Fort_Drum_IFB_B-27-04_18Aug2026.pdf

NAO FORM RE-01-Fort Drum [1]

AUG 2026

MAIL BID TO: CHIEF, REAL ESTATE OFFICE

ATTN: CENAO-RE-D TIMBER SALES

U.S ARMY ENGINEER DISTRICT, NORFOLK

803 FRONT STREET

NORFOLK, VA 23510-1011

(See page 6 for further details)

Sale of

Government-Owned

Forest Products

(SEE PRIVACY ACT STATEMENT BELOW BEFORE COMPLETING THIS FORM)

Harvest Location: Fort Drum Military Installation, Fort Drum, New York

PAGE NUMBER 1 OF 27 PAGES

INVITATION NUMBER: DACA65-B-27-04

DATED: 18 August 2026 Sealed bids in SINGLE copy, subject to the terms and conditions set forth herein, for the purchase and removal of the Government-owned property listed in this invitation, will be received until the time, date, and at the place indicated below, and then publicly opened.

TIME OF OPENING: 2:00 p.m. EASTERN STANDARD TIME

DATE OF OPENING: THURSDAY 17 September 2026

PLACE OF OPENING: Acquisition, Management, and Disposal Section, Real Estate Office, 803 Front Street, Norfolk, VA

BID DEPOSIT OF 20 % OF TOTAL AMOUNT BID OR AS OTHERWISE

INDICATED IS REQUIRED BY CASHIERS CHECK, CERTIFIED CHECK, OR

POSTAL MONEY ORDER PAYABLE TO: FAO, U. S. Army Corps of Engineers.

INSPECTION INVITED TUESDAY September 1, 2026, AT 9:00 a.m. For areas not available

TUESDAY there may be opportunity MONDAY August, 31, 2026 mid to late afternoon. THESE

DATES WILL BE THE ONLY TIMES AVAILABLE. PLEASE ARRANGE WITH:

Privacy Act Statement. The purpose of this invitation is to solicit bids from prospective forest product purchasers to determine the best qualified bidder, price and other consideration included. Information required from bidder is voluntary;

however, failure to furnish such information would disqualify bid. Authority: 40 USC 484, Federal Property and

Administrative Services Act of 1949 and Federal Property Management Regulation, Section 101-47.302-2(a)(3).

DO NOT REMOVE PAGES FROM INVITATION

US Army Corps of Engineers

REAL ESTATE

CONTRACTING OFFICER’S REPRESENTATIVE:

Mr. Andrew Willey-Norfolk District Representative

CELL# (757) 516-3538

EMAIL: andrew.g.willey@usace.army.mil mailto:andrew.g.willey@usace.army.mil

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-04 Page 2 of 27

NAO FORM RE-01-Fort Drum [2]

Paragraph Page

Title 1

Index 2

Bid Sheets 3-4

Description of Timber Sales Area 6

SECTION II - INSTRUCTIONS TO BIDDERS 7-9

Knowledge of Sale Terms and Conditions 1 7

Inspections 2 7

Preparation and Submittal of Bids 3 7

Late Bids, Modifications of Bids or Withdrawal of Bids 4 8

Bid Deposit 5 8

Bid Openings 6 8

Award of Contract 7 8-9

Reservation of Rights 8 9

SECTION III - GENERAL TERMS AND CONDITIONS OF SALE 10-14

Definitions 1 10

Condition of Property 2 10

Performance Guarantees 3 10

Payments 4 10

Late Payment Charge 5 10-11

Quantity Determination in Unit Price Sales 6 11

Title and Risk of Loss 7 11

Default 8 11

Disputes 9 11

Equipment 10 11

Work Performance 11 11

Extension of Time 12 11-12

Supervision of Work 13 12

Utility Lines and Fences 14 12

Fire Fighting and Fire Laws 15 12

Security Regulations 16 12

Accident Prevention 17 12-13

Termination or Suspension of Contract 18 13

Covenant Against Contingent Fees 19 13

Tree Marking Painting and Equipment 20 13

Records 21 13

Gratuities 22 13

Withdrawal of Property After Award 23 13

Liability for Damages 24 14

Oral Statements and Modifications 25 14

Metal Contamination 26 14

Officials Not to Benefit 27 14

Notices 28 14

Contract Assignment 29 14

SECTION IV - SPECIAL TERMS AND CONDITIONS OF SALE 15-17

Commencement 1 15

Schedule of Removal and Completion 2 15

Periods of Operation 3 15

Description and Location of Timber 4 15

Environmental Protection 5 15

Harvesting Requirements 6 15-17

EXHIBITS 18-19

Notification of Work Completion EXHIBIT A 18

Fort Drum Sliding Scale for Sawlogs EXHIBIT B 19

ENCLOSURES 20-27

General Harvest Area Proximity Map ENCLOSURE 1 20

Harvest Unit Maps ENCLOSURE 2-1 thru 2-6 21-27

NAO FORM RE-01 Fort Drum [3]

SALE OF GOVERNMENT FOREST PRODUCTS

BID AND AWARD

Invitation For Bid No.

DACA65-B-27-04

Page

BID

(This Section to be completed by the Bidder)

DATE OF BID

17 September 2026

In compliance with the Invitation identified on the cover page hereof, and subject to all the sale terms and conditions contained in

Instructions to Bidders, General Sale Terms and Conditions, and Special Sales Terms and Conditions, all of which are incorporated as part of this Bid, the undersigned offers and agrees, if the Bid be accepted within 60 calendar days after date of Bid opening, to purchase and pay for any or all of the items listed for sale on Item Bid Page and to remove the property and perform the other required work as specified herein, after notice of acceptance by the Government. The total amount bid is $ .

Attached is the required bid deposit in the form of , in the amount of $ .

All bidders should complete the “Certificate as to Small Business Status” set forth below. This certificate must be completed and made a part of every Invitation to Bid on the sale of Government-owned timber with an estimated value of $2,000 or more. Failure to properly execute this certificate will not invalidate a bid, but a proper statement must be signed before the bid is accepted by the

Government. Refusal or delay in executing a proper statement is grounds for rejecting the bid. Intentional falsification of this certificate is a criminal offense punishable by a fine of not more than $5,000 or imprisonment for not more than two years, or both.

(Title 15, United States Code, Section 645(a).)

CERTIFICATE AS TO SMALL BUSINESS STATUS

The bidder certifies that he (is) (is not) a small business concern within the terms of the following definition: In sales of Government-owned forest products a “small business” is a concern that: (1) is primarily engaged in the logging or forest products industry: (2) is independently owned and operated: (3) is not dominant in its field of operations: and (4) together with its affiliates does not employ more than 500 persons.

NAME AND ADDRESS OF BIDDER (STREET, CITY, STATE, AND ZIP CODE) (Type or print)

SIGNATURE OF PERSON AUTHORIZED TO SIGN BID

TELEPHONE FAX

CELL TAX ID NUMBER

E-MAIL

SIGNER’S NAME AND TITLE (Type or print)

CORPORATE CERTIFICATE

I, certify that I am the , of the corporation named as Purchaser herein, and , who signed this contract on behalf of the Purchaser, was then of said corporation by authority of its governing body, and is within the scope of its corporate powers.

Signature __________________________________ (CORPORATE SEAL)

ACCEPTANCE BY THE GOVERNMENT

(This Section for Government use only)

DATE OF ACCEPTANCE

ACCEPTED AS TO ITEM NUMBERED

UNITED STATES OF AMERICA

BY___________________________________

(Real Estate Contracting Officer)

TOTAL AMOUNT

CONTRACT NUMBER

DACA65-S-27-

TITLE OF REAL ESTATE CONTRACTING OFFICER

Chief, Real Estate Office

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-04 Page 4 of 27

NAO FORM RE-01 Fort Drum [4]

SALE OF GOVERNMENT FOREST PRODUCTS

ITEM BID PAGE

Invitation For Bid No.

DACA65-B-27-04

Page

QUAN

TITY

(No. of

Units)

UNIT OF

MEASURE

TO BE SUPPLIED BY BIDDER

ITEM

NO.

TIMBER FOR SALE

AND LOCATION

PER UNIT

PRICE BID

TOTAL PRICE BID

DOLLARS CENTS

The following item(s) are sold under the modified sliding scale for sawlogs and per unit methods.

1 TIMBER ON PARCEL 27-02 (50 ACRES)

750 Tons

TA 7D Aspen

Any Sawlogs paid on Fort Drum Sliding Scale

Targeted species removal with blue CTM

$______/Ton

2 TIMBER ON PARCEL 27-03 (25 ACRES)

625 Tons

TA 5A Red Pine, Red Maple, Black Cherry

UGS removal >1” with lg. RTs, retain blue trees

3 TIMBER ON PARCEL 27-04 (60 ACRES)

1,800 Tons

TA 16C Red Maple, Aspen, Sugar Maple, Mxd Swd

CC remove >1”w/RTs, and Shltwd, retain blue trees

4 TIMBER ON PARCEL 27-05 (63 ACRES)

1,890 Tons

TA 4E Aspen and Mxd Hwd

CC w/2RTs, retain blue trees

5 TIMBER ON PARCEL 27-06 (44 ACRES)

1,060 Tons

TA 15C Sugar Maple, Hickory, Ash

STS, removal with blue CTM

TIMBER ON PARCEL 27-08 (16 ACRES)

TA 15A Red Maple, Cherry, Sugar Maple

CC remove all trees

Any Sawlogs paid on Fort Drum Sliding Scale

6 TIMBER ON PARCEL 27-07 (54 ACRES)

810 Tons

TA 17D Red Maple, Sugar Maple

STS, removal with blue CTM

TOTAL FOR ITEM(S) BID $

BIDDER IS CAUTIONED TO INSPECT THE TIMBER NAME OF BIDDER (Type or print)

ALL THE ABOVE ESTIMATED VOLUMES/TONS ARE

BASED ON THE INTERNATIONAL ¼ INCH LOG RULE

BIDDER’S NAME SHOULD APPEAR ON EACH ITEM

BID PAGE CONTAINING A BID

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-04 Page 5 of 27

NAO FORM RE-01-Fort Drum [5]

This sale is based on the International Log Rule 1/4 Inch Kerf. Sawlogs sold by Fort Drum Modified Scale with Sliding Scale.

DESCRIPTION OF TIMBER SALE AREA(S): This sale consists of s i x (6) Items totaling t h r e e h u n d r e d t w e l v e

( 3 1 2 ) acres located within the boundaries of the Fort Drum Military Installation, Fort Drum, New York. Item one (1) is located in training area seven-delta (7D), Item two (2) is located in training area five-alpha (5A), Item three (3) is located in training area sixteen-charlie (16C), Item four (4) is located in training area four-echo (4E), Item five (5) is located in training area fifteen-charlie and alpha (15C & 15A), Item six (6) is located in training area seventeen-delta (17D), all to provide optimum military training areas, enhance wildlife habitat, prevent waste, and/or maintain a healthy and productive forest ecosystem.

Sale area timber harvest boundaries will be flagged with blue timber harvest flagging with the exception of when along tank trail roads where common boundary is shared. Skid trails will be minimized except when in clearcuts to only those necessary and routed to avoid any cutting of residual trees marked or designated for retention. Clearcuts will have main skid trail flagged through the middle of it, however the distribution of skidder tracks should attempt to be spread across most of the clearcut to limit rutting and distribute disturbance across the site. The Purchaser is required to cut open and utilize e x i s t i n g main skid trails or face contractual penalties. Prior to timber harvesting the purchaser shall begin from the logical, agreed upon furthest point(s) from the item(s) associated respective landing location(s), where timber is designated for removal. All trees designated for harvest must be removed from site unless otherwise directed and approved by the District Representative. A map of the timber sale area is attached within this document as enclosures.

SALE AREA SPECIFICATIONS AND REQUIREMENTS:

ITEM

LOCATION/

HARVEST

UNIT

ACRES PRODUCT

APPROXIMATE VOLUME

(TONS)

27-01

(TA 17D,

1 year contract)

Aspen removal

Per Unit (Ton) - Any Sawlogs paid on Fort Drum

Sliding Scale

750 Tons (~15 tons/acre)

27-02

(TA 5A,

2 year contract)

UGS – remove trees >1” retain large reserve trees Red Pine, Red Maple, & Black Cherry

Per Unit (Ton) - Any Sawlogs paid on Fort Drum Sliding Scale

625 Tons (~25 tons/acre)

27-03

(TA 16C,

1 year contract)

CC/Shelterwood – remove trees >1” retain reserve trees Red Maple, Aspen, Sugar Maple, & Mxd Hwd

Per Unit (Ton) - Any Sawlogs paid on Fort Drum Sliding Scale

1,800 Tons (~30 tons/acre)

27-04

(TA 4E,

1 year contract)

CC – retain 2 reserve trees harves Aspen, & Mxd

Hwd Per Unit (Ton) - Any Sawlogs paid on Fort Drum

1,890 Tons (~30 tons/acre)

27-05-1

(TA 15C,

1 year contract

STS – remove trees w/CTM

Sugar Maple, Hickory, & Ash Per Unit (Ton) - Any Sawlogs paid on Fort Drum

660 Tons (~15 tons/acre)

27-05-2

(TA 15A,

1 year contract

CC – remove all trees

Red Maple, Cherry, & Sugar Maple Per Unit (Ton) - Any Sawlogs paid on Fort Drum

400 Tons (~25 tons/acre)

27-06

(TA 17D,

2 year contract)

STS – remove trees w/CTM Red Maple & Sugar Maple

Per Unit (Ton) - Any Sawlogs paid on Fort Drum

810 Tons (~15 tons/acre)

ITEM #s (1, 4, & 5) - Harvest Operations & Tree Cutting Dates 15 October 2026 - 15 April 2027

(3) - Harvest Operations & Tree Cutting Dates 15 October 2026 to 28 February 2027

• All processing of wood on the log landings, skid trails/log landing repair, and cleanup must be complete by 31 August 2027.

• Designated timber harvested for removal within the items SHALL be skid to the log landings up to 15 May 2027 as long as all designated trees are cut by the 15 April 2027 tree cutting end date and there is continued disturbance through until completion generally not exceeding 30 days.

• Tree cutting is allowed from 15 October 2026 - 15 April 2027. Skidding and processing will be allowed after 15 April as long as all designated trees are cut by the 15 April 2027 tree cutting end date.

• Trees to be harvested within the items are designated either for removal or retention.

• The boundaries of the harvest areas are designated with blue “Timber Harvest Boundary” flagging with the exception of when along tank trail roads where common boundary is shared.

• Skid trails will be designated with yellow flagging and routed to avoid and limit cutting of residual unmarked trees as such designated for retention.

• Log landing size and location will be designated by agreement between the Purchaser and the District Representative.

• Care will be taken to avoid and minimize any damage to trees that are less than six inches (6”) Diameter at Breast Height and desirable growing stock as well as all designated leave trees.

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-04 Page 6 of 27

NAO FORM RE-01-Fort Drum [6]

• All unusable timber fiber (i.e. tops and bark) shall be used to stabilize skid trails and when not needed for trails piled on the log landing in a single pile.

• There is NO chipping requirement for this harvest.

• Purchaser SHALL avoid off-limits cultural sites, which are identified in the filed with pink/black striped flagging.

• There is no known excessive military metal contamination, however encountering military metal embedded within trees is still possible.

ITEM #s (2 & 6) - Harvest Operations & Tree Cutting Dates 15 October 2026 - 15 April 2027 & 15 October 2027 – 15 April

• All processing of wood on the log landings, skid trails/log landing repair, and cleanup must be complete by 31 August 2028.

• Designated timber harvested for removal within the items SHALL be skid to the log landings up to 15 May 2028 as long as all designated trees are cut by the 15 April 2028 tree cutting end date and there is continued disturbance through until completion generally not exceeding 30 days.

• Tree cutting is allowed from 15 October 2026 - 15 April 2027 & 15 October 2027 – 15 April 2028. Skidding and processing will be allowed after 15 April as long as all designated trees are cut by the 15 April 2028 tree cutting end date.

• Trees to be harvested within the items are designated either for removal or retention.

• The boundaries of the harvest areas are designated with blue “Timber Harvest Boundary” flagging with the exception of when along tank trail roads where common boundary is shared.

• Skid trails will be designated with yellow flagging and routed to avoid and limit cutting of residual unmarked trees as such designated for retention.

• Log landing size and location will be designated by agreement between the Purchaser and the District Representative.

• Care will be taken to avoid and minimize any damage to trees that are less than six inches (6”) Diameter at Breast Height and desirable growing stock as well as all designated leave trees.

• All unusable timber fiber (i.e. tops and bark) shall be used to stabilize skid trails and when not needed for trails piled on the log landing in a single pile.

• There is NO chipping requirement for this harvest.

• Purchaser SHALL avoid off-limits cultural sites, which are identified in the filed with pink/black striped flagging.

• There is no known excessive military metal contamination, however encountering military metal embedded within trees is still possible.

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-04 Page 7 of 27

NAO FORM RE-01-Fort Drum [7]

SECTION II – SALE OF GOVERNMENT FOREST PRODUCTS - INSTRUCTIONS TO BIDDERS

1. KNOWLEDGE OF SALE TERMS AND CONDITIONS: All bids submitted shall be deemed to have been made with full knowledge of all the terms, conditions, and requirements herein contained. Any oral statement or representation by a representative of the Government, changing or supplementing any condition of this advertisement or contract resulting there from is unauthorized and shall confer no right upon the bidder or purchaser.

2. INSPECTIONS: Bidders are invited, urged and cautioned to inspect the timber and sales area(s) prior to submitting a bid.

Arrangements for inspection may be made by contacting the person(s) specified on the cover sheet hereof, inspections may be made during times therein stated.

3. PREPARATION AND SUBMITTAL OF BIDS:

a. Bid Items. Unless the invitation provides otherwise, bids may be submitted on any or all items; however, a bid covering any listed item shall be submitted on the basis of the unit specified for that item and shall cover the total number of units specified for that item.

b. Bid Form. All Sealed bids must be executed and submitted on the bid form accompanying this invitation for bids, bid and acceptance, hereto or on an exact copy thereof. All bids shall be filled out in ink, indelible pencil or typewriter, with all erasures, strike overs, and corrections initialed in ink. Additional copies may be obtained from the Chief, Real Estate Office, U. S. Army

Engineer District, Norfolk, 803 Front Street, Norfolk, Virginia 23510-1011.

c. Execution of Bid. Any bid executed by an attorney-in-fact or agent on behalf of a bidder must be accompanied by an authenticated copy of that person's Power of Attorney or other acceptable evidence of such person's authority to act on behalf of the bidder. If the bidder is a corporation, the Certificate of Corporate authority shall be executed under the corporate seal; however, the same individual who executes said certificate shall not sign the bid. If the bid is signed by the Secretary of the Corporation, the

Certificate shall be executed by some other officer of the corporation under the corporate seal. In lieu of the Certificate of Corporate

Bidder, there shall be attached to the bid a copy of so much of the records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be a true copy.

d. Marking and Addressing of Bid Envelope. The invitation number and bid-opening time shall be plainly marked on the left side of the sealed envelope in which the bids are submitted, as shown in this example:

Return Address Postage

Sealed Bid

To be Opened: To: Chief, Real Estate Office

Time: 2:00 p.m. Attn: CENAO-RE-D Timber Sales

Date: Thursday 17 September 2026 U.S. Army Engineer District, Norfolk

Invitation No. DACA65-B-27-04 803 Front Street

Norfolk, VA 23510-1011

e. Delivery of Bids. It is the duty and responsibility of each bidder to see that his bid is delivered to the place and by the time of opening specified in the invitation. All properly addressed, identified and delivered bids received prior to the specified bid opening time will be securely kept and unopened. The Government assumes no responsibility for the premature opening of any bid, which is not properly addressed or identified. All bids will be opened at the time and place stated in the invitation.

f. All bids submitted shall be deemed to have been made with full knowledge of all the terms, conditions and requirements contained herein.

g. Telegraphic bids will not be considered, but withdrawals by e-mail or fax of bids already submitted will be considered if received prior to the time set for opening bids. Modifications of bids will be accepted in person or by mail.

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-04 Page 8 of 27

NAO FORM RE-01-Fort Drum [8]

4. LATE BIDS, MODIFICATIONS OF BIDS OR WITHDRAWALS OF BIDS:

a. Any bid received at the place designated in the invitation after the exact time specified for receipt will not be considered unless it was received before the award is made and either:

(i) It was sent by either registered or certified mail not later than the fifth calendar day prior to the date specified for the receipt of bids (e.g., a bid submitted in response to an invitation requiring receipt of bids by the twentieth (20 th) of the month must have been mailed by the fifteenth (15th) or earlier); or

(ii) It was sent by mail and the Government determines that the late receipt was due solely to mishandling by the

Government after receipt at the government Installation.

b. Any modification or withdrawal of a bid is subject to the same requirements as in (a) above except that withdrawal of bids by e-mail with delivery receipt is authorized. A bid may also be withdrawn in person by a bidder or his authorized representative, provided his identity is made known and he signs a receipt for the bid, but only if the withdrawal is made prior to the exact time set for receipt of bids.

c. The only acceptable evidence to establish:

(i) The date of mailing of a late bid, modification or withdrawal sent either by registered or certified mail is the U. S. or

Canadian Postal Service postmark. If neither postmark shows a legible date, the bid, modification or withdrawal shall be deemed to have been mailed late. (The term "postmark" means a printed, stamped or otherwise placed impression that is readily identifiable without further action as having been supplied and affixed on the date of mailing by employees of the U. S. or Canadian Postal

Service).

(ii) The time of receipt at the government Installation is the time-date stamp of such Installation on the bid wrapper, email delivery receipt or other documentary evidence of receipt maintained by the Installation.

d. Notwithstanding the above, a late modification of an otherwise successful bid which makes it more favorable to the

Government will be considered at any time it is received and may be accepted.

5. BID DEPOSIT:

a. Bids must be accompanied by either a cashier's check, certified check, or postal money order made payable to the Finance and Accounting Officer, U. S. Army Corps of Engineers in an amount not less than twenty percent (20%) of the total bid price;

however, if the total bid is five-thousand dollars ($5,000.00) or less, then the total bid amount must accompany the bid.

b. The deposit of the Purchaser will be retained by the Government and applied proportionately as payment of the forest product sold and/or as performance deposit. The sale will be on all-cash basis with additional periodic payments required as hereinafter specified under Section III, Paragraph 3. All other deposits will be disbursed at the discretion of the Real Estate

Contracting Officer only upon full reconciliation of payments owed.

6. BID OPENING:

a. At the time and place stated in the invitation, all bids not withdrawn shall be opened, and their contents made public for the information of bidders and other properly interested parties, who may be present either in person or by representatives. However, any information submitted in support of any bid or the Government upon request thereof, the disclosure of which may tend to subject the person submitting to a competitive business disadvantage, will upon request be held in strict confidence by the Government.

b. When bids are solicited on a unit price basis, bidders will insert their unit prices and total prices in the space provided for each item. In the event the bidder inserts a total price on the item but falls to insert a unit price, the Government will determine the unit price by dividing the total price by the quantity of the item set out in the invitation. The unit price so determined shall be used for the purpose of bid evaluation, award and all phases of contract administration. The unit price shall govern in any case of error in calculation of the estimated total contract price.

7. AWARD OF CONTRACT:

a. The contract shall be awarded to the responsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the Government, price and other factors considered, will be notified that an award will be made to him upon application of the performance deposit or bond as specified in Section III, Paragraph 3 of this contract. In the event that the performance deposit or bond is not tendered within the specified period, the Government may, at its option, select from the remaining bids the responsible bidder whose bid, conforming to the invitation of bids, is most advantageous to the Government, price and other factors considered. That bidder will be notified that an award will be made to him upon application of the performance deposit or bond as provided in Section III Paragraph 3 of this contract. The Government may, when in its interest, reject any or all bids or waive

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-04 Page 9 of 27

NAO FORM RE-01-Fort Drum [9] any informality in bids received. The Government may accept any item or combination of items of a bid, unless precluded by the invitation for bids or the bidder includes in his bid a restrictive limitation.

b. In the absence of information clearly indicating that the bidder is responsible, the Real Estate Contracting Officer shall conclude that the bidder does not qualify as a responsible bidder. To determine a bidder to be responsible, a Real Estate Contracting

Officer must find that:

(i) The bidder has adequate financial resources to perform the contract or the ability to obtain them;

(ii) The bidder is able to perform the contract within the contract term taking into consideration all existing commercial and governmental business commitments;

(iii) The bidder has a satisfactory performance record on timber sale contracts. A prospective bidder that is or recently has been seriously deficient in contract performance shall be presumed not to be responsible, unless the Real Estate Contracting Officer determines that the circumstances were beyond the bidder's control and were not created through improper actions by the bidder or affiliate, or that the bidder has taken appropriate corrective action. Past failure to apply sufficient tenacity and perseverance to perform acceptably under a contract is strong evidence that a purchaser is not a responsible bidder. The Real Estate Contracting Officer shall consider the number of contracts involved and extent of deficiency of each in making this evaluation;

(iv) The bidder has a satisfactory record of integrity and business ethics;

(v) The bidder has or is able to obtain equipment and supplies suitable for logging the timber and for meeting the resource protection provisions of the contract;

(vi) The bidder is otherwise qualified and eligible to receive an award under applicable laws and regulations.

c. A bidder may protest a determination made in the bid/award process to the Real Estate Contracting Officer within 30 days of the date of the notification or rejection letter to the bidder. If the protest cannot be disposed of by agreement, the Real Estate

Contracting Officer will within 14 days forward the protest to the Division Real Estate Contracting Officer, U.S. Army Corps of

Engineers Brooklyn, NY and so notify the protester in writing of such action. The Division Real Estate Contracting Officer should consider such protest within 60 days of delivery, but may continue the Sale of Government Forest Products process. In connection with any written protest proceedings under this provision, protestor should clearly:

(i) identify the Invitation For Bid No.;

(ii) identify contact parties;

(iii) state the reasons for the protest;

(iv) provide documentation in support of the protest; and

(v) state what is the desired result.

The decision of the Division Real Estate Contracting Officer shall be final and conclusive. A written copy of the decision shall be mailed or otherwise furnished to the protester. The Government reserves the right to establish management objectives and requirements designed to achieve these objectives. These objectives are not subject to this protest process.

8. RESERVATION OF RIGHTS: The Government reserves the right to withdraw any or all items from the sale prior to sending out a notice of acceptance, to reject any or all bids, to waive any defect or informality in any bid received, and to accept any item or combination of items of any bid unless specifically precluded by the invitation for bids or the bidder includes in his bid a restrictive limitation.

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-04 Page 10 of 27

NAO FORM RE-01-Fort Drum [10]

SECTION III – SALE OF GOVERNMENT FOREST PRODUCTS GENERAL TERMS AND CONDITIONS OF SALE

1. DEFINITIONS:

a. The term "Secretary" shall mean the Secretary of the Army, and the term "his duly authorized representative" shall mean the

Chief of Engineers, Department of the Army, or any individual or board designated by him.

b. The term "Real Estate Contracting Officer" shall mean the person executing this bid in whole or in part on behalf of the

Government, and includes a duly appointed successor District Representative.

c. The term "District Representative" shall mean any employee of the U. S. Army Engineer District, Norfolk, who has been authorized by the Real Estate Contracting Officer to administer and supervise the performance of this contract.

2. CONDITION OF PROPERTY: The timber is offered for sale "as is" and "where is" with the bidder being obligated and responsible to provide at his sole expense and without any cost whatsoever to the Government all labor, equipment, materials, and supplies required to harvest and remove the forest products involved. The description of the property is believed to be sufficiently specific for purposes of identification. Any error or omission in the description (including location) shall not constitute any ground or reason for nonperformance of the contract or claim by the successful bidder for any allowance, refund or deduction from the amounts offered. The Government does not make any guarantee or warranty expressed or implied with respect to the property as to quantity, quality, character or condition, size or kind, or that the property is in condition or fit to be used for the purpose for which intended.

The purchaser acknowledges that he has satisfied himself as to the location, field conditions, and volume of forest products to be removed from the designated area(s). This contract shall be construed to have the intent of covering all the designated forest products of the specified species and sizes on the area and as described herein and shall include all such forest products whether less than, equal to or in excess of the estimated volume or quantity stated.

3. PERFORMANCE GUARANTEES:

a. Within ten (10) calendar days after the notice of acceptance has been sent to the Purchaser by the Real Estate Contracting

Officer, the Purchaser will furnish to said Real Estate Contracting Officer one of the following:

(i) A certified check, cashier's check, bank draft or postal money order in the amount of twenty percent (20%) of the awarded contract price, but not less than Five Hundred ($500.00), made payable to the Treasurer of the United States, or

(ii) A performance bond with surety approved by, and in a form acceptable to the Real Estate Contracting Officer in the penal sum of twenty percent (20%) of the awarded contract price, but not less than Five Hundred ($500.00). U. S. Standard Form 25 may be used for this purpose, or

(iii) An irrevocable letter of credit which must be on bank letterhead paper and in the amount of not less than twenty percent (20%) of the awarded contract price. Also the letter must:

(1) Be non-cancelable.

(2) Be in the favor of the "Finance and Accounting Officer, U.S. Army Corps of Engineers."

(3) Contain the name and address of the bank.

(4) Contain the Invitation for Bid or Contract number.

(5) Be "open end" so as not to expire prior to end of contract or settlement of any claims that may arise therefrom.

(6) Be in U.S. currency.

b. The deposit required by this section shall be applied to the final payment or promptly refunded, without interest, or the bond/letter of credit canceled upon completion of this contract to the satisfaction of the Real Estate Contracting Officer.

4. PAYMENTS: The Purchaser agrees to pay for all items awarded him in accordance with the prices quoted in his bid. All payments shall be made by either certified check, cashier's check, bank draft or postal money order made payable to the Treasurer of the United States. The Purchaser's bid deposit shall be applied to the purchase price. For unit price contracts, the Purchaser shall be billed monthly for the balance of the purchase price or more often if necessary, for the amount of timber actually harvested. Payment is due upon receipt of bill. Any monetary adjustments based on the amount of timber actually harvested will be made after completion of all harvesting activities. The balance of the twenty percent (20%) required bid deposit and the twenty percent (20%) required performance deposit, if any, will be credited to the final payment or refunded as applicable.

5. LATE PAYMENT CHARGE: The Government will impose a charge, based upon current interest rates, for any and accounts not paid within thirty (30) days following notification to the debtor. In addition to the interest charge, a processing and handling fee of fifteen dollars ($15.00) will be assessed for all accounts delinquent over thirty-one (31) days and an additional six percent (6%)

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NAO FORM RE-01-Fort Drum [11] penalty charge will be included for all accounts that are ninety-one (91) days overdue.

6. QUATITY DETERMINATION IN UNIT PRICE SALES:

a. The amount of timber sold and harvested pursuant to a unit price sale shall be determined by weighing each truckload of timber. All weighing will be at approved/authorized off-post scales, at the sole cost of the Purchaser, unless the Real Estate

Contracting Officer approves the use of government-owned scales in writing.

b. All truckloads of timber departing the contract site will have a Forest Product Load Ticket. Each load ticket number will be entered sequentially in a logbook provided by the Government. Upon weighing of the logs, the load ticket and completed weight ticket or exact copy thereof, will be neatly stapled together and retained by the Purchaser until the close of each month. The Real

Estate Contracting Officer or their representative will collect the Forest Product Load ticket with attached scale slip following the close of each month or at their discretion.

c. Failure to retain and submit all Forest Product Load Ticket at each month end can result in the termination of the contract with possible forfeiture of the performance bond/deposit. The government reserves the right to monitor the transportation of timber products entering/leaving and within the Installation.

d. At the end of the contract, any Load Tickets that are not returned will result in the assumption that the logs were not weighed and the Purchaser will be billed for missing Load Tickets on the basis of the average weight of a truck load of logs.

7. TITLE AND RISK OF LOSS: Title to the timber sold hereunder shall vest in the Purchaser as and when the Purchaser cuts the designated standing timber by severing at the stump. The risk of loss shall pass to the Purchaser upon the vesting of title.

8. DEFAULT: If after award, the Purchaser breaches this contract by failing to make any required payment when due, or by failing to remove any timber as and when required, then the Real Estate Contracting Officer may send the Purchaser a fifteen (15) day written notice of default (calculated from the date of mailing) and upon the Purchaser's failure to cure such default within the period (or such further period as the Real Estate Contracting Officer may allow), the Purchaser shall lose any and all rights, claims, interests and title which he may have acquired in and to such timber as to which the default has occurred. The Purchaser agrees that in the event he fails to make any payment required or remove any timber as and when required, the Real Estate Contracting Officer at his election and upon notice of default shall be entitled to retain or collect from any bid deposit, payment made, or performance bond or deposit, the actual damages, including, but not limited to, any loss, cost or expense in reselling or otherwise disposing of any timber sustained by the Government, as determined by the Real Estate Contracting Officer, as a result of such default. If the Purchaser otherwise fails in the performance of any of his obligations, the Government may exercise such rights and pursue such remedies as are provided by law or under this contract.

9. DISPUTES: Except as otherwise provided in the Invitation, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Real Estate Contracting Officer, who shall reduce this decision to writing and mail or otherwise furnish a copy thereof to the Purchaser. The decision of the Real Estate Contracting Officer shall be final and conclusive unless within thirty (30) calendar days from the date of receipt of such copy, the Purchaser mails or otherwise furnishes to the Real Estate Contracting Officer a written appeal addressed to the Secretary of the Army. The decision of the

Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the Purchaser shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the

Purchaser shall proceed diligently with the performance of the contract and in accordance with the Real Estate Contracting Officer's decision. This "Disputes" condition does not preclude consideration of law questions in connection with decisions provided above:

Provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on the question of law.

10. EQUIPMENT: Without regard to weather or ground conditions the Purchaser must at all times, keep tractors, trucks, or other required equipment in operation on the sale area, as determined by the Real Estate Contracting Officer, to maintain the minimum production rate during each calendar month and to complete this contract of sale within the time allocated.

11. WORK PERFORMANCE: The Purchaser shall complete all harvesting, cleanup and other work required under this contract within the time specified in Condition No. two (2) of the Special Terms and Conditions of Sale. The parties hereto agree that the time specified herein for completion is adequate and includes ample allowance for delays normally encountered in this type of operation.

12. EXTENSION OF TIME: The Real Estate Contracting Officer may by a Change Order extend the time allocated for removal:

a. When the total volume of the forest products designated for removal exceeds the estimated volume advertised, the time allocated for removal may be extended for an equitable period, based upon the minimum weekly production required to complete the removal of the original estimated contract volume within the original allocated time.

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NAO FORM RE-01-Fort Drum [12]

b. When the Purchaser desires a reasonable extension of time for his own convenience, provided (1) the Real Estate

Contracting Officer determines that the extension will not endanger required installation deadlines, and (2) the consideration for the extension is mutually agreed upon by Purchaser and said Real Estate Contracting Officer.

c. For days lost by the Purchaser due to closure of the sale area(s) for military training or stoppages ordered by the Real Estate

Contracting Officer or his duly authorized representative.

d. For reasonable mobilization time (other than initial mobilization) as a result of major interruptions during contract period and where it is determined necessary by the Real Estate Contracting Officer or his duly authorized representative.

e. For delays due to fires, floods, earthquakes, epidemics, quarantine, or strikes; provided, that the Purchaser shall within ten

(10) days from the beginning of any such delay, notify the Real Estate Contracting Officer in writing of the dates and causes of delay.

Delays resulting from weather will not normally be justification for an extension of time.

13. SUPERVISION OF WORK: The work will be conducted under the general direction of the Real Estate Contracting Officer, and is subject to inspection by any District Representative unless otherwise assigned in writing to another government representative to ensure compliance with the terms of the contract. When cutting, logging, or other operations under this contract are in progress, the

Purchaser shall have a representative, readily available to the area of such operation at all times, who shall be authorized to receive, on behalf of the Purchaser, any notices and instructions given by the Real Estate Contracting Officer in regard to performance under this contract, and to take such action thereon as required by the terms of this contract.

14. UTILITY LINES AND FENCES: All utility lines and fences located within or immediately outside the exterior boundaries of the sale area(s) shall be protected as far as is possible in logging operations and if damaged, shall be repaired immediately by the

Purchaser. If the Purchaser's operations require the relocation of any such utility lines or fences, the Purchaser agrees to accomplish such relocation by coordinating this action with the appropriate utility company(s) prior to and during timber harvesting and associated work in, under, and around such utility lines. All work required by this condition shall be without expense to the

Government.

15. FIRE FIGHTING AND FIRE LAWS: The Purchaser shall comply with all Installation fire regulations. The Purchaser shall be held liable for any forest fires resulting from his operations. The Purchaser and his employees shall do all in their power to prevent and suppress forest fires in the logging and adjacent areas. Forest fires resulting from the Purchaser's operation will be extinguished by the Purchaser without expense to the Government, and where it is necessary for the Government to supply labor or equipment to extinguish any forest fires traceable to the logging operations, the Government may hold the Purchaser liable for the cost and expense thereof. The Purchaser shall be required to maintain adequate forest firefighting equipment during the operations suitable for controlling forest fires expeditiously in the terrain and location where his harvesting operations are being carried out. Heating equipment will be subject to approval of the Installation Fire Chief. Logging operation generated rubbish shall be removed from the

Installation for disposal. The District Representative may make periodic inspections to determine whether the equipment on hand is adequate to effectively fight forest fires in the sale area(s). The Purchaser agrees to abide by the State of New York forest fire fighting laws. No burning will be undertaken on the installation unless prior approval is received from the Installation Fire Chief and

Installation Forester.

16. SECURITY REGULATIONS: The Purchaser, his agents, employees, and sub-contractors shall comply with all security regulations of the Military Installation. Before commencing operations hereunder, the Purchaser shall report to the District Forester for such regulations and special instructions as may be applicable to his operations on the Installation.

17. ACCIDENT PREVENTION:

a. The Purchaser shall take such action as may be just, reasonable and necessary for the protection of his employees while engaged in any tree harvesting or related operations within the boundaries of the government-owned property. This will specifically include adopting recognized safe practices, supplying and maintaining equipment in safe operating condition, proper guarding of all hazardous equipment and compliance with all pertinent safety regulations.

b. Ensuring compliance with the provisions of this clause by sub-contractors will be the responsibility of the Purchaser.

c. The Purchaser will comply with the U.S. Army Corps of Engineers Safety and Heath Requirements Manual (EM 385 1-1) a copy is available online at https://www.publications.usace.army.mil/Portals/76/EM 385-1-1 _EFFECTIVE 15March2024.pdf for review. This manual requires a completed and approved Accident Prevention Plan prior to the start of timber harvest.

Harvesting will not be permitted until this plan is approved! The Purchaser is also encouraged to comply with the New York

Trained Logger Certification (TLC) volunteer program available online at: http://nycwatershed.org/loggertraining/, TLC training is offered in five regions throughout New York State. TLC is developed in partnership with the New York City DEP, Cornell

Cooperative Extension of Greene County, and New York Logger Training, Inc. Additionally logger’s safety information is also available online at: https://www.osha.gov/SLTC/logging/index.html.

d. The Purchaser shall provide “Truck Crossing” signs at the intersection of landing areas and township roads. The contractor https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015March2024.pdf

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-04 Page 13 of 27

NAO FORM RE-01-Fort Drum [13] will also be working in areas of public trails and hunting access. Appropriate signage must be provided and slow speed must be observed in these areas.

18. TERMINATION OR SUSPENSION OF CONTRACT:

a. The Government may terminate or suspend this contract of sale, in accordance with this clause, in whole or in part, by giving ten (10) days written notice to the Purchaser, whenever the Real Estate Contracting Officer shall determine that such termination or suspension is in the best interest of the Government. Ten (10) days’ notice shall not be required: (1) in the event termination is effected by reason of violation by the Purchaser of any of the terms and conditions of this contract of sale, (2) in the event there is a declaration of national emergency by the President or the Congress of the United States. Any such determination shall be effected by delivery to the Purchaser of a "Notice of Termination" or "Notice of Suspension."

b. Causes or reasons for termination will include: (1) determination by the Secretary of the Army that termination of the contract is necessary in the interest of national defense, or (2) non-observance of good forestry practices, or (3) continuous or unnecessary abuse of government property which cannot be repaired by the Purchaser, or (4) violation by the Purchaser of any other terms and conditions of the contract of sale if the Purchaser continues and persists therein for fifteen (15) days after notice thereof in writing by the Real Estate Contracting Officer.

c. Causes or reasons for suspension will include: (1) determination by the Secretary of the Army that suspension of the contract is necessary in the interest of national defense, (2) determination by the Real Estate Contracting Officer that operations during unusually dry seasons are creating a fire hazard, (3) determination by the Real Estate Contracting Officer that operations in unusually wet areas are causing significant damage and should be delayed until the soil conditions improves, or (4) the determination by the Real

Estate Contracting Officer that the sales area(s) is needed for military training purposes.

19. COVENANT AGAINST CONTINGENT FEES: Purchaser warrants that no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial agencies maintained by the Purchaser for the purpose of doing business. For breach of this warranty, the Government shall have the right to annul this contract without liability or, at its option, to recover from the Purchaser the amount of such commission, percentage, brokerage, or contingent fee, in addition to the consideration herein set forth.

20. TREE MARKING PAINT AND EQUIPMENT: Marking hammers, tree marking paint or equipment for painting trees, or any other equipment similar to that used by the Government in the marking of trees, logs, or bolts are prohibited from Fort Dum

Installation boundaries while conducting work on this contract.

21. RECORDS: Books and records of the Purchaser relating to all operations covered by this contract shall be open to inspection at any time by the Real Estate Contracting Officer and available for audit with the understanding that the information obtained shall be regarded as confidential.

22. GRATUITIES:

a. The Government may, by written notice to the Purchaser, terminate the right of the Purchaser to proceed under this contract if it is found, after notice and hearing by the Secretary or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Purchaser, or any agent or representative of the Purchaser, to any officer or employee of the Government with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract; provided, that the existence of the facts upon which the Secretary or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court.

b. In the event this contract…