DACA65-1-26-01_IFB_FTAPH_23Feb2026.pdf

INVITATION FOR BID

FOR LEASING GOVERNMENT OWNED REAL PROPERTY

FOR AGRICULTURAL PURPOSES ON

FORT A.P. HILL, BOWLING GREEN, VIRGINIA

Sealed bids, subject to the conditions contained herein, may be mailed to U.S. Army Corps of Engineers, ATTN: CENAO-Real Estate, 803 Front Street, Norfolk, VA 23510-1011 and should arrive no later than 2:00 p.m. local (EST) time, March 19, 2026. With advanced notice and a compliant REAL-ID bidders may also personally submit sealed bids to bid opening officials no later than 2:00 p.m. EST, March 19, 2026, at the U.S. Army Corps of Engineers, 803 Front Street, Norfolk, VA 23510-1011 where the bids will be opened publicly for the leasing of property of the United States as follows:

1. PROPERTY TO BE LEASED

This Invitation for Bid (IFB) does not apply to federal employees stationed at or working for Fort A.P. Hill and their immediate family members. Furthermore, this lease of government real property will not be made to civilian employees or military members of the Department of Defense (including an agent employee or member of the immediate family of such personnel) whose duties include any functional or supervisory responsibility of the management of real property under army control.

a. Location and Description. Twenty (20) separate parcels and approximately 100 acres of land located within the boundaries of Fort A.P. Hill for crop production or mowing on the southeast boundary of Fort A.P. Hill and Enon Church Firebreak and designated as Parcel Nos.

APH-006, APH-007, APH-008, APH-009, APH-010, APH-011, APH-012, APH-013, APH-014,

APH-015, APH-016, APH-017, APH-018, APH-019, APH-020, APH-021, APH-022, APH-023,

APH-024, APH-025 containing a total of approximately 100 acres, for agricultural purposes.

b. Maps. Maps of the individual tracts are attached as “Exhibit A."

c. Land Use Regulations These regulations give general guidelines to all Lessees and are attached as “Exhibit B” and will be made a part of the lease.

d. Individual Tract Plans. A Tract Management Plan for each tract is attached as “Exhibits C” and will be made a part of the lease.

e. Descriptions Approximate. The above description of the properties and map(s) are believed to be correct, but any error or omission in the description of the properties or on the map(s) shall not constitute any grounds or reason for nonperformance of the provisions and conditions of the lease or claim by the Lessee for any refund or deduction from rental.

IFB NO. DACA65-1-26-01

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2. PURPOSE OF LEASING

The property will be leased for agricultural purposes.

3. AUTHORITY OF LAW

Title 10, United States Code, Section 2667 authorizes the Government to grant leases.

4. LEASE TERMS AND CONDITIONS

a. Form of Lease. The successful respondent will be required to enter into a lease with the United States and therefore agrees to accept and be bound by the terms and conditions of the Lease, a draft attached hereto “Exhibit D”. The Land Use Regulations “Exhibit B” and Individual Tract Plan “Exhibit C” will be attached to the lease and made a part thereof.

b. Term of Leases. The term of the lease will be for up to five (5) years, beginning after

December 31, 2025 and ending on January 1, 2030 and is revocable at will by the Secretary of the Army.

c. Payment of Rental. The Lessee shall pay rental ANNUALLY, IN ADVANCE to the United States. The first year's payment will be due at the time the lease is signed and returned to this office for execution. The first payment, less the deposit, will be for the year’s first term beginning after January 1, 2026 thru December 31, 2030. Subsequent annual payments will be made on or before 1 January of each year.

d. Performance Guarantee. The Performance Guarantee ensures the Government that the Lessee will comply with the conditions of the lease agreement. The successful bidder will, within ten (10) calendar days after notice of acceptance of his bid, deliver a certified check or cashier’s check, payable to the order of “FAO USAED-Norfolk District” in an amount equal to 20% of bid value for each item. The performance deposit will be returned to the Lessee upon expiration of the lease, provided that the Lessee is in full compliance with the lease terms and conditions. In lieu of payment of the Performance Guarantee by a certified check or cashier’s check, the Lessee may furnish an irrevocable, open-ended letter of credit in a form acceptable to the Government.

The Performance Guarantee is not due at the bid opening and should not be included in the envelope with your bid. However, the successful bidder may present the Performance Guarantee immediately after the bid opening.

e. Soil Conservation. See General Land Use Regulations “Exhibit B,” Individual Tract Plan “Exhibit C” and the NRCS Soil Conservation Plan.

f. Warranty. The property described herein will be leased subject to the provisions and conditions of the IFB and the attached lease form.

The property is now subject to inspection by prospective bidders. Bidders are expected to inspect the property and form their own conclusion as to its suitability for their purposes. The failure of any bidder to make such an inspection will not constitute grounds for any claim or adjustment or for the withdrawal of his/her bid after the time of opening bids. It is to be understood and agreed that there is no warranty of any kind other than that expressly stated in the IFB.

g. Inspection of Property. Please contact Andrew Willey, Chief District Forester, US Army Corps of Engineers – Norfolk District, telephone: (757) 201-7804 to schedule an inspection date and time. Inspections may be scheduled in advance for Monday through Friday from 9:00 a.m. to 1:00 p.m. EST. INSPECTIONS BY ALL PROSPECTIVE BIDDERS ARE

ENCOURAGED.

h. Deposit Required. No bid will be considered unless it is accompanied by a deposit in an amount equal to and not less than five-hundred dollars ($500.00) and twenty percent (20%) of the amount of the annual rental offered for sum of all tracts. Such deposit must be in the form of a certified check or cashier's check made payable to “FAO-USAED-Norfolk. CASH WILL

NOT BE ACCEPTED.

The deposit of the successful bidder will be retained by the Government to apply against the total payment of rental offered. Deposits of unsuccessful bidders will be returned, without interest, as promptly as possible after rejection.

i. Acceptance of Bids. All bids will remain open for acceptance or rejection for a period of thirty (30) days from the date of opening bids. Notice of award will be given to the successful bidder(s) as soon after the date of opening bids as practicable. Notice by the Government of the acceptance of a bid, if not given to the successful bidder personally, or to a duly authorized representative of such bidder, will be deemed to have been sufficiently given when mailed to the bidder at the address shown in his bid.

j. Rejection of bids. The Government reserves the right to reject any and all bids and to waive any minor informality in the bids received, and to accept or reject any items of any bids, unless such bid is qualified by specific limitation. Bids will not be accepted from anyone who is in noncompliance with any existing lease.

k. Award of Lease. Leases will be awarded to the respondent with the highest-priced offer, complying with the terms and conditions of this IFB, provided that the bidder is responsible, his bid is reasonable, and it is in the best interest of the United States to accept it. Bidders past non-compliance history and delinquent rental payment history will be taken into account when evaluating bids. Award of the lease is also contingent upon the prospective Lessee passing a background check in order to gain access to the leased property.

Within thirty (30) days after receipt of written notification from the Government that his bid has been accepted, the successful bidder must (1) sign and return all copies of the lease, (2) provide payment for the balance of rent due, and (3) provide an acceptable check, cashier’s check, or letter of credit equal to the Performance Guarantee provided above. Farming operations may NOT commence until such time a lease has been fully executed by the United States.

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l. Default. In the event the successful bidder fails to enter into a lease within thirty

(30) days after receipt of Government notification that his offer has been accepted, or in the event that the successful bidder fails to otherwise comply with the terms of this IFB, the Government may declare him in default and retain the deposit as liquidated damages. The deposit may be applied by the Government to any Government loss, cost or expense incurred in leasing the property and any difference between the rentals for another lease, if the latter amount is less. The bidder is liable for the full amount of damages sustained by the Government because of his default;

such liability is not limited to the amount of the bidder's deposit.

In instances where the Government cannot successfully award the lease to the next highest bidder or other qualified bidder, the defaulting bidder may farm the leased land after providing (1) the signed lease, (2) balance of first year’s rent, and (3) an acceptable certified check, cashier’s check, or letter of credit equal to the Performance Guarantee amount listed above. The lease in this case, shall be for a one-year period only. If the defaulting bidder does not want to lease the premises for one-year, he must pay the balance of the first year’s rent as liquidated damages.

THE SUBMISSION OF A BID ON THIS IFB CONSTITUTES AGREEMENT BY THE

BIDDER TO BE BOUND BY THE PROVISIONS OF THIS DEFAULT CLAUSE.

m. Covenant Against Contingent Fees. The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability or, at its discretion, to require the Lessee to pay, in addition to the lease rental or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

5. INSTRUCTIONS TO BIDDERS

a. Bids subject to these terms.

(1) Bids should be based on performance of all services required in the Land Use Regulations “Exhibit B” and Individual Tract Plan “Exhibit C.” In preparing a bid where services are to be performed, consider the costs of labor, materials, supplies and equipment needed to provide these services. The Government considers timely performance of these services to be as essential as timely payment of cash rent. Failure to perform such services when specified may result in lease revocation and collection of the Performance Guarantee as liquidated damages for the value of these services.

(2) Bids should be submitted with the understanding that the Lessee is allowed to participate in U.S. Department of Agricultural (USDA) programs to the extent that no conflict exists with the installation’s agricultural objectives. Simply stated, the agricultural leasing program requirements take precedence over USDA provisions, i.e. when crops are to be planted.

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(3) The Lessee must consult with the Installation's Natural Resource Land Manager as to what cover crop to plant should he wish to deviate from the crop rotation plan as described in the Tract Management Plan.

(4) All bids submitted shall be deemed to have been made with full knowledge of all terms, conditions and requirements herein contained, including those set forth in the Land Use Regulations “Exhibit B” and Individual Tract Plan “Exhibit C.”

(5) Bids may be submitted per item. Qualifying statements such as "first choice" or "second choice," acreage limitations, etc. will not be honored and will be considered a non-responsive bid. The decision of the Real Estate Contracting Officer representing the United States is final and without recourse to any bidder to appeal therefrom, provided such is made in a manner determined to be in the best interest of the Government.

a. Bid Form. Bids must be submitted on the Bid Form “Exhibit E” attached hereto. Additional copies of the IFB and Bid Form may be obtained from Andrew Willey, telephone (757) 201-7804. Email Andrew.G.Willey@usace.army.mil or Andrew Satterwhite, telephone: (804) 633-8750, email: Andrew.T.Satterwhite.civ@army.mil. One Bid Form listing all bid items in one envelope is sufficient.

b. Execution of Bids. Each bid must give the full address of the bidder(s) and be signed with his usual signature.

i. If the bidder is a corporation, the Corporate Certificate included in this IFB, must be executed “Exhibit F”. The certificate must be executed by some duly authorized officer of the corporation other than the officer signing the bid. In lieu of the Corporate Certificate, the Corporation may submit other documents satisfactory to the Government which indicate the officer’s authority to sign.

ii. If the bidder is a partnership, and all partners sign the bid, with a notation that they are all general partners, the Government will not ordinarily require any further proof of the existence of the partnership. If all the partners do not sign the bid, the Partnership Certificate included in this IFB, must be executed.

c. Submission of Bids. It will be the responsibility of each bidder to see that his bid is delivered by the time, date and place prescribed in the IFB. Bids received prior to the time of opening will be securely kept and unopened. The government representative whose duty it is to open the bids will declare the moment that specified time has arrived as bids being closed and no bid or modification of a bid, or withdrawals of a bid, received thereafter will be considered. The only exception is bids received before award is made, but delayed in the mail by occurrences beyond the control of the bidder. Such exceptions may be considered if written certification is furnished by authorized postal authorities to that effect. No responsibility will be attached for the premature opening of a bid not properly addressed and identified as mailto:Andrew.G.Willey@usace.army.mil mailto:Andrew.T.Satterwhite.civ@army.mil

[ 6 ] described in Paragraph 5g. All notifications of a bid or bid withdrawal must be received in writing prior to the bid opening.

d. Withdrawal of Bids. Bids may be withdrawn only by written request received from bidders prior to the time fixed for opening bids. Negligence in preparing the bid confers no right to withdraw the bid after it has been opened. If the successful bidder decides after the bid opening does not want to sign the lease, the default paragraph applies.

e. Opening of Bids. At the time fixed for the opening of bids, bid contents will be made public to bidding parties and those in attendance.

f. Marking and Sealing Bids. The following items must be enclosed in a sealed envelope, marked and addressed as shown below.

(1) Bid Form - One Bid Form listing all interested bids is sufficient

(2) Bid Deposit Check(s) – A separate deposit check is required for each individual tract and shall be in the amount equal to and not less than five-hundred dollars ($500.00) and twenty percent (20%) of the amount of the annual rental offered for sum of all tracts.

ENVELOPE:

Bidder’s Name Bidder’s Return Address

U.S. Army Corps of Engineers Norfolk District Attn: CENAO-Real Estate 803 Front Street Norfolk, VA 23510-1011

SEALED BID

To be opened:

TIME: 2:00 p.m. EST DATE: March 19, 2026

INVITATION NO. DACA65-1-26-01

g. Pre-Bid Conference. A representative of the U.S Army Corps of Engineers, Norfolk

District, Real Estate Division, will be available in the Acquisition, Management, and Disposal Section of Real Estate at the Norfolk District office prior to the actual bid opening beginning at 1:00 p.m. EST on March 19, 2026 to conduct a pre-bid conference. The terms and conditions of the lease and bid requirements will be addressed, as well as any other questions on existing leases.

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h. Additional Information. Should there be any questions or additional information needed, please contact Andrew Willey – Chief District Forester as the primary Real Estate Representative, telephone: (757) 201-7804, email: Andrew.G.Willey@usace.army.mil

6. DATA REQUIRED BY THE PRIVACY ACT OF 1974

The personal information requested on the IFB and lease document, as authorized by 10 U.S.C. 2667, is needed and will be used to contact bidders, and in the case of the successful bidder, to prepare the lease. The lease document, containing the Lessee's address, will be made available to the public upon request. The furnishing by the bidder of his telephone number and/or email address is voluntary and will have no effect on his bid.

7. DATA REQUIRED BY THE DEBT COLLECTION IMPROVEMENT ACT OF

For the offer to be valid, a complete Request for Grantee Social Security Number and/or Taxpayer ID Number form must be included with your offer “Exhibit G”. The Corps of Engineers requires each person doing business with the agency to furnish such person’s taxpayer identification number. This information is mandatory under the Debt Collection Improvement Act of 1996, Public Law 104-134, April 26, 1996, 110 Stat 1321-358. The agency intent is to use such number for purpose of collecting and reporting on any delinquent amounts arising out of such person’s relationship with the Government. Failure to provide accurate information may result in your lease request being denied.

mailto:Andrew.G.Willey@usace.army.mil

IFB No. DACA65-B-26-01 Fort A.P. Hill

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Exhibit A Parcel Maps

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Exhibit B General Land Use Regulations

a. Prior to the end of the first lease year, the lessee shall provide a Soil & Water Quality

Conservation Plan (SWQCP) specifying soil and water conservation best management practices to be applied on all parcels described herein. The plan shall demonstrate compliance with all applicable federal and state regulations with emphasis on the Clean Water Act and Chesapeake Bay Preservation Act and initiatives. The plan must be approved by the local Virginia Soil & Water Conservation District prior to the end of the first lease year. The Hanover-Caroline Soil & Water Conservation District (804) 537-5225 may be contacted for assistance in this requirement. The Fort A. P. Hill Technical Representative may also assist the lessee with coordination of this requirement.

b. The lessee(s) shall be responsible for knowing the boundaries of each lease field and for conducting all agricultural operations within these boundaries. Operations conducted outside the lease areas will be considered as a lease violation and necessary action will be taken.

c. It will be necessary for the successful bidder(s) to comply with existing federal regulations and state certification and regulations in the application of all commercial agricultural material used by the lessee(s) which include but are not limited to the use of insecticides, fungicides, larvicides, herbicides, pesticides, lime, fertilizer and seed. No mixing of pesticides or fertilizer shall be done on the installation without prior approval from the Government Representative.

The type and amount of pesticide and fertilizer to be used must be reported in writing to the Government Representative prior to application. An annual summary report of actual quantities applied, including name, formula and amount of active ingredient and finished spray, must be submitted to the government representative prior to 1 January of each year. Violation of these provisions will result in termination of the lease.

d. The number, size and configuration of the parcels may be changed at the discretion of the Government Representative, after prior notice has been given the lessee(s). In the event that the total acreage is increased by less than five percent (5%) of the total original acreage, no increase in the total bid price will be required. If the increase exceeds the 5% level, the total cash payment will be increased proportionately. Should the modification of the configuration of the fields by the Government reduce the total acreage, the lessee's annual cash payment will be reduced proportionately.

e. The Government reserves the right to utilize for training and recreate around and within the leased areas. The leased areas may be used by the Army for troop training when determined necessary by the installation Commander. The lessee(s) may request a reduced payment for damages in excess of five percent (5%) of the total acreage to any agricultural crop resulting from military operations or recreational pursuits on the leased area.

f. Unless otherwise directed, the lessee(s) may enter lease area(s) on a daily basis to perform agricultural operations. The lessee(s) shall be required to follow Fort A.P. Hill's access control policy which includes a criminal background check. The Government representative will provide all required forms to the lessee(s) and facilitate this requirement.

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a. REAL ID Requirement

i. Fort A.P. Hill began requiring a REAL ID compliant identification card on

7 May 2025 to enter the facility pursuant to the REAL ID Act of 2005. However the following is an exemption for those individuals requesting installation access currently without a REAL ID compliant card.

ii. Without the aforementioned in (i) REAL ID compliant identification card the individual requesting access will need a Passport, without a Passport the individual will need a certified copy of their Birth Certificate and Social Security Card.

g. The Lessee(s) shall assume all costs for farming on said property.

h. Wildlife plantings bordering these fields consisting of trees, shrubs, grains or lespedeza, will not be disturbed or damaged.

i. The lessee(s) shall take no action to discourage wildlife use on the leased land area(s) i.e., noise makers, permits to harvest or remove nuisance animals, fencing, repellents, etc. The lessee(s) shall not be compensated for crops that have been damaged by wildlife.

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Exhibit C Individual Tract Plans

a. Bid Item Number 1:

(1) CROPS – The lessee will be allowed to plant these areas into hay or agricultural crops of their choice.

(2) HAY /MOW - The land designated for HAY /MOW is not considered suitable for agricultural crop production due to unsuitable soil, topography, or shading. The lessee will be allowed to maintain and harvest the existing vegetation for hay or the lessee may establish a new hay crop to maintain and harvest. The hay may be harvested twice during the growing season. The early cutting shall be prior to 15 June and the late cutting from 01 September thru 15 October. The lessee has the option of harvesting or mowing the hay once during the growing season. All areas designated HAY/MOW must be cut at least once per year. If cut once a year, it shall be accomplished between 1 September thru 15 October. If the lessee selects to establish a new hay crop, the lessee will be required to use techniques that will not allow soil erosion to take place. Several small sections (gated entrances, etc.) may be used heavily by troops and must be kept in their present open condition. The lessee shall be required not to plow or plant these areas, but the lessee shall be required to harvest or mow these areas once during the growing season.

(3) At any point during the lease term; fire breaks, lines, or any other form of wildfire suppression may be installed across or within the boundary of these parcels for the purpose of suppressing wildfire activity within the installation

(4) Parcel Nos. APH-006 & APH-007 ONLY: A Cultural Resource Protection Area (CRPA) lies outside the boundary of these parcels. Its boundary will be delineated on the ground. No disturbance of any kind shall be permitted within the CRPA.

(5) Parcel Nos. APH 016 & APH 17 ONLY: A wetland buffer/ Riparian Protection Area (RPA) exist in between the two parcels, outside of their boundaries and will be delineated on the ground. No disturbance of any kind shall be permitted within the RPA.

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Exhibit D Example Lease

DEPARTMENT OF THE ARMY LEASE

FOR AGRICULTURAL OR GRAZING PURPOSES

LOCATED AT FORT A.P. HILL

FORT A.P. HILL, VIRGINIA

THIS LEASE, made on behalf of the United States, between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and LESSEE’S NAME OR CORPORATION, hereinafter referred to as the Lessee, WITNESSETH:

That the Secretary, by authority of Title 10, United States Code, Section 2667, and for the consideration set forth herein, hereby leases to the Lessee the property hereinafter identified as Bid Item 2, containing 20 parcels and approximately 100 acres for crop production or mowing on the southeast boundary of Fort A.P. Hill and Enon Church Firebreak. All portions of Bid Item 2 are located inside the boundaries of Fort A.P. Hill as shown in Exhibit “A”, attached hereto and made a part hereof, hereinafter referred to as the premises, and in accordance with the Land Use Regulations identified in Exhibit “B”, and the Individual Tract Plan identified in Exhibit “C”, which are included and made a part hereof.

THIS LEASE is granted subject to the following conditions:

1. TERM

Said premises are hereby leased for a term of fiver (5) crop production or mowing, beginning after 31 December 2025 and ending on 1 January 2030, renewable for an additional five (5) years with one (1) renewal option for an additional five (5) years, revocable at will by the Secretary.

2. OPTION TO RENEW

This lease may be renewed for an additional five (5) year term without competition under the following conditions. One hundred and eighty (180) days prior to expiration date of this lease, the Lessee shall provide a written request to the District Engineer, Attention: Chief Real Estate Office, Norfolk District, Corps of Engineers, 803 Front Street, Norfolk, Virginia 23510, of the Lessee’s desire to renew the lease. If the Lessee is considered to have performed satisfactorily under this lease, is willing to pay the then fair market rental value, and the property is determined to be available for continued agricultural use by the said officer, this lease may be extended for an additional five (5) year term, beginning on the date of present expiration, by mutual supplemental agreement to this lease.

3. CONSIDERATION

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a. The Lessee shall pay rental to the United States in the amount of $ payable in advance of 04/01/2026 and thereafter annually in advance of January 1, of each year, beginning in 2026, payable to the order of the "FAO USAED-Norfolk", and forwarded by the Lessee direct to US. Army Engineering District-Norfolk, Attention Real Estate Office, 803 Front Street, Norfolk, Virginia 23510.

b. All rent and other payments due under the terms of this lease must be paid on or before the date they are due in order to avoid the mandatory sanctions imposed by the Debt Collection Act of 1982, (31 U.S.C. Section 3717). This statute requires the imposition of an interest charge for the late payment of debts owed to the United States; an administrative charge to cover the costs of processing and handling delinquent debts; and the assessment of an additional penalty charge on any portion of a debt that is more than 90 days past due. The provisions of the statute will be implemented as follows:

(1) The United States will impose an interest charge, the amount to be determined by law or regulation, on late payment of rent. Interest will accrue from the due date. An administrative charge to cover the cost of processing and handling each late payment will also be imposed.

(2) In addition to the charges set forth above, the United States will impose a penalty charge of six percent (6%) per annum on any payment or portion thereof, more than ninety (90) days past due. The penalty shall accrue from the date of delinquency and will continue to accrue until the debt is paid in full.

(3) All payments received will be applied first to any accumulated interest, administrative and penalty charges and then to any unpaid rental or other payment balance.

Interest will not accrue on any administrative or late payment penalty charge.

4. NOTICES

All correspondence and notices to be given pursuant to this lease shall be addressed, if to the lessee, to the addressee as shown on page one, and if to the United States, to the District Engineer, Attention: Chief, Real Estate Office, Norfolk District, Corps of Engineers, 803 Front Street, Norfolk, Virginia 23510 or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service.

5. AUTHORIZED REPRESENTATIVES

Except as otherwise specifically provided, any reference herein to "Secretary", "District

Engineer", "Project Manager" or "said officer", include their duly authorized representatives. Any reference to "Lessee" shall include any sub lessees, assignees, transferees, successors and their duly authorized representatives.

6. SUPERVISION BY THE DISTRICT ENGINEER

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The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer, Norfolk District, hereinafter referred to as said officer, and to such rules and regulations as may be prescribed from time to time by said officer.

7. APPLICABLE LAWS AND REGULATIONS

The Lessee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located.

8. CONDITION OF PREMISES

The Lessee acknowledges that it has inspected the premises, knows its condition, and understands that the same is leased without any representation or warranties whatsoever and without obligation on the part of the United States to make any alterations, repairs or additions thereto.

9. TRANSFERS AND ASSIGNMENTS

Without prior written approval of the District Engineer, the Lessee shall neither transfer nor assign this lease, nor sublet the premises or any part thereof, nor grant any interest, privilege or license whatsoever in connection with this lease. Failure to comply with this condition shall constitute a noncompliance for which the lease may be revoked immediately by the District Engineer.

10. COST OF UTILITIES

The Lessee shall pay the cost, as determined by the officer having immediate jurisdiction over the premises, of producing and/or supplying any utilities and other services furnished by the Government or through Government-owned facilities for the use of the Lessee, including the Lessee's proportionate share of the cost of operation and maintenance of the Government-owned facilities by which such utilities or services are produced or supplied. The Government shall be under no obligation to furnish utilities or services. Payment shall be made in the manner prescribed by the officer having such jurisdiction.

11. PROTECTION OF PROPERTY

The Lessee shall keep the premises in good order and in a clean, safe condition by and at the expense of the Lessee. The Lessee shall be responsible for any damage that may be caused to property of the United States by the activities of the Lessee under this lease and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the Lessee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Lessee to a condition satisfactory to said officer, or at the election of said officer, reimbursement shall be made therefor by the Lessee in an amount necessary to restore or replace the property to a condition satisfactory to said officer.

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12. RENTAL ADJUSTMENT

In the event the United States revokes this lease or in any other manner materially reduces the leased area or materially affects its use by the Lessee prior to the expiration date, an equitable adjustment will be made in the rental paid or to be paid under this lease. Where the said premises are being used for farming purposes, the Lessee shall have the right to harvest, gather and remove such crops as may have been planted or grown on said premises, or the District Engineer may require the Lessee to vacate immediately and, if funds are available, compensation will be made to the Lessee for the value of the remaining crops. Any adjustment of rent or the right to harvest, gather and remove crops shall be evidenced by a written supplemental agreement, executed by the District Engineer; PROVIDED, however, that none of the provisions of this paragraph shall apply in the event of revocation because of noncompliance by the Lessee with any of the terms and conditions of this lease and in that event any remaining crops shall become property of the United States upon such revocation.

13. RIGHT TO ENTER AND FLOOD

The right is reserved to the United States, its officers, agents and employees to enter upon the premises at any time and for any purposes necessary or convenient in connection with government purposes; to make inspections; to remove timber or other materials, except property of the Lessee, and/or to make any other use of the lands as may be necessary in connection with government purposes, and the Lessee shall have no claims for damages on account thereof against the United States or any officer, agent or employee thereof.

14. INDEMNITY

The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the Lessee, or for damages to the property or injuries to the person of the Lessee's officers, agents or employees or others who may be on the premises at their invitation or the invitation of any one of them, and the Lessee shall hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors.

15. RESTORATION

On or before the expiration of this lease or its termination by the Lessee, the Lessee shall vacate the premises, remove the property of the Lessee and restore the premises to a condition satisfactory to said officer. If, however, this lease is revoked, the Lessee shall vacate the premises, remove said property and restore the premises to the aforesaid condition within such time as the said officer may designate or as otherwise specified. In either event, if the Lessee shall fail or neglect to remove said property and restore the premises, then, at the option of said officer, the property shall either become the property of the United States without compensation therefor, or the said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and

[ 33 ] restoration work. The Lessee shall also pay the United States on demand any sum which may be expended by the United States after the expiration, revocation or termination of this lease in restoring the premises.

16. SUBJECT TO EASEMENTS

This lease is subject to all existing easements, or those subsequently granted as well as established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the Lessee, and easements will not be granted which will, in the opinion of the District Engineer, interfere with the use of the premises by the Lessee.

17. SUBJECT TO MINERAL INTERESTS

This lease is subject to all outstanding mineral interests. As to federally owned mineral interests, it is understood that they may be included in present or future mineral leases issued by the Bureau of Land Management (BLM) which has responsibility for mineral development of Federal lands. The Secretary will provide lease stipulations to BLM for inclusion in said mineral leases that are designed to protect the premises from activities that would interfere with the Lessees operations or would be contrary to local law.

18. TERMINATION

This lease may be terminated by the Lessee at any time by giving at least sixty (60) days’ notice thereof, in writing, to the District Engineer. In the case of such termination, no refund by the United States of any rental previously paid shall be made and payment in full of all rent becoming due during the period of notice will be required. In the event the effective date of termination occurs after the start of the grazing, planting or harvesting season as specified in the Land Use Requirements, any rent due for the balance of the annual term, or the rental due for the remaining term of the lease is for less than one year, shall be due and payable on or before the date of such termination.

19. PROHIBITED USES

a. Certain soil conservation practices may be required by the Land Use Requirements which are identified as rental offsets. By acceptance of such offsets, the Lessee agrees that he will not accept any Federal or State cost-sharing payments or subsidies for the same soil conservation practices.

b. The Lessee shall not construct or place any structure, improvement or advertising sign or allow or permit such construction or placement without prior written approval of the District Engineer.

20. PROTECTION OF NATURAL RESOURCES

The Lessee shall use the premises in accordance with the attached Land Use Requirements and shall at all times: (a) maintain the premises in good condition and free from weeds, brush, [ 34 ] washes, gullies and other erosion which is detrimental to the value of the premises for agricultural purposes; (b) cut no timber, conduct no mining operations, remove no sand, gravel or kindred substances from the premises; ( c) commit no waste of any kind nor in any manner substantially change the contour or condition of the premises except changes required to accomplish soil and water conservation measures as may be authorized by said officer.

21. DISPUTES

a. Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. Sections 601-

613) (the Act), all disputes arising under or relating to this lease shall be resolved under this clause and the provisions of the Act.

b. "Claim," as used in this clause, means a written demand or written assertion by the

Lessee seeking, as a matter of right, the payment of money in a sum certain, the adjustment of interpretation of lease terms, or other relief arising under or relating to this lease. A claim arising under this lease, unlike a claim relating to this lease, is a claim that can be resolved under a lease clause that provides for the relief sought by the Lessee. However, a written demand or written assertion by the Lessee seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph c. (2) below. The routine request for rental payment that is not in dispute is not a claim under the Act. The request may be converted to a claim under the Act, by this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

c. (1) A claim by the Lessee shall be made in writing and submitted to the District Engineer for a written decision. A claim by the Government against the Lessee shall be subject to a written decision by the District Engineer.

(2) For Lessee claims exceeding $100,000, the Lessee shall submit with the claim a certification that:

(i) The claim is made in good faith;

(ii) Supporting data are accurate and complete to the best of the Lessee's knowledge and belief; and

(iii) The amount requested accurately reflects the lease adjustment for which the Lessee believes the Government is liable.

(3) If the Lessee is an individual, the certificate shall be executed by that individual. If the Lessee is not an individual, the certification shall be executed by:

(i) A senior company official in charge at the Lessee's location involved;

or

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(ii) An officer or general partner of the Lessee having overall responsibility of the conduct of the Lessee's affairs.

d. For Lessee claims of $100,000 or less, the District Engineer must, if requested in writing by the Lessee, render a decision within 60 days of the request. For Lessee-certified claims over $100,000, the District Engineer must, within 60 days, decide the claim or notify the Lessee of the date by which the decision will be made.

e. The District Engineer's decision shall be final unless the Lessee appeals or files a suit as provided in the Act.

f. At the time a claim by the Lessee is submitted to the District Engineer or a claim by the Government is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of dispute resolution. When using alternate dispute resolution procedures, any claim, regardless of amount, shall be accompanied by the certification described in paragraph c.

(2) of this clause, and executed in accordance with paragraph c.(3) of this clause.

g. Government shall pay interest on the amount found due and unpaid by the

Government from (1) the date the District Engineer received the claim (properly certified if required), or (2) the date payment otherwise would be due, if that date is later, until the date of payment. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury, as provided in the Act, which is applicable to the period during which the District Engineer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. Rental amounts due to the Government by the Lessee will have interest and penalties as set out in the Condition on CONSIDERATION.

h. The Lessee shall proceed diligently with performance of the lease, pending final resolution of any request for relief, claim, appeal, or action arising under the lease, and comply with any decision of the District Engineer.

22. ENVIRONMENTAL PROTECTIONS

a. Within the limits of their respective legal powers, the parties to this lease shall protect the premises against pollution of its air, ground and water. The Lessee shall comply with any laws, regulations, conditions or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions or instructions in effect or prescribed by the said Environmental Protection Agency, or any Federal, state, interstate or local governmental agency are hereby made a condition of this lease. The Lessee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance.

b. The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs arising from activities of the Lessee, the Lessee shall be liable to restore the damaged resources.

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c. The Lessee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises.

d. A copy of the Environmental Condition of Property for the tracts being lease are attached as Exhibit "D" and made a permanent part of this lease. These documents show the environmental condition of the leased land as of the date of the documents the lessee hereby acknowledges a copy of the documents and findings therein.

23. HISTORIC PRESERVATION

The Lessee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the Lessee shall immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed.

24. SOIL AND WATER CONSERVATION

The Lessee shall maintain, in a manner satisfactory to said officer, all soil and water conservation structures that may be in existence upon the premises at the beginning of or that may be constructed by the Lessee during the term of this lease, and the Lessee shall take appropriate measures to prevent or control soil erosion within the premises. Any soil erosion occurring outside the premises resulting from the activities of the Lessee shall be corrected by the Lessee as directed in writing by the District Engineer.

25. TAXES

Any and all taxes imposed by the state or its political subdivisions upon the property or interest of the Lessee in the premises shall be promptly paid by the Lessee. If and to the extent that the property owned by the Government is later made taxable by State or local governments under an Act of Congress, the lease shall be renegotiated.

26. COVENANT AGAINST CONTINGENT FEES

The Lessee warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, percentage, brokerage or contingent fees, accepting bona fide employees or established commercial or selling agencies maintained by the Lessee for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to annul this lease without liability or, in its discretion, to require the Lessee to pay, in addition to the lease rental or consideration, the full amount of such commission, percentage, brokerage or contingent fee.

27. OFFICIALS NOT TO BENEFIT

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No member of or delegate to congress or resident commissioner shall be admitted to any share or part of this lease or to any benefits to arise therefrom. However, nothing herein contained shall be construed to extend to any incorporated company if this lease is for the general benefit of such corporation or company.

28. SEVERAL LESSEES

If more than one Lessee is named in this lease, the obligations of said Lessees herein named shall be joint and several obligations.

29. MODIFICATIONS

This lease contains the entire agreement between the parties hereto, and no modifications of this agreement, or waiver, or consent hereunder shall be valid unless the same be in writing, signed by the parties to be bound or by a duly authorized representative and this provision shall apply to this condition as well as other conditions of this lease.

30. DISCLAIMER

This lease is effective only insofar as the rights of the United States in the premises are concerned. The Lessee shall obtain any permit or license which may be required by Federal, state or local statute in connection with the use of the premises. It is understood that the granting of this lease does not preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 USC Section 403), and Section 404 of the Clean Waters Act (33 USC Section 1344).

31. DETERMINATION REGARDING EXECUTIVE ORDER 13658

Any reference in this section to “prime contractor” or “contractor” shall mean the Lessee and any reference to “contract” shall refer to the Lease.

The parties expressly stipulate this contract is subject to Executive Order 13658, the regulations issued by the Secretary of Labor in 29 CFR Part 10 pursuant to the Executive Order, and the following provisions.

a. Minimum Wages.

1. Each worker (as defined in 29 CFR 10.2) engaged in the performance of this contract by the prime contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the contractor and worker, shall be paid not less than the applicable minimum wage under Executive Order 13658.

2. The minimum wage required to be paid to each worker performing work on or in connection with this contract between January 1, 2026, and December 31, 2026 shall be $13.65

[ 38 ] per hour. The minimum wage shall be adjusted each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all workers subject to the Executive Orders beginning January 1 of the following year. If appropriate, the contracting officer, or other agency official overseeing this contract shall ensure the contractor is compensated only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2015. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor Web site). The applicable published minimum wage is incorporated by reference into this contract.

3. The contractor shall pay unconditionally to each worker all wages due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 10.23), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Executive Order may not be of any duration longer than semi-monthly.

4. The prime contractor and any upper-tier…