Bureau of Land Management (BLM) Updated Contract Clause for Utilization of Woody Biomass
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
September 5, 2007
In Reply Refer To:
5200 (270) P
EMS TRANSMISSION 09/18/2007
Instruction Memorandum No. 2007-183
Expires: 09/30/08
To: AD’s, SD’s and CD’s
From: Assistant Director, Renewable Resources and Planning
Subject: Bureau of Land Management (BLM) Updated Contract Clause for Utilization of Woody Biomass
Program Areas: Forests and Woodlands Management, Fuels Management, and Rangeland Management.
Purposes: This Instruction Memorandum (IM) updates IM 2005-160, which established comprehensive definitions for biomass and biomass utilization, established performance measures and guidelines for counting and tracking biomass accomplishments, and implemented the Department of the Interior (DOI) contract clause for biomass removal.
IM 2005-160 made reference to a Final Rule to be published in the Federal Register sometime in May 2005. Since the issuance of the IM, the Final Rule was published to allow Department of the Interior service contractors “to remove woody biomass generated as a result of land management service contracts whenever ecologically appropriate and in accordance with applicable lawsâ€ÂÂÂ, effective May 20, 2005. This IM updates IM 2005-160 to incorporate the Final Rule.
Policy/Action: This memo continues use of the definitions found in IM 2005-160 for biomass, woody biomass, non-woody biomass, biomass utilization, and woody biomass utilization where appropriate in all BLM documents. All current reporting of biomass utilized and biomass offered will continue in thousand-board-foot volumes (MBF) and/or green tons as defined in IM2005-160.
The final rule in the Federal Register revised the authority of 48 CFR Part 1452 by adding 1452.237-71, a new contract clause for removal and utilization of woody biomass. This new clause shall be inserted in all service contracts, unless woody biomass is reserved for ecological reasons. The Contracting Officer, working with the Responsible Official, may decide to include additional stipulations on removal methods, size limitations, or reserved areas to protect or conserve natural, cultural or man-made resources.
The new contract clause shall read as follows:
Utilization of Woody Biomass
1. The contractor may remove and utilize woody biomass, if:
(a) Project work is progressing as scheduled; and
(b) Removal is completed before contract expiration.
2. To execute this option, the contractor must submit a written request to the Government.
3. Following receipt of the written request, and if appropriate, the Government and the contractor will negotiate and execute a separate timber/vegetative sales contract. Payment under the timber/vegetative sales contract must be at a price equal to or greater than the appraised value of the woody biomass. The contractor must make any appropriate payment specified in the related timber/vegetative sales contract before removal may be authorized.
4. If required by law, regulation or Bureau policy, the Government will prepare a timber/vegetative sales notice and/or prospectus, including volume estimates, appraised value and any appropriate special provisions.
5. The contractor must treat any woody biomass not removed in accordance with the specifications in the service contract.
6. The sales contract and service contract are severable; default or termination under either contract does not remove the contractor from payment or performance obligations under the other contract.
7. Definitions:
Timber/vegetative sales contract and/or notice means the agency-specific authorized contract instrument for the sale, barter, exchange, billing or other compensation for the payment, removal, and/or transportation of woody biomass material.
Woody biomass means the trees and woody plants, including limbs, tops, needles, leaves, and other woody parts, grown in a forest, woodland, or rangeland environment, that are the by-products of management, restoration and/or hazardous fuel reduction treatment.
Background: In July 2005, BLM updated the Biomass Utilization Strategy to increase the use of biomass from BLM lands. The strategy set several goals to help focus efforts on biomass utilization. This IM continues implementation of the strategy.
A Department Memorandum was issued September 9, 2004 requiring each Bureau to develop contract mechanisms to implement the option for biomass removal in all timber sales and service contracts by October 1, 2004. The BLM issued IM 2005-160 with definitions and a contract clause. In June 2005 the Office of the Secretary, per guidance in the Final Rule, directed Bureaus to immediately include the option for biomass utilization provision in all service contracts expected to generate woody biomass unless reserved as ecologically inappropriate.
See 70 FR 29208-29211, May 20, 2005, 48 CFR 1437 and 1452 for the Final Rule and contract clause.
http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-10095.pdf
For definitions and more information, see IM 2005-160: http://www.blm.gov/nhp/efoia/wo/fy05/im2005-160.htm
Impact on Budget: Implementing the changes and contract clause has minimal budget implications.
Coordination: This IM was coordinated with the Office of Fire and Aviation (FA-600); Rangeland Resources (WO-220); and Forests and Woodlands Management (WO-270).
Contact: Additional information is available by contacting Gregg Nelson, BLM’s Biomass Coordinator, at 202-452-7754, or Erik Christiansen, Fuels Management Specialist, at 208-387-5165.
Signed by:
Authenticated by:
Dwight Fielder
Robert M. Williams
Acting, Deputy Assistant Director
Division of IRM Governance,WO-560
Renewable Resources and Planning