IFB_No_DACA65-B-27-01_Timber_Fort_Pickett_6Aug26.pdf

NAO FORM RE-01 Fort Pickett [1]

SEP 26

MAIL BID TO: CHIEF, REAL ESTATE OFFICE

ATTN: CENAO-RE-D

U.S. ARMY ENGINEER DISTRICT, NORFOLK

803 FRONT STREET

NORFOLK, VA 23510-1011

(See page 6 for further details)

Sale of Government-Owned

Forest Products

(SEE PRIVACY ACT STATEMENT BELOW BEFORE COMPLETING THIS FORM)

Harvest Location: Fort Pickett Blackstone, VA

PAGE NUMBER 1 OF 30 PAGES

INVITATION NUMBER: DACA65-B-27-01

SALE TYPE: Mill Scale per Unit (TON) Standing Timber Sale, no SMZs, low metal contamination risk DATED: 6 August 2026

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

TIME OF OPENING: 1:00 p.m. EASTERN STANDARD TIME

DATE OF OPENING: Thursday, 10 September 2026

PLACE OF OPENING: Directorate of Public Works: Conference Room

232 Rives Rd. Fort Pickett, Blackstone, VA

REAL-ID IS REQUIRED TO ACCESS THE BASE

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

INDICATED IS REQUIRED BY CASHIERS CHECK, CERTIFIED CHECK, OR

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

ATTENDANCE REQUIRED PRE-BID INSPECTION ON Tuesday, 25 August 2026 BEGINNING

AT 9:00 a.m. ALL AVAILABLE ITEMS WILL BE SHOWN ON THE ABOVE DAY. ARRANGE

IN ADVANCE WITH:

-Or-

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

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

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

DO NOT REMOVE PAGES FROM INVITATION

US Army Corps of Engineers

REAL ESTATE

CONTRACTING OFFICER’S REPRESENTATIVE:

Mr. Nick Mrjoian-USACE District Forester

TEL#: (757) 201-7222 CELL# (757) 639-0708

EMAIL: nicholas.g.mrjoian@usace.army.mil

INSTALLATION FORESTER:

Ms. Elizabeth Nelson-MTC-Fort Pickett Forester

TEL#: (434) 292-8428

E-MAIL: elizabeth.d.nelson18.nfg@army.mil mailto:nicholas.g.mrjoian@usace.army.mil mailto:elizabeth.d.nelson18.nfg@army.mil

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-01 Page 2 of 30

NAO FORM RE-01 Fort Pickett [2]

SEP 26

Paragraph Page

Title 1

Index 2

Bid Sheets 3-4

Description of Timber Sales Area 5

SECTION II - INSTRUCTIONS TO BIDDERS 6-8

Knowledge of Sale Terms and Conditions 1 6

Inspection 2 6

Preparation and Submittal of Bids 3 6

Late Bids, Modifications of Bids or Withdrawal of Bids 4 7

Bid Deposit 5 7

Bid Opening 6 7

Award of Contract 7 7-8

Reservation of Rights 8 8

SECTION III - GENERAL TERMS AND CONDITIONS OF SALE 9-14

Definitions 1 9

Condition of Property 2 9

Performance Guarantees 3 9

Payments 4 9-10

Billing 5 10

Late Payment Charge 6 10

Quantity Determination in Unit Price Sales 7 10

Title and Risk of Loss 8 10

Default 9 10-11

Disputes 10 11

Equipment 11 11

Work Performance 12 11

Extension of Time 13 11

Supervision of Work 14 11

Utility Lines and Fences 15 12

Fire Fighting and Fire Laws 16 12

Security Regulations 17 12

Accident Prevention 18 12

Termination or Suspension of Contract 19 12-13

Covenant against Contingent Fees 20 13

Tree Marking Painting and Equipment 21 13

Records 22 13

Gratuities 23 13

Withdrawal of Property after Award 24 13

Liability for Damages 25 13

Oral Statements and Modifications 26 13

Metal Contamination 27 14

Officials Not to Benefit 28 14

Notices 29 14

Contract Assignment 30 14

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

Commencement 1 15

Schedule of Removal and Completion 2 15

Periods of Operation 3 15

Description and Location of Timber 4 15

Environmental Protection 5 15

Harvesting Requirements 6 16-17

SECTION V - EXHIBITS 18-19

Notification of Work Completion EXHIBIT A 18

Timber Harvest Area Volume Table EXHIBIT B 19

SECTION VI - ENCLOSURES 20-30

FY 27 Harvest Locator Map ENCLOSURE 1 20

Harvest Block Maps ENCLOSURE 2-1 thru 2-9 21-29

Pre-Harvest Plan Maps and Harvest & Tree Marking/Special Considerations ENCLOSURE 3 30

NAO FORM RE-01 Fort Pickett [3]

SALE OF GOVERNMENT FOREST PRODUCTS

BID AND AWARD

Invitation For Bid No.

DACA65-B-27-01

Page

BID

(This Section to be completed by the Bidder)

DATE OF BID

Thursday, 10 September 2026

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

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

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

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

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

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

CERTIFICATE AS TO SMALL BUSINESS STATUS

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

NAME AND ADDRESS OF BIDDER (STREET, CITY, STATE, AND ZIP CODE) (Type or print) SIGNATURE OF PERSON AUTHORIZED TO SIGN BID

TELEPHONE FAX

CELL TAX ID NUMBER

E-MAIL

SIGNER’S NAME AND TITLE (Type or print)

CORPORATE CERTIFICATE

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

Signature __________________________________ (CORPORATE SEAL)

ACCEPTANCE BY THE GOVERNMENT

(This Section for Government use only)

DATE OF ACCEPTANCE

ACCEPTED AS TO ITEM NUMBERED UNITED STATES OF AMERICA

BY___________________________________

(Real Estate Contracting Officer)

TOTAL AMOUNT CONTRACT NUMBER

DACA65-S-27-

TITLE OF REAL ESTATE CONTRACTING OFFICER

Chief, Real Estate Office

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-01 Page 4 of 30

NAO FORM RE-01 Fort Pickett [4]

SEP 26

SALE OF GOVERNMENT FOREST

PRODUCTS

ITEM BID PAGE

Invitation For Bid No.

DACA65-B-27-01

Page

QUANTITY

(No. of Units)

UNIT OF

MEASURE

TO BE SUPPLIED BY BIDDER

ITEM

NO.

TIMBER FOR SALE

AND LOCATION

PER UNIT

PRICE BID

TOTAL PRICE BID

DOLLARS CENTS

1 TIMBER IN 3 BLOCK(S) (105 ACRES)

PINE SAWTIMBER 5492 Tons $ $

PINE CHIP N SAW 679 Tons $ $

PINE PULPWOOD 4445 Tons $ $

OAK SAWTIMBER 76 Tons $ $

POPLAR SAWTIMBER 991 Tons $ $

MISC. HARDWOOD SAWTIMBER 49 Tons $ $

HARDWOOD PULPWOOD 1920 Tons $ $

CHIPS 3003 Tons $

TOTAL TONS (w/o CHIPS) ITEM 1 13652 Tons $

2 TIMBER IN 6 BLOCK(S) (94.5 ACRES)

PINE SAWTIMBER 4018 Tons $ $

PINE CHIP N SAW 794 Tons $ $

PINE PULPWOOD 3612 Tons $ $

OAK SAWTIMBER 82 Tons $ $

POPLAR SAWTIMBER 278 Tons $ $

MISC. HARDWOOD SAWTIMBER 259 Tons $ $

HARDWOOD PULPWOOD 1424 Tons $ $

CHIPS 2303 Tons $

TOTAL TONS (w/o CHIPS) ITEM 2 10467 Tons $

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

ALL THE ABOVE ESTIMATED SAWTIMBER VOLUMES

ARE BASED ON THE INTERNATIONAL ¼ INCH LOG RULE

BIDDER’S NAME SHOULD APPEAR ON EACH ITEM BID

PAGE CONTAINING A BID

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-01 Page 5 of 30

NAO FORM RE-01 Fort Pickett [5]

SEP 26

This sale is based on the International Log Rule 1/4 Inch Kerf and will be sold by WEIGHT.

DESCRIPTION OF FOREST PRODUCTS SALE AREA(S): Sale areas are located west of U.S. Rt. 46 near the boat launch at the

Pickett Reservoir Recreational Area. All harvest blocks are in Nottoway and Brunswick Co. The exterior timber harvest area boundaries and streamside management zones (SMZ’s) are clearly marked with vertical strips of blue paint with the exception where directly adjacent to natural geographic features such as gravel roads edges, open fields, and other natural features. Any streamside management zones (SMZ’s) are outside of harvest block boundaries. All timber contained within the defined sale area boundaries for harvest is designated standing timber within. Harvest operations and associated work shall comply with the State of Virginia Forestry Best

Management Practices for Water Quality technical manual July 2025 (Version) available at: https://dof.virginia.gov/wp-content/uploads/VAs-Forestry-BMPs-for-WQ-Technical-Manual.pdf?x15979. No trees will be harvested within the SMZs. Standing timber herein is located within maneuver area 60 and is considered military use areas. All indications are that military metal contamination has been previously found in neighboring harvest blocks however are expected to be negligible, if any.

Contract Period of Performance:

*Purchaser (s) will be issued a time restricted contract from date of sale with special terms as follow. The U.S. Fish and Wildlife

Service has listed the Northern Long- Eared Bat Myotis septentrionalis as endangered under the Endangered Species Act. All tree felling operations are restricted by federal law and must be completed by 14 May 2027. There will be no exception or extensions to this contract to allow for additional time due to military uses.

Item # one (1) Blocks (A, B, & C) all clearcut harvests and Item # two (2) Blocks (D) a clearcut harvest, (E, F, G, H, & I) all thinning harvests – All tree felling, skidding, processing, hauling, demobilization, chipping and site repair work if any as directed shall be complete by close of business 14 May 2027. No harvest operations between 15 May and 31 October.

HARVEST LOCATOR MAP

Specifications for all items in this Invitation for Bid: See (Attached Enclosure 1)

HARVEST BLOCK MAPS

Harvest maps: See (Attached Enclosure 2)

All timber to be sold by per unit by WEIGHT (tons).

Chips Harvest

ITEM

Integrated Natural

Resource

Management Plan

AREA Tons Tons

Rx-Type /

Total w/o

Chips

No. FY27 Block Acres Saw CnS P/W Oak Poplar Misc. P/W C/W Rx/Tot. Tn

FY27 "A" 22.9 1055 149 827 51 146 0 434 586 Clearcut

FY27 "B" 28.2 1430 175 1534 0 227 49 340 826 Clearcut

FY27 "C" 53.9 3007 355 2084 25 618 0 1146 1592 Clearcut

Item 1 Total 105 5492 679 4445 76 991 49 1920 3003 13652

FY27 "D" 14 694 145 718 18 100 82 231 437 Clearcut

FY27 "E" 28.2 1240 200 725 39 39 55 376 588 Thinning

FY27 "F" 23.7 785 77 782 25 75 25 455 489 Thinning

FY27 "G" 6.1 375 12 220 0 0 0 73 150 Thinning

FY27 "H" 8.1 320 58 174 0 0 97 118 169 Thinning

FY27 "I" 14.4 604 302 993 0 64 0 171 469 Thinning

Item 2 Total 94.5 4018 794 3612 82 278 259 1424 2303 10467

1 & 2 Total Items 1 & 2 199.5 9510 1473 8057 158 1269 308 3344 5306 24119

Hardwood Volume

Tons Tons Saw

Item No. & Harvest Area Pine Volume https://dof.virginia.gov/wp-content/uploads/VAs-Forestry-BMPs-for-WQ-Technical-Manual.pdf?x15979

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-01 Page 6 of 30

NAO FORM RE-01 Fort Pickett [6]

SEP 26

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

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

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

The scheduled pre-bid tour requires attendance in order to be able to submit a bid. Arrangements for inspection may be made by contacting the person(s) specified on the cover sheet hereof, inspections may be made during times therein stated.

3. PREPARATION AND SUBMITTAL OF BIDS:09

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

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

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

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

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

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

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

Bidder’s Return Address Postage

SEALED BID BID DELIVERY LOCATION:

To be Opened: Chief, Real Estate Office

Time: 1:00 p.m. Attn: CENAO-RE

Date: Thursday, 10 September2026 U.S. Army Engineer District, Norfolk

Invitation No. DACA65-B-27-01 803 Front Street

Norfolk, VA 23510-1011

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

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

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

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-01 Page 7 of 30

NAO FORM RE-01 Fort Pickett [7]

SEP 26

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

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

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

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

Government after receipt at the government Installation.

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

c. The only acceptable evidence to establish:

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

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

Service).

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

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

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

5. BID DEPOSIT:

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

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

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

Contracting Officer only upon full reconciliation of payments owed.

6. BID OPENING:

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

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

7. AWARD OF CONTRACT:

a. The contract shall be awarded to the responsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the Government, price and other factors considered, will be notified that an award will be made to him upon application of the performance deposit or bond as specified in Section III, Paragraph 2 of this contract. In the event that the performance deposit or bond is not tendered within the specified period, the Government may, at its option, select from the remaining bids the responsible bidder whose bid, conforming to the invitation of bids, is most advantageous to the Government, price and other factors considered. That bidder will be notified that an award will be made to him upon application of the performance deposit or bond as provided in Section III Paragraph 2 of this contract. The Government may, when in its interest, reject any or all bids or waive

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-01 Page 8 of 30

NAO FORM RE-01 Fort Pickett [8]

SEP 26

any informality in bids received. The Government may accept any item or combination of items of a bid, unless precluded by the invitation for bids or the bidder includes in his bid a restrictive limitation.

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

Officer must find that:

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

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

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

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

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

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

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

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

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

(i) identify the Invitation For Bid No.;

(ii) identify contact parties;

(iii) state the reasons for the protest;

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

(v) state what is the desired result.

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

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

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-01 Page 9 of 30

NAO FORM RE-01 Fort Pickett [9]

SEP 26

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

1. DEFINITIONS:

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

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

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

Government, and includes a duly appointed successor District Representative.

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

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

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

3. PERFORMANCE GUARANTEES: At Contract Award, Bid Deposits will be held until converted and proportionately applied as stumpage payment. An additional 10% applied as performance guarantee of the Total Bid Amount is to be held aside and applied as a performance deposit in order to ensure faithful performance under this contract in addition to other payments required under the provisions of this contract. If the contract is performed to the full satisfaction of the Real Estate Contracting Officer, said performance deposit shall be returned to the purchaser upon satisfactory contract completion.

Bond Requirements: In lieu of this cash deposit the purchaser may furnish a performance bond with surety approved by and in a form acceptable to the Real Estate Contracting Officer:

(i) A certified check, cashier's check, or postal money order in the amount of twenty percent (20%) of the awarded contract price made payable to the Treasurer of the United States, or

(ii) A performance bond with surety approved by, and in a form acceptable to the Real Estate Contracting Officer in the penal sum of twenty percent (10%) for sales of the awarded contract price. U. S. Standard Form 25 may be used for this purpose, or

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

(1) Be non-cancelable.

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

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

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

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

(6) Be in U.S. currency.

Performance Deposit Not A Payment: During the term of the contract active harvesting periods, the Performance Depositor Bond is not to be considered as a forest product advance payment.

4. PER UNIT PAY AS CUT PAYMENTS: In addition to the original 20% Bid Deposit, and the 10% Performance Guarantee, the purchaser must make biweekly payments based on mill settlements paid to the Government at the per unit rate on the bid sheet.

Harvesting operations shall not continue until the biweekly payment is submitted to the District Representative. If any biweekly payment is not made to the satisfaction of the District Representative the purchaser must thereafter pay an advance portion (minimum

10% increments) of the total bid price for forest products to be harvested as determined by the Purchaser or as requested by the Real

Estate Contracting Officer Representative or as may be billed, whichever effects the advance to be paid promptly. When value amount of products harvested equals or exceeds amount of total stumpage payments, the Government officials will require all harvesting operations to cease until additional payment is made. Failure of the Contractor to stay ahead on payments is a violation of the Performance requirements.

a. For unit price sales, such payments and settlements shall be made at the first biweekly settlement and continue biweekly thereafter throughout the harvest and contract period of performance.

(i) For all contracts of $10,000 or less, balance of the estimated total purchase price must be paid in full.

(ii) For all other contracts (over $10,000), each payment shall be an amount equitable to the settlement provided to the

District Representative. In the event there is any surplus of funds to purchaser’s credit on deposit funds can be applied to the next

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-01 Page 10 of 30

NAO FORM RE-01 Fort Pickett [10]

SEP 26

settlement or, upon completion of removal operations as required under the terms of the contract, a refund of such surplus will be made to said purchaser.

b. For lump sum sales, the purchase price shall be paid as follows:

(i) On bids below $10,000, payment in full is required within fifteen (15) calendar days after Notice of Acceptance. Bid deposit will be applied toward the amount due.

(ii) On bids $10,000 to $20,000, $10,000 is required within fifteen (10) calendar days after Notice of Acceptance and the remaining balance when approximately 50 percent of forest products has been cut.

(iii) On bids larger than $20,000, bidder must pay $10,000 within ten (10) calendar days after Notice of Acceptance and the remainder as requested by the Real Estate Contracting Officer or as billed. The determination of the frequency of $10,000 payments will be based on the volume of the material cut as determined by the Real Estate Contracting Officer, having as its objective that the amount paid in shall at all times be the equivalent of at least 10 percent more than the percentage of forest products cut. To aid in this determination, the books of account and inventories by the purchaser shall be available for inspection by the Real Estate Contracting

Officer. Purchaser shall submit a letter stating volumes harvested to date to the Real Estate Contracting Officer on frequency to be established by said officer.

The Purchaser agrees to pay for all items awarded him in accordance with the prices quoted in his bid. All payments shall be made by certified check, cashier's check, or postal money order made payable to the Treasurer of the United States. The

Purchaser's bid deposit shall be applied to the purchase price. For unit price contracts, the Purchaser shall be billed and make payment weekly for the amount harvested for the week or for the balance of the purchase price. Payment is due upon receipt of any bill. Any monetary adjustments based on the amount of timber actually harvested will be made after completion of all harvesting activities. The bid deposit and performance deposit balances, if any, will be credited to the final payment or refunded as applicable.

5. BILLINGS: The purchaser should make regular biweekly payments on his own initiative as required but also may be billed periodically for the estimated quantities of forest products as determined by the Real Estate Contracting Officer to be removed during a given operational period. Payment must be made in the settlement amounts and by time requirements specified in the bill, otherwise, harvesting may be suspended by the government until the bill is settled. 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, Norfolk District. Billing payments will be remitted within the time requested in the bill or otherwise within thirty (30) calendar days of the date of the billing, directly to the Forest Resource Project Office or District Office, as specified under Special Sale Terms and Conditions.

6. LATE PAYMENT CHARGE:

The Government will impose a charge, based upon current interest rates, for any and accounts not paid within thirty (30) days following notification to the debtor. In addition to the interest charge, a processing and handling fee of fifteen dollars ($15.00) will be assessed for all accounts delinquent over thirty-one (31) days and an additional six percent (6%) penalty charge will be included for all accounts that are ninety-one (91) days overdue.

7. QUANTITY DETERMINATION IN UNIT PRICE SALES:

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

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

b. All truckloads of timber departing the contract site will have a numbered Forest Product Load Ticket, two part ticket. Each load ticket number will be entered sequentially in a logbook provided by the Government. Upon weighing of the logs, the carbon copy load ticket and completed weight ticket or exact copy thereof, will be neatly organized and retained together by the Purchaser until the close of each biweekly period. The Real Estate Contracting officer or their representative will collect the Forest Product

Load ticket with attached scale slip following the close of each biweekly period or sooner at their discretion.

c. Failure to retain and submit all Forest Product Load Ticket at each biweekly period can result in the termination of the contract with possible forfeiture of the performance bond/deposit as determined by the Real Estate Contracting Officer. The government reserves the right to monitor the transportation of timber products entering/leaving and within the Installation sale area.

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

8. TITLE AND RISK OF LOSS:

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

9. DEFAULT: If after award, the Purchaser breaches this contract by failing to make any required payment when due, or by failing to remove any timber as and when required, then the Real Estate Contracting Officer may send the Purchaser a fifteen (15) day written notice of default (calculated from the date of mailing) and upon the Purchaser's failure to cure such default within the period (or such further period as the Real Estate Contracting Officer may allow), the Purchaser shall lose any and all rights, claims, interests and title

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-01 Page 11 of 30

NAO FORM RE-01 Fort Pickett [11]

SEP 26

which he may have acquired in and to such timber as to which the default has occurred. The Purchaser agrees that in the event he fails to make any payment required or remove any timber as and when required, the Real Estate Contracting Officer at his election and upon notice of default shall be entitled to retain or collect as liquidated damages from any bid deposit, payment made, or performance bond or deposit, the actual damages, including, but not limited to, any loss, cost or expense in reselling or otherwise disposing of any timber sustained by the Government, as determined by the Real Estate Contracting Officer, as a result of such default. If the

Purchaser otherwise fails in the performance of any of his obligations, the Government may exercise such rights and pursue such remedies as are provided by law or under this contract.

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

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

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

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

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

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

13. EXTENSION OF TIME: The Real Estate Contracting Officer may by a Change Order extend the time allocated for removal if environmental and military mission allows for such:

*Purchaser (s) will be issued a time restricted contract from date of sale with special terms as follow. The U.S. Fish and Wildlife

Service has listed the Northern Long- Eared Bat Myotis septentrionalis as endangered under the Endangered Species Act. All tree felling operations are restricted by federal law and must be completed by 14 May 2027. There will be no exception or extensions to this contract to allow for additional time due to military uses.

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

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

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

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

Contracting Officer or his duly authorized representative.

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

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

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

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

14. SUPERVISION OF WORK: The work will be conducted under the general direction of the Real Estate Contracting Officer, and is subject to inspection by any District Representative to ensure compliance with the terms of the contract. When cutting, logging, or other operations under this contract are in progress, the Purchaser shall have a representative, readily available to the area of such operation at all times, who shall be authorized to receive, on behalf of the Purchaser, any notices and instructions given by the Real

Estate Contracting Officer in regard to performance under this contract, and to take such action thereon as required by the terms of this contract.

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-01 Page 12 of 30

NAO FORM RE-01 Fort Pickett [12]

SEP 26

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

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

Government.

16. FIRE FIGHTING AND FIRE LAWS: The Purchaser shall comply with all Installation fire regulations by immediately notifying

Division of Plans, Training, and Security (DPTS), the Installation Forester, and District Representative. The Purchaser shall be held liable for any forest fires resulting from his operations. The Purchaser and his employees shall do all in their power to prevent and suppress forest fires in the logging and adjacent areas. Forest fires resulting from the Purchaser's operation will be extinguished by the

Purchaser without expense to the Government, and where it is necessary for the Government to supply labor or equipment to extinguish any forest fires traceable to the logging operations, the Government may hold the Purchaser liable for the cost and expense thereof. Logging operation generated rubbish shall be removed from the Installation for disposal. The District Representative will make periodic inspections to determine whether the equipment on hand is adequate to effectively fight forest fires in the sale area(s).

The Purchaser agrees to abide by the Commonwealth of Virginia forest fire fighting laws. No burning will be undertaken on the

Installation unless prior approval is received from the Installation Fire Chief and Facilities Engineer.

17. SECURITY REGULATIONS: The Purchaser, his agents, employees, and sub-contractors shall comply with all security regulations of the Installation. Before commencing operations hereunder, the Purchaser shall report to the District Forester(s) or

Installation Forester for such regulations and special instructions as may be applicable to his operations on the Installation.

a. REAL I.D Requirement:

(i). Fort Pickett requires a REAL ID complaint identification card or Passport as of 7 May 2025 to enter the facility pursuant to the REAL ID Act of 2005. However, the following is an exemption for those individuals requesting installation access currently without a REAL ID state issued compliant card.

(ii). Without the aforementioned in (i) REAL ID complaint identification card or Passport, Non-REAL ID; a Driver’s

License and; TWIC, VHIC, an original/certified copy of their Birth Certificate and Social Security Card.

18. ACCIDENT PREVENTION:

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

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

c. The Purchaser will comply with the U.S. Army Corps of Engineers Safety and Heath Requirements Manual (EM 385 1-1) a copy is available online at https://www.publications.usace.army.mil/Portals/76/EM 385-1-1 _EFFECTIVE 15March2024.pdf for review. This manual requires a completed and approved Accident Prevention Plan (AAP) prior to the start of work. The Purchaser shall provide an APP to the Project Forester and/or District Representative within 60 days of award/notice of acceptance. The

Purchaser is also encouraged to comply with the Virginia Logger Safety Checklist Booklet provided by the Virginia Cooperative

Extension, a digital copy is available at: https://ext.vt.edu/content/pubs_ext_vt_edu/en/3108/3108-1592/3108-1592.html

d. The Purchaser, his representative, and on-site foreman, will ensure that staff engaging in logging operations on the

Installation are aware of the Munitions and Unexploded Ordnance (UXO) information provided to them.

19. TERMINATION OR SUSPENSION OF CONTRACT:

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

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

https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015March2024.pdf https://ext.vt.edu/content/pubs_ext_vt_edu/en/3108/3108-1592/3108-1592.html

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACA65-B-27-01 Page 13 of 30

NAO FORM RE-01 Fort Pickett [13]

SEP 26

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

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

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

21. TREE MARKING PAINT AND EQUIPMENT: Marking hammers, tree marking paint or…