IH_Stand69_ IFB 4.2.2021 FINAL with Exhibits.pdf

STAND 69 THINNING

TIMBER SALE

N40080-21-RP-00037

INVITATION FOR BIDS

NAVAL SUPPORT FACILITY, INDIAN HEAD, MARYLAND

OTHER SPECIAL TERMS AND CONDITIONS

TABLE OF CONTENTS

I. SOLICITATION, OFFER & AWARD

A. Invitation for Bids (IFB)

B. General Description of Work

1. Quantities

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

I. Insurance

J. Payment

K. Transfer of Ownership

L. Contract Closure

1. Settlement

M. Standard Form 114, Modifications and Supplement 114C

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

N40080-21-RP-00037

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. Protected Species

O. Containment of Hazardous Materials and Wastes

P. Export Restrictions

III. PERFORMANCE SPECIFICATIONS

A. Cutting & Utilization

1. Order of Logging

2. Establishment of Temporary Facilities and Roads

3. Unauthorized Removal of or Damage to Standing Timber

a. Excessive Damage Penalties

4. 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

1. Examination of Logging Area

2. Repairs to Work Area

3. Daily Clean-up

4. Final Site Inspection

H. Access Points and Designated Haul Routes

I. Log Loading Decks and Skidding

J. Tree Paint and Equipment

K. Scaling (Volume Determination & Reporting)

L. 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

The remaining page is intentionally left blank.

I. SOLICITATION, OFFER & AWARD

A. Invitation for Bids (IFB): Sealed bids will be received for the purchase and removal of approximately 120,000 board feet of Loblolly pine sawtimber and 89 tons of pine pulpwood, computed according to International ¼-inch Log Scale to be harvested from approximately 18 acres within the boundaries of Naval Support Facility, Indian Head, Maryland. Bids will be opened publicly at 1:00 p.m. Local Time on April 21, 2021, and read at the office of Naval Facilities Systems Command (NAVFACSYSCOM) Washington, Public Works Department (PWD) South Potomac, 4139 Lloyd Road, Building 554 at Naval Support Facility, Indian Head, Maryland, 20640-5157. This is a per unit (MBF and Ton) sale.

Inspection of the timber offered for sale and removal is invited and strongly encouraged. Interested parties may arrange inspection by contacting Seth Berry by calling at (301) 744-2273 or by email at seth.m.berry@navy.mil.

B. General Description of Work: The work includes cutting and harvesting designated trees within the individual stand areas. Stand areas are defined as the Stand #69 Thinning Area, as shown at Exhibit A. The Bidder (Purchaser) also referred to herein as the “Contractor”, will be required to furnish all labor, materials and/or equipment necessary for the completion of the contract including loading, removal and subsequent ownership. Timber to be cut will be marked with either a blue or orange painted spot at ground level and at approximately 4- 1/2 feet above the ground. Dead trees will not be cut unless they are marked as specified in the preceding sentence. Stump heights will not exceed 6-inches above ground level.

1. Quantities: The species of trees to be harvested are predominately Loblolly pine, and the estimated volumes are 120 MBF of Sawtimber and 89 tons of pulpwood. All trees marked for cutting are 6 - inches or more in diameter, measured at a height of 4-1/2 feet above the ground. Volume estimates were made using the International ¼-inch Log Scale. The volumes are estimated and not guaranteed.

Sawtimber trees containing less than 50 percent of their net log volume (using a minimum log length of 8 feet and minimum top diameter of 10 inches inside the bark) in logs free from major defect were not considered merchantable. Reasonable deduction for defect has been applied to the gross volume to arrive at the net volumes listed.

It is the responsibility of prospective purchasers to satisfy themselves as to the quantity, quality and type of wood products available under this sale.

C. Location, Boundaries and Maps: The timber is located on Naval Support Facility, Indian Head, Maryland, and consists of one (1) forest stand totaling approximately 18 acres. Maps of the harvest area are available at the Natural Resources Office, NAVFAC Washington, PWD South Potomac, 3972 Ward Road, Suite 101 at Naval Support Facility, Indian Head, Maryland, 20640-5157. Hard copies of the mailto:seth.m.berry@navy.mil harvest map is attached hereto as “Exhibit A”.

D. Term of Contract and Time of Completion: The term of this Contract is two (2) years from the date of award. The entire work shall be completed during the term of the Contract.

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 Real Estate Contracting Officer (RECO), but shall not be less than the time period of denied access.

E. Bids

1. Instructions for Submitting Bids:

a. Bids submissions shall include the following information:

(1) Standard Form 114 (Sale of Government Property – Bid and Award) (with the middle section completed) attached hereto as “Exhibit B.”

(2) Bid Security in the form of a bid bond or a cashier’s check in the amount of twenty percent (20%) of the bid price. (See Paragraph 7 below for further instructions regarding your bid deposit).

(3) Successful Purchaser will be required to provide a performance bond or other form of surety, as defined in Clause H of this Section, in twenty-five percent (25%) of the bid amount.

b. Bids are due no later than 1:00 p.m. Local Time on April 21, 2021 and shall be submitted in a sealed envelope addressed to Seth Berry, Attention: Stand #69 Thinning Timber Sale, Naval Facilities Engineering Systems Command Washington, PWD South Potomac, 3972 Ward Road, Suite 101 at Naval Support Facility, Indian Head, Maryland, 20640-5157.

c. A potential purchaser with hand carried bids shall allow adequate time for security clearance at the gate and to reach the bid opening location prior to the published bid opening date and time.

The bid opening location is 4139 Lloyd Road, Building 554 at Naval Support Facility, Indian Head, Maryland, 20640-5157.

d. Potential purchasers that decide to deliver hand carried bids shall submit the SECNAV 5512/1 (DEPARTMENT OF THE NAVY

LOCAL POPULATION ID CARD/BASE ACCESS PASS

REGISTRATION) vetting form by email to Seth Berry at seth.m.berry@navy.mil at least five (5) business days in advance of the bid opening date. These potential purchasers shall pick-up a daily expected visitor pass at the Main Installation Pass and ID Office, Building 1779, adjacent to the installation front gate.

Anyone delivering bids must be a U.S. Citizen and possess a valid driver’s license or other Government issued picture ID. Current vehicle registration and insurance will be required at the Main Installation Pass and ID Office to issue a vehicle pass for driving on the installation.

e. Bid opening will be held in Building 554, 4139 Lloyd Road at

Naval Support Facility, Indian Head, Maryland, 20640- 5157, on April 21, 2021 , at precisely 1:00 p.m. as indicated by the clock in the bid opening room.

2. Amendment to Invitation for Bid:

a. If this solicitation 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 Invitation for Bid and Standard Form 114 (Sale of Government Property -- Bid and Award) which is attached hereto as “Exhibit B.” Bids must clearly include unit prices for each product to be removed: pine sawtimber and pine pulpwood.

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 or telegraphic 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 Acquisitions Regulations (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 the Purchaser’s Power of Attorney or other evidence of 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, certified check, cashier's check, or United States Post Office money order made payable to the order of the United States Treasury in an amount not less than twenty percent (20%) of the full amount submitted, except when the total amount of such bid is less than Five Hundred Dollars ($500.00), in which case the total amount of the bid shall be included with the bid submission. The deposit of the successful Purchaser will be retained by the Government and applied as a partial payment and credited toward the total purchase price. Deposits of unsuccessful Purchasers will be returned, without interest, within five (5) business days after bid opening. In the event the bid deposit is in the form of a bid bond, a payment equal to twenty percent (20%) of the full contract amount is due within 30 days of the award. In the event of revocation of an offer after the opening of bids, but prior to acceptance, the bidder's bid deposit shall become the property of the United States Government. In the event of default after notice of acceptance, the bid deposit, together with all payments subsequently made, shall become the property of the United States Government. The required twenty percent (20%) bid deposit for this timber sale shall be credited toward the initial payment due.

8. Bid Continuing Offer: All bids received shall be deemed to be continuing offers for a period of no less than 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 or telegraphed 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 or its designated bid opening officer 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 or its designated bid opening officer 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 or its designated bid opening officer. In no event will hand-carried bids or withdrawals be considered if delivered to the RECO or its designated bid opening officer 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 has designated Seth

Berry as a Government Technical Representative (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 April 21, 2021 at 1:00 p.m. 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 a negotiated price.

Under certain circumstances, and as determined by the RECO or its representative, it is specifically agreed that additional trees may be marked or designated for cutting and included as a supplement to this contract, as required, to salvage trees seriously but unavoidably damaged and/or to complete the felling of lodged trees, where such lodging could not be avoided, or for other purposes.

Merchantable trees, which are dead, diseased, overlooked during the original marking operations, or damaged by ice, lightning, wind, or fire (unless fire damage has resulted due to the negligence or fault of the Contractor) may be marked and tallied by the Government, and felled after approval of the RECO.

The value of additional trees shall be paid by the Contractor at the contract per unit price, or at negotiated prices in instances where either the timber has significantly different value, or when the Contractor is required to move operations to another site to harvest the timber.

H. Performance Bond: Within 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. The performance bond or ILC shall be in a sum equal to twenty-five percent (25%) of the contract price, 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 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, 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: Payment in advance is required before the timber is released for cutting. The twenty percent (20%) bid deposit shall be credited as the initial payment for this Contract. To ensure that the timber is paid for prior to harvest, as accumulated harvested timber values approach twenty percent (20%)of total bid price, a second payment of forty percent (40%) shall be made within seven

(7) days of notification by the Government that payment is due. As accumulated harvested timber values approach sixty percent (60%) of total bid price (20% + 40%), the Government will require a third payment of forty percent (40%), which shall be made within seven (7) days of notification by the Government that payment is due. If needed, an additional payment will be made to cover any volumes in excess of the estimated total contract volume.

Payments shall be made by certified check, Cashier’s check, bank draft, postal or express money order, payable to the Treasurer of the United States.

Additional trees marked for cutting under Paragraph G shall be paid for in advance of cutting.

1. Load/Scale Tickets. The purchaser shall maintain at the loading point a written log of all loads of wood products removed from this sale; to include product, date/time, and destination. This log will be used by the Government Technical Representative to verify all load/scale tickets. All load/scale tickets and a summary sheet of all products hauled will be provided weekly to the Government Technical Representative. Load/scale tickets that are missing will be tallied at the largest load ticket amount for the sale.

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. Standard 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 may 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, GTR, and RECO. The Contract modifications shall be by written and signed modifications to the contract. No verbal representations by the RECO, GTR 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 NAVFAC Washington. 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. As mentioned in Sections I(A) and III(G), inspection of the timber offered for sale is invited and encouraged.

D. Failure to Perform. In the event the Purchaser fails to make payment, or fails to remove the property, and 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 contact, 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 30 working days to remove the severed timber from

Government property and shall be responsible for payment of such timber severed from the stump.

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. Sub-Contractors: 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 (5) 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, gender identity, 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 cost, including time and expenses, associated with gaining access to the Installation under the Defense Biometric Identification System (DBIDS) or similar program.

1. Gate Access:

(a) Commercial Trucks and Non-commercial Vehicles:

Purchaser shall be restricted to use of the Mainside Gate and Restricted Area Gate.

(b) All visitors must pick-up visitor passes at the NSF Indian Head Main Installation Pass and ID Office, Building 1779, located outside the installation front gate. All employees must possess a valid 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 US 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 Contractor and Sub-Contractor employees shall obtain the required employee and vehicle passes as required. All Contractors and Sub-Contractors shall submit the Naval Support Activity South Potomac DBIDS Access Request form to Seth Berry at seth.m.berry@navy.mil. At the same time, all Contractors shall submit the SECNAV 5512/1 (DEPARTMENT OF THE NAVY LOCAL

POPULATION ID CARD/BASE ACCESS PASS REGISTRATION)

vetting form for all employees to, Naval Support Facility Indian Head Pass and ID Office, at PassID.NSASP-INHD@navy.mil, for processing prior to being authorized for installation access. All Contractor Sub- Contractor employees approved for access shall be issued a DBIDS photo badge at the Main Installation Pass and ID Office, Building 1779. The DBIDS photo badge shall provide access from 0500-2000, Monday through Friday to both work sites for the length of the contract. Each employee shall wear their badge over the front of the outer clothing.

When an employee is no longer employed by the Contractor or Sub- Contractor, the employee's badge shall be returned to the Installation the same day. Failure to return the badge as required may be deemed a violation of the contract leading to immediate termination. Employee identification shall not be substituted for the station required badge.

4. Working Hours: Except as may otherwise be specified, all work shall be performed during regular working hours Monday through Friday from 0500 and 2000. No work will be scheduled or planned to be done on Saturday, Sunday, holidays, or outside regular working hours unless otherwise specified or directed. Any requests to work outside the regular working hours shall be coordinated through Seth Berry, GTR, at (301) 744-2273 at least two (2) business days in advance.

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, fishing, or similar activities on Government property unless access is approved through legal Installation-established processes.

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 (16 USC 431-433), National Historic Preservation Act of 1966 (16 U.S.C. § 470 et. seq.), and the Archeological Resources Protection Act of 1979 (PL 96-95 and 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 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. All ingress / egress routes shall be marked prior to the start of the work. The Purchaser shall ensure that the established markings of the routes be maintained at all times.

N. Protected 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 (orange color) paint prior to logging operations. These areas, if any, are designated on the sale area drawing. No logging or related activity will be permitted within 100 feet of “OFF LIMITS” areas. Violation of ”OFF LIMITS” area(s) or violation of the terms of the Contract may result in termination of this Contract, debarment of the Purchaser/logger from operating on Base in the future and/or be subject to prosecution under the Endangered Species Act of 1973, 16 U.S.C. § 1531 et. seq., the Bald and Golden Eagle Protection Act of 1940, 16 U.S.C. 668-668c, and 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 fire department immediately at 301-744-4333, then the RECO 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 (POL's). Any repair or maintenance which could result in leakage or spillage of POL's or any hazardous substance must be done in such a manner as to prevent it from touching the land, any ditches, streams, or natural drainage. Used POL's 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 one cutting unit at any one time unless otherwise approved by the RECO. As operations are completed in one of the 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. 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 skidder trails during periods of wet weather when trails and roads are likely to be severely rutted. The RECO, or their representative, 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.

3. Unauthorized Removal of or Damage to Standing Timber: No unmarked trees shall be cut. At the discretion of the RECO, unauthorized cutting 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 may not be used 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 $10 per inch of diameter measured across the stump. Stumpage damaged by fire caused by the negligence or fault of the Purchaser, 6 inches in diameter and larger, measured at a height of 4-1/2 feet above the ground if standing, or measured across the stump if fallen, shall be cut. The Government will mark and tally such stumpage and the Purchaser shall buck it into timber products and remove them from the activity as directed. The Purchaser shall pay at the rate of 100 percent of the unit bid price for all timber damaged by fire.

4. Uncut Designated Trees: Marked trees that the Contractor determines are unprofitable to harvest, and therefore undesirable, may remain standing at no cost to the Contractor. However, the Government reserves the right to direct the Contractor to remove an undesirable marked tree at the RECO or GTR’s discretion. No price adjustment will be considered under this clause.

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 at the Installation Sanitary Landfill 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 to an area a distance of 25 feet or more from cleared right-of-ways of all roads, trails, utility lines, fences, bridges, culverts, drainage ways, ditches and other structures.

Slash shall be removed for a distance of 100 feet around the exterior of all buildings and in no case will slash be left in the mowed area around any structure even if the width of the mowed area is in excess of 100 feet. No tops shall be left leaning against standing trees. Wood 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. 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, Streamside Management Zone’s, 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 construction of roads and other facilities, damage to stream courses, marshes, water bodies, ditches, wetlands and stream sides is strictly prohibited. Logs shall not be hauled, skidded, or yarded in or across any stream course or ditch without prior approval of the RECO. Stream courses and drainage ditches shall be left clear of logs, chunks, and debris resulting from operations under this contract. By submitting a bid, the Purchaser certifies it shall comply with all Federal and State environmental laws and regulations and shall implement applicable Best Management Practices (BMPs) including Forestry BMPs for Water Quality for the state in which the timber sale occurs.

Copies of best management practices can be obtained from individual state forestry offices.

2. Prevention and Control of Soil Erosion and Soil Damage: The Purchaser shall exercise all reasonable precautions to prevent excessive soil damage, which may cause serious erosion, compaction, or rutting problems. The RECO or its representative will determine when these conditions exist and notify the Purchaser.