IFB FINAL FY24.pdf

BID SECURITY FOR 10% OF TOTAL AMOUNT OF BID IS REQUIRED.

SPECIFICATION NUMBER N40085-24-RP-00155 AND OTHER BIDDING INFORMATION

MAY BE OBTAINED OR EXAMINED UPON APPLICATION TO THE NAVFAC MIDLANT-

FEAD BEAUFORT, MARINE CORPS AIR STATION, BUILDING 616, BEAUFORT, SOUTH

CAROLINA (PHONE: (843) 228-8558).

BIDDING DATA MAY BE OBTAINED UPON REQUEST WITHOUT SECURITY DEPOSIT.

Inspection of the timber is invited. Arrangements can be made by calling

Brandon Pritchett, Forester, at (912) 424-1001 at the Marine Corps Air

Station Beaufort’s Townsend Bombing Range, Townsend, Georgia.

Sealed bids in triplicate subject to the terms and conditions set forth 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 above and then publicly opened.

INVITATION NO: N40085-24-RP-00155

BID OPENING DATE: Friday, July 26, 2024 at 2 pm

TYPE OF SALE: PER UNIT (TON)

ESTIMATED ACRES and VOLUMES:

Approximately 575 acres to be thinned

Pine Pulpwood 18,400 Tons

Pine Topwood 8,300 Tons

Pine Chip-N-Saw 11,285 Tons

Pine Sawtimber 5,640 Tons

Pine Poles 1,880 Tons

DATE OF OPENING:

TIME OF OPENING:

PLACE OF OPENING:

July 26, 2024 2:00 P.M. (local time)

Marine Corps Air Station Beaufort Building 616

Beaufort, South Carolina

Meridian, MS 39309-5111

MCAS BEAUFORT TOWNSEND BOMBING RANGE TIMBER SALE

N40085-24-RP-00155

INVITATION FOR BID

AT

TOWNSEND BOMBING RANGE, TOWNSEND, GEORGIA

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. Form 114C Modifications and Supplement 114 C

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

II. CLAUSES

A. Changes

1. Changes in Marking or Designation

B. Disputes

1. Resolution of Disputes

C. Warranties

D. Failure to Perform

E. Damage to Government Property

F. Additional Rights of Government

G. Termination for Convenience of the Government

H. Subcontractors

I. Equal Employment Opportunity

J. Inspections

K. Gratuities

L. Installation Regulations

1. Gate Access

2. Citizenship

3. Security Requirements

4. Working Hours

5. Prohibition of Smoking

6. Prohibition of Firearms, Explosives and Pyrotechnic Devices

7. Prohibition of Alcohol and Illegal Substances

8. Prohibition of Hunting, Trapping and Fishing

9. Environmental Management System (EMS) Training

M. Protection of Cultural Resources

N. Protection of Endangered Species

O. Containment of Hazardous Materials and Wastes

P. Export Restrictions

III. PERFORMANCE SPECIFICATIONS

A. Cutting & Utilization

1. Order of Logging

2. Permanent and 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

C. Slash Disposal and Treatment

D. Protection of Streams, SMZs, Soil Erosion, and Damage (Best Management Practices)

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 the Logging Area

2. Repairs to Work Areas

3. Daily Cleanup

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 Hazard Protection and Prevention Program

a. Training

b. Fall Protection Equipment and Systems

(1) Personal Fall Arrest Equipment

c. Existing Anchorage

d. Rescue and Evacuation Procedures

I. SOLICITATION, OFFER & AWARD

A. Invitation for Bids (IFB): Sealed bids will be received for the purchase and removal of designated pine timber on several tracts of land totaling approximately 575 acres located on the Marine Corps Air Station (MCAS) Beaufort’s Townsend Bombing Range, Townsend, Georgia.

Bids will be opened publicly at 2:00 pm on July 26, 2024, and read at the office of the NAVFAC MIDLANT-FEAD, Marine Corps Air Station (MCAS) Beaufort, Building 616, Beaufort, SC, 29904. This is a per unit (ton) sale. Inspection of the timber offered for sale and removal is invited and strongly encouraged. Interested parties may arrange inspection by contacting

Mr. Brandon Pritchett, Forester, Townsend Bombing Range at (912) 424-1001.

B. General Description of Work: The work includes cutting and harvesting designated pine timber on several tracts of land totaling approximately 575 acres as indicated on the tract maps that accompany this specification. The 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. The sale is to be conducted as a mechanical third row thinning with operator select between the take rows on all

575 acres. Logging decks and primary skid trails will be placed in co-ordination with U.S.

Marine Corps (USMC) Technical Representatives. Harvest tract boundaries for the 575 acres are designated by pink surveyors flagging and obvious road boundaries. Trees with flagging are not to be removed.

1. Quantities: The species of trees to be harvested, the product classifications and the estimated volumes in tons thereof, are listed in the following table:

Pine Pulpwood 18,400 Tons

Pine Topwood 8,300 Tons

Pine Chip-n-Saw 11,285 Tons

Pine Sawtimber 5,640 Tons

Pine Poles 1,880 Tons

All areas designated for cutting are marked. The volumes are estimated and not guaranteed. It is the responsibility of prospective purchasers to satisfy themselves as to the quality and type of wood products available under this sale.

C. Location, Boundaries and Maps: The timber is located on MCAS Beaufort’s Townsend

Bombing Range, Townsend, Georgia, and consists of a number of areas totaling approximately

575 acres as shown on the attached drawing and maps found at the end of this document.

Cutting boundaries on the ground are clearly marked and will be explained by the USMC

Technical Representative. Trees with flagging are not to be removed.

D. Term of Contract and Time of Completion: The term of this Contract is eighteen (18) months 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) SF 114 (with middle section completed)

(2) Bid Security in the form of a bid bond or a cashier’s check in the amount of ten percent (10%) 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 ten

(10%) of the bid amount.

b. Mailed bids are due no later than the time of bid opening, July 26, 2024, and shall be submitted in a sealed envelope. The outside front of the envelope shall be clearly printed in dark ink “SEALED BID, Timber

Sale, N40085-24-RP-00155” and addressed to:

FEAD Beaufort

Marine Corps Air Station Beaufort

Building 616 Public Works

Beaufort, SC 29904

c. A potential Purchaser with hand-carried bids shall allow adequate time for security clearance at the gate and adequate time to reach the bid opening location from the gate prior to the due date and time for bid opening. The bid opening location is FEAD Beaufort, MCAS Beaufort, Building 616 Public Works, Beaufort, SC 22904.

d. Visitor pass requests shall be coordinated with Mr. Gary Herndon, MCAS Beaufort, Natural Resources Manager at (843)-228-7464. Anyone delivering bids must be a U.S. Citizen and possess a valid driver’s license or other Government-issued picture ID.

e. Bid opening will be held on July 26, 2024, at the office of the Facilities Engineering Acquisitions Department, Building 616 Public Works, Marine Corps

Air Station, Beaufort, SC 29904, at precisely 2:00 p.m. as indicated by the clock in the bid opening room.

2. Amendment to IFB:

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

Invitation for Bid (IFB) by signing and returning the amendment; by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid; by letter; or by facsimile.

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

3. Bid Form:

a. Bids shall be prepared in accordance with the IFB and Standard Form 114

(Sale of Government Property -- Bid and Award).

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

c. Bids may be modified or withdrawn by written 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 Real

Estate Contracting Officer (RECO) or bid opening officer at the time of bid opening by ascertaining from the face of the bid documents whether or not the bid meets all of the

IFB’s essential requirements.

5. Contractor Responsibility: In accordance with the Federal Acquisition

Regulation (FAR) § 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 § 9.104. Responsibility shall be determined by the RECO or bid opening officer at any time prior to award.

6. Execution of Bids: A bid executed by an attorney or agent on behalf of the

Purchaser shall be accompanied by an authenticated copy of his Power of Attorney or other evidence of his authority to act on behalf of the Purchaser. If the Purchaser is a corporation, the Certificate of Corporate Bidder must be executed. If the bid is signed by the Secretary of the Corporation, the Certificate must be executed by some other officer of the corporation, under the corporate seal. In lieu of the Certificate of Corporate

Bidder, you may include copies of records of the corporation that shows the official character and authority of the officer signing. These copies must be duly certified by the

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

7. Bid Deposit: Each bid must be accompanied by a bid bond, 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 10 percent (10%) 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 10% 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 Mr. Brandon Pritchett, Forester, (912) 424-1001 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 July 26, 2024, at 2:00 p.m. If designated, the bid opening officer shall decide when the time set for bid opening has arrived and shall so declare it to those present.

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

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 price of additional trees shall be determined by dividing the total contract price by the total estimated marked volume and multiplying the quotient by the volume.

H. Performance Bond: Within 10 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 ten percent (10%) 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. An Irrevocable Letter of Credit issued by a bank or other lending institution is the preferred form for securing this bond. 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 the Federal Acquisition

Regulation (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: Prior to being issued the Notice to Proceed, 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 ten percent (10%) 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. Payments shall be mailed to:

Commanding Officer

MCAS Beaufort

Attn: NREAO (Gary Herndon)

P. O. Box 55001

Beaufort, SC 29904-5001

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

K. Transfer of Ownership: All standing timber designated for removal or wood products included in this Contract shall remain the property of the Government, until the same are removed from Government property.

L. Contract Closure: The RECO shall give appropriate written notice to the Purchaser when the Purchaser has complied with all of the terms of this Contract.

1. Settlement: If obligations of the Purchaser have not been fully discharged by the

Expiration Date or extension thereto of this Contract, any money advanced or deposited hereunder shall be retained to be applied toward unfulfilled obligations of the Purchaser without prejudice to any other rights or remedies of the Government.

M. Form 114C Modifications and Supplement:

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

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

Purchaser shall remove the property at his expense.

II. CLAUSES

A. Changes: The RECO may, at any time, by written order, and without notice to the sureties, make changes in the maps and/or specifications of this Contract, if within its general scope. If such changes cause an increase or decrease in the Purchaser's time required for performance of this Contract, an equitable adjustment 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, Government Technical Representative, and

RECO. The Contract modifications shall be by written and signed modifications to the contract. No verbal representations by the RECO, Government Technical Representative or Purchaser shall constitute a contract modification.

B. Disputes:

1. Resolution of Disputes: Except as otherwise provided in the Invitation, any dispute concerning a question of fact arising under this Contract which is not disposed of by agreement shall be decided by the RECO, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof the Purchaser. The decision of the RECO shall be final and conclusive unless within 30 calendar days from the date of receipt of such copy, the Purchaser mails or otherwise furnishes to the RECO a written appeal addressed to the Commander of the respective Facilities Engineering Center (FEC). The decision of the FEC 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 guarantee 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 rights, 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. Subcontractors: The Purchaser shall also furnish a certificate of insurance as evidence of the existence of such coverage for all subcontractors who will work on the job. This certificate shall be furnished not less than five (5) days before such subcontractor enters Government premises.

I. Equal Employment 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 abovementioned persons shall at all times cooperate in making it possible for the RECO or his representative to safely and economically scale, inspect the cutting, logging, or other activity of the Purchaser and to conduct their official duties in the sale area and vicinity.

K. Gratuities:

(1) The Government may, by written notice to the Purchaser, terminate the right of the

Purchaser to proceed under this Contract if it is found, after notice and hearing, by the

Secretary of the Navy or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Purchaser, or any agent or representative of the Purchaser, to any officer or employee of the Government with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending, or the making of any determinations with respect to the performing of such contract; provided that the existence of the facts upon which the

Secretary or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court.

(2) In the event this Contract is terminated, the Government shall be entitled (i) to pursue the same remedies against the Purchaser, and (ii) as a penalty, in addition to any other damages to which it may be entitled by law, the exemplary damages in an amount (as determined by the Secretary or his duly authorized representative) which shall be not less than three nor more than ten times the costs incurred by the Purchaser in providing any such gratuities to any such officer or employee.

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

Contract.

L. Installation Regulations: The Purchaser shall comply with all installation regulations.

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

1. Gate Access:

(a) Commercial Trucks: Purchaser shall be restricted to use the route of haul designated by the Government Technical Representative.

(b) Non-commercial Vehicles: Private vehicles will be permitted as allowed by the Government Technical Representative and base security.

(c) All visitors requiring passes must pick up visitor passes as arranged with the Government Technical Representative. 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 persons applying for admittance to installations must have picture identification in their possession at the time of application. The

Purchaser agrees to comply with the security regulations of the installation including search of personnel or vehicles when conditions so require.

All Contractor employees are required to be badged through the Defense

Biometrics Identification System (DBIDS). There is no cost for DBIDS badging.

Successful bidders will contact the forestry division to fill out necessary forms to obtain badges. Each employee shall wear their badge(s) over the front of the outer clothing.

When an employee is no longer employed by the 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.

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

Requests for one- to four-day passes shall be submitted to the Government’s Technical

Representative at least two (2) days prior to base access.

4. Working Hours: Except as may otherwise be specified, all work shall be performed during regular working hours between 7:00 a.m. and 5:00 p.m. Monday through Friday. No work will be scheduled or planned to be done on Saturday, Sunday, holidays, or outside regular working hours unless otherwise specified or directed. If the

Purchaser desires to conduct work on Saturday, Sunday, holidays, or outside regular working hours, he may submit an application to the Installation’s Contract

Representative. The Purchaser shall allow 48 hours to enable satisfactory arrangements to be made by the Security Department.

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: Per Executive Order

13423, 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 U.S.C. §§ 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 Government Technical Representative. 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.

N. Protection of Endangered Species: Areas harboring endangered species will be identified as “OFF LIMITS” areas. The Purchaser and Government will post "OFF LIMITS" signs in the buffer zone adjacent to endangered species habitat or mark the area in (color) paint prior to logging operations. 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) may result in termination of this Contract, bar 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. 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 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 entering 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. The Government may request from the

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

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

III. PERFORMANCE SPECIFICATIONS

A. Cutting & Utilization

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

2. Permanent and Temporary Facilities and Roads: Access to the logging sites shall be by existing and temporary roads. Prospective bidders should factor in the cost of road improvement and construction into their bids. 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

Government Technical Representative. Temporary structures for sanitation purposes must be approved by the Government Technical Representative 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 road improvement and 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 wheelskidder 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 Government Technical Representative.

(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 Government Technical Representative shall make the determination of excessive damage. If directed by the Government Technical

Representative, the damaged trees shall be harvested.

a. Excessive Damage Penalties: The harvesting of timber shall be accomplished with the use of conventional logging equipment and the application of standard forestry practices currently in use in this area, and in a manner, which will minimize the damage to young growth and other uncut timber. Crawler tractors used in skidding logs may not be equipped with a blade in intermediate

(thinning) cut areas without the written approval of the RECO. No unmarked tree shall be cut, except that unmarked trees which are badly damaged shall be cut if required by the RECO. If the Purchaser or his employees cause Excessive

Damage to unmarked trees, the Purchaser shall be penalized at the rate equivalent to, and in addition to, the Contract bid rate (double stumpage), plus $5.00 per inch of diameter outside the bark measured at 4½ feet above the ground line. Damage is defined as injury to living crown, bole, or roots of trees resulting in a wound greater than 28 square inches in size. Such timber will be tallied, and the volume determined by the Government. 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 200 percent of the unit bid price for all timber damaged by fire. In addition, the Purchaser will reimburse the

Government for the cost of re-establishment of pre-merchantable plantations and/or early succession forest areas at the rate of $500 per acre.

4. Uncut Designated Trees: Failure to cut designated merchantable timber on the sale areas cut over under this contract is likely to cause substantial silvicultural or other damage to the Government. It will be difficult, if not impossible, to determine the amount of such damage. Therefore, Purchaser shall pay as fixed, agreed, and liquidated damages for each designated tree uncut, at the rate of $5.00 per tree.

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

1. Temporary Facility Removal: When temporary structures or other improvements are moved to another location or are abandoned, the Purchaser shall dispose of all abandoned structures and debris off Government property, and except for slash, shall clean up the site. Upon completion of the work, the Purchaser shall remove his plant, tools, materials, and other articles from the property of the Government.

2. Sanitation and Clean-up: Adequate sanitation conveniences of an approved type, properly secluded from public observation, shall be constructed and maintained in an approved manner for use of persons employed by the Purchaser. All temporary structures for sanitation purposes must be approved by the Government Technical

Representative 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 of 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 twenty-five (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 magazines and 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. Inspection of each area will be made by the Contracting Officer to ensure compliance before the Contractor leaves the area. Any cost incurred by the Government due to failure of the

Contractor to comply with these requirements shall be borne by the Contractor.

D. Protection of Streams, SMZs, 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 streamsides is strictly prohibited per Army Corps of Engineer and applicable…