IFB DACA63-9-25-0538_PAY-AS-CUT.pdf

GOVERNMENT FOREST PRODUCTS SALE

PAY-AS-CUT CONTRACT

INVITATION FOR BIDS NO. DACA63-9-25-0538 1 October 2025

Sealed bid subject to the terms and conditions set forth in the Invitations for Bids, for the purchase and removal of the Government-owned property listed in this notice to bidders, will be received until the time, date, and at the place indicated below, and then publicly opened.

ATTENTION: Persons interested in receiving a complete copy of this Invitation for Bids should go to (https://SAM.GOV) and type in keyword DACA63-9-25-0538, or request a copy from Mr. Corey Walk, District/Division Forester, CESWF-RE-M, phone (817) 886-1131.

FOREST PRODUCTS: Pine Timber (Ponderosa Pine)

TIME OF OPENING: 10:00 AM, Local Time

DATE OF OPENING: 19 November 2025

PLACE OF OPENING: Building 1, Camp Navajo, Arizona

BID DEPOSIT: $3,000.00 for Item 1

EXPIRATION DATE: 31 December 2027

Inspections are invited between 8:00 a.m. and 4:00 p.m., Tuesday through Friday, excluding holidays. Arrange all inspections with Mr. Nick Kainrath, Forester, Camp Navajo, Arizona, telephone number 602-206-0938. Bidders are required to call 72 hours in advance of desired time of inspection.

Issued by: Fort Worth District, U. S. Army Corps of Engineers Address: P.O. Box 17300, Fort Worth, Texas 76102 Property located at: Camp Navajo, Arizona

U. S. ARMY

CORPS OF ENGINEERS

Fort Worth District

SALE Of GOVERNMENT FOREST PRODUCTS

BID AND AWARD

BID

(This Section to be completed by the Bidder)

In compliance with the Invitation identified on the cover page hereof, and subject to all the sale terms and conditions contained in Instruction to Bidders, General Sale Terms and Conditions, and Special Sales Terms and Conditions, all of which are incorporated as a part of this Bid, the undersigned offers and agrees, if this Bid be accepted within 30 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 by imprisonment for not more than two years, or both. (Title 15, United States Code, Section 645(a).

CERTIFICATE AS 1D 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: (I) is primarily engaged in the logging or forest products industry; (2) is independently owned and operated; (3) is not dominant in its field of operation; and

(4) together with its affiliates does not employ more than 500 persons.

NAME AND ADDRESS OF BIDDER (Street, city, state, and zono)(Type or print) SIGNATURE OF PERSON AUTHORIZED TO SIGN BID

SIGNER'S NAME AND TITLE (I'}pe or print)

CORPORATE CERTIFICATE

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

Signature

ACCEPTANCE BY THE GOVERNMENT

(This Section fur Government use only)

ACCEPTED AS TO ITEMS NUMBERED

TOTAL AMOUNT

SWF Form 998-J

(Rev 3 May 1985)

CONTRACT NUMBER

(CORPORATE SEAL

DATE OF ACCEPTANCE

UNITED STATES OF AMERICA

By (Contracting Officer)

TITLE OF CONTRACTING OFFICER

(SWFRE-M SOP)

INVITATION FOR BIDS NO.

DACA63-9-25-0538 PAGE 2

DATE OF BID19 November 2025 10:00AM

Phone: Email:

Shane P. Demmer

District Chief Real Estate Contracting Officer m2remlrc Typewritten Text m2remlrc Typewritten Text m2remlrc Typewritten Text m2remlrc Typewritten Text m2remlrc Typewritten Text m2remlrc Typewritten Text m2remlrc Typewritten Text

DACW63-9-20-0544

m2remlrc Typewritten Text 12 February 2020 2:00 PM m2remlrc Rectangle m2remlrc Typewritten Text m2remlrc Typewritten Text m2remlrc Typewritten Text m2remlrc Typewritten Text

M2ODLMD9

Text Box

SALE OF GOVERNMENT

FOREST PRODUCTS

INVITATION FOR BIDS NO.

DACA63-9-25-0538

ITEM

NO

PRODUCTS FOR SALE

QUANTITY

(No. of Units)

UNIT OF

MEASURE

TO BE SUPPLIED BY BIDDER

PRICE

BID

PER

UNIT

TOTAL PRICE BID

DOLLARS

CENTS

Pine Sawtimber / Pine Non-Sawtimber

6,972

Tons

NOTICE TO BIDDERS:

(1) No bid will be considered unless it is accompanied by a deposit in the amount of $3,000.00 for Item 1. Such guaranty must be in the form of cashier's check, money order, irrevocable letter of credit or other form of payment not subject to stoppage or revocation, made payable to F&A Officer, USAED, Ft. Worth. PERSONAL CHECKS ARE NOT ACCEPTABLE. The deposits of unsuccessful bidders will be returned to them as soon as practicable after the bids have been opened and the awards made. The deposit of the successful bidder will be retained by the Government and applied in full as the performance deposit.

(2) This sale is for a pay-as-cut contract. The timber for sale will be designated by the Installation Forester as dictated by the assigned contract terms. All merchantable leave trees within the harvest area have been designated and marked by a consulting forester with orange paint at eye level and orange paint below stump level. All unmarked trees, and only unmarked trees, unless marked by the Installation Forester with blue paint, will be cut and removed by the purchaser to achieve a residual basal area. These volumes are estimates only and will be used for award purposes by multiplying estimated quantities by unit price bid. No bids will be considered if improperly weighted on any particular product.

(3) Purchaser shall be responsible for securing the required identification and vehicle pass for himself and his employees and for the return of I.D. badges upon completion of contract or release of employees. Contractors are permitted to work any day and time that the commercial truck gate is open. Currently, the commercial gate is manned 24 hours a day without restrictions, however, intermittently during some periods the gates may be closed between the hours of 11:00 pm and 5:00 am.

(4) This is a non-exclusive Delivery Order. Each area will be paid for by the contractor in accordance with the per unit bid price. If the successful bidder fails to perform to contract specifications another contract will be advertised and awarded.

(5) Purchaser is authorized to harvest all unmarked ponderosa pine that meet merchantability and utilization standards by primarily cutting marked trees, treatment of slash, road maintenance, and land rehabilitation (e.g., rehabilitating landings, road deconstruction). The purchaser will conduct tasks such as felling, limbing, bucking, chipping, skidding, associated tasks for road maintenance and land rehabilitation. Purchaser is responsible for their own estimate of the amount of material to be removed based upon site visit or other means of quantification.

(6) On unit price sales the purchaser agrees to make advance payments for forest products as follows: For all other contracts, $5,000 or 20 percent of the bid price, whichever is greater, is required within ten (10) days after notice of acceptance of the bid. The remainder of the purchase price shall be paid in 20 percent or larger increments, the frequency of which will be determined by the Real Estate Contracting Officer, having as an objective that the amount paid shall at all times be the equivalent of at least 20 percent more than the value of forest products cut.

Regardless of the percent completion, full payment shall be made before the end of the initial contract period.

(7) All loads of timber harvested will be paid based on the forest product bid price per unit.

All loads must be paid for with the use of verified scaled mill or weight tickets with timber payments. In addition, the forest product must be included on all scaled mill or weight tickets for timber included in contract. Timber payments must have settlements, load reports and haul tickets submitted together for reconciliation.

(8) Cultural resources have been considered and will be avoided during the operation.

(9) The purchaser shall be held liable for all damages to property and any expenses resulting from fire caused by the purchaser, his employees, agents, and subcontractors.

(10) Conversion factors to be utilized for calculating damage assessments:

Pine Sawtimber/Pine Poles (Amer. Standard Assn. Specs.) 7.5 tons/MBF (Doyle Scale) Pine Non-Sawtimber 2.68 tons/cord

BIDDER IS CAUTIONED TO INSPECT

THE PROPERTY

NAME OF BIDDER (Type or print)

CONTENTS

I. SPECIAL SALES, TERMS AND CONDITIONS

1. Description of Sale

2. Material Not Utilized

3. Specific Provisions

4. General and Other Conditions

II.INSTRUCTIONS TO BIDDERS

1. Invitation, Bid, and Acceptance

2. Pre-Performance Meeting and Operational Plan Submission

3. Condition of Property

4. Submission of Bids

5. Bid Opening

6. Liability

7. Sale of Property to Employees and Contract Personnel

8. Notice of Action

9. Modification of Contract

10. Bid Deposit

11. Performance Deposit or Bond

III. GENERAL SALE TERMS AND CONDITIONS

1. Real Estate Contracting Officer

2. Installation Commander

3. Marking Procedures

4. Merchantability and Utilization

5. Munitions of Explosive Concern and Metal Contamination

6. Commencement

7. Schedule of Harvesting and Completion

8. Extension of Time

9. Payment

10. Reports

11. Payment Remittance

12. Inspections

13. Order of Logging

14. Methods of Logging

15. Slash Disposal

16. Stump Heights

17. Sawmills

18. Security and Vehicle Use

19. Protection of Facilities and Roadways

20. Protection of Environment and Cultural Resources

21. Safety Regulations

22. Fire Suppression

23. Termination for Default

24. Liquidated Damages

25. Termination for Convenience

26. Disputes Clause

27. Gratuities

28. Non-discrimination in Employment

I. SPECIAL SALES, TERMS, AND CONDITIONS

1. Description of Sale:

a. Camp Navajo is a 28,372-acre Arizona Army National Guard facility located 10 miles west of Flagstaff, Arizona that is predominately used for military training and munition storage.

b. The timber offered for sale in Item 1 is an area of approximately 272 acres located in Bravo Cinder Pit harvest area of Camp Navajo, (See Bravo Cinder Pit Timber sale map). This contract is to conduct mechanical thinning operations up to approximately 272 acres of Camp Navajo. This project will consist of felling, processing, and removing ponderosa pine (whole logs) meeting utilization standards, machine piling, land restoration, and road maintenance. The 272 acres included for timber harvesting are in two units and are not subject to annual timing restrictions.

c. The objectives are to conduct forest restoration activities that lead to a reduction of wildland fire hazards and fuels. These forest restoration activities will protect training land and habitat for the Mexican spotted owl.

d. The purpose of this contract is to secure a complete set of services to accomplish timber harvesting, fuels reduction, land rehabilitation, and road maintenance in compliance with contract terms, specifications, and provisions.

This includes furnishing labor, equipment, supervision, operating supplies, and incidentals necessary to complete this project.

e. Estimated volumes for Item 1: 2,490 CCF or 6,972 tons of pine sawtimber and pine non-sawtimber ponderosa pine timber. The Government makes no guarantee of actual quantities of timber to be removed. The Government makes no guarantee that metal is not present within the trees being cut or removed.

f. All merchantable leave trees within the harvest area have been designated and marked by the Installation Forester or a consulting forester with orange paint at eye level and orange paint below stump level must be avoided. All unmarked trees, and only unmarked trees, will be cut and removed by the purchaser to achieve a residual basal area.

2. Material Not Utilized: The volume of merchantable material from designated trees uncut or from designated trees cut, or tops, chunks, long butts, trees broken or split by felling or otherwise, which are not utilized, will be determined through tree estimate, scaling or measurement, and the purchaser billed thereto in accordance with the terms of the contract, unless the leaving of such material is justified as may be determined by the Real Estate Contracting Officer.

3. Specific Provisions:

a. All purchaser's personnel will be required to check in with Camp Navajo Security daily. The purchaser shall be responsible for requiring each of his employees, agents, or representatives engaged in the operation to display such identification as may be required by the Installation Commander. All prescribed identification shall immediately be turned over to the Installation Security Officer for cancellation upon the release of an employee.

b. All unmarked merchantable trees in Item 1 are ponderosa pine. Marked trees with white paint; boundary trees; oak, and snag trees will not be harvested.

Boundary trees are trees marked with 2-3 orange horizontal paint stripe or orange flagging. Trees with white paint or white flagging are designated areas of avoidance, no cutting or entering. Only those trees as detailed in Item 1 will be cut and removed by the purchaser. Logging slash generated from the harvest of timber shall not be piled or dispersed within 50’ of any primary road or piled within 25 feet of residual trees.

c. The purchaser shall be held liable for all damages to property and any expenses resulting from fire caused by the purchaser, his employees, agents, and subcontractors. Currently the commercial gate is manned 24 hours a day without restrictions, however, intermittently during some periods the gates may be closed between the hours of 11:00 pm and 5:00 am.

4. General and Other Conditions:

A complete description of general and other conditions may be found in Exhibit F.

II. INSTRUCTIONS TO BIDDERS

1. Invitation, Bid, and Acceptance:

a. This invitation, bid, and acceptance shall constitute the entire sale agreement between the purchaser and the Government.

b. The Government may accept or reject any item of any bid unless such bid is qualified by specific limitations. The right is reserved as the interest of the Government may require to reject any and all bids, and to waive any defect or informality in bids received. All bids submitted shall be deemed to have been made with full knowledge of all the terms, conditions, and requirements contained herein. All bids received may, at the option of the Government, remain open for acceptance or rejection for a period of 30 days from the date of opening bids. Bids may be withdrawn on written or telegraphic requests received from bidders prior to the time fixed for opening. Negligence on the part of the bidder in preparing his bid confers no right for the withdrawal of the bid after it has been opened.

c. The bidders are invited, urged, and cautioned to inspect the property to be sold prior to submitting a bid. The harvest area is available for inspection during the times and through arrangements made as specified on the cover sheet of this invitation. Please send an email to RSVP with the Installation Forester, Nick Kainrath, for a pre-bid inspection and site visit at kainrathn@emo.azdema.gov.

Please direct any pre-bid inspection and site visit questions to Nick Kainrath, 602-206-0938 or by email. For contract related questions, please direct all questions to USACE Fort Worth District/Division Forester, Corey Walk, 817-886-1131 or email at corey.d.walk@usace.army.mil. In no case will failure to inspect constitute grounds for the withdrawal of a bid after opening.

2. Pre-Harvest Meeting and Operational Plan Submission:

a. Operational Plan: The purchaser shall submit an Operational Plan, to include a Traffic Control Plan and a Fire Suppression Plan for approval by the Installation Forester within 14 days of the contract being awarded. The plan shall describe in detail the purchaser’s planned operations, provide in writing an Operating Schedule of anticipated major activities and needs for logging included timber, such as logging, road maintenance, slash disposal, erosion control measures and other contractual requirements. Upon reasonable notice to the Installation Forester, such schedule shall be subject to modifications necessitated by weather, or other unpredictable circumstances.

b. Pre-Harvest Meeting: A meeting will be scheduled between the

Installation Forester and the purchaser. Camp Navajo employees will brief the purchaser about various subjects including but not limited to security protocols, cultural resources, munitions of explosive concern (MEC), hunting, wildlife, military training, work stoppages, wildland fire restrictions, and the ammunition storage area (ASA). This will be followed by the purchaser presenting operational plans.

All personnel working under this Contract are subject to a Munitions of Explosive (MEC) awareness training and Cultural Resources training. This can be conducted by the Installation Forester or representative during this pre-performance meeting or prior to new personnel working on the installation.

mailto:kainrathn@emo.azdema.gov mailto:corey.d.walk@usace.army.mil

3. Condition of Property:

The property 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 non-performance 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 a 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.

4. Submission of Bids:

a. Sealed bids must be submitted on the bid form accompanying this invitation for bids and specifications of sale, or on exact copies thereof. Invitation and bid forms, or any additional information pertaining thereto, may be obtained from the District Engineer, Fort Worth District, Corps of Engineers, Post Office Box 17300, Fort Worth, Texas 76102-0300.

b. Bids will be enclosed in a sealed envelope which is marked and addressed as follows:

RETURN ADDRESS

TO: Camp Navajo SEALED BID TO BE OPENED: 1 Hughes Avenue TIME: 10:00 A.M., Local Time Building 15 Environmental DATE: 19 November 2025 Bellemont, Arizona 86015 ATTN: Nick Kainrath

INVITATION FOR BIDS NO: DACA63-9-25-0538

5. Bid Opening:

a. It will be the duty of each bidder to see that his bid is delivered by the time and at the place described in this invitation. Bids in properly marked envelopes, as required above, received prior to the time for opening will be securely kept, unopened, until the time for opening bids. The person whose duty it is to open them will decide when the specified time has arrived and no bid, modification of a bid, or withdrawal of a bid received thereafter will be considered, except that those received before award is made, but delayed in the mails by occurrences beyond control of the bidder, may be considered if written certification is furnished by authorized postal authorities to that effect. No responsibility will attach for the premature opening of a bid not properly addressed and identified. All modifications of bids or withdrawals of bids must be in writing. Telegraphic bids will not be considered, but telegraphed modifications or withdrawals of bids already submitted will be considered if received prior to the time set for opening bids. Hand carried bids are to be delivered by contacting Camp Navajo Installation Forester, Mr. Nick Kainrath, 602-206-0938, to arrange a delivery date and time.

b. At the time fixed for the opening of bids, their contents will be made public by announcement for the information of bidders and others, provided that any information submitted in support thereof, the disclosure of which might tend to subject the person submitting it to a competitive business disadvantage, will be held in strict confidence by the United States, if requested by the bidder.

c. The Real Estate Contracting Officer reserves the right, subsequent to opening the bids, to require a showing by the successful bidder of his experience and facilities to perform the operation in a satisfactory manner.

6. Liability: The purchaser assumes all responsibility and liability for all injuries to persons or damages to property directly or indirectly due to or arising out of the operations conducted under this sale agreement, and the purchaser agrees to indemnify and save harmless the United States against any and all claims of whatsoever nature and kind due to or arising out of this sale agreement.

7. Sale of Property to Employees and Contract Personnel:

a. The sale of Government property to officials and employees of the Department of Defense and officers and enlisted men, including an agent, employee, or member of the immediate family of such personnel, whose duties include any functional or supervisory responsibility for or within the Army Real Property Disposal Program, will not be made.

b. The sale will not be awarded to any person or organization, including partnerships, who have had any determination in the timber to be harvested. This includes any individual or company that has contracted with the Government for the marking of the timber in the sale area.

8. Notice of Action: Notice of acceptance or rejection of bids, notice of authority to proceed with removal of the purchased property, and any other notices hereunder shall be deemed to have been sufficiently given when telegraphed or mailed to the bidder, or his duly authorized representative, at the address indicated in the bid.

9. Modification of Contract:

a. This invitation for bids, including all the instructions, terms, and conditions set forth herein, and the bid, when accepted by the Government, shall constitute the contract of sale between the successful bidder and the Government.

Such agreement shall constitute the whole sale agreement, unless modified in writing and signed by both parties except as provided otherwise herein. No oral statements or representations made by, for, or ostensibly on behalf of, either party shall be part of such agreement.

b. The sale agreement resulting from this invitation may be transferred in whole or in part if approved in writing by the Real Estate Contracting Officer.

Subcontracting of the operations is permissible and such subcontracting shall not be regarded as a transfer of the sale agreement. Subcontracting of the operations shall not relieve the purchaser of any responsibility or liability with respect to any of the terms and conditions imposed herein.

10. Bid Deposit: No bid will be considered unless it is accompanied by a deposit in the amount of $3,000.00 for Item 1. Such guaranty shall be in the form of a cashier's check, money order, irrevocable letter of credit, or other form of payment not subject to stoppage or revocation, made payable to the F&A Officer, USAED, Fort Worth. PERSONAL CHECKS ARE NOT ACCEPTABLE. The deposits of unsuccessful bidders will be returned to them as soon as practicable after the bids have been opened and the awards made. The bid deposit of the successful bidder will be retained by the Government and applied in full as the performance deposit below.

11. Performance Deposit or Bond: Within ten (10) days of notice of acceptance, the successful bidder will be required to submit a performance deposit to the Real Estate Contracting Officer, made payable to the F&A Officer, USAED, Fort Worth, in the amount of $3,000.00 for Item 1. Such guaranty shall be in the form of a cashier's check, money order, irrevocable letter of credit, or other form of payment not subject to stoppage or revocation. PERSONAL CHECKS ARE NOT ACCEPTABLE. The deposit as shown will be held by the Government until completion of the operations, to be applied against (1) the amount of any damage caused by failure of the purchaser to observe fully all conditions of the agreement and (2) any costs, damages, or expenses which the Government may incur by reason of default or breach of any terms, provisions, conditions, or obligations on the part of the purchaser. The amount so deposited shall not be construed as being the maximum amount of the purchaser's obligations in the event the Government is damaged in excess of such amount. Any balance of said deposit remaining after the purchaser's obligations under the agreement have been fulfilled shall be repaid. In lieu of a cash performance deposit, the purchaser may furnish a performance bond, with a surety approved by and in a form acceptable to the said Real Estate Contracting Officer, the penal sum of such bond to be the total of performance deposits provided for above. U.S. Standard Form 25 may be used for this purpose.

III. GENERAL SALE TERMS AND CONDITIONS

1. Real Estate Contracting Officer: The term "Real Estate Contracting Officer" as used herein means the person executing this contract on behalf of the Government and includes any duly appointed successors or authorized representative.

2. Installation Commander: The term "Installation Commander" as used herein means the Military Officer in charge of the installation and includes any duly appointed representatives having as their responsibility forest protection and forest management.

3. Marking Procedures:

a. All merchantable leave trees in within the harvest area have been marked with orange paint at eye level and below stump level by the Installation Forester and/or a consulting forester. Leave trees must be avoided and not damaged. All unmarked trees are to be cut only. Marked trees with white paint; boundary trees; oak, and snag trees will not be harvested.

Boundary trees are trees marked with 2-3 orange horizontal paint stripe or orange flagging. Trees with white paint or white flagging are designated areas of avoidance, no cutting or entering. All trees marked with blue paint are to be cut.

b. The purchaser is prohibited from bringing onto the reservation, or having in his possession while on said reservation, 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.

c. The purchaser accepts the marking as final, except that, by mutual agreement between the Real Estate Contracting Officer and the purchaser, changes in the marking can be made by marking additional trees or removing the marks from trees already marked when such changes are clearly the result of errors or omissions in the original marking. Trees to be removed in the construction of logging trails and loading points, and trees damaged in logging, will be marked or designated for cutting as needed. All tree species other than ponderosa pine will not be cut unless agreed upon by the purchaser and Installation Forester (e.g. tree in the way of operations).

4. Merchantability and Utilization:

a. Purchaser will remove all merchantable material to a 6-inch top that meet utilization standards unless authorized by the Installation Forester or representative to exceed this 6-inch threshold.

b. Forest products that do not meet the below utilization standards are considered slash.

Utilization Standards: Minimum Specifications

Forest Products

Size DBH (inches)

Number of minimum pieces per tree

Length (Feet)

Diameter inside bark at small end (inches)

Pine Sawtimber 14 inch+ 1 8 6 Pine Non-Sawtimber 8.0-13.9 inch 1 8 6

c. Stump heights will not exceed six inches on the uphill side.

d. The log length shall be varied so as to secure the greatest utilization of merchantable material. On pine sawtimber and pine non-sawtimber trees, where limbs are in whorls and the collective diameter of limbs (within a distance of 12" on the stem for pine) is greater than the diameter inside bark at that point, the tree may be topped below the whorls of limbs rather than at the specified diameter.

e. Pine sawtimber and pine non-sawtimber trees shall be utilized to a

6-inch top diameter inside bark. Further utilization of top diameter with designated forest product classes may be allowed of the merchantable pine timber as appropriate with local mills and purchaser. The USACE District Forester and Installation Forester should be notified in advance by the purchaser for forest product utilization issues or merchantability of cut trees.

5. Munitions of Explosive Concern and Metal Contamination:

a. The project area lies within the Camp Navajo Buffer Training Area utilized by soldier training units. Munitions and Explosives of Concern (MEC) are munitions or explosives that either did not function as designed, were discharged or abandoned, or have an explosive constituent. Although the project area is not known to have any MEC, MEC may be found anywhere on Camp Navajo. If MEC detonates, it could cause serious injury or death. All employees of the Contractor working on this project will be required to undergo MEC Awareness training prior to beginning work on the contract. The Contractor will hold the Government harmless for any damages to property or injury to persons which may arise out of the existence of unexploded ammunition, metal, or foreign objects in trees on the premises or for any damage whatsoever which may arise or result from operations.

b. Some timber included under this sale may be contaminated with bullets and/or shell fragments, and it is not intended that the purchaser be required to harvest such trees when contamination is determined to be excessive. If military metal is encountered, the purchaser will assist in determining the degree and extent of the contamination. If, after a thorough examination, the purchaser and the Real Estate Contracting Officer determine that the contamination is excessive, such standing timber or timber areas will either be deleted from the sale agreement, or, if mutually agreeable, a reduction in the unit price may be negotiated only for this contaminated material. The reduced price will be based on the extra cost of harvesting and utilizing such contaminated timber. In the event any portions of the sale area are deleted under a lump sum sale, the adjustment will be negotiated by both parties to determine volume and value of the timber deleted. The Government, however, will not substitute or replace contaminated timber with a like volume or area of timber for the amount withdrawn.

c. The purchaser agrees to instruct personnel for whom he is responsible to not disturb hazardous military devices (live or dud ammunition, artillery shells, etc.), and to report their presence to the Installation Commander.

d. The purchaser will hold the Government harmless for any damages to property or injuries to persons which may arise out of the existence of non-exploded ammunition, metal or foreign objects in trees or on the premises.

6. Commencement: At the discretion of the Real Estate Contracting Officer work may be performed at any time during the contract after issuance of the Notice to Proceed subject to applicable restrictions as specified below.

a. Wet Weather Restrictions: All operations of mechanized felling, skidding, or hauling shall occur only on dry or frozen ground, subject to other restrictions specified in this contract. When the Installation Forester has determined that excessive damage (e.g. > 6” rutting depth; See Environmental Protection section below) has occurred or may occur within the cutting unit, and/or on roads, landings, and skid trails because of adverse weather conditions, operations will be suspended. If the purchaser causes excessive damage to cutting units, roads, landings, or skid trails, the purchaser shall repair the damage at no expense to the Government.

b. Military Closures: Purchaser operations may be suspended due to security constraints and/or military activities.

c. Fire Restrictions: Operations may be suspended or altered if fire risk is high. Detailed information on fire restrictions can be found in Exhibit C. Fire restrictions will generally align with fire restrictions when implemented in the Kaibab (Williams Ranger District) or the Coconino (Flagstaff Ranger District) National Forest.

7. Schedule of Harvesting and Completion:

a. The purchaser agrees to cut and remove from the sale area all timber designated for harvest under this sale agreement by 31 December 2027.

b. Pine non-sawtimber harvest will follow the sawtimber harvesting as closely as possible without endangering workers, but in no case more than 20 cutting days behind sawtimber harvest, unless otherwise directed by the Real Estate Contracting Officer or as approved by the Installation Forester.

c. The Real Estate Contracting Officer may suspend or stop logging operations due to specific legal requirements concerning the protection of Endangered Species (plant or animal) and/or Cultural/Historical Resources within the sale area; and if so curtailed or stopped no adjustment in quantity of timber to be harvested, nor the contract price to be paid for the timber left to be harvested shall be made.

d. Timber harvesting operations may be curtailed by the Real Estate Contracting Officer during rainy seasons to prevent damage to the installation's road and drainage systems.

e. Operations may be delayed from time to time and the area closed because of military training. If the sale area is closed as a result of military training the contract may be extended.

f. Harvesting operations will be permitted seven days per week, unless otherwise authorized by the Real Estate Contracting Officer. At the discretion of the Real Estate Contracting Officer or Installation Forester, harvesting operations may be limited to certain hours of the day due to special circumstances.

g. Upon request of the Real Estate Contracting Officer, the purchaser will furnish information as to the percentage of completion of each phase of the sale agreement.

h. Upon completion of the harvesting operations, the purchaser will contact the Real Estate Contracting Officer to arrange for a joint site inspection to determine whether the terms of the contract have been satisfactorily completed.

i. Following any extended period where equipment is removed or cessation of logging occurs the contractor shall notify the Installation Forester of his intention to resume harvesting operations.

8. Extension of Time: The Real Estate Contracting Officer may, by a change order or letter, extend the time allocated for removal, if justified by one or more of the following reasons:

a. Days lost by the purchaser due to closure of the sale area for military training;

b. Days lost by the purchaser due to stoppages or temporary suspensions ordered by the Real Estate Contracting Officer or his duly authorized representative, except when the stoppage or suspensions are ordered because of the purchaser's failure to comply with the provisions of the contract;

c. Labor disputes or catastrophic events beyond the purchaser's control.

The purchaser shall notify the Real Estate Contracting Officer as soon as practical after such a delay begins. Delays resulting from weather will not normally be justification for extensions of time;

d. 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;

e. When purchaser desires an extension of time for his own convenience, provided: (1) the purchaser obtains concurrence for the delay from any sawtimber or pulpwood purchaser also in the sale area(s); (2) the Real Estate Contracting Officer determines that the extension will not endanger final required installation deadlines; (3) the monetary consideration due the Government for such extensions shall be a sum equal to one (1) percent per month of the value of the estimated timber remaining unharvested, or a minimum charge of $100, whichever is greater; and (4) each request of the purchaser for a time extension must be in writing and must be received by the Real Estate Contracting Officer at least 10 days prior to the specified expiration date.

9. Payment:

a. On unit price sales the purchaser agrees to make advance payments for forest products as follows: (1) For contracts of $1,000 or less, the balance of the estimated purchase price is required. (2) For all other contracts, $1,000 or 20 percent of the estimated purchase price, whichever is greater, is required. The remainder will be paid as requested by the Real Estate Contracting Officer, having as an objective that the amount paid shall at all times be the equivalent of at least 20 percent more than the value of forest products cut. Any surplus funds to the purchaser's credit upon completion of removal operations, as required under the terms of the contract, will be refunded to the purchaser.

b. On lump sum sales contracts, the purchaser agrees to make advance payment for stumpage as follows:

c. For contracts below $5,000, payment in full is required within ten (10) days after notice of acceptance of the bid.

d. For all other contracts, $5,000 or 20 percent of the bid price, whichever is greater, is required within ten (10) days after notice of acceptance of the bid.

The remainder of the purchase price shall be paid in 20 percent or larger increments, the frequency of which will be determined by the Real Estate Contracting Officer, having as an objective that the amount paid shall at all times be the equivalent of at least 20 percent more than the value of forest products cut.

Regardless of the percent completion, full payment shall be made before the end of the initial contract period.

10. Reports: When required, the purchaser shall mail or deliver to the Real Estate Contracting Officer, by no later than Saturday of each week, a summary report or statement(s) showing the timber harvested from each cutting unit from which the timber was removed during the preceding week. The report will reflect the volume of sawtimber and non-sawtimber harvested, together with weight and/or load tickets substantiating the report. If the summary report(s) and substantiating tickets or consumer receipts are not promptly received by the date indicated above, all operations under the contract may be suspended until the above data is received.

11. Payment Remittance: All payments shall be made by certified check, cashier's check, bank draft, postal or express money order, payable to the F&A Officer, USAED, Fort Worth. Billing payments will be remitted within ten (10) days of the date of the billing directly to the District Engineer, Fort Worth District, Corps of Engineers, ATTN: CESWF-RE-M, P. O. Box 17300, Fort Worth, Texas 76102- 0300. Envelopes containing reports or payments will be conspicuously marked in the lower left corner as follows:

TO BE OPENED ONLY IN M&D BRANCH, REAL ESTATE DIVISION

12. Inspections: The purchaser's harvesting operations covered by this sale agreement and all books and records relating thereto shall be open to inspection at any time by the Real Estate Contracting Officer with the understanding that the information obtained shall be regarded as confidential. When cutting, logging or other operations under this sale agreement are in progress, the purchaser shall have a representative 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 sale agreement and to take such action thereon as is required by the terms of this sale agreement.

13. Order of Logging: The order of logging will be designated by the Real

Estate Contracting Officer. Purchaser's proposal for sequence of cutting will be considered. All timber that is cut will be harvested and removed and all phases of operations completed within 90-days of the assigned logging unit or area. From time to time, due to military activities, the order of logging may be realigned by the Real Estate Contracting Officer. Operations under this sale agreement will be conducted in a manner that will not interfere with timber harvesting operations under another sale agreement.

14. Methods of Logging:

a. Loading points will be in open areas. The purchaser will be allowed to bank logs in areas designated by the Installation Forester. Log landings will not be permitted within 25 feet of the center line of the main roads.

b. So far as practicable, trees shall be felled in a direction with reference to skid roads which will facilitate skidding and result in minimum damage and the residual stand.

b. Logging may be done by means of mechanical harvesters, including feller-bunchers and clippers, as long as the use of a given piece of equipment does not excessively damage residual trees. Prior approval by the Real Estate Contracting Officer is required before the use of limbing gates or mechanical means for delimbing or debarking the harvested timber. The successful bidder shall provide the Real Estate Contracting Officer or Installation Forester a list of type and size of all equipment to be used on the sale area at the pre-work conference.

15. Slash Disposal: Piling of tops or branches immediately adjacent to live trees will not be permitted. The unused portion of all tops and branches shall be removed from roads, drainage ditches, fire lanes, power lines, pipelines, and mowed areas the same day trees are cut.

16. Stump Heights: Stumps shall be cut as low as practical, (less than or equal to 6”), but in no case higher than twelve (12) inches on the uphill side unless conditions do not allow for it unless exempted by the Real Estate Contracting Officer. A damage may be assessed the purchaser for failure to cut stumps within the specified height.

17. Sawmills: Purchaser shall conduct no sawmill operations on the installation.

18. Security and Vehicle Use:

a. The purchaser shall submit a list of vehicles authorized to transport forest products to the Installation Forester prior to commencement of any removal operation required under this sale agreement. The Provost Marshal’s Office may require all contractor’s vehicles to display identification passes to enter the installation. Vehicles are subject to searches for security purposes prior to entering installations. Due to high volume of traffic during certain periods of the day (morning and evening employee entry for work) vehicles may be restricted from entering the installations. Contractors are urged to schedule their truck entries as not to conflict with these periods.

b. All vehicles shall have a current inspection sticker, if one is required by the state in which the timber is being harvested. All internal combustion engines, saws, tractors, etc., will be required to have a muffler or spark arrester. Log trucks shall comply with the requirements of the state trucking codes concerning lights, securing of loads, load limitation and insurance requirements. Roadways damaged by overloaded trucks shall be promptly repaired by the purchaser. The purchaser shall comply with all depot safety regulations. Haul trucks shall comply with the State of Arizona laws concerning weight, lights, and tie-down of loads.

19. Protection of Facilities and Roadways:

a. All utility lines, ditches, roads and shoulders, bridges, culverts, fences, gates and other facilities located within the reservation, and specifically within the boundaries of the sale area, shall be protected and, if damaged, shall be repaired immediately by the purchaser. Subject to the approval of the Installation Forester, any specified trees which plainly endanger contractors may be left uncut.

b. Logging roads, trails and skid roads may be established when permitted in advance by the Real Estate Contracting Officer or Installation Forester. Upon completion of logging operations in any unit of the sale area, the purchaser shall, as soon as practical, perform such work as may be necessary to prevent soil erosion. Roads, trails, and designated fire lanes shall at all times be kept free of logs, brush, and debris resulting from the purchaser's operations.

c. Maximum utilization of existing gates, roadways, bridges, and fire lanes will be exercised by the purchaser. Only by special permission from the Real Estate Contracting Officer or Installation Forester when conditions warrant shall the purchaser be allowed to construct any roads or bridges on the premises. Truck or other vehicle routes to be followed by the purchaser in connection with the removal of the timber shall be first approved by the Real Estate Contracting Officer or Installation Forester. Restoration of the area to its previous condition where any new routes have been constructed by the purchaser may be required prior to expiration of the sale agreement.

d. Detailed conditions for road use and maintenance may be found in

Exhibit D.

20. Protection of Environment and Cultural Resources:

a. Purchaser's operations shall be conducted to minimize damage and pollution to stream courses within the sale area. Culverts or bridges shall be required at all crossing points and such facilities shall be of sufficient size and design to provide an unobstructed flow of water. When a stream is temporarily diverted by purchaser's operations, it shall be restored to the natural course as soon as practicable, but, in any event, prior to the season of major rainfall. All streams shall be cleared of debris, including felled trees, tops, and logs resulting from purchaser's operations. All stream crossings and operations in wetlands shall be in compliance with the mandatory best management practices for silviculture of Section 404 and 319 of the Clean Water Act of 1977. These requirements can be reviewed at the Installation Forester's or Real Estate Contracting Officer's Office.

c. The purchaser shall be required to conform to applicable Federal, state, county, and local laws or regulations as necessary to prevent the pollution or degradation of environmental quality. Littering Government property with glass, metal, paper, plastic, oils, lubricants, fuels, detergents, or any other solid or liquid pollutants is prohibited. Pollution of the land and water in and around cutting units or areas used to gain access to these units may be cause for immediate suspension or termination of harvesting operations.

c. The purchaser shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, vestiges, remains or objects of antiquity. In the event such items are discovered in the sale area, the purchaser shall immediately notify the Real Estate Contracting Officer, and the site and the material shall be protected by the purchaser from further disturbance until a professional examination of them can be made or until clearance to proceed is authorized by the Real Estate Contracting Officer.

d. More Environmental Protection and Cultural Resource conditions may be found in Exhibit E.

21. Safety Regulations:

a. All operations in connection with the harvesting and removal of forest products sold hereunder shall be conducted in a workmanlike and orderly manner.

Purchaser is responsible to ensure that all equipment and operations conducted under this sale agreement comply with safety and sanitary regulations established by local, state, and Federal agencies. Purchaser is responsible for compliance with all applicable Occupational Safety and Health Administration (OSHA) standards established by Department of Labor (29 C.F.R. 1910.266).

b. No firearms shall be permitted on the installation and no hunting by purchaser personnel shall be permitted by virtue of this sale agreement.

22. Fire Suppression:

a. The purchaser and all subcontractors under him shall exercise due diligence both independently and upon request of the Installation Commander to prevent and suppress forest fires. The purchaser agrees to reimburse the Government for the cost of fire suppression incurred and property damage caused as a result of his negligent or willful acts.

b. During periods of danger, as may be specified by the Installation Commander, the purchaser shall prohibit smoking and building of camp and lunch fires by his employees, contractors, and employees of contractors within the sale area, except at established areas.

23. Termination for Default:

If, after award of the contract, the purchaser breaches the contract by failing to make any payments as required, or by failing to remove the timber as required, then the Real Estate Contracting Officer may…