IFB Final.pdf

MCAS BEAUFORT AIRFIELD – PAY-AS-CUT - TIMBER SALE

N40085-26-RP-00158

2026 MCAS BEAUFORT Pay-As-Cut TIMBER SALE

INVITATION FOR BIDS

AT

MARINE CORPS AIR STATION BEAUFORT

BEAUFORT, SOUTH CAROLINA

TABLE OF CONTENTS:

I. SOLICITATION, OFFER & AWARD

A. Invitation for Bids (IFB)

B. General Description of Work

1. Intention

2. Quantities

3. Load Tickets

4. Payment

5. Utilization Standards

6. Trees to be Harvested

C. Location, Boundaries, and Maps

D. Term of Contract and Time of Completion

1. Interruptions

E. Bids

1. Instructions for Submitting Bids

2. Amendment to IFB

3. Bid Form

4. Bid Responsiveness

5. Contractor Responsibility

6. Execution of Bids

7. Bid Deposit

8. Bid Continuing Offer

9. Acceptance of Bid

10. Late Bids, Withdrawals, Modifications and Rejections

11. Bid Opening, Contents Made Public

F. Contract Award

1. Government Representatives

2. Bid Opening Officer

G. Cutting of Additional Timber

H. Performance Bond/Irrevocable Letter of Credit

I. Insurance

J. Payment

K. Transfer of Ownership

L. Contract Closure

1. Settlement

M. Form 114C Modifications and Supplement 114 C

1. Delivery and Removal of Property (Clause 7, Title)

II. CLAUSES

A. Changes

1. Changes in Marking or Designation

B. Disputes

1. Resolution of Disputes

C. Warranties

D. Failure to Perform

E. Damage to Government Property

F. Additional Rights of Government

G. Termination for Convenience of the Government

H. Sub-Contractors

I. Equal Opportunity

J. Inspections

K. Gratuities

L. Installation Regulations

1. Gate Access

2. Citizenship

3. Security Requirements

4. Working Hours

5. Prohibition of Smoking

6. Prohibition of Firearms, Explosives and Pyrotechnic Devices

7. Prohibition of Alcohol and Illegal Substances

8. Prohibition of Hunting, Trapping and Fishing

9. Environmental Management System (EMS) Training

M. Protection of Cultural Resources

N. Protection of Endangered Species

O. Containment of Hazardous Materials and Wastes

P. Export Restrictions

III. PERFORMANCE SPECIFICATIONS

A. Cutting & Utilization

1. Order of Logging

2. Cutting

3. Establishment of Temporary Facilities and Roads

4. Unauthorized Removal of or Damage to Standing Timber

a. Excessive Damage Penalties

5. Uncut Designated Trees

B. Removal of Temporary Facilities and Sanitation and Cleanup

1. Temporary Facility Removal

2. Sanitation and Clean-up

C. Slash Disposal and Treatment

D. Protection of Streams, SMZs, Soil Erosion, and Damage (BMPs)

1. Protection of Streams, Streamside Areas, and Other Water Bodies

2. Prevention and Control of Soil Erosion and Soil Damage

3. Canal and Ditch Crossings

4. Wet Soils

E. Pre-Harvest Conference

F. Performance Evaluation Meetings

G. Logging Operations

H. Access Points and Designated Haul Routes

I. Log Loading Decks and Skidding

J. Tree Paint and Equipment

K. Emergency Removal of Timber in the Event of Disaster Conditions

IV. GOVERNMENT SAFETY REQUIREMENTS

A. Part 1: General

1. References

2. Submittals

3. Requirements

4. Site Qualifications, Duties and Meetings

a. Personnel Qualifications

(1) Site Safety and Health Officer (SSHO):

b. Personnel Duties

(1) Site Safety and Health Officer (SSHO):

c. Meetings

(1) Pre-Work Safety Conference

(2) Safety Meetings

5. Accident Prevention Plan (APP)

6. Activity Hazard Analysis (AHA)

7. Site Safety Reference Materials

8. Reports

a. Accident Reports

b. Accident Notification

9. Hot Work

B. Part 2: Execution

1. Logging Operations

2. Pre-Outage Coordination Meeting

3. Logging and Forestry Equipment

4. Fall Protection and Prevention Program

a. Training

b. Fall Protection Equipment and Systems

(1) Personal Fall Arrest Equipment

c. Existing Anchorage

d. Rescue and Evacuation Procedures

I. SOLICITATION, OFFER & AWARD

A. Invitation for Bids (IFB): Sealed bids will be received for purchase and removal of Timber located on Marine Corps Air Station (MCAS) Beaufort, Beaufort South

Carolina. Bids will be opened publicly at 2:00 P.M. local time on Monday, June 1, 2026, and read at the office of the NAVFAC MIDLANT-FEAD, Marine Corps Air

Station (MCAS) Beaufort, Building 616, Beaufort, SC, 29904. This is a pay-as-cut timber sale with a firm-fixed unit price.

All questions concerning the specifications occurring prior to bid opening shall be presented to NAVFAC MIDLANT FEAD, Supervisory Contracting Officer, Rozella

Johnson, telephone (843) 228-8574. Questions requiring interpretation of specifications must be submitted at least three (3) days before bid opening. Interpretations or modifications to specifications made as a result of questions will be made by amendment by a Real Estate Contracting Officer (RECO) only, and unless so done, all bidders should base their bids on the plate and specifications as issued.

B. General Description of Work: The work shall be located at (see map on following page) MCAS Beaufort, Beaufort, South Carolina, to include the Mainside area, the Laurel Bay military housing area and other AICUZ properties. All labor, materials and/or equipment necessary for the completion of the contract including loading, shall be furnished by the Purchaser.

1. Intention: This is a pay-as-cut timber sale designed to expedite the harvest of timber for construction projects and/or silvicultural work with a short completion time and/or logistical difficulties due to location or training conflicts. Purchaser should begin harvesting as soon as practical (i.e., security requirements are met and weather conditions allow), once a project has been offered.

Pay-as-cut timber sale definition: Timber is sold to the bidder with the highest unit prices. Purchaser pays only for the trees harvested. Payment for timber is made as cutting progresses per Section I(B)(4) of this IFB. Payment owed is determined by multiplying mill weight tickets by appropriate unit prices.

MCAS Beaufort Pay-As-Cut Timber Sale Area

NOTE: MAP FOR ILLUSTRATION PURPOSES ONLY; NOT TO SCALE

2. Quantities: Bids shall be submitted, in duplicate, on Standard Form 114-

B, based upon the following estimated quantities (See “Exhibit A” for estimate details):

Classification of Work Estimated Quantities Unit Price Total Price

Pine Saw Timber 1000 Tons $ $

Pine Chip and Saw 1000 Tons $ $

Pine Pulpwood 1000 Tons $________ $_______

Hardwood Saw Timber 500 Tons $ $

Hardwood Pulpwood 500 Tons $ $

Pine/Hdwd Clean Chips 1000 Tons $ $

Pine/Hdwd Fuel Chips 1000 Tons $ $

GRAND TOTAL $

UNIT PRICES MUST MEET OR EXCEED THE GOVERNMENT

ESTIMATE UNIT PRICE FOR EACH PRODUCT. A BIDDER’S UNIT

PRICE THAT IS LESS THAN THE GOVERNMENT ESTIMATE UNIT

PRICE FOR ONE OR MORE PRODUCT WILL RESULT IN THE BIDDER’S

ENTIRE BID BEING REJECTED, REGARDLESS OF THEIR OTHER UNIT

PRICES, TOTAL PRICES, OR GRAND TOTAL.

The unit prices will be multiplied by the corresponding estimated quantities to determine a total price for each product. All total prices will then be added and the bidder with the highest grand total will be the winner, provided the bidder’s unit price meets or exceeds the government estimate unit price for each and every product.

THE FOREGOING ESTIMATED VOLUMES ARE NOT GUARANTEED.

THERE MAY BE SIGNIFICANTLY MORE OR LESS VOLUME

HARVESTED, DEPENDING ON THE NUMBER OF PROJECTS THAT ARE

HARVESTED DURING THE CONTRACT PERIOD.

3. Load Tickets: The Purchaser shall maintain at the loading point a supply of load trip tickets, which will be provided by the Purchaser. The 3- part tickets shall be filled out at the loading point for each and every load of logs or wood removed from the sale area. The “Truck’s” copy is to be retained by the truck driver as evidence of authority to transport Navy/USMC forest products from the installation. The “Producer’s” copy is to be retained, in the booklets, at the loading point and will be collected by the GTR. The “File” Copy is to be retained by the Purchaser. Load tickets that are missing can be tallied at the weight of the largest load ticket for the sale and as any product, as determined at the discretion of the GTR. Each load ticket will include tract, date, time, species, product, hauler, and destination. Load tickets must be completed before each load departs from the deck.

4. Payment: Payments will be calculated using Purchaser’s product unit prices multiplied by weights determined from mill tickets. Mill tickets will be matched and verified with corresponding load tickets. Mill tickets will be provided by Purchaser, for matching, weekly or at an interval determined by the GTR. Payment(s) for harvested timber will be made at an interval determined by the GTR. Payment intervals will be based on performance, amount outstanding, and budget requirements. Payments shall be made by certified check, cashier’s check, bank draft, or postal or express money order, payable to the Treasurer of the United States. Failure to remit requested payments within 14 days will result in a stop work order for all work being done under this Contract. No time lost due to such stop-order shall be made the subject of a claim for the time extension or excess costs or damages to the Purchaser.

5. Utilization Standards: The following specifications will be used in merchandising products. Failure to merchandise timber accordingly can result in termination of this contract and loss of performance bond at the discretion of the RECO and the GTR.

PINE SAW TIMBER

Minimum Length Log - 8 feet after first 16-foot log

Minimum Diameter Breast Height - 14 inches D.O.B

Minimum Diameter Small End - 8 inches D.I.B

PINE CHIP & SAW

Minimum Length Log- 8 feet after first 16-foot log

Minimum Diameter Breast Height- 10 inches

D.O.B. Min. Diameter Small End- 5 inches D.I.B.

PINE PULPWOOD

Minimum Length Tree - 20 feet

Minimum Diameter Breast Height - 6 inches D.O.B Minimum Diameter Small End - 3 inches D.I.B

HARDWOOD SAW TIMBER

Minimum Log Length - 8 feet after first 16-foot log

Minimum Diameter Breast Height - 14 inches D.O.B

Minimum Diameter Small End - 10 inches D.I.B

HARDWOOD PULPWOOD

Minimum Length Tree - 20 feet

Minimum Diameter Breast Height - 6 inches

D.O.B. Minimum Diameter Small End - 4 inches

D.I.B

PINE AND HARDWOOD CLEAN CHIP*

Trees less than 6 inches DBH, residual logging debris, and trees greater than 6 inches DBH that are otherwise un-merchantable, with bark removed.

PINE AND HARDWOOD FUEL CHIP*

Trees less than 6 inches DBH, residual logging debris, and trees greater than 6 inches DBH that are otherwise un-merchantable, with bark intact.

*Must be chipped on site.

6. Trees to be Harvested: Harvest boundaries will be marked by stakes, flagging, or paint. Trees outside of the harvest boundaries will not be cut. Trees will be harvested per instruction given by the RECO or the GTR. Any disputes as to whether a tree should be harvested is subject to the decision of the RECO or the GTR.

All trees cut outside the harvest boundary shall be paid for as specified under “Unauthorized Removal of or Damage to Standing Timber,” unless prior written approval is given for their removal.

C. Location, Boundaries and Maps: The location of the timber will be identified as determined by construction project requirements, hurricane/fire salvage areas, hard to access areas due to training conflicts, or as need arises.

D. Term of Contract and Time of Completion: All work in this Contract shall be completed prior to December 31, 2027. The entire work shall be completed during the term of the Contract. In the event work of the Purchaser is interrupted by military training or stopped by the RECO or GTR for other reasons, an extension of time may be granted. Any extension must be requested in writing to the RECO prior to the closing date of the Contract. If an extension is approved, it will be given by the RECO in writing.

1. Interruptions: Interruptions due to military operations/activities or excessively wet soil conditions may occur during the contract period.

During these occurrences, the Purchaser may be denied access to affected areas. As interruptions occur, additional time (no cost) may be negotiated, if required, to complete the Contract. The additional time granted, if any, shall be determined by the RECO, but shall not be less than the time period of denied access.

E. Bids

1. Instructions for Submitting Bids:

a. Bid submissions shall include the following information:

(1) SF 114 (Sale of Government Property – Bid and

Award) (with middle section completed); and

(2) Bid Security in the form of a bid bond in the amount of $5,000.00. (See Paragraph 7 below for further instructions regarding your bid deposit); and

(3) Successful Purchaser will be required to provide a performance bond in the amount of $15,000.00. Bond should be in the form of an Irrevocable Letter of Credit must be valid for two years from award date.

b. Bids are due no later than 2:00 P.M. local time, June 1, 2026 and shall be submitted in a sealed envelope. The outside front of the envelope shall be clearly printed in dark ink

“SEALED BID, Timber Sale, N40085-26-RP-00158” and addressed to:

FEAD Beaufort

Marine Corps Air Station Beaufort

Building 616 Public Works

Beaufort, SC 29904

c. A potential Purchaser with a hand carried bid shall allow adequate time for security clearance at the gate and adequate time to reach the bid opening location from the gate. The bid opening location is FEAD Beaufort, MCAS Beaufort, Building 616 Public

Works, Beaufort, SC 29904.

d. Visitor pass requests for bid opening shall be sent to Gary

Herndon, at gary.herndon@usmc.mil (843-228-7464). All visitors must pick up visitor passes at the Main Gate Visitors Center.

Anyone delivering bids must be a U.S. Citizen and possess a valid

Real ID compliant driver’s license or other Government-issued picture ID.

mailto:gary.herndon@usmc.mil

e. Bid opening will be held at the office of the Facilities

Engineering Acquisitions Department (FEAD), Building 616

Public Works, Marine Corps Air Station Beaufort South

Carolina, 29904, at precisely 2:00 p.m. local time as indicated by the clock in the bid opening room.

2. Amendment to Invitation for Bid:

a. If this IFB is amended, then all terms and conditions which are not modified remain unchanged.

b. Potential Purchasers shall acknowledge receipt of any amendment to this IFB by signing and returning the amendment; by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid; by letter; or by facsimile.

c. The Government must receive the acknowledgment of any amendment by the time and at the place specified for receipt of bids.

3. Bid Form:

a. Bids shall be prepared in accordance with the IFB and Standard Form 114 (Sale of Government Property -- Bid and Award).

b. Bids and the receipt of acknowledgement of an amendment to this IFB, if applicable, shall be submitted in a sealed envelope or package addressed to the office specified in this solicitation, and showing the time specified for receipt, this solicitation number, and the name and address of the Purchaser.

c. Bids may be modified or withdrawn by written notice, if such notice is received by the time specified for receipt of bids.

d. Facsimile bids will not be considered.

e. Bids submitted by electronic commerce shall not be considered.

4. Bid Responsiveness: A bid shall be considered responsive if it unequivocally offers to provide the requested service at a firm, fixed price. The Government will only accept a responsive bid and must reject any bid that fails to conform to the essential requirements of this IFB. The responsiveness of each bid is to be determined by the RECO or bid opening officer at the time of bid opening by ascertaining from the face of the bid documents whether or not the bid meets all of the IFB’s essential requirements.

5. Contractor Responsibility: In accordance with the Federal

Acquisition Regulation (FAR) Part 9.103(a), the contract shall only be awarded to a responsible prospective contractor. To be responsible, the

Purchaser must meet the standards of responsibility set forth in FAR

Part 9.104. Responsibility shall be determined by the RECO or bid opening officer at any time prior to award.

6. Execution of Bids: A bid executed by an attorney or agent on behalf of the Purchaser shall be accompanied by an authenticated copy of his Power of Attorney or other evidence of his authority to act on behalf of the Purchaser. If the Purchaser is a corporation, the Certificate of

Corporate Bidder must be executed. If the bid is signed by the Secretary of the Corporation, the Certificate must be executed by some other officer of the corporation, under the corporate seal. In lieu of the Certificate of

Corporate Bidder, you may include copies of records of the corporation that shows the official character and authority of the officer signing.

These copies must be duly certified by the Secretary or Assistant

Secretary, under the corporate seal, to be true copies.

7. Bid Deposit: Each bid must be accompanied by a bid bond in the amount of $5,000 in the form of an Irrevocable Letter of Credit (ILC).

The ILOC should be valid for the life of the sale and show the beneficiary as:

Department of the Navy

Naval Facilities Engineering Command, Mid-Atlantic

9324 Virginia Avenue

Norfolk, VA 23511-3212

All non-winning $5,000.00 bid deposits will be returned within 5 days of bid opening.

8. Bid Continuing Offer: All bids received shall be deemed to be continuing offers for a period of thirty (30) days following the date and time of opening of bids. Any Purchaser not having received notice of acceptance or rejection within thirty (30) days after bid opening may consider his bid rejected.

9. Acceptance of Bid: Notice by the Government of acceptance of the bid, if not personally made to the successful Purchaser or a duly authorized representative of such Purchaser, shall be deemed to have been sufficiently given when mailed to the Purchaser or his duly authorized representative at the address indicated in the Purchaser’s bid submission.

10. Late Bids, Withdrawals, Modifications and Rejections: Any bid submission not containing a proper bid deposit may be rejected as non- responsive. Any bid deposit received after bid opening will be considered a late bid. If done prior to the bid opening provided in this

IFB, bids may be modified or withdrawn by written notice and a bid also may be withdrawn in person by the bidder or his authorized representative, provided his identity is made known and he signs a receipt for the bid. Any bid modification which increases the amount of a bid already submitted or which submits bids on items not previously bid on must provide for an increased bid deposit

Bids, modifications, or withdrawals thereof, must be in the possession of the RECO by the time set for bid opening. Any bid, modification, or withdrawal received after the time set for bid opening will not be considered unless received by the RECO prior to award and contains postmark certification it was mailed and in fact delivered to the address specified in this IFB in sufficient time to have been received by the

RECO. In no event will hand-carried bids or withdrawals be considered if delivered to the RECO after the exact time and date set for bid opening.

However, a modification which makes the terms of the otherwise successful bid more favorable to the Government will be considered at any time it is received prior to award and may be accepted.

The Government reserves the right to reject any or all bids, to waive any technical defect or informality in bids received, and to accept or reject any bid or portion thereof.

11. Bid Opening, Contents Made Public: It will be the duty of each

Purchaser to deliver their bid within the time and at the place prescribed in this IFB. Bids received prior to the time of opening will be securely kept unopened until the time set for opening. At the time of the bid opening, their contents will be made public by announcement for the information of Purchasers and others properly interested who may be present either in person or by representative.

F. Contract Award: The contract will be awarded to that responsible

Purchaser whose bid conforms to the IFB and is the highest bid. Bid items must be on an “all-or-none” basis and incomplete bids may be rejected. No split or partial awards will be made. In the event of an arithmetic error between the unit price and total price, the higher price shall govern. A written award mailed

(or otherwise furnished) to the successful Purchaser within the time for acceptance provided in the IFB shall be deemed to result in a binding contract without any further action by either party.

1. Government Representative: The RECO may designate a GTR to manage all technical aspects of this contract. The GTR may notify the Purchaser of any noncompliance with bid or contract provisions and action to be taken. Notification shall be either verbal, written, or both. The Purchaser shall, immediately after receipt of such notice, correct the unsatisfactory condition.

Failure to comply shall be cause for issuance a stop-order for all or part of the work. Stop-orders are issued by the RECO. No time lost due to such stop-order shall be made the subject of a claim for a time extension or excess costs or damages to the Purchaser.

2. Bid Opening Officer: The RECO may designate a bid opening officer to conduct the bid opening on June 1, 2026 at 2:00 PM local time. If designated, the bid opening officer shall decide when the time set for bid opening has arrived and shall so declare it to those present.

G. Cutting of Additional Timber: At the recommendation of the GTR, and discretion of the RECO, the Purchaser may be requested to remove additional merchantable timber during the term of this Contract. If the Purchaser agrees to remove the additional timber, such timber will be marked and the volume estimated by the Government and paid for by the Purchaser at the contract pay-as-cut price, or at negotiated prices in instances where either the timber has significantly different value, or when the Purchaser is required to move operations to another site to harvest the timber.

H. Performance Bond/Irrevocable Letter of Credit: Within thirty (30) days after contract award, the successful Purchaser shall furnish a performance bond on Standard Form 1418 or an Irrevocable Letter of Credit (ILC) in a form acceptable to the RECO or its GTR. The performance bond shall be in the amount of $15,000.00, and is in addition to, not in lieu of, the payments to be made in the performance of the contract. This surety will be released upon the successful completion of the Contract. The bond of any surety company holding a certificate of authority from the Secretary of the Treasury as an acceptable surety on Federal bonds will be accepted. The ILC shall conform to the requirements of Federal Rules of Acquisition (FAR) Section 28.204-3 in a form prescribed in FAR 52.228-14.

The contract time for purposes of fixing the completion date, default, and liquidated damages shall be stated on the award document.

I. Insurance: Within 30 days after contract award, the Purchaser shall furnish the RECO, or his/her designated representative, prior to being issued the

Notice to Proceed, a certificate of insurance as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified below. This insurance must be maintained during the entire period of this

Contract. The certificate of insurance shall provide for a thirty-day written notice to the Government by the insurance company prior to cancellation or material change in policy coverage.

Comprehensive General Liability: $500,000 per occurrence

Automobile Liability: $200,000 per person; $500,000 per occurrence for bodily injury, $20,000 per occurrence for property damage.

Worker's Compensation: As required by federal and state worker's compensation and occupational disease statutes.

Employer's Liability Coverage: $100,000, except in state where worker's compensation may not be written by private carriers.

Other: As required by applicable state law.

J. Payment: Payments shall be made by certified check, cashier’s check, bank draft, or postal or express money order, payable to the Treasurer of the

United States. Failure to remit the required payments in a timely manner will result in a stop work order for all work being done under this Contract. No time lost due to such stop-order shall be made the subject of a claim for a time extension or excess costs or damages to the Purchaser.

K. Transfer of Ownership: All standing timber designated for removal or wood products included in this Contract shall remain the property of the

Government, until the same are removed from Government property.

L. Contract Closure: The RECO shall give appropriate written notice to the

Purchaser when the Purchaser has complied with all of the terms of this Contract.

1. Settlement: If obligations of the Purchaser have not been fully discharged by the Expiration Date or extension thereto of this Contract, any money advanced or deposited hereunder shall be retained to be applied toward unfulfilled obligations of the

Purchaser without prejudice to any other rights or remedies of the Government.

M. Form 114C Modifications and Supplement:

1. Delivery and Removal of Property Clause 7, Title, is hereby modified as follows:

a. Title to the timber in each tract as defined in the specification shall vest in the Purchaser as and when full and final payment for the timber in each tract is made and severance from the soil of such timber is accomplished and removed from Government property in accordance with

Paragraph K above. The Purchaser shall remove the property at his expense.

II. CLAUSES

A. Changes: The RECO may, at any time, by written order, and without notice to the sureties, make changes in the maps and/or specifications of this

Contract, if within its general scope. If such changes cause an increase or decrease in the Purchaser's time required for performance of this Contract, an equitable adjustment shall be made and the contract modified in writing accordingly. Any claim of the Purchaser for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Purchaser of the notification of change unless the RECO grants a further period of time. If the parties fail to agree upon the adjustment to be made, the dispute shall be determined as provided in paragraph II. B., Disputes, below. Nothing provided in this clause shall excuse the Purchaser from proceeding with the prosecution of the work as changed.

1. Changes in Marking or Designation. Within the sale area, minor adjustments may be made in boundaries of cutting units or in the timber individually marked for cutting when acceptable to the Purchaser, Government Technical Representative, and

RECO. The Contract modifications shall be by written and signed modifications to the contract. No verbal representations by the

RECO, Government Technical Representative or Purchaser shall constitute a contract modification.

B. Disputes:

1. Resolution of Disputes: Except as otherwise provided in the

Invitation, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the

RECO, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof the Purchaser. The decision of the RECO 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

RECO a written appeal addressed to the Commanding Officer of Naval

Facilities Engineering Command (NAVFAC) Mid-Atlantic. The decision of the NAVFAC Commanding Officer, or his duly authorized representative, for the determination of such appeals shall be final and conclusive. 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 dispute hereunder, the Purchaser shall proceed diligently with the performance of the Contract and in accordance with the RECO’s decision.

C. Warranties: The Government does not make any guaranty or warranty, express or implied, as to the quantity, quality, character or condition, size or kinds of timber, or that the same are in condition or fit to be used for the purpose for which intended. The property is offered for sale on an "as is" and "where is" basis.

D. Failure to Perform. In the event the Purchaser fails to make payment, fails to remove the property, and/or fails to cure a default within the time allowed by the notice given by the RECO, the Purchaser will lose all right, title, and interest which he might otherwise have acquired in and to the property as to which the default occurred.

The failure of the Government to insist, in one or more instances, upon the performance of any term of this Contract is not a waiver of the Government's right to future performance of such term, and the Purchaser's obligation for future performance of such term shall continue in effect. Upon receipt of a written notice of failure to perform, title to timber shall not vest to the Purchaser under this Contract, except for timber that has been removed from Government property. The Purchaser and its sureties shall be liable for any damage to the

Government resulting from the Purchaser's refusal or failure to perform any term of this Contract, whether or not the Purchaser's right to proceed with work is terminated.

E. Damage to Government Property. In the event of damage, including damage by contamination, to any Government property by the Purchaser, his officers, agents, servants, employees, subcontractors, licensees or invitees, the

Purchaser, at the election of the Government, shall promptly repair, replace, clean-up, or make monetary compensation for the repair, replacement, or clean-up of such property to the satisfaction of the Government. The following structures and features constituting Government property may be located within and adjacent to the timber sale area: underground utilities, monitoring wells, black-topped roads, gravel roads, buildings, fences, above ground fuel tanks, underground fuel tanks, pipelines, antennas, culverts, canals, ditches, wetlands, agricultural fields, and debris piles. This list is not intended to be inclusive, and damage to any Government property, is covered by this provision. The Purchaser is responsible for locating and properly labelling any of the aforementioned structures and/or features to avoid any such damage.

F. Additional Rights of Government: The rights of the United States

Government in the event of default or non-performance, as provided for herein, shall not be exclusive but shall be in addition to any other rights it may have at law or in equity to claim for expenses or damages incurred by the Government because of such default or failure in performance.

G. Termination for Convenience of the Government: The RECO, by written notice, may terminate this Contract, in whole or in part, when it is in the

Government's interest. Upon receipt of the termination notice, title to timber that has been severed from the stump but not removed from Government property shall transfer from the Government to the Purchaser. Under this clause, the

Purchaser shall have ten (10) working days to remove the severed timber from

Government property and shall be responsible for payment of such timber severed from the stump but not yet removed from Government property.

If this contract is terminated, Purchaser’s remedy is limited to recovery of out-of-pocket expenses upon receipt of evidence as required by the Government. These expenses shall not include lost profits, attorney’s fees, replacement cost of timber, or anticipatory losses.

H. Subcontractors: The Purchaser shall also furnish a certificate of insurance as evidence of the existence of such coverage for all subcontractors who will work on the job. This certificate shall be furnished not less than five days before such subcontractor enters Government premises.

I. Equal Opportunity. In connection with the performance of work under this Contract, the Purchaser agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

J. Inspection: The Purchaser, his employees, subcontractors, and their employees shall conduct all activities in a safe and professional manner at all times. The above mentioned persons shall at all times cooperate in making it possible for the RECO or his representative to safely and economically scale, inspect the cutting, logging, or other activity of the Purchaser and to conduct their official duties in the sale area and vicinity.

K. Gratuities:

1. 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 of the Navy or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the

Purchaser, or any agent or representative of the Purchaser, to any officer or employee of the Government with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract; provided that the existence of the facts upon which the Secretary or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court.

2. In the event this contract is terminated, the Government shall be entitled (i) to pursue the same remedies against the Purchaser, and

(ii) as a penalty, in addition to any other damages to which it may be entitled by law, the exemplary damages in an amount (as determined by the Secretary or his duly authorized representative) which shall be not less than three nor more than ten times the costs incurred by the Purchaser in providing any such gratuities to any such officer or employee.

The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract.

L. Installation Regulations: The Purchaser shall comply with all installation regulations. The Purchaser shall be notified of such regulations at the Pre-Harvest

Conference, and any other time thereafter if necessary. The Purchaser shall allocate time to obtain installation identification passes for all personnel. A list of personnel names, social security numbers, and dates of birth shall be required. In addition, personnel entering the installation with privately owned vehicles shall be required to register their vehicles with installation security. The Purchaser and its invitees and contractors agree to absorb all costs, including time and expenses, associated with gaining access to the Installation under the DBIDs or similar program.

1. Gate Access:

(a) Commercial Trucks: Purchaser shall primarily utilize the Commercial Vehicle Entrance Gate, except during hours in which it is closed. Other gates may be authorized by Physical Security and/or the Provost

Marshal’s Office.

(b) Non-commercial Vehicles: Private vehicles will be permitted to use the following gates: Main Gate and

Commercial Vehicle Entrance Gate. Other gates may be authorized by Physical Security and/or the Provost

Marshal’s Office.

(c) All visitors must pick-up visitor passes at the

Visitors Center located at the Main Gate. All employees must possess a valid Real ID compliant driver’s license or other Government issued picture ID.

2. Citizenship: No employee or representative of the Purchaser shall be admitted to the timber sale area unless he furnishes satisfactory proof that he is a citizen of the United States or, if an alien, proof of legal United States residency. The Purchaser shall provide, in writing, and without cost to the Government, all information concerning identification and citizenship of the employees. The

U.S. Citizenship and Immigration Services (USCIS) has the authority to enter Navy shore installations, without delay and at reasonable times, to conduct routine citizenship investigations.

3. Security Requirements: All persons applying for admittance to installation s must have picture identification in their possession at the time of application. The Purchaser agrees to comply with the security regulations of the installation including search of personnel or vehicles, when conditions so require.

All Contractor employees shall obtain the required employee and vehicle passes as required.

4. Working Hours: Except as may otherwise be specified, all work shall be performed during regular working hours between 6:00 a.m. and 8:00 p.m. Monday through Friday local time. No work will be scheduled or planned to be done on Saturdays, Sundays, holidays, or outside regular working hours unless otherwise specified or directed.

5. Prohibition of Smoking: Smoking is allowed in designated areas only.

6. Prohibition of Firearms, Explosives, and Pyrotechnic Devices:

Firearms, explosives, and pyrotechnic devices are prohibited on

Government property.

7. Prohibition of Alcohol and Illegal Substances: Possession or drinking of intoxicating beverages, or possession or use of illegal substances, is not permitted. Persons determined to be under the influence of alcohol or illegal substances will not be permitted onto Government property and will be banned from future entry.

8. Prohibition of Hunting, Trapping, and Fishing: The Purchaser is prohibited from hunting, trapping, or fishing on Government property.

9. Environmental Management System (EMS) Training: All contractor personnel will complete an EMS training course at no cost to the contractor. This task will be performed during the

Pre-Start Safety Meeting held before logging operations begin.

Material will be provided by the GTR, and a training roster will be signed and kept on file.

M. Protection of Cultural Resources: Locations of known or prehistoric sites, buildings, objects, and properties related to American history, architecture, archaeology and culture, such as settler or Indian artifacts, protected by American

Antiquities Act of 1906 (recodified at 54 U.S.C. §§ 320301-320303), National

Historic Preservation Act of 1966 (recodified at 54 U.S.C. §§ 300101 et. seq.), and the Archeological Resources Protection Act of 1979 (16 U.S.C. §§ 470aa-mm) shall be identified within the proposed sale area by the GTR. The RECO may unilaterally modify or cancel this contract to protect an area, objects of antiquity, artifact, or https://advance.lexis.com/api/document/collection/statutes-legislation/id/8SDD-0X62-D6RV-H53B-00000-00?cite=54%20USCS%20%C2%A7%20320301&context=1000516 https://advance.lexis.com/api/document/collection/statutes-legislation/id/8SDD-0X62-D6RV-H4HW-00000-00?cite=54%20USCS%20%C2%A7%20100101&context=1000516 similar object which is or may be entitled to protection under these Acts regardless of when the area, object, or artifact is discovered or identified. Discovery of such areas or objects by either party shall be promptly reported to the other party. Purchaser shall protect all known and identified historic or prehistoric sites, buildings, sites, objects and properties related to American history, architecture, archaeology, and culture against destruction, obliteration, removal, or damage during Purchaser’s operations. If destroyed, obliterated, removed, or damaged during Purchaser’s operations, then

Purchaser shall bear all costs of restoration, provided that such payment shall not relieve Purchaser from civil or criminal remedies otherwise provided by law.

N. Protection of Endangered Species: Areas harboring endangered species will be identified as “OFF LIMITS” Areas. The Purchaser and Government will post "OFF

LIMITS" signs in the buffer zone adjacent to endangered species habitat or mark the area in (color) paint prior to logging operations. Violation of off-limits area(s) may result in termination of the Contract, debarment of the purchaser/logger from accessing/operating on the Installation in the future, and/or may subject the prosecution under the Endangered

Species Act of 1973, codified at 16 U.S.C. §§ 1531 et seq., as well as any other applicable Federal, state, and local law.

O. Containment of Hazardous Materials and Wastes: The Purchaser is required to contain, clean, and report all spills of hazardous materials. If a spill of hazardous materials occurs, the Purchaser shall notify the RECO as soon as practicable or within 4 hours, providing all relevant facts and circumstances. No hazardous substance may be discharged onto the ground or into the streams and surface waters. This includes all petroleum products, waste oil and lubricants (POLs). Any repair or maintenance which could result in leakage or spillage of POLs or any hazardous substance must be done in such a manner as to prevent it from entering the land, any ditches, streams, or natural drainage. Used POLs and other hazardous material will be containerized and removed from the Installation by the Purchaser in accordance with applicable Federal, State and local laws. The

Government may request from the Purchaser a more detailed written description of these facts and circumstances within a time period specified by the Government. The Purchaser shall bear cost of clean-up of all spillage.

P. Export Restrictions: No export restrictions apply to this contract.

III. PERFORMANCE SPECIFICATIONS

A. Cutting & Utilization

1. Order of Logging: Within the sale area, operations must proceed in an orderly manner, which will lend itself to daily Government inspection. Logging operations shall be permitted in no more than two cutting units at any one time. As operations are completed in one of the two sale areas chosen by the Purchaser, only then will commencement of logging operations proceed to the next sale area. Completed logging units will be jointly inspected by the Purchaser's representative and the RECO, or their GTR.

2. Cutting: Trees to be cut will be designated by the GTR. Stump or stump splinter height of cut trees shall not exceed one (1) foot or be less than four (4) inches from the surface of the ground on all sides. No trees with blue and/or white shall be cut without permission of the RECO or the

GTR.

3. Establishment of Temporary Facilities and Roads: The construction of roads, temporary structures, logging decks, or other improvements for the logging of the timber, except for sawmills, will be permitted provided that the plans, locations and arrangements for removal, if necessary, are approved, in writing, in advance by the GTR. Temporary structures for sanitation purposes must be approved by the GTR in writing.

The Purchaser shall leave and enter main roads at designated places in order to protect seeded road shoulders and to use secondary existing roads and turnoffs where available. When secondary roads or turnoffs are not available and grassed road shoulders must be used for access, all possible precautions shall be used to prevent damage and an unsightly situation.

Damage to roads, road shoulders whether grassed or dirt, seeded areas such as wildlife openings, bridges, fences, or other improvements shall be repaired by the Purchaser so as to restore the areas to the condition which existed before use. All protective measures such as gravel for haul and skid roads or road shoulders shall be performed by the Purchaser before damage becomes severe or unsightly without cost to the Government. All roads must be kept clean and passable to two-wheel drive vehicles at all times. Ingress to the sale area to be cut shall be directly from a road and then up and down the area to be cut insofar as possible. Egress shall follow the reverse procedure.

(a) Purchasers will not use woods haul roads or wheel-skidder trails during periods of wet weather when trails and roads are likely to be rutted to a depth greater than 0.3 feet measured perpendicular to direction of travel, or at the discretion of the GTR.

The RECO, or their designee, may, at his option, order a stoppage of skidding or hauling on woods trails or wood roads. Any work stoppage ordered by the RECO shall be furnished to the Purchaser in writing and the completion date may be extended by the number of days affected by the work stoppage.

(b) The use of tracked equipment having a blade or frame wider than the width of the tracks is restricted to:

(1) Maintenance of established trails currently graded and maintained by the Installation.

(2) Construction and maintenance of necessary new haul roads as approved by the GTR.

(3) Assistance of disabled vehicles.

(4) Within the limits of designated areas to be cut only for felling trees, with no other use being permitted without prior approval.

4. Unauthorized Removal of or Damage to Standing Timber: All trees cut by the Purchaser outside of designated areas shall be paid for by the Purchaser at the established contract prices. In addition, a penalty of double stumpage and/or $50 per tree may be charged at the discretion of the GTR. All trees excessively damaged by the Purchaser outside the timber sale areas shall be paid for by the Purchaser at {rate to be determined by value of timber within sale area}. Damage is defined as injury to living crown, bole, or roots of trees resulting in a wound greater than 28 square inches in size. Such timber will be tallied and the volume determined by the Government.

Unauthorized cutting, at the discretion of the RECO, may result in termination of the Contract. The GTR shall make the determination of excessive damage. If directed by the GTR, the damaged trees shall be harvested.

a. Excessive Damage Penalties: The harvesting of timber shall be accomplished with the use of conventional logging equipment and the application of standard forestry practices currently in use in this area, and in a manner which will minimize the damage to young growth and other uncut timber. Crawler tractors used in skidding logs may not be equipped with a blade in intermediate (thinning) cut areas without the written approval of the RECO. No unmarked tree shall be cut, except that unmarked trees which are badly damaged shall be cut if required by the

RECO. If the Purchaser or his employees cause Excessive

Damage to unmarked trees, the Purchaser shall be penalized at the rate of:

$15.00 for each negligently damaged small round wood tree

$35.00 for each negligently damaged saw timber tree

$50.00 for each unauthorized removal of undesignated timber

Damage, as used herein, includes injury to the living crown, bole or roots of undesignated trees. If areas are marked on the ground around such trees, operation of heavy equipment or skidding of products within said area shall be considered to be damage to the trees.

If designated, Purchaser shall remove such damaged or cut timber.

By agreement and in accordance with the paragraph entitled "Designation Changes," individual trees designated for cutting in the vicinity of an undesignated tree(s) may be left standing if felling or skidding of such designated tree(s) would endanger the undesignated tree(s).

5. Uncut Designated Trees: Where failure to cut designated merchantable timber on a sale area is likely to cause substantial silvicultural or other damage to the Government, liquidated damages for each designated tree uncut is $50.00 per tree.

B. Removal of Temporary Facilities and Sanitation Clean-up:

1. Temporary Facility Removal: When temporary structures or other improvements are moved to another location or are abandoned, the

Purchaser shall dispose of all abandoned structures and debris off

Government property, and except for slash, shall clean up the site. Upon completion of the work, the Purchaser shall remove his plant, tools, materials, and other articles from the property of the Government.

2. Sanitation and Clean-up: Adequate sanitation conveniences of an approved type, properly secluded from public observation, shall be constructed and maintained in an approved manner for use of persons employed by the Purchaser. All temporary structures for sanitation purposes must be approved by the GTR in writing. The temporary structures and the sale area shall be maintained in a clean and sanitary condition at all times and rubbish, litter, or any other type refuse (except for logging slash) shall be collected and removed from the Installation, or disposed of in appropriate containers or other site approved by the RECO on a daily basis. After completion of the work and before movement to another location, the Purchaser shall remove all temporary structures and dispose of all rubbish, litter, and refuse in the manner previously described.

C. Slash Disposal and Treatment: All logging slash shall be removed a distance of twenty-five (25) feet from all designated roads, trails, fences, bridges, culverts, drainage ways, ditches and other structures. All tops and timber not utilized shall be lopped three (3) feet or less above ground. Lopping will be done as the cutting progresses. No tops will be left against standing timber. Woods roads, paths, logging trails and fire breaks will be clean and passable at all times.

No timber slash or refuse shall be left on the right-of-way of any communication line, power line, gas line, or any utility right-of-way. Slash shall be removed for a distance of 100 feet around the exterior of all magazines and buildings and in no case will slash be left in the mowed area around any structure even though the width of the mowed area is in excess of 100 feet. Inspections of each area may be made by the GTR to ensure compliance by the Purchaser. Any costs incurred by the government due to the failure of Purchaser to comply with these requirements shall be borne by the Purchaser.

D. Protection of Streams, Stream Management Zones, Wet Soils, Soil

Erosion/Damage (Best Management Practices):

1. Protection of Streams, Streamside Areas, and Other Water

Bodies: For all logging operation activities, including the…