Final B_0116.doc

AG-82B1-S-09-0116, Pre-Commercial Tree Thinning

SECTION B - SUPPLIES OR SERVICES AND PRICES/COST

PRECOMMERCIAL THINNING

Kootenai National Forest

Libby Ranger District

B-1 - SCHEDULE OF ITEMS

All items, or a combination of the following items, may be awarded, and, there may be multiple awards.

Libby District 2009 Thinning Item# 501

Sub-item Stand Number and Area Quantity Unit Unit Price Total 501.1 Hoodoo. 539-02-016 Ac.

501.2 Hoodoo 539-02-057 16 Ac. $_________ $_ _

501.3 Hoodoo 539-02-055 & 056 20 Ac.

501.4 Hoodoo 539-02-003 27 Ac.

501.5 Hoodoo 539-02-041 18 Ac.

501.6 Hoodoo 539-03-003 24 Ac.

501.7 Hoodoo 539-05-023 ,024, & 027 16 Ac.

501.8 Hoodoo 539-05-028 & 031 12 Ac.

501.9 Hoodoo 539-05-025 9 Ac.

TOTAL QUOTE ITEM NO. 1

Ac.

XXXXXXX $_________

Libby District 2009 Thinning Item# 502

Sub-item Stand Number and Area Quantity Unit Unit Price Total 502.1 N. Smoked Fish. 566-03-126 & 132 Ac.

502.2 N. Smoked Fish 566-01-008 Ac.

502.3 N. Smoked Fish 566-04-004 11 Ac. $_________ $_________

502.4 N. Smoked Fish 566-04-019 12 Ac.

TOTAL QUOTE ITEM NO. 1

Ac.

XXXXXXX $_________

Libby District 2009 Thinning Item # 503

Sub-item Stand Number and Area Quantity Unit Unit Price Total 503.1 Upper Pipe 514-01-072 Ac.

503.3 Upper Pipe 514-01-065 Ac.

TOTAL QUOTE ITEM NO. 3

Ac.

XXXXXXX $_________

Libby District 2009 Thinning Item # 504

Sub-item Stand Number and Area Quantity Unit Unit Price Total 504.1 McMillan 529-01-069 Ac.

504.2 McMillan 529-01-072 9 Ac.

504.3 McMillan 529-01-073 17 Ac.

TOTAL QUOTE ITEM NO. 4

Ac.

XXXXXXX $_________

Libby District 2009 Thinning Item #505

Sub-item Stand Number and Area Quantity Unit Unit Price Total 505.1 McMillan 529-04-004 Ac.

TOTAL QUOTE ITEM NO. 5

Ac.

XXXXXXX $_________

Libby District 2009 Thinning Item # 506

Sub-item Stand Number and Area Quantity Unit Unit Price Total 506.1 McMillan 529-04-016, 36, 054, & 067 113 Ac.

506.2 McMillan 529-01-059, 60, 99, &

529-04-135, 001, 069 Ac.

506.3 McMillan 529-04-032 16 Ac. $_ _$_ _

TOTAL QUOTE ITEM NO. 6

Ac.

XXXXXXX $_________

Libby District 2009 Thinning Item # 507

Sub-item Stand Number and Area Quantity Unit Unit Price Total 507.1 Backus Cr. 577-07-018 & 04 Ac.

507.2 Backus Cr. 577-07-005 Ac.

507.3 Backus Cr. 577-07-016 26 Ac. $_ $_ _

507.4 Backus Cr. 577-07-019 29 Ac.

507.5 Backus Cr. 577-06-026 4 Ac.

507.6 Backus Cr. 577-06-020 11 Ac.

507.7 Backus Cr. 577-060-23 7 Ac.

TOTAL QUOTE ITEM NO. 7

Ac.

XXXXXXX $_________

Libby District 2009 Thinning Item # 508

Sub-item Stand Number and Area Quantity Unit Unit Price Total 508.1 Syrup Cr. 578-03-038, 053, & 054 Ac.

508.2 Syrup Cr. 578-02-040, 041, 013 Ac.

508.3 Syrup Cr. 578-02-033 42 Ac. $_ _ $_ _

508.4 Syrup Cr. 578-02-045 8 Ac.

508.5 Syrup Cr. 578-03-029 18 Ac.

508.6 Syrup Cr. 578-03-052 20 Ac.

TOTAL QUOTE ITEM NO. 8

Ac.

XXXXXXX $_________

Total Price All Items $_________ 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.

B-3 – AWARD DETERMINATION - AWARDS WILL BE MADE BY ITEM. Offers will not be accepted for acre quantities less than those acres specified for each subitem, and, therefore, must be submitted for the total acres in each subitem.

SECTION C –DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 – SCOPE OF WORK

The scope of this contract is to provide required services to accomplish tree thinning by hand related to the reduction of undesired forest growth. 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 tree thinning in accordance with the silvicultural summary prescriptions herein. The work may occur on slopes of varying degrees and it is strongly urged that all offerors become familiar with the land prior to submitting offers.

(b) Location. The project work is located on the Canoe Gulch Ranger Station, Libby, Montana, . of the Kootenai National Forest. The location of the work sites, size of units, and the other information pertinent to each subitem is contained on the attached maps.

C-3 Access. The project areas may be reached by Forest Roads that are accessible by standard two-wheel drive pickup truck equipped for mountain driving during the normal operating season, except as noted below. The Government assumes no obligation to plow snow or do special maintenance to keep roads open.

The road/gate accesses for the bid items are as follows:

Permission can usually be obtained for access after road closure dates at Libby Ranger Station except in special wildlife area closures that will require a walk-in. Walk-in units have been identified above.

Libby Ranger District Sub – Item Access Item 501.1 - Road 7737 West poker hill road is open year round;

Item 501.2 & 501.3 - Road 4400A is closed yearlong with a gate;

Item 501.4 - 501.6 - Roads 4774, 4400C, & 4400D are open year round;

Item 501.7, 501.8, & 501.9 - Road 808B closed with a metal gate except during bear season;

Item 502.1 - Road 4655 is closed with a yearlong restriction and gate

Item 502.2 - Road 4652 is closed with a yearlong restriction and gate

Item 502.3 & 502.4 – Road 5128 is open yearlong.

Item 503.1 – Road 14417 is closed with a yearlong restriction and gate except during bear season

Item 503.3 – Road 4721F is closed with a yearlong restriction and gate

Item 504.1 – Road 14426 is closed with a yearlong restriction and gate

Item 504.2 & 504.3 - Road 533G is closed with a yearlong restriction and gate

Item 505.1 – Road 533K is closed with a yearlong restriction and gate

Item 506.1 – Road 533K and 533J is closed with a yearlong restriction and gate

Item 506.2 – Roads 533M, L, & J are is closed with a yearlong restriction and gate

Item 506.3 – Road 14408 is closed with a yearlong restriction and gate Item 507.1 – 507.4 Roads 4597 & 4593 are is closed with a yearlong restriction and gate Item 507.5 – Road 4595A is closed with a yearlong restriction and gate.

Item 507.6 – Road 4593 is closed with a yearlong restriction and gate.

Item 507.7 – Road 4595 is closed with a yearlong restriction and gate.

Item 508.1 – Road 2386 & 2387A are closed with a yearlong restriction and gate.

Item 508.2 & 508.4 – Road 2364 is closed with a yearlong restriction and gate.

Item 508.3 – Road 2364 is open to sub-item.

Item 508.4 – Road 2364T is closed yearlong with earth barrier, Short walk in.

Item 508.6 – Road 2387A is closed with a yearlong restriction and gate.

C-4 - 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-5 – 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).

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 eight (8) items May 15, 2010 November 15, 2012*

*unless weather or fire danger conditions are not conducive to thinning.

The Contractor shall maintain progress at a rate which will assure completion of a minimum of 50% of all items of work by November 15, 2011.

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.

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--

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

(b) Presentation of a properly executed invoice; and

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

AGAR 452.215-73 Post Award Conference (NOV 1996) A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at (to be determined).

AGAR 452.237-74 Key Personnel (FEB 1988)

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

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

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

Section H – SPECIAL CONTRACT REQUIREMENTS

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

U.S. Forest Service, 740 Simms Street

Attention: EROC

Golden, Colorado 80401

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

As prescribed in 4.1502, insert the following clause:

American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(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).

(c) 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 action at law or equity against the employer to seek compensatory damages and other relief available under this section in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. Such an action shall, at the request of either party to the action, be tried by the court with a jury.

(4) JUDICIAL ENFORCEMENT OF ORDER.—Whenever a person fails to comply with an order issued under paragraph (2), the head of the agency shall file an action for enforcement of such order in the United States district court for a district in which the reprisal was found to have occurred. In any action brought under this paragraph, the court may grant appropriate relief, including injunctive relief, compensatory and exemplary damages, and attorneys fees and costs.

(5) JUDICIAL REVIEW.—Any person adversely affected or aggrieved by an order issued under paragraph (2) may obtain review of the order’s conformance with this subsection, and any regulations issued to carry out this section, in the United

States court of appeals for a circuit in which the reprisal is alleged in the order to have occurred. No petition seeking such review may be filed more than 60 days after issuance of the order by the head of the agency. Review shall conform to chapter 7 of title 5, United States Code.

H. R. 1—187

(d) NONENFORCEABILITY OF CERTAIN PROVISIONS WAIVING

RIGHTS AND REMEDIES OR REQUIRING ARBITRATION OF DISPUTES.—

(1) WAIVER OF RIGHTS AND REMEDIES.—Except as provided under paragraph (3), the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement.

(2) PREDISPUTE ARBITRATION AGREEMENTS.—Except as provided under paragraph (3), no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising under this section.

(3) EXCEPTION FOR COLLECTIVE BARGAINING AGREEMENTS.—

Notwithstanding paragraphs (1) and (2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under the collective bargaining agreement.

(e) REQUIREMENT TO POST NOTICE OF RIGHTS AND REMEDIES.—

Any employer receiving covered funds shall post notice of the rights and remedies provided under this section.

(f) RULES OF CONSTRUCTION.—

(1) NO IMPLIED AUTHORITY TO RETALIATE FOR NON-PROTECTED

DISCLOSURES.—Nothing in this section may be construed to authorize the discharge of, demotion of, or discrimination against an employee for a disclosure other than a disclosure protected by subsection (a) or to modify or derogate from a right or remedy otherwise available to the employee.

(2) RELATIONSHIP TO STATE LAWS.—Nothing in this section may be construed to preempt, preclude, or limit the protections provided for public or private employees under State whistleblower laws.

(g) DEFINITIONS.—In this section:

(1) ABUSE OF AUTHORITY.—The term ‘‘abuse of authority’’ means an arbitrary and capricious exercise of authority by a contracting official or employee that adversely affects the rights of any person, or that results in personal gain or advantage to the official or employee or to preferred other persons.

(2) COVERED FUNDS.—The term ‘‘covered funds’’ means any contract, grant, or other payment received by any non-Federal employer if—

(A) the Federal Government provides any portion of the money or property that is provided, requested, or demanded; and

(B) at least some of the funds are appropriated or otherwise made available by this Act.

(3) EMPLOYEE.—The term ‘‘employee’’—

(A) except as provided under subparagraph (B), means an individual performing services on behalf of an employer;

and

(B) does not include any Federal employee or member of the uniformed services (as that term is defined in section

101(a)(5) of title 10, United States Code).

(4) NON-FEDERAL EMPLOYER.—The term ‘‘non-Federal employer’’—

(A) means any employer—

(i) with respect to covered funds—

(I) the contractor, subcontractor, grantee, or recipient, as the case may be, if the contractor, H. R. 1—188 subcontractor, grantee, or recipient is an employer;

and

(II) any professional membership organization, certification or other professional body, any agent or licensee of the Federal government, or any person acting directly or indirectly in the interest of an employer receiving covered funds; or

(ii) with respect to covered funds received by a

State or local government, the State or local government receiving the funds and any contractor or subcontractor of the State or local government; and

(B) does not mean any department, agency, or other entity of the Federal Government.

(5) STATE OR LOCAL GOVERNMENT.—The term ‘‘State or local government’’ means—

(A) the government of each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or any other territory or possession of the United States; or

(B) the government of any political subdivision of a government listed in subparagraph (A).

//Section End//

SECTION - I – CONTRACT CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The full text of 52.219-4, is included with the list of clauses by reference in order to maintain continuity with the related clause Also, the full text of a clause may be accessed electronically at these addresses:

http://www.arnet.gov/far www.usda.gov/procurement/policy/agar.html

52.202-1 Definitions. (JUL 2004)

52.203-3 Gratuities. (APR 1984)

52.203-5 Covenant Against Contingent Fees. (APR 1984)

52.203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006)

52.203-7 Anti-Kickback Procedures. (JUL 1995)

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (SEP 2007)

52.204-4 Printed or Copied Double-Sided on Recycled Paper. (AUG 2000)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (SEP 2006)

52.215-2 Audit and Records - Negotiation. (MAR 2009)

52.215-8 Order of Precedence - Uniform Contract Format. (OCT 1997)

52.216-4 Economic Price Adjustment - Labor and Material. (JAN 1997)

52.219-6 Notice of Total small Business Set-Aside (JUNE 2003) 52.219-8 Utilization of Small Business Concerns. (MAY 2004)

52.222-1 Notice to the Government of Labor Disputes. (FEB 1997)

52.222-3 Convict Labor. (JUN 2003)

52.222-26 Equal Opportunity. (MAR 2007)

52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006)

52.222-36 Affirmative Action for Workers with Disabilities. (JUN 1998)

52.223-14 Toxic Chemical Release Reporting. (AUG 2003)

52.224-1 Privacy Act Notification. (APR 1984)

52.224-2 Privacy Act. (APR 1984)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.225-14 Inconsistency between English Version and Translation of Contract. (FEB 2000)

52.227-1 Authorization and Consent. (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. (DEC 2007)

52.227-3 Patent Indemnity. (APR 1984)

52.229-3 Federal, State, and Local Taxes. (APR 2003)

52.232-1 Payments. (APR 1984)

52.232-8 Discounts for Prompt Payment. (FEB 2002)

52.232-9 Limitation on Withholding of Payments. (APR 1984)

52.232-17 Interest. (OCT 2008)

52.232-23 Assignment of Claims. (JAN 1986)

52.233-1 Disputes. (JUL 2002)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

52.237-3 Continuity of Services. (JAN 1991)

52.246-04 Inspection of Services -- Fixed-Price (Aug. 1996)

52.246-25 Limitation of Liability - Services. (FEB 1997)

52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEP 2006)

(a) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on-

(1) The number of special disabled veterans, the number of veterans of the Vietnam era, and other eligible veterans in the workforce of the Contractor by job category and hiring location; and

(2) The total number of new employees hired during the period covered by the report, and of the total, the number of special disabled veterans, the number of veterans of the Vietnam era, and the number of other eligible veterans; and

(3) The maximum number and the minimum number of employees of the Contractor during the period covered by the report.

(b) The Contractor shall report the above items by completing the Form VETS100, entitled "Federal Contractor Veterans' Employment Report (VETS100 Report)".

(c) The Contractor shall submit VETS100 Reports no later than September 30 of each year beginning September 30, 1988.

(d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total hires during the most recent 12month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date-

(1) As of the end of any pay period between July 1 and August 31 of the year the report is due; or the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100).

(e) The Contractor shall base the count of veterans reported according to paragraph (a) of this clause on voluntary disclosure. Each Contractor subject to the reporting requirements at 38 U.S.C. 4212 shall invite all special disabled veterans, veterans of the Vietnam era, and other eligible veterans who wish to benefit under the affirmative action program at 38 U.S.C. 4212 to identify themselves to the Contractor. The invitation shall state that-

(1) The information is voluntarily provided;

(2) The information will be kept confidential;

(3) Disclosure or refusal to provide the information will not subject the applicant or employee to any adverse treatment; and

(4) The information will be used only in accordance with the regulations promulgated under 38 U.S.C. 4212.

(f) The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor.

(End of clause)

52.222-39 Notification of Employee Rights Concerning Payment of Union Dues Or Fees (Dec 2004)

(a) Definition. As used in this clause-

"United States" means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)).

Notice to Employees

Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment.

If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments.

For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number:

National Labor Relations Board Division of Information 1099 14th Street, N.W.

Washington, DC 20570 1-866-667-6572

1-866-316-6572 (TTY)

To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov.

(c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR part 470, and orders of the Secretary of Labor.

(d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR part 470, Subpart B-Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 470, which implements Executive Order 13201, or as are otherwise provided by law.

(e) The requirement to post the employee notice in paragraph (b) does not apply to-

(1) Contractors and subcontractors that employ fewer than 15 persons;

(2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor's employees;

(3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements;

(4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor's facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that-

(i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and

(ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or

(5) Work outside the United States that does not involve the recruitment or employment of workers within the United States.

(f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall-

(1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department's Office of Labor-Management Standards or Office of Federal Contract Compliance Programs;

(2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or

(3) Reproduce and use exact duplicate copies of the Department of Labor's official poster.

(g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c).