FP-IH-001-17_Working_(rev_1).doc

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DEPARTMENT OF THE ARMY

VIRGINIA ARMY NATIONAL GUARD, FORT PICKETT

US PROPERTY AND FISCAL OFFICE - ACQUISITION SUPPORT

WEST 10th STREET AND RIVES STREET, FORT PICKETT, BLDG. 316

BLACKSTONE, VIRGINIA 23824

FOR SALE

GOVERNMENT PROPERTY

STANDING TIMBER TO BE SOLD AT

FORT PICKETT, VIRGINIA

UNDER INVITATION NO. FP-IH-001-17

Fort Pickett is offering for sale approximately 27,790 (tons) of pine, and 5,131 (tons) of hardwood on approximately 234 acres at Fort Pickett, Blackstone, Virginia. The total number of items for this sale is 1.

The timber to be sold may be inspected by prospective purchasers at 10:00 a.m., on 19 October 2016. Arrangements for inspections should be made by contacting Mrs. Elizabeth Nelson (Installation Forester), telephone (434) 292-8428.

Sealed bids will be accepted until 1:00 p.m., Wednesday, 26 October 2016, by the Virginia Army National Guard, USPFO-ACQ, Attn: Susan Swanson, Building 316, 10th Street, Fort Pickett, Blackstone, Virginia, 23824.

Forms for use in submitting bids may be obtained from Mrs. Nelson at Fort Pickett (434)-292-8428 or from the Contracting Officer, Ms. Susan Swanson, United States Property and Fiscal Office, address shown above, telephone (434) 298-6293, email susan.e.swanson5.civ@mail.mil, fax 434-298-6202. Terms and conditions of sale, procedure for submitting bids, and a description of the timber are contained in the bid forms.

This sale will be sold by weight. Attached is a volume summary of designated trees. The attached Request for Information (RFI) form shall be used to submit any questions related to the sale at USPFO-ACQ, Ms Susan Swanson.

The above advertiser herein declares they have the legal right to advertise and dispose of the designated trees.

The Contracting Officer for Fort Pickett has the right to accept or reject any and all sealed bids after they have been made public as advertised.

All Trees will be conveyed to the purchaser via written contract. This contract contains a clause requiring the purchaser to have insurance in such amounts needed to protect the seller from all liability, which might arise from the purchaser’s performance of the contract.

MAIL BID TO: VIRGINIA ARMY NATIONAL GUARD

USPFO-ACQ

ATTN: Ms. SUSAN SWANSON

BLDG. 316, 10th STREET, FORT PICKETT

BLACKSTONE, VIRGINIA 23824

TEL: 434-298-6293

FAX: 434-298-6202

Sale of

Government-Owned

Forest Products

(SEE PRIVACY ACT STATEMENT BELOW BEFORE COMPLETING THIS FORM)

Location:

Fort Pickett, Virginia

PAGE NUMBER 1 OF 34 PAGES OF

INVITATION NUMBER FP-IH-001-17

DATED:

15 September 2016 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.

PRE-BID INVITED ON October 19, 2016 AT 10:00 FORMDROPDOWN AT BLDG. 232 Ft. Pickett

ARRANGE WITH:

Mrs. Elizabeth Nelson, Installation Forester TEL: 434-292-8428

Fort Pickett, Virginia TIME OF OPENING: 1:00 p.m., EASTERN TIME

DATE OF OPENING:

October 26, 2016

PLACE OF OPENING:

USPFO CONTRACTING OFFICE, FORT PICKETT, VIRGINIA

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: DEPARTMENT OF TREASURY.

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

Page Title

Index 2-3 Bid Sheets 4-5 Bid Schedule Volume Table

INSTRUCTIONS TO BIDDERS

Inspections

Preparation and Submittal of Bids

Late Bids, Modifications of Bids or Withdrawal of Bids

Bid Deposit

Bid Openings

Award of Contract

Reservation of Rights

SPECIAL TERMS AND CONDITIONS OF SALE

Commencement

Schedule of Removal and Completion

Periods of Operation

Description and Location of Timber

Environmental Protection

10-11 Harvesting Requirements

11-12

GENERAL TERMS AND CONDITIONS OF SALE

Definitions

Condition of Property

Performance Guarantees

Payments

Late Payment Charge

Quantity Determination in Unit Price Sales

Title and Risk of Loss

Default

Disputes

Equipment

Work Performance

Extension of Time

Supervision of Work

Telephone Lines, Power Lines and Fences

Fire Fighting and Fire Laws

Security Regulations

Accident Prevention

15-16 Termination or Suspension of Contract

Covenant Against Contingent Fees

Tree Painting Equipment

Records

Gratuities

Equal Opportunity

Withdrawal of Property After Award

Liability for Damages

Oral Statements and Modifications

Metal Contamination

Officials Not to Benefit

Notices

Contract Assignment

Insurance Contract Clauses 19-21 Notification of Work Completion

EXHIBIT

Best Management Practices for Water Quality “A”

23-24

Bid Request For Information

ENCLOSURES

Maps and Pre-harvest Plan Block Specifications 1-1 to 1-9

26-34

SALE OF GOVERNMENT FOREST PRODUCTS

BID AND AWARD

Invitation For Bid No.

FP-IH-001-17

BID

(This Section to be completed by the Bidder)

DATE OF BID

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 that two years, or both. (Title 15, United States Code, Section 645(a).)

CERTIFICATE AS TO SMALL BUSINESS STATUS

The bidder certifies 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 NUMBER:

CELL NUMBER:

FAX 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

(Title) 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 ITEMS NUMBERED

UNITED STATES OF AMERICA

BY___________________________________

(Contracting Officer)

TOTAL AMOUNT

CONTRACT NUMBER

TITLE OF CONTRACTING OFFICER

Susan Swanson, Contract Specialist

ITEM BID PAGE

TO BE SUPPLIED BY BIDDER

TOTAL PRICE BID

MUST ENTER $

EVEN IF 0 TONS

TIMBER ON (209 ACRES)

SALE TOTAL

ALL THE ABOVE ESTIMATED VOLUMES/TONS ARE BASED ON THE INTERNATIONAL LOG RULE ¼ INCH

BIDDERS NAME SHOULD APPEAR ON EACH ITEM BID PAGE CONTAINING A BID

BID SCHEDULE

*This sale is based on the International Log Rule 1/4 Inch Kerf

DESCRIPTION OF TIMBER SALES AREAS: *Sale areas are located within the boundaries of the Fort Pickett Military Installation. None of the timber herein advertised is known to contain any form of military metal.

*Buyer (s) will be issued a time restricted contract from date of sale with special terms as follow. The U.S. Fish and Wildlife Service has listed the Northern Long- Eared Bat Myotis septentrionalis as endangered under the Endangered Species Act. All harvest operations are restricted by federal law and must be completed by 31 May 2016. There will be no exception or extensions to this contract.

Item No. 1 – Blocks A, B, C, D, F, G and H consist primarily of merchantable pine sawtimber, chip and saw, and pine pulpwood. Small amounts of hardwood saw timber and pulpwood can also be found. Blocks A, B, C, D, F, G and H are scheduled to be clear-cut. The harvest boundary and streamside management zones have been clearly marked with vertical strips of pink paint. Boundaries that adjoin main roads or open field may be removed and have not been marked. Boundaries that adjoin streamside management zones need to remain intact. No trees will be harvested within the streamside management zone. The above mentioned areas are of ‘low’ military use; all indications are that metal contamination will be negligible, if any. These harvests should be completed by *31 May, 2016.

Item No. 2 – Block E, consist primarily of merchantable pine pulpwood, chip and saw, and pine sawtimber. Small amounts of hardwood sawtimber and pulpwood can also be found. Block E, is scheduled to receive a selective thinning with a desired residual basal area between 50-60 square feet/acre. The harvest boundary and streamside management zones have been clearly marked with vertical strips of pink paint. Damage to the residual stand will be kept to a minimum through planned directional felling, the use of sacrificial bumper trees and careful skidding practices. No trees will be harvested within the streamside management zone. The above mentioned areas are ‘low’ military use areas, all indications are that metal contamination will be negligible, if any. These harvests should be completed by *31 May, 2016.

See attached maps and pre-harvest plans for more details (Enclosures 1-1 to 1-9)

VOLUME TABLE

Installation: MTC-Ft. Pickett

Invitation: FP-IH-001-17

Log Rule: International ¼”

Thinning

INSTRUCTIONS TO BIDDERS

1.

INSPECTIONS:

The bidder is invited, urged and cautioned to inspect the timber and sales area(s) prior to submitting a bid. Arrangements for inspections may be made by contacting the person(s) specified on the cover sheet hereof and inspections may be made during times therein stated.

2.

PREPARATION AND SUBMITTAL OF BIDS:

a.

All bids shall be filled out in ink, indelible pencil or typewriter, with all erasures, strike overs, and corrections initialed in ink or indelible pencil.

b.

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.

c.

All bids must be submitted on the bid form attached hereto or an exact copy thereof. Additional copies may be obtained from Virginia Army National Guard, United States Property and Fiscal Office, Acquisition Support Office, Attn: Susan Swanson , Building 316, 10th Street , Fort Pickett, Blackstone, Virginia, 23824.

d.

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.

e.

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:

Virginia Army National Guard

Time 1:00 p.m.

Attn: Susan Swanson

Date: 10/26/2016

Bldg. 316, 10th Street, Fort Pickett

Invitation No.: FP-IH-001-17

Blackstone, VA 23824 f.

It is the duty and responsibility of each bidder to see that his/her 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.

g.

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

h.

Telegraphic and Facsimile bids will not be considered, but modifications and withdrawals by telegraph or facsimile of bids already submitted will be considered if received prior to the time set for opening bids.

i. Companies doing business with the Federal Government are required to use the System for Award Management (SAM). In order to be eligible to receive an award for this requirement, vendors must have an active SAM registration. The website to register, update, or reactivate an account at SAM is https://www.sam.gov. In addition to the item bid page, the following shall be provided: completed FAR and DFARS provisions 52.212-3 and 252.209-7991, taxpayer identification number (TIN), Dun and Bradstreet number (DUNS), and Commercial and Government Entity (CAGE) code.

3.

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 20th of the month must have been mailed by the 15th or earlier); or

(ii) It was sent by mail and the Government determines 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 telegram 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 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 anytime it is received and may be accepted.

NOTE:

The term "telegram" includes Mailgram and Facsimile.

4.

BID DEPOSIT:

a.

Bids must be accompanied by either a cashier's check, certified check, bank draft, or postal money order made payable to the Department of Treasury in an amount not less than twenty percent (20%) of the total bid price; however, if the total bid is $3,000.00 or less, then the total bid amount must accompany the bid.

b.

The deposit of the Purchaser will be retained and 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 Contracting Officer. All other deposits will be returned at the bid opening.

5.

BID OPENINGS:

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 interested parties. However, any information submitted in support of any bid or the Government upon request thereof, will hold modification in strict confidence.

b.

If at the time the bid is opened it appears an error has been made in the computation of prices then unit prices will govern.

6.

AWARD OF CONTRACT:

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.

7.

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.

SPECIAL TERMS AND CONDITIONS OF SALE

1.

COMMENCEMENT:

The Purchaser will commence removal of the timber within thirty (30) calendar days after notice to proceed.

2.

SCHEDULE OF REMOVAL AND COMPLETION:

The Purchaser agrees to remove from the sale area all timber designated to be removed under this contract prior to date shown below and at the minimum production rate specified herein:

Item # 1: 31 May 2017 The minimum rate of production will be determined by dividing the number of weeks within the period of time established for the item purchased into the estimated volume or quantity of the forest product included under such item.

3.

PERIODS OF OPERATIONS:

Unless authorized by the Government, removal of forest products will not be permitted on Saturdays, Sundays, or on any government holiday and will be accomplished only during the hours designated by the Contracting Officer.

4.

DESCRIPTION AND LOCATION OF TIMBER:

a.

The timber being offered for sale is located within the boundaries of the Military Reservation. Fort Pickett, as shown on the map(s) or sketch(s) attached to this invitation - boundaries are clearly marked.

b.

Species, weight and/or volume describe the timber described on page 5 of this invitation.

This description of the timber is believed to be sufficiently specific for the purposes of identification. Any error or omission in the description (including location) shall not constitute grounds or reason for non-performance or claim by the Purchaser for any allowance, refund or deduction from the amounts offered. All merchantable timber within the sale area(s) shall be cut. Additionally, the Purchaser acknowledges that he has satisfied himself as to the location, field conditions and volume of timber to be removed from the sale area(s). This contract shall be construed to have the intent of covering all of the designated timber of the specified species and size in the described sale area(s) and shall include all such timber whether less than, equal to, or in excess of the estimated volume or quantity stated.

c. If this is a unit price sale, then the sale will be by weight. The estimated tonnage is based on the International Log Rule 1/4 Inch Kerf and bills for collection will be rendered on the basis of a ton or fraction thereof.

5. ENVIRONMENTAL PROTECTION:

a.

At least one person meeting Virginia SHARP Logger criteria will be on site at all times during harvest activities. The contractor shall provide copies of certificates for all SHARP certified employees at the pre-performance meeting.

b.

All skid trails, logging decks and haul roads constructed or used by the Purchaser shall be repaired prior to termination of the contract. Repairs shall include, but are not limited to smoothing ruts, spreading out any piles of soil over the area it was removed from and installing temporary erosion control measures such as water diversion bars.

c.

The Purchaser shall suspend operations when rutting in excess of 6-inches occurs. The Installation Forester is authorized to stop operations in order to enforce this requirement. When possible, the contractor may be relocated to a more stable portion of the same harvest area. Any rutting in excess of 3-inches shall be repaired at the Purchasers expense as soon as the weather permits.

d.

All trees shall be felled into the area being cut and not outside the cutting area. Loggers shall not damage trees or other vegetation in adjacent areas.

e.

The Installation Forester or his representative will approve placement of log landings or decks. Specific details regarding placement are described on the attached Pre-harvest Plans. The Installation Forester must approve alterations to the plan.

f.

In addition to items a. through d. above, the purchaser shall comply with the Virginia Department of Forestry Best Management Practices for Water Quality Fourth Edition and listed at Exhibit “A”.

g.

No designated active or potential den trees shall be cut. The Installation Forester or his representative will identify these trees prior to harvest. All other dead trees shall be felled whenever possible.

h.

The Purchaser or his employees, agents or subcontractors shall at all times keep the contract area free from waste materials and litter such as lunch refuse, oil cans, barrels or other debris. Storage of hazardous materials shall be done in a manner to prevent accidental release into the environment. Secondary containment systems, which shall be used for all petroleum products stored at the harvest site, shall be enclosed to prevent precipitation from entering. Fuel tanks shall be removed from the site at the end of each day or must be of double-wall construction. The Purchaser shall not generate any hazardous waste within the Installation. If a spill of any petroleum product of other hazardous material occurs, the Purchaser shall notify Fort Pickett Fire Department at (434) 292-2217 or the Environmental office at (434) 298-8734 within one hour. The Purchaser shall be responsible for all costs incurred in clean up of such a spill. Procedures for spill cleanup shall be in accordance with State and Federal laws.

i.

Harvesting or other ground disturbing activities within any house sites or other cultural/historical areas is prohibited. Relic hunting or the use of metal detectors for the purpose is strictly prohibited. Upon the discovery of any confirmed or potential historic artifacts, contractors shall immediately cease work at that location, mark the boundaries of the site, and immediately report the find and location to the Installation Forester, his representative or Range Control (434-292-2227 or 8334).

j.

The Purchaser shall comply with all Installation and Commonwealth of Virginia Fire Regulations and shall be held liable for damages resulting from his/her operations. In the event of a fire, the Purchaser shall immediately contact the Installations Fire Department at (434) 292-2217. The Purchaser shall maintain adequate fire extinguishing materials and equipment at all times during operations. Only warming fires contained in a manner approved by the Installation Fire Marshal may be used on site. Only wood may be burned for this purpose. Burning of trash or maintenance by-products (oily rags, etc.) is prohibited.

6. HARVEST REQUIREMENTS: The timber shall be harvested and removed using accepted good forestry practices as defined by the Virginia Department of Forestry’s Best Management Practices for Water Quality, Fourth Edition and in accordance with the following specifications:

a. The Purchaser, the Facilities Manager, and the Installation Forester or his representative will meet prior to any logging activity to discuss the specifications of this contract. Individual block specifications are included at the bottom of each block map.

b. Sawmills will not be permitted on the installation.

c. Merchantability: Pine Sawtimber - Any tree or portion thereof 13.0 inches or greater DBH and yielding a minimum of (1) 16-foot log. Pine Chip-and-Saw (CNS) – Trees which measure 8-12.9 inches DBH and contain at least (1) 16-foot log, with excellent form to a diameter-inside –bark at the small-end of 7 inches. Hardwood Sawtimber- Any tree or portion thereof 12.0 inches or greater DBH and yielding 1 or more 16-foot logs. Pine and Hardwood Pulpwood- Any trees and portions of trees which do not meet the minimum merchantability standard for sawtimber or CNS, and produce 1 or more 16 foot lengths, with a diameter-inside-bark at the small-end of 3 inches.

d. Stump heights will not exceed six inches for pine and hardwood.

e. Liquidated Damages:

The Purchaser shall pay as liquidated damage, the sum of $5.00 for each stump not cut pursuant to the provisions of condition 6.e. above. Overlooked trees designated for harvest must be cut as soon as the Purchaser is notified. For each such designated tree, which is not cut, he shall pay at the rate of $1.00 per inch of diameter outside bark at breast height. He shall pay a sum amounting to three times the appraised value for all undesignated trees containing merchantable material which are cut, injured through carelessness, or killed by fires which he, his employees, sub-contractors or employees of subcontractors caused or the origin or spread of which he or they could have prevented unless such cutting injury or killing involves small amounts of material and in the judgment of the Contracting Officer is justified by existing conditions.

f. Existing trails, roads, streams, and firebreaks within and leading to the sale area will be kept free from logging debris at all times. All logging debris will be kept within 10 feet of the boundaries of the cut area.

g. Cutting must proceed in an orderly manner with all merchantable and marked timber being removed as the contract progresses and in the location designated by the Contracting Officer or his representative. All trees will be felled into the area being cut not into the adjacent areas being left. Logging equipment will not be allowed outside the cutting area and logging equipment will not damage trees in adjacent areas.

h. Contractors shall be aware harvest operations may be suspended or access restricted by the Division of Plans, Training, and Security (DPTS) at any time during the term of the contract. Such a suspension will be made in writing by the Contracting Officer or the COR.

i. The Purchaser of this contract shall participate in a Pre-Performance meeting that includes the Contracting Officer, Contracting Officer Representative and Installation Forester or his representative prior to the commencement of the project. The Pre-Performance meeting will review the contract and resolve any questions the Purchaser might have. Prior to release of the Purchaser, the Contracting Officer Representative shall inspect the sale area for compliance.

j. Timber harvesting operations shall in no way affect or interfere with military training or operations at the installation. Harvesting operations may be delayed from time to time and the area may be closed because of military activities. Upon receiving notice to do so the Purchaser will move all harvesting operations from the affected site(s) to an area designated by the Installation Forester and will re-route all vehicles and equipment as required. When working in Controlled Access areas, the Purchaser should make daily checks with the Range Operations Control Office at (434) 292-2227 regarding military schedules affecting the sale area.

k. All contractors/subcontractors must register their vehicles with the Provost Marshal while engaged in timber operations on this installation.

l. All logging vehicles used by the Purchaser must be kept at the harvest site unless prior approval is obtained from the Installation Forester to park elsewhere. Trucks used for hauling forest products shall comply with Virginia weight restrictions while on installation roads.

m. In the event trees are debarked before being weighed, there will be an assumed 10% weight loss which will be accounted for in the administration of the contract.

n. All logging vehicles used by the Purchaser must be kept at the harvest site unless prior approval; is obtained from the Installation Forester or his representative. Trucks used for hauling forest products shall comply with Virginia weight restrictions while on installation roads.

o. An on-site harvest site manager must have cell phone contact during all phases of the harvest activity to receive and implement stop work notices. Such contact information shall be provided to the COR at the pre-performance meeting.

p. In extreme circumstances, additional tonnage may become available during the lifetime of the contract. The additional timber will be timber that is fire, wind, disease and/or insect damaged and must be removed immediately to prevent deterioration or timber that is interfering with the installation's mission and must be disposed of immediately. This timber will not usually exceed 10% of the value of the original contract price. Such a situation will be addressed by the contracting officer via a modification to the contract.

q. The Purchaser will be liable for any loss or damage, including repair and replacement costs for any and all government-owned property, e.g., locks, keys, metal detectors, firefighting equipment, etc., that is loaned by the Government to the Purchaser for contractual or other purposes.

r. Mud deposited on any hard surface road as a result of logging activity shall be immediately removed by the Contractor. When deemed necessary, the Installation Forester will require the use of gravel or mats at the entrance to hard surface roads.

s. Felling shall be done to minimize breakage. The contractor shall be required to fell all trees four inches DBH or larger which are broken, leaning, or splintered as a result of the logging operation.

t. Log landings/loading decks shall be located off of the nearest existing road or trail and the logs skidded to this point. The placement of all decks/landings shall be approved by the COR/Forester.

u. All non-merchantable material, limbs, tops (laps), residual off-cuts and large limbs shall be dispersed evenly throughout the harvest site and no further than within 10 feet of the boundary unless.

v. The Installation Forester or his representative will designate the route the contractor’s log trucks will take while on the installation.

w. Harvest specifications by block are included with harvest site maps (see enclosure 1).

x. No shortcuts shall be taken across boundaries while skidding. Piling of laps against live trees will not be permitted. Wood debris shall not be mixed with soil.

GENERAL TERMS AND CONDITIONS OF SALE

1.

DEFINITIONS:

a.

The term "Secretary" shall mean the Secretary of the Army.

b.

The term "his duly authorized representative" shall mean the United States Property and Fiscal Office of Virginia, Army National Guard, or any individual or board designated by him.

c.

The term "Contracting Officer" shall mean the person executing this bid in whole or in part on behalf of the Government, and any other person who has been properly designated as a Contracting Officer.

d.

The term "Contracting Officer’s Representative" shall mean any employee of the Directorate of Public Works, Deputy Facilities Manager, Fort Pickett, who has been authorized in writing by the 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". The Government makes no warranty, either expressed or implied, as to quantity, quality, character, condition, size or kind of the timber offered for sale, nor that is fit for the purpose for which it is intended.

3.

PERFORMANCE GUARANTEES:

a.

Within ten (10) calendar days after the notice of acceptance has been sent to the Purchaser by the Contracting Officer, the Purchaser may change out original deposit placed with the said Contracting Officer with one of the following:

(i) A certified check, cashier's check, bank draft or postal money order in the amount of twenty percent (20%) for by weight sales of the awarded contract price 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 Contracting Officer in the penal sum of twenty percent (20%) for by weight sales of the awarded contract price. 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%) for by weight sales of the contract price. The letter must also:

(1) Be non-cancelable.

(2) Be in the favor of the "Department of Treasury."

(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 there from.

(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 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 20 percent bid deposit and 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) calendar days following notification to the debtor. Interest will accrue on all late payments in accordance with 41 U.S.C. 611 (https://www.fms.treas.gov/prompt/index.html). In addition, an administrative fee may be charged to collect a delinquent payment.

6.

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

b.

All truckloads of timber departing the contract site will deposit a Logging Site Ticket in a lock box located in the harvest area. Each ticket number will be entered sequentially in a logbook provided by the Government. Upon weighing of the logs, the completed Scale Slip Ticket and Scale Slip will be deposited in the lock box provided by the Government.

c.

Failure to present the Scale Site ticket upon leaving the contract site can result in the termination of the contract with possible forfeiture of the performance bond/deposit.

d.

At the end of the contract, any Logging Site and Scale Slip Tickets not returned will result in the assumption that the logs were not weighed and the Purchaser will be billed for missing 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 timber. 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 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 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 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 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:

a.

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 Contracting Officer, who shall reduce her decision to writing and mail or otherwise furnish a copy thereof to the Purchaser. The decision of the Contracting Officer shall be final and conclusive unless within 30 calendar days from the date of receipt of such copy, the Purchaser mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the Secretary. 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 Contracting Officer's decision.

b.

This "Disputes" condition does not preclude consideration of law questions in connection with decisions provided for in (a) 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 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, clean up and other work required under this contract within the time specified in Condition No. 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 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.

b.

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

c.

For days lost by the Purchaser due to closure of the sale area(s) for military training or stoppages ordered by the 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 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) calendar days from the beginning of any such delay, notify the 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 Contracting Officer, and is subject to inspection by the Contracting Officer Representative and his/her representatives to insure 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 Contracting Officer in regard to performance under this contract, and to take such action thereon as required by the terms of this contract.

14.

TELEPHONE LINES, POWER LINES AND FENCES:

All telephone lines, power 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 telephone lines, power lines or fences, the Purchaser agrees to accomplish such relocation. 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 Marshal. Rubbish shall be removed from the installation for disposal or buried as the Government may direct. The Installation Forester will 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 Commonwealth of Virginia forest fire fighting law. No burning will be undertaken on the installation unless prior approval is received from the Contracting Officer Representative.

16.

SECURITY REGULATIONS:

The Purchaser, his agents, employees, and sub-contractors shall comply with all security regulations of the installation. Before commencing operations hereunder, the Purchaser shall report to the Directorate of Public Works (Civil Engineering Technician or Installation 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 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.

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

c.

The Purchaser will comply with the Occupational Safety and Health Administration (OSHA) regulations pertaining to logging operations while conducting harvests on Fort Pickett property.

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) calendar days written notice to the Purchaser, whenever the Contracting Officer shall determine that such termination or suspension is in the best interest of the Government. Ten (10) calendar 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 Contracting Officer 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) calendar days after notice thereof in writing by the Contracting Officer.

c.

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

19.

COVENANT AGAINST CONTINGENT FEES:

The 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 PAINT AND EQUIPMENT:

Marking hammers, paint or equipment for painting, or any other equipment similar to that used by the Government in the marking of trees, logs, or bolts are prohibited from the government reservation.

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 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…