AG-84M8-S-13-0007.pdf

REGION 4 REGIONAL OFFICE ACQUISTION INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION 4 REGIONAL OFFICE ACQUISITION

324 25TH STREET

OGDEN, UT 84401

FAX (801) 625-5365

SOLICITATION NO. AG-84M8-S-13-0007

OFFERS ARE SOLICITED FOR: BROKERAGE SERVICES BOA FOR JACKSON WYOMING

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE

TO THIS SOLICITATION:

1.SF-1449 Request For Quotation (Complete, date, and sign)

2. Schedule of Items (Complete Unit Price and Amounts) 3.Representations and Certifications (Pages 25-33). (Complete the Representations and Certifications electronically via website at https://www.sam.gov/portal/public/SAM)

4. Key Personnel

5. Items requested in 52.212-1 *There are many more items and clauses that must be completed, please read the entire solicitation

IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to: Region 4, Regional Office AQM 324 25th Street Ogden, UT 84401 Solicitation No. AG-84M8-S-13-0007 Please keep a copy of your quote for your records.

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN THE CENTRAL CONTRACTOR

REGISTRATION DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE 52.204-7

CENTRAL CONTRACTOR REGISTRATION FOR DETAILS ON HOW TO APPLY.

ALL SOLICITATIONS SHALL BE ISSUED THROUGH FEDBIZOPS. NO PAPER SOLICITATIONS SHALL BE ISSUED.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS.

https://www.sam.gov/portal/public/SAM

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

84M8

OGDEN UT 84401

324 25TH STREET

INTERMOUNTAIN REGION

CODE 16. ADMINISTERED BYCODE

X

X

X

531210

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR84M8

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/09/2013 1500 MT

04/09/2013

801-625-5748BRIAN WHARTON

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

AG-84M8-S-13-0007

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 62 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

OGDEN UT 84401

324 25TH STREET

INTERMOUNTAIN REGION

15. DELIVER TO

OGDEN UT 84401

324 25TH STREET

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$2.0

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

INTERMOUNTAIN REGION

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOSB

PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Brokerage Services for Jackson Wyoming BOA Intermountain Region

Please Place your Quote in Section B Schedule of Items

Fax and Email Quotes are not accepted Please no spiral notebooks/folders

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

BRIAN WHARTON

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

62 2 of

Broker Services Jackson BOA AG-84M8-S-13-0007

SECTION B - Supplies or Services and Prices/Costs Schedule of Items SECTION E - Inspection and Acceptance 52.252-2 Clauses Incorporated by Reference. (FEB 1998) SECTION F - Deliveries or Performance 52.252-2 Clauses Incorporated by Reference. (FEB 1998) SECTION G - Contract Administration Data

Payment SECTION H - Special Contract Requirements SECTION I - Contract Terms and Conditions 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

32.905 Payment documentation and process

52.204-7 Central Contractor Registration. (DEC 2012) 52.212-4 Contract Terms and Conditions - Commercial Items. (FEB 2012) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items. (NOV 2012) 52.216-18 Ordering. (OCT 1995) 52.216-19 Order Limitations. (OCT 1995) 52.222-41 Service Contract Act of 1965. (NOV 2007)............................... Error! Bookmark not defined.

52.222-42 Statement of Equivalent Rates for Federal Hires. (MAY 1989) 52.236-7 Permits and Responsibilities. (NOV 1991) 52.244-6 Subcontracts for Commercial Items. (DEC 2010) 52.246-20 Warranty of Services. (MAY 2001) 452.237-75 Restrictions Against Disclosure. (FEB 1988) SECTION J - List of Documents, Exhibits, and Other Attachments SECTION K - Representations, Certifications, and Other Statements of Offerors 52.212-3 Offeror Representations and Certifications-Commercial Items. (DEC 2012) SECTION L - Solicitation Provisions 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 452.204-70 Inquiries. (FEB 1988) 52.209-5 Certification Regarding Responsibility Matters. (APR 2010) 52.212-1 Instructions to Offerors - Commercial Items. (FEB 2012) 52.212-2 Evaluation - Commercial Items. (JAN 1999) 52.216-1 Type of Contract. (APR 1984) 52.222-25 Affirmative Action Compliance. (APR 1984) 52.237-1 Site Visit. (APR 1984) 452.215-72 Amendments to Proposals. (FEB 1988) SECTION M - Evaluation Factors for Award

SECTION B - Supplies or Services and Prices/Costs Schedule of Items

The Intermountain Region of the United States Forest Service seeks full service brokerage services to sell 10 acres in downtown Jackson, Wyoming. The selection criteria involve a number of items including experience, reference interviews, sales commission, and other skills, experience, and certifications that could benefit the project. Section M outlines the criteria that will be used to evaluate each proposal. The contractor/service provider shall provide labor, materials, equipment, transportation, and supervision necessary to complete the project/sale. The highest and best use for the site is generally considered to be commercial/mixed-use, although is currently zoned P/SP. Therefore, only those with commercial real estate sales experience in Jackson, Wyoming and familiarity with Jackson’s zoning regulations should submit proposals. The contractor/service provider must have a current and active real estate license in the state of Wyoming and must perform according to Wyoming laws.

Please provide all documentation requested to show your qualifications and experience in working with commercial real estate in Jackson, Wyoming. Include a synopsis of what you can provide for the federal government in listing and selling this property.

Proposal is for full services provided by broker including but not limited to listing, marketing / advertising, negotiation, and closing and also subject to stipulations in contract between broker and the Forest Service.

Fill out the table below for your sales commission as a percentage of the sales price for the property.

Schedule of Items – Price Proposal

Description Sales Commission Full service brokerage services for subject 10 acres

SECTION C - Description/Specifications/Statement of Work

1. Scope of Work:

The intent of this solicitation and the resultant award is to obtain full service real estate brokerage services for the sale of a 10-acre site in Jackson, Wyoming. Full service brokerage services are requested which include but are not limited to listing, marketing/advertising, negotiation, and closing. The contractor/service provider shall provide labor, materials, equipment, transportation, and supervision necessary to complete the project/sale. The highest and best use for the site is generally considered to be commercial/mixed-use, although is currently zoned Public/Semi-Public. Therefore, only those with commercial real estate sales experience in Jackson, Wyoming and those familiar with Jackson’s zoning regulations should submit proposals.

The Government contemplates award of a Single Basic Ordering Agreement ( BOA) resulting from this solicitation. A call will be issued to perform the full service real estate brokerage services.

2. Issuing of a Call Procedures:

A call will be issued to the awarded contractor under this BOA. The call will be to perform the full service real estate brokerage services in compliance with Wyoming real estate laws, the conditions and requirements set forth in the broker agreement, and the conditions and requirements in this solicitation.

This call will be based on the following procedures:

1) The contractor will be selected based on this RFQ.

2) Contractor will sign agreement to list property and begin marketing.

3) When the property has a successful closing, a call will be issued.

3. Qualifications and Certifications Requirements:

1) Must hold an active real estate sales license in the state of Wyoming.

2) Must have experience with commercial real estate in Jackson, Wyoming.

3) Must be familiar with Jackson’s zoning regulations.

4. Requirements:

1) Work to be performed according to Wyoming state real estate laws.

2) Engagement with a broker/agent will be according to the sample agreement and the sample disclosure, both attached as exhibits.

3) Hired broker will use sample purchase agreement, attached as an exhibit, for all offers.

4) Items to be evaluated including price and experience are outlined in Section M.

5. Special Considerations:

1) The United States Forest Service reserves the right to negotiate directly with any prospective buyer and has the sole responsibility to accept or reject any offer and to commit the United States to a proposal. Should the United States Forest Service elect to negotiate directly with a prospective buyer, the agreed upon commission to be retained by the broker will not be affected. However, the broker will continue to contractually be obligated to work toward the closure of the purchase and sale contract separately negotiated by the United States Forest Service.

2) The broker will be authorized to accept earnest money deposits from qualified bidders. On acceptance of the offer of a qualified prospective purchaser, the broker will transmit the earnest money deposit to the escrow account created to process the closing of the purchase and sale agreement following instructions provided by the United States Forest Service. Earnest money deposits collected from bidders whose offer(s) are rejected shall be returned to them in a timely manner.

3) The conveyance document to convey the title held by the United States will be a quitclaim deed which will be prepared by the United States.

4) The listing period and the handling of offers will be negotiated with broker at pre-work meeting.

6. Performance Period: Beginning approximately June 1, 2013 thru 365 days after award.

7. Property Description:

A. Location The Jackson Administrative Site, totaling 15.325-acres, is located at 340 North Cache Street in the Town of Jackson, Teton County, Wyoming. The site is located in a mixed commercial and residential area on the northeast part of the Town of Jackson. The property was used for administrative and employee residential purposes for the operations of the Bridger-Teton National Forest (BTNF).

B. Description The sale property is primarily in the eastern and northern portion of the Jackson Administrative Site totaling 10 acres. The BTNF will retain an L-shaped parcel on the western side of the administrative site totaling approximately 5.325 acres which contains the Supervisors Office as well as numerous other administrative buildings for continued administrative use. The administrative site was originally acquired by the United States in 1914 with the United States Fish and Wildlife Service (USFWS) administering the property. The United States Forest Service first used the property in the late 1920’s and constructed administrative facilities in subsequent decades. The USFWS formally permitted the Forest Service’s use in 1954, and subsequently transferred the property to the Forest Service in 1962 under authority of the Federal Property Administrative Service Act of 6/30/1949 (63 Stat. 377). The property was accepted by the Dept. of Agriculture March 27, 1963, providing the Forest Service title to the administrative site.

The proposed sale property abuts the retained administrative site and the Wyoming Game and Fish offices on the west, the National Elk Refuge on the east and north, a recreation center/pool and elementary school on the southeast, and the commercial Kudar Development on the south. A horse corral and the following 12 structures will be sold with the land.

UNIT BUILD.

INFRA ID#

BUILD. NAME CATEGORIES GROSS

SF

YR

BUILT

SO TN806014 Jackson Car Barn Utility/Utility 3840 1933 SO TN809013 Fire Storage Shed Storage/Shed 572 1933 SO TN810010 Jackson Gas House Storage/Gas/Oil 630 1933 D4 TN805016 Fire Crew Building Office/Office 1000 1954 SO TN809021 35 Rosencrans Shed 96 1985 SO TN809023 45 Rosencrans Shed 96 1985 SO TN809024 55 Rosencrans Shed 96 1985 SO TN809025 65 Rosencrans Shed 96 1985 SO TN809026 70 Rosencrans Shed 96 1985 SO TN809028 75 Rosencrans Shed 96 1985 SO TN809029 80 Rosencrans Shed 96 1985

SO TN809030 90 Rosencrans Shed 96 1985

The parcel is primarily flat, with a small intermittent stream channel connecting older stock watering ponds traversing the eastern portion of the parcel from north to south. Approximately 1.36 acres of jurisdictional wetlands exist on portions of these ponds within the parcel and will need to be protected from future development. The parcel landscape is primarily native grass and willows along the stream channel.

C. Directions Access is via State Highway 191/26/89 and city street North Cache, the main north/south route through Jackson. Mercill and Rosencrans Streets are internal paved access roads developed by the Forest Service, and tie into North Cache Street.

D. Legal Description

Parcel No: 22-41-16-27-3-00-020 Tax No. OJ-NonTax

T. 41 N., R. 116 W., Sixth Principal Meridian.

Sec. 27 NW1/4SW1/4, That portion described as follows: Commencing at the SW corner of said aliquot part; thence S. 89°54’ E., 40.0 ft. to the True Point of Beginning; Thence N. 00°08’ W.,

40.0 ft.; thence S. 89°54’ E., 550.4 ft.; thence N. 00°08’ W., 537.5 ft.; thence S. 89°52’ W., 241.3 ft., thence N. 00°08’ W., 203.2 ft., thence S. 89°24’ E., 582.0 ft., thence S. 18°37’ E., 818.3 ft., thence N. 89°52’ W., 600.1 ft., thence N. 89°54’ W., 550.4 ft. to the point of beginning.

Containing 10.00 acres, more or less.

E. Assessor’s Parcel Number

The entire property has an assessor parcel number of 22-41-16-27-3-00-020. The assessor’s office will need to assign an assessor parcel number once the property is conveyed.

F. Existing Uses

No encumbrances were listed on the 1962 transfer document. However, both authorized and unauthorized development and uses has taken place since then. The following uses have been identified and are existing on the property to be conveyed:

a) JAC403037 QWEST Corporation. Special Use Permit issued for telephone lines located on the east end of the conveyance parcel. The permitted telephone lines tie into Forest Service-owned lines serving the entire administrative site.

Planned Disposition: The BTNF will work with QWEST to establish a new access point. To meet the needs of the Forest Service and the buyer, the BTNF will work with the Town and utility company to ensure appropriate utility access points or easements are issued as part of the escrow closing.

b) JAC406607 Lower Valley Power and Light. Special Use Permit issued for a natural gas pipeline located in both the retained and conveyance parcels. The natural gas pipeline also serves the adjoining property.

Planned Disposition: The BTNF will work with the purchaser and the utility company to ensure this pipeline is protected by easement being issued as part of the escrow closing.

c) Cache Creek Pipeline. Owner is the Town of Jackson. A buried concrete culvert transmits the waters of Cache Creek through and across the southwest corner of the conveyance parcel and the retained parcel. Although no easement of record exists for the culvert, the Town operates and maintains the pipeline.

Planned disposition: For that part of the pipeline under the conveyance parcel, an easement will be issued from the purchaser to the Town as part of the escrow closing. That portion of the pipeline under the retained parcel will be authorized under a special use permit by the BTNF.

d) Sewer Line. The Town operates and maintains an existing buried sewer line within the conveyance parcel and the proposed Mercill Street Extension (see below).

Planned disposition: An easement will be issued from the purchaser to the Town as part of the escrow closing.

e) Cabin Roof Eaves. Owner is Kudar Enterprises, Inc. The north roof eaves of a 1930s log cabin extend approximately 0.67 feet onto the south boundary of the conveyance parcel.

Planned Disposition: The BTNF notified the owner of the encroachment in a letter dated February 8, 2012. Joe Kudar, the owner’s representative, visited the BTNF Supervisor’s Office on February 13, 2012 and stated he could saw off the eaves if required. This encroachment will be disclosed to prospective buyers.

f) Forest Service Access. The conveyance parcel includes a 40-foot wide by approximately 550.4-foot long strip of land along the south boundary. The strip of land is needed by the Forest Service for access to retained administrative site.

The United States will reserve access and utility rights on the strip to ensure access to the retained parcel should Mercill Street not be extended as a part of the Town street grid. If the purchaser and/or Town builds a public road, the Forest Service would convey its right to the Town of Jackson.

g) Electrical Power Lines. The administrative site is served by overhead and underground electric lines owned and operated by Lower Valley Power and Light. No easements or permits exist for the lines.

Planned Disposition: To meet the needs of the Forest Service and the buyer, the BTNF will work with the purchaser and utility company to ensure appropriate utility access points or easements are issued as part of the escrow closing.

h) Fiber Optic Line. The Supervisor’s Office within the administrative site is served by a buried fiber optic line owned by Silverstar Communications. No easements or permits exist for the line, which is located within the proposed Mercill Street Extension of the conveyance parcel.

Planned Disposition: To meet the needs of the Forest Service and the buyer, the BTNF will work with the purchaser and utility company to ensure appropriate utility access points or easements are issued as part of the escrow closing.

i) Telephone Line. The administrative site is served by a telephone line.

Planned Disposition: To meet the needs of the Forest Service and the buyer, the BTNF will work with the purchaser and utility company to ensure appropriate utility access points or easements for a telephone line are issued as part of the escrow closing.

j) Sewer Line. The administrative site is served by Forest Service-owned sewer lines connecting into the Town of Jackson sewer line that is located within the proposed Mercill Street Extension of the conveyance parcel.

Planned Disposition: The Forest Service will reserve the sewer line.

Summary of Easements to be Issued at Closing:

a) Lower Valley Power and Light – southern overhead powerline and underground loop.

b) Town of Jackson – sewer line

c) Qwest/CenturyLink – telephone line in eastern portion of the property

d) Lower Valley Power and Light – gas line

e) Town of Jackson – Cache Creek pipeline

f) Silverstar Communication – fiber optic line

g) Qwest/CenturyLink – telephone line serves FS office

Summary of Reservations by USA

a) Forest Service access on the extension of

Mercill Avenue.

b) Sewer Line – FS owned sewer line on south boundary of property.

G. Zoning

The property is zoned Public/Semi-Public (P/SP).

H. Environmental Notices

CERCLA Notice and Covenant Regarding Hazardous Substances

a. Notice of Hazardous Substance Activity

Pursuant to Section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Forest Service performed environmental due diligence on the property and will provide the resulting report (Land Transaction Screening Process Worksheets) to the buyer. The Forest Service found no evidence of a release of a reportable quantity of any hazardous substance. The Forest Service found that a number of hazardous substances (pesticides, paints, and flammable solids) may have been stored for one year or more on the property in the past. It is not known whether the amount of hazardous substances stored exceeded the CERCLA reportable quantities listed at 40 CFR Part 373. All stored hazardous substances have been removed from the property.

b. CERCLA Covenant

The transfer deed will include a covenant from the Forest Service warranting that all remedial action necessary to protect human health and the environment has been taken before the date of the conveyance. The covenant will also warrant that the Forest Service shall take any additional response action found to be necessary after the date of the conveyance regarding hazardous substances located on the Property on the date of the conveyance. The Forest Service will reserve a right of access to all portions of the property for environmental investigation, remediation, or other corrective action found to be necessary after the date of conveyance.

Notice of Petroleum Products

An unknown quantity of petroleum products (gasoline, diesel fuel, fuel oil, lubricants, etc.) has been stored on the property. All products have been removed.

The property was previously on the Wyoming Department of Environmental Quality’s (WDEQ’s) Leaking Underground Storage Tank (LUST) contaminated site list due to a release from a leaking underground gasoline tank. The site was remediated, and the WDEQ provided a clearance letter in 2004. A copy of that letter will be provided to the purchaser.

Notice of Asbestos-Containing Materials

The structures being conveyed were not inspected for asbestos-containing materials (ACM).

ACMs may be present.

Notice of Lead- Based Paint

The structures being conveyed were constructed prior to 1978 and therefore may contain lead-based paint (LBP). The structures are not residential, and therefore are not subject to the inspection and notification requirements of the U.S. Department of Housing and Urban Development (HUD) regulations at 24 CFR Part 35. No LBP inspection or risk assessment will be performed.

I. Description Provided The description of the property and any other information provided therein with respect to said property are based on the best information available to the USDA Forest Service, Bridger-Teton National Forest, and are believed to be correct, but any error or omission, including but not limited to, the omission of any information available to the agency having custody over the property and/or any other Federal agency, shall NOT constitute grounds or reason for non-performance of the contract of sale, or claim by purchaser for allowance, refund or deduction from the purchase price.

J. Inspection Inspection of the property is the sole responsibility of the buyer. Buyers are invited, urged, and cautioned to inspect the property prior to submitting an offer. The failure of any buyer to inspect, or to be fully informed as to the condition of all or any portion of the property offered, will not constitute grounds for any claim or demand for adjustment or withdrawal of an offer after acceptance.

K. Condition of Property The property is offered for sale and will be sold “AS IS” and “WHERE IS” without representation, warranty, or guaranty as to quantity, quality, title, character, condition, size, or kind, or that the same is in condition or fit to be used for the purpose for which intended, and NO claim(s) for any allowance or deduction upon such grounds will be considered after the acceptance of offer.

L. Maps

See Section J

SECTION E - Inspection and Acceptance

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ (End of clause)

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.246-4 Inspection of Services - Fixed-Price. (AUG 1996) http://www.arnet.gov/far/

SECTION F - Deliveries or Performance

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.242-15 Stop-Work Order. (AUG 1989)

52.242-17 Government Delay of Work. (APR 1984)

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from [date of award] through [365 days]

(End of Clause) http://www.usda.gov/procurement/policy/agar.html

SECTION G - Contract Administration Data

452.215-73 Postaward Conference. (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within [60] days after the date of contract award. The conference will be held at: To Be Determined after Award (End of Clause)

Payment

Payment will be made for fully acceptable work at the prices bid in the schedule of items. Payment will be made upon a successful sale and closing of the subject property.

SECTION H - Special Contract Requirements

452.237-74 Key Personnel. (FEB 1988)

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

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below.

After the initial 90-day period, the Contractor shall submit theinformation required by paragraph

(c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

SECTION I - Contract Terms and Conditions

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. (May 2011)

52.204-9 Personal Identity Verification of Contractor Personnel. (Jan 2011)

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (DEC 2010)

52.219-6 Notice of Total Small Business Set-Aside. (NOV 2011)

52.222-17 Nondisplacement of Qualified Workers

52.222-40 Notification of Employee Rights Under the National Labor Relations Act. (DEC 2010)

52.223-5 Pollution Prevention and Right-to-Know Information. (MAY 2011)

52.223-6 Drug-Free Workplace. (MAY 2001)

52.229-3 Federal, State, and Local Taxes. (FEB 2013)

52.232-1 Payments. (APR 1984)

52.232-8 Discounts for Prompt Payment. (FEB 2002)

52.232-11 Extras. (APR 1984)

52.232-23 Assignment of Claims. (JAN 1986)

52.232-25 Prompt payment. (OCT 2008)

52.233-1 Disputes. (JUL 2002)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

52.236-13 Accident Prevention. (NOV 1991)

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

52.243-1 Changes - Fixed-Price. (AUG 1987)

52.245-1 Government Property. (APR 2012) http://www.usda.gov/procurement/policy/agar.html

52.249-4 Termination for Convenience of the Government (Services) (Short Form). (APR 1984)

52.249-8 Default (Fixed-Price Supply and Service). (APR 1984)

52.253-1 Computer Generated Forms. (JAN 1991)

32.905 Payment documentation and process.

(a) General. Payment will be based on receipt of a proper invoice and satisfactory contract performance.

(b) Content of invoices. (1) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(i) Name and address of the contractor.

(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

(ix) Electronic funds transfer (EFT) banking information.

(A) The contractor must include EFT banking information on the invoice only if required by agency procedures.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(2) An interim payment request under a cost-reimbursement contract for services constitutes a proper invoice for purposes of this subsection if it includes all of the information required by the contract.

(3) If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt (3 days on contracts for meat, meat food products, or fish; 5 days on contracts for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. If such notice is not timely, then the designated billing office must adjust the due date for the purpose of determining an interest penalty, if any.

(c) Authorization to pay. All invoice payments, with the exception of interim payments on cost-reimbursement contracts for services, must be supported by a receiving report or other Government documentation authorizing payment (e.g., Government certified voucher). The agency receiving official should forward the receiving report or other Government documentation to the designated payment office by the 5th working day after Government acceptance or approval, unless other arrangements have been made. This period of time does not extend the due dates prescribed in this section. Acceptance should be completed as expeditiously as possible. The receiving report or other Government documentation authorizing payment must, as a minimum, include the following:

(1) Contract number or other authorization for supplies delivered or services performed.

(2) Description of supplies delivered or services performed.

(3) Quantities of supplies received and accepted or services performed, if applicable.

(4) Date supplies delivered or services performed.

(5) Date that the designated Government official--

(i) Accepted the supplies or services; or

(ii) Approved the progress payment request, if the request is being made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts.

(6) Signature, printed name, title, mailing address, and telephone number of the designated Government official responsible for acceptance or approval functions.

(d) Billing office. The designated billing office must immediately annotate each invoice with the actual date it receives the invoice.

(e) Payment office. The designated payment office will annotate each invoice and receiving report with the actual date it receives the invoice.

52.204-7 Central Contractor Registration. (DEC 2012)

(a) Definitions. As used in this provision-

"Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government.

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the CCR database" means that-

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number as well as data as required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The offeror will be required to provide consent for TIN validation to the Government as a part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number--

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S.

Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

52.212-4 Contract Terms and Conditions - Commercial Items. (FEB 2012)

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

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

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

(b) 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.

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

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.

601-613). 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 at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(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 such as, 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. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(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) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

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

(5) 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 contract 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.

(6) 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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), 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 33.211 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 prescribed in 32.608-2 of the Federal Acquisition Regulation 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 hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.