140L0624Q0028_Terms_and_Conditions_Revision_No__1_0001.pdf

Solicitation No. 140L0624Q0028

Amendment No. 1—Revision No. 1

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

STEWARDSHIP CONTRACT: The Bureau of Land Management intends to enter into this FY24 Upper Slip Road contracting project to perform services to achieve land management goals for public lands that meet local and rural community needs.

This is for a Firm Fixed Price Commercial Items Stewardship Services Contract for commercial thinning (CT), timber stand improvement (TSI), and meadow restoration 22 miles NW of Kaycee, WY.

The services and commercial product removal are shown in two (2) price schedules. Schedule A identifies the services the Contractor shall perform and the unit price of payment. Schedule B identifies the forest product volume for removal by the contractor that reflect the unit price that will be credited to the Government for ownership and commercial use of the product by the Contractor.

FOREST IMPROVEMENT SERVICE WORK FOR BID:

SCHEDULE A: LINE ITEM 001-003C Forest Health Improvement SERVICES/SUPPLIES

Line Item SERVICES Quantity Unit of

Measure

Unit

Price

Amount

001 Road Work 12 Hours $

002 Understory and Slash Removal

002A Unit 3: Cut, Pile, Masticate 52 Acres $

002B Unit 4: Cut, Pile, Masticate 28 Acres $

002C Unit 9: Cut and Pile 10 Acres $

002D Unit 2: Understory Thinning

• Mulch to a 20 foot spacing

Acres

002E Unit 5, 6, 7: Clearcut

• Mulch everything under 6 inch DBH

Acres

002F Unit 8: Meadow

• Mulch everything under 6 inch DBH

Acres

Total $

SCHEDULE B – COMMERCIAL VOLUME REMOVAL

LINE ITEM 004 - Forest Health Improvement PRODUCTS

NET TOTAL (Schedule A minus Schedule B) $

(ALL OR NONE)

Period of Performance: See Section F.

Line

Item

PRODUCTS

Units Unit of

Measure

Minimum

Acceptable

Offer

Contractor’s

Offer

Commercial Thinning (CT)

004 Sawlogs/POL/Fuelwood mixed species 7000 Tons $7000 $

Total $

B.1 SITE VISIT DATE AND PRE-PROPOSAL INFORMATION

A site visit has been scheduled for: August 20, 2024 at 10:00am (Mountain time)

Participants are to meet on Slip road near the project area. Directions from Kaycee, WY are to head

West from town on HWY 191 for 14 miles where you turn left on Slip road. Travel 6.5 miles on slip road before you arrive at the project area on your right. Participants should arrive in a 4x4 pickup and expect graveled mountain roads with several switchbacks on the way to the project. Participants should expect to walk up to 2 miles to see all aspects of the project.

Potential bidders are to provide their own transportation at no cost to the Government. The Government assumes no liability on behalf of bidders attending the site visit. Bidders planning to attend the site visit tour shall contact Jordan Friedrich at (307) 285 - 8880 or via email at jfriedrich@blm.gov at least 48 hours before the scheduled site visit and advise him of the firms’ name and number of persons that will attend.

B.2 Explanation of potential outcomes depending on bid prices for the service work and forest products under stewardship contracting. In order to address all possible scenarios that could be involved in this

Stewardship Contracting Action The following explanation is provided:

In stewardship contracts, the contractor has the additional option of utilizing earned conservation credits in lieu of an advance payment or a payment bond.

The scenarios described below are separated into three main categories, based on the specific stewardship contract situation. They are:

1. Stewardship Contracts where the Service Cost is greater than Product Value

2. Stewardship Contracts where the Product Value is greater than the Service Cost

3. Stewardship Contracts where Product Value and Service Cost are equal

B.2.1 Stewardship Contracts where the Service Cost is greater than Product Value

The end result of this stewardship contracting category is a payment by the BLM to the contractor that should total the difference of the Service Cost minus the Product Value. Stewardship contracting provisions allow for the harvesting of the forest product (the Product Value portion of the contract) prior to the performance of the service work. BLM regulations require that prior to the cutting and removal of forest products, a contractor who has not yet earned conservation credits must either pay the BLM the value of this wood or provide some form of payment bond.

a. Contractor harvests products prior to performing service work

The contractor submits a cash payment(s) for the value of the forest products to the BLM prior to the cutting/removal of the forest product.

Once the contractor performs service work that exceeds the value of the product removed, the payments deposited earlier should be refunded back to the contractor via CBS.

The contractor has the option of utilizing a payment bond in lieu of a cash payment prior to the cutting or removal of any forest products. The contractor has the option of providing a cash payment bond.

Conservation credits, once earned, could also be used to satisfy any remaining payment bond balance. Once cash payment bonds are no longer needed, they can be refunded to the contractor.

b. Contractor performs service work prior to harvesting products

The contractor will earn conservation credits at the rate and value specified in the contract. The contractor is permitted to cut/remove forest products up to the value of the earned conservation credits without any advance payment or form of security.

B.2.2 Stewardship Contracts where the Product Value is greater than Service Cost

The end result of this stewardship contracting category is a payment by the contractor to the BLM that should total the difference of the Product Value minus the Service Cost.

a. Contractor harvests products prior to performing service work

If the contractor continues to harvest products above the threshold and prior to performing the service work in the contract, payments similar to the discussion in (2.1, a) above, must be provided by the contractor.

As the contractor performs service work and earns conservation credits, the value of those credits earned can be used to offset any product value payments until all service work is completed. Once this service work is completed and accepted by the BLM, refunds of this overpayment (the amount over the threshold) can be processed.

The contractor has the option of utilizing a payment bond in lieu of a cash payment prior to the cutting or removal of any forest products.

Conservation credits, once earned, could also be used to satisfy any remaining payment bond balance. Once cash payment bonds are no longer needed, they can be refunded to the contractor.

b. Contractor performs service work prior to harvesting products

The contractor will earn conservation credits at the rate and value specified in the contract. The contractor is permitted to cut/remove forest products up to the value of the earned conservation credits. No payments to the BLM will be necessary until the value of the forest products cut/removed exceeds the earned conservation credits.

B.2.3 Stewardship Contracts where there is equal Product Value and Service Cost

While the end result of this stewardship contracting category is no final payments by the contractor or the BLM, as the contract progresses there may be some Finance entries.

a. Contractor harvests products prior to performing service work

The discussion in section 2.1, a, is applicable here.

The contractor has the option of utilizing a payment bond in lieu of a cash payment prior to the cutting or removal of any forest products.

Conservation credits, once earned, could also be used to satisfy any remaining payment bond balance. Once cash payment bonds are no longer needed, they can be refunded to the contractor.

b. Contractor performs service work prior to harvesting products

The contractor will earn conservation credits at the rate and value specified in the contract. The contractor is permitted to cut/remove forest products up to the value of the earned conservation credits. No payments to the BLM will be necessary until the value of the forest products cut/removed exceeds the earned conservation credits.

The discussion in section 2.1, a, is applicable here.

(End of Section B)

SECTION C – PERFORMANCE WORK STATEMENT

C.1 GENERAL

C.1.1 FY24 Upper Slip Road Stewardship project is designed to promote forest health, create edge habitat for wildlife, and reduce hazardous fuels. This project targets cutting Douglas Fir to decrease the activity of

Western Spruce Budworm in the area. Contract work will be performed over the course of 36 months.

C.1.2 Location/Access - The project areas are located within the Buffalo Field Office administrative boundaries of BLM, Wyoming State Office. Attached vicinity maps and project maps (See Section J) show specific locations. Project area(s) are normally accessible by a standard pickup on two track roads June - October. November – May expect snow accumulation and difficult access.

C.1.3 Technical Proposal and Quality Control Plan – The Contractor shall develop and submit a Treatment

Plan and Schedule to accomplish the project objectives and organize and direct all the equipment and personnel needed to fully accomplish the work. The contractor shall furnish all technical expertise, labor, equipment, supervision, transportation, operating supplies, and incidentals necessary to complete the work required. The Treatment Plan and Schedule will be agreed upon by both parties and incorporated into the contract. All changes to the Treatment Plan will be agreed to prior to the changes taking effect. These plans are not intended to evaluate the contractor’s technical writing skills but are to inform the selection committee of the contractor’s resources to complete the required work.

C.1.3.1 The contractor shall be required to:

i Provide a treatment plan and schedule (Technical Proposal) that includes:

a. Product Removal – felling, skidding and decking of forest products, hauling operations, and equipment involved.

b. Procurement plan and list of destinations to accommodate the purchase of material.

c. Temporary Road construction/rehabilitation – blading and brush clearing specifications, location, and equipment involved.

d. Understory Removal and Mulching – equipment and techniques used to meet specifications.

e. Workforce - The workforce that will complete the required work including the project supervisor.

f. Schedule for completion of objectives.

g. Safety Plan to include traffic control and identification of hazards.

ii Provide a Quality Control plan that includes the contractors inspection procedures to ensure project objectives are being met

C.1.4 Security of materials – The Contractor may leave their equipment at the work site. However, the

Contractor shall be responsible for the equipment if it should be lost, stolen, or damaged.

C.1.5 Boundaries -. Harvest Unit Boundaries (Exhibit A – Unit Map) are designated ORANGE paint and

“BOUNDARY OF TIMBER RESERVE” posters facing into the harvest unit.

• BLM surface boundaries are marked with Carsonite Boundary Markers just beyond the above markings.

C.1.6 Fire Precautions - See Section H.2.0

C.1.7 Unique Features of Project Area - See Section J.

C.1 DEFINITIONS

C.1.0 Bearing Tree – a tree used as a reference monument to locate a property corner.

C.1.1 Brush - vegetation consisting of shrub species with single or multi-stems originating at or near ground level.

C.1.2 DBH – diameter of the tree at breast height, measured at a point 4 ½ feet above the ground from the uphill side of the tree.

C.1.3 Hazardous trees - standing live or dead trees, with evidence of insect infestation, deterioration, or physical damage to the root system, trunk, or stem. The degree and direction of lean is also an important factor when determining if a tree is a hazard.

C.1.4 Large woody debris - dead and down pieces of wood.

C.1.5 Leave Tree or Reserve Tree – trees specified to be left in accordance with Section C. Additional leave trees may be specified on project maps.

C.1.6 Merchantable Material: All woody debris greater than or equal to 4 inches small end diameter and at least 10 feet long

C.1.7 Slash – any non-merchantable material which has been cut by the Contractor and will not be hauled to a utilization center, as well as all broken tops, limbs, damaged reproduction, saplings, poles which were caused as a result of felling and yarding operations.

C.1.8 Timber - standing trees which are capable of being measured in board feet and cubic feet.

C.1.9 Yarding – the conveyance of logs or trees or portions thereof, by ground based, cable, balloon, or helicopter yarding systems from the area of falling or cutting to the landing or loading point for removal.

C.1.10 Timber/vegetative sales contract and/or notice - the agency-specific authorized contract instrument for the sale, barter, exchange, billing or other compensation for the payment, removal, and/or transportation of woody biomass material.

C.1.11 Contracting Officer - the Bureau of Land Management official who would have authority to execute this contract and delegate authority to take action in connection with this contract.

C.1.12 Contracting Officer Representative (COR) – the Bureau of Land Management official that will ensure the contractors meet the commitment of their contract.

C.2 CONTRACTOR FURNISHED ITEMS

The Contractor shall furnish all personnel, labor, supervision, equipment with qualified operators, transportation, supplies (other than Government furnished property), and incidentals required to finish the project.

C.3.0 Crew Requirements

State Safety regulations require that crew members shall not work alone and that accessibility to emergency transportation is to be provided by the Contractor at all times.

i. Also see Fire Danger Season H.2.0 for more crew requirements

C.3.1 Supervisor Requirements

The project supervisor(s) shall be named in writing at the pre-work conference. Designate one English-speaking supervisor for each crew. This person shall be capable of speaking and reading English well enough to ensure good communications with the Project Inspector. Any group of people without such an individual will not be considered a crew. One supervisor shall supervise no more than a maximum of 12 crew members at any one time. Any changes in supervisory designations must be submitted in writing to the COR at least 24 hours prior to the change taking effect.

C.3.2 Equipment and Materials

The Contractor shall provide traffic control signs to provide for the safety of the public along existing roadways in the project area. (See Section H.16 Safety)

The Contractor shall provide any labor and materials to meet or exceed Wyoming Best Management

Practices (BMP’s).

The Contractor shall provide native grass seed for use in erosion control. See Section C.5.3.3

Prior to the termination of this contract, the contractor shall submit to the COR a “Log Scale and

Disposition of Timber Removed Report” (Form 5460-15) which shall be executed by the Contractor.

In addition, the Contractor is required under the terms of this contract to retain for a three-year period from the date of termination of the contract the records of all sales or transfer of logs involving wood products from the sale for inspection and use of the Government.

C.3.3 Equipment

Equipment will be described in the Technical Proposal and will be approved by the COR.

C.4 GOVERNMENT – FURNISHED INFORMATION

C.4.0 Project maps showing features; i.e. boundaries, reserve areas, unique features, and unit payment acreage based on horizontal distance.

C.5 SPECIFIC TASKS

C.5.1 Schedule A, Service Work

C.5.1.1 001 – Road Work

i. See Exhibit A – Road Maintenance maps

ii. Road Repair and Maintenance (Exhibit A Road Maintenance map)

• Contractor must coordinate/communicate with Johnson County Road and Bridge to discuss road maintenance expectations

• Johnson County Road and Bridge will determine the amount or need of road maintenance required

iii. If the Contractor chooses to winter log, all plowing and snow removal must be coordinated with Johnson County Road and Bridge.

iv. All roads must remain open to traffic year-round. Slip Road has no winter maintenance but needs to remain open for tracked vehicles in the winter (Tracked UTVs, ATVs, and snowmobiles etc.)

v. Active operations should be conducted when ground is frozen, firm, or dry. No trucking operations during spring break-up (usually in May), and contractor must also follow all county restrictions enroute to any destination during thaw/breakup. Any damage to county roads is the sole responsibility of contractor.

vi. USFS, WYSF, State or county permits for hauling logs or heavy equipment is the sole responsibility of contractor. The Contractor is responsible for any delays in contract performance due to access into the contract area.

C.5.1.2 Item 002 – Understory Removal and Slash Guidelines

i. Slash Guidelines (Common to all 002 items and slash generated from processing merchantable trees)

a. Pile all non-merchantable severed material and slash generated from processing. Slash shall be piled to a minimum of 20 feet by 20 feet x 10 feet high or as large as the site can accommodate.

b. Slash piles shall be tight and free of dirt and located a minimum of 50 feet from any leave tree.

c. Slash piles shall not block any existing two track road.

d. All material less than 4” small end diameter shall be piled.

e. Material larger than 4 inches may be piled if it is dead or if a 10 foot log cannot be created with a section of the bole

f. All stumps shall be severed and left in the ground. Stumps are not allowed in slash piles.

ii. Mulching Guidelines (Common to all 003 items)

a. Mechanically grind all slash and brush designated for cutting. No live limbs shall be left on the stump of any ground stem.

b. Size specifications for mulched material:

• 25% of material will be less than 6 inches long

• 40% of material will be less than 1 foot long

• 30% of material will be 1 foot – 3 feet long

• 5% of material will be longer than 3 feet

c. Mulch height must be a maximum of 3 inches and spread out evenly across the ground.

d. Sage Brush shall not be masticated/mulched.

iii. 002A – 002B: Unit 3 and 4

a. Masticate all trees less than 4” DBH

• Refer to mulching guidelines above

b. Sever all trees 4”– 5.9” DBH

c. Refer to slash guidance and utilization standards for severed material

iv. 002C: Unit 9

a. Leave trees will be flagged or painted

b. Leave snags larger than 20” DBH

c. Sever all other trees over 12” height

d. Refer to slash guidance and utilization standards for severed material

v. 002D: Unit 2

a. Much of the understory in Unit 2 is dead or dying due to Western Spruce Budworm, but there are patches of live healthy conifer regeneration

b. Where healthy live trees less than 6 inch diameter exist

• Mulch all non-merchantable live and dead trees less than 6 inch diameter on a 20 foot by 20 foot spacing

• When selecting leave trees, the healthiest and best formed trees shall be retained.

Characteristics for leave trees include the following:

▪ No top kill present

▪ No apparent damage to the main bole;

▪ Main bole is straight and keeps a single stem throughout entire tree (no split tops)

▪ Demonstrates good vigor and is disease/bug free; not chlorotic;

▪ Has at least 40% crown ratio;

c. All merchantable material must follow utilizations standards (see section C.5.2)

vi. 002E: Unit 5, 6, 7 – Clearcut

a. Mulch all non-merchantable trees less than 6” DBH

b. All merchantable material must follow utilizations standards (see section C.5.2)

vii. 002F: Unit 8 – Meadow

a. Mulch all non-merchantable trees less than 6” DBH

b. All merchantable material must follow utilizations standards (see section C.5.2)

C.5.2 Schedule B Commercial Product Removal – Item 002A Sawlogs/Products Other than Logs

(POL)

C.5.2.1 Item 004: Sawlogs/POL Mixed Species

i. Utilization Standards (all species): merchantable material must be hauled off site by end of

Period of Performance

a. Minimum log length of 10 feet with a small end/top diameter of 4 inches

b. All limbs will be removed and piled as slash

C.5.2.2 Unit Prescriptions

i. Specifications required for all units:

a. When selecting leave trees, the healthiest and best formed trees shall be retained.

Characteristics for leave trees include the following:

• Dominant or co-dominant trees

• No top kill

• No apparent damage to the main bole;

• Main bole is straight and keeps a single stem throughout entire tree (no split tops)

• Demonstrates good vigor and is disease/bug free; not chlorotic;

• Has at least 40% crown ratio;

b. Cut all standing dead trees less than 20 inch DBH

c. All trees designated for cutting shall be cut so that the resulting stump height does not exceed 6” measured on the uphill side.

d. All stumps shall be severed and left in the ground. Stumps are not allowed in slash piles.

e. Follow all mulching, slash, utilization guidelines

f. Trees painted in orange or flagged shall not be cut

ii. Unit 1 – Thinning

a. Northern Goshawk Timing Restrictions: Unit 1 is near a cluster of Northern Goshawk nests so heavy equipment shall not enter Unit 1 from April 1st – August 15th every year.

b. Cut all live trees greater than 6 inch DBH on a 25-foot bole spacing (25’x25’).

iii. Unit 2 – Thinning

a. Cut all live trees between 6-inch DBH and 22 inch DBH on a 25 foot bole spacing.

iv. Unit 3 and 4 - Thinning

a. Cut all live trees greater than 6-inch DBH on a 15 foot bole spacing.

b. Contractor shall leave a variety of tree diameters and heights creating a diverse uneven aged stand upon completion.

• Contract administrator will ensure this specification is met by frequent inspection and a detailed pre work meeting.

c. Follow all slash and utilization guidelines

v. Unit 5, 6, and 7 – Mulching and Clearcut

a. Cut all trees less than 20 inch DBH

b. Follow all mulching, slash, and utilization guidelines

vi. Unit 8 – Meadow Restoration

a. Mulch all trees less than 6” DBH

b. All trees greater than 6” DBH and less than 20” DBH will be severed and will follow utilization standards and slash guidelines

vii. Unit 9 – Fuel Break

a. Trees 6 inch DBH and under will be severed and piled

b. Trees greater than 6 inch DBH that are not marked in flagging or paint will be severed and will follow utilization standards and slash guidelines

C.5.3 Technical Requirements

C.5.3.1 Cutting and Yarding Requirements

i. No operations will be allowed when ground is not dry or frozen

ii. If the COR observes proper tree spacing and leave tree characteristics routinely not being followed, the contractor shall paint cut trees and get written approval from the COR prior to cutting at no cost to the government.

iii. Dead Trees/Snags will be left standing if they are greater than 20 inch DBH

iv. All operations shall be conducted in such a way as to avoid damaging reserved merchantable trees. Reserved merchantable trees with 144 square inches of damage will be cut and yarded by the contractor

a. Removed damaged trees will count against prescription spacing.

v. Harvesting and yarding (skidding) will be limited to periods when soil conditions are dry or frozen

vi. Yarding within all harvest units shall be done with tractors, rubber-tired skidders, or other logging system approved by the COR

vii. A large avoidance area occurs in the middle of Unit 8. This area is double flagged in red and yellow and no equipment will be allowed within this area

C.5.3.2 Temporary Roads

i. Suggested temporary roads can be seen on the Unit Map.

ii. Temporary Road Construction does not need to follow suggested route, but the contractor must provide a detailed Technical Proposal, including temporary road plans, and get approval and signature from COR before work begins.

iii. Temporary roads that go through existing fence shall have gates installed and these gates must only be opened to drive through and then immediately closed again.

iv. Temporary roads will be reclaimed following Wyoming BMP’s before completion of contract.

C.5.3.3 Log Landing and Skid Trails

i. Landing shall have all residual brush piled and the landing/skid trails will be scarified and seeded upon completion of the contract.

ii. Any temporary skidder trails or jump spurs constructed on BLM surface must be to WY State

Forestry BMP’s, fully abandoned to WY State Forestry BMP’s.

iii. Minimum spacing of skid trails is 100 feet, unless a reduced spacing is approved by the COR.

iv. Priority shall be given to existing skid trails.

v. The Contractor shall scarify or rip and furnish and apply grass seed to all skid trails/landing areas where soil disturbance occurs, and as directed by the COR. Grass seed shall be applied immediately upon completion and approval of final inspection. The Contractor shall apply the seed uniformly on the designated areas at a rate of 20 pounds per acre. Seed which has become wet or moldy or otherwise damaged will not be accepted.

vi. All seed used shall meet all requirements of the

Federal Seed Act (7

U.S.C., Section 551- 1610) and the seed laws and noxious weed laws of Wyoming. Evidence of the seed certification shall be furnished at the request of the COR.

Species Pounds per Acre

Slender Wheat Grass 8

Green needlegrass 4

Mountain Bromegrass 4

Idaho Fescue 3

Western Yarrow 1

Total 20

C.5.4 Hauling of Merchantable Material

C.5.4.1 This is a lump sum sale where material does not need to weighed by a state certified scale.

However, prior to the termination of this contract, the contractor shall submit to the COR a “Log

Scale and Disposition of Timber Removed Report” (Form 5460-15) which shall be executed by the Contractor. In addition, the Contractor is required under the terms of this contract to retain for a three-year period from the date of termination of the contract the records of all sales or transfer of logs involving wood products from the sale for inspection and use of the Government.

C.5.4.2 Each truck load of merchantable material shall have the last three digits of the contract number and

“BLM” painted conspicuously on the rear of the loaded logs, so in such manner as can be viewed from another vehicle at highway speed. No load may leave BLM administered lands without being painted as described above.

C.5.4.3 Contractor vehicles shall stop when requested by the Government to verify products in transit.

C.5.5 Camping and Worksite Conditions

C.5.5.1 The contractor or their employees, upon documented permission from the COR, may establish temporary work camps on public lands administered by the Bureau of Land Management. Work

Camps must not be within 200 yards of Gardner Mountain Trailhead or trail and location will be approved by the COR. Camps shall be kept tidy and free of refuse. These camps may consist of mobile trailers, pickup campers, tent trailers, or tents. If camping in other than self-contained trailers and or campers, the camp must also have a regularly serviced “porta-pottie” on site for each 3 employees camping. All food needs to be stored in bear proof containers to avoid conflicts that could arise with improper food storage. The contractor shall be required to rehabilitate the camping area to the satisfaction of the COR. Camps are subject to all fire restrictions placed by state, county or federal authorities.

C.5.6 Log Export Restriction

C.5.6.1 All commercial product to be removed by the Contractor under the terms of this contract is restricted from export from the United States in the form of unprocessed commercial product and is prohibited from being used as a substitute for exported private commercial product. For the purpose of this contract, unprocessed commercial product is defined as (1) any logs except those of utility grade or below, such as sawlogs, peeler logs, and pulp logs; (2) cants or squares to be subsequently remanufactured exceeding eight and three-quarters (8-3/4) inches in thickness; (3) split or round bolts or other roundwood not processed to standards and specifications suitable for end-product uses; or (4) western redcedar lumber which does not meet lumber of American

Lumber Standards Grades of Number 3 dimension or better, or Pacific Lumber Inspection Bureau

R-List Grades of Number 3 Common or better. Thus, commercial product manufactured into the following will be considered processed: (1) lumber and construction commercial volume, regardless of size, manufactured to standards and specifications suitable for end product uses; (2) chips, pulp and pulp products; (3) green or dry veneer and plywood; (4) poles and piling cut or treated for use as such; (5) cants, squares, and lumber cut for remanufacturing of eight and three-quarters (8-3/4) inches in thickness or less; (6) shakes and shingles. The Contractor shall maintain and upon request to furnish the following information:

a. Date of last export sale.

b. Volume of commercial product contained in last export sale

c. Volume of commercial product exported in the past twelve (12) months from the date of last export sale.

d. Volume of Federal commercial product purchased and/or removed in the past twelve (12) months from date of last export sale.

e. Volume of commercial product exported in the succeeding twelve (12) months from date of last export sale.

f. Volume of Federal commercial product commercial product purchased and/or removed in the succeeding twelve (12) months from date of last export sale.

C.5.6.2 In the event the Contractor elects to sell any or all of the commercial volume to be removed under this contract in the form of unprocessed commercial product, the Contractor shall require each party buying, exchanging, or receiving such commercial volume to execute a "Certificate as to

Nonsubstitution and Domestic Processing of Timber." The original of such certification shall be filed with the COR. Additionally, when the other party is an affiliate of the Contractor, the

Contractor will be required to update information under item (2) of Form 5450-17 (Export

Determination) and file the form with the COR.

C.5.6.3 In the event an affiliate of the Contractor has exported private commercial volume within twelve

(12) months prior to purchasing or otherwise acquiring Federal commercial volume to be removed under this contract, the Contractor shall, upon request, obtain from the affiliate information in the form specified by the COR and furnish the information to the COR.

C.5.6.4 Prior to the closing of this contract, the Contractor shall submit to the COR a completed Form

5460-15 (Log Scale and Disposition of Timber Removed Report). In addition, the Contractor shall retain for a three-year period from the date of closing of the contract the records of all sales or transfer of logs involving commercial volume removed from the contract area for inspection and use of the Bureau of Land Management.

PASSAGE OF TITLE AND RISK OF LOSS

Inspection of Commercial Volume and Disclaimer of Warranty

a. The Contractor warrants that this contract is accepted and executed on the basis of its examination and inspection of the commercial volume material to be removed under this contract and its opinion of the value thereof.

b. Government expressly disclaims any warranty of fitness of the commercial volume for any purpose; all commercial volume to be removed hereunder is accepted as is without any warranty of merchantability by Government. Any warranty as to the quantity or quality of the commercial volume be removed hereunder is expressly disclaimed by the Government. Refund to or recovery by the Contractor for failure of passage of title to any commercial volume to be removed hereunder shall not exceed the value of such commercial volume computed at prices per unit for species involved as set forth in Schedule B.

Passage of Title and Risk of Loss

Title to commercial volume to be removed under this contract shall remain in Government and shall not pass to the Contractor until such commercial volume has an equal value earned in the form of Stewardship Credits and removed from the contract area. Unless cut commercial volume is to be removed under this contract risk of loss shall be borne by the Contractor after the commercial volume is cut; Provided, however, that if loss results from a fire which was not caused by the Contractor, its subcontractors, or the employees of any of them, the risk of loss shall be borne by the party holding title. If cut commercial volume is to be removed under this contract, risk of loss shall be borne by the party holding title. Risk of loss to Government shall not exceed the value of such commercial volume computed at the prices per unit for the species involved as set forth in Schedule B. Nothing herein shall be construed to relieve either party from liability for any breach of contract or any wrongful or negligent act. As used in this section, the term cut commercial volume refers only to commercial volume which has been felled, bucked, or otherwise severed by direct human activity prior to the date this contract was entered into.

C.5.7 Resource Protection

C.5.7.1 The Contractor shall, prior to initial move-in to the contract area, pressure wash all equipment used in the contract area or on BLM property under this contract. This wash requirement excludes contractor pickups and transport vehicles, low boy trucks delivering equipment, dump trucks and others delivering rock or materials to the contract area. This wash shall remove all soil material that may contain weed seeds from the equipment. Contractor shall notify the COR three (3) days prior to inspection, which will then inspect said equipment prior to entering sale area. If equipment is being used on adjacent private ground, it can be inspected by the BLM before going to the private sale and can be moved onto BLM ground without being removed and re power washed.

C.5.7.2 Any equipment which develops leaks of lubricants or fuels shall be removed immediately from the work area. Fuel equipment 150 feet from any stream channel, or as far away as is practically possible as determined by the Contracting Officer.

C.5.7.3 The Contractor, his employees, and any contractor or subcontractor and their employees, are hereby prohibited from hunting, scouting for game, carrying firearms, archery equipment, or transporting game while within the Project Area, and in road closure areas while performing the operations permitted under this contract.

C.6.0 CONSTRAINTS

Listed below are constraints associated with this stewardship project. These items can be reviewed at the BLM Buffalo Field Office or on the web at http://beta.sam.gov

BLM Buffalo Field Office 1425 Fort St.

Buffalo, WY 82834

Telephone : 307 – 684 - 1100

Hours: 8:00 a.m. - 4:30 p.m. Mountain Time

Environmental Assessment: Billy Creek Timber Sales DOI-BLM-WY-P070-2020-0096-EA

C.7.0 PERIOD OF PERFORMANCE

See Section F.

(End of Section C)

SECTION D – PACKAGING AND MARKING

Not Used

SECTION E – INSPECTION AND ACCEPTANCE

E.1.0 INSPECTION

E.1.1 The Contractor shall provide quality control to assure that work complies with requirements of contract specifications.

E.1.2 Contract Administrator or BLM staff will conduct audits of meeting prescription throughout timber sale contract, poor performance or not meeting prescription could result in contract cancellation and/or retention of performance bond.

E.2.0 PAYMENT – The value of the commercial fiber will offset some or all of the value of the service work to be performed. If payment is to be made to the contractor for work performed, the payment will be made in accordance with FAR clause 52.212-4.

E.3.0 STEWARDSHIP CREDITS

Stewardship Credits (SC) are credits that are earned for Schedule A tasks that have been performed and accepted but not paid to the Contractor. The credits are applied to Schedule B forest products volume value as product is removed

E.4.0 ESTABLISHMENT OF STEWARDSHIP CREDITS

SC 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. SC will not be established for work that is in progress that has not been accepted by the Government.

http://beta.sam.gov/

E.5.0 EXCESS COMMERCIAL VALUE

After award, if the Contractor obtains approval from the Contracting Officer or their designated representative to perform the forest products Removal (Section B, Schedule B) in advance of the

Service Work (Section B, Schedule A), a one hundred percent (100%) payment of the forest products

Volume value (Section B, Schedule B) intended to be removed shall be submitted to the Contracting

Officer or their designated representative prior to commencing removal. The Contractor must have payment coverage for all product removal in advance of the service work. The removal work shall not exceed the payment value submitted. The payment may be in the form of (1) a bond of a corporate surety shown on the approved list issued by the United States Treasury Department and executed on an approved standard form; (2) personal surety bond, executed on an approved standard for if the COR determines the principals and bondsmen are capable of carrying out the terms of the contract; (3) cash payment for future refund; (4) negotiable securities of the United States; or (5) any guaranteed remittance approved by the COR. The payment will be retained until service work equal to the value of the products removed has been completed and accepted.

If at completion of the contract, the value of the included commercial volume (Section B, Schedule B) exceeds the total value of the service work (Section B, Schedule A) for which the contractor has completed services and no payment is available for the net revenue, the contractor shall be assessed a contract debt and make payment for the excess commercial volume value. A modification will be issued to reflect the net payment due to the Government and instruct the Contractor on how to make payment to the BLM Collections and Billing System (CBS).

E.7.0 INVOICING

The Contractor shall provide a certified invoice to the Government for each portion of work for which credit/payment will be given. In addition to the contract number, contractor name, address, invoice number and invoice date, each invoice shall clearly identify the specific work being invoiced, the line item under which the work was required and performed, amount invoiced under each line item, and certification of the invoice. Invoices shall be processed and paid in accordance with FAR clause

52.212-4.

(End of Section E)

SECTION F – DELIVERIES OR PERFORMANCE

F.1.0 PERIOD OF PERFORMANCE

September 16, 2024 to September 15, 2027.

The following clause is incorporated by reference:

Clause Title Date

52.242-15 Stop Work Order Aug 1989

(End of Section F)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1.0 The BLM is required to return the name, address, and tax identification number of each person/contractor that the agency enters into a contract with during the calendar year, to include any other information the Secretary of the Treasury may require. Contractor will receive an IRS Form

1099-MISC entitled “Miscellaneous Income” for each tax (calendar) year. All forms of income to the

Contractor under a stewardship contract is anticipated to be taxable, including consideration received from forest products.

G.1.1 BLM CONTACTS:

Brittney Linford – Contracting Officer

E-Mail: blinford@blm.gov

The Contracting Officer’s Representative shall be designated at time of award.

mailto:blinford@blm.gov

G.1.2 FEDERAL HOLIDAYS

Holidays observed by the contractor shall include all legal holidays observed by the Government.

These holidays are:

New Year's Day Martin Luther King Day Columbus Day President's Day

Memorial Day Independence Day Labor Day Veterans' Day

Thanksgiving Day Christmas Day Juneteenth

G.1.3 DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE

PROCESSING PLATFORM (IPP) (APRIL 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's

Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4

Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov .

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: as determined at the task order level.

The vendor shall upon invoicing through the internet payment platform, attach a copy of their regular vendor invoice by utilizing the attachments feature on the lower right hand corner of the invoicing screen to substantiate requests for payment. The vendor invoice shall be readable in Microsoft Excel, Adobe Acrobat (.pdf) or Microsoft Word.

1. Name & address of the Contractor.

2. Invoice date & number.

3. Contract number, contract line item number and, if applicable, the order number.

4. Description, quantity, unit of measure, unit price and extended price of the services delivered.

5. Name, title, and phone number of person to notify in event of defective invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Section G)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1.0 PRODUCT VALUE REAPPRAISAL

The rates in Section B, Schedule B may be reappraised at the request of the contractor when a market fluctuation of ≥ 20 % occurs. An index such as the Chicago Mecantile Exchange softwood lumber futures contract or a state or regional index/publication commonly used for timber sale appraisals shall be identified and documented before contract solicitation to establish a basis for triggering a reappraisal. A baseline will be established upon award of the contract from the most current price of the selected index. (Note the source of the prices used for the appraisal does not have to be the same source used for the baseline. In some cases, appraisals are obtained by calling mills for a current pond value. It may not be feasible to directly monitor mill prices to determine precise and objective market fluctuations.) Product price shall be adjusted by obtaining the current price from the appraisal data http://www.ipp.gov/ mailto:ippgroup@bos.frb.org source and calculating the difference between that and the price used for the original appraisal. The difference will be applied to the contract through a modification and a new baseline will be established from the current price at that time. In some cases the Schedule B price will be a value less than the value of the adjustment and will require a modification to add a service bid item to account for the market impact. At no time will the product value be less than $0.01. In instances where product removal has already begun and a proportion of the volume from Schedule B has been transported off the project, the COR shall determine what proportion has been removed. The reappraised price will not be applied to the volume that has already been transported. Any further failure to agree on the pricing will be handled under the clause entitled “Disputes.”

H.2.0 FIRE DANGER SEASON

H.2.1 The following equipment will be provided and maintained by the Purchaser on the contract area year-round:

a. Firefighting tools maintained in serviceable condition shall be kept at each active landing and at such other places as the Contracting Officer shall designate whenever people are working on the contract areas. All firefighting tools shall be kept in a closed box marked

“FOR FIRE USE ONLY”. There shall not be less than four tools in each box or less than one tool for each person working on the contract area. Three-fourths of all fire tools shall be shovels or other scraping tools.

b. Each unit of mobile or stationary equipment, including trucks of 23,000 GVW or greater, engaged in commercial activities operating on the contract area or over roads leading to the contract area must be equipped with one operable fire extinguisher or a dry chemical type of not less than 2-1/2 pounds (1.125 kilogram) capacity with 4 BC or higher rating.

c. Power saw operators shall maintain in their immediate possession a fully charged operable fire extinguisher and a serviceable round pointed #0 shovel or larger. The extinguisher shall be a liquid chemical type of at least 8 ounces (224 grams) capacity or a dry chemical type of at least 1 pound (0.454 kilogram capacity). Fueling of a saw shall be done in an area which has been cleared of all flammable organic material. Saws shall be moved at least 10 feet from the place of fueling before engine is started.

d. Power saws must be equipped with a muffler and screen type spark arrestor in accordance with the standards set forth in the U.S. Forest Service Spark Arrestor Guide. Power saws used in commercial activities and purchased after December 31, 1980, must also be equipped with a muffler system conforming to the Society of Automotive Engineers Standard J-335b, as set forth in the U.S. Forest Service Spark Arrestor Guide.

e. Exhaust driven turbochargers qualify as efficient spark arresters provided all exhaust gases pass through the turbine impeller. The turbine impeller must always be turning and there may be no exhaust bypass. A straight-mechanical-driven supercharger does not qualify.

i. All internal combustion engines operated on forested lands must be equipped with an approved and effective spark arresting device.

ii. Motorbikes, trail cycles, scooters, and other mobile vehicles of this type and all stationary internal combustion engine-driven equipment used on the contract area or over roads leading to the contract area, must be equipped with spark arresting devices listed as approved in the U.S. Forest Service Spark Arrestor Guide. Spark arresting devices must be plainly marked with the manufacturer's name and model number and must be properly installed and maintained in accordance with the guide. Heavy trucks may have a vertical stack exhaust system and muffler, provided the exhaust stack extends above the cab of the vehicle.

H.2.2 Fire watch

a. From June 1st to October 15th a one-hour fire watch is required to be on duty for 1 hour after the last shutdown of power-driven equipment for the day, or during times when NFDR as displayed by Casper Interagency dispatch by zone in which work is conducted is moderate or above.

b. Fire watch must be physically capable and experienced in operating any firefighting tools, or equipment on-site.

c. Furnished with adequate transportation and communications to report a fire.

d. Must be able to visually inspect area work was done during the day.

e. The Purchaser shall attempt, to the best of its ability and training, to extinguish all fires started by Purchaser, its agents, or employees.

f. The Purchaser shall promptly report any fires to Casper Interagency Dispatch 1-800-295-9952 or call 911

g. The Purchaser is responsible for complying with all State, Local, county, and/or Federal fire restrictions, or emergency closures given by authorized officer in the interest of public safety.

h. The Authorized officer and his/her contract administrators or designated BLM employee shall regularly inspect all precautionary fire equipment and required fire protection practices contained within this fire protection section. Failure of purchaser to follow guidelines and procedures contained within will result in an immediate stop work order until Fire protection guidelines and/or required equipment/actions are established onsite and in good working order. The government shall not be held responsible for any delays in contract performance period resulting from stop work orders from non-compliance with fire protection clauses.

H.2.3 Fire Danger Rating

a. Purchaser shall look up fire danger rating on Casper Interagency dispatch webpage daily.

https://gacc.nifc.gov/rmcc/dispatch_centers/r2cpc/

b. The following are guidelines purchaser must follow given danger rating.

i. Low (L) – Green: Year-round fire precaution equipment required.

ii. Moderate (M) – Blue: Fire watch required as well as year-round fire precaution equipment mentioned above.

iii. High (H) – Yellow: Fire watch required as well as year-round fire precaution equipment mentioned above.

iv. Very High (VH) – Orange: Fire watch required as well as year-round fire precaution equipment mentioned above

1. In addition, a pump truck/trailer must be on site and within 5 minutes roundtrip of active felling and/or skidding operations, or road building activities. Operator is expected to move pump/truck trailer within 5 min personnel roundtrip of active operations daily.

Pump truck/trailer min. requirements.

• 500-gallon min. Capacity

• Minimum of 500 feet of 1” and/or 1 ½” inch cotton or synthetic jacket hose.

(Required in definition of pump truck)

• One variable stream nozzle with shut-off

• Twenty feet of suction hose and a strainer suitable for pump to use to draft.

• Fuel tank and hose line, if required for pump, with enough fuel to operate the pump for a period of four hours.

• One grease gun, filled with grease, if the pump requires periodic lubrication.

• Six extra hose washers for each hose/nozzle size.

https://gacc.nifc.gov/rmcc/dispatch_centers/r2cpc/

• One or more spanner wrenches of sizes suitable to fit the hose.

• One reducer, matching the thread type of the hose type referenced in #1, if both hose sizes are used

• If the pump is operated by an engine other than the truck engine, it must be equipped so that it can be started with a starter rope and the following additional accessories are required:

• Two quarts of crankcase oil, if required for…