Raystown_Lake(B-24-01)IFB_22Apr2024.pdf

NAO FORM RE-01 [1]

MAY 24

MAIL BID TO: CHIEF, REAL ESTATE OFFICE

ATTN: CENAO-RE-D

U.S. ARMY ENGINEER DISTRICT, NORFOLK

803 FRONT STREET

NORFOLK, VA 23510-1011

(See page 6 for further details)

Sale of

Government-Owned

Forest Products

(SEE PRIVACY ACT STATEMENT BELOW BEFORE COMPLETING THIS FORM)

Harvest Location: Raystown Lake Project, Huntingdon County, PA

PAGE NUMBER 1 OF 22 PAGES

INVITATION NUMBER: DACW65-B-24-01

DATED: 22 April 2024 Sealed bids in SINGLE copy, subject to the terms and conditions set forth herein, for the purchase and removal of the Government-owned property listed in this invitation, will be received until the time, date, and at the place indicated below, and then publicly opened.

TIME OF OPENING: 2:00 p.m. EASTERN STANDARD TIME

DATE OF OPENING: THURSDAY, 23 May 2024

PLACE OF OPENING: Acquisition, Management, and Disposal Section, Real Estate Office, 803 Front Street, Norfolk, VA

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

INDICATED IS REQUIRED BY CASHIERS CHECK, CERTIFIED CHECK, OR

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

INSPECTION INVITED ONLY ON THURSDAY 16 May 2024 AT 9:00 a.m. weather conditions permitting. Pre-bid tour attendees shall meet at the Seven Points Entrance Station near Hesston, PA.

ARRANGE WITH:

-Or-

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

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

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

DO NOT REMOVE PAGES FROM INVITATION

US Army Corps of Engineers

REAL ESTATE CONTRACTING OFFICER’S

REPRESENTATIVE:

Mr. Andrew Willey-Norfolk District Representative

TEL#: (757) 201-7804 CELL# (757) 404-9758

EMAIL: andrew.g.willey@usace.army.mil

PROJECT FORESTER:

Mr. Glenn Werner-Raystown Lake Forester

TEL#: (814) 658-6807 or (814) 386-1995

E-MAIL: glenn.e.werner@usace.army.mil mailto:andrew.g.willey@usace.army.mil mailto:glenn.e.werner@usace.army.mil

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACW65-B-24-01 Page 2 of 22

NAO FORM RE-01 [2]

Paragraph Page

Title 1

Index 2

Bid Sheets 3-4

Description of Timber Sales Area 5

SECTION II - INSTRUCTIONS TO BIDDERS 6-8

Knowledge of Sale Terms and Conditions 1 6

Inspections 2 6

Preparation and Submittal of Bids 3 6

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

Bid Deposit 5 7

Bid Openings 6 7

Award of Contract 7 7-8

Reservation of Rights 8 8

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

Definitions 1 9

Condition of Property 2 9

Performance Guarantees 3 9

Payments 4 9-10

Late Payment Charge 5 10

Title and Risk of Loss 6 10

Default 7 10

Disputes 8 10

Equipment 9 10

Work Performance 10 10

Extension of Time 11 10-11

Supervision of Work 12 11

Utility Lines and Fences 13 11

Fire Fighting and Fire Laws 14 11

Security Regulations 15 11

Accident Prevention 16 11-12

Termination or Suspension of Contract 17 12

Covenant against Contingent Fees 18 12

Tree Marking Painting and Equipment 19 12

Records 20 12

Gratuities 21 12

Equal Opportunity 22 12-13

Withdrawal of Property after Award 23 13

Liability for Damages 24 13-14

Oral Statements and Modifications 25 14

Metal Contamination 26 14

Officials Not to Benefit 27 14

Notices 28 14

Contract Assignment 29 14

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

Commencement 1 15

Schedule of Removal and Completion 2 15

Periods of Operation 3 15

Description and Location of Timber 4 15

Environmental Protection 5 15-16

Harvesting Requirements 6 16-17

EXHIBITS 18-20

Notification of Work Completion EXHIBIT A 18

Paint Symbols & Disturbed Area Stabilization Requirements EXHIBIT B 19

Directions to Spooked Fawn Timber Sale Area EXHIBIT C 20

ENCLOSURES 21-22

Raystown Lake Spooked Fawn - Timber Sale Location Map ENCLOSURE 1 21

Raystown Lake Spooked Fawn - Sale Map ENCLOSURE 2 22

NAO FORM RE-01 [3]

SALE OF GOVERNMENT FOREST PRODUCTS

BID AND AWARD

Invitation For Bid No.

DACW65-B-24-01

Page

BID

(This Section to be completed by the Bidder)

DATE OF BID

23 May 2024

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

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

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

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

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

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

CERTIFICATE AS TO SMALL BUSINESS STATUS

The bidder certifies that he/she (is) (is not) a small business concern within the terms of the following definition: In sales of

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

NAME AND ADDRESS OF BIDDER (STREET, CITY, STATE, AND ZIP CODE) (Type or print)

SIGNATURE OF PERSON AUTHORIZED TO SIGN BID

TELEPHONE FAX

CELL TAX ID NUMBER

E-MAIL

SIGNER’S NAME AND TITLE (Type or print)

CORPORATE CERTIFICATE

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

Signature __________________________________ (CORPORATE SEAL)

ACCEPTANCE BY THE GOVERNMENT

(This Section for Government use only)

DATE OF ACCEPTANCE

ACCEPTED AS TO ITEM NUMBERED

UNITED STATES OF AMERICA

BY___________________________________

(Real Estate Contracting Officer)

TOTAL AMOUNT

CONTRACT NUMBER

DACW65-S-24-01

TITLE OF REAL ESTATE CONTRACTING OFFICER

Chief, Real Estate Office

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACW65-B-24-01 Page 4 of 22

NAO FORM RE-01 [4]

SALE OF GOVERNMENT FOREST

PRODUCTS

ITEM BID PAGE

Invitation For Bid No.

DACW65-B-24-01

Page

QUANTITY

(No. of Units)

UNIT OF

MEASURE

TO BE SUPPLIED BY BIDDER

ITEM

NO.

TIMBER FOR SALE

AND LOCATION

PER UNIT

PRICE BID

TOTAL PRICE BID

DOLLARS CENTS

1 TIMBER ON TURTUL SHELL TIMBER

SALE:

(210 ACRES)

HARDWOOD SAWTIMBER 394,382 B.F. (1/4” Int) $ $

HARDWOOD PULPWOOD 5,800 TONS $ $

TOTAL LUMP SUM BID FOR ITEM 1 $

(Turtle Shell Timber Sale)

An Erosion and Sedimentation Plan and

Accident Prevention Plan shall be completed by the Purchaser and approved by the Government prior to the start of timber harvesting.

Proof of Pennsylvania SFI® Professional

Timber Harvester Training Program certification for the on-site logging crew lead including First Aid/CPR for each on site worker shall be provided by the Purchaser and approved by the Government prior to the start of timber harvesting.

Due to site locations, timber harvesting operations can be postponed by recommendation of the Project Forester until favorable conditions permit.

The Purchaser shall be responsible for all township, county, state, and private road bonding associated with the timber harvest operation.

All terms and conditions herein are pertinent to this bid and subsequent contract upon award.

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

ALL THE ABOVE ESTIMATED SAWTIMBER VOLUMES

ARE BASED ON THE INTERNATIONAL ¼ INCH LOG RULE

BIDDER’S NAME SHOULD APPEAR ON EACH ITEM BID

PAGE CONTAINING A BID

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACW65-B-24-01 Page 5 of 22

NAO FORM RE-01 [5]

This sale is based on the International Log Rule 1/4 Inch Kerf for sawtimber and will be sold as a LUMP SUM.

DESCRIPTION OF TIMBER SALES AREAS: Item No. 1 The Turtle Shell Timber Sale is located on the Raystown Lake Project in Penn Township, Huntingdon County, Pennsylvania. The sale area consists of two (2) harvest blocks which total 210 acres and is being managed as follows: shelterwood and clearcut with residuals. The primary sawtimber species composition of designated timber consists of northern red oak, chestnut oak, and sugar maple. Previously used haul roads, log landings and skid trails exist therefore site impacts with respect to new construction will be minimal. Whole tree chipping IS NOT permitted and treetops must remain on site. An Erosion and Sedimentation Plan and Accident Prevention Plan shall be completed and approved by the Corps prior to the start of timber harvesting including First Aid/CPR certificates for all workers on site. In addition, Proof of Pennsylvania

SFI® Professional Timber Harvester Training Program certification for the on-site logging crew lead shall be provided prior to the start of timber harvesting.

Contract shall run from date of award – May 31, 2025. In compliance with Raystown’s Biological Opinion, Effects to the Indiana

Bat and Northern Long-eared Bat from Activities on the Raystown Lake Project, U.S. Army Corp of Engineers , tree felling shall not occur from June 1 – July 31.

Item No. 1 –394,382 board feet of hardwood sawtimber and 5,800 tons of hardwood pulpwood on approximately 210 acres.

Volume Statement

ITEM NO. 1

Turtle Shell Timber Sale Hardwood Sawtimber Volume

(International ¼)

Block #

Species

Total R. Oak

W.

Oak B. Oak C. Oak

Y.

Poplar

R.

Maple Hick

B.

Walnut Cherry S. Maple Misc.

Block 1 107,873 13,974 18,907 87,144 270 5,938 4,044 2,570 18,828 29,092 2,175 290,814

Block 2 3,227 5,117 4,387 10,033 0 4,601 4,689 13,300 15,323 25,410 17,482 103,568

TOTALS 111,101 19,091 23,293 97,177 270 10,539 8,732 15,869 34,151 54,502 19,657 394,382

%l 28.17 4.84 5.91 24.64 0.07 2.67 2.21 4.02 8.66 13.82 4.98 100%

Turtle Shell Timber Sale Pulpwood Volume

Tons/Ac Acres Total

Tons

27.62 210 5,800

Map of timber sale area and timber sale map: See (Attached Enclosures 1 & 2).

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACW65-B-24-01 Page 6 of 22

NAO FORM RE-01 [6]

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

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

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

Arrangements for inspection may be made by contacting the person(s) specified on the cover sheet hereof, inspections may be made during times therein stated.

3. PREPARATION AND SUBMITTAL OF BIDS:

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

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

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

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

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

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

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

Return Address Postage

Sealed Bid

To be Opened: To: Chief, Real Estate Office

Time: 2:00 p.m. Attn: CENAO-RE-D

Date: Thursday, May 23, 2024 U.S. Army Engineer District, Norfolk

Invitation No. DACW65-B-24-01 803 Front Street

Norfolk, VA 23510-1011

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

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

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

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACW65-B-24-01 Page 7 of 22

NAO FORM RE-01 [7]

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

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

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

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

Government after receipt at the government Installation.

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

c. The only acceptable evidence to establish:

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

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

Service).

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

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

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

5. BID DEPOSIT:

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

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

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

Contracting officer only upon full reconciliation of payments owed.

6. BID OPENING:

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

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

7. AWARD OF CONTRACT:

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

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACW65-B-24-01 Page 8 of 22

NAO FORM RE-01 [8]

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

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

Officer must find that:

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

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

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

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

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

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

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

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

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

(i) identify the Invitation For Bid No.;

(ii) identify contact parties;

(iii) state the reasons for the protest;

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

(v) state what is the desired result.

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

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

SALE OF GOVERNMENT OWNED TIMBER/INVITATION FOR BIDS NO. DACW65-B-24-01 Page 9 of 22

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

1. DEFINITIONS:

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

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

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

Government, and includes a duly appointed successor District Representative.

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

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

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

3. PERFORMANCE GUARANTEES: Within ten (10) calendar days after the notice of acceptance has been sent to the Purchaser by the Real Estate Contracting Officer, the Purchaser will furnish to said Real Estate Contracting Officer a performance deposit in order to ensure faithful performance under this contract in addition to other payments required under the provisions of this contract. If the contract is performed to the full satisfaction of the Real Estate Contracting Officer, said performance deposit shall be returned to the Purchaser upon satisfactory contract completion.

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

(i) A certified check, cashier's check, or postal money order in the amount of ten percent (10%) of the awarded contract price made payable to the Treasurer of the United States, or

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

(iii) An irrevocable letter of credit which must be on bank letterhead paper and in the amount of not less than ten percent

(10%) of the contract price. Also the letter must:

(1) Be non-cancelable.

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

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

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

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

(6) Be in U.S. currency.

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

4. PAYMENTS:

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

States. The Purchaser's bid deposit shall be applied to the purchase price. The balance of the twenty percent (20%) required bid deposit and the ten percent (10%) required performance deposit, if any, will be credited to the final payment or refunded as applicable.

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b. Pay Schedule (excluding the prior defined required performance guarantee) for LUMP SUM sales:

• Due at time of bid – twenty percent (20%) of bid price termed “required bid deposit” to accompany bid.

• Due Sixty (60) days after contract execution, 1st of 4 scheduled payments post award – twenty percent (20%) of the awarded contract price.

• Due Ninety (90) days after contract execution, 2nd of 4 scheduled payments post award -- twenty percent (20%) of the awarded contract price.

• Due One-Hundred-Twenty (120) days after contract execution, 3rd of 4 scheduled payments post award – twenty percent (20%) of the awarded contract price.

• Due One-Hundred-Fifty (150) days after contract execution, 4th of 4 scheduled payments post award – twenty percent (20%) of the awarded contract price.

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

6. TITLE AND RISK OF LOSS: Title to the timber sold hereunder shall vest in the Purchaser as and when the Purchaser cuts the designated timber. The risk of loss shall pass to the Purchaser upon the vesting of title.

7. DEFAULT: If after award, the Purchaser breaches this contract by failing to make any required payment when due, or by failing to remove any timber as and when required, then the Real Estate Contracting Officer may send the Purchaser a fifteen (15) day written notice of default (calculated from the date of mailing) and upon the Purchaser's failure to cure such default within the period (or such further period as the Real Estate Contracting Officer may allow), the Purchaser shall lose any and all rights, claims, interests and title which he/she may have acquired in and to such timber as to which the default has occurred. The Purchaser agrees that in the event he/she fails to make any payment required or remove any timber as and when required, the Real Estate Contracting Officer at his/her election and upon notice of default shall be entitled to retain or collect as liquidated damages from any bid deposit, payment made, or performance bond or deposit, the actual damages, including, but not limited to, any loss, cost or expense in reselling or otherwise disposing of any timber sustained by the Government, as determined by the Real Estate Contracting Officer, as a result of such default. If the Purchaser otherwise fails in the performance of any of his/her obligations, the Government may exercise such rights and pursue such remedies as are provided by law or under this contract.

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

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

Contracting Officer's decision. This "Disputes" condition does not preclude consideration of law questions in connection with decisions provided above: Provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on the question of law.

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

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

11. EXTENSION OF TIME: The Real Estate Contracting Officer may by a Change Order extend the time allocated for removal:

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

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

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

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

Real Estate Contracting Officer or his/her duly authorized representative.

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

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

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

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

12. SUPERVISION OF WORK: The work will be conducted under the general direction of the Real Estate Contracting Officer, and is subject to inspection by any District Representative and/or Project Forester to ensure compliance with the terms of the contract.

When cutting, logging, or other operations under this contract are in progress, the Purchaser shall have a representative, readily available to the area of such operation at all times, who shall be authorized to receive, on behalf of the Purchaser, any notices and instructions given by the Real Estate Contracting Officer in regard to performance under this contract, and to take such action thereon as required by the terms of this contract.

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

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

Government.

14. FIRE FIGHTING AND FIRE LAWS: The Purchaser shall comply with all Project fire regulations. The Purchaser shall be held liable for any forest fires resulting from his/her operations. The Purchaser and his/her employees shall do all in their power to prevent and suppress forest fires in the logging and adjacent areas. Forest fires resulting from the Purchaser's operation will be extinguished by the Purchaser without expense to the Government, and where it is necessary for the Government to supply labor or equipment to extinguish any forest fires traceable to the logging operations, the Government may hold the Purchaser liable for the cost and expense thereof. The Purchaser shall be required to maintain adequate forest firefighting equipment during the operations suitable for controlling forest fires expeditiously in the terrain and location where his harvesting operations are being carried out. Heating equipment will be subject to approval of the Project Forester. Logging operation generated rubbish shall be removed from the Project for disposal. The District Representative will make periodic inspections to determine whether the equipment on hand is adequate to effectively fight forest fires in the sale area(s). The Purchaser agrees to abide by the State of Pennsylvania forest fire fighting laws.

No burning will be undertaken on the Project unless prior approval is received from the Project Forester.

15. SECURITY REGULATIONS: The Purchaser, his/her agents, employees, and sub-contractors shall comply with all security regulations of the Army Corps of Engineers. Before commencing operations hereunder, the Purchaser shall report to the Project

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

16. ACCIDENT PREVENTION:

a. The Purchaser shall take such action as may be just, reasonable and necessary for the protection of his/her employees while engaged in operations within the boundaries of the government-owned property. This will specifically include adopting recognized safe practices such as but not limited to ensuring at least two (2) workers are onsite when conducting any timber harvesting or associated work, supplying and maintaining equipment in safe operating condition, proper guarding of all hazardous equipment and compliance with all pertinent safety regulations, and ensuring all employees have basic CPR/First Aid training.

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

c. The Purchaser will comply with the U.S. Army Corps of Engineers Safety and Heath Requirements Manual (EM 385 1-1) a copy is available online at https://www.publications.usace.army.mil/Portals/76/EM 385-1-1 _EFFECTIVE 15March2024.pdf for review. This manual requires a completed and approved Accident Prevention Plan (AAP) prior to the start of work. The Purchaser shall provide an APP to the Project Forester and/or District Representative within 60 days of award/notice of acceptance. Work under this contract will not be permitted until the APP is approved by the Government. The Purchaser will also comply with the

Pennsylvania SFI® Professional Timber Harvester Training Program, this program is provided by the Pennsylvania Sustainable

Forestry Initiative and demonstrates that Pennsylvania’s professional timber harvesters take the safety and sustainability aspects of their industry seriously, more information is available online at: http://sfiofpa.org/pages/logger-resources/. Additionally logger’s safety information is also available online at https://www.osha.gov/SLTC/logging/index.html.

https://www.publications.usace.army.mil/Portals/76/EM%20385-1-1%20_EFFECTIVE%2015March2024.pdf http://sfiofpa.org/pages/logger-resources/ https://www.osha.gov/SLTC/logging/index.html

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d. The Purchaser shall provide “Truck Crossing” signs at the intersection of landing areas and township roads. The contractor will also be working in areas of public trails and hunting access. Appropriate signage must be provided and slow speed must be observed in these areas.

17. TERMINATION OR SUSPENSION OF CONTRACT:

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

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

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

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

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

19. TREE MARKING PAINT AND EQUIPMENT: Marking hammers, tree marking paint or equipment for painting trees, or any other equipment similar to that used by the Government in the marking of trees, logs, or bolts are prohibited from the Project.

20. RECORDS: Books and records of the Purchaser relating to all operations covered by this contract shall be open to inspection at any time by the Real Estate Contracting Officer and available for audit with the understanding that the information obtained shall be regarded as confidential.

21. GRATUITIES:

a. 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 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.

b. In the event this contract is terminated as provided in subparagraph a above, the Government shall be entitled (1) to pursue the same remedies against the Purchaser as it could pursue in the event of a breach of the contract by the Purchaser, and (2) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Secretary or his duly authorized representative) which shall be not less than three (3) nor more than ten (10) times the costs incurred by the Purchaser in providing any such gratuities to any such officer or employee.

c. 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.

22. EQUAL OPPORTUNITY:

a. If, during any twelve (12)-month period (including the twelve(12) months preceding the award of this contract), the

Purchaser has been or is awarded nonexempt federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Purchaser shall comply with subparagraphs (b)(i) through (xi) below. Upon request, the Purchaser shall provide information necessary to determine the applicability of this clause.

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b. In performing this contract, the Purchaser agrees as follows:

(i) The Purchaser shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin.

(ii) The Purchaser shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. This shall include, but not be limited to, (1) employment, (2) upgrading, (3) demotion, (4) transfer, (5) recruitment or recruitment advertising, (6) layoff or termination, (7) rates of pay or other forms of compensation, and (8) selection for training, including apprenticeship.

(iii) The Purchaser shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Real Estate Contracting Officer that explains this clause.

(iv) The Purchaser shall, in all solicitations or advertisement for employees placed by or on behalf of the Purchaser, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

(v) The Purchaser shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Real Estate Contracting Officer advising the labor union or workers' representative of the Purchaser's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(vi) The Purchaser shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the

Secretary of Labor.

(vii) The Purchaser shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor, Standard Form 100 (EEO-1), or any successor form, is the prescribed form to be filed within 30 days following the award, unless filed within 12 months preceding the date of award.

(viii) The Purchaser shall permit access to its books, records and accounts by the contracting agency or the Office of

Federal Contract Compliance Programs (OFCCP) for the purposes of investigation to ascertain the Purchaser's compliance with the applicable rules, regulations, and orders.

(ix) If the OFCCP determines that the Purchaser is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Purchaser may be declared ineligible for further government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Purchaser as provided in Executive Order 11246, as amended, the rules, regulations and orders of the Secretary of Labor, or as otherwise provided by law.

(x) The Purchaser shall include the terms and conditions of subparagraph b(i) through (xi) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive

Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

(xi) The Purchaser shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Purchaser becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Purchaser may request the United States to enter into the litigation to protect the interests of the United States.

c. Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by…