FS-2700-14a Prospectus for Leasing Administrative Sites

Prospectus for Leasing Administrative Sites
Use Code [code]

FS-2700-14a (XX/202X)
OMB 0596-0082

Prospectus for Leasing Administrative Sites
[name]
U.S. DEPARTMENT OF AGRICULTURE
Forest Service

[month and year prospectus is issued]

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Prospectus for Leasing Administrative Sites
Table of Contents
Offering
A. Introduction
B. Description of the Leasing Opportunity
C. Site Description and Utilization
D. Government-Furnished Property
E. Utilities and Waste Management
F. Disclosures

II.

Applicable Legal Requirements and Forest Service Policies
A. Statutory Authority
B. Statutory, Regulatory, and Policy Requirements
C. Prohibitions
D. Applicable Forest Orders
E. Accessibility
F. Area Closures
G. Other Requirements

III.

The Lease
A. General Terms
B. Rent
C. Forest Service Employee Housing
D. Bonding and Insurance Requirements

V.

Applications
A. Instructions for Submitting Applications
B. General Terms and Qualifications
C. Evaluation of Applications
Post-Selection Requirements

A. Forest Service Requirements
B. Lessee Requirements

Appendices
Appendix A: Vicinity and Area Maps
Appendix B: Site Map
Appendix C: Inventory of Government-Furnished Facilities and Improvements
Appendix D: Applicable Forest Orders
Appendix E: Lease
Appendix F: Proposed Operating Plan Outline
Appendix G: Proposed Business Plan Outline
Appendix H: FS-6500-24, Financial Statement
Appendix I: FS-6500-25, Request for Verification

Appendix J: Proposed Site Development Plan
Appendix K: Proposed Site Development Schedule

Appendix L: FS-2700-452, In-Kind Consideration Agreement
Appendix M: FS-2700-453, Claim for In-Kind Consideration Costs

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VI.

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IV.

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I.

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Prospectus for an Administrative Site Lease

I. Offering

A. Introduction
This prospectus offers the selected applicant the right to use and occupy the [name] administrative site
(administrative site) under the standard administrative site lease (the lease; see Appendix E) in the
[name] National Forest (see Appendix A, Vicinity and Area Maps). This prospectus is being issued
because the Forest Service has determined that competitive interest exists in leasing the administrative
site.

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The lease and a sample operating plan outline (Appendix F) are attached to this prospectus and should
be reviewed before an application is submitted. The standard terms and conditions of the lease are not
negotiable and may not be modified or deleted. If there is a conflict between this prospectus and the
terms of the lease, the terms of the lease will govern.
Cost recovery fees to recover the Forest Service’s costs in preparing the prospectus and reviewing
applications submitted in response to the prospectus are addressed in Section IV.B.

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In addition to rent (Section III.A), the selected applicant may have to pay monitoring fees to recover the
Forest Service’s costs in monitoring compliance with the lease (see 36 CFR 251.58(d)).
The authorized officer for the lease is [name], [title], [address].
B. Description of the Leasing Opportunity

C. Site Description and Utilization

D

The administrative site is located at [legal description of the property], for a term of [up to 30] years for an
annual rent of $[amount] as presently configured and described below:
[Describe all legal access routes to the property. Include road ownership status (Forest Service, state,
county, private with easement), surface, weather-related or other safety concerns, and any seasonal
restrictions on property access.]
[Describe how the site has been used in the past and any special or desireable property features.]
[Describe all site-specific restrictions, topographical limitations, contamination, and other constraints on
property utilization, such as a limitation on available square footage due to colocation with Forest Service
staff or other activities.]
[Describe each structure that is being offered with the lease. Tally total available square footage, number
and type of rooms, and all basic features such as number of entrances, accessibility, available parking,
and installed technological systems.]

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[If development is contemplated at the administrative site, consider zoning, density, liability, maximizing
employee housing and affordability, and ownership issues associated with condominium developments.]
[To maximize marketability of the administrative site, consider factors such as:
The adequacy of parking; office space, including the availability of high-speed internet and
cellular service; ceiling height (for a warehouse or storage facility); and access (ability for trucks
to unload at a warehouse or storage facility);

•

Whether utilities are included or excluded from the rent, whether they are separately metered,
and if not, whether there is a way to determine tenants’ pro-rata share;

•

Whether the cost of maintenance for improvements, parking areas, and landscaping; snow
removal; and other types of maintenance is included or excluded from the rent, and if the cost is
excluded, the Forest Service’s and lessee’s proposed pro rata shares;

•

If only a portion of an administrative site is leased, whether there are security issues between the
Forest Service’s space and the leased space that need to be addressed; and

•

For undeveloped land, at a minimum, the optimum size and shape of lots; the location and
available capacity for water, sewer, electrical, natural gas, high-speed internet, and cellular
services and storm drainage systems; existing access agreements, licenses, or easements; and
local, county, and state requirements for improving proposed access routes, including interior
street design requirements, storm systems, and roads built on site.]

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[Provide additional information relevant to applicants, such as visitation data or planned government
improvements.]

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Characteristics of the Administrative Site and Its Facilities and Improvements
Site Name
Lease Acreage
Site Elevation
Operating Season
Facility Size
Floors

Smokey Administrative Site
40 acres
5500 feet
May 15–October 31
4500 sq. ft. (3900 useable sq. ft.)
3

Offices

12 offices (200 sq. ft. avg.)

Other

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Parking
ADA accessibility
Technology Systems
Electricity
Communication
Water
Sewer
Trash Bins
Miscellaneous

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Bathrooms

One per floor; main floor also contains a
shower facility
2 conference rooms and one common
area kitchen
Lighted; 5 reserved spaces; 20 open
Full (ramps and elevators)
VOIP conference system
PG&E
Landline and broadband (40 mbps)
XYZ water system
On-site (septic)
4 external dumpsters
Adjacent picnic area on site

D. Government-Furnished Property

Appendix C includes an inventory of government-furnished facilities and improvements at the
administrative site.

In addition to the facilities and improvements listed in Appendix C, the following government-furnished
property and equipment will be offered at the administrative site:

Furniture
Server equipment and modems
Telephone equipment
Utility infrastructure, such as communications equipment, water and septic systems, and heating,
ventilation, and air conditioning
Storage facilities

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E. Utilities and Waste Management

Electrical
[Specify the name of the electrical utility, the electrical capacity, the average annual opperating cost of
electricity, if known, and whether this service will be paid for by the Forest Service or the lessee.]
Telephone
[Specify the name of the curent service provider and any alternate service providers, list all telephone
equipment installed on site, and whether this service will be paid for by the Forest Service or the lessee.]
Broadband

Climate Control (Heating and A/C)

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[Specify the name of the curent service provider and any alternate service providers, list all server
equipment installed on site, and whether this service will be paid for by the Forest Service or the lessee.]

Water

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[Describe the equipment installed on site, its fuel type, any aplicable providers, and whether this service
will be paid for by the Forest Service or the lessee.]

[Describe the equipment installed on site, its storage capacities, any applicable providers, any water
rights restrictions or requirements, and whether this service will be paid for by the Forest Service or the
lessee.]
Garbage

[Specify the name of the curent service provider, if applicable, list all refuse-related equipment installed
on site, and whether this service will be paid for by the Forest Service or the lessee.]
Liquid and Solid Waste Disposal

[Specify the name of the curent service provider, if applicable, list all sanitation equipment installed on
site, and whether this service will be paid for by the Forest Service or the lessee.]

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F. Disclosures

Lead-Based Paint

Pursuant to a lead paint risk assessment, the Forest Service has determined that lead-based paint is
present in the proposed lease area at the following locations, concentrations, and quantities and in the
following condition:
Location

Concentration

Quantity

Condition

[insert as applicable]
Notwithstanding any provision of law relating to the mitigation or abatement of lead-based paint, the
Forest Service is not required to mitigate or abate lead-based paint in the proposed lease area before
issuance of a lease. Future construction in the lease area may trigger regulations issued by the United
States Department of Housing and Urban Development at 24 CFR Part 35, by the United States

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Department of Environmental Protection Agency at 40 CFR Part 261, and by the Occupational Safety and
Health Administration at 29 CFR 1926.62.
Building Materials Containing Asbestos
Pursuant to an asbestos survey, the Forest Service has determined that the following types of building
materials containing asbestos are present in the proposed lease area at the following locations and
quantities and in the following condition:
Type

Quantity

Location

Condition

[insert as applicable]
Notwithstanding any provision of law relating to the mitigation or abatement of building materials
containing asbestos, the Forest Service is not required to mitigate or abate building materials containing
asbestos in the proposed lease area before issuance of a lease. Future construction in the lease area,
including renovation or demolition, may trigger EPA regulations at 40 CFR 61.145 and OSHA regulations
at 29 CFR 1926.1101.

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Additional Disclosures

[Describe any additional issues that may require disclosure, such as hazmat contamination.]

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II. Applicable Legal Requirements and Forest Service Policies
A. Statutory Authority

The lease for this offering will be issued under FSFREA and will be subject to its provisions.

The lease for this offering will be issued under section 8623 of the Farm Bill and will be subject to its
provisions.
B. Statutory, Regulatory, and Policy Requirements

D

Resource Concerns

Wildlife Mitigation

Endangered Species

Archaeological Resources

Environmental Site Assessments

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The selected applicant will be required to submit for written approval by the Forest Service an initial
environmental site assessment (SA) prior to use and occupancy under the lease and a follow-up SA prior
to termination or upon revocation of the lease. If the initial SA shows that a hazardous substance release
is present in the lease area, and cleanup or other remedial action is required to accommodate the
lessee’s intended use, then the lessee shall be responsible for any cleanup or other remedial action that
the Forest Service determines to be required in the lease area based on the initial SA. The level of
cleanup or other remedial action shall be commensurate with the lessee’s intended use and occupancy of
the lease area and shall be completed before the lessee’s use and occupancy commence. More
information on these requirements is contained in the lease (Appendix E).
C. Applicable Forest Orders
Forest orders may be issued to address a variety of management concerns. Forest orders that apply to
the administrative site are identified in Appendix D. Additional applicable forest orders may be issued in
the future.
D. Accessibility

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The Architectural Barriers Act of 1968 and Section 504 of the Rehabilitation Act of 1973 require new or
altered facilities to be accessible, with few exceptions. In 2004, the Architectural and Transportation
Barriers Compliance Board (Access Board) issued revised accessibility guidelines for buildings and
facilities subject to the Architectural Barriers Act and the Americans with Disabilities Act. These new
guidelines are called the Americans with Disabilities Act/Architectural Barriers Act Accessibility
Guidelines.
Any construction or Government maintenance, repair, improvement, restoration, or reconstruction
(Appendix E, clause VI.A) conducted at the administrative site must meet the Americans with Disabilities
Act/Architectural Barriers Act Accessibility Guidelines, where applicable.
The Americans with Disabilities Act/Architectural Barriers Act Accessibility Guidelines are posted on the
Forest Service’s website at: http://www.fs.fed.us/recreation/programs/accessibility. Questions regarding
the Americans with Disabilities Act/Architectural Barriers Act Accessibility Guidelines may be referred to
the Access Board at www.access-board.gov.
E. Area Closures

D

Per 36 CFR 251.55(b)(1) and (b)(2), the Forest Service reserves the right to close all or a portion of any
National Forest System lands and National Forest System roads and National Forest System trails
covered by this prospectus for repair; construction; floods, snow, extreme fire danger, or other natural
events; wildlife protection; or risks to public health and safety. The Forest Service will not be liable to the
lessee for lost revenue, operating costs, or any other losses resulting from these closures.

F. Other Requirements

The following additional requirements apply to the offering. All applications must be consistent with these
requirements:

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III. The Lease
In exercising the rights and privileges granted by the lease, the lessee must comply with all present and
future federal laws and regulations and all present and future state, county, and municipal laws,
regulations, and other legal requirements that apply to the lease area, to the extent they do not conflict
with federal law, regulation, or policy. The Forest Service assumes no responsibility for enforcing laws,
regulations, and other legal requirements that fall under the jurisdiction of other governmental entities.
See Appendix E for all the terms and conditions of the lease. Terms and conditions that may affect
applications submitted in response to the prospectus are discussed below.
A. General Terms
Proposed Uses
[Describe all acceptable uses, and highlight any uses desirable to the Forest Service.]
Term

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Assignability

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The term of the lease is [nunmber of years up to 30] years. Upon revocation or termination of the lease, if
the Forest Service determines that competitive interest exists in the administrative site, issuance of a new
lease will be subject to a competitive offering. If the Forest Service determines that no competitive
interest exists, upon termination of the lease, a new lease may be issued to the lessee.

The lease is fully assignable, provided that the lessee is in full compliance with the terms and conditions
of the lease and that the assignment has prior written approval from the Forest Service. For more
information on assignability, see Appendix E.
Subleasing

The lessee may sublease the facilities and improvements at the administrative site with prior written
approval from the Forest Service. The Forest Service reserves the right to disapprove subleases. For
more information on subleasing, see Appendix E.
B. Rent

D

The lessee is required by law to pay market value rent for the lease. The market value rent for the lease
is $[amount], which is based on the market value of the existing facilities and improvements at the
administrative site. Applicants may offer rent above market value to enhance the competitiveness of their
application.
The rent for the lease will be increased based on the market value of any new facilities or improvements
to be constructed at the administrative site and the market value of any existing facilities or improvements
at the administrative site that will be subject to Government maintenance, repair, improvement,
restoration, or reconstruction. The market value of any construction of new facilities and improvements or
any Government maintenance, repair, improvement, restoration, or reconstruction of facilities or
improvements at the administrative site shall be determined based on the application granted by the
Forest Service for that work.
Upon expiration of the lease and before issuance of a new lease for the administrative site, the Forest
Service will determine the market value rent for the new lease based on any additional construction or
Government maintenance, repair, improvement, restoration, or reconstruction of facilities and
improvements.
Government maintenance, repair, improvement, restoration, or reconstruction is defined as maintenance,
repair, improvement, restoration, or reconstruction that arrests deterioration, improves and upgrades
facilities, and appreciably prolongs the life of the property, including but not limited to installing a new roof,
new floor, or new siding; rebuilding boilers; replacing pipes, pumps, and motors; repairing or maintaining
the paths, lands, walks, walls, or landscaping adjacent to federally owned structures; paving interior
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roads, sidewalks, curbs and gutters, storm drain systems, upgrading facilities, and installing utilities; and
performing exterior painting and refinishing (other than repair of unsightly visual marks caused by
everyday use) and that is performed at the sole discretion of the authorized officer. See Appendix E,
clause VI.A.

In-Kind Consideration
The lessee may pay rent entirely in cash, entirely in kind, or a combination of both.
Forest Service Objectives for Use of In-Kind Consideration. [Explain any objectives the unit would like to
achieve using in-kind consideration, such as housing for Forest Service employees.]
All the following requirements apply to payment of rent using in-kind consideration.

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Eligible Types of In-Kind Consideration. In-kind consideration may be paid based on the market value of
only the following types of work:
Construction of new facilities or improvements at the administrative site;

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Government maintenance, repair, improvement, or restoration of facilities or improvements at the
administrative site (see Appendix E, clause VI.A); and

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Services relating to activities that occur at the administrative site.

Any cleanup or other remedial action performed by the lessee pursuant to an initial environmental site
assessment (Section II.B) may be considered as in-kind consideration in the form of a service relating to
activities that occur at the administrative site.
Market Value of In-Kind Consideration. The Forest Service will determine the market value of any in-kind
consideration to be paid as rent.
Documentation. In-kind consideration must be documented in advance using the standard in-kind
consideration agreement.
Davis-Bacon Act Requirements

Improvement of Federally Owned Facilities and Improvements. Improvement of federally owned
facilities or improvements at the administrative site performed as in-kind consideration under an
in-kind consideration agreement is subject to the Davis-Bacon Act, 40 U.S.C. 3141 et seq., and
29 CFR 5.5 when:

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The total estimated cost of the improvement work to be performed as in-kind consideration
under the in-kind consideration agreement exceeds $2,000; and

o

The lessee is a private entity or a state or governmental entity that is subcontracting with a
private entity for the work.

Construction of New Facilities or Improvements. Construction of new facilities or improvements
at the administrative site performed as in-kind consideration under an in-kind consideration
agreement is subject to the Davis-Bacon Act, 40 U.S.C. 3141 et seq., and its implementing
regulations at 29 CFR 5.5 when:
o

The total estimated cost of the construction work to be performed as in-kind consideration
under this agreement exceeds $2,000;

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o

The United States holds title to the improvements or the lessee will be transferring title to the
United States to the new facilities or improvements immediately upon completion; and

o

The lessee is a private entity or a state or governmental entity that is subcontracting with a
private entity for the work.

Acceptance. Before acceptance of any in-kind consideration:
•

The Forest Service will determine that the work or service was satisfactorily performed by the
lessee;

•

The cost of the in-kind consideration must be documented; and

•

The costs of the in-kind consideration must be certified by the lessee using the standard form for
that purpose.

Limit on Annual In-Kind Consideration. Annual in-kind consideration for an administrative site may not
exceed the amount of annual market value rent for the site.

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Consolidation of Rental Payments. The Forest Service may consolidate payment of rent for multiple
years to increase the value of in-kind consideration that may be provided for large-scale projects.

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Forest Service Performance of In-Kind Consideration. The Forest Service may perform work approved as
in-kind consideration that is funded by the lessee under a collection agreement executed by the lessee
and the Forest Service under section 5 of the Granger-Thye act, 16 U.S.C. 572, and the lease. The
Forest Service must document the cost of work performed by the agency as in-kind consideration under a
collection agreement.
Reconciliation of Annual Rent Against Costs of In-Kind Consideration. At the end of each year of
operations, the Forest Service will reconcile the annual rent against approved costs of in-kind
consideration. The lessee will be required to pay any additional rent owed for the past year’s operations
within 30 days of billing. Any overpayment of annual rent shall be reimbursed by the Forest Service.
Reauthorization of the Use and Occupancy. If the use and occupancy of the administrative site will be
reauthorized, before or upon revocation or termination of the lease, the Forest Service must ensure that
the lessee transfer title to any new facilities or improvements constructed by the lessee as in-kind
consideration to the United States in compliance with United States Department of Justice title standards.

D

Discontinuation of the Use and Occupancy. If the use and occupancy of the administrative site will not be
reauthorized, upon revocation or termination of the lease, the Forest Service may require the lessee to
transfer title to any or all new facilities or improvements constructed by the lessee as in-kind consideration
to the United States in compliance with United States Department of Justice title standards, or may
require the lessee to remove any or all authorized facilities and improvements and restore the site to the
satisfaction of the Forest Service.

C. Forest Service Employee Housing
The Forest Service may reserve space for Forest Service employee housing in constructed,
reconstructed, or improved facilities or improvements at the administrative site. The Forest Service will
decrease the rent charged for these facilities or improvements proportionate to the space reserved for
Forest Service employee housing.

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C. Forest Service Employee Housing
Existing Facilities or Improvements. The Forest Service may reserve space for Forest Service employee
housing in existing facilities or improvements that are improved or restored as in-kind consideration. The
Forest Service will decrease the rent charged for the facilities or improvements proportionate to the space
reserved for Forest Service employee housing.
New Facilities or Improvements
Lessee Retains Title Upon Completion. If the lessee retains title to new facilities or improvements
upon completion and offers space in the new facilities or improvements for Forest Service
employee housing at a discount or free of charge, there are two types of in-kind consideration:
(1) the value of construction costs, including the costs of removing any existing facilities or
improvements at the administrative site so that the new facilities or improvements can be
constructed; and (2) the value of the discounted or free use of space for Forest Service employee
housing, which is a service relating to activities that occur at an administrative site. If the use and
occupancy of the administrative site will be reauthorized, before or upon revocation or termination
of the lease, the lessee must transfer title to the new facilities or improvements to the United
States. The Forest Service may provide for reservation of space for Forest Service employee
housing in subsequent leases for the administrative site. Under the subsequent leases, the
Forest Service will decrease the rent charged for the facilities or improvements proportionate to
the space reserved for Forest Service employee housing.

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Lessee Transfers Title Upon Completion. If the lessee transfers to the United States title to new
facilities or improvements upon completion and offers space in the new facilities or improvements
for Forest Service employee housing, there is only one type of in-kind consideration: the value of
construction costs, including the costs of removing any existing facilities or improvements at the
administrative site so that the new facilities or improvements can be constructed. Since the
lessee does not have title to the new facilities or improvements, the lessee cannot charge rent for
them and therefore cannot offer space in them for Forest Service employee housing at a discount
or free of charge as a form of in-kind consideration. The Forest Service will decrease the rent
charged for the facilities or improvements proportionate to the space reserved for Forest Service
employee housing.

D. Bonding and Insurance Requirements

D

Liability Insurance

The selected applicant must provide proof of liability insurance covering losses associated with the use
and occupancy authorized by the lease arising from personal injury or death and third-party property
damage in the minimum amount of $[amount] as a combined single limit per occurrence. Insurance
policies must name the United States as an additional insured.
Property Insurance

The selected applicant must provide proof of property insurance covering the facilities and improvements
at the administrative site in the minimum amount of $[amount]. The types of loss that must be covered by
the property insurance include but are not limited to damage to the facilities and improvements at the
administrative site.
Performance Bond
As a guarantee of compliance with the terms and conditions of the lease, the selected applicant must
deliver and maintain a surety bond or other acceptable security, such as cash deposited and maintained
in a federal depository or negotiable securities of the United States, in the amount of $[amount] for
[obligations and term covered].

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Construction Bond
The selected applicant must furnish a surety bond or other security for any construction or improvement
authorized by the lease at a minimum to cover restoration of the administrative site upon completion of
the work.
IV. Applications
A. Instructions for Submitting Applications
The information in this prospectus is from generally reliable sources, but no warranty is made as to its
accuracy. Each applicant is expected to make an independent assessment of the business opportunity
offered in this prospectus. Applicants are strongly encouraged to visit the administrative site at least once
before submitting an application (see Appendices A and B, vicinity and area maps and site maps).

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Applicants should ensure that all required information be submitted and that the application cover letter is
signed. Missing or incomplete information will result in a lower rating for the corresponding evaluation
criteria, and unsigned applications will not be considered.
All applications must be submitted by mail to [name], [address] or by e-mail to [email address].
Applications must be received by 4:30 p.m. on [date the application period closes]. At a minimum, all
applications must include:

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A signed cover letter containing:
The applicant’s name.

The applicant’s business address.

The applicant’s telephone numbers (landline and cellular) and e-mail address.
The applicant’s tax identification number.

A brief explanation of the applicant’s line of business.

A brief description of the applicant’s proposed uses of the administrative site.

A brief description of the applicant’s business plan for leasing the administrative site.

D

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The proposed rent[, including in-kind consideration].

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The name, address, telephone number, and e-mail address for at least three business
references. The Forest Service may also consider past performance information from other
sources.

The following supporting documents:
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A proposed operating plan using the template in Appendix F that addresses all the requirements
in the prospectus. [Describe any requirements for the operating plan, e.g., requirements
regarding housing for Forest Service employees.] Applicants must specify whether another party
will assist with any of the operational aspects of the administrative site, and if so, must include the
other party’s name, address, telephone number, e-mail address, and relevant experience. The
selected applicant’s proposed operating plan will be attached to and become a part of the lease.

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A proposed business plan using the template in Appendix G. Applicants are encouraged to
contact their local small business development center if they need assistance in completing their
business plan. Alternatively, applicants who have already received a review of their business
plan from a small business development center or the Forest Service for the current fiscal year
may submit a copy of the review report.

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A proposed site development plan using the template in Appendix J, if applicable.

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A proposed site development schedule using the template in Appendix K, if applicable.

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A detailed description of the applicant’s business experience that specifically relates to utilization
of the administrative site as contemplated in this offering and the application.

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The following financial documentation, which must conform to generally accepted accounting
principles or other comprehensive bases of accounting. Any previously prepared financial
documents that are submitted must be unredacted and in their original form, including footnotes.
Financial statements. Applicants must submit a complete set of all financial statements for
the last three fiscal years that have been audited, reviewed, or compiled by a certified public
accountant (CPA).

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Form FS-6500-24. For any financial statements for the last three fiscal years that were only
compiled by a CPA, applicants must complete form FS-6500-24, Financial Statement
(Appendix H), for certification of the accuracy of the financial statements. Applicants must
also complete form FS-6500-24 for any of the last three fiscal years they were in business for
which a financial statement was not audited, reviewed, or compiled by a CPA. In completing
form FS-6500-24, limited liability companies must list the name of the company in block 1, the
names and interests of the principals in block 5, and their members in block 6. In addition,
limited liability companies must complete the certification in part (D)(1) of form FS-6500-24.

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Financial ability determination (FAD). Applicants who have had a FAD conducted by the
Forest Service within the past year should include a statement to that effect along with the
forest name, contact name, and contact telephone number. Additionally, applicants must
identify any pending Forest Service special use applications or special use authorizations
obtained from the Forest Service since the FAD was completed.

o

Applicants who have not been in business for the last three fiscal years. Applicants who
have not been in business for the last three fiscal years and therefore cannot submit audited,
reviewed, or compiled financial statements or form FS-6500-24 must submit three fiscal years
of projected financial statements compiled by a CPA using the forecast method. If selected,
these applicants may be required to provide additional financial assurance to the Forest
Service.

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•

o

Percentage of first year’s operating costs in liquid assets. Applicants must show at least 25
percent of the first year’s operating costs in liquid assets. Liquid assets are assets that are
readily convertible into cash.

o

Form FS-6500-25. Applicants must complete blocks 1 through 5 of form
FS-6500-25, Request for Verification (Appendix I) and must submit the signed and dated
form with their application. The Forest Service will forward form FS-6500-25 for the selected
applicant to the Albuquerque Service Center for processing. The auditor assigned to conduct
the FAD will send a copy to each financial institution with which the selected applicant does
business. The financial institutions must complete blocks 6 through 15 of the form and must
mail the completed form to USDA Forest Service, Albuquerque Service Center.

A statement as to whether the applicant or any members of the applicant’s organization are or
ever have been suspended, debarred, or otherwise deemed ineligible for award of contracts by
the federal government, and if so, a detailed description of the suspension, debarment, or other
ineligibility.

For corporations, the following documents:
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Evidence of incorporation and good standing.

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If reasonably obtainable, the name and address of each shareholder owning 3 percent or more of
the corporation’s shares and the number and percentage of any class of voting shares that each
shareholder is authorized to vote.

•

The name and address of each affiliate of the corporation.

•

If an affiliate is controlled by the corporation, the number of shares and the percentage of any
class of voting stock of the affiliate owned, directly or indirectly, by the corporation.

•

If an affiliate controls the corporation, the number of shares and the percentage of any class of
voting stock of the corporation owned, directly or indirectly, by the affiliate.

For partnerships, limited liability companies, associations, or other unincorporated entities, the
following documents:
A certified copy of the partnership agreement or other documentation establishing the entity; or

•

A certificate of good standing under the laws of the state where the entity is located.

Application Processing Fee

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Applications submitted in response to this prospectus are subject to cost recovery pursuant to
36 CFR 251.58(b)(1), (c)(1), and (c)(3)(iii). Applicants must submit a processing fee of $[amount] to cover
the cost of the prospectus and review of their application. Payments due the United States for this
application must be paid in the form of a bank draft, money order, or cashier’s check payable to the
USDA-Forest Service and sent to [name], [address]. Payments will be credited on the date received by
the designated Forest Service collection officer or deposit location. Applications for which a processing
fee has not been received by the date the application period closes will not be considered.
Additionally, the selected applicant will be responsible for the costs of preparing and issuing the lease and
conducting a financial ability determination, unless the Forest Service has conducted a FAD for the
applicant within the past year. If a FAD has been completed for the applicant within the last 12 months,
the applicant will be responsible for the cost of adjusting it to reflect any change this selection will have on
the applicant’s financial ability.
B. General Terms and Qualifications

D

All applicants have an equal opportunity to apply. Except for members of Congress, Resident
Commissioners, and current Forest Service employees, any individual or entity may apply.
The Forest Service does not guarantee a profitable operation. Rather, applicants are responsible for
reviewing the prospectus and making their own determination concerning business viability.
Any oral statement made by a representative of the Forest Service shall not modify the requirements of
this prospectus. If it is determined that an error or omission has been made or additional information is
required, a written amendment will be sent to each person or entity receiving a copy of this prospectus.
If there is a conflict between the terms of the prospectus and the lease, the terms of the lease will control.
If the decision to select a lessee for this offering is appealed, a lease will not be issued until the appeal
has been resolved.
C. Evaluation of Applications
Consistent with agency practice and to ensure objectivity and impartiality, the members of the evaluation
panel for this prospectus have no connection to the administrative site, the [name] National Forest, or the
[name] Region of the Forest Service. The evaluation panel will evaluate each application using a

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qualitative method; therefore, the quality of the way the applications address the evaluation criteria and
their component parts is critical.
Evaluation Criteria
•

Proposed annual operating plan.

•

Proposed site development plan and proposed site development schedule, if applicable.

•

Financial resources.

•

Business plan, relevant business experience, and references.

•

Proposed rent[, including in-kind consideration].

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The evaluation panel will consider only the applicant’s written application package and any past
performance information obtained by the Forest Service. During the evaluation process, the evaluation
panel may contact any references, including all federal, state, and local entities that have had a business
relationship with the applicant. The evaluation panel also may consider past performance information
from other sources.
The evaluation panel will make a recommendation to the authorized officer as to which applicant to
select. The authorized officer will make the selection decision.
The Forest Service will select the application that offers the best value to the Government. The Forest
Service reserves the right to make the selection based on a trade-off between rent and technical merit.
The Forest Service is not obligated to select the application with the highest rent.
The Forest Service reserves the right to reject any and all applications.

The Forest Service reserves the right to rescind the prospectus at any time before a lease is issued. If
the Forest Service rescinds the prospectus, processing fees will be returned.
The Forest Service reserves the right to make the selection decision based solely on the initial
application, without oral or written discussions.

D

All applicants will be notified of the selection decision via certified mail.

The Forest Service will conduct a FAD on the selected applicant as a prerequisite to issuing the lease,
unless the agency has a current fiscal year financial ability determination conducted by the Albuquerque
Service Center or Small Business Development Center for the applicant.

V. Post-Selection Requirements
A. Forest Service Requirements
The authorized officer will make the selection decision within [number] days from the date the application
period closes. All applicants will be notified of the selection decision via certified mail.
B. Lessee Requirements
The following must be submitted within 30 days of the date of the selection letter. Otherwise, the
applicant who receives the next-highest rating may be selected, subject to the same requirements:
•

Required deposits and advance payments.

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•

Documentation of required liability insurance.

•

Documentation of required property insurance.

•

Documentation of bonding.

•

Documentation that utility services have been obtained in the name of the selected applicant, if
applicable.

•

A state business license and any other required federal, state, or local certifications or licenses.

The following must be completed before the lease may be signed:
The final operating plan must be approved by the Forest Service.

•

The site development plan, if applicable, must be approved by the Forest Service.

•

An in-kind consideration agreement must be signed by the Forest Service, if applicable.

•

A FAD must be completed in accordance with FSH 6509.18, Financial Analysis Handbook, and
FSM 1440.6, External Accounting and Review.

For more information on this prospectus contact:

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[name]
[title]
Telephone number: (XXX) XXX-XXXX
E-mail address: [XXXX@usda.gov]

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PAPERWORK REDUCTION ACT STATEMENT

D

According to the Paperwork Reduction Act of 1995, a Federal agency may not conduct or sponsor, and a person is not required to respond to, an
information collection request unless it displays a valid Office of Management and Budget (OMB) control number. The valid OMB control
number for this information collection request is 0596-0082. Response to this information collection request is required to obtain or retain
benefits, specifically, a special use authorization. The authority for this information collection request is the Forest Service Facility Realignment
and Enhancement Act of 2005, Title 5, the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006, Pub. L. No.
109-54, 119 Stat. 499, 561, 16 U.S.C. 580d note, as amended. The time required to complete this information collection request is estimated to
average 10 hours per response, including the time for reviewing instructions, searching existing data sources, collecting and maintaining the
data needed, and completing and reviewing the information collection request. Send comments regarding this burden estimate or any other
aspect of this information collection request, including suggestions for reducing the burden, to Forest Service Information Collections Officer,
SM.FS.InfoCollect@usda.gov, with OMB control number 0596-0082 in the subject line.
PRIVACY ACT STATEMENT

Pursuant to 5 U.S.C. § 552a(e)(3), this Privacy Act statement serves to inform you of the following concerning the collection of the information
on this form.
Purpose: The Privacy Act of 1974 requires that the Director of Recreation, Heritage, and Volunteer Resources staff and the Director of Lands,
Minerals, and Geology Management staff provide the following statements to individuals from whom they request information.
Authority: Collection of this information solicited on this form is authorized by the Forest Service Facility Realignment and Enhancement Act
of 2005, Title 5, the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006, Pub. L. No. 109-54, 119 Stat. 499,
561, 16 U.S.C. 580d note, as amended.
Routine Uses: The information collected will be used by Forest Service officials to ensure that your use of National Forest System lands is
administered in accordance with applicable statutes, regulations, and directives. The information collected from you is retained in the Special
Uses Data System (SUDS) and is retrieved by the Forest Service create reports for the Agency’s Special Uses Program, generate bills for
collection of land use fees for your authorization, monitor compliance with your special use authorization, and other matters pertaining to
administration of your special use authorization. SUDS is a component of the Forest Service’s Natural Resources Manager database (NRM). A
complete list of the routine uses of NRM can be found in the system of records notice associated with this form, FS-24.
Disclosure: The submission of this information is required to obtain or retain benefits, specifically, a special use authorization.
NONDISCRIMINATION STATEMENT
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its
agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on

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Prospectus for an Administrative Site Lease
race, color, national origin, religion, sex, disability, age, marital status, family/parental status, income derived from a public assistance program,
political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases
apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American
Sign Language, etc.) should contact the State or local Agency that administers the program or contact USDA through the Telecommunications
Relay Service at 711 (voice and TTY). Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to
File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all the
information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit the completed form or letter to USDA
by (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington,
D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.

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USDA is an equal opportunity provider, employer, and lender.

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Appendix A: Vicinity and Area Maps

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Appendix B: Site Map

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Appendix C: Inventory of Government-Furnished
Facilities and Improvements

Quantity

Estimated Replacement Value

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Property Type

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Appendix D: Applicable Forest Orders

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Appendix E: Lease

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Appendix F: Proposed Operating Plan Outline
At a minimum, the following topics must be addressed in the proposed operating plan:
I.

Introduction
a. Site name and location
b. Executive summary of planned operations
c. Detailed description of planned operations

II. Site Plans
a.
b.
c.
d.
e.

Proposed site configuration, including ingress and egress
Construction plan overview, if applicable
Pre-operational transition plan
Proposed services and fees
Feasibility study results, if applicable

Operating season
Operating days and hours
Holiday schedule and other planned closures
Staffing and management plan
Designated agent for purposes of administration of the lease by the Forest Service
Advertising and public engagement plan
Facility maintenance plan
Sanitary logistics plan
Security plan
Safety hazard mitigation plan
Facility condition inspection plan and cycle
Cycle for review of operations

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a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.

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III. Sustained Operations

IV. Emergency Response Procedures
a.
b.
c.
d.
e.

Emergency communications plan
Imminent danger response plan
Evacuation plan
Hazmat response plan
Incident reporting plan

D

V. Termination of Operations

a. Emergency or unplanned shutdown procedures
b. Planned shutdown procedures
c. Site restoration plan

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Appendix G: Proposed Business Plan Outline
At a minimum, the following topics must be addressed in the proposed business plan:
I.

Introduction
a.
b.
c.
d.

Company description and mission statement
Current and planned corporate structure
Industry description, including current and planned lines of business
Description of corporate customers and market data

II. Organizational Management
a.
b.
c.
d.

Detailed description of current corporate revenue streams
Sales and marketing plan for the administrative site
Key staff positions and organizational structure
Narrative of current corporate assets and liabilities

Relationship of the leasing opportunity to the larger corporate plan
Analysis of targeted markets and customers
Cost structure and revenue stream
Staffing, management, and organizational structure
Key activities, partnerships, funding, and other resources
Assumptions and dependencies

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a.
b.
c.
d.
e.
f.

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III. Leasing Opportunity

IV. Site-Specific Five-Year Financial Outlook (quarterly projections)
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.

Projected startup costs
Projected revenue
Projected operating income
Projected non-operating income
Projected operating expenses
Projected taxes, fees, and other expenses
Projected short-term liabilities
Projected long-term liabilities
Projected intangibles
Planned amortization and depreciation schedules
Proposed owner investments and equity

D

V. Appendix (as relevant to the leasing opportunity)
a.
b.
c.
d.
e.
f.
g.

Articles of incorporation
Credit histories
Product pictures
Letters of reference
Required licenses or permits
Contacts
Patents, trademarks, or other intellectual property

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Appendix H: FS-6500-24, Financial Statement

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Appendix I: FS-6500-25, Request for Verification

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Appendix J: Proposed Site Development Plan
Instructions
The proposed site development plan should depict the logical and progressive construction,
improvement, or replacement of facilities and improvements needed for effective utilization of the
administrative site. Physical conditions, opportunities, needs, zoning, and management objectives should
shape the proposed site development plan to the extent they are known.
Below is a list of recommended format and content which should be included in the proposed site
development plan to the extent data are available.
Recommended Graphical Data (use of multiple overlays is recommended)
Reasonable approximation of site boundary locations.
Existing or conceptual site zoning with rezoning plan detailed.
Major topographic, hydrographic, vegetative, and cultural features.
Adjacent conditions or improvements influencing development such as roads and water mains.
Proposed landscaping plans, site grading, or other topographical modifications.
Proposed changes to existing improvements and utility systems (above and below ground).
Proposed new construction location, dimensions, materials and visual samples of design.
Proposed supporting systems such as site drainage, leech fields, roads, parking, and signage.

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•
•
•
•
•
•

•
•
•
•
•
•
•
•

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Recommended Tabular Data or Marginal Information

Climatological data and general site features that may influence design considerations.
Local ordinances and zoning requirements, setback lines, zoning designations, and occupancy
limits.
Existing utility, improvement, and easement and right-of-way ownership data.
Existing utility and improvement structural data, such as utility depth and building square footage.
Specific non-graphical data on planned improvements such as design, materials, and esthetics.
Project development priorities and proposed development schedules.
Data limitations and necessary studies.
Planned construction controls.

Sample Project Budget Estimate

D

Right-of-Way Acquisition Costs
Administrative and Legal Costs
Bonding and Insurance Costs
Contingency Fund Capital
Architectural and Engineering Costs
Demolition and Removal Costs
Development and Construction Costs
Inspection and Permitting Costs
Appraisal Costs
Equipment Costs
Financing Costs
Other Costs (Describe)
TOTAL PROJECT COST

$__________________
$__________________
$__________________
$__________________
$__________________
$__________________
$__________________
$__________________
$__________________
$__________________
$__________________
$__________________

$__________________

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Appendix K: Proposed Site Development Schedule

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Appendix L: FS-2700-452, In-Kind Consideration Agreement

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Appendix M: FS-2700-453, Claim for In-Kind Consideration Costs

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