hand slash hand pile 0088.rtf

AG-82B1-S-09-0088 Hand Slash/Pile and Hand Slach/Scatter, Three Rivers and Libby Ranger Districts

SECTION B - SUPPLIES OR SERVICES AND PRICES/COST

Hand Slashing/Hand Piling & Hand Slashing/Scattering Kootenai National Forest Three Rivers & Libby Ranger Districts Lincoln County, Montana

IMPORTANT NOTICE TO ALL PROSPECTIVE OFFERORS:

This solicitation combines TWO (2) separate projects for slashing and piling. ONE (1) in the Three Rivers Ranger District and ONE (1) is in the Libby Ranger District, all located in the Kootenai National Forest, Lincoln County, Montana. Be advised, also, that there may be multiple contract awards within both of these requirements. These requirements are detailed in separate scopes of work and specifications, and project No. 2 is separately attached. Multiple contract award possibilities are also detailed where appropriate. The procedure for submitting proposals (multiples included) is addressed in Section L, Instructions to Offerors, contained in this project No. 1.

Note that the following guidance is provided in identifying the applicability of the various sections of this request for proposals to each project:

Project No. 1, Hand Slashing and Machine Piling, Three Rivers Ranger District, contains all of the applicable sections B through M and Sections H, I, K, L, and M also apply to the other project. Project No. 2 is separately attached and contains Sections B, C, E, F, G, and L which are unique to its requirements.

PROJECT NUMBER 1

B-1 - SCHEDULE OF ITEMS/SUB-ITEMS

ITEM – HAND SLASHING & HAND SLASH PILING BY THE ACRE:

SUB-ITEM DESCRIPTION UNIT NO. ACRES PRICE TOTAL

409 North East Yaak B 32 $___________ $____________

410 North East Yaak G 7 $___________ $____________

411 North East Yaak O 6 $___________ $____________

412 Rocky Pine 11 5 $___________ $____________

413 Rocky Pine 20A 10 $___________ $____________

414 Rocky Pine 20B 11 $___________ $____________

415 Rocky Pine 31 3 $___________ $____________

416 West Troy 1 21 $___________ $____________

417 West Troy 2 13 $___________ $____________

418 West Troy 3 21 $___________ $____________

419 West Troy 4 15 $___________ $____________

420 West Troy 5 16 $___________ $____________

421 West Troy 6 15 $___________ $____________

422 West Troy 23 11 $___________ $____________

TOTAL - ITEM PRICE 186 Acres XXXXXX $‗‗‗‗‗‗‗‗‗‗‗‗‗‗‗

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 sub-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.

B-3 - BASIS FOR AWARD: One or more awards may be made. Offers will not be accepted for any quantities less than those specified, and must be submitted for the total item and subitems.

B-4 – AWARD DETERMINATION - AWARD WILL BE MADE BY ITEM. Offers will not be accepted for quantities less than those specified for each item and must be submitted for the total item.

B-5 - EVALUATION OF OFFERS

The Government may issue one or more contracts order as a result of this Request for Proposals to the responsible offeror whose proposal, conforming to the solicitation, will be most advantageous to the Government. Award will be made on a Best Value basis considering past performance, experience, capability, capacity, price, and overall cost to the Government.

The Government may award a contract to other than the lowest offeror, waive minor informalities or irregularities in proposals received, or elect not to award at all. If necessary, the Government may conduct discussions with any or all oferors. It is in the offeror’s best interest to respond fully to the Experience Questionnaire located on Pages 4 and 5, since a contract may be awarded on the basis of information received, without further discussion.

SECTION C - SPECIFICATIONS

SECTION C –DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 – SCOPE OF WORK

The scope of this contract is to provide required services to accomplish treatments related to the reduction of standing, downed, and/or piled fuel through HAND SLASDHING and HAND SLASH 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 – DESCRIPTION AND LOCATION

(a) Description. The work consists of hand slashing and hand slash piling. The work may occur on slopes up to 50 percent and on wet or rocky terrain.

(b) Location. The project work is located on the Three Rivers Ranger District of the Kootenai National Forest. The location of the work sites, access to the area, size of units, and the other information pertinent to each subitem is described below and contained on the maps.

NE Yaak (Subitem 409) - Unit B is located along Sink Cr. Rd #5838 and Yaak Rd. 92. This unit has concentrations of slash and old blowdown, and slopes up to 35%. This unit will need to be slashed prior to hand piling. Slash will be removed from bottoms of leave trees and piled in openings.

NE Yaak (Subitem 410) - Unit G is located on the south side of Yaak Rd. 92 approximately 0.4 miles west of its junction with the Lick Mtn. Rd. #5835. There This unit has concentrations of slash and old blowdown, and slopes up to 45%. This unit will need to be slashed prior to hand piling. Slash will be removed from bottoms of leave trees and piled in openings.

NE Yaak (Subitem 411) - Unit O is located approximately 1 mile behind the gate on FS Rd. 6003 below the road at the base of the hill. This unit may also be accessed with permission of caretaker of McIntyre Ranch through private driveway. This unit has concentrations of slash and old blowdown, and slopes up to 30%. This unit will need to be slashed prior to hand piling. Slash will be removed from bottoms of leave trees and piled in openings.

Rocky Pine (Subitem 412) – Unit 11 is located on the west or downhill side of Lime Cr. Rd. #2343, 0.6 miles from its junction with Old Hwy 2. This unit has concentrations of slash and old blowdown, and slopes up to 35%. This unit will need to be slashed prior to hand piling. Slash will be removed from bottoms of leave trees and piled in openings.

Rocky Pine (Subitem 413) – Unit 20A is located on the north side of the Rocky Draw Rd. #749 east of its junction with the BPA powerline, 100 yards from junction of Old Hwy 2. This unit has concentrations of slash and old blowdown, and slopes up to 25%. This unit will need to be slashed prior to hand piling. Slash will be removed from bottoms of leave trees and piled in openings.

Rocky Pine (Subitem 414) – Unit 20B is located on the south side of the Rocky Draw Rd. #749 east of its junction with the BPA powerline, 100 yards from junction of Old Hwy 2. This unit has concentrations of slash and old blowdown, and slopes up to 40%. This unit will need to be slashed prior to hand piling. Slash will be removed from bottoms of leave trees and piled in openings created from felled trees.

Rocky Pine (Subitem 415) – Unit 31 is located adjacent to private property,150 feet off the north side of the Pine Cr. Rd. #395 approximately 0.3 miles west of its junction with Yaak Hwy 508. This unit has concentrations of slash and old blowdown, and slopes up to 5%. This unit will need to be slashed prior to hand piling. Slash will be removed from bottoms of leave trees and piled in openings.

West Troy (Subitem 416) – Unit 1 is located between Three Mile Rd. #4478, FS Rd. #4476, and FS Rd. #14368 adjacent to the north side of Stimson property. This unit has concentrations of slash and old blowdown, and slopes up to 40%. This unit will need to be slashed prior to hand piling. Slash will be removed from bottoms of leave trees and piled in openings created from felled trees.

West Troy (Subitem 417) – Unit 2 is located along FS Rd. #14368, adjacent to the north and west side of Stimson property. This unit has concentrations of slash and old blowdown, and slopes up to 30%. This unit will need to be slashed prior to hand piling. Slash will be removed from bottoms of leave trees and piled in openings created from felled trees.

West Troy (Subitem 418) – Unit 3 is located between Three Mile Rd. #4478 and FS Rd. #4476, adjacent to the north side of Stimson property. This unit has concentrations of slash and old blowdown, and slopes up to 30%. This unit will need to be slashed prior to hand piling. Slash will be removed from bottoms of leave trees and piled in openings created from felled trees.

West Troy (Subitem 419) – Unit 4 is located approximately 0.8 miles up on the west side of Three Mile Rd. #4478 from its junction with Callahan Cr. Rd. #427. This unit has concentrations of slash and old blowdown, and slopes up to 40%. This unit will need to be slashed prior to hand piling. Slash will be removed from bottoms of leave trees and piled in openings created from felled trees.

West Troy (Subitem 420) – Unit 5 is located approximately 1.4 miles behind the gate along the west side of FS Rd. #4476. This unit has concentrations of slash and old blowdown, and slopes up to 30%. This unit will need to be slashed prior to hand piling. Slash will be removed from bottoms of leave trees and piled in openings created from felled trees.

West Troy (Subitem 421) – Unit 6 is located approximately 0.2 miles north along Three Mile Rd. #4478 from its junction with FS Rd. #4476. This unit has concentrations of slash and old blowdown, and slopes up to 30%. This unit will need to be slashed prior to hand piling. Slash will be removed from bottoms of leave trees and piled in openings created from felled trees.

West Troy (Subitem 422) – Unit 23 is located approximately 1.4 miles behind the gate on Stimson Rd. #14372A on the east and north side of private property. Permission is not granted from Stimson to drive this road. This unit may also be accessed by walking 0.3 miles south along the powerline from the Troy Ranger Station. This unit has concentrations of slash and old blowdown, and slopes up to 35%. This unit will need to be slashed prior to hand piling. Slash will be removed from bottoms of leave trees and piled in openings created from felled trees.

C3 – CONTRACTOR RESPONSIBILITIES

SLASHING

(1) PERFORMANCE STANDARD: Selection of Leave Trees. Selected leave trees shall meet the following requirements of the Silvicultural Diagnosis and Prescription:

NE Yaak

UNIT

TREATMENT DESCRIPTION

AND SUMMARY

B Hand slashing and hand piling of unhealthy, poorly formed, suppressed trees <5’” at dbh. Also, remove any trees of this size class within 15 feet of the bole of most overstory trees, except LP/AF. Saplings to be left should have at least 30% live crown and be spaced at least 8 feet from other competing trees. Leave all hardwoods.

G Hand slashing and machine piling of unhealthy, poorly formed, suppressed trees <5’” at dbh. Also, remove any trees of this size class within 15 feet of the bole of most overstory trees, except LP/AF. Saplings to be left should have at least 30% live crown and be spaced at least 8 feet from other competing trees Following the slashing treatment the unit would be piled with an excavator, leaving an average downed fuels loading of 5-10 tons/acre in material over 7” in diameter. Leave all hardwoods.

O Hand slashing and hand piling of unhealthy, poorly formed, suppressed trees <5’” at dbh. Also, remove any trees of this size class within 15 feet of the bole of most overstory trees, except LP/AF. Saplings to be left should have at least 30% live crown and be spaced at least 8 feet from other competing trees. Leave all hardwoods.

Rocky Pine

UNIT

TREATMENT DESCRIPTION

AND SUMMARY

Hand slashing and hand piling of unhealthy, poorly formed, suppressed trees. Selective slashing to remove ladder fuels - especially from around best PP, WL and DF. Favor any vigorous WL, DF, WP,PP not to exceed 10-20 small trees per acre. Recommended DWD: 3-5 tons/acre. Leave all hardwoods.

20A Hand slashing and machine piling of unhealthy, poorly formed, suppressed trees. Favor best formed trees in preference WL, DF, others. Reduce density to 12-16 foot spacing favoring the best formed trees of PP, WL, DF and others. Recommended DWD:10-15 tons/acre. Leave all hardwoods.

20B Hand slashing and hand piling of unhealthy, poorly formed, suppressed trees. Favor best formed trees in preference WL, DF, others. Reduce BA to 60-70 average and a spacing average of 12-16feet. Favor the best formed trees of PP, WL, DF and others. Recommended DWD:10-15 tons/acre. Leave all hardwoods.

Hand slashing and hand piling of unhealthy, poorly formed, suppressed trees. Selective slashing within 200 feet of private property to remove ladder fuels - especially from around best PP, WL and DF. Recommended DWD:5-10 tons/acre. Leave all hardwoods.

West Troy

UNIT

TREATMENT DESCRIPTION

AND SUMMARY

Hand slashing and hand piling of unhealthy, poorly formed, suppressed trees <5’” at dbh. Also, remove any trees of this size class within 15 feet of the bole of most overstory trees, except LP/AF. Saplings to be left should have at least 30% live crown and be spaced at least 8 feet from other competing trees. Leave all hardwoods.

Hand slashing and machine piling of unhealthy, poorly formed, suppressed trees <5’” at dbh. Also, remove any trees of this size class within 15 feet of the bole of most overstory trees, except LP/AF. Saplings to be left should have at least 30% live crown and be spaced at least 8 feet from other competing trees Following the slashing treatment the unit would be piled with an excavator, leaving an average downed fuels loading of 5-10 tons/acre in material over 7” in diameter. Leave all hardwoods.

Hand slashing and hand piling of unhealthy, poorly formed, suppressed trees <5’” at dbh. Also, remove any trees of this size class within 15 feet of the bole of most overstory trees, except LP/AF. Saplings to be left should have at least 30% live crown and be spaced at least 8 feet from other competing trees. Leave all hardwoods.

Hand slashing and hand piling of unhealthy, poorly formed, suppressed trees <5’” at dbh. Also, remove any trees of this size class within 15 feet of the bole of most overstory trees, except LP/AF. Saplings to be left should have at least 30% live crown and be spaced at least 8 feet from other competing trees. Leave all hardwoods.

Hand slashing and machine piling of unhealthy, poorly formed, suppressed trees <5’” at dbh. Also, remove any trees of this size class within 15 feet of the bole of most overstory trees, except LP/AF. Saplings to be left should have at least 30% live crown and be spaced at least 8 feet from other competing trees Following the slashing treatment the unit would be piled with an excavator, leaving an average downed fuels loading of 5-10 tons/acre in material over 7” in diameter. Leave all hardwoods.

Hand slashing and hand piling of unhealthy, poorly formed, suppressed trees <5’” at dbh. Also, remove any trees of this size class within 15 feet of the bole of most overstory trees, except LP/AF. Saplings to be left should have at least 30% live crown and be spaced at least 8 feet from other competing trees. Leave all hardwoods.

Hand slashing and hand piling of unhealthy, poorly formed, suppressed trees <5’” at dbh. Also, remove any trees of this size class within 15 feet of the bole of most overstory trees, except LP/AF. Saplings to be left should have at least 30% live crown and be spaced at least 8 feet from other competing trees. Leave all hardwoods.

NOTE: The prescription objective is based on the overall composition and condition of the stand, and is intended to be a guideline for achieving a high quality final product in a professional manner. Contractor is expected to use silviculture knowledge to identify and adjust to any changing conditions within the stand or notify the Contracting Officer of such changing conditions.

(2) PERFORMANCE STANDARD: Stump Height and Removal of Live Limbs.

Performance Standard. All trees other than leave trees shall be cut below the lowest live limb, except when prevented by natural obstacles. All live limbs below the cutting point shall be removed. Trees shall be completely severed from the stump. Stump height shall not exceed 6 inches above ground level or 4 inches above natural obstacles.

(3) PERFORMANCE STANDARD: Felling.

Cut trees shall be felled away from unit boundaries, roads, telephone lines, established trails, stock driveways, fence lines, established land corners, and streams. Any trees falling on such areas shall be removed. Any tree felled into private land shall be pulled back into the thinning unit. All thinning slash shall be placed on or near the ground surface, so that it is not leaning against or suspended by an uncut tree, stump, log, or any obstacle. Snags may not be cut unless the contractor elects to fall them for safety reasons. Snags felled should be done prior to selecting leave trees within a distance equal to the height of the snag in the direction of fall.

HAND PILING

(1) PERFORMANCE STANDARD:

(a) In the units or portions of units shown on the Unit Maps, the purchaser shall pile the majority of woody material three inches or smaller on the large end and a portion of the material larger than three inches on the small end leaving approximately 3-15 tons per acre, depending on unit, of the larger material evenly distributed throughout the units. Slash shall be piled in such a way that the remaining material will not sustain a 4 foot flame length after the piles have been burned. In areas with less than the desired tons per acre remaining on the site prior to the purchasers piling operation, no piling is required. No stumps shall be placed in the piles. Piles shall be free of mineral soil and the height of the pile will equal or exceed the width of the pile at ground level. Where practicable, the piles shall be a minimum of 20 feet from other piles, reserve trees, system roads and/or other designated areas. Piles shall be compacted to permit ease in burning. All slash created outside the unit boundaries shall be returned to piles inside the unit.

(1) Dimensions of piles. Piles shall be no less than 6 feet in height and no more than 15 feet in width.

(2) Scattered un-piled pieces of wood material. Leave a minimum of 3-15 tons, depending on unit, of scattered unpiled wood material on each acre. At least 50% of this material, when available, shall be over 3 inches in diameter at the small end. Unsound decomposing material is preferred over sound pieces.

(b) The minimum distances between piles and area boundaries, main access roads, and adjacent unworked areas such as leave trees and shelterwood areas shall be no closer than 20 feet from unit boundaries and 20 feet from system roads and designated unworked areas. These may be reduced by the Contracting Officer.

In narrow units or work areas (less than 100 feet wide) piles shall be located as near the center and/or as far from leave trees as practical.

(c) All standing trees shall be retained in an undamaged condition. Material pushed outside the unit boundaries during piling shall be returned to the unit and piled or scattered to break up concentrations.

(2) PERFORMANCE STANDARD: The Contractor shall pile all slash by date specified for each item under Period of Performance section.

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

Existing Facilities - Any existing facility such as roads, culverts, erosion dips, drainage facilities, barriers, fences, section corners, and bearing trees or drainage that are damaged as a result of the Contractor's actions, shall be replaced at no cost to the Government.

Protection of Stream Courses - The Contractor shall not pile within 100 feet of any year round stream and 50 feet of any intermittent stream.

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 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. Unless agreed otherwise, trees shall not be felled into such areas.

Road Clearing - Areas identified as roads shall be kept clear of Contractor created slash piles from the top of the cut bank to the downhill edge of the fill. Slash piles will not be permitted on any road surfaces.

(5) PERFORMANCE STANDARD (Prevention and Control of Soil Erosion): The Contractor shall minimize soil erosion. Precautions shall include prevention of gulling of roads and skid trails within and adjacent to the piling unit.

(6) PERFORMANCE STANDARD (Noxious Weed Control): The Contractor shall clean all personal vehicles or support 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 equipment so cleaned and inspected by the Forest Service will be allowed to operate within the project area.

C-5 – PRODUCT REMOVAL

If the contractor requests and Contract Officer agrees to allow removal of timber products from material that is required to be slashed or piled, the contractor will obtain the necessary permits from the district office. All product removal is subject to rates of payment and road maintenance deposits depending on the quantity and commercial value of the product being removed. If no charge for removal is determined, road deposits may still apply.

C-6 - LOSS, DAMAGE OR DESTRUCTION

The Government will not be liable for loss, damage or destruction of equipment furnished under this contract except for such loss, damage or destruction resulting from the negligent or wrongful act(s) of Government employees while acting within the scope of their employment.

All claims arising under this clause shall be submitted to the Contracting Officer.

C-7 – 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.

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 are being properly performed, the proper amount of downed woody material is being left piled 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 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:

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.

SECTION F – DELIVERIES OR PERFORMANCE

PERIOD OF PERFORMANCE

(a) Contract Time and Required Rate of Progress

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

All 14 items October 20, 2009 September 30, 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 dates.

Also note that the completion date 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.

G - 2 FINAL PAYMENT

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

Completion and acceptance of all work in each Item;

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)

(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.

(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.

(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.

H-6 52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009.

Whistleblower Protections Under The American Recovery And Reinvestment Act of 2009 (Mar 2009)

(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).

The Contractor shall include the substance of this clause including this paragraph (b) in all subcontracts.

(End of Clause)

SEC. 1553. PROTECTING STATE AND LOCAL GOVERNMENT AND CONTRACTOR

WHISTLEBLOWERS.

(a) PROHIBITION OF REPRISALS.—An employee of any non-Federal employer receiving covered funds may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee’s duties, to the Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct), a court or grand jury, the head of a Federal agency, or their representatives, information that the employee reasonably believes is evidence of—

(1) gross mismanagement of an agency contract or grant relating to covered funds;

(2) a gross waste of covered funds;

(3) a substantial and specific danger to public health or safety related to the implementation or use of covered funds;

(4) an abuse of authority related to the implementation or use of covered funds; or

(5) a violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds.

(b) INVESTIGATION OF COMPLAINTS.—

(1) IN GENERAL.—A person who believes that the person has been subjected to a reprisal prohibited by subsection (a) may submit a complaint regarding the reprisal to the appropriate inspector general. Except as provided under paragraph (3), unless the inspector general determines that the complaint is frivolous, does not relate to covered funds, or another Federal or State judicial or administrative proceeding has previously been invoked to resolve such complaint, the inspector general shall investigate the complaint and, upon completion of such investigation, submit a report of the findings of the investigation to the person, the person’s employer, the head of the appropriate agency, and the Board.

(2) TIME LIMITATIONS FOR ACTIONS.—

(A) IN GENERAL.—Except as provided under subparagraph (B), the inspector general shall, not later than 180 days after receiving a complaint under paragraph (1)— H. R. 1—184

(i) make a determination that the complaint is frivolous, does not relate to covered funds, or another Federal or State judicial or administrative proceeding has previously been invoked to resolve such complaint; or

(ii) submit a report under paragraph (1).

(B) EXTENSIONS.—

(i) VOLUNTARY EXTENSION AGREED TO BETWEEN INSPECTOR GENERAL AND COMPLAINANT.—If the inspector general is unable to complete an investigation under this section in time to submit a report within the 180-day period specified under subparagraph (A) and the person submitting the complaint agrees to an extension of time, the inspector general shall submit a report under paragraph (1) within such additional period of time as shall be agreed upon between the inspector general and the person submitting the complaint.

(ii) EXTENSION GRANTED BY INSPECTOR GENERAL.— If the inspector general is unable to complete an investigation under this section in time to submit a report within the 180-day period specified under subparagraph (A), the inspector general may extend the period for not more than 180 days without agreeing with the person submitting the complaint to such extension, provided that the inspector general provides a written explanation (subject to the authority to exclude information under paragraph (4)(C)) for the decision, which shall be provided to both the person submitting the complaint and the non-Federal employer.

(iii) SEMI-ANNUAL REPORT ON EXTENSIONS.—The inspector general shall include in semi-annual reports to Congress a list of those investigations for which the inspector general received an extension.

(3) DISCRETION NOT TO INVESTIGATE COMPLAINTS.—

(A) IN GENERAL.—The inspector general may decide not to conduct or continue an investigation under this section upon providing to the person submitting the complaint and the non-Federal employer a written explanation (subject to the authority to exclude information under paragraph (4)(C)) for such decision.

(B) ASSUMPTION OF RIGHTS TO CIVIL REMEDY.—Upon receipt of an explanation of a decision not to conduct or continue an investigation under subparagraph (A), the person submitting a complaint shall immediately assume the right to a civil remedy under subsection (c)(3) as if the 210-day period specified under such subsection has already passed.

(C) SEMI-ANNUAL REPORT.—The inspector general shall include in semi-annual reports to Congress a list of those investigations the inspector general decided not to conduct or continue under this paragraph.

(4) ACCESS TO INVESTIGATIVE FILE OF INSPECTOR GENERAL.—

(A) IN GENERAL.—The person alleging a reprisal under this section shall have access to the investigation file of H. R. 1—185 the appropriate inspector general in accordance with section 552a of title 5, United States Code (commonly referred to as the ‘‘Privacy Act’’). The investigation of the inspector general shall be deemed closed for purposes of disclosure under such section when an employee files an appeal to an agency head or a court of competent jurisdiction.

(B) CIVIL ACTION.—In the event the person alleging the reprisal brings suit under subsection (c)(3), the person alleging the reprisal and the non-Federal employer shall have access to the investigative file of the inspector general in accordance with the Privacy Act.

(C) EXCEPTION.—The inspector general may exclude from disclosure—

(i) information protected from disclosure by a provision of law; and

(ii) any additional information the inspector general determines disclosure of which would impede a continuing investigation, provided that such information is disclosed once such disclosure would no longer impede such investigation, unless the inspector general determines that disclosure of law enforcement techniques, procedures, or information could reasonably be expected to risk circumvention of the law or disclose the identity of a confidential source.

(5) PRIVACY OF INFORMATION.—An inspector general investigating an alleged reprisal under this section may not respond to any inquiry or disclose any information from or about any person alleging such reprisal, except in accordance with the provisions of section 552a of title 5, United States Code, or as required by any other applicable Federal law.

(c) REMEDY AND ENFORCEMENT AUTHORITY.—

(1) BURDEN OF PROOF.—

(A) DISCLOSURE AS CONTRIBUTING FACTOR IN

REPRISAL.—

(i) IN GENERAL.—A person alleging a reprisal under this section shall be deemed to have affirmatively established the occurrence of the reprisal if the person demonstrates that a disclosure described in subsection

(a) was a contributing factor in the reprisal.

(ii) USE OF CIRCUMSTANTIAL EVIDENCE.—A disclosure may be demonstrated as a contributing factor in a reprisal for purposes of this paragraph by circumstantial evidence, including—

(I) evidence that the official undertaking the reprisal knew of the disclosure; or (II) evidence that the reprisal occurred within a period of time after the disclosure such that a reasonable person could conclude that the disclosure was a contributing factor in the reprisal.

(B) OPPORTUNITY FOR REBUTTAL.—The head of an agency may not find the occurrence of a reprisal with respect to a reprisal that is affirmatively established under subparagraph (A) if the non-Federal employer demonstrates by clear and convincing evidence that the non- Federal employer would have taken the action constituting the reprisal in the absence of the disclosure.

H. R. 1—186

(2) AGENCY ACTION.—Not later than 30 days after receiving an inspector general report under subsection (b), the head of the agency concerned shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the complainant to a reprisal prohibited by subsection

(a) and shall either issue an order denying relief in whole or in part or shall take 1 or more of the following actions:

(A) Order the employer to take affirmative action to abate the reprisal.

(B) Order the employer to reinstate the person to the position that the person held before the reprisal, together with the compensation (including back pay), compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken.

(C) Order the employer to pay the complainant an amount equal to the aggregate amount of all costs and expenses (including attorneys’ fees and expert witnesses’ fees) that were reasonably incurred by the complainant for, or in connection with, bringing the complaint regarding the reprisal, as determined by the head of the agency or a court of competent jurisdiction.

(3) CIVIL ACTION.—If the head of an agency issues an order denying relief in whole or in part under paragraph (1), has not issued an order within 210 days after the submission of a complaint under subsection (b), or in the case of an extension of time under subsection (b)(2)(B)(i), within 30 days after the expiration of the extension of time, or decides under subsection (b)(3) not to investigate or to discontinue an investigation, and there is no showing that such delay or decision is due to the bad faith of the complainant, the complainant shall be deemed to have exhausted all administrative remedies with respect to the complaint, and the complainant may bring a de novo…