AG-82B1-S-10-0451.pdf

SOLICITATION/CONTRACT/ORDER AL ITEMS 1. REQUISITION NUMBER PAGE 1 OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 406687 39

2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICIATION ISSUE

DATE

AG-82B1-S-10-0451

DATE

6/21/10

a. NAME b. TELEPHONE NUMBER(No collect 8. OFFER DUE DATE/

7. FOR SOLICITATION calls) LOCAL TIME

INFORMATION CALL: Stephen M. Patton (spatton@fs.fed.us) 907-228-6240 c.o.b. 7/7/10

9. ISSUED BY CODE 10. THIS ACQUISITON IS

USDA Forest Service UNRESTRICTED OR SET ASIDE: 100 % FOR

Intermountain EROC SMALL BUSINESS EMERGING SMALL

BUSINESS

740 Simms Street HUBZONE SMALL

NAICS: 481212 BUSINESS

Golden CO 80401 SERVICE-DISABLED VETERAN- 8(A)

SIZE STANDARD: 1500 employees OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

- SEE SCHEDULE

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

See Schedule

16. ADMINISTERED BY CODE

Same as block 9

17a. CONTRACTOR/ CODE FACILITY

OFFEROR CODE

18a. PAYMENT WILL BE MADE BY CODE

Same as block 9

TELEPHONE N0.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

OFFER IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM N0. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

TAS::12 1102::TAS RECOVERY Helicopter Transport of Wilderness Bridge Materials

See continuation of Block 20.

This solicitation and any resulting contract will utilize funds provided by the American Recovery and Reinvestment Act (ARRA) of 2009.

Inclusion of unique clauses and provisions required in implementing the Act, including those for significant reporting and transparency, will be required of the successful offeror.

BASIS OF AWARD: The Government will make one award to the responsible offeror offering the best value to the Government based on price and price related factors.

This is an ARRA funded projects and as such incorporates the attached ARRA clauses into this solicitation and any awarded contract.

(Use Reverse and/or Attach Additional Sheets as Necessary)

Enter prices on the

Schedule of Items

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.2124. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REF. OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY DATED .. YOUR OFFER ON SOLICITATION ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Mobilization

Helicopter Transportation of All Materials

Ea

EA

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECTFOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41 b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41 c. DATE

42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

RECOVERY Helicopter Transport of AG-82b1-S-10-0451

Wilderness Bridge Materials Page 3

Continuation of SF-1449, Block 20

1 - PROJECT DESCRIPTION AND LOCATION

(a) - DESCRIPTION OF WORK - The project describes moving between 20,000 and 23,000 pounds of bridge materials (approximately 220 to 250 pieces) from the Meadow Creek Trailhead to the North approximately ~ 8 nautical miles (NM) to site # 1 (Black Bear Pack Bridge) ~15 nautical miles (NM) to site # 2 ( Salmon Forks Pack Bridge) and ~24 nautical miles (NM) to site # 3 ( Big Prairie Pack Bridge) The material to be transported is both treated and untreated lumber for the reconstruction of the three pack bridges. The vendor will need to rig and fly the cargo, including providing the rigging (straps, slings, etc.). Metal chokers, log tongs or other rigging that will crush into the treated lumber are not acceptable. The rigging materials will be returned to the vendor in approximately five to seven days depending on the time required to pack with stock the rigging materials out (~3 days) and ship them to the vendor.

The Minimum Requirement Decision Analysis has specified a maximum number of helicopter flights permissible to each location : (1) to Black Bear, (1) to Salmon Forks, and (3) to Big Prairie. It is desirable to limit flight operations into the Wilderness to one day.

Bridge Materials: The Material to be transported varies in length from 6’ to 16’ in length. See the list in section, C-2 Government Furnished Property, for a list of materials to be transported.

Supply a helicopter that can transport the heaviest estimated load of 5,000 lbs. At site # 1, the Black Bear Pack Bridge site( N42° .88’ x W113° 22.36 Elevation ~ 4100’) will have (1) load of approximately 5,000 lbs. At the Salmon Forks Pack Bridge Site N47° .70’ x W113° .21.43’ Elevation ~ 4300’) will have (1) load of approximately 5,000 lbs. At the Big Prairie Pack Bridge site (N47° 30.38’ x W113° 14.61’ ~ 4600’ Elevation will have (3) loads of approximately 5,000 lbs. each be delivered. Each load may be less than 5,000 but as close as fuel and elevation allows.

Description of Drop Site: This operation will deliver the bridge materials from the Meadow Creek Trailhead (N47° 50.07 x W113° 25.21 Elevation ~ 4000’) in the South Fork River Drainage to 3 marked locations in the South Fork River Drainage. Precision placement is necessary as all materials will be moved by hand at a later date. The South Fork of the Flathead River Drainage corridor has a steep slopes of greater than 60%, and is greater than 1,000 feet in width. The valley bottom is mostly timber with small opening and trees of which are greater than 100 feet in height. Each of the bridge sites have adequate openings with the smallest site being Salmon Forks with an opening of approximately 150’ x 200’. The trees at this location average 60’ tall. Both Big Prairie and Black Bear locations have large opening close to the bridges that are larger than 250’ x 250’ with scattered timber. Ground access to the delivery site is prohibited as these three locations are in the Bob Marshall Wilderness Complex. Drop sites will be marked by the Forest Service. Any government personnel working in the area will be there for quality assurance purposes only.

Maintenance/refueling sites: The refueling site is the Spotted Bear Airstrip (8U4) (N47° 57.46’ x W113° 33.50’ Elevation~ 3700’) located off Forest Road 895. The site is adequate for 45’ fuel trailers. The selection of the Spotted Bear Airstrip site would need coordination between the Forest Service COR and the Spotted Bear Forest Service Ranger Station. .

(b) - PROJECT LOCATION - The work area resides in the South Fork of the Flathead River drainage in Flathead County Montana. (See Maps 1, 2 and 3). To access the project area from Hungry Horse Montana travel south/southwest on Forest Road 38 approximately 55 miles

Wilderness Bridge Materials Page 4 to the junction with Forest Road # 895, the West Side Reservoir Road. Turn west and travel west/ northwest approximately 3 miles to the Spotted Bear Airstrip. Turn and travel south on Forest Road 895 to the junction with Forest Road 2826 the Meadow Creek Road. Travel south on Forest Road 2826 approximately 15 miles to the site the material will be hook for the longline operation. All bridge materials will be packaged to be flown from this site to the wilderness locations.

Considerable information for locations is obtainable from Google Earth using the latitudes and longitudes given in this description.

(c) - EQUIPMENT REQUIREMENTS – Supply a helicopter of sufficient size to transport loads of approximately 5,000 pounds..

(d) - START WORK – The Forest Service anticipates issuing the Notice to Proceed as soon as practicable following award of the contract.

(e) - PERIOD OF PERFORMANCE - All work shall be completed by September 30, 2010.

(f) - LODGING – Off site, there is a public airport and motel in Kalispell, Montana.

(g) CAMPING – The contractor will be allowed to camp on National Forest Land at the site approved by the Spotted Bear Ranger District, Flathead National Forest for the operational period. The contractor shall keep the campsite area clean and obey all applicable rules and regulations.

(h) - OPERATIONS PLAN – Quoters shall attach an operations plan with their proposal.

(i) - QUALITY ASSURANCE/QUALITY CONTROL (QA/QC) – The contractor shall detail to the COR how he/she will ensure the designated areas near the stream have the proper number of logs in place. The COR and/or Project Inspector shall periodically monitor the log placement areas.

2 – GOVERNMENT-FURNISHED PROPERTY. All bridge materials necessary to accomplish the designated work which includes lumber and hardware. .

1). 48 Ea- 2” X 10” X 16’ untreated running planks.

2). 200# of 4” ring shank nails

3). 90 Ea.- 2” X 12” X 16’ untreated running planks.

4). 5 Ea. Glue laminated beams Bolts W/nuts ¾” X 18” 28 ea

6-3/4” X 9” X16’-0” Bolts self locking nuts ¾” X 18” 60 Ea

Bolts W nuts ¾” X 20” 12 Ea.

5). 252 Ea. Treated, Rough Sawn Bolts w/nuts ¾” X 12” 8 Ea.

2” X 12” X 9’-0” U-Bolts / nuts ¾” X 18” 10 Ea.

Bolts w/nuts 5/8” X 17” 27 Ea

6). 7 Ea. Treated Rough Sawn Bolts w/nuts 5/8” X 11” 60 Ea.

2” X 12” X 14’-0” Bolts w/nuts 5/8” X 10” 248 Ea

Bolts w/nuts 5/8” X 6” 176 Ea.

7). 14 Ea. S4S Treated Bolts w/nuts ½” X 6” 550 Ea.

2” X 6” X 4’-4 ¾” Bolts w/nuts ½” X 7 ½” 32 Ea.

Cut washers ¾” 210 Ea.

8). 84 Ea. S4S Treated Cut washers 5/8” 760 Ea.

Wilderness Bridge Materials Page 5

2” X 6” X 15’-3 ¾” Cut washers ½” 1100 Ea

Nails- Ring Shank 4” 150#

9). 8 Ea. S4S Treated Nails- 16d galvanized 20 #

2” X 6” X 12’-0” Plate washer ½” X 6” X 10” 12 Ea.

Plate Washer ½” X 6” X 16” 12 Ea.

10). 160 Ea. S4S Treated

1” X 6” X 7’-1 7/8”

11). 88 Ea. S4S Treated

2” X 6” X 2’-0”

12). 10 Ea. Treated, Rough Sawn

3” X 6” X 7’-8 3/8”

3 – SPECIFICATIONS

TRANSPORT: As detailed in the Description of Work above, bridge materials packaged and transported in a manner that will maximize loads and protect the physical integrity of the bridge materials for delivery at the drop sites.

Load and Service/Maintenance site: Sites will be maintained in serviceable conditions and upon completion of work all debris shall be removed for legal disposal.

4 - CERTIFICATIONS – Certifications, Required Licenses and Authorizations If aerial transportation systems are used, the Quoter/Offerer certifies that:

a. Contractors and pilots (if used on this project) are currently certified and licensed under Federal Aviation Administration (FAA)(CFR 14), as applicable, to perform the proposed work.

b. All work performed will be accomplished in accordance with the above referenced certificates or standards. I no standard is applicable, then the work will be accomplished in accordance with the best industry operating practices.

5 – REQUIREMENTS – Aerial Operations

a. Contractors using aircaft in the performance of this contract must comply with the provisions of their operations plan.

b. Contractor’s flight crews and aviation- related ground personnel directly related to flight shall comply with any industry safety protocols and other standards that may apply to this type of work.

c. Fueling Plan – if aerial transport is used: The aircaraft support and fueling will be done at a site suitable for operations. All fueling operations are to be conducted in a secure area and without presenting any undue hazard to personnel or the general public. A refueling operation must be in accordance with local, state, and federal environmental and safety regulations.

Proposed refueling locations must be documentsed in the operations plan submitted by the vendor. Proposed refueiling locations adjacent to rivers or streams must have full containment in the event of a fuel spill.

6 - SPECIAL CONTRACT REQUIREMENTS

Wilderness Bridge Materials Page 6

(a) Prework Conference. After award and prior to any operations, a prework conference shall be held at a date/time and location agreed upon by the Contracting Officer and the Contractor.

Discussions relative to contract requirements will be conducted at this time

(b) Property and Personal Damage

(1) The Contractor shall use every precaution necessary to prevent damage to public and private property.

(2) The Contractor shall be responsible for all damage to property and to persons, including third parties, that occur as a result of his or his agent's or employee's fault or negligence. The term "third parties" is construed to include employees of the Government.

(3) Contractor shall procure and maintain during the term of this contract, and any extension thereof, liability insurance in compliance with the requirements of CFR Title 14, Part 298. The terms "air taxi operator" is construed to be the "Contractor" and "air transportation" is construed to be all of the work required by the Contract. The parties named insured under the policy or policies shall be the Contractor and the United States of America.

(4) The Contractor may be otherwise insured by a combination of primary and excess policies. Such policies shall have combined coverage equal to or greater than the combined minimums required.

(5) Policies containing exclusions for chemical damage or damage incidental to the use of equipment and supplies furnished under this contract, or growing out of direct performance of the contract, will not be acceptable. The chemical damage coverage may be limited to chemicals dispensed while performing firefighting activities.

(6) Prior to the commencement of work the Contractor shall submit to the Contracting Officer, as proof of insurance, one copy of the insurance policy, or confirmation from the insurance company, certifying that the coverage described in this clause has been obtained and is in force.

(c) Operational Period - This project is estimated to take 2 days.

(d) Oversight - the contractor will furnish all personnel necessary to conduct work required and all oversight of its operations. The Flathead National Forest will provide a Contracting Officer Representative (COR) and Project Inspector for the purpose of inspection and acceptance.

(e) Code of Federal Regulations (CFR) – Contractor shall meet the applicable requirements of the CFR’s.

(f) Safety Requirements and Accident Prevention - In order to protect life and health and to prevent damage, the contractor will use diligence in preventing accidents and will comply with applicable Federal and State Laws.

7 – PAYMENT – Payment for transport will be made upon Government approval that the project objective have satisfactorily met. Payment for Mobilization will be made as a lump sum amount upon completion of the work, unless other agreement is made with the Contracting Officer for a 50%

Wilderness Bridge Materials Page 7 payment at time of initial move in. Terms will be in accordance with FAR 52.212-4 Contract Terms and Conditions-Commercial Items, (i) Payment.

Wilderness Bridge Materials Page 8

CONTRACT CLAUSES

The full text of a clause or provision may be accessed electronically at www.arnet.gov/far/

FAR 52.212-4 Contract Terms and Conditions--Commercial Items (MAR 2009)

Addenda to FAR 52.212-4

FAR 52.203-15 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).

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

FAR 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 http://www.arnet.gov/far/ http://www.arnet.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/lawrevisioncounsel.shtml http://www.arnet.gov/far/current/html/FARTOCP16.html#wp226194 http://www.arnet.gov/far/current/html/Subpart%202_1.html#wp1145508 http://www.arnet.gov/far/current/html/Subpart%202_1.html#wp1145508

Wilderness Bridge Materials Page 9 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.

Wilderness Bridge Materials Page 10

(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.

http://www.arnet.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/lawrevisioncounsel.shtml

Wilderness Bridge Materials Page 11

(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.

FAR 52.215-2 AUDIT AND RECORDS—NEGOTIATION (MAR 2009) ALT 1 (MAR 2009)

(a) As used in this clause, ―records‖ includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form.

(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have the right to examine and audit all records and other evidence sufficient to reflect properly all costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this contract. This right of examination shall include inspection at all reasonable times of the Contractor‘s plants, or parts of them, engaged in performing the contract.

(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with any pricing action relating to this contract, the Contracting Officer, or an authorized representative of the

Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor‘s records, including computations and projections, related to—

(1) The proposal for the contract, subcontract, or modification;

(2) The discussions conducted on the proposal(s), including those related to negotiating;

(3) Pricing of the contract, subcontract, or modification; or

(4) Performance of the contract, subcontract or modification.

(d) Comptroller General or Inspector General. (1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 http://uscode.house.gov/lawrevisioncounsel.shtml

Wilderness Bridge Materials Page 12

U.S.C. App.), or an authorized representative of either of the foregoing officials, shall have access to and the right to—

(i) Examine any of the Contractor‘s or any subcontractor‘s records that pertain to and involve transactions relating to this contract or a subcontract hereunder; and

(ii) Interview any officer or employee regarding such transactions.

(2) This paragraph may not be construed to require the Contractor or subcontractor to create or maintain any record that the Contractor or subcontractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the Contracting

Officer or an authorized representative of the Contracting Officer shall have the right to examine and audit the supporting records and materials, for the purpose of evaluating—

(1) The effectiveness of the Contractor‘s policies and procedures to produce data compatible with the objectives of these reports; and

(2) The data reported.

(f) Availability. The Contractor shall make available at its office at all reasonable times the records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this clause, for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in

Subpart 4.7, Contractor Records Retention, of the Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other clauses of this contract. In addition—

(1) If this contract is completely or partially terminated, the Contractor shall make available the records relating to the work terminated until 3 years after any resulting final termination settlement; and

(2) The Contractor shall make available records relating to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to this contract until such appeals, litigation, or claims are finally resolved.

(g)(1) Except as provided in paragraph (g)(2) of this clause, the Contractor shall insert a clause containing all the terms of this clause, including this paragraph (g), in all subcontracts under this contract.

The clause may be altered only as necessary to identify properly the contracting parties and the Contracting

Officer under the Government prime contract.

(2) The authority of the Inspector General under paragraph (d)(1)(ii) of this clause does not flow down to subcontracts.

FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

(a) Definitions. As used in this clause—

―Commercially available off-the-shelf (COTS) item‖—

(1) Means any item of supply that is—

(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and https://www.acquisition.gov/far/current/html/Subpart%204_7.html#wp1082800 https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508

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(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App.

1702), such as agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), ―bulk cargo‖ means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.

―Employee assigned to the contract‖ means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee—

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

―Subcontract‖ means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

―Subcontractor‖ means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.

―United States‖, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto

Rico, Guam, and the U.S. Virgin Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the

Contractor shall—

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee‘s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the

Contractor shall use E-Verify to initiate verification of employment eligibility of—

(i) All new employees.

(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal

Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/far/current/html/Subpart%2022_18.html#wp1089948 https://www.acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 http://uscode.house.gov/

Wilderness Bridge Materials Page 14 working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2) respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The

Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of—

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the Contractor‘s decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).

(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU.

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor‘s MOU and deny access to the E-Verify system in accordance with the terms of the

MOU. In such case, the Contractor will be referred to a suspension or debarment official.

(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the

Contractor must reenroll in E-Verify.

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.

(d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee—

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify program;

(2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program

Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant to

Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal

Employees and Contractors.

http://uscode.house.gov/ http://www.dhs.gov/E-Verify http://www.dhs.gov/E-Verify

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(e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e)

(appropriately modified for identification of the parties), in each subcontract that—

(1) Is for—

(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,000; and

(3) Includes work performed in the United States.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—

Commercial Items (JUN 2009)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer shall check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and

Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements

(Mar 2009) (Pub. L. 111-5).

___ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999)(15 U.S.C. 657a).

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___ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (7) [Reserved]

___ (8) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-6.

___ (iii) Alternate II (Mar 2004) of 52.219-6.

___ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.

637(d)(2) and (3)).

___ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008)(15 U.S.C. 637 (d)(4).)

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (12) 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)).

___ (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999)(15 U.S.C.

637(d)(4)(F)(i)).

___ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged

Business Concerns (Oct 2008)(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (June 2003) of 52.219-23.

___ (15) 52.219-25, Small Disadvantaged Business Participation Program—

Disadvantaged Status and Reporting (Apr 2008)(Pub. L. 103-355, section 7102, and 10

U.S.C. 2323).

___ (16) 52.219-26, Small Disadvantaged Business Participation Program—Incentive

Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

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___ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business

Set-Aside (May 2004) (15 U.S.C. 657 f).

___ (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009)

(15 U.S.C. 632(a)(2)).

___ (19) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

___ (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb

2008) (E.O. 13126).

___ (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

___ (22) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

___ (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

___ (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29

U.S.C. 793).

___ (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212).

___ (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union

Dues or Fees (Dec 2004) (E.O. 13201).

___ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42

U.S.C. 8259b).

___ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of

Personal Computer Products (Dec 2007) (E.O. 13423).

___ (ii) Alternate I (Dec 2007) of 52.223-16.

___ (31) 52.225-1, Buy American Act--Supplies (Feb 2009)(41 U.S.C. 10a-10d).

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___ (32) (i) 52.225-3, Buy American Act –Free Trade Agreements – Israeli Trade Act

(Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and

110-138).

___ (ii) Alternate I (Jan 2004) of 52.225-3.

___ (iii) Alternate II (Jan 2004) of 52.225-3.

___ (33) 52.225-5, Trade Agreements (Jun 2009) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

___ (34) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.‘s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

___ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42

U.S.C. 5150).

___ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov 2007) (42 U.S.C. 5150).

___ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (38) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

___ (39) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor

Registration (Oct. 2003)(31 U.S.C. 3332).

___ (40) 52.232-34, Payment by Electronic Funds Transfer—Other Than Central

Contractor Registration (May 1999)(31 U.S.C. 3332).

___ (41) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332).

___ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

___ (43) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

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(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29

U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price

Adjustment (Multiple Year and Option Contracts) (Nov 2006)(29 U.S.C.206 and 41

U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price

Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007)

(41 U.S.C. 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar

2009) (Pub. L. 110-247).

___ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008)(31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor‘s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down…