milliliter of the diluted solution into the pocket created between the bark and the inner stem/trunk by each cut. Trees are not to be felled. In areas adjacent to motorcycle trails, any trees to be treated that could fall onto the trail will be cut within 3 inches of the ground, and pulled away from the trail with the stump end of the tree facing away from the trail. A chainsaw could be used in place of a hatchet, provided that the saw not cut too deeply into the tree. 1. Longleaf Pines are not to be damaged or sprayed. Cut stems shall not be left leaning against or on top of longleaf pines in a manner causing the longleaf stems to bend. Longleaf pines bent over by cut vegetation shall be immediately released. 2. The herbicide mixture is specified in Section 220. Only the COR may approve substitutions to the chemical mixture listed. The COR shall be on-site, during all mixing operations 3. Herbicide application must occur immediately (within 5 minutes) after the cut is made. 4. Application of herbicide will only be permitted when vegetation is dry, and there is no threat of rain for 4 hours after application. 5. Trees larger than 10 inch diameter at breast height (DBH) will be left untreated. 6. Do not treat trees marked as leave trees. 7. Herbicide use must be monitored on Attachment A to ensure that not more than 4 lb. of active ingredient per acre is used. (2.6 gallons of herbicide mixture per acre) 8. Areas with standing water shall be avoided. 9. Any felled trees shall be removed from roads, trails, fences and tortoise burrow entrances. 220 HERBICIDE MIXING AND HANDLING PROCEDURES 1. A Florida Certified Pesticide Applicator must be on site at all times during treatment. 2. The COR shall be on-site, during all mixing operations. 3. Herbicides will be mixed according to the following formula or equivalent and shall be on a volume by volume basis. a. Hack-N-Squirt/Cut Stump - 50% Triclopyr 3a, 49% water, 1% Spray Indicator Dye 4. The Contractor shall plan herbicide mix quantities so that no mixed solution is left over after the end of the job. Contractor will be charged for excess herbicide mixed. 5. Mixing operations shall take place on-site of the treatment area. Contractor will not re-use herbicide containers to mix or disperse herbicide solution. 6. All rinsing of herbicide containers will take place on the treatment site and away from designated leave areas. Rinse water will be added to the spray mix in the mixing tank and shall be used as part of the application. Contractor shall triple rinse, air-dry, and puncture the containers while on the job site. Empty containers will be checked-in at the Forest Service Work Center, prior to new chemical being issued. 7. Contractor shall be responsible for recording the amount of herbicide and mixture applied to each area on the "Calculated Herbicide Use Amount by Stand" form. Contractor shall turn in this record to the COR after the completion of each area, before entering other sites or acceptance of work performed. 240 HERBICIDE APPLICATION REQUIREMENTS 1. Contractor shall be responsible for providing the proper personal protective equipment for his/herself and crew. 2. The contractor shall be responsible for making certain that spray equipment is applying the specified volume of herbicide solution. 3. Contractor shall be responsible for recording the amount of herbicide and mixture applied to each area and recording the weather (wind speed & direction, relative humidity, and temperature), during application. The contractor may use the "Calculated Herbicide Use Amount by Stand" form (Exhibit A), or another acceptable record approved by the COR. Contractor shall provide this record to the COR after completion and acceptance of each stand, and before entering other stands. 250 EQUIPMENT AND PERSONNEL REQUIREMENTS - All equipment brought in by the Contractor must be inspected by the COR to ensure it is cleaned of soil, seeds, vegetative matter, and other debris that could contain or hold seeds/spores. Contractor shall not move any equipment onto the contract areas without having cleaned such equipment. Contractor will not be allowed to clean equipment on Forest Service Property. The Contractor will designate in writing a non-working supervisor conversant in the English language for each crew of workers. The designation shall indicate the limits of the supervisor's authority. When two or more people are designated as supervisor, their written delegation shall indicate the priority of their designation so no more than one person shall be in charge of a crew at any one time. The supervisor shall be with the crew at all times while the crew is working. The contractor will furnish sufficient equipment and personnel to treat a Minimum of 10 acres per working day. DIVISION 300 - HERBICIDE SAFETY 310 PERMITS AND RESPONSIBILITIES FOR THE WORK - The contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses, certifications and permits, and for complying with any applicable Federal, State, and municipal laws, codes, and regulations in connection with the use of pesticides under this contract. The contractor's handlers and workers will meet all provisions of the Environmental Protection Agency (EPA) Worker Protection Standard (WPS). The contractor shall follow all instructions found on the manufacturer's label for herbicides, and follow Worker Protection Standards (WPS) for workers' safety. The contractor shall provide a decontamination site wherever the crew is working. This includes uncontaminated rinse water for first aid per manufacturer's herbicide label. 320 TRAINING - Contractor will instruct each applicator on the safe use of the herbicide(s) to be applied so as to protect themselves and the environment. The suggested areas to be covered are: safe handling and proper application, transportation, storage, and disposal of the containers. 330 TRANSPORTATION OF HERBICIDES - Contractor shall be legally responsible for the safe transportation of herbicides. Contractor shall follow travel routes designated by the COR, when transporting herbicides from the public road system to the treatment sites. Transport vehicles shall be parked inside the treatment site, away from leave areas, or an area designated by the COR. Transportation of herbicides used on this contract shall be in accordance with label instructions and the general approved and accepted procedures for safe transportation of herbicides. The following precautions should be taken by the contractor to prevent spills, accidents, injury or theft: - Pesticides should not be transported in the same compartment with food, clothing, or personnel. Transport herbicides in the cargo compartment of a truck or other vehicle away from the passenger compartment. - No personnel should ride in the back of a vehicle with herbicide. - All herbicide containers should be tied down or otherwise constrained to prevent breakage or spillage. Containers shall be protected from rain. - Unlocked herbicides should not be left unattended. - If any herbicide is spilled in or from the vehicle, it will be cleaned up immediately and the COR shall be notified. - Contractor should carry moisture absorbent material (i.e. kitty litter) to clean up any herbicide spills or leaks. 340 HANDLING AND APPLICATION OF HERBICIDES - Contractor shall ensure that personnel use proper protective clothing and safety equipment required by labeling for the herbicide and application method. Indicator dye is used for applicator safety as well as for monitoring work performance. If workers are excessively covered by indicator dye, it may imply unsafe working conditions. Herbicide shall not be applied or equipment cleaned outside of areas designated by COR. Following these simple rules will help make the use of the herbicide safer for everyone: -- Read the safety information on the label. -- Wear the proper protective equipment (PPE). -- Maintain a first aid kit on the work site. -- Do not work alone. -- Checkout and haul not more than one and one-half (1) days of herbicide needed. -- Stand upwind from the spray projects to avoid being contaminated and avoid walking through areas that have been recently treated especially if the areas are still wet. -- Keep the container below eye level, when pouring, to avoid splashing or spilling any herbicide onto the face or into the eyes. -- If herbicides are spilled onto personnel, follow recommendations on the Material Safety Data Sheet (MSDS) for proper treatment. -- Keep measuring cups and other equipment clean and properly stored when not in use. -- Wash hands carefully before eating, smoking, or using the bathroom. 350 HERBICIDE SPILLS - Contractor shall be responsible for all costs of damages, clean up, and decontamination should an herbicide spill occur. COR shall be notified immediately of any herbicide spill or accident. DIVISION 400 - RESOURCE PROTECTION 410 PROTECTION OF PRIVATE LAND AND LEAVE TREES - The contractor will not apply herbicide within 100 feet of private land, within 300 feet of private wells, or within 50 feet of the drip line of designated Live Oak (Quercus virginiana) trees. These areas will be pointed out and flagged by the COR. 420 PROTECTION OF STREAMS, LAKES, AND RESERVOIRS - Contractor shall take precautions to prevent pollution of streams, lakes and reservoirs by fuels, oils, other chemicals, silt or other harmful materials. Operations shall be conducted in a manner so as to avoid siltation of streams, lakes, and reservoirs; loss of embankment materials during high flow periods; and interference with movement of migratory fish. All streams will be kept free of contractor-generated debris. 430 DISPOSAL OF CONTRACTOR-GENERATED DEBRIS - All Contractor-generated debris shall be removed from National Forest land and disposed of properly. 440 PROTECTION OF PROPOSED, ENDANGERED, THREATENED, OR SENSITIVE SPECIES OF SPECIAL CONCERN - The eastern indigo snake, red-cockaded woodpecker, and gopher tortoise are protected by state and/or federal law. If the Contractor encounters these species during the performance of this contract, the Contractor shall take all necessary precautions to protect these species from injury, death, or capture. COR will furnish information on identification and habits of the species. Do not apply herbicide within 60 feet of any proposed, endangered, threatened, or sensitive (PETS) plant. PETS plant locations will be designated by the COR or Inspector. 450 EROSION CONTROL - All equipment shall be operated in a manner to minimize soil disturbance. COR may shut down the operation, if excess rutting occurs. 460 PROTECTION OF ARCHEOLOGIC RESOURCES - Upon discovery of suspected archeological or historical material, the Contractor shall cease work in the vicinity of such material and immediately notify the COR or Inspector. 470 PROTECTION OF IMPROVEMENTS - The Contractor shall protect all roads, ditches, powerline ROW, Forest Service boundary markers, and other improvements in the project area. Any road used by the Contractor that is damaged by this operation shall be repaired by the Contractor. (vii) The period of performance of this contract is from September 6, 2017 through September 28, 2017. (viii) The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. (ix) The provision at 52.212-2, Evaluation-Commercial Items applies. (x) Offerors are to include a completed copy of the Provision 52.212-3, Offeror Representations and Certifications-Commercial Items applies to this acquisition, with its offer. (xi) Clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. (xii) Clause at 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) 52.203-19, 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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). _X__ (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 (Jun 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 (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] _X__ (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 (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] _X__ (14) (i) 52.219-6, Notice of Total Small Business 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. _X__ (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 (Jan 2017) (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. 657f). ___ (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)). _X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). _X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X__ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). _X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). _X__ (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). _X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X__ (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). _X__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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, DoD, GSA, 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 Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. _X__ (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. _X__ (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. 13696). ___ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). ___ (ii) Alternate I (Jan 2017) of 52.224-3. _X__ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (49) (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. _X__ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). _X__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X__ (57) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (58) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). ___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)). ___ (62) (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.] _X__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _X__ (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). _X__ (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). _X__ (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). _X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). ___ (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 (Sep 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) 52.203-19, 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) 52.219-8, 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. (iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment...