Fom1 5450-25 

{December 2011) UNITED STATES 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT 

No 

CONTRACT FOR THE SALE OF TIMBER AND OTHER WOOD PRODUCTS 

LUMP SUM SALE 

THIS CONTRACT is made and entered into the day of . 2Q__, under the authority 

of the Act of August 28, 1937, (50 Stat. 874), as amended, (43 U.S.C. 118la-f), relating to the revested Oregon and California 

Railroad and reconveyed Coos Bay Wagon Road grant lands, or under the Act of July 31, 1947, (61 Stat. 681), as amended, (30 

U.S.C. Sees. 60 1-604), relating to other lands under the jurisdiction of the Bureau of Land Management (BLM), and the regulations 

as set forth in 43 CFR Group 5400, between the UNITED STATES OF AMERICA, hereinafter called the Government, acting 

through the BLM, and 

of 

hereinafter called the Purchaser. 

WITNESSETH, That the parties hereto do mutually agree as follows: 

Sec. 1. Wood Products Sold - The Government hereby sells to the Purchaser and the Purchaser hereby buys from the Government, 

under the terms and conditions of this contract, all wood products included in £thibit B, which is attached hereto and made a pan 

hereof, except that wood products reserved to the Government under Sec. 41 of this contract, within the area designated by the 

Government, comprising contract area as shown on map marked £yhihit A, which is attached hereto and made a part hereof, and 

silllatcd in the County of , State of , and described as follows: 

TOWNSHIP Ri\NGE SECTION 

Sec. 2. Total Purchase Price - The Purchaser agrees to pay 

the Government. as the total purchase price for the wood products 

sold hereunder. the sum of 

dollars ( ); Pro1•ided, hull'ever, that such 

total purchase price may be adjusted in accordance with Sees. 6. 7, 8. 

9. 19. 20, or 42 of this contract. 

Sec. 3. Payment 

(a) Payment under this contract shall be made as set forth in this 

section. o \\OOd products may be cut or removed until the required 

payments have been made. Purchaser shall continue to make such 

payments until theo: total purchase price has been paid. The total 

purchase price shall be paid no later than the expiration of time for 

cutting nnd removal as set forth in Sec. 4. 

SUBDIVISION(S) 

{b) Unless total purchase price is paid on or before the date this 

contract is signed by the Contracting Officer, payments shall he made 

in installments of not less than 

dollars ( ) as follows: ( I) The first installment 

shall be paid on or before the ela te this contract is signed by the 

Contracting Ollicer, ont:-half of this first installment may be applictl 

as payment on the total purchase price when (i) no less than 60 

percent of the total purchase price has been paid or (ii) road 

construction required under the contract has been completed the 

value of which when combined with contract payments is equal to no 

less than 60 percent of the total purchase price. and one-half of this 

first installment shall bt: held to satisfy the final payment due under 

this contract; (2) except as provided by subsections (e) and (f) of this 

section, a second installment shall be paid prior to cutting or removal 

of any wood products sold under this contract. Each subsequent 

installment shall be due and pay:tblc without notice when the va lu~.: of 
the wood products cut or removed equals the sum of all payments not 

including the first installment or one-half of the first installment aficr 

one-half of the first installment has been released as provided in 

subsection (b)( I) of this section; (3) Provided. howeve1: that in the 

case of all contracts with a nineteen ( 19) month or longer term, the 

Purchaser shall be required by the first anniversary date to either (i) 

pay no less than 20 percent of the total purchase price or (ii) complete 

road construction required under the contract the value of which 

when combined with contract payments is equal to no less than 20 

percent of the total purchase price; (4) Provided furthe1: that in the 

case of contracts with a twenty-seven (27) month or longer term, the 

Purchaser shall also be required by the second anniversary date to 

either (i) pay no less than 40 percent of the total purchase price or (ii) 

complete road construc tion required under the contract the value of 

which when combined with contract payments is equal to no less than 

40 percent of the total purchase price. 

(c) Notwithstanding the provisions of subsection (b)( I ) of this 

section, the amount of the first installment may be reduced by the 

Government when the Contracting Officer requests the Purchaser to 

interrupt or delay operations for a period expected to last more than 

thirty (30) days during the operating season. Such interruption or 

delay must be beyond the Purchaser's control. The first installment 

may be reduced to 5 percent of the installment amount specified in 

subsection (b) of this section, during the delay period. The Purchaser 

must request such a reduction in writing. When the Contracting 

Officer notifies the Purchaser that operations may proceed, the 

Purchaser shall have fi fieen ( 15) days after such notification to 

restore the first installment to the value specified in subsection (b) of 

this section. Failure to restore the first installment within the allotted 

time will be considered a ma terial breach of contract. No wood 

products shall be cut or removed from the contract area until the first 

installment is restored. 

(d) Notwithstanding the provisions of subsections (b)(3) and (b)(4) 

of this section, adjustments in the due dates fo r anniversary payments 

may be made by the Government if the Contracting Officer interrupts 

or delays contract operations for a period expected to last at least 

thirty (30) days, and the interruption or delay is beyond the 

Purchaser's control. Any adjustment made to the due dates for 

anniversary payments will be commensurate with the extension of 

operating time granted in accordance with Sec. 9. The Purchaser shall 

request such adjustment in writing before the due date for an 

anniversary payment contained in subsections (b)(3) and (b)(4) of 

this section. 

(c) If Purchaser increases the performance bond as permitted by 

Sec. 39(b). cutting of wood products of a value not in excess of the 

increase in value of such bond may be permitted prior to the payment 

of the second installment or subsequent installments; Provided. 

howeve1: that no wood products may be skidded, yarded. or 

otherwise transported to a loading point or removed from the contract 

area prior to payment of any installment which, but for provisions of 

this subsection, would otherwise be due under the provisions of Sec. 

3(b). 

(f) If Purchaser provides a payment bond, as permitted by Sec. 

39(d), cutting and/or removal of wood products of a value not in 

excess of the penal sum of such bond may be permitted prior to the 

payment of the second installment or subsequent installments. Unless 

a shorter period is agreed to by Purchaser and Government, 

Government shall bill Purchaser monthly fo r wood products skidded, 

yarded, or otherwise transported to a loading point or removed from 

the contract area. Such billing shall include any amount due for 

related road maintenance fees and other charges required under this 

contract. Purchaser shall make payment within fifieen (15) days of 

the billing date shown on the billing form. 

(g) for the purpose of determining (I) when payments are due or 

(2) the value of wood products subject to any special bonding 

provisions, Government shall calculate the value of wood products in 

accordance with the provisions of £,·hi bit B. 

(h) Notwithstanding Sec. 3(a), if the time specified for cutting and 

removal expin:s or the contract is cancelled. credit against the total 

purchase price will be determined pursuant to Sec. I I. The 

Government wi ll then bill the Purchaser for the amount due. payable 

within fifieen ( 15) days of the demand for damages. 

(i) Purchaser shall make all payments at a depository as designated 

by the Contracting Officer in cash or by money order. check. credit 

card. or electronic transfer made payable to the Dcpanment of the 

Interior, Bureau of Land Management. 

(j) For any payments or other charges not paid when due, interest 

shall accrue on the amount due at the Department ofTreasury's Current 

Value of Funds rate published in the fede ral Register. beginning 

thirty (30) calendar days after the billing date shown on the billing 

form. For every demand letter issued, an administrative charge will 

be assessed. If payment has not been received within ninety (90) 

calendar days after the billing date shown on the billing form. 

administrative penalties will be assessed at a rate of 6 percent per 

annum on any outstanding principal balance. All fees arc assessed in 

accordance with the Debt Collection Improvement Act of 1996 (II 0 

Stat. 132 1) or any amendment thereof. 

Sec. 4. Time for Cutting and Removal - Except as otherwise 

provided in this contract, Purchaser may begin cutting and removing 

wood products sold under this contract on the date this contract is 

signed by the Contracting Officer. Purchaser's right to cut and 

remove such wood products shall expire 

( ) months afler such date: Provided. however. extensions of 

time may be granted as provided in Sec. 9. 

Sec. 5. Definitions 

(a) Comracting Officer - the Bureau of Land Management oflicial 

who would have authority to execute this contract and delegate 

authority to take action in connection with this contract. 

(b) Authori=ed Officer - any employee of the Durcau of Land 

Management who has been delegated. by the Contracting Ollicer, the 

authority to take action in connection with this contract. 

(c) Timber - standing trees. downed trees or logs, or ponions 

thereof. which arc capable of being measured in board feet. 

(d) IVood Products- includes timber and other woody material not 

normally measured in board feet. 

(e) Loading Point - any landing or other area in which wood 

products are capable of being loaded for transponation out of the 

contract area; Provided, howeve1: tha t right-of-way wood products 

which have been cut shall not be considered tu be at a loading point 

until such time as the wood products from any source arc actually 

transported from that portion of the right-of-way. 

(f) Operating Season - the time of year in which operations of the 

type allowed or required arc normally conducted and not specifically 

restricted under this contract. 

Sec. 6. Inspection of Wood Products and Disclaimer of 

Warranty 

(a) Purchaser warrants tha t this contract is accepted and executed 

on the basis of its examination and inspection of the wood products 

sold under this contract and its opinion of the value thereof. 

(b) Government expressly disclaims any warranty of fitness of the 

wood products lor any purpose; all wood products sold hereunder arc 

accepted As Is without any warranty of merchantabi lity by 

Government. Any warranty as to the quantity or quality of the wood 

products sold hereunder is expressly disclaimed by Government. 

Refund to or recovery by Purchaser for fail ure of title to any wood 

products sold hereunder shall not exceed the value of such wood 

products computed at unit prices per species or for all species 

included as set forth in Exhibit B. 

(Form 5450-25, page 2) 
Sec. 7. Passage of Title and Risk of Loss - Title to wood 

products sold under this contract shall remain in Government and 

shall not pass to Purchaser until such wood products have been paid 

fo r and removed from the contract area. Un less cut wood products are 

sold under this contract, risk of loss shall be borne by Purchaser after 

the wood products arc cut; Provided. howeve1; that if loss results 

from a fire which was not caused by Purchaser. Purchaser's 

contractors. subcontractors. or the employees of any of them, the risk 

of loss shall be borne by the party holding title. If cut wood products 

are sold under this contract. risk of loss shall be borne by the party 

holding title. Risk of loss to Government shall not exceed the value 

of such wood products computed at the unit prices per species or for 

all species included as set forth in E.xhibil B. Nothing herein shall be 

construed to relieve e ither party from liability for any breach of 

contract or any wrongful or negligent act. As used in this section, the 

term cui wood produc/s refers only to wood products which have 

been felled. bucked, piled at a loading point, or otherwise severed by 

direct human activity prior to the date this contract was entered into. 

Sec. B. Sales of Additional Wood Products - If the 

Authorized Officer and Purchaser agree that additional wood 

products should be removed and the Contracting Officer determines 

that the sale will not be detrimental to the interests of Government 

and is within the provisions of 43 CFR 5402.0-6, the Contracting 

Officer, or Authorized Ollicer if designated, shall grant written 

permission to Purchaser to cut and remove such wood products. If 

pcrn1ission is granted. Purchaser shall pay for such wood products at 

a price determined by the Authorized Officer in accordance with 

BLM-prescribed procedures. The value of such wood products shall 

be added to total purchase price in Sec. 2. Payment for such wood 

products shall be made in accordance with Sec. 3(b) or 3(f). excep1 

1ha1. if all contract payments required by Sec. 3(b) or 3(f) have been 

made, payment for such wood products shall be made in advance as a 

condition of granting such pcnnission. 

Sec. 9. Extension of Time and Reappraisal - If Pur as~:r 

shows that delay in cuning and removal was due to causes beyond 

their control and without their fault or negligence, the Contracting 

Officer may grant an extension of time, not to exceed one(!) year, 

upon written request of Purchaser. Any such extension shall provide 

the Purchaser with an equal amount of operating time as would have 

bec:n available without the delay. Such written request shall be fi led 

with the Contracting Officer prior to the expiration of the time for 

cutting and removal t:xpressed in Sec. 4. If an extension of time is 

granted. except as provided by 43 CFR 5473.4, wood products 

remaining on contract area shall be reappraised by the Authorized 

Officer using BLM-prcscribed procedures. and the total purchase 

price and E.xhibil 8 adjusted accordingly: Provided. however. no 

adjustment shall be made by reason of wood products being enhanced 

in value by Purchaser. nor shall the reappraised total purchase price 

be less than the total purchase price in efrcct during the original time 

for cutting and removal or the last extension. Tite Contracting Oflicer 

may require that the reappraised total purchase price shall be paid in 

advance as a condition of granting an extension. Market fluctuations 

shall not be cause for consideration of contract extensions. 

Sec. 10. Violations, Suspension, and Cancellation 

(a) l f Purchaser violates any provision of this contract, the 

Contracting Ollicer may, by writtc:n notice, suspend any further 

operations of Purchaser under this contract, except such operations as 

may be necessary to remedy the violation. l f Purchaser fails to 

remedy the violation within thirty (30) days after receipt of a 

suspension notice. the Contracting Officer may. by written notice, 

cancel the rights of the Purchaser under this contract and toke 

appropriate action to recover all damages sutrered by Government by 

reason of such violation, including application toward payment of 

such dnmnges of any advance payments and any performance bonds 

or. where applicable. any payment bonds; Provided, however, that if 

the violation involves nonpayment of amounts due for wood products 

cut and/or removed under n payment bond of a corporate surety, the 

Contracting Officer must, in addition to the above requirements, 

allow sixty (60) days after making demand upon surety for any 

payment due before cancelling the rights of Purchaser. 

(b) If Purchaser cuts or removes any wood products sold under this 

contract during any period of suspension, such cutting or removal 

shall be considered a willful trespass and render Purchaser liable for 

damages under applicable law. For purposes of determining damages 

under this section, the value of the trespass wood products shall be 

based upon the fair market value of the particular wood products cut 

or removed at the time of trespass. Any payment made for purchase 

price of wood products cut or removed in trespass shall be deducted 

to the extent of single damages or the value of wood products under 

this contract. whichever is lesser, from amount due because of 

trespass. 

(c) If Purchaser's operations are suspended because of Purchaser's 

failure to make an installment payment when due, the Contracting 

Oflicer may require Purchaser to pay the entire remaining balance of 

the total purchase price or any portion thereof as a condition of 

terminating the suspension. 

(d) In the event wood products arc entirely removed or the time for 

cutting and removal has passed, the suspension notice otherwise 

required in this section need not be issued prior to the notice of 

cancellation. 

(c) If Purchaser, Purchaser's contractors, subcontractors, or the 

employees of any of them, cuts, injures, or removes any Government 

wood products reserved under this contract, they shall fu lly 

cooperate, upon request of the Authorized Officer. in the 

investigation of such acts. If in the opinion of the Contracting 

Offi cer, fu ll cooperation is not received or will not be forthcoming, 

said official may suspend that portion of Purchaser's operations 

necessary to preserve evidence pending investigation or pern1it safe 

investigation of such acts. 

Sec. 11. Credit Against Purchase Price- If the time specified 

for cut1ing and removal of wood products have expired or the rights 

of Purchaser have been cancelled. Purchaser shall be entitled to a 

credit against any amount which is due and owing Government for 

wood products remaining on the contract area. The Contracting 

Officer shall determine the credit value of the remaining wood 

products as soon as possible after the date of expiration or 

cancellation. Credit value of the remaining wood products shall be 

total market value as established by the Contracting Officer by 

reappraisal or resale. or total value based upon contract unit prices as 

shown on Exhibit B. whichever is less. There shall be deducted from 

credit value such amounts as the Contracting Officer dctcm1ines 

adequate to cover costs to Government resulting from Purchaser's 

failure to perform, including but not limited to costs of appraising and 

administering any resale of wood products. 

Sec. 12. Hold Harmless and Responsibility for Damages 

to the Government - Purchaser agrees to hold the Government 

harmless from any claim for damage or loss of property, personal 

injury. or death and to be liable for any damage sutrered. cost or 

expense incurred by the Government which claim, damage, cost. or 

expense arise out of any operations under this contract and result 

from any breach of contract or wrongful or negligent act or omission 

of Purchaser, Purchaser's contractors, subcontractors. or employees 

of any of them. Purchaser shall pay Government for such damages 

aller written demand therefore by the Contracting Officer. 

Sec. 13. Wood Products Trespass - If in connection with 

operations hereunder Purchaser, Purchaser's contractors. 

subcontractors, or the employees of nny of them, cuts, injures, or 

removes any Government wood products. other than wood products 

sold under this contract, Purchaser shall be liable for damages under 

applicable law. Purchaser shall pay Government for such damages 

after written demand therefore by the Contracting Officer. 

(Form 5450-25. page 3) 
Sec. 14. Protection of Roads, Utilities, and Improvements 

- Existing telephone lines, transmission lines, fences, ditches. roads. 

trails, and other improvements shall be protected as far as practicable 

in all phases of Purchaser's operations. All such roads and ditches 

shall be kept free of logs. slash, and debris resulting from Purchaser's 

operations. Damage to roads, utilities, and improvements shall be 

promptly paid for or repaired to a condition which. in the opinion of 

the Authorized Officer, is at least as good as the condition just prior 

to such damage. 

Sec. 15. Fire Prevention and Slash Disposal - Purchaser shall 

take such measures for prevention and suppression of lire on the 

contract area and other adjacent Government lands used or traversed 

by Purchaser in connection with operations as are required by 

applicable laws and regulations. However. when in the opinion of the 

Authorized Officer. weather and other conditions affecting fire 

incidence and control make special precautions necessary to protect 

the conl!act area and said Government lands, Purchaser shall take 

such additional or other lire prevention and control measures as may 

be required by the Authorized Officer. Disposal of slash shall be done 

in accordance with a plan approved by the Authorized Officer or as 

provided in Sec. 42. 

Sec. 16. Construction, Use, and Maintenance of Roads 

and Facilities 

(a) Subject to the wrillen approval of and regulation by the 

Contracting Officer. Purchaser may: ( I) construct and use any new 

roads and facilities not otherwise provided for in this contract. and (2) 

use any existing roads and facilities not otherwise provided for in this 

contract. 

(b) Except as provided in Sec. 12, Purchaser shall perform or pay 

for repair and maintenance of any road or facility used under the 

terms of this contract in accordance with the requirements of Sec. 42; 

Provided. howevet: that Purchaser shall not be responsible for 

maintenance or repair of wear or damage caused by third parties. or 

maintenance or repair which exceeds the standards of required 

maintenance shown in Sec. 42; and Provided, further. that 

Purchaser's responsibility under this provision shall not commence 

prior to the date on which Purchaser first begins operations and shall 

cease upon completion and written acceptance of all contract 

requirements other than slash disposal, except for maintenance and 

repair of damages resulting from Purchaser's slash disposal activities. 

Sec. 17. Limitations of Road Use 

(a) Purchaser's right under this contract to usc existing Government 

roads described herein. or roads to be constructed. is limited 10 

removal of wood products sold and the transport of mineral materials 

under this contract; Provided, howe1•eJ: that this provision shall not 

limit any right to use Government roads or rights-of-way which have 

been granted to Purchaser pursuant to 43 CFR Group 2800. 

(b) For the purpose of protecting roads described herein. Purchaser 

shall immediately discontinue use of said roads upon receipt of 

wrillen notice that the Authorized Officer has determined that 

continued usc will cause excessive damage to said roads. 

Sec. 18. Acceptance of Road Construction 

(a) Whenever Purchaser shall deliver to the Contracting OfTiccr a 

wrillen statement that the road construction is complete, pursuant to 

the contract terms, the Authorized Officer shall promptly inspect such 

road. If the contract road construction requirements have been 

completed to the satisfaction of the Contracting Officer, Purchaser 

will be given written notice of acceptance, and, except as provided in 

Sec. 12. be released from further liability or duly for construction or 

reconstruction of such road. 

(b) Notwithstanding acceptance of any road under this section. 

Purchaser shall remain liable for maintenance and repair of any such 

road in accordance with the provisions of Sec. 16. 

Sec. 19. Cost Adjustment for Physical Changes - 1 f. prior to 

acceptance of a road under Sec. 18, a major physical change, caused 

by a single event, and not due to negligence of Purchaser. Purchaser's 

contractors, subcontractors, or the employees of any of them. results 

in additional construction work by Purchaser involving an additional 

estimated cost of more than: ( I) $ 1,000 for sales under one million 

board H:c t: (2) $1.00 per thousand board feet for sale of one to three 

million board feet; or (3) $3.000 for sales over three million board 

feet, Government shall become responsible for any estimated cost 

which exceeds the above amounts. Government may elect to meet its 

share by reducing the total purchase price or by payment of such cost 

to Purchaser or by performing the Purchaser's share of the necessary 

work. Where the Contracting Officer determines that the damages 

caused by such major physical change are so great that restoration. 

reconstruction. or construction is not practical under the cost-sharing 

arrangement, the Contracting Otlicer may cancel the wood products 

sale contract notwithstanding any provisions thereof. The estimated 

cost of additional work shall be calculated by the Authorized Officer 

using 13LM-prcscribcd appraisal procedures. Such cost shall include 

the cumulative estimated costs of repairing damage from slides, 

washouts, landslips, fire. etc., caused by said event. If necessary. 

plans and contract specifications shall be revised. and the contract 

modified, to meet the new conditions. Purchaser must obtain advance 

approval from the Contracting Officer for such additional work in 

order for Purchaser lo be eligible for cost adjustment under this 

section. The payment for physical changes shall be made by crediting 

against the total actual purchase price and may be accomplished by 

applying the credit to future installments owed by the Purchaser. 

Sec. 20. Design Change - If the Purchaser requests and the 

Contracting Officer agrees to a design change of a substantial nature 

to any road. road structure, or bridge required to be constructed or 

improved under the terms of this contract. or. in the absence of such a 

request, the Contracting Officer determines that a design change of a 

substantial nature is needed. the total purchase price shall be revised 

to reflect the estimated increase or decrease in cost from such design 

change. A design change of a substantial nature is one that would 

result in a cost adjustment of $2,000 or more. 

Sec. 21. Rights and Obligations After Time for Removal of 

Personal Property or Cancellation of the Rights of the 

Purchaser - If any of Purchaser's obligations remain unperformed 

afier expiration of the time for removal of personal property. as set 

forth in Sec. 40, or if the rights of Purchaser under this contract have 

been cancelled by Government. all provisions of this contract for the 

benefit and protection of Government or third parties shall remain in 

cfTcct unti l this contract is terminated in its cnlircl)' by Government. 

Sec. 22. Protection of Survey Monuments, Witness 

Corners, Reference Monuments, and Bearing Trees -

Purchaser shall protect all survey monuments. witness corners. 

reference monuments. and bearing trees against destruction. 

obliteration. or damage during operations on the contract area. If any 

monuments. corners, or accessories are destroyed, obliterated. or 

damaged by such operations. Purchaser shall hire an appropriate 

county surveyor or registered land surveyor to reestablish or restore 

the monuments. corners, or accessories, at the same location, using 

surveying procedures in accordance with the Manual oflnslructions 

for the Survey of the Public Lands of the United States. and shall 

record such survey in appropriate county records. The Authorized 

Officer may prescribe in writing additional requirements for 

protection of monuments. corners. and bearing trees. 

Sec. 23. Protection of Cultural Resources - If in connection 

with operations under this contract the Purchaser. Purchaser's 

contractors. subcontractors. or the employees of any of them. 

discovers. encounters. or becomes aware of any object or sites of 

cultural value on the contract urea. such as historical or prehistorical 

(Form 5450-25, page 4) 
ruins. gra\'es, grave markers. fossils, or artifacts, the Purchaser shall 

immediately suspend all operations in the vicinity of the cultural 

value and shall notil)' the Authorized Officer of the findings. 

Operations may resume at the discovery site upon receipt of written 

instructions and authorization by the Contracting Otliccr. 

Sec. 24. Purchaser's Representative - At all times when 

operations arc in progress under this contract. Purchaser shall have an 

authorized reprcscntati\C. whom shall be designated in writing by 

Purchaser. readily a' ailablc on the contract area who shall be 

authorized to rccchc. in behalf of Purchaser. any notices or 

instructions from the Authorized Officer in regard to perfonnancc 

under this contract. Purchaser shall take such action as required by 

the tarns of this contract. 

Sec. 25. Simultaneous Use of Contract Area by Others -

The simultaneous usc of the contract area by others may be 

authorized by the Government through issuance of pem1its, leases. or 

contracts, provided that the Authorized Ofliccr first determines that 

such usc o f the contr:tct arcn will not seriously inte rfe re with the 

operations o f the Purchaser. 

Sec. 26. Watershed Protection: Water Quality, Erosion 

Control, and Soil Damage 

(a) Purchaser shall comply with all applicable State and federal 

laws and regulations pertaining to wate r quality in connection with 

any operations under this contract. ~;~ b OIL -~".,j 

(b) Purchaser shall take C\'cry reasonable precaution not to pollute 

or obstruct any stream. lake. or reservoir on or near the contract area 

in connection ''ith any operations under this contract. If Purchaser's 

operations cause pollution or obstruction of any stream. lake. or 

reservoir on or ncar the contract area. Purchaser shall correct the 

condition to the satisfaction of the Authorized Officer. 

(c) Purchaser shall undertake every reasonable measure to 

minimize cro~ion and soil damage in connection with any operations 

under this contract. including but not limited to construction of wate r 

bars on yarding and spur roads as designated by the Authorized 

Officer. Purchaser shall immediately discontinue any construction, 

wood products harvesting, or hauling operations under this contract, 

upon receipt of written notice from the Contracting Officer that due 

to weather or soil moisture conditions. such operations will cause 

excessive damage to the soil. The Contracting Officer shall notify 

Purchast:r. in writing. when such operations may be resumed. 

Sec. 27. 

Materials 

Refuse Control and Disposition of Waste 

(n) Purchaser shall comply with all applicable State and Federal 

laws and regulations pertaining to refuse control and disposition of 

waste materials in connection with any opera tions under this contract. 

(b) Purchaser shall, to the satisfaction of the Authorized Officer. 

remove. or otherwise dispose of all garbage. tempora ry buildings. 

trash. litter. discarded equipment or parts. waste materials. or other 

refuse resulting from Purchaser's operations. Areas for disposal of 

waste material shall be subjo:et to approval of the Authorized Officer. 

(c) Waste materials. such as ga rbage, trash. oil. grease. chemicals. 

and similar substances shall be disposed of in a manner that will 

prevent their entry by droinagc, high water. or other means into any 

river. watercourse. lake. or reservoir in or near Purchaser's 

operations. \Vater used to w:1sh down equipment used for petroleum 

products, industrial chemicals, cement. or other toxic mate rials shall 

be disposed ur in a manner that will prevent their entry into any 

watercourse or waterway. 

Sec. 28. Storage and Handling of Hazardous Materials 

(a) Purchaser shall comply with all applicable State and Federal 

laws and regulations pertaining to storage. handling. use. and disposal 

of industrial chemicals. pesticides, herbicides. and other hazardous 

materials in connection with any operations under this contract. 

(b) Al l petroleum products, industrial chemicals, and similar toxic 

or vol:uile materials stored by Purchaser on or near the contract area. 

in connection with operations under this contract. shall be stored in 

durable containers and shall be stored in areas. as dctennined by the 

Authorized Otllcer, which arc either located so that any accidental 

spillage will not drnin into any watercourses, lakes, or reservoirs or. 

when such areas nrc not available. shall be stored in an area 

surrounded by irnpenneable containment dikes of sufficient capacity 

to contain the aggregate capacity of all tanks. 

Sec. 29. Safety and Health - Purchaser shall conduct all 

operations in connection with this contract in compliance with the 

applicable provisions of federal. State, and local safety. health. and 

sanita tion laws, codes, :md regulations and shall make it possible for 

the:: Authorized Ofli cer to inspect such operations. 

Sec. 30. Equal Opportunity - The Purchase r will comply with all 

provisions of Executive Order No. 11 246 of September 24. 1965. as 

amended, and of the rules, regulations. and relevant orders of the 

Secretary of Labor. 

Sec. 31. Records and Reports- Upon request of the Authorized 

Olllcer, l'urchaser shall furnish the following records and reports: ( I) 

volume or quantity of wood products cut and removed from the 

contract area: (2) road costs including road use fees paid in 

connection with removing wood products from the contract area: and 

(3) prices received for lumber and other wood products. 

Sec. 32. Unsatisfactory Bond - Whenever any pcrfonnance or 

pa) rnent bond furnished under this contract becomes unsatisfactory 

to the Contracting Olliccr. said official may require a new bond. 

Sec. 33. Assignments 

(a) Purchaser may not assign this contract or any interest therein 

without written approval of' the Contracting Officer. An assignment 

shall contain all the terms and conditions agreed upon by the parties 

thereto. 

(h) The Contracting Officer will not approve any assignment 

involving contract performance unless assignee: (I) is authorized to 

transac t business in the State indicated in Sec. I: (2) submits such 

inlorm:ltion as is necessary to assure the Contracting Officer of their 

ahility to fulfill the wntract; ond (3) furnishes a performance bond us 

required by Sec. 39 or obtains n commitment from the previous 

surety to be bound by the assignment when approved. 

Sec. 34. Contingent Fees - The 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. 

p.:rccntage. brokerage, or contingent Ice excepting bona fide 

employees or bona !Ide established commercial agencies maintained 

by Purchaser for the purpose of securing business. For breach or 

violation of this warranty. Go\'crnment shall have the right to cancel 

this contract without liability or. in its discretion, to require Purchaser 

to pay, in addition to the contract price or consideration. the full 

amount of such commission. percentage. brokerage. or contingent 

fcc. 

Sec. 35. Successors in Interest - Every obligation hereunder 

shall extend to and be binding upon the successors in interest of the 

parties hereto and ev.:ry benefit hereunde r shall inure to such 

successors. 

Sec. 36. Exercise of Rights or Duties of the Authorized 

Officer - The rights or duties of the Authorized Officer may be 

exercised by the Contracting Officer or said oiiicial's designated 

representa tive. 

(Form 5450-25, page 5) 
Sec. 37. Officials Not to Benefit- No Member of, or Delegate to 

Congress, or Resident Commissioner, aficr said official's election or 

appointment. or either before or aller said official has qualified and 

during said official's continuance in office. and no officer. agent. or 

employee of the Department of the Interior, except as provided in 43 

CFR (20. 735-24) shall be admitted to any share or part in this 

contract or derive any benefit that may arise therefrom; and the 

provisions of Section 374 1 of the Revised Statutes of the United 

States. as amended (4 1 U.S.C. Sec. 22). and Sections 43 1. 432. and 

433. Title 18 U.S.C .. relating to contracts. enter into and form a part 

of this contract so far as the same may be applicable. 

Sec. 38. Disputes 

(a) TI1is contract is subject to the Contract Disputes Act of 1978. as 

amended (4 1 U.S.C. 601-613). 

(b) Except as provided in the Act. nil disputes arising under or 

relating to this contract shall be resolved under this clause. 

(c) "Claim.'' as used in this clause, means a written demand or 

written assertion by one of the contracting parties seeking, as a maucr 

of right, the payment of money in a sum certain. the adjustment or 

interpretation of contrnct terms. or other relief arising under or 

relating to this contract. llowever, n written demand or wrillcn 

assertion by the Purchaser seeking the payment of money exceeding 

$ 100.000 is not a claim under the Act until certified. A voucher, 

invoice, or other routine request for payment that is not in dispute 

when submitted is not a claim under the Act. The submission may be 

converted to a claim under the Act. by complying with the 

submission and certification requirements of this clause, if it is 

disputed either as to liability or amount or is not acted upon in a 

reasonable time. 

(d) A claim by the Purchaser shall be made in writing and. unless 

otherwise stated in this contract. submiued within six (6) years after 

accrual of the claim to the Contracting Officer for a wrillen decision. 

A claim by the Govcrnmcnl against the Purchaser shall be subject to 

a wriucn decision by the Contracting Officer. 

(e) The Purchaser shall provide certification when submiuing any 

claim exceeding $ 100.000. The certifica tion rcquiremclll does not 

apply to issues in controversy that have not been submitted a~ all or 

part of a claim. The certifica tion shall state as follows: "I certify that 

the claim is made in good faith; that the supporting data are accurate 

and complete to the best of my knowledge and belief; that the amount 

requested accurately reflects the contract adjustment for which the 

Purchaser believes the Government is liable; and that I am duly 

authori zed to certify the claim in behalf of the Purchaser:· The 

certification may be executed by any person duly authorized to bind 

the Purchaser with respect to the claim. 

(f) For Purchaser claims of $ 100.000 or less. the Contracting 

Officer must. if requested in writing by the Purchaser. render a 

decision within sixty (60) days of the request. For Purchaser-certified 

claims o,·cr S I 00.000. the Contracting Officer must. within sixty (60) 

days. decide the claim or notify the Purchaser of the date by which 

the decision will be made. 

(g) The Contracting Officcr's decision shall be final unless the 

Purchaser appeals or files a suit as provided in the Act. 

(h) If the claim by the Purchaser is submiucd to the Contracting 

Officer or a claim by the Government is presented to the Purchaser. 

the parties. by mutual consent, may agree to use alternative dispute 

resolution (ADR). If the Purchaser refuses an offer for ADR, the 

Purchaser shall inform the Contracting Officer. in writing. of the 

Purchaser'~ specific reasons for rejecting the offer. 

(i) The Government shall pay interest on the amount found due and 

unpaid from: ( I) the date that the Contracting Officer receives t.he 

claim (certified, if required): or (2) the dat..: that payment otherw1se 

would be due. if that date is later. until the date of payment. Simple 

interest on claims shall be paid at the rate, fixed by the Secretary of 

the Treasury as provided in the Act, which is applicable to the period 

during which the Contracting Officer receives the claim and then at 

the rate applicable for each six (6) month period as fixed by the 

Treasury Secretary during the pendency of the claim. 

U) rhe Purchaser shall proceed diligently with performance of this 

contract. pending final resolution of any request for relict: claim. 

appeal. or action nrising under the contract. and comply with any 

decision of the Contracting Officer. 

Sec. 39. Bond 

(a) A performance bond shall be filed by Purchaser on or before 

the date this contract is signed by the Contracting Otliccr in the 

nmount of 

dollars 

). 

(b) If Purchaser elects to CUI wood products before payment of the 

second installment or subsequent installments. Purchaser shall 

increase the amount of the required performance bond by an amount 

equal to the second installment and one or more additional 

installments as set forth in Sec. 3(b). The adjusted bond must be 

approved. in writing. by the Contracting Officer prior to cutting any 

wood products under the adjusted bond. The increased amount of 

bond shall be used to ensure payment for such wood products. Wood 

products cut pursuant to this subsection may be paid for in 

installments. Upon payment. the increased amount of bond may be 

applied to other wood products sold under this contract to permit its 

cutting in advance of payment. 

(c) As contract provisions arc completed to the satisfaction of the 

Contracting Officer. said official may. at their discretion. reduce the 

amount of the required performance bond: Provided. howe1·er. the 

pcrfommnce bond may not be reduced below the amount of 

dollars 

( ) until pro' ision under Sec. 3(b)( I )(i) or 

3(b)( I )(ii) have been completed. Further. the pcrfom1ancc bond ma) 

not be reduced below the amount of 

dollars ( 

until the total purchase price has been paid. The performance bond 

shall be forfeited to the amount of damages. as determined by the 

Contracting Oflicer, if all contract provisions are not faithfully and 

fully performed by Purchaser. If the amount of damages exceeds the 

amount of the bond. Purchaser hereby agrees to pay the excess. Upon 

satisfactory performance of nil provisions of this contract. the bond 

shall be cancelled or. if cnsh or negotiable securities arc fu rnished in 

lieu of a performance bond. such cash or negotiable securities shall 

be returned to Purchaser. In event of litigation. any detern1ination by 

the Contracting OIIicer as to the amount of damages will be subject 

to review by n court of' competent jurisdiction. 

(d) If Purchaser elects to: (I) cut and remove wood products: (2) 

remove wood products already cut which have been secured by an 

increased performance bond as pro' ided in Sec. 39(b). be tore 

payment of the second installment or subsequent installments. 

Purchaser shall obtain a pa) mcnt bond in an amount equal to the 

second installment and one or more additional installments as 

determined by the Authorized Officer. The payment bond must be 

approved, in writing. by the Contracting Officer prior to cutting or 

removing any wood products under the bond. The amount of the 

bond shall be used to ensure payment for such wood products: 

PrrJI'ided. hou•e1'er. that such bond shall be considered as payment 

under Sec. 7, for the purpose of passing title and risk of loss to wood 

products sold. Wood products cut pursuant to this subsection shall be 

paid for as provided in Sec. 3(f). Upon payment, the amount of the 

bond may be applied to other wood products to permit its cutting 

nndlor removal in ndvancc of payment. If a bond of a corporate 

surety is used. it shall provide that if Purchaser fails to make payment 

as required by Sec. 3(f). the surety will make such payment including 

interest as specified in Sec. 30). to Government within sixty (60) 

duys afler demand by Government. 

(Form 5450-25. page 6) 
Sec. 40. Time for Removal of Personal Property- Purchase r shall 

have the right within ( ) month(s) after expiration of time 

for cuning and removal ro remove Purchaser's equipment, improvements, or 

other personal property from Government lands or rights-of-way; Pro>·ided. 

holl'£'l'er. that any improvements such as road surfac ing, culverts, and bridges 

which have become a permanent part of a Government road, shall not be 

removed. The Contracting Officer may, in said official's discretion, grant an 

extension of lime, not to exceed three (3) months for removal or personal 

property. Any impro1•emcnls remaining on Government lands and rights-ot: 

way at the end of the period for removal, or any extension, shall become 

the property of Government. Any equipment or other personal property 

remaining on Government land and rights-of-way ut the end of this period 

may be removed at the expense of Purchaser and disposed of in accordance 

with applicable law. 

Sec. 41. Wood Products Reserved from Cutting- The following wood products on this contract area a re he reby reserved from cutting and 

removal unde r the te rms of this contract and a re retained as the property of Government. 

Sec. 42. Special Provisions- Purchaser shall comply with the special provisions which arc allachcd he reto and made a part hen:of unlcss 

othe rwise authorized, in writing, by the Contrac ting Ollicer. 

(Form 5450-25, page 7) 
IN WITNESS WHEREOF. the parties hereto have executed this contract as of the day first above wrillcn. 

If Individual or Partnership, sign here: lf Corporntion. sign here: 

(Name of Firm) (Name of Corporation) 

(Signature) (Signature) 

(Address) (Title) 

UNITED STATES OF AMERICA 

(Signature) 

(Address) BY--------::-:------------ (S ignnturc) 

(Signature) (Title) 

(Address) (Dale) 

T1tlc 18 U.S.C. Section 1001, makes it o crime for any person knowingly and willfully to mnkc to any department or agency of the Un1tcd States any 1;1lsc. fictnious. or 

fraudulent stmements or representatiOns as to nny mancr within its jurisdiction 

(I/ P11rchaur ts a corporation. the folloll'mg cernficare ttttLft be e.ucured by rite Secretat)' or A.uistallf Secretary· of the Corpuranon) 

I,-------------------· certifY that I am the _____________ Sccrctary of the corporat1onnamed as Purchaser 

herem. that -------------------. "ho s1gned the contract was then of satd 

corporation. that said contract was duly Signed for and m behalf of said corporation by authority of its governmg body. and IS \\lthm the scope of its corporate JXl''crs 

Signature: __________________________ _ 

(Form 5450-25. page 8)