S-0197 sign install B-M.doc

AG-82B1-S-10-0197

Clearwater NFs

Road Signing

PART I—THE SCHEDULE

ROAD SIGN INSTALLATION

CLEARWATER NATIONAL FOREST

ITEM

NO. 1

UNIT

EST

QTY 2010 *

UNIT

PRICE

TOTAL

CLEARWATER NATIONAL FOREST, PALOUSE DISTRICT BID ITEM

Object Markers, Traffic Control, Route Markers, Information Signs/ includes sign post straightening and re-alingment

EA

1.2

ITEM

NO. 2

UNIT

EST

QTY 2010 *

UNIT

PRICE

TOTAL

CLEARWATER NATIONAL FOREST, NORTH FORK DISTRICT BID ITEM

Object Markers, Traffic Control, Route Markers, Information Signs/ includes sign post straightening and re-alingment

EA

1.2

ITEM

NO. 3

UNIT

EST

QTY 2010 *

UNIT

PRICE

TOTAL

CLEARWATER NATIONAL FOREST, LOCHSA DISTRICT BID ITEM

Object Markers, Traffic Control, Route Markers, Information Signs/ includes sign post straightening and re-alingment

EA

1.2

ITEM

NO. 4

UNIT

EST

QTY 2010 *

UNIT

PRICE

TOTAL

CLEARWATER NATIONAL FOREST, POWELL DISTRICT BID ITEM

Object Markers, Traffic Control, Route Markers, Information Signs/ includes sign post straightening and re-alingment

EA

1.2

NOTE:

* Estimated Quantities are for the purpose of evaluation of prices only. Increases in quantities to be installed will be compensated by modification to the contract based on the established unit prices.

A notice to proceed will be issued by the Contractiong Office, or Contracting Officer’s Representative, for installation of each item, in sufficient time to allow for mobilization Offerors must offer prices on all five sub-items, within an individual bid item, but are not required to bid on all Bid Items of work. A bid item is defined as sub-items 1.1 through 1.5.

This solicitation will result in the award of one or more a fixed price contract or contracts.

The roads which may be signed in 2010/11 are shown on the Forest Road Map. Specific roads to be signed will be only those identified in the notice to proceed.

The Government will pay one lump sum price for mobilization per item issued. Costs for moves between job locations on the tasks will be considered incidental to the ordered work, therefore the Contractor must consider this expense in the bid.

IMPORTANT: This acquisition has been set-aside for HUBZone Concerns (see FAR 52.219-3, Notice of Total HUBZone Set-Aside in Section I). In order to be awarded a contract, offeror must be a certified HUBZONE Concern with the U.S. Small Business Administration. For information regarding the on-line application process, go to the following wesite at https://eweb1.sba.gov/hubzone/interent/.

NOTE: See Section M for bid preparation and submittal instructions.

EXPERIENCE QUESTIONAIRE

(1) Record of Past Performance: List all road signing, fence installation, and similar contracts awarded to your firm in the last 3 years. Include details on the size and location of the contracts and provide the name and phone number of the client contact for each. If problems were encountered on any of these contracts, you may identify them and the corrective measures taken to prevent a recurrance. We will assess the history of quality work, timely completion, and commitment to customer satisfaction of the firm and proposed crew leaders.

(2) Contractor Operations.

· Equipment available: Describe your equipment, including the make, model, year of manufacture, capabilities, accessories, and specifications. ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

· Safety: Outline the precautions that will be taken for the safety of the operator(s) and other users of the roadway and describe the safety features on the installation equipment.

(3) Experience of Installation Crew/ Leaders(s): Identify the crew(s) and/or crew leaders including percentage of time each will be assigned to perform this project. Describe their experience related specifically to this type of project work.

(4) Quality Control: Describe your method of self inspection and means of insuring that all contract specifications are met without repeated rework and without reliance upon Government inspections.

SECTION C--DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SCOPE OF CONTRACT

GENERAL SPECIFICATIONS

C-1 – OBJECTIVES AND SCOPE OF CONTRACT. The contractor shall repair, replace and perform new sign installations of Forest roadway signs. These signs will include, but are not limited to: traffic control and warning signs, route marker signs, gate, bridge, cattle guard, culvert and barricade object markers, forest information and interpretive signs, campground information and site identification signs, and other signs identified by individual task order. All signs will be installed in accordance with Forest Service Regulation EM-7100-15 and the Manual on Uniform Traffic Control Devices, dated 2003 w/ revisions 1 and 2. It will be referred to as the MUTCD in the rest of this document.

C-2 - DESCRIPTION AND LOCATION

(a) – SIGN INSTALLATIONS. Location for performance is on the Clearwater National Forests. Bid items are associated with Ranger Districts. These are the Palouse, Northfork, Lochsa and Powell districts as individual bid items. The locations of the specific roads to be signed will be identified and shown on maps provided with task orders. The task orders will be for individual roads with specific instructions per individual sign.

(b) - GOVERNMENT FURNISHED MATERIALS. The Forest Service will provide a complete set of signs to be installed per each road task order. Appropriate posts and hardware will be made available in bulk issue to the contractor. It will be the contractors’ responsibility to properly account for provided materials. A materials utilization log will be kept and provided with each invoice per task order. All excess materials and hardware will be returned upon contract completion. The materials will be secured in Forest Service facilities until issue to the contractor by task order. Upon issue the storage and security of the signs and materials become the responsibility of the contractor. The contractor will be held liable for damage or loss of materials and signs in their possession.

C-3 - MOVING OF EQUIPMENT AND SUPPLIES. The initial moving of equipment, accessories, support equipment, and personnel to the jobsite specified in the task order, shall be paid at the lump sum mobilization amount as shown in the Schedule of Items. One lump sum mobilization payment will be made per task order issued. The moving of equipment and supplies between job sites defined in each task order shall be the contractor's responsibility and is incidental to this type of work.

C-4 - REPLACEMENT OF EQUIPMENT. Contractor shall provide quality equipment capable of safely performing the work under the terms of the contract. If equipment is rejected because it does not meet minimum requirements, including but not limited to safety and operability, or if it becomes inoperative, the Contractor shall correct the deficiencies or furnish replacement equipment meeting contract requirements within 2 days. All repairs are the total responsibility of the Contractor.

C-5 - MATERIAL DISPOSAL. During all operations under this contract, the Contractor shall exercise reasonable measures to effectively prevent or minimize soil erosion and pollution of water and other resources. All refuse, including old signs, posts, garbage, rubbish, and solid or liquid wastes from the Contractor's operations, including camps, parking areas, and equipment maintenance areas shall be stored and collected in a sanitary manner and disposed of in a State-approved sanitary landfill. All removed signs shall be rendered unserviceable to the extent they no longer have value as a traffic control device. All removed aluminum signs will be returned to the Forest Service for potential reuse or recycling.

PERFORMANCE SPECIFICATIONS

C-6 - WORK OBJECTIVES

(a) - Sign Replacement. Sign replacement is defined in the following sections.

(1) - This is defined as replacement in kind of damaged, unserviceable or missing signs on serviceable posts. These can be traffic control, route markers, information signs or campground site signs. These will be identified in the individual task orders. This will also include the straightening of posts that are leaning up to a 10 degree maximum angle. Posts beyond that angle will be pulled and reset and will be paid under either single or double post sign installation. Sign replacement will also include replacement of damaged, unserviceable or missing object markers on bridges, gates, barricades and cattle guards. All signs will be installed in accordance with Forest Service Regulation EM-7100-15 and the MUTCD, Version 2003 w/ Revisions 1 and 2. All replaced signs will have a Forest Service decal applied indicating date of installation.

(b) - Sign Post Setting and Replacement. Sign post straightening, replacement and setting procedures.

(1) –The Forest Service will make every attempt to identify unserviceable posts as well as posts that need to be pulled and reset. If the contractor finds an unidentified unserviceable post during the course of work, he may replace that post without further approval, using this procedure.

1. The contractor’s representative shall take a digital photo of the unserviceable post. The photo must have a date and time stamp showing as part of the photo.

2. The location must be identified on the task order and map supplied to the contractor. The replacement post must be accounted for on the required materials usage log. This information will be submitted to the COTR upon completion of the task order.

3. In the case of a post or posts with excessive angle of lean, again a date coded digital photo and notation of location shall be provided to the COTR upon completion of the task order.

4. This will then be paid at the associated sign installation rate.

5. If this situation arises more than 10% of the issued task order work, the COTR will be notified and a new evaluation of the task order will be made at that time.

(2) – Improper post depth. During the course of either straightening or resetting posts, improper post depth may be discovered. In that case the contractor will follow this procedure.

1. Take a digital photo of the post bottom with a tape measure run the length of the previously buried section identifying the improper depth.

2. Annotate the location and map of the task order.

3. If the post/s is serviceable and of adequate length reset to the correct depth and sign height. If not replace with a new post/s of adequate length.

4. This will then be paid at the associated sign installation rate.

5. If this situation arises more than 10% of the issued task order work, the COTR will be notified and a new evaluation of the task order will be made at that time.

The contractor will make all reasonable efforts to reuse serviceable posts, or return them to the Forest Service.

(c) - Single and Double Post Sign Installation. Single and double post sign installations are defined below.

All newly installed signs will have a Forest Service decal applied that shows the date of installation.

(1) - Single post sign installations include replacement of existing unserviceable signs and posts. This also includes resetting posts beyond a 10% angle of lean and installing new signs and posts. These shall be identified in the specific task orders. All signs will be installed in accordance with Forest Service Regulation EM-7100-15 and the MUTCD, Version 2003 w/ Revisions 1 and 2.

(2) - Double post sign installations include replacement of existing unserviceable signs and posts. This also includes resetting posts beyond a 10% angle of lean and installing new signs and posts. These shall be identified in the specific task orders. All signs will be installed in accordance with Forest Service Regulation EM-7100-15 and the MUTCD, Version 2003 w/ Revisions 1 and 2.

(d) - Carsonite Post Installation. The following section defines carsonite post installation.

(1) - Carsonite posts are installed along roadways for several different purposes. They are used as mile markers, hazard markers, object markers and as route markers. The installation also includes the application of the required numbers, message sticker or hazard marker. They are typically self adhesive vinyl decals. The number and location will be identified by individual task order.

(2) - The carsonites will be issued in bulk and accounted for by the contractor on the materials utilization log required to be turned in at the completion of each task order. Since the typical method of installation is by a post pounder, some damage is expected. The contractor is not liable for this damage as long as industry standard installation practices are followed. The contractor will contact the COTR immediately for a determination if the installation area desired seems impractical for this product.

C-7 - SIGNING AND PUBLIC SAFETY. The Contractor shall provide signs, other devices, and traffic control for occupied work areas in accordance with National standards as contained in Part VI of the Manual of Uniform Traffic Control Devices (MUTCD and these specifications. All signs and devices remain the property and responsibility of the Contractor.

(a) - Traffic Conditions

(1) - Roads shall be open to traffic unless otherwise approved in writing by the COR.

(2) - One lane roads shall be available for one lane channelized passage of traffic at all times unless approved in writing by the COR.

(3) – On roads closed with gates, the gate will remain closed during the period of operations. The gate shall be opened only to allow passage of the Contractor and his/her equipment and then be closed, unless otherwise approved in writing by the COR. The Contractor shall not hunt behind a closed gate, nor transport hunters or game, when equipment is behind that gate.

(b) - Devices

(1) - Required signs can be mounted on portable or temporary mountings. Standard MUTCD legends shall be used.

(2) - Traffic approaching the work area from either direction or side approaches shall be warned by signing.

(3) - Signs will, at all times, be within one mile of the operating equipment or personnel.

(4) - Hazards incidental to the work within or on the traveled way, shoulders, or turnouts shall be marked with hazard identification, illuminated beacons, or other MUTCD devices to safely guide road users through the area. Work shall be scheduled to provide for completion of segments on a daily basis.

(5) - Advisory speed plates may be used by the contractor to control traffic through the work area.

(c) – Equipment

(1) - All vehicles and machinery operating on or from the traveled way or road shoulder shall have flashing 4-way or top mounted flashing amber lights or rotary beacons operated continuously while work is in progress.

(2) - Back-up horns shall be required on all self-propelled equipment in excess of 8,000 gross weight.

(3) - Vehicles and machinery not in use in the Contractor’s operation shall be parked off the traveled way at approved locations to minimize interference with the normal use of the road. Track mounted machines shall not be used on paved surfaces.

(4) - Use of motorized equipment other than hand held equipment such as power saws and brush cutters will not be permitted off designated roads in the project area without approval of the Contracting Officer.

C-8 - REMOVAL OF OBSTRUCTIONS. The contractor will remove brush and debris from the sign installation area required to facilitate installation. All fallen trees, limbs, or brush in the travel way or road ditch line shall be removed and scattered outside the travel way.

C-9 - DAMAGE TO STRUCTURES. The Contractor is responsible for any damage caused by his/her personnel or equipment to any existing bridge abutments, cattle guards, culvert heads, or serviceable signs. Repair to these structures shall be at the Contractor's expense.

SECTION E--INSPECTION AND ACCEPTANCE

FAR 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. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services--Fixed-Price (AUG 1996)

(a) - Contractor Quality Control Inspection. The Contractor shall ensure that performance meets contract specifications prior to requesting the Government to inspect for payment or acceptance.

(b) – Request for Government Inspection: Upon completion of an entire item of work, the Contractor shall contact the Contracting Officer's Representative (COR) to set a mutually agreed upon date for inspection of completed work.

(c) - Acceptance. Acceptance of the work under the contract will be made after the COR has made the determination of satisfactory compliance with the specifications. For acceptance purposes, complete segments as defined in (b) above, shall be satisfactorily completed before acceptance will be made. Acceptance will not be made for segments broken by unacceptable portions of work.

SECTION F--DELIVERIES OR PERFORMANCE

FAR 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. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.242-14 Suspension of Work (APR 1984)

AGAR 452.211-74 Period of Performance (FEB 1988) The period of performance of this contract will be based upon the work being ordered and will be stated in each notice to proceed. It is anticipated that sign installation will occur between April and November, 2010.

AGAR 452.211-75 Effective Period of Contract (FEB 1988) The effective period of this contract is for one year from date of award or renewal.

SECTION G--CONTRACT ADMINISTRATION DATA

MEASUREMENT AND PAYMENT

(a) - Measurement. Accepted work will be measured by type of installation identified in the individual task orders.

(b) - Payment. Payment will be made for completed and accepted installations at the contract unit price per unit for the applicable item.

MEASUREMENT AND PAYMENT, ADDITIONAL WORK.

(a) - Measurement. Additional sign post installation work will be identified and based on the number of posts involved.

(b) - Payment. The Contractor shall utilize the procedures outlined in Section C-6 Section (b), paras 1, 2 to request and verfiy right to payment.

SECTION H--SPECIAL CONTRACT REQUIREMENTS

H – 1 LOSS, DAMAGE, OR DESTRUCTION

Equipment furnished with operator. The Government shall 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 employee(s) while acting within the scope of their employment.

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

H – 2 FIRE CONTROL (FS 236-1)

(a) - Contractor's Responsibility for Contractor-Caused Fires. The Contractor, whether or not directed by the Forest Service, shall immediately extinguish, without expense to the Government, all fires on or in the vicinity of the project which are caused by Contractor's employees, whether set directly or indirectly as a result of Contractor operations. The Contractor may be held liable for all damages and costs of additional labor, subsistence, equipment, supplies, and transportation resulting from fires set or caused by the Contractor's employees or resulting from contract operations.

(b) - Other Fires. For the purpose of fighting forest fires on or in the vicinity of the project which are not caused by the Contractor or his employees, the Contractor when requested by the Contracting Officer shall place his employees and equipment temporarily at the disposal of the Forest Service. Payment for such services will be made by the Government at not less than the current rate for fire-fighting services established by the Forest Service in the area concerned.

Any employees and equipment furnished will be relieved from fire fighting as soon as the Forest Service finds that it is practicable to employ other labor and equipment adequate for the protection of the area.

An equitable adjustment in contract time may be made for this period.

(c) - Fire Protection Requirements - Fire Plan. At all times during closed fire season period, as specified by State law, the Contractor shall comply with each of the following provisions to the extent applicable to his operation under the contract.

(1) Fire Tools. The Contractor will provide for each employee in the contract area at least one approved hand tool of a type appropriate in the contract area, such as shovel, pulaski, or ax. Tools required and furnished under (2) and (4) below, shall count toward fulfillment of the above requirement. Where additional tools, beyond those required under (2) and (4) below, are to be provided, the Contractor shall seal such tools in one or more boxes painted red and marked "Tools for Fire Only." All tools required herein shall be kept sharp and in good serviceable condition and maintained at locations to be designated by the Forest Service.

(2) Fire Extinguishers and Tools on Mobile or Stationary Equipment. Each unit of powered equipment used in connection with this contract, including automobiles, trucks, tractors, etc., shall be equipped with serviceable tools and fire extinguishers as follows:

· One - fire extinguisher, dry chemical type of not less than 2-1/2 pound capacity with 4 BC or higher rating.

· One - shovel, round point #0 lady or equal.

· One - ax, 2 pounds or over, 26-inch minimum length, or one pulaski.

· One - water container (at least 1-gallon capacity), not required with stationary equipment.

(3) - Spark Arresters. Each internal combustion engine shall be provided with a spark arrester or spark arresting device approved by the Forest Service. Exceptions where the Forest Service may approve mufflers, or other equipment in lieu of spark arresters qualified and rated under Forest Service Standard 5100-1a are: (a) small multiposition engines, such as chain saws, shall meet Society of Automotive Engineers J335b standards; (b) passenger-carrying vehicles and light trucks may have baffle-type mufflers with tail pipe; (c) heavy-duty trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle. An exhaust-driven turbocharger is considered to be a satisfactory spark arrester. Internal combustion engine exhaust systems, arresters, and other devices must be properly installed and maintained.

(4) - Powersaws. For each powersaw used in connection with this contract, the following will be provided:

· One - shovel, round point #0 lady or equal. Shovel must be immediately available for use.

· One - Fire extinguisher, containing not less than 8 ounces of extinguisher fluid, or a dry chemical powder-type of not less than 1-pound capacity. The extinguisher must be immediately accessible to the saw operator at all times.

Any fueling or refueling of a powersaw shall only be done in an area which has first been cleared or is free of all material capable of carrying fire; powersaw shall be moved at least 10 feet from place of fueling before starting.

(5) - Blasting. Fuse or prima cord shall not be used unless authorized in writing by the COR with special precautions stated.

(6) - Smoking. Smoking shall not be permitted within the contract area except on surfaced or dirt roads, at landings, within closed vehicles, in camps, or at other posted places, and shall never be allowed while working or traveling on foot.

(7) - Storage of Petroleum and Other Highly Flammable Products. Gasoline, oil, grease, or other highly flammable material will be stored either in a separate building used exclusively for such storage, or at a site where all combustible debris and vegetation is cleared away within a radius of 25 feet. Fire extinguishers and/or sand barrels may be required at such locations specified by the Forest Service when unusually hazardous conditions exist.

(8) - Debris Burning and Warming Fires. Burning permits will be required for all debris burning fires. Lunch and warming fires may be allowed in fireproofed areas during periods of low fire danger if and as specified in the fire plan. Such fires must not be left burning unattended.

(9) - Precautions for Stoves. Stovepipes on all temporary buildings, trailers, and tents using wood burning stoves, will be equipped with roof jacks and serviceable spark arresters of mesh with openings no larger than 5/8 inch.

All stovepipes, inside and out, will not be closer than 2 feet from any wood or other flammable material or 1 foot if the combustible material is protected by a metal or asbestos shield.

(10) - Welding. Welding or use of cutting torches will be permitted only in areas that have been cleared or are free of all material capable of carrying fire. Flammable debris and vegetation must be removed from within a minimum of 10 feet radius of all welding and cutting torch operations. A shovel and a 5-gallon standard backpack water container (filled) with handpump attached, shall be immediately available for use in the event of a fire start.

(11) - Fire Plan. Prior to initiating work on the contract area, during the closed fire season period, a fire prevention and suppression plan will usually be prepared. The Contractor and the Forest Service will jointly prepare this plan. Such plan shall include a detailed list of men and equipment at the Contractor's disposal for implementing the plan. The fire plan shall also specify additional measures and/or special requirements, such as Hoot Owl restrictions, necessary during periods of critical fire weather conditions.

When Hoot Owl restrictions are invoked, the Forest Service may curtail or shut down all or portions of a Contractor's operations. The following requirements may be imposed:

(i) All high fire risk operations could be terminated at 1300 local time.

(ii) All burning could be stopped, including debris burning fires.

(iii) Patrolman may be required for a period of 2 hours after high fire risk operations and 1 hour after end of work shift. The Contractor shall provide the patrolman unless the contract is for equipment rental, in which case the Government will provide the patrolman.

(12) NOT USED.

(13) - Burning. Before starting any open burning, the Contractor shall comply with the following:

(i) Submit a burning plan, subject to approval by the Contracting Officer, designed to minimize the impact on air quality and to lessen any fire damage.

(ii) Obtain a burning permit from the District Ranger.

(iii) - Use weather forecasts as far as possible in scheduling burning for more favorable dispersal of smoke.

(iv) - Fuel shall be reasonably free of dirt and piled to facilitate rapid and complete combustion. Piles shall be tended during burning operations to maintain combustion and to eliminate unnecessary smudges. Piles shall be patrolled during off-work hours to avoid wildfires.

(v) - Unless fire season controls dictate otherwise, burning shall be scheduled, as far as practicable, for the most favorable conditions during the burning period.

(vi) - Under certain atmospheric conditions, smoke accumulations may become excessive and in these cases, the Regional Forester may, at his discretion, prohibit all open burning for definite periods within specific areas of the National Forest.

H – 3 USE OF PREMISES (AGAR 452.236-72 (NOV 1996))

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on the drawings, is opened or operated on USDA land or lands administered by the USDA, the Contractor shall obtain written permission from the Contracting Officer. A camp is interpreted to include a campsite or trailer parking area of any employee working on the project for the Contractor.

(b) Unless excepted elsewhere in the contract, the Contractor shall (i) provide and maintain sanitation facilities for the work force at the site and (ii) dispose of solid waste in accordance with applicable Federal, State and local regulations.

H – 4 PETROLEUM PRODUCTS

Storage of more than 200 gallons of petroleum products on the project must be done under the rules and regulations of the State of Idaho Forest Practices Act (IDAPA 20.02.01) and Pacfish Standard RA-4. A partial list of these requirements are listed below.

(a) Storage containers shall be sited within a constructed dike of sufficient size to contain 125% of the volume of petroleum products stored in the tanks. Containment areas shall be lined with an impermeable membrane.

(b) The storage areas shall be located more than 300 feet from any existing stream courses. Fueling of equipment shall be done in a manner to eliminate potential spills.

(c) Transfer trucks shall be limited to 200 gallons maximum.

(d) Fueling of equipment shall take place a minimum of 300 feet from any stream course. If this requirement cannot be met a written spill plan must be approved by the COR.

(e) All spills shall be reported immediately to the COR. Spills over 25 gallons must be reported to the Idaho Division of Environmental Quality.

H – 5 NOXIOUS WEED CONTROL. (2/96)

In order to prevent the potential spread of noxious weeds into work areas, the Contractor shall be required to use weed-free equipment.

The following is considered proof of weed-free equipment:

The Contractor will be required to clean all construction equipment prior to entry on to the work area. This cleaning shall remove all dirt and plant parts and material that could carry noxious weed seeds into the work area. Only construction equipment so cleaned and inspected by the Forest Service will be allowed to operate within the work area. All subsequent move-ins of construction equipment shall be treated in the same manner as initial move-in. “Construction equipment” does not include pickup trucks and personal vehicles.

Prior to initial move-in, and all subsequent move-ins, the Contractor shall make all construction equipment available for inspection by the Forest Service at an agreed upon location. The Contractor shall give the Forest Service at least 24 hours advance notification when equipment is ready for inspection.

H – 6 52.204-11 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 http://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--

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

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

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

(End of clause)

H – 7 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).

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

(End of Clause)

H – 8 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…