AG-82B1-S-09-0025SolPkg.pdf

PDF 426 KB Posted Jul 17, 2009

Attached to: RECOVERY- Fuels Reduction, Slashing and Piling 96 Acres
Solicitation number: AG-82B1-S-09-0025
Issued by: Department of Agriculture Forest Service Washington Office Economic Recovery Operations Center Intermountain

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Solicitation Sections B through M

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File	Type	Posted
Amendment 001 0025	—	Jul 29, 2009
MTSCA76-1342.pdf	PDF	Jul 29, 2009
J-2 Troutface_piling_map.pdf	PDF	Jul 17, 2009
ID080015HighwayWageDecision.pdf	PDF	Jul 17, 2009
AG-82B1-S-09-0025SF33.pdf	PDF	Jul 17, 2009

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Solicitation AG-82B1-S-09-0025 Page 3 of 69

PART I – THE SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

TROUT FACE FUELS – SLASHING AND PILING

Kootenai National Forest - Cabinet Ranger District - Sanders County, Montana

B-1 - SCHEDULE OF ITEMS

ITEM 701

SUBITEM DESCRIPTION/UNIT NO. QTY. U/I UNIT PRICE TOTAL

701.1 Trout Face 72 6.3 Ac. $___________ $___________

701.2 Trout Face 52 15.2 Ac. $___________ $___________

701.3 Trout Face 53 11.5 Ac. $___________ $___________

701.4 Trout Face 76 10.4 Ac. $___________ $___________

701.5 Trout Face 77 9.8 Ac. $___________ $___________

701.6 Trout Face 78 16.6 Ac. $___________ $___________

701.7 Trout Face 104 9.7 Ac. $___________ $___________

701.8 Trout Face 106 6.3 Ac. $___________ $___________

TOTAL PRICE - ITEM NO. 701 85.8 Ac. $___________

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 slashing and piling activities. 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.

C-2 LOCATION AND DESCRIPTION

(1) Description. The work consists of slashing and piling, performed on ninety-eight (98) acres in the Trout Creek, Cabinet Ranger District, Saunders County, Montana. The work consists of two (2) separate functions which will complete the scope of work envisioned herein, as follows:

Solicitation AG-82B1-S-09-0025 Page 4 of 69

(a) Slashing:

This work includes cutting small diameter trees > 5 inches dbh (diameter breast heigth 4-1/2 foot high on uphill side of tree ) that were left after the harvest of the units and piling the residual left from harvesting the stands. The specific tasks are:

(1) Cut all trees less than 5 inches dbh that were damaged during harvest activities.

(2) For the trees that are wind thrown, the bole must be cut from the root wad, the bole of the trew limbed and cut off at 3 inch diameter point. The limb and top material shall be piled to meet the below specification, (b) Piling.

(3) Concentrate slash removal efforts around tree leave trees.

(b) Piling:

(1) Piles shall be covered with paper, provided by the contractor, to the following specifications:

(i) Build the base of the pile compact compact with fine material approximately 1/3 to ½ the height of the finished pile.

(ii) Cover the base with clean burn Kraft Paper, either 4 foot or 6 foot wide rolls.

(iii) Continue piling on top of the paper to finished pile size.

(2) Pile 90% of material that is greater than 2 feet long and less than 3 inches in diameter.

(3) Piles shall be a minimum of 6 feet high and 8 feet in diameter. Piles must be located in an opening a minimum of 10 feet from the closest leave tree.

(1) Material in piles shall be oriented in one direction and not “teepee”

C-3 SPECIFICATIONS

All work shall be performed in strict accordance with the following specifications titled DETAILED SILVICULTURAL PRESCRIPTION SUMMARY. Note that these specifications apply only to the units identified in Section B-1, and not all of those identified in foot note #1. (See footnote #2 for the eight (8) relevant units to this project.) Also note that the attached topographic map identifies the units by number.

DETAILED SILVICULTURAL PRESCRIPTION SUMMARY

Stand ID: See list in footnote #1. Treatment: Commercial Thin

Troutface Heli Units 51, 52, 53, 54, 56, 72, 76, 77, 78, 104, & 106

Prepared by: Gene Newell Date: 2002

Addendum after 4999 Post treatment Exam for Fuel Management and 4347 Post Harvest Exam Date: June 2009 (See Footnote #2a.)

Action Fund

Code Time Specifications

4334 37 02 Mark a commercial thinning as follows:

a. Feather the edges around existing regeneration units for ~200’.

b. Leave all old growth of any species.

c. Leave all ponderosa pine.

Solicitation AG-82B1-S-09-0025 Page 5 of 69

d. Choose the best trees to retain. Favor C, L(even with mistletoe), and root rot resistant species other than LP.

e. Retain any blister rust free white pine.

f. Where possible, discriminate first against DF. I.e.

Where a choice of two equally healthy trees, leave the GF over the DF.

g. BA thin to 120 sq. ft. of b.a. –BUT- expect where wind throw or other agents are causing gap openings. THEN: only remove one-third.

h. Group or clump trees when necessary to meet visual objectives.

i. When possible to protect the visuals, cut all DF/GF (except Old Growth) that is in 40’ of a root rot infected tree.

4220 11 2003 Commercial Thin

4991 11 2003 Yard Tops (if feasible)

4982 11 2003 Purchaser loping- Lop tops to 24” depth.

4999 05 2003 Post Treatment Exam for Fuel Management

4982 11 2003 Purchaser Lopping- Lop slash to 24” depth.

4347 03 2003 Post harvest Exam: Walk through exam to plan site preparation and fuel reduction.

#1. Unit 51 (727.3-01), Unit 52 (727.3-01), Unit 53 (727.3-01), Unit 54 (727.3-01), Unit 56 (723.3-01), Unit 72 (727.3-02 & 727.3-12) Unit 76 (7272.3-27), Unit 77 (727.3-04), Unit 78 (727.3-05 & 727.3-27), Unit 104 (7272.3-08), & Unit 106 (727.3-07)

#2. Unit 52 (727.3-01) (16 ac.), Unit 53 (727.3-01) (12 ac.), Unit 72 (727.3-02 & 727.3-12) (7 ac.), Unit 76 (7272.3-27) (11 ac.),Unit 77 (727.3-04) (10 ac.), Unit 78 (727.3-05 & 727.3-27) (17ac,), Unit 104 (7272.3-08) (10 ac.), & Unit 106 (727.3-07) (7 ac.)

1258 CT (8) 2009 Slashing- activity fuels; Contract, cut (slash) residual small trees less than 5” (<5”) other than well formed, good vigor ponderosa pine or western larch that are undamaged.

1253 CT (8) 2009 Piling of Activity Fuels (Hand Piling)… Contract hand pile of activity fuels:

Pile 90% of the material that is greater than 2 feet long and less than 3inches in diameter.

Piles must be at least 6 feet tall and 8 feet in diameter. Piles must be located in an opening at least 10 feet from the closest leave tree.

-Trees that are wind thrown, the bole must be cut from the root wad, bole of the tree limbed and top cut off at 3 inches in diameter. The limb and top material must be piled to meet the above specification.

Piles must be covered with paper provided by the contractor to the following specification:

Build the base of the pile compact with fine material approximately 1/3 to ½ the height of the finished pile.

Cover this base with paper.

Continue piling on top of paper to finished pile size.

-Material in piles will be oriented in one direction and not “teepee” shaped.

1230 F/A (15)

WFHF

2009 Burn of Activity Fuels Piles (Hand piles). Forest Service (F/A) burning of hand piles.

Addendum 6-04-2009, by Jim Benedict (Silviculturist) *See FACTS appendix for FACTS adjustments.

Solicitation AG-82B1-S-09-0025 Page 6 of 69

Unit 52

Unit 52: Trout face Heli addendum; Lat./Long.;47.7797N/ 115.6207W (polygon 727.03-001) Activity Units Location Specifics Fuels

FR condition class by

FACTS

(Stand

S u b n it

T y p e

N m o f U n its

U O M

W U

Y /N

L eg al

L o catio

S it.

S lo p e

E lev

A sp ect

W t-sh ed

F ire R

MA P

ro d class

1 2 3 TTI

000 area 16 Ac N S6, T23N, R31W 5

T u t

III

T V

4 100

Rx Action – GPRA code

FACTS

Activity Code

Local Qualifier

(cost per acre/unit)

M eth

E q ip

D ate P lan

W rk fo rce

C o d e

F u n d

C o d e

K V rio rity

R eq a.) Slashing, Act.

Fuels.

1258 AF- Type 3 100 111 2009 CT OFED b.) Piling of Activity Fuels

1253 AF- Hand Piling 100 0 2009 CT OFED c.) Burn of Activity Fuel Piles

1230 AF- HAND PILES 100 308 2010 FA BDBD

Unit 53

Unit 53: Trout face Heli addendum; Lat./Long.;47.7798N/ 115.6179W (polygon 727.03-001)

FACTS

Activity Code

Local Qualifier

(cost per acre/unit) rk fo rce

C o d e

F u n d

C o d e

1258 AF- Type 3 100 111 2009 CT OFED b.) Piling of Activity Fuels

1253 AF- Hand Piling 100 0 2009 CT OFED c.) Burn of Activity

FR condition class by

FACTS

(Stand

S it

T y p e

N n its

U O M

W U

I al L o it.

S lo p e

E lev

A sp ect

W d class

1 2 3 TTI

000 area 12 Ac N S6, T23N,R31W 5 u t

III

T V

Solicitation AG-82B1-S-09-0025 Page 7 of 69

Unit 72

Unit 72: Trout face Heli addendum; Lat./Long.;47.7850N/ 115.6130W (polygon 727.03-002)

FR condition class by

FACTS

(Stand

S it

T y p e

N n its

U O M

W U

I al

L o it.

S lo p e

E lev

A sp ect

W d class

1 2 3 TTI

000 area 07? Ac N S6, T23N,R31W 5 u t

III

T V

5 100

Unit 72: Trout face Heli addendum; Lat./Long.;47.7850N/ 115.6130W (polygon 727.03-012)

FR condition class by

FACT

S ID

(Stand

S it

T y p e

N n its

U O M

W U

I al L o it.

S lo p e

E lev

A sp ect

W d class

1 2 3 TTI

000 area 07? A c

N S6, T23

N,R3 1W u t

III

T V

6 1

(* Notice….two parent stands)

FACTS

Activity Code

Local Qualifier

(cost per acre/unit) rk fo rce

C o d e

F u n d

C o d e

1258 AF- Type 3 100 111 2009 CT OFED b.) Piling of Activity Fuels

1253 AF- Hand Piling 100 0 2009 CT OFED c.) Burn of Activity

Unit 76

Unit 76: Trout face Heli addendum; Lat./Long.;47.7802N/ 115.6088W (polygon 727.03-027)

FR condition class by

FACTS

(Stand

S it

T y p e

N n its

U O M

W U

I al

L o it.

S lo p e

E lev

A sp ect

W d class

1 2 3 TTI

000 area 11 Ac N S5, T23N,R31W 5 u t

III

T V

3 100

Solicitation AG-82B1-S-09-0025 Page 8 of 69

FACTS

Activity Code

Local Qualifier

(cost per acre/unit) rk fo rce

C o d e

F u n d

C o d e

1258 AF- Type 3 100 111 2009 CT OFED b.) Piling of Activity Fuels

1253 AF- Hand Piling 100 0 2009 CT OFED c.) Burn of Activity

Unit 77

Unit 77: Trout face Heli addendum; Lat./Long.;47.7774N/ 115.6012W (polygon 727.03-004)

FR condition class by

FACTS

(Stand

S it

T y p e

N n its

U O M

W U

I al

L o it.

S lo p e

E lev

A sp ect

W d class

1 2 3 TTI

000 area 10 Ac N S5, T23N,R31W 5 u t

III

T V

3 100

FACTS

Activity Code

Local Qualifier

(cost per acre/unit) rk fo rce

C o d e

F u n d

C o d e

1258 AF- Type 3 100 111 2009 CT OFED b.) Piling of Activity Fuels

1253 AF- Hand Piling 100 0 2009 CT OFED c.) Burn of Activity

Unit 78

Unit 78: Trout face Heli addendum; Lat./Long.;47.7815N/ 115.6130W (polygon 727.03-005)

FR condition class by

FACTS

(Stand

S it

T y p e

N n its

U O M

W U

I al

L o it.

S lo p e

E lev

A sp ect

W d class

1 2 3 TTI

000 area 17? Ac N S5, T23N,R31W 5 u t

III

T V

5 100

Solicitation AG-82B1-S-09-0025 Page 9 of 69

Unit 78: Trout face Heli addendum; Lat./Long.;47.7815N/ 115.6039W (polygon 727.03-027) FR condition class by

FACT

S ID

(Stand

S it

T y p e

N n its

U O M

W U

I al L o it.

S lo p e

E lev

A sp ect

W d class

1 2 3 TTI

000 area 17? A c

N S5, T23

N,R3 1W u t

III

T V

3 1

(* Notice….two parent stands)

FACTS

Activity Code

Local Qualifier

(cost per acre/unit) rk fo rce

C o d e

F u n d

C o d e

1258 AF- Type 3 100 111 2009 CT OFED b.) Piling of Activity Fuels

1253 AF- Hand Piling 100 0 2009 CT OFED c.) Burn of Activity

Unit 104

Unit 104: Trout face Heli addendum; Lat./Long.;47.7805N/ 115.5924W (polygon 727.03-008)

FR condition class by

FACTS

(Stand

S it

T y p e

N n its

U O M

W U

I al

L o it.

S lo p e

E lev

A sp ect

W d class

1 2 3 TTI

000 area 10 Ac N S5, T23N,R31W 5 u t

III

T V

FACTS

Activity Code

Local Qualifier

(cost per acre/unit) rk fo rce

C o d e

F u n d

C o d e

1258 AF- Type 3 100 111 2009 CT OFED b.) Piling of Activity Fuels

1253 AF- Hand Piling 100 0 2009 CT OFED c.) Burn of Activity

Solicitation AG-82B1-S-09-0025 Page 10 of 69

Unit 106

Unit 106: Trout face Heli addendum; Lat./Long.;47.7786N/ 115.5945W (polygon 727.03-007)

Activity Units Location Specifics Fuels

FR condition class by

FACTS

(Stand

S it

T y p e

N n its

U O M

W U

I al

L o it.

S lo p e

E lev

A sp ect

W d class

1 2 3 TTI

000 area 07 Ac N S5, T23N,R31W 5 u t

III

T V

FACTS

Activity Code

Local Qualifier

(cost per acre/unit) rk fo rce

C o d e

F u n d

C o d e

1258 AF- Type 3 100 111 2009 CT OFED b.) Piling of Activity Fuels

1253 AF- Hand Piling 100 0 2009 CT OFED c.) Burn of Activity

C-4 LOCATION. The work is located within the Cabinet Ranger District of the Kootenai National Forest, headquartered in Trout Creek , Montana. All units are accessable from road number 2734, except unit number 76, which is accessable from road 2735. Travel Highway 200 east of Trout Creek to the Wite Pine Road, turn south on White Pine Road, turn right on Forest Service Road number 2735, turn ritght on Forest Service Road number 2734. ( Consult the enclosed topographic map for detailed layout of the work areas.)

C-5 ACCESSIBILITY. The general vicinity of the contract areas may be reached by forest 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 . 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.

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

C-6 BOUNDARIES. Unit boundaries will either be flagged, contained by roads or some other easily definable boundary, e.g., blue paint . Wildlife leave islands will be flagged in a different color to identify areas that will not be slashed.

C-7 DETAILED UNIT INFORMATION. Additional information can be obtained by contacting Alan Osborn at Cabinet Ranger District, telephone (406) 827-0712 during business hours.

C-8 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

Solicitation AG-82B1-S-09-0025 Page 11 of 69 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.

C-9 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 slashing and piling 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 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.

C-10 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-11 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.

Solicitation AG-82B1-S-09-0025 Page 12 of 69

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 slashing and piling 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 under item titled Contractor Quality Control Inspection System).

E-3 Inspection Procedure for Slashing and piling

(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 slashing and piling of the proper size class (<5 inches) of standing woody material.

E-4 Inspection of Slashing and Piling Units. 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.

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

All 8 items September 15, 2009 December 31, 2010*

*unless weather or fire danger conditions are not conducive to slashing and piling

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

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

Solicitation AG-82B1-S-09-0025 Page 13 of 69

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 slashing and piling 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

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.

Solicitation AG-82B1-S-09-0025 Page 14 of 69

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)

(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.

Solicitation AG-82B1-S-09-0025 Page 15 of 69

(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.

(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.

Solicitation AG-82B1-S-09-0025 Page 16 of 69

(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.

(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.

Solicitation AG-82B1-S-09-0025 Page 17 of 69

“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.

(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.

(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;

(D) Cost;

(E) Time of delivery or availability;

(F) Location of the construction project;

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

Solicitation AG-82B1-S-09-0025 Page 18 of 69

(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 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

Solicitation AG-82B1-S-09-0025 Page 19 of 69 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.

(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.

(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.

(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.

Solicitation AG-82B1-S-09-0025 Page 20 of 69

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at

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

(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…

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