B09 12318721R0007 (final).pdf

United States Forest Washington Office 201 14th St, SW Department of Service Procurement & Washington, DC 20250 Agriculture Property Services

Caring for the Land and Serving People

COMBINED SYNOPSIS / SOLICITATION

IAW FAR 12.6 Streamlined Procedures for Evaluation and Solicitation of Commercial Items

USDA Forest Service Washington Office

MARKET INDEX PRICES FOR USE IN FOREST MANAGEMENT

(1) Action Code: N/A

(2) Date: June 7, 2021

(3) Year: FY2021

(4) Contracting Office ZIP Code: 20250

(5) Product or Service Code (PSC): R702 – Support-Management: Data Collection

(6) Contracting Office Address: USDA Forest Service

Sidney R. Yates Federal Building 201 14th St, SW Washington, DC 20250

(7) Subject: USDA Forest Service Washington Office

Market Index Prices for Use in Forest Management

(8) Solicitation Number: 12318721R0007

(9) Closing Response Date: 6/24/2021 at 5:00pm EDT

(10) Contact Point or Contracting Officer: Dana Price, CFCM

Senior Contract Specialist / Contracting Officer dana.price2@usda.gov or via Teams (vs phone)

(11) Contract Award Number: UNKNOWN and Solicitation Number: 12318721R0007

(12) Contract Award Dollar Amount: Estimated NTE $1,750,000.00 (NTE $350,000.00/year)

(13) Line Item Number: BPA CLIN Structure

Offerors shall complete and return the attached Price Schedule (Excel spreadsheet) that reflects fully burdened prices (to include any potential ODCs to be utilized in performance of the requirement as ODCs will not be allowable as a separately priced line item). All services performed are at contractor facilities.

CLINs 0001 / 0004 / 0007 / 0010 / 0013 / 0016 Requirement: specific geographic area and species/product definitions

CLINs 0002 / 0005 / 0008 / 0011 / 0014 / 0017 Optional Item #1: expanded species/product definitions

CLINs 0003 / 0006 / 0009 / 0012 / 0015 / 0018 Optional Item #2: expanded geographic area and species/product definitions mailto:dana.price2@usda.gov

Figure 1 - Example - Offerors must complete attached Price Schedule (Excel) that includes Base & All Options

The following is the anticipated schedule of deliverables and is typical for each period of performance:

Deliverable 1 – Index Log Deliverable 2 – Monthly Index Prices Deliverable 3 – Quarterly Average Index Prices

Deliverable 4 – Methodology for Updating the Index Log (as applicable)

See the SOW (attached) for requirement parameters.

Quarters (do not follow federal fiscal year)

1st Quarter: April – June 2nd Quarter: July – September 3rd Quarter: October – December 4th Quarter: January – March

(14) Contract Award Date: Anticipated 7/9/2021

(15) Contractor: UNKNOWN

(16) Description:

The USDA FS intends to award a single-award, Firm-Fixed-Price (FFP) Contract to purchase market index price data to be used to achieve fair, objective, and transparent valuation and pricing measures for Forest Service stumpage.

The objective of this solicitation is to procure market index prices that accurately reflect changing market conditions in relevant sectors of the forest products industry. The Forest Service will use the market price index to adjust stumpage rates throughout the life of

CLIN Unit Unit Price Quantity Price

0001 LO $ - 1 $ -

0002 LO $ - 1 $ -

0003 LO $ - 1 $ -

BASE PERIOD MARKET INDEX PRICES FOR USE IN FOREST MANAGEMENT PRICE SCHEDULE

Requirement: Base Period - Market Index Prices for Use in Forest Mangement, to include:

Index Log (x1) Monthly Index Prices (x8) Quarterly Average Index Prices (x3) Methodology for Updating the Index Log (as applicable)

TOTAL (Requirement & Both Options)

Description

Optional Item #2: Base Period - Market Index Prices for Use in Forest Mangement (expanded market geographic areas & species/product definitions), to include:

Index Log (x1) Monthly Index Prices (x8) Quarterly Average Index Prices (x3) Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

SUB-TOTAL

Optional Item #1: Base Period - Market Index Prices for Use in Forest Mangement (expanded species/product definitions), to include:

Index Log (x1) Monthly Index Prices (x8) Quarterly Average Index Prices (x3) Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

harvest contracts and calculate market rate adjustments so that stumpage appraisals more accurately reflect current economic conditions.

The Forest Service desires to maintain its current abilities to perform these activities, while also exploring the possibility of expanding its use to a broader geographic range and a more diverse set of goods. Additionally, the Forest Service desires to reconfigure its current geographic area representation of indices to more specific market areas than the current data.

See attached Statement of Work (SOW) for complete requirement details.

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) 12318721R00071 is issued as a request for proposal (RFP)

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2021-05/03-10-2021.

(iv) This requirement is not being set-aside; the associated NAICS code and small business size standard is: 115310 – Support Activities for Forestry - $8M

(v) A list of line item number(s) and items, quantities, and units of measure (including option(s), if applicable) – See (13) above

(vi) See Statement of Work (SOW).

(vii) Date(s) and place(s) of delivery and acceptance and FOB point:

Delivery dates are specified in the SOW. The typical method of delivery for such material is via secure email attachment, however, the Offeror is encouraged to propose alternative delivery methods if such methods will increase delivery speed, timing, accuracy, availability, reduce cost, or positively affect the transfer of information to the Forest Service.

(viii) The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition and are incorporated by reference. Addenda are attached.

(ix) The provision at 52.212-2, Evaluation-Commercial Items, applies to this acquisition.

Addenda are attached.

(x) Offerors are required to include a completed copy of the provision at 52.212-3, Offeror

Representations and Certifications-Commercial Items, with its offer:

NOTE: The offeror shall complete only paragraph (b) of this provision if applicable since offerors must be registered in the System for Award Management (SAM) as accessed through https://www.sam.gov in order to respond to solicitations and be awarded contracts.

(xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition. Addenda are attached.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition; indicated additional FAR clauses cited in the clause are applicable to the acquisition. Addenda are attached.

(xiii) The Forest Service requires all market price information purchased under this solicitation, including index log values, descriptions, methodologies, log product, index pricing, research materials, and all other task and deliverable related materials and communications be available to all USDA agencies and employees without restriction to retransmit or share within the Agency.

(xiv) The Defense Priorities and Allocations System (DPAS) and assigned rating is not applicable.

(xv) Proposals are due June 14, 2021 at 9:00am EDT via email to the Solicitation POC.

(xvi) Solicitation POC: Dana L Price, CFCM, Contract Specialist, dana.price2@usda.gov.

(17) Place of Contract Performance: Offeror’s facilities.

BPA Period of Performance

Base Period (8 months): July 11, 2021 – March 31, 2022 Option Year I: April 1, 2022 – March 31, 2023 Option Year II: April 1, 2023 – March 31, 2024 Option Year III: April 1, 2024 – March 31, 2025 Option Year IV: April 1, 2025 – March 31, 2026

(18) Set-aside Status: This requirement is not being set-aside for Small Business (SB).

ATTACHMENT(S):

Statement of Work (SOW) Price Schedule (sample provided herein: #13 Line Item Number)

FAR 52.212-4 & 52.212-5

FAR 52.212-1, 52.212-2 & 52.212-3

RFP Q&A Form (sample .pdf)

Attached separately to the beta.SAM.gov posting as Excel & Word documents Price Schedule (fill-in Excel doc) RFP Q&A Form (fill-in Word doc) https://www.sam.gov/

United States Forest Washington Office 201 14th St, SW Department of Service Washington, DC 20250 Agriculture

Statement of Work

MARKET INDEX PRICES FOR USE IN FOREST MANAGEMENT

Date: 3/31/2021

1.0 Introduction/Overview

The Forest Service desires to purchase market index price data to be used to achieve fair, objective, and transparent valuation and pricing measures for Forest Service stumpage.

1.1 Background

The Forest Service sells stumpage to private purchasers through competitive bidding. The Agency must advertise stumpage at its appraised value and awards a timber sale contract to the responsible Offeror submitting the highest qualified bid.

The Forest Service established stumpage rate adjustment procedures and began procuring market index prices in the 1950’s Stumpage rate adjustments help to reduce the risk of loss to a purchaser holding a timber sale contract during periods of declining finished goods prices and benefits the Government by increasing stumpage receipts during periods of rising finished goods prices.

Rate adjustment procedures have evolved over time with the most recent significant change occurring in the 1990’s. In September, 1991, the Department of Agriculture Office of Inspector General, issued a report (Audit Report NO. 08099-122-SF dated 9/91- Stumpage Rate Adjustment on Timber Sales) stating that the 50 percent upwards and 100 percent downwards stumpage rate adjustment procedure, then in use, lowers the risk of market fluctuations to the purchaser at the monetary expense of the Government. On December 31, 1997, the Forest Service gave notice of a revision in stumpage rate adjustment procedures in the Federal Register.

The new procedures provide for stumpage prices to increase or decrease by 100 percent of the change in lumber prices.

The Forest Service implemented transactions-evidence based appraising in the 1990’s in all regions except R10 (Alaska Region). FPL-GTR-242 was an advancement in the mathematics of establishing and using base period prices, and the Forest Service is transitioning it into its business practices.

1.2 Scope

Currently the Forest Service applies a stumpage rate adjustment procedure on the sawlog component of timber sales over 1-year in length sold on a Ccf basis in Regions 1-6. The Forest Service does not apply the stumpage rate adjustment procedure to any material that does not meet the sawlog specifications.

The Forest Service regional size specifications for sawlogs vary, however the general assumption is that a sawlog meets the minimum species, size, and recovery specifications such that the material is suitable as the primary raw material input for a class of sawn, dimensional, finished lumber in the market area or working circle of the Forest.

The Forest Service currently uses 9 distinct market indices. Each unique index is a combination of three values: market geographic area/species/log product.

The index price ($/Mbf) is a composite price. The composite price is a volume weighted average value of the outputs from the given inputs. Table 1 displays the characteristics of each unique index price the Forest Service currently uses.

Table 1: Current Forest Service Indices in use

Market Geographic Areas Species Log Product Index Price per Unit of Measure

PNW Coast1 Douglas Fir Sawlog $/Mbf PNW Coast Hemlock-Fir2 Sawlog $/Mbf Inland3 Sugar Pine Sawlog $/Mbf Inland Inland Red Cedar Sawlog $/Mbf Inland White Fir (Hem-Fir) Sawlog $/Mbf Inland Douglas Fir-Larch Sawlog $/Mbf Inland White Woods4 Sawlog $/Mbf Forest Service Regions 5, 6, and portions of 1 & 4

Coast-Inland North Ponderosa Pine5

Sawlog $/Mbf

Forest Service Regions 2, 3, and portions of 1 & 4

Rocky Mountain Ponderosa Pine6

Sawlog $/Mbf

1 The PNW Coast Region includes the Pacific Coast and Cascade mountain ranges.

2 Hemlock-Fir includes hemlocks and true firs from the PNW Coast.

3 The Inland Region includes all geographic areas in the Lower 48 states west of the 100th meridian that are not part of the PNW Coast Region.

4 White Woods includes any volume invoiced and shipped as White Woods and Western Woods, as well as Engelmann spruce and lodgepole pine. Volumes shipped as White Woods may include mixed species shipments with any combination of Engelmann spruce, true firs, hemlocks, and pines (except Ponderosa pine). Volumes shipped as Western Woods may include any combination of western softwood species, except redwood and cedar.

5 Coast-Inland North Ponderosa Pine includes ponderosa pine milled in Washington, Oregon, California, Nevada, Montana west of the Rocky Mountains (Continental Divide), and all of Idaho west of I-15.

6 Rocky Mountain Ponderosa Pine includes ponderosa pine milled in the remainder of the West.

1.3 Objectives

The objective of this solicitation is to procure market index prices that accurately reflect changing market conditions in relevant sectors of the forest products industry. The Forest Service will use the market price index to adjust stumpage rates throughout the life of harvest contracts and calculate market rate adjustments so that stumpage appraisals more accurately reflect current economic conditions.

The Forest Service desires to maintain its current abilities to perform these activities, while also exploring the possibility of expanding its use to a broader geographic range and a more diverse set of goods. Additionally, the Forest Service desires to reconfigure its current geographic area representation of indices to more specific market areas than the current data.

2.0 References

Title 36, Code of Federal Regulations, Part 223, §223.60 establishes that the objective of timber sale appraisals is to determine fair market value. The regulation also identifies pertinent factors affecting market value, including, but not limited to “prices paid and valuations established for comparable timber, selling value of products produced, estimated operating costs, operating difficulties, and quality of timber.”

Title 36, Code of Federal Regulations, Part 223, §223.64 allows for the adjustment of contract (stumpage) rates during the term of the contract. These regulations state “Timber may be appraised and sold at a lump-sum value or at a rate per unit of measure which rate may be adjusted during the period of the contract and as therein specified in accordance with formulas or other equivalent specifications for the following reasons: (a) Variations in lumber or other product value indices between the price index base specified in the contract and the price index actually experienced during the cutting of the timber.”

Forest Service Manual 2431.37- Stumpage Rate Adjustment requires that all Forest Service timber sale contracts (Contract Forms FS-2400-6, FS-2400-6T, FS-2400-13 and FS-2400-13T) that exceed 1 year in contract length in the western United States must provide for stumpage rate adjustment, except when:

a. Sales lack a significant amount of sawtimber,

b. An index is not available for the predominant species in the sale, or

c. There is no reasonably accurate conversion to cubic feet.

d. Flat rates may provide the best value for stewardship integrated resource timber contracts (IRTC)

(FSH 2409.19, ch. 60). However, risks to both the government and the Offeror must be carefully weighed when making the decision to use flat rates on contracts over 2 years in length.

The procedure the Forest Service uses to adjust contract tentative rates (bid rates) on stumpage throughout the life of harvest contracts is:

1. Establish the base price index for each contract at the time of award.

2. At time of the rate adjustment, the current index is compared to the base index, and the differences are applied to the bid rate.

The Forest Service utilizes the conversion factors shown in table 2 to make the conversion from $/Mbf to $/Ccf:

Table 2: Conversion factors from Mbf - Ccf Mbf/CCf ratio range Mbf/CCf ratio average Conversion factor

.0000 - .2499 .0225 .225

.2500 - .2999 .0275 .275

.3000 - .3499 .0325 .325

Mbf/CCf ratio range Mbf/CCf ratio average Conversion factor .3500 - .3999 .0375 .375 .4000 - .4499 .0425 .425 .4500 - .4999 .0475 .475 .5000 - .5499 .0525 .525 .5500 - .5999 .0575 .575 .6000 - .6499 .0625 .625 .6500 and up .0675 .675

An upper and lower limit of change is established based on the bid rate for the stumpage, and changes are made on a quarterly basis.

Refer to: Timber Sale Contracts FS-2400-6 and FS-2400-6T (6/06 version), including pertinent provisions:

• A/AT4a - Timber Payment Rates for Species and Products to be Paid for at Rates Escalated under B/BT3.2.

• A/AT5 - Indices Used in Quarterly Adjustment

• B/BT3.2 - Escalation Procedures; and

• B/BT3.21 - Unavailable index

Additionally, the Forest Service has provided with this solicitation the applicable documents that describe the objectives, methods, and procedures that govern the stumpage rate adjustment process.

Refer to: FPL-GTR-242: A Process to Establish and Use Base Period Prices for National Forest System Transaction Evidence Timber Appraisal

3.0 Requirements

The Forest Service desires to purchase market price index datasets for two primary purposes:

1. Adjustment of contract tentative rates (bid rates) on stumpage throughout the life of harvest contracts

(primary).

2. Accurately estimating market adjustment factors for use in stumpage rate appraisals.

3.1 Tasks: There is one primary task requirement: defining and describing the indices.

3.1.1 Task 1: Define and describe the applicable indices (serves as the framework for Deliverables 1-3).

Offerors are tasked with describing the species/log product/UOM combinations for geographic market areas defined by the Forest Service. Table 3 describes the reconfigured geographic areas.

Table 3: Reconfigured geographic area definitions Market Geographic Area Name Description

PNW Coast Western Oregon, Washington and northern California (15 National Forests)

Inland North Eastern Oregon, Washington, all of Region 1 plus Boise, Payette, and Salmon–Challis National Forests in Idaho, Montana (30 National Forests)

Inland Central Idaho/Nevada border National Forests, Nevada, Utah, Colorado, Wyoming, South Dakota (20 National Forests), most of Regions 2 and 4 (minus the Idaho Forests of Region 4 north of the Snake River) (31 National Forests)

Inland Southwest All of Region 3, southern California (16 National Forests) Sierra middle forests in California (9 National Forests)

The key component of any index in use is that the geographic market area/species/log product combination (and resulting price) accurately reflect the input and output association.

Offerors are required to include all documentation, analysis, data, and associated materials to support their definition of each proposed index and clearly explain how the index accurately reflects market conditions.

Offerors are required to define the log specifications to better describe the log inputs (such as minimum or maximum small or large end diameters, minimum or maximum log lengths, or log soundness) and clearly explain the relationship between the log inputs and the outputs measured in the index price.

The Forest Service will accept indices expressed in Mbf, Ccf, or ton, so long as the index price can be converted to $/Ccf.

Table 4: Framework for Task 1

Market Geographic Area Species Log Product Index Unit of Measure PNW Coast All Sawtimber Inland North All Sawtimber Inland Central All Sawtimber Inland Southwest All Sawtimber Sierra All Sawtimber

Optional work The Forest Service is interested in proposals that can expand and broaden the geographic and log product framework for our purposes. Offerors are requested to provide fully burdened pricing for the two optional items. The deliverables as defined in section 3.2 below are required from all Offerors.

Optional Item #1 The Forest Service desires to expand the species/log product groupings among the mandatory geographic areas to include species/log product groupings in addition to the sawlog product. Table 5 is an example framework, the Forest Service has included the non-sawtimber log product for example only, non-sawtimber is not a specific requirement.

Table 5: Expanded species/product definitions in Mandatory Geographic Areas Market Geographic Area Species Log Product Index Unit of Measure PNW Coast All Non Sawtimber PNW Coast All Offeror suggestion* Inland North All Non Sawtimber Inland North All Offeror suggestion* Inland Central All Non Sawtimber Inland Central All Offeror suggestion* Inland Southwest All Non Sawtimber Inland Southwest All Offeror suggestion* Sierra All Non Sawtimber Sierra All Offeror suggestion*

*All Offeror suggested species/log product combinations should be supported with the log specifications to better describe the log inputs (such as minimum or maximum small or large end diameters, minimum or maximum log lengths, or log soundness) and clearly explain the relationship between the log inputs and the outputs measured in the index price.

Optional Item #2 The Forest Service desires to expand the geographic range of the market index data. The market geographic expansion area definitions are described in table 6 below. Table 6 complements Table 3 by expanding coverage from solely National Forests in the lower 48 states west of the 100th meridian to the entire geographic area of the National Forest System.

Table 6: Expanded market geographic area definitions

Southeast National Forests in Region 8 east of Texas (26 National Forests) Mid-South Mid-South—Texas, Arkansas, Missouri (8 National Forests) Lake States Minnesota, Wisconsin, Michigan (8 National Forests) Northeast Region 9 without the Lake states (8 National Forests) Alaska All of Region 10 (2 National Forests)

The expanded species/log product groupings are described in table 7 below. In the optional expanded geographic areas, the species/product expansion must include a sawlog product and may also include additional log products at the Offeror’s choosing. The Forest Service has included the non-sawtimber for example only, non-sawtimber is not a specific requirement.

Table 7: Expanded species/product definitions in Optional Geographic Areas

Southeast All Sawtimber Southeast All Non Sawtimber Southeast All Offeror suggestion* Mid-South All Sawtimber Mid-South All Non Sawtimber Mid-South All Offeror suggestion* Lake States All Sawtimber

Lake States All Non Sawtimber Lake States All Offeror suggestion* Northeast All Sawtimber Northeast All Non Sawtimber Northeast All Offeror suggestion* Alaska All Sawtimber Alaska All Non Sawtimber Alaska All Offeror suggestion*

*All Offeror suggested species/log product combinations should be supported with the log specifications to better describe the log inputs (such as minimum or maximum small or large end diameters, minimum or maximum log lengths, or log soundness) and clearly explain the relationship between the log inputs and the outputs measured in the index price.

3.2 Deliverables:

3.2.1 Deliverable 1: Index Log

The index log is the representative average recovery yield by output for each applicable species and log product input combination in each applicable geographic region. The proportion of each output in the index log should be proportional to the volume weighted average production quantity in the representative geographic region.

Historically the Forest Service index price has been a measure of finished goods sale prices, however the Forest Service is especially interested in proposals that generate index prices that are as “close to the stump” as possible. Examples of moving “closer to the stump” would be index prices that represent delivered log (gate) or even stumpage rates for the defined index log.

If index prices are to be based on the actual sales price of lumber (FOB mill origin), the price may be collected at the time of shipping or the time of order. The Offeror must specify which they intend to use. Additionally, if a sample of lumber prices is taken, the sampling error must be no more than 5% of the index value at the 95% confidence level (2 standard errors or t=2).

The index log must be based on a 24-month period, as defined by the Offeror, but the oldest allowable data in the index log will be January 2017.

3.2.2 Deliverable 2: Monthly Index Prices

Each of the index prices is a composite price representative of the index log.

Each month the contactor shall publish the individual index price.

3.2.3 Deliverable 3: Quarterly Average Index Prices

Quarterly averages of the monthly index prices for the quarters ending March, June, September, and December.

3.2.4 Deliverable 4: Methodology for updating the Index Log

The Offeror is required to provide the methodology, tools, and personnel to be used to updating the index periodically. The Forest Service requires that the proposed time between updates is no shorter than 1 year and no longer than 5 years.

3.3 Schedule:

3.3.1 Period of performance: 07/11/21 to 3/31/2022 (base period) with four, 12-month option years – 4/1/2022-3/31/2023 thru 4/1/2025-3/31/2026.

3.3.2 Milestone 1: Index Log: Offerors to deliver their final index logs definitions and descriptions no later than September 15th/year.

3.3.3 Milestone 2: Monthly Index Prices: Beginning October 2021, and continuing for each month thereafter until contract termination, produce and deliver the monthly index prices to the Forest Service.

3.3.4 Milestone 3: Quarterly Index Prices: Beginning January 1, 2022 prepare quarterly index prices for the quarters ending March, June, September, and December. Quarterly index prices shall be sent with the monthly index prices.

3.3.5 Milestone 4: Index Log Update Methodology: Offerors to deliver their final methodology for updating the index log no later than January 1st/year, to be finalized jointly no later than March 31st/year.

Monthly and quarterly index price releases are to be prepared and delivered when first available but no later than the 10th of each month, or the next business day if the 10th falls on a weekend or federal holiday.

The typical method of delivery for such material is via secure email attachment, however the Offeror is encouraged to propose alternative delivery methods if such methods will increase delivery speed, timing, accuracy, availability, reduce cost, or positively affect the transfer of information to the Forest Service.

3.4 Assumptions

The Forest Service requires all market price information purchased under this solicitation, including index log values, descriptions, methodologies, log product, index pricing, research materials, and all other task and deliverable related materials and communications be available to all USDA agencies and employees without restriction to retransmit or share within the Agency.

4.0 Monitoring Progress/Compliance

The Government will approve work products monthly to authorize payment. At the Government's option, an audit may be conducted of the Offeror's procedures.

A pre-work meeting will be scheduled within 15 days after the date of contract award.

CLIN Unit Unit Price Quantity Price

0001 LO $ - 1 $ -

0002 LO $ - 1 $ -

0003 LO $ - 1 $ -

BASE PERIOD MARKET INDEX PRICES FOR USE IN FOREST MANAGEMENT PRICE SCHEDULE

Requirement: Base Period - Market Index Prices for Use in Forest Mangement, to include:

Index Log (x1) Monthly Index Prices (x8) Quarterly Average Index Prices (x3) Methodology for Updating the Index Log (as applicable)

TOTAL (Requirement & Both Options)

Description

Optional Item #2: Base Period - Market Index Prices for Use in Forest Mangement (expanded market geographic areas & species/product definitions), to include:

Index Log (x1) Monthly Index Prices (x8) Quarterly Average Index Prices (x3) Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

SUB-TOTAL

Optional Item #1: Base Period - Market Index Prices for Use in Forest Mangement (expanded species/product definitions), to include:

Index Log (x1) Monthly Index Prices (x8) Quarterly Average Index Prices (x3) Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

SAMPLE

O

NLY

(E xc el sp rea ds he et req uir ed for re sp on se

0004 LO $ - 1 $ -

0005 LO $ - 1 $ -

0006 LO $ - 1 $ -

$ - TOTAL (Requirement & Both Options)

SUB-TOTAL

Optional Item #1: Option Year I - Market Index Prices for Use in Forest Mangement (expanded species/product definitions), to include:

Index Log (x1) Monthly Index Prices (x12) Quarterly Average Index Prices (x4) Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

OPTION YEAR I MARKET INDEX PRICES FOR USE IN FOREST MANAGEMENT PRICE SCHEDULE

Description

Requirement: Option Year I - Market Index Prices for Use in Forest Mangement, to include:

Index Log (x1) Monthly Index Prices (x12) Quarterly Average Index Prices (x4) Methodology for Updating the Index Log (as applicable)

Optional Item #2: Option Year I - Market Index Prices for Use in Forest Mangement (expanded market geographic areas & species/product definitions), to include:

Index Log (x1) Monthly Index Prices (x12) Quarterly Average Index Prices (x4) Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

SAMPLE

el sp rea ds he et req uir ed for re sp on

0007 LO $ - 1 $ -

0008 LO $ - 1 $ -

0009 LO $ - 1 $ -

OPTION YEAR II MARKET INDEX PRICES FOR USE IN FOREST MANAGEMENT PRICE SCHEDULE

Description

Requirement: Option Year II - Market Index Prices for Use in Forest Mangement, to include:

Index Log (x1) Monthly Index Prices (x12) Quarterly Average Index Prices (x4) Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

TOTAL (Requirement & Both Options)

Optional Item #1: Option Year II - Market Index Prices for Use in Forest Mangement (expanded species/product definitions), to include:

Index Log (x1) Monthly Index Prices (x12) Quarterly Average Index Prices (x4) Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

Optional Item #2: Option Year II - Market Index Prices for Use in Forest Mangement (expanded market geographic areas & species/product definitions), to include:

Index Log (x1) Monthly Index Prices (x12) Quarterly Average Index Prices (x4) Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

SAMPLE

el sp rea ds he et req uir ed for re sp on

0010 LO $ - 1 $ -

0011 LO $ - 1 $ -

0012 LO $ - 1 $ -

OPTION YEAR III MARKET INDEX PRICES FOR USE IN FOREST MANAGEMENT PRICE SCHEDULE

Description

Requirement: Option Year III - Market Index Prices for Use in Forest Mangement, to include:

Index Log (x1) Monthly Index Prices (x12) Quarterly Average Index Prices (x4) Methodology for Updating the Index Log (as applicable)

TOTAL (Requirement & Both Options)

SUB-TOTAL

Optional Item #2: Option Year III - Market Index Prices for Use in Forest Mangement (expanded market geographic areas & species/product definitions), to include:

Index Log (x1) Monthly Index Prices (x12) Quarterly Average Index Prices (x4) Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

SUB-TOTAL

Optional Item #1: Option Year III - Market Index Prices for Use in Forest Mangement (expanded species/product definitions), to include:

Index Log (x1) Monthly Index Prices (x12) Quarterly Average Index Prices (x4) Methodology for Updating the Index Log (as applicable)

SAMPLE

el sp rea ds he et req uir ed for re sp on

0013 LO $ - 1 $ -

0014 LO $ - 1 $ -

0015 LO $ - 1 $ -

$ - TOTAL (Requirement & Both Options)

SUB-TOTAL

Optional Item #1: Option Year IV - Market Index Prices for Use in Forest Mangement (expanded species/product definitions), to include:

Index Log (x1) Monthly Index Prices (x12) Quarterly Average Index Prices (x4) Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

OPTION YEAR IV MARKET INDEX PRICES FOR USE IN FOREST MANAGEMENT PRICE SCHEDULE

Description

Requirement: Option Year IV - Market Index Prices for Use in Forest Mangement, to include:

Index Log (x1) Monthly Index Prices (x12) Quarterly Average Index Prices (x4) Methodology for Updating the Index Log (as applicable)

Optional Item #2: Option Year IV - Market Index Prices for Use in Forest Mangement (expanded market geographic areas & species/product definitions), to include:

Index Log (x1) Monthly Index Prices (x12) Quarterly Average Index Prices (x4) Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

SAMPLE

el sp rea ds he et req uir ed for re sp on

0016 LO $ - 0.5 $ -

0017 LO $ - 0.5 $ -

0018 LO $ - 0.5 $ -

Optional Item #2: FAR 52.217-8 - Market Index Prices for Use in Forest Mangement (expanded market geographic areas & species/product definitions), to include:

Index Log (x1) Monthly Index Prices (x6) Quarterly Average Index Prices (x2) Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

TOTAL (Requirement & Both Options)

FAR 52.217-8 MARKET INDEX PRICES FOR USE IN FOREST MANAGEMENT PRICE SCHEDULE

Description

Requirement: FAR 52.217-8 - Market Index Prices for Use in Forest Mangement, to include:

Index Log (x1) Monthly Index Prices (x6) Quarterly Average Index Prices (x2) Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

Optional Item #1: FAR 52.217-8 - Market Index Prices for Use in Forest Mangement (expanded species/product definitions), to include:

Index Log (x1) Monthly Index Prices (x6) Quarterly Average Index Prices (x2) Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

SAMPLE

el sp rea ds he et req uir ed for re sp on

CLIN Unit Total B+4 Total Including -varies LO $ - $ -varies LO $ - $ -varies LO $ - $ -

Description

Requirement - Market Index Prices for Use in Forest Mangement, to include:

Index Log Monthly Index Prices Quarterly Average Index Prices Methodology for Updating the Index Log (as applicable)

MARKET INDEX PRICES FOR USE IN FOREST MANAGEMENT PRICE SCHEDULE

Optional Item #2 - Market Index Prices for Use in Forest Mangement (expanded market geographic areas & species/product definitions), to include:

Index Log Monthly Index Prices Quarterly Average Index Prices Methodology for Updating the Index Log (as applicable)

TOTAL (Requirement & Both Options)

SUB-TOTAL

Optional Item #1 - Market Index Prices for Use in Forest Mangement (expanded species/product definitions), to include:

Index Log Monthly Index Prices Quarterly Average Index Prices Methodology for Updating the Index Log (as applicable)

SUB-TOTAL

SUB-TOTAL

SAMPLE

el sp rea ds he et req uir ed fo r re sp on

Combined Synopsis/Solicitation – Market Index Prices for Use in Forest Management Support Services

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OF

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS

(OCT 2018)

(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 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause 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;

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1

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(ii) Invoice date and number;

(iii) Contract number, 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-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), 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.

https://www.acquisition.gov/far/part-52#FAR_52_232_33 https://www.acquisition.gov/far/part-52#FAR_52_232_34 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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(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 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 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 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 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.acquisition.gov/far/part-33#FAR_33_211

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(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. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2

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(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

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

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

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

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

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(8) Other documents,…