AG-82B1-S-09-0024SolPkg.pdf

Solicitation AG-82B1-S-09-0024 Page 3 of 65

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

ARRA Libby District Mastication 2009 Kootenai National Forest - Canoe Gulch Ranger District - Lincoln County, Libby, Montana

B-1 SCHEDULE OF ITEMS

Item Estimated Unit Total Number Description Unit Quantity Price Price_____

500 KRN Unit 41 Acres 55 $_________ $___________ 501 KRN Unit 49 Acres 46 $_________ $___________ 502 Bobtail Cut-off Acres 20 $_________ $___________ 503 KRN Unit 13 Acres 8 $_________ $___________ 504 KRN Post and Pole Pile 4 $_________ $___________ 510 F-to-M Units 3 & 4 Acres 48 $_________ $___________ 511 F-to-M Units 11 Acres 36 $_________ $___________

TOTAL PRICE $___________

B-2 - INCIDENTAL PAYMENT ITEMS The intent of the contract is to provide for the completion of the project described in the contract. Unless otherwise provided, the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies and perform all work required to complete the project in accordance with drawings, specifications, and provisions of the contract. Payment for contract work will be made only for and under those pay items included in the Schedule of Items. All other work and materials will be considered as incidental to and included in the payment for items shown.

SECTION C –DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 – SCOPE OF WORK

The scope of this contract is to provide required services to accomplish stand treatments related to the reduction of standing, downed, and/or piled fuel through mastication/mulching. In conformance with the scope of this contract, the contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the work, and shall organize and direct all equipment and personnel needed to accomplish the work in strict accordance with the specifications herein. The required mastication equipment is specified under Section C-5, EQUIPMENT herein, and the contractor shall comply with its provisions in implementing this scope of work.

C-2 LOCATION AND DESCRIPTION

(1) Description. The work consists of machine mastication/mulching. The work may occur on slopes up to 35 percent and on wet and/or rocky terrain.

(2) Location. The work is located within the Libby Ranger District of the Kootenai National Forest, headquartered in Libby, Montana. All work is located in either the vicinity of the Libby airport or in the Pipe Creek-Bobtail Area. Specific locations can be found in the attached maps. Item 500 and 501are located on Pipe Creek Road. Item 500 is across from the county landfill and item 501 is just past the Sheldon Mtn Road on the left side of Pipe Creek. Item 502 is located on the south side of the Bobtail Cut-off road (SE1/4 Sec.03 T31N R31W). Item 503 is located on the main Bobtail Creek road about 1/2 mile north of the Bobtail Cut-off junction (SW1/4 Sec.04 T31N R31W). Item 504 is located right at the junction of the Bobtail Creek and the Bobtail Cut-off roads (SW1/4 Sec. 09 T31N R31W). Item 510 is located off of the main Swede Mtn. road 533 South of the town of Libby (SW1/4 Sec.30 T30N R30W). Item 511 is located on the main Farm-to-Market road about 1 mile north of the Libby airport (SE1/4 Sec.01 T29N R31W).

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(3) Accessibility. The general vicinity of the contract areas may be reached by forest or county roads that are accessible by standard pickup during the normal operation season. The Forest Service assumes no obligation to plow snow or perform special maintenance to keep roads open. Some items may require a short walk-in by the equipment (less than ¼ mile from open roads). It is the Contractor's responsibility to keep current on road restrictions. A written request to access closed roads by motorized vehicles shall be submitted to the District Ranger or designated Staff Officer for approval, through the Contracting Officers Representative (COR), a minimum of one week prior to scheduled useage. The Contractor shall lock all gates upon entering and leaving the unit area. For planning purposes, the Contractor shall assume that the motorized travel will be restricted on roads not shown on the attached maps.

Some roads are not shown in their entirety, or are not shown at all on the District Road Access Map. Contact the COR regarding access.

Timing of road use may have to be coordinated with other users through contact with the COR.

(4) Boundaries. Unit boundaries will either be flagged or contained by roads or some other easily definable boundary. Wildlife leave islands will be flagged in a different color to identify areas that will not be masticated.

Aerial photos and/or photocopies of the units will be available for inspection to assist the Contractor with unit boundaries.

(5) Detailed Unit Information. Additional information can be obtained by contacting Nikia Hernandez or Kevin Cardwell at Canoe Gulch Ranger Station, telephone (406) 293-7773 during business hours.

C-3 DEFINITIONS

Access point – The point identified for access to the fuel reduction areas.

Calendar Days – Every day shown on the calendar, Sundays and holidays included.

Contracting Officer’s Representative – The on-site contract administrator for the Contracting Officer. The duties and responsibilities of the COR are defined in the letter of designation issued by the Contracting Officer.

Mastication/Mulching – To reduce to a pulp by crushing, grinding or chewing and spreading the material throughout the stand in accordance with Performance Standards.

Standing woody material – standing trees and brush

Slash – limbs and trunks of downed trees.

Diameter at breast height (D.B.H.) – The diameter of a standing tree at 4.5 feet above the ground

C-4 CONTRACTOR RESPONSIBILITIES

a) PERFORMANCE STANDARD – Item 500 and 501: Standing woody material 5 inches or less in diameter at breast height (D.B.H.) shall be masticated. Exceptions would include good quality ponderosa pine, western larch, and all hardwood species. Additional leave tree species and wildlife leave islands may be identified in a pre-work meeting. Thickets of ponderosa pine or western larch shall be thinned to 12 foot spacing based on best tree selection. Stumps shall be no higher than 6 inches from the ground or below the lowest living (green) branch on the tree, whichever is lower. Masticated material should be processed enough that pieces vary in size and length with the majority (95% or more) of the masticated material being less than 4 feet in length. Material shall be scattered so the masticated material does not exceed a depth of 1 foot.

Operations should be conducted with minimal to no damage to residual trees. Roads shall be kept clear of Contractor created mulch from the top of the cut slope to the toe of the fill. Equipment working (or equivalent) signs shall be posted on any open roads to notify traffic while operations are occurring. Masticated material along private property lines shall be approached so that material is scattered onto National Forest Systems land and not onto private land.

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b) PERFORMANCE STANDARD – Item 500 and 501: Existing downed woody debris will not require mastication unless it exceeds 10 tons per acre. This may require coordination with the designated COR.

c) PERFORMANCE STANDARD – Item 502, 503, 510, and 511: The contractor shall masticate all the existing machine grapple piles left from the previous timber sale harvest activity. The piles are distributed throughout the unit and are small to medium size excavator piles. Masticated material should be processed enough that pieces vary in size and length with the majority (95% or more) of the masticated material being less than 4 feet in length. Material shall be scattered so the masticated material does not exceed a depth of 1 foot. Operations should be conducted with minimal to no damage to residual trees. Roads shall be kept clear of Contractor created mulch from the top of the cut slope to the toe of the fill. Equipment working (or equivalent) signs shall be posted on any open roads to notify traffic while operations are occuring. Masticated piles along private property lines shall be approached so that material is scattered onto National Forest Systems land and not onto private land.

d) PERFORMANCE STANDARD – Item 504: The contractor shall masticate existing small landing piles left from the previous timber sale harvest activity. The 4 piles are distributed throughout the unit and are within ¼ mile of each other. Masticated material should be processed enough that pieces vary in size and length with the majority (95% or more) of the masticated material being less than 4 feet in length. Material shall be scattered so the masticated material does not exceed a depth of 1 foot. Operations should be conducted with minimal to no damage to residual trees. Roads shall be kept clear of Contractor created mulch from the top of the cut slope to the toe of the fill. Equipment working (or equivalent) signs shall be posted on any open roads to notify traffic while operations are occuring. Masticated piles along private property lines shall be approached so that material is scattered onto National Forest Systems land and not onto private land.

e) PERFORMANCE STANDARD (Protection of Existing Facilities, Developments and Resources) – All Items: The Contractor shall exercise extreme care to prevent damage to existing facilities, developments, and resources.

(1) Existing Facilities – Any existing facilities, such as roads, culverts, erosion dips, drainage facilities, barriers, fences, section corners, bearing trees, utilities, signs, and research plot markers that are damaged by the Contractor’s actions, shall be replaced or repaired by the Contractor at no cost to the Government.

(2) Protection of Stream Courses - Contractor shall not operate any equipment within 50 feet of any intermittent stream or 100 feet of any year round stream. Slash shall be pulled out of dry draws with defined channels and draws that have the potential to flow water. Masticating in or crossing any intermittent stream, year round stream or wet areas is strictly prohibited.

(3) Protection of Resources - The Contractor shall protect all “Areas to Protect”, and all known and identified or discovered historic or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture against destruction, obliteration, removal or damage during Contractor's operations. The Contractor shall immediately notify the Forest Service if a new site is discovered or damage occurs to any Cultural Resources and immediately halt operations in the vicinity of the Resource where damage occurred until the Forest Service authorizes the Contractor to proceed. If such damage is negligently or willfully caused by the Contractor's operations, the Contractor shall bear costs of investigation and restoration in accordance with 36 CFR 296.14(c), provided that such payment shall not relieve Contractor from civil or criminal remedies otherwise provided by law. Wheeled or track-laying equipment shall not be operated within such areas except on approved roads, landings, tractor roads or skid trails. Unless agreed otherwise, trees shall not be felled into such areas.

f) PERFORMANCE STANDARD (Prevention and Control of Soil Erosion) – All Items: The Contractor shall minimize soil erosion. Precautions shall include prevention of gulling of roads and skid trails within and adjacent to the mastication units. On steeper ground the excavator shall not use the same path to move around to the extent that rutting in the traveled path begins to form. Equipment shall not be operated with in the contract

Solicitation AG-82B1-S-09-0024 Page 6 of 65 area when ground conditions are such that excessive damage may occur. The Forest Service shall suspend operations of any machine work when they deem conditions are not conducive to masticating. This may include steep slopes, wet soils, and puddling due to rain or thaw. Soil moistures greater than 18% will be considered potentially damaging ground conditions.

g) PERFORMANCE STANDARD (Noxious Weed Control) – All Items: The Contractor shall clean all off-road equipment prior to entry onto the project area. Remove all dirt and plant parts and material that could carry noxious weed seeds into the project area. Only off-road equipment so cleaned and inspected by the Forest Service will be allowed to operate within the project area. Treat all subsequent move-ins of off-road equipment in the same manner as initial move-ins. “Off-road equipment” does not include personal vehicles or support equipment that remains on the main travel route.

Prior to the initial move-in, the Contractor shall make all off-road equipment available for inspection by the Forest Service at a mutually agreed upon location, by providing the Forest Service COR, or his /her designated representative, a minimum 24 hours advance notice as to when the equipment will be ready for inspection.

If the Contractor desires to clean off-road equipment on National Forest Land prior to moving to a new unit, the Contractor and the Forest Service COR, or his/her authorized representative, shall agree on methods of cleaning, locations for the cleaning, and control of off-site impacts, if any.

C-5 EQUIPMENT

A masticator is mechanical brush cutting equipment consisting of vertically or horizontally mounted shaft with the brush cutting head being fixed to equipment or mounted to a boom. The brush cutting head chops, grinds, or flails woody vegetation. The machines come in various sizes for different needs and land characteristics.

All equipment shall be in good operating and mechanical condition and operated in a proper and safe manner. The Contractor shall use equipment meeting the following specifications:

a) The masticator shall have a vertically or horizontally orientated shaft that is mounted to a tracked machine such as an excavator.

b) The masticating head should be able to grind/mulch trees up to six inches in diameter.

c) The tracked machine must produce less than 7 pounds of ground pressure per square inch. Its horsepower rating should be between 50 and 100 horsepower.

d) Since masticator heads tend to throw chunks of wood in all directions the machine will be required to have protective screening around the cab (an enclosed cab) in order to protect the operator from flying material.

e) The masticating head and the tracked machine shall be free of fluid leaks. The machine shall be equipped with a reinforced belly pan to protect hydraulic hoses from damage by stumps and rocks.

C - 6 CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM. In accordance with 52.246-4 Inspection of Services – Fixed Price (AUG 1996), Paragraph (b) the Contractor shall propose and adopt a quality control inspection system to ensure that the required work meets the specifications. The Contractor may use the Inspection and Acceptance Requirements stated under Government Responsibilities as an inspection system if desired. Any proposed inspection system shall produce written inspection data which shall be provided in a timely manner as agreed to by the Contracting Officer. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

SECTION D – PACKAGING AND MARKING

This section is left blank intentionally.

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SECTION E – INSPECTION AND ACCEPTANCE

E-1 PERFORMANCE ASSESSMENT PLAN (PAP) In accordance with 52.246-4, Inspection of Services – Fixed Price (AUG 1996), Paragraph , the contractor shall comply with the provisions therein, and the COR will inspect the Contractor’s performance, on a random basis under this contract, to ensure that mastication is being properly performed, the proper amount of downed woody material is being left scattered throughout the units, and that equipment has been properly washed and maintained to prevent noxious weeds from being transported into the units.

E-2 Unacceptable performance occurs when the Contractor responsibilities fail to meet stated PERFORMANCE STANDARDS. The Government will not pay for unacceptable performance. When unacceptable performance is observed, the COR will document the unacceptable performance on a work order as well as meet with the Contractor at the job site to ensure that the Contractor is aware of the unacceptable service.

The Government’s inspection of the work does not relieve the Contractor of its responsibility to provide an inspection system as stated in the FAR clause 52.246-4, paragraph (b), stated above (see Section C-6 Contractor Quality Control Inspection System).

E-3 Inspection Procedure for Mastication

(1) The Government will make a visual examination of the work. If the visual examination shows the work may not be done in conformance with the contract specifications the following systematic inspection procedure will be made:

(a) The Government will make an inspection of each contract item to determine acceptability. The results will not be averaged with any other item for payment purposes. The Contractor is encouraged to observe the inspection. Inspection consists of visually checking unit for adherence to contract performance standards. Diameter at breast height will be measured to ensure the mastication of the proper size class (<5 inches) of standing woody material. In addition, ocular estimates will be the method for determining ton per acre of unmasticated downed woody material remaining on site. If there is disagreement between the contractor and the agency then Brown’s Down Woody Fuel Surveys will be used to quantify the tons per acre.

E-4 Inspection of Masticated Unit. Acceptance will be determined by an inspection of the areas requiring treatment and will be based on adherence to the specifications. Nonconformance with any of the specifications will classify the treatment as unsatisfactory and rework will be required to bring the treatment up to specification standards.

Requirement Performance Standard Method of Assessment

Incentive/Deduction

Mastication Unit masticated as described in performance standards

Random Sample Rework to correct deficiencies.

Unmasticated Steep Ground

Ground too steep to masticate

Unmasticated area will be traversed by use of a GPS. Area will be summed to provide a total area not masticated in the unit.

The total unmasticated area will be subtracted from the unit acres and no payment will be made on the acres not masticated.

Unmasticated Woody Material

Leaving the designated amount of properly sized downed woody material scattered throughout the unit.

Random Sample If more than 10 tons/acre of downed woody debris (greater than 3”) are left unmasticated the unit shall be reworked.

Ground Disturbance Any machine masticating Random Sample Any rutting or gouging will

Solicitation AG-82B1-S-09-0024 Page 8 of 65 shall be done in a manner which minimizes scarification and soil disturbance to less than 20% of the area.

be repaired by hand or machine. If damage cannot be repaired up to 15 % deduction of the Items total sum can be made.

Noxious Weed Control

Equipment to be washed and free of dirt and weeds.

Inspection prior to entering unit.

Equipment not permitted to enter unit until it passes inspection.

SECTION F – DELIVERIES OR PERFORMANCE

CLAUSES INCORPORATED BY REFERENCE:

52.242-15 Stop-Work Order. (AUG 1989)

52.242-17 Government Delay of Work. (APR 1984)

PERIOD OF PERFORMANCE

(a) Contract Time and Required Rate of Progress

Item No. (Mandatory) Estimated Start Work Date Completion Date

500 KRN Unit 41 September 15, 2009 December 31, 2011* 501 KRN Unit 49 for all 7 of these items December 31, 2011* 502 Bobtail Cut-off July 1, 2010* 503 KRN Unit 13 December 31, 2011* 504 KRN Post and Pole July 1, 2010* 510 F-to-M Units 3 & 4 December 31, 2011* 511 F-to-M Units 11 December 31, 2011*

*unless weather or fire danger conditions are not conducive to machine masticating

The Contractor shall maintain progress at a rate which will assure completion of all work by the completion dates.

Also note that the completion date for each project will be revised based on the actual contract award date.

SECTION G – CONTRACT ADMINISTRATION DATA

G-1 – MEASUREMENT AND PAYMENT

Measurement. The acreage of each unit was determined using Global Positioning System measurements.

If the contractor’s measurements differ from these data, the contractor shall notify the COR immediately to reach a definitive, mutual understanding of the scope of the work.

Noxious Weeds Control Requirements are incidental to, and are included in the machine mastication portion of this scope of work.

Basis Of Payment. Payment will be made at the contract unit price for work completed and accepted in accordance with the above required specifications, and the Payments clause, FAR 52.231-1, Payments, incorporated by reference herein.

FINAL PAYMENT

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The amount of the final payment will be calculated as described above and approved for payment after--

(a) Completion and acceptance of all work in each Item;

(b) Presentation of a properly executed invoice; and

Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically accepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15).

AGAR 452.215-73 Post Award Conference (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at (to be determined).

AGAR 452.237-74 Key Personnel (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: _________________

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Section H – SPECIAL CONTRACT REQUIREMENTS

The following clauses, mandated by the American Recovery and Reinvestment Act, are hereby incorporated in full text. The immediate following clause requires reports to be filed the 10th day after the close of each quarter to www.FederalReporting.gov, pursuant to paragraph (d) therein. That website will not be operational until October 2, 2009; accordingly, the contractor shall submit the required reports directly to the following address until such time as the website becomes operational:

U.S. Forest Service, 740 Simms Street Attention: EROC Golden, Colorado 80401

H-1 52.204-11 American Recovery and Reinvestment Act—Reporting Requirements.

As prescribed in 4.1502, insert the following clause:

AMERICAN RECOVERY AND REINVESTMENT ACT—REPORTING REQUIREMENTS (MAR 2009)

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(a) Definitions. As used in this clause—

“Contract”, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to furnish the supplies or services (including construction) and the buyer to pay for them. It includes all types of commitments that obligate the Government to an expenditure of appropriated funds and that, except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but are not limited to) awards and notices of awards;

job orders or task letters issued under basic ordering agreements; letter contracts; orders, such as purchase orders, under which the contract becomes effective by written acceptance or performance; and bilateral contract modifications. Contracts do not include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various types of contracts, see FAR Part 16.

“First-tier subcontract” means a subcontract awarded directly by a Federal Government prime contractor whose contract is funded by the Recovery Act.

“Jobs created” means an estimate of those new positions created and filled, or previously existing unfilled positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery

Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Jobs retained” means an estimate of those previously existing filled positions that are retained as a result of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition covers only prime contractor positions established in the United States and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as defined by the contractor. For instance, two full-time employees and one part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.

“Total compensation” means the cash and noncash dollar value earned by the executive during the contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial

Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.

(3) Earnings for services under non-equity incentive plans. Does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation. For example, severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property if the value for the executive exceeds $10,000.

(b) This contract requires the contractor to provide products and/or services that are funded under the American

Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery Act requires each contractor to report on its use of Recovery Act funds under this contract. These reports will be made available to the public.

(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar quarter.

(d) The Contractor shall report the following information, using the online reporting tool available at www.FederalReporting.gov.

(1) The Government contract and order number, as applicable.

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(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A cumulative amount from all the reports submitted for this action will be maintained by the government’s on-line reporting tool.

(3) A list of all significant services performed or supplies delivered, including construction, for which the contractor invoiced in this calendar quarter.

(4) Program or project title, if any.

(5) A description of the overall purpose and expected outcomes or results of the contract, including significant deliverables and, if appropriate, associated units of measure.

(6) An assessment of the contractor’s progress towards the completion of the overall purpose and expected outcomes or results of the contract (i.e., not started, less than 50 percent completed, completed 50 percent or more, or fully completed). This covers the contract (or portion thereof) funded by the Recovery Act.

(7) A narrative description of the employment impact of work funded by the Recovery Act. This narrative should be cumulative for each calendar quarter and only address the impact on the contractor’s workforce. At a minimum, the contractor shall provide—

(i) A brief description of the types of jobs created and jobs retained in the United States and outlying areas

(see definition in FAR 2.101). This description may rely on job titles, broader labor categories, or the contractor’s existing practice for describing jobs as long as the terms used are widely understood and describe the general nature of the work; and

(ii) An estimate of the number of jobs created and jobs retained by the prime contractor, in the United

States and outlying areas. A job cannot be reported as both created and retained.

(8) Names and total compensation of each of the five most highly compensated officers of the Contractor for the calendar year in which the contract is awarded if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or subcontracts awarded to a subcontractor that in the previous tax year had gross income under $300,000, the Contractor shall only report the aggregate number of such first tier subcontracts awarded in the quarter and their aggregate total dollar amount.

(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over $25,000 and not subject to reporting under paragraph 9, the contractor shall require the subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor for the purposes of the quarterly report. The contractor shall advise the subcontractor that the information will be made available to the public as required by section 1512 of the Recovery Act. The contractor shall provide detailed information on these first-tier subcontracts as follows:

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) The applicable North American Industry Classification System (NAICS) code.

(vi) Funding agency.

(vii) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

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(viii) Subcontract number (the contract number assigned by the prime contractor).

(ix) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(x) Subcontract primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district if applicable.

(xi) Names and total compensation of each of the subcontractor’s five most highly compensated officers, for the calendar year in which the subcontract is awarded if—

(A) In the subcontractor’s preceding fiscal year, the subcontractor received—

(1) 80 percent or more of its annual gross revenues in Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(2) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), and cooperative agreements; and

(B) The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15

U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986.

(End of Clause)

H-2 52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—

Construction Materials.

As prescribed in 25.1102(e), insert the following clause:

REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS-BUY AMERICAN ACT-

CONSTRUCTION MATERIALS (MAR 2009)

(a) Definitions. As used in this clause—

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States.

“Foreign construction material” means a construction material other than a domestic construction material.

“Manufactured construction material” means any construction material that is not unmanufactured construction material.

“Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements.

“United States” means the 50 States, the District of Columbia, and outlying areas.

“Unmanufactured construction material” means raw material brought to the construction site for incorporation into the building or work that has not been—

(1) Processed into a specific form and shape; or

(2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials.

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(b) Domestic preference.

(1) This clause implements—

(i) Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring, unless an exception applies, that all iron, steel, and other manufactured goods used as construction material in the project are produced in the United States; and

(ii) The Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for unmanufactured domestic construction material.

(2) The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraph (b) (3) and (b) (4) of this clause.

(3) This requirement does not apply to the construction material or components listed by the Government as follows: None

[Contracting Officer to list applicable excepted materials or indicate “none”]

(4) The Contracting Officer may add other foreign construction material to the list in paragraph (b) (3) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable.

(A) The cost of domestic iron, steel, or other manufactured goods used as construction material is unreasonable when the cumulative cost of such material will increase the cost of the contract by more than 25 percent;

(B) The cost of unmanufactured construction material is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

(iii) The application of the restriction of section 1605 of the Recovery Act or the Buy American Act to a particular construction material would be inconsistent with the public interest.

(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy American Act

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b) (4) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b) (4) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this clause.

(iii) The cost of construction material shall include all delivery costs to the construction site and any applicable duty.

(iv) Any Contractor request for a determination submitted after contract award shall explain why the

Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting

Officer need not make a determination.

(2) If the Government determines after contract award that an exception to section 1605 of the Recovery Act or the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when

Solicitation AG-82B1-S-09-0024 Page 14 of 65 the basis for the exception is the unreasonable cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(4)(i) of this clause.

(3) Unless the Government determines that an exception to section 1605 of the Recovery Act or the Buy

American Act applies, use of foreign construction material is noncompliant with section 1605 of the American

Recovery and Reinvestment Act or the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the

Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Construction Material Description Unit of Measure Quantity Cost (Dollars)*

Item 1:

Foreign construction material

Domestic construction material

Item 2:

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [* Include all delivery costs to the construction site.]

Foreign and Domestic Construction Materials Cost Comparison

(End of clause)

H-3 52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American

Act—Construction Materials.

As prescribed in 25.1102(e), insert the following provision:

NOTICE OF REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED GOODS—BUY AMERICAN

ACT—CONSTRUCTION MATERIALS (MAR 2009)

(a) Definitions. “Construction material,” “domestic construction material,” “foreign construction material,”

“manufactured construction material,” “steel,” and “unmanufactured construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Required Use of Iron, Steel, and Other Manufactured

Goods—Buy American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-21).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of section 1605 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery

Act) or the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-21 in the request. If an offeror has not requested a determination regarding the inapplicability of 1605 of the Recovery Act or the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

Solicitation AG-82B1-S-09-0024 Page 15 of 65

(1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract—

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR

52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) f the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(1) If the Government determines that an exception based on unreasonable cost of domestic construction material applies, the Government will evaluate an offer requesting exception to the requirements of section 1605 of the Recovery Act or the Buy American Act by adding to the offered price of the contract—

(i) 25 percent of the offered price of the contract, if foreign iron, steel, or other manufactured goods are used as construction material based on unreasonable cost of comparable manufactured domestic construction material; and

(ii) 6 percent of the cost of foreign unmanufactured construction material included in the offer based on unreasonable cost of comparable domestic unmanufactured construction material.

(2) If two or more offers are equal in price, the Contracting Officer will give preference to an offer that does not include foreign construction material excepted at the request of the offeror on the basis of unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-21, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard Form 1442 for the alternate offer and a separate cost comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR

52.225-21 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) f the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-21 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

Solicitation AG-82B1-S-09-0024 Page 16 of 65

(ii) May be accepted if revised during negotiations.

H-4 52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—

Construction Materials Under Trade Agreements.

As prescribed in 25.1102(e), insert the following clause:

REQUIRED USE OF AMERICAN IRON, STEEL, AND OTHER MANUFACTURED GOODS—BUY AMERICAN ACT—

CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (MAR 2009)

(a) Definitions. As used in this clause—

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site.

Materials purchased directly by the Government are supplies, not construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United States; or

(2) A construction material manufactured in the United States.

“Foreign construction material” means a construction material other than a domestic construction material.

“Free trade agreement (FTA) country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of an FTA country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in an FTA country into a new and different construction material distinct from the materials from which it was transformed.

“Least developed country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different construction material distinct from the materials from which it was transformed.

“Manufactured construction material” means any construction material that is not unmanufactured construction material.

“Recovery Act designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong

Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, or United Kingdom);

(2) A Free Trade Agreement country (FTA)(Australia, Bahrain, Canada, Chile, Costa Rica, Dominican

Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea,…