1. BRF IRSC_DRAFT.pdf

Bitterroot Front Stewardship IRSC Bitterroot National Forest Solicitation 12363N25R4013 Stevensville & Darby Ranger Districts

DRAFT DOCUMENT – FOR INFORMATIONAL PURPOSES ONLY – NOT OPEN FOR PROPOSALS

Bitterroot Front Stewardship IRSC

The Stevensville and Darby Ranger Districts of the Bitterroot National Foret are pleased to share the draft solicitation documents for the upcoming Bitterroot Front Stewardship Integrated Resource Service Contract.

These materials are being provided for information and review purposes only. This is supplemental information to the Request for Information published on June 11, 2025. This is NOT a Solicitation Announcement, nor is it a Request for Proposal. This request does not obligate the Government in any contract award.

Please note the following important points:

• These documents are drafts and are subject to revision.

• At this stage, no proposals or offers will be accepted.

• Feedback, comments, or questions regarding the draft documents are welcome and may be submitted to Matthew Daigle, Acquisition Program Support Officer at matthew.daigle@usda.gov.

Your input will help ensure that the final solicitation is clear, comprehensive, and aligned with industry best practices. We value your expertise and look forward to your constructive feedback. Thank you for your attention and cooperation.

mailto:matthew.daigle@usda.gov

1. GENERAL INFORMATION:

The Government does not intend to award a contract on the basis of this RFI or otherwise pay for information requested; Responses will be treated as information only and not as a proposal.

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

PROPOSED MANDATORY WORK ACTIVITIES:

Item No.

Description of Proposed Mandatory Work Activities Unit Estimate

Quantity

Contract Area A-Sharrott Salvage

1a Cut and Remove Included Timber

Sharrott Salvage Subdivision: Units: 1, 1A, 1B, 1C, 2, 3, 4, 4A, 6, 8, 9, 10, 11, 12, 13, 15, 17, 21, 22

Ton 7,712

Contract Area B-McCalla Laraon

1b

Cut and Remove Included Timber

McCalla-Larson Subdivision: Units: 1, 2, 3, 4, 5, 6, 7, 8, 9A, 9B, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 24A, 24B, 25, 26, 27, 27A, 28, 28A, 28B, 30, 31, 32, 33, 34, 34A, 35, 36, 37, 37A, 40, 41, 41A, 41B, 42, 43, 43A, 43B, 43C

Ton 25,218*Estimated

2b Reconstruct NFS Roads:

McCalla Larson Subdivision Mile 3.69

(a) 15101 - Mobilization Lump Sum 1

(b) 20209 - Selective Clearing, Type Roadside, Disposal Method (f) Mile 1.12

(c) 20425 – Drainage Excavation, Type II Dip, Tolerance Class A, Compaction Method 3 Mile 2

(d) 21201 – Linear Grading, Compaction Method

(C), Disposal Method (k) Mile 2.57

(e) 30326 - Roadway Reconditioning, Compaction Method 3 Mile 1.12

(f) 60201 - 18-Inch Corrugated Metal Pipe, 16

Gage, Compaction Method (2)

Foot 76

Contract Area C- Fred Burr

1c

Cut and Remove Included Timber

Fred Burr Subdivision: Units: 1A, 1B,1C

Ton 1,982 https://sam.gov/

Item No.

Description of Proposed Mandatory Work Activities Unit Estimate

Quantity

Contract Area D- Square Tin

1d Cut and Remove Included Timber

Square Tin Subdivision: Units: 1, 2, 3, 5, 6, 7, 8, 9A, 9C, 10, 13

Ton 7,924

2d Reconstruct NFS Roads:

Square Tin Subdivision Mile 5.50

(b) 20209 - Selective Clearing, Type Roadside, Disposal Method (f) Mile 3.91

(c) 20425 – Drainage Excavation, Type II Dip, Tolerance Class A, Compaction Method 2 Each 43

(d) 30316 - Roadway Reconditioning, Compaction

Method 2 Mile 7.48

Contract Area E- Spoon McCoy

1e

Cut and Remove Included Timber

Spoon McCoy Subdivision: Units: 18, 20, 21, 21A, 21B, 24, 25, 26, 27, 27A, 27B, 30, 31, 32, 32A, 32B, 32C, 32D, 32E, 33, 34, 35, 35A, 36, 36A, 36B, 37, 38, 40, 43, 44, 44A, 44B, 45,46, 47, 49, 50, 53, 54, 55, 56, 57, 58, 59, 63, 65, 66, 67, 68A, 68B, 69, 69A

Ton 56,089

2e Reconstruct NFS Roads:

Spoon McCoy Subdivision Mile 14.40

(b) 15201 – Drainage Structure Survey and

Staking Each 2

(c) 20209 - Selective Clearing, Type Roadside, Disposal Method (f) Mile 4.56

(d) 20421 – Drainage Excavation, Tolerance

Class F, Compaction Method 3 Each 4

(e) 20425 - Drainage Excavation, Type II Dip, Tolerance Class A, Compaction Method 2 Each 48

(f) 21201 – Linear Grading, Compaction Method C, Disposal Method (k) Mile 0.95

(g) 30316 - Roadway Reconditioning, Compaction Method 2 Mile 14.51

(h) 60201 - 24-inch pipe culvert, CMP, gage 16, Compaction Method 2 Foot 80

Description of Proposed Mandatory Work Activities Unit Estimate

Quantity

Contract Area F- Hart Trap

2f Reconstruct NFS Roads:

Hart Trap Subdivision Mile 45.69

(a) 15101 - Mobilization Lump Sum 1

(b) 15201 – Drainage Structure Survey and Staking Each 10

(c) 15710 – Sediment Trap, 4’ x 4’ x 8’ Each 2

(d) 20101 - Clearing and Grubbing, Disposal Method

(k) Acre 2.0

(e) 20209 - Selective Clearing, Type Roadside, Disposal Method (f) Mile 19.49

(f) 20210 - Special Clearing and Grubbing, Type Roadway, Disposal Method (k), Compaction Method 3

Mile 2.25

(g) 20401 - Roadway Excavation, Compaction Method

2, Tolerance Class J CY 4,327

(h) 20425 - Drainage Excavation, Type II Dip, Tolerance Class A, Compaction Method 2 Each 97

(i) 21201 - Linear Grading, Compaction Placement

Method 3, Disposal Method (k) Mile 1.76

(j) 30316 - Roadway Reconditioning, Compaction

Method 2 Mile 43.34

(k) 60201 - 18-inch Pipe Culvert, CMP, Gage 16, Compaction Method 2 Foot 200

(l) 62501 – Turf Establishment, Dry Method Acre 1.1

PROPOSED OPTIONAL WORK ACTIVITES

Description of Proposed Optional Work Activities Unit Estimated

Quantity

Contract Area C- Fred Burr

3c Flag, Tag, Paint and GPS Boundaries Acre 20

4c Volume Determination Lump Sum 1

7c Cut and Remove Included Timber (Helicopter) Ton 540

Contract Area D- Square Tin

3d Flag, Tag, Paint and GPS Boundaries Acre 542

4d Volume Determination Lump Sum 1

7d Cut and Remove Included Timber (Helicopter) Ton 14,634

Contract Area E- Spoon McCoy

3e Flag, Tag, Paint and GPS Boundaries Acre 694

4e Volume Determination Lump Sum 1

7e Cut and Remove Included Timber (Helicopter) Tons 18,738

Contract Area F- Hart Trap

3f Flag, Tag, Paint and GPS Boundaries Acre 27

4f Volume Determination Lump Sum 1

5f Cut and Remove Included Timber (Ground based) Ton 38,556

6f Cut and Remove Included Timber (Skyline/Tethered) Ton 59,454

7f Cut and Remove Included Timber (Helicopter) Ton 729

Contract Area G-- Bear Creek

3g Flag, Tag, Paint and GPS Boundaries Acre 168

4g Volume Determination Lump Sum 1

7g Cut and Remove Included Timber (Helicopter) Ton 4,536

Contract Area H- Cow Creek

3h Flag, Tag, Paint and GPS Boundaries Acre 175

4h Volume Determination Lump Sum 1

5h Cut and Remove Included Timber (Ground based) Ton 1,188

6h Cut and Remove Included Timber (Skyline/Tethered) Ton 3,618

Contract Area I- Gash Creek

Description of Proposed Optional Work Activities Unit Estimated

Quantity

3i Flag, Tag, Paint and GPS Boundaries Acre 799

4i Volume Determination Lump Sum 1

5i Cut and Remove Included Timber (Ground based) Ton 13,689

6i Cut and Remove Included Timber (Skyline/Tethered) Ton 7,884

Contract Area J- Brooks Creek

3j Flag, Tag, Paint and GPS Boundaries

Acre 557

4j Volume Determination Lump Sum 1

5j Cut and Remove Included Timber (Ground based) Ton 4,185

7j Cut and Remove Included Timber (Helicopter) Ton 10,854

Contract Area K- Smith Creek

3k Flag, Tag, Paint and GPS Boundaries Acre 640

4k Volume Determination Lump Sum 1

5k Cut and Remove Included Timber (Ground based) Ton 11,556

6k Cut and Remove Included Timber (Skyline/Tethered) Ton 5,724

Contract Area L- Rebel Horse

3l Flag, Tag, Paint and GPS Boundaries Acre 999

4l Volume Determination Lump Sum 1

5l Cut and Remove Included Timber (Ground based) Ton 22,869

6l Cut and Remove Included Timber (Skyline/Tethered) Ton 4,104

Contract Area M- Tamarack Creek

3m Flag, Tag, Paint and GPS Boundaries Acre 170

4m Volume Determination Lump Sum 1

5m Cut and Remove Included Timber (Ground based) Ton 3,159

6m Cut and Remove Included Timber (Skyline/Tethered) Ton 351

7m Cut and Remove Included Timber (Helicopter) Ton 1,080

Contract Area N- Rock Lick

3n Flag, Tag, Paint and GPS Boundaries Acre 806

4n Volume Determination Lump Sum 1

5n Cut and Remove Included Timber (Ground based) Ton 8,208

Description of Proposed Optional Work Activities Unit Estimated

Quantity

6n Cut and Remove Included Timber (Skyline/Tethered) Ton 6,534

7n Cut and Remove Included Timber (Helicopter) Ton 9,450

Contract Area O- Bass Creek

3o Flag, Tag, Paint and GPS Boundaries Acre 862

4o Volume Determination Lump Sum 1

5o Cut and Remove Included Timber (Ground based) Ton 19,656

6o Cut and Remove Included Timber (Skyline/Tethered) Ton 3,618

Contract Area P- Moose-Hayes

3p Flag, Tag, Paint and GPS Boundaries Acre 1,898

4p Volume Determination Lump Sum 1

5p Cut and Remove Included Timber (Ground based) Ton 45,522

6p Cut and Remove Included Timber (Skyline/Tethered) Ton 4,914

7p Cut and Remove Included Timber (Helicopter) Ton 810

Contract Area Q- Sweeny Creek

3q Flag, Tag, Paint and GPS Boundaries Acre 298

4q Volume Determination Lump Sum 1

5q Cut and Remove Included Timber (Ground based) Ton 3,375

6q Cut and Remove Included Timber (Skyline/Tethered) Ton 4,671

Item 2- Optional Road Reconstruction

2r Road Reconstruction Remaining

(a) 15101 - Mobilization Lump Sum 6

(b) 15201 - Drainage Structure Survey and Staking Each 34

(c) 15710 - Sediment Trap, 4' x 4' x 8' Each 10

(d) 20101 - Clearing and Grubbing, Disposal Method (k) Mile 0

(e) 20209 - Selective Clearing, Type Roadside, Disposal Method (F) Mile 30

(f) 20210 - Special Clearing and Grubbing, Type

Roadway, Disposal Method (k), Compaction Method 3

Mile 20

(g) 20301 - Removal of Culvert, Disposal Method A Each 5

(h) 21201 - Linear Grading, Compaction Placement Mile 3

PROPOSED OPTIONAL SALVAGE ACTIVITES

Item No. Description of Optional Salvage Work Activities Unit Estimated Quantity

Salvage Prep Work- To be priced as needed

3 Flag, Tag, Paint and GPS Boundaries Acre TBD

4 Volume Determination Lump Sum TBD

5 Cut and Remove Included Timber (Ground based) Ton TBD

6 Cut and Remove Included Timber (Skyline/Tethered) Ton TBD

8 Suppression Repair Mile TBD

TIMBER/PRODUCT REMOVAL PRICE SCHEDULE:

No.

Description of Proposed Optional Work Activities Unit Estimated

Quantity Method 3, Disposal Method (k)

(i) 20425 - Drainage Excavation, Type II Dip, Tolerance Class A, Compaction Method 2 Each 200

(j) 20426 - Drainage Excavation, Type Roadside Ditch Foot 500

(k) 25201 - Rock Butress, Class 5 Riprap CY 100

(l) 30201 - Aggregate Surface Course, Grading G, 4-inch Depth, Compaction Method (a) 1 Cubic Yard 3,200

(m) 30210 - Pit run, Maximum Size 8-Inch, Compaction Method 2 Cubic Yard 500

(n) 30316 - Roadway Reconditioning, Compaction Method 2 Mile 80

(o) 30401 - Full Depth Reclamation, 14-Foot Width, 6- Inch Depth, 3-Inch Minus, Compaction Method 2 Mile 5

(p) 60201 - 18-inch pipe culvert, CMP, gage 16, Compaction Method 2 Foot 1,200

(q) 60202 - 24-inch pipe culvert, CMP, gage 16, Compaction Method 2 Foot 160

(r) 60501 - Standard Underdrain System Foot 200

(s) 61902 - Gate, Pipe Each 10

SPECIES PRODUCT ESTIMATED QUANTITY UNIT OF

MEASURE

Douglas-Fir and Others Sawtimber *87,578 Ton

*1 Remaining (McCalla-Larson) Cruise to begin 10/15/2025

TIMBER SUBJECT TO AGREEMENT PRICE SCHEDULE:

Schedule Notes

A second site visit is scheduled for 10/28/25 to meet with project management and contracting staff, view the project area and discuss the objectives of this contract. The meeting will take place at 9:00 am MT at the Bitterroot National Forest Supervisors Office, 1801 North First St. Hamilton, MT 59801.

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.

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

Ponderosa Pine Sawtimber *10,783 Ton

Combined Softwood Non-saw (topwood) *795 Ton

SPECIES PRODUCT ESTIMATED QUANTITY UNIT OF

MEASURE

Douglas-Fir and Others Sawtimber Unestimated Ton

Combined Softwood Non-saw (topwood) Unestimated Ton

(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.

(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 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 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–

(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 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:

(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 intent of the project is to dramatically increase the pace and scale of forest restoration treatment to mitigate risk of catastrophic wildfire. Work taking place in this project includes:

1. Contractor to complete the layout and cruising of selected project areas.

a. Layout of timber removal units with flagging, tags, painting and GPS Boundaries. Intent is to GPS 100% of boundaries, flagging all boundaries excluding boundaries following system roads, with painting only be required on boundaries such as property lines, RHCA’s, exclusions, or other similar type features. Tagging of boundaries will happen in areas of high visibility and will be identified by Forest Service in advance.

b. Volume Determination. In project areas that are selected / awarded contractors shall complete timber cruises from Forest Service approved cruise plans. Contractor shall design cruise plans, cruise plots and process data. Collected data shall be provided to Forest Service.

2. Forest Service shall put together all final road packages, timber sale appraisals, contract area maps and associated project area specifications.

3. Contractor to complete all required road maintenance, construction, re-construction, and closure / decommissioning after use as needed for product removal.

a. Typical road work tasks may be included: grading, brushing, clearing and grubbing, lineal grading, new road construction, ditch cleaning, culvert cleaning, culvert installations and replacements, drain dip installation, slide removal, slope stabilization, clearing and grubbing, aggregate placement, full depth reclamation, gate installation, berm installations, underdrain systems, water bars, recontouring, scarifying, dust abatement and other similar type activities.

4. Contractor to complete all on the ground timber removal and hauling activities to sawmill, including temporary spur road construction, landing construction, required maintenance and treatments, rehabilitation / clean up activities, noxious weed treatment and all other required work called out in Appendix B and shown on sale area map.

a. Ground Based. Product removal on slopes that will allow tractor removal. Slopes will be up to 35% with limited short runs up to 40%. Skid trail max lengths may be up to 2,500 feet long.

b. Skyline Based. Product removal on slopes or have other design considerations that will require skyline removal. Units have been analyzed for option of tethered logging which will be considered on a case-by-case basis on slopes up to 60 percent at the discretion of the Forest Service.

c. Helicopter Based. Product removal located in area’s that will require helicopter removal.

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

(c) Project Location- Project is located along the western half (west of Hwy 93) of both the Stevensville and Darby/Sula Ranger Districts. The northern boundary of the project is northern boundary of Stevensville Ranger District bordering the Lolo National Forest and the southern boundary of project is West Fork Road south of Darby. The rough northern limit of project is roughly T 11 N, R 20 W, Section 18. The rough southern limit of project is roughly T 2 N, R 21 W, Section 27.

(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 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, E, F, G, and H.

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 30 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 10/15/2036. 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 10/15/2036.

12. POST AWARD CONFERENCE

A post award conference with the successful offeror is required. It will be scheduled within 30 days after the date of contract award. The conference will be held at Bitterroot National Forest Supervisors Office.

13. PREWORK CONFERENCE

Annually, prior to commencement of work, a prework conference will be held to discuss contract terms and work performance requirements. Also at this meeting such things as responsibility under OSHA, and procedures for how undesignated timber that may have to be added to the contract (including danger trees) shall be discussed and documented.

14. 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.

The Contractor agrees to conduct its operations under this contract and other related business activities in compliance with Federal, State, and local statutes, standards, orders, permits and other regulations.

The Contractor shall meet all State and local environmental quality laws applicable to National Forest system lands.

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.

Work may be done any time during the term of the contract, except under the following conditions:

Restriction Description Designation Method on CAM Timeframe

Normal Operating Season N/A June 15 through October 15

Restriction Description Designation Method on CAM Timeframe

Engineering Completion of road reconstruction in the McCalla Larson Contract Area no later than 9/30/2025

Engineering N/A Completion of all exercised road reconstruction no later than 10/15/2029

Erosion Control N/A Seed application shall be completed during the period May 1 to June 15, and/or September 1 to October 15 annually. Refer to Appendix B C6.601.

Fire Precautionary Period N/A May 1 through September 30 annually

Recreation N/A TBD-Temporary closures during periods of high public use within portions of the contract area

Timber N/A

To accomplish special salvage objectives of this contract, Included Timber in Cutting Sharrott Salvage, Units: ALL, and McCalla-Larson, Units:

27a,32,33,34,34a,36,37a,40,41,41a,41b,42 shall be cut and removed from Contract Area by 12/31/2026 unless waived in writing by Forest Service.

Weeds N/A Completion of noxious weed treatments along roads or road segments utilized by the contractor between May 15 and October 31 annually. Refer to Appendix B C6.27

Wildlife

Harvesting and road construction activities shall not occur within ½ mile of any active golden, bald eagle and peregrine falcon nest, from February 1 through August 15.

Or if the Wildlife biologist says that the nest is unoccupied during assessment during that time.

Wildlife B In order to protect Wolverine denning habitat, no activity is to occur from January 1st to May 15th.

Wildlife C

March 31 through December 1 Annually. Food and Garbage associated with project activities must be stored in a vehicle or other bear proof container per Bitterroot National Forest (BRF) Food Storage Order.

15. USE AGREEMENTS BETWEEN FOREST SERVICE AND OWNER

Contractor is authorized to use Cell Tower Road subject to the terms and conditions of a Temporary Road Use Permit between the Forest Service and Allen LaRue. A copy of said Permit is available for review in the office of the District Ranger, Darby, MT and the Forest Supervisor Hamilton, MT.

16. 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 for Mandatory Work and upon award of optional items

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

At prework meetings

Subcontractors: List of proposed sub-contractors 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 meetings

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

Soil Erosion and Water Pollution Control Plan. The Contractor shall prepare and submit an Erosion Control Plan detailing permanent and temporary control measures to minimize erosion and sedimentation during and after contract performance. Plan shall conform to all contract requirements and the requirements in the Appendices.

At prework meetings

Designation of Contractor personnel describing responsibilities and authorities At prework meeting

Annual Operating Plan. Contractor shall submit an annual plan listing units, roads and other information required in Appendix B.

Beginning of every operating season annually Fire Control Plan. Contractor shall submit plan in accordance with requirements in Appendix B.

At prework meetings

Aggregate Gradation and Quality. Test results certifying material meet specifications.

Shall be turned in to COR a minimum of 7 days before placement for review and approval. Before Placement

Culvert Certifications. Certification of gauge. Shall be turned into COR a minimum of 7 days before placement for review and approval. Before Installation

Weed Free Material Source. As applicable for reconstruction materials. Shall be turned in to COR a minimum of 7 days before placement for review and approval. Before placement

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.

17. 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 for funded work items will be net 14 days.

18. STEWARDSHIP CREDITS

Stewardship Credits are credits that are earned and established when work listed in the Schedule of Supplies/ Services 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.

19. 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.

20. 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.

(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.

21. 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.

22. 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.

23. 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.

24. FOREST PRODUCT APPRAISAL METHODOLGY

Minimum acceptable offer rates for Timber and Product removal were determined using standard Forest Service appraisal methodologies for each individual logging system.

25. 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.

26. 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.

27. 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.

28. 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.

29. 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.