1. DRAFT_12363N26R4001_Dutton Hill G-Z_Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

SERVICES - OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

1153686

PAGE 1 OF

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

12363N26R4001 11/14/2025

7. FOR SOLICITATION INFORMATION CALL:

EMAIL CONTACT PREFERRED

a. NAME b. TELEPHONE NUMBER 8. OFFER DUE DATE / LOCAL TIME

Mark T. Phillipp, mark.phillipp@usda.gov (541) 487-1187 01/14/2026

4:00 p.m. MT

9. ISSUED BY CODE 363N 10. THIS ACQUISITON IS UNRESTRICTED OR SET ASIDE % FOR:

USDA-FS – Procurement & Property Services National Procurement Operations Stewardship Contracting Branch 1400 Independence Ave. SW, MS-1138 Washington DC 20250-1138

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMAN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

NAICS:

HUBZONE SMALL BUSINESS 115310

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS 8(A)

SIZE STANDARD:

$34 M

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 81H5 16. ADMINISTERED BY CODE 363N

COCONINO NATIONAL FOREST

FLAGSTAFF RANGER DISTRICT

1824 S. Thompson St.

Flagstaff, AZ 86005

USDA-FS – Procurement & Property Services National Procurement Operations Stewardship Contracting Branch 1400 Independence Ave. SW, MS-1138 Washington DC 20250-1138

17A. CONTRACTOR/OFFEROR CODE FACILITY

CODE 18a. PAYMENT WILL BE MADE BY CODE 363N

Name:

Address:

Email:

Telephone No:

*Invoice Processing Platform (IPP):

All invoices for payment must be submitted electronically through the Invoice Processing Platform via www.IPP.gov.

*All Invoices for Non-Monetary Stewardship Credits must be submitted to the Forest COR via email. SAM UEI (12 characters):

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

SEE ADDENDUM

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

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

DUTTON HILL G-Z STEWARDSHIP IRSC

COCONINO NATIONAL FOREST

FLAGSTAFF RANGER DISTRICT

See attached Schedule of Items

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

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 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE (1) COPY via

ELECTRONIC (email) to mark.phillipp@usda.gov and joshua.bahling@usda.gov

29. AWARD OF CONTRACT: REF__________________

CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

OFFER DATED________________, YOUR OFFER ON SOLICITATION

____________________________ (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.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 mailto:mark.phillipp@usda.gov http://www.ipp.gov/ mailto:mark.phillipp@usda.gov

Dutton Hill G-Z Stewardship IRSC Coconino National Forest Solicitation 12363N26R4001 Flagstaff Ranger District

1. GENERAL INFORMATION:

Proposals shall be valid for 60 days after the date of receipt for the solicitation. If additional time is needed, an extension will be requested from the Contracting Officer. Refer to this solicitations instructions for preparing your proposal and pricing. Submit technical proposals and price proposals separately, via email, to the individual(s) shown in box 28 of page 1.

All Offerors must be actively registered in the System for Award Management (SAM) https://SAM.gov to be eligible for award under this solicitation. If your registration is not active, you will not be considered for award.

2. SCHEDULE OF ITEMS

MANDATORY WORK ACTIVITIES:

ITEM

NO.

DESCRIPTION OF

WORK ACTIVITIES UNIT ESTIMATED

QUANTITY UNIT PRICE TOTAL PRICE

1 Double Springs Treatment Area - 626 acres

Mandatory Work Items

(a) Cut and Remove Included Timber (6”- 24” DBH) Acre 626 N/A N/A

(b) Timber Stand Improvement (<6.0” DBH and >6’ in height) Acre 626 $ $

2 Dutton Hill Treatment Area – 4,219 acres

(a) Repaint Cut Unit and Deferral Boundaries using FS methods Feet 306,665 $ $

(b) Repaint all Leave Tree Mark Units (LTM) using FS methods Acre 619 $ $

(c) Leave Tree Marking: Convert Designation by Prescription (DxP) units to LTM using FS methods

Acre 2,639 $ $

(d) Timber Cruise Implementation using FS methods Plot 281* $ $

3 LO Pocket Treatment Area – 3,934

(a) Repaint Cut Unit and Deferral Boundaries Feet 228,831 $ $

(b) Repaint all Leave Tree Mark Units (LTM) Acre 606 $ $

(c) Leave Tree Marking: Convert (DxP) units to LTM Acre 2,304 $ $

(d) Timber Cruise Implementation Each 262* $ $

Total All Mandatory Service Items $ https://sam.gov/

Dutton Hill G-Z Stewardship IRSC Coconino National Forest

OPTIONAL WORK ACTIVITIES:

ITEM

NO.

DESCRIPTION OF

OPTIONAL WORK ACTIVITIES UNIT ESTIMATED

QUANTITY UNIT PRICE TOTAL PRICE

4 Dutton Hill Treatment Area – 4,219 acres

(a) Cut and Remove Included Timber (6”- 24” DBH) Acre 4,219 N/A N/A

(b) Timber Stand Improvement (<6” DBH and >6’ in Height) Acre 4,219 $ $

5 LO Pocket Treatment Area – 3,934

(a) Cut and Remove Included Timber (6”- 24” DBH) Acre 3,934 N/A N/A

(b) Timber Stand Improvement (<6” DBH and >6’ in Height) Acre 3,934 $ $

6 Dutton Hills Heritage Site Work

a) Dutton Hill Heritage Site Work -

Complete Site Update Each 28 $ $

Total All Optional Service Items $

TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

Price Schedule # 1: Mandatory Item #1a – Double Springs Treatment Area

SPECIES PRODUCT QUANTITY UNIT OF

MEASURE

Minimum Bid Rate

Bid Rate TOTAL VALUE

PP PP Sawtimber 14”+ 9,635 Tons $ 3.57 $ $

NPP Non Saw 9”- 13.9” 7,739 Tons $ 3.57 $ $

PPP POL 6”-8.9” 2,482 Tons $ 3.57 $ $

Double Springs Treatment Area Total – All Products 19,856 Tons

Total: $

SPECIES PRODUCT QUANTITY UNIT OF MEASURE MINIMUM

ACCEPTABLE OFFER

Price Schedule # 2: Optional Item #4a – Dutton Hill Treatment Area

PP PP Sawtimber 14”+ TBD from Cruise 47,183** Tons TBD from Appraisal

$0.08 - $8.00***

NPP Non-Saw 9”-13.9” TBD from Cruise 63,725** Tons TBD from Appraisal

$0.08 - $8.00***

Dutton Hill G-Z Stewardship IRSC Coconino National Forest

Schedule Notes

Multiple Awards MAY be made from this solicitation. Up to 3 awards may be awarded divided by Treatment Areas if determined to be the best value to the Forest Service. Combinations of mandatory and optional items will not be awarded across treatment areas. For example, preparation work for Dutton Hill Treatment Area will not be awarded with optional items for implementation of the LO Pocket Treatment Area.

Regarding the Mandatory and Optional work in the Dutton Hill and LO Pocket Treatment Areas: The Mandatory Work (Items 2 and 3) is prep work that is required to be completed first to award the Optional Work (4a, 4b, 5a, and 5b). Work items 2 and 3 (a, b, c, and d) are the Presale default items that require bid pricing and are to be discussed (?) in technical proposals. Optional Work will be awarded at the discretion of the FS.

Alternate Proposals are encouraged if offeror can show cost or time savings, see Section 60 and Section 62 for instructions and evaluation criteria for offers and alternative offers. Pricing is needed for all items in order for a proposal to be accepted and an alternative may be submitted with a separate price sheet. Alternative proposals must meet all specifications set forth in Appendix A and meet all requirements of this solicitation to be considered.

These schedules are for pricing/payment purposes. See Instructions to Offerors for business proposal requirements. Unit prices prevail. Price Proposals MUST be provided on ALL Items in Schedules: Mandatory Work, Optional Work and Total Value Bid Premium for all Timber Products for each Price Schedules 2 and 3.

Alternate proposals are not required to be considered a complete/satisfactory bid.

*Number of cruise plots is a gross estimate, the total number of cruise plots per treatment area shall not exceed the listed quantity. Final quantity will be determined following the development of the cruise plan by the Coconino National forest and contract will be modified to reflect actual needed cruise plots for each treatment area.

PPP POL 6”-8.9” TBD from Cruise 20,713*** Tons $0.01

Total Value Bid Premium – Dutton Hill Treatment Area **** $

Total Value – All Products Dutton Hill Treatment Area (TBD after cruise and appraisal)

N/A – TBD

Will be calculated by FS for evaluation purposes.

Price Schedule # 3: Optional Item #5a – LO Pocket Treatment Area

PP PP Sawtimber 14”+ TBD from Cruise 75,108** Tons TBD from Appraisal

$0.08 - $8.00***

NPP Non-Saw 9”-13.9” TBD from Cruise 51,476** Tons TBD from Appraisal

$0.08 - $8.00***

PPP POL 6”-8.9” TBD from Cruise 13,001** Tons $0.01

Total Value Bid Premium – All Products LO Pocket Treatment Area **** $

Total Value – All Products LO Pocket Treatment Area (TBD after cruise and appraisal)

N/A – TBD

Will be calculated by FS for evaluation purposes.

Dutton Hill G-Z Stewardship IRSC Coconino National Forest

** The estimated gross tons of timber products for Optional Items 4a and 5a (Price Schedules 2 and 3), were based on a previous timber cruise performed in 2019. There are approximately 131,621tons to be removed from 4,219 acres for Optional Item 4a, and 139,585 tons to be removed from 3,934 acres for Optional Item 5a.

When Mandatory Items 2d and 3d are completed, the final volumes for total tons to be removed will be updated for Optional Items 4a and 5a and will be added through contract modification and Notice to Proceed will be issued.

***When Final Cruise for each Treatment Area has been completed and accepted, the FS will complete an independent Timber Sale Appraisal using the R3 regional appraisal system to determine the Advertised Timber Rate, and Bid Premiums proposed (and awarded) by contractor will be added to rates to be collected. Cruise data accepted from Items 2d and 3d WILL be used for appraisal data entries to calculate logging costs. The final timber sale appraisal will not be shared. If the final appraised Timber Rate for Saw timber is between $0.08/ton and $8.00/ton, Total Value Bid Premiums shall be binding and applied in full.

**** Contractors shall provide a Total Value Bid Premium for all products per treatment area ≥$0.08, except for Double Springs Treatment Area. The Total Value Bid Premium for each Treatment Area will be distributed evenly over all final awarded products (non-saw and saw timber) per treatment area to have one combined rate for all products per Treatment Area. This will allow maximum flexibility to contractors in marketing all products. To reduce risk to both parties due to over/under-run of products, cruising standards have been increased to “Tree Measurement” maximum allowable error. Timber products will be scaled due to the use of Designation by Prescription and virtual boundaries.

For evaluation of price proposals, FS will calculate the Total Value of all products per Treatment Area based on the assumptions shown in the Timber Removal Price Schedule and the Total Value Bid Premium offer. The following calculation will be used for both evaluation of proposals as well as when determining final single timber rate per Price Schedule:

[(Saw Volume * Saw Minimum Rate) + (Non-saw volume * Non-Saw Minimum Rate) + (Total Value Bid Premium] = Total Value of all products (Saw Volume + Non-saw Volume)

A site visit will be scheduled for November 18, 2025 to view the project area and discuss the objectives of this contract. The meeting will take place at 10:00 am MST at Mormon Lake Work Center 4373 South Lake Mary Road, Flagstaff, AZ 86005.

PERIOD OF PERFORMANCE IS FROM DATE OF AWARD THROUGH December 31, 2029

3. LAND MANAGEMENT ACTIVITIES.

The Forest Service is executing this procurement under the stewardship contracting authority provided under Section 8205 of Public Law 113-79, the Agricultural Act of 2014 as amended under Section 204 & 207 of the Consolidated Appropriations Act (Omnibus Bill 2018). Stewardship authority grants the Forest Service Chief or designee the authority to aggregate contractual requirements into stewardship projects and solicit those requirements utilizing full and open competition

Performance of land management activities shall be in accordance with Project Description and Work Specifications. Payment for Land Management Work Activities in Schedule of Items will be made in Stewardship Credits and Appropriated Funds.

Dutton Hill G-Z Stewardship IRSC Coconino National Forest

All Base Work Activities (Mandatory) shall be performed. Optional activities are listed in order of planned priority.

Award may be made for optional items in any order that the Contracting Officer determines is in the best interest of the Government.

4. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEVIATION AUG 2025)

a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

Dutton Hill G-Z Stewardship IRSC Coconino National Forest

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by if– http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3903&num=0&edition=prelim

Dutton Hill G-Z Stewardship IRSC Coconino National Forest

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s

Dutton Hill G-Z Stewardship IRSC Coconino National Forest records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance.

The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery.

In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

Dutton Hill G-Z Stewardship IRSC Coconino National Forest

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

(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 part 4, longer period required by statute, or periods specified in 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.

(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 clause 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.

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

ADDENDUM TO FAR 52.212-4

5. SCOPE OF CONTRACT

(a) Description of Work- The Flagstaff Ranger District on the Coconino National Forest in Arizona requires this mission essential project to complete forest management treatments that will reduce the likelihood of catastrophic wildfires to the surrounding rural communities of Williams, Sedona, Munds Park and Flagstaff, AZ. This project was identified for Region 3 in the attachment to the Secretary's Memorandum 1078-006. This work will include a combination of mechanical and hand thinning treatments which will remove hazardous fuels and provide over 95,000 CCF of timber to the

Dutton Hill G-Z Stewardship IRSC Coconino National Forest local timber industries. The Dutton Hill G-Z IRSC comprises three project treatment areas: Double Springs (626 acres), Dutton Hill (4,262 acres), and LO Pocket (3,933 acres). The total project area consists of 8,821 acres of Ponderosa Pine forest and savanna/grasslands. This project will increase the pace and scale of forest restoration treatments by contracting project layout and preparation activities. These activities will facilitate logging activities across the 8,821 acres and are in line with the President's Executive Order 14225, Immediate Expansion of American Timber Production (3/1/2025) and related USDA Secretarial Memo 1078-006 (4/3/2025). This project has a projected start date of May/June 2026. The objectives of this project are to increase forest health and vigor sustaining long term timber production and reduce hazardous fuels and decreasing the threat of catastrophic wildfire within the Wildland Urban Interface by accomplishing the following:

1. Improve forest health by increasing residual tree growth, vigor, and crown development.

2. Reduce fuel loading and re-introduce low-intensity fire by implementing mechanical fuel treatments and preparatory work to manage the effects of the re-introduction of fire as a disturbance mechanism. Removing activity slash from FS lands when feasible.

3. Thin from below in ponderosa pine stands and restoring savanna and grassland vegetation types.

4. Remove included sawtimber and non-sawtimber from the Contract Area.

5. Mechanically remove small diameter trees to landings to be burned by FS or chipped/removed from contract area.

6. Provide wood products to local industry by utilizing timber and other forest products.

(b) Resulting Contract – Any resultant contract will be a firm fixed price commercial services contract with requirements for timber removal.

(c) Project Location-

LO Pocket

T. 20N. R. 4E. Sections 1, 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 23, and 24 and T. 20N. R. 5E. Section 6, 7.

Dutton Hill

T. 20N. R. 5E. Sections 3, 4, 5, 6, 7, 9, 11, 13, 15, 16, 17, 18, 21, 23 and 24.

Double Springs

T. 19N. R. 9E. Section 31; T. 18N. R 9E. Sections 6, 7, 18, 19. T. 18N. R. 8E. 12, 13, 14, and 24.

(d) Under this contract, “Contractor’s Operations” shall include activities of or use of equipment of Contractor, Contractor’s employees, agents, Subcontractors, or their employees or agents, acting in the course of their employment in operations hereunder on National Forest lands or within Forest Service protection boundary (unless acting under the immediate supervision of Forest Service).

(e) Contractor’s Operations shall be conducted in a workmanlike and orderly manner. The timing of required Forest Service designation of work on the ground and the performance of other Forest Service work shall not be such as to cause unnecessary delay to Contractor.

6. SPECIFICATIONS

General specifications for each Contract Activity individually described by an item number in the Schedule of Service Items can be found in Appendix A. Specifications for timber removal can be found in Appendix B and

Dutton Hill G-Z Stewardship IRSC Coconino National Forest associated road plans and specifications in Appendix C for Stewardship related projects. Incidental construction or reconstruction specified road work plans, drawings, exhibits, and specifications can be found in Appendix D.

7. CONTRACTOR QUALITY CONTROL INSPECTION SYSTEM

The Contractor shall identify the quality control inspection system it will use to ensure that contract specifications will be achieved. At no time shall the contractor rely upon Government inspections to provide notification of unsatisfactory performance. The Contractor shall produce written inspection records in a format and at times and places satisfactory to the Contracting Officer. Inspection records shall be made available upon request of the Contracting Officer and be maintained until the date of contract closure. The Contracting Officer may observe the Contractor's inspection at any time and shall otherwise have unlimited access to the inspection data.

8. ACCEPTANCE

The Forest Service shall perform an inspection upon Contractor’s written request and assurance that work has been completed. Requests shall be for a reasonable portion of work. Acceptance may be made for all or portions of work.

9. GOVERNMENT QUALITY ASSURANCE SURVEILLANCE PLAN

Quality assurance plans specific to individual items will be found in Appendix A.

10. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

The Contractor shall be required to (a) commence work under this contract within 10 calendar days after receipt of Notice to Proceed for specified work items, (b) prosecute the work diligently, and (c) complete all work no later than December 31, 2029. The time stated for completion shall include final cleanup of the premises.

11. PERIOD OF PERFORMANCE

The period of performance of this contract is from date of award through December 31, 2029.

12. CONTRACT OPERATIONS SCHEDULE

Contractor shall, before commencing operations, provide in writing an annual Operating Schedule of anticipated major activities and needs for logging Included Timber and completing stewardship projects, such as logging, road maintenance, and construction. Upon reasonable notice to Forest Service, such a schedule shall be subject to modifications necessitated by weather, markets, or other unpredictable circumstances.

Contractor’s Operations may be conducted outside Normal Operating Season. “Normal Operating Season” is the period(s) beginning and ending on the dates stated below.

Timeframe Restriction Description

April 15 – November 30

Current Operating Areas. Where logging, road construction, or other stewardship project work is in progress but not completed, unless agreed otherwise, Contractor shall, before operations cease annually, remove all temporary log culverts and construct temporary cross drains, drainage ditches, dips, berms, culverts, or other facilities needed to control erosion.

Such protection shall be provided, prior to end of November 30th, for all disturbed, unprotected ground that is not to be disturbed further prior to end of operations each year, including roads and associated fills, tractor roads, skid trails, and fire lines. When weather permits, operations during November 30 –

Dutton Hill G-Z Stewardship IRSC Coconino National Forest

Timeframe Restriction Description April 15, inclusive Contractor shall keep such work on any additional disturbed areas as up to date as practicable.

13. SCHEDULES AND REPORTS

Contractor shall provide the following submittals as stated below unless otherwise mutually agreed upon. The Contractor shall update all submittals as needed, or as required by the CO, but in no case less than once per calendar year on a date specified by the Contracting Officer:

ITEM DESCRIPTION

SUBMITTAL DUE

Proposed Operation Plan (Overall Schedule): The Contractor shall prepare and submit one electronic copy of a practicable schedule showing the order in which the Contractor proposes to perform the work, and the estimated starting and completion dates of various phases of the work. The schedule shall comply with the contract time requirements in the contract.

With proposal

Schedule for Construction Items: The Contractor shall comply with the requirements of FAR 52.236-15 – Schedules for Construction Contracts. At prework meeting

Subcontractors: List of proposed subcontractors and their intended work. Sub-contractors must have Contracting Officer’s written approval prior to starting work on the project. Submit on Standard Form 1413.

With proposal

Traffic Control Plan. The Contractor shall prepare and submit a Traffic Control Plan detailing conformance with OSHA requirements, MUTCD requirements, and all other contract requirements, including, but not limited to the requirements included in the Appendices, if any.

At prework meeting

Safety Plan. The Contractor shall comply with the requirements of the solicitation’s safety clause for all activities under this contract.

With proposal

Quality Control Plan. Submit original with proposal. Any updates need to be provided for approval to the CO.

With proposal

Small Business Subcontracting Plan. Applies to large businesses only- A Draft Small Business Subcontracting Plan is required with any proposal from a large business. Refer to 52.216-9 Small Business Subcontracting Plan for requirements.

With proposal

Designation of Contractor personnel describing responsibilities and authorities At prework meeting

All schedules and reports shall be submitted to the Contracting Officer, unless the Contracting Officer directs the Contractor to submit any schedules or reports directly to the Contracting Officer’s Representative.

14. STEWARDSHIP CREDITS

Stewardship Credits are credits that are earned and established when work listed in the Schedule of Items has been performed and accepted. Stewardship credits may be cash or non-monetary (product value) and shall be earned at the rate as shown in award documents. Earned non-monetary credits may be used to pay for timber value included in the Schedule of Items. Unless otherwise indicated in the Schedules, credits will be earned based upon Actual Quantities accomplished and accepted.

Dutton Hill G-Z Stewardship IRSC Coconino National Forest

15. ESTABLISHMENT OF STEWARDSHIP CREDITS

Notwithstanding references to payments in “Payment” clauses or provisions of this contract, payment for Stewardship Activities will be made with Stewardship Credits as indicated in the award document.

Stewardship Credits will be established on a monthly basis as work is accepted. Stewardship credits will be established for the number of units of each activity that have been completed and accepted. Acceptance may be for all, or a reasonable portion of, any specific activity.

Invoices to establish cash credits (cash payment) are to be submitted electronically via the Invoice Processing Platform (IPP).

Invoices to establish non-monetary credit are to be submitted to the Contracting Officer Representative (COR) identified on award documents. These credits will be used to off-set the amount required to be paid for the forest products value when earned prior to the cutting of Included Timber.

16. PAYMENT

It is anticipated that funds will be exchanged in the performance of this contract because the value of the timber will not completely offset the value of the work to be performed. When payment is made to the contractor for work performed, it will be made in accordance with the specifications set forth under the payment methods provisions in Appendix A. When harvesting operations are underway, the value of work completed and timber removed will be documented monthly in the Forest Products Financial System which will produce a Statement of Accounts.

Payment terms for funded (cash credits) stewardship work will be 14 days from invoice approval.

17. TIMBER PAYMENT GUARANTEE

(1) General—(a) To guarantee payment for timber scheduled for removal under the IRSC, Contractor may earn Stewardship Credits in advance of removal or provide a Timber Payment Guarantee in the form of an acceptable surety payment bond, cash payment, or a deposit in a Federal Depository negotiable securities of the United States.

(b) Any earned Stewardship Credits and alternate Timber Payment Guarantee together will maintain a minimum unobligated balance equal to the applicable charges for timber the Forest Service estimates will be cut in 60 calendar days plus the value of any outstanding charges, or equal to the total value of the timber that has not been paid for.

(c) Securities shall be deposited through the Contracting Officer accompanied by a power of attorney and agreement authorizing the bond-approving officer to sell or collect such securities if payment is not made within 15 days of billing by Forest Service. The penal sum of such surety bond or the market value at time of deposit of such negotiable securities shall be the maximum amount of the payment guaranteed.

(2) A Timber Payment Guarantee for a single contract shall be provided utilizing FS Form 6500-12.

(3) Blanket Surety Bond—(a) Contractor may furnish an acceptable bond, or deposits securities, to guarantee payment for timber from multiple contracts. Contractor shall not start cutting hereunder until this contract receives an allocation that will meet the obligation for payment guarantee.

(b) The amount of such bond or deposited securities shall be allocated to such contracts by the Forest Service. The Contractor will provide the contact information for the Forest Service representative administering the Blanket Surety Bond.

(c) When there is to be no timber cutting hereunder for 30 days or more and payment of current charges has been made, the allocation to this contract shall be reallocated to other contracts at Contractor’s request.

Dutton Hill G-Z Stewardship IRSC Coconino National Forest

(d) A Timber Payment Guarantee for multiple contracts (Blanket Guarantee) shall be provided utilizing FS Form 6500-12a.

(4) Letters of Credit for Payment Bond—Contractor may use letters of credit in lieu of a surety bond for payment bond purposes when approved by Contracting Officer.

18. EXCESS STEWARDSHIP CREDITS

In the event there are excess (unused) established Stewardship Credits when all of the included timber has been cut and removed the Forest Service, at its option, shall either add more timber or make cash payment for the unused credits.

19. EXCESS TIMBER VALUE

In the event the value of the included timber exceeds the total value of all of the mandatory activities plus the ordered Optional activities, the Contractor shall make cash payment for the excess timber value.

20. REFUND OF EXCESS CASH

If at any time the credit balance of the Integrated Resource Statement of Account exceeds the charges for timber removed to date and for timber that the Forest Service estimates will be cut within the next 60 calendar days, any portion of such excess from cash in the account shall be refunded if requested by Contractor. If no cutting is planned within the next 60 calendar days, refund of the entire unencumbered cash balance may be made. After a refund, deposits shall be made to meet the requirements of the clause entitled, “TIMBER PAYMENT GUARANTEE” before additional timber may be cut.

21. FOREST PRODUCT APPRAISAL METHODOLGY

Minimum acceptable offer rates for Timber and Product removal were determined using standard Forest Service appraisal methodologies, specifically the Region 3 regional appraisal system for the Double Springs Treatment Area. The previously determined sale specific cruise volumes and costs centers including Project Acres, Skid Cost, CCF/acre, Cf/tree, Road Maintenance Costs, Slash Costs, Temporary Road Costs and Haul Costs were used to determine rates. For the Dutton and LO Pocket Treatment Areas the contract rates for Timber and Product removal will be determined using the same methodology as Double Springs Treatment Area except for the use of sale specific cruise volumes determined by the acceptance of Items 2d and 3d. The final forest product appraisals will not be shared.

22. TIMBER PRODUCT VOLUME ESTIMATION

Quantities listed in Timber/Product removal schedules are estimates only. Volume quantities are made available with the understanding that values shown are Forest Service estimates and are not guaranteed. Contractors are urged to examine the contract areas and make their own estimates.

23. FINAL PAYMENT - RELEASE OF CLAIMS

The Government shall pay the full amount due the Contractor under this contract after—

(1) Completion and acceptance of all work;

(2) Presentation of a properly executed voucher; and

(3) Presentation of release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release.

Dutton Hill G-Z Stewardship IRSC Coconino National Forest

24. AGAR 452.204-70 MODIFICATION FOR CONTRACT CLOSEOUT (JAN 2025)

Upon contract closeout for contracts utilizing anything other than cost reimbursement:

(a) If unliquidated funds in the amount of $1000 or less remain on the contract, the Contracting Officer (CO) shall issue a unilateral modification for deobligation. The contractor will receive a copy of the modification but will not be required to provide a signature. The CO shall immediately proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(b) Upon contract closeout for contracts utilizing SAP: if unliquidated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and will be required to provide a signature. (The CO may also request a “Contractor Release of Claims” be completed by the contractor, although not required for contracts and orders using SAP.) If the bilateral modification and Release of Claims are not returned to the CO within 60 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

(c) Upon contract closeout for contracts utilizing anything other than cost reimbursement, if unliquidated funds of more than $1000 remain on the contract, the CO shall issue a bilateral modification for deobligation. The contractor will receive a copy of the modification and a “Contractor Release of Claims” and will be required to provide a signature on both forms. If the bilateral modification and Release of Claims are not returned to the CO within 120 days, the CO shall release the modification as unilateral and proceed with contract closeout upon completion of the period of performance, receipt and acceptance of supplies or services, and final payment.

25. POST AWARD CONFERENCE

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at Mormon Lake Work Center, 4373 South Lake Mary Road, Flagstaff, AZ, 86005.

26. PHYSICAL DATA

Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of, or conclusion drawn from the data or information by the Contractor.

(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by visual observation.

(b) Additional informational material made available to contractors including but not limited to: environmental documentation, timber cruise data, maps, access permits, etc.

27. USE OF PREMISES

(a) Before any camp, quarry, borrow pit, storage, detour, or bypass site, other than shown on 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 (i) dispose of solid waste in accordance with applicable Federal, State and local regulations. Such permission, if granted, will be without charge to the Contractor.

The Contractor shall comply with the regulations governing the operation of premises which are occupied and shall perform his contract in such a manner as not to interrupt or interfere with the conduct of Government business.

Dutton Hill G-Z Stewardship IRSC Coconino National Forest

The Contractor shall request permission (in writing) from the appropriate Ranger District to use campsites. If permission is granted, the District Ranger's letter shall specify all conditions and requirements.

It is further stipulated that in addition to clean-up of any camp sites, the Contractor is required to remove all their equipment from National Forest land before final acceptance and payment of the project.

Portable chemical toilets, self-contained holding tanks, approved pit or vault toilets which meet State Code are required.

28. KEY PERSONNEL

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

Overall Project Manager Logging Supervisor Timber Marking Supervisor/R3 Certified Cruiser Heritage Site Supervisor Fuels Treatment Supervisor (for non-commercial activities) Individual Sub-Managers – Individuals supervising individual sub-contracts for work items not covered by personnel noted previously herein.

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment.