2409.15,0 Code Page 1 of 13 FOREST SERVICE HANDBOOK WASHINGTON FSH 2409.15 - TIMBER SALE ADMINISTRATION HANDBOOK Amendment No. 2409.15-96-2 Effective September 19, 1996 POSTING NOTICE. Amendments are numbered consecutively by Handbook number and calendar year. Post by document name. Remove entire document and replace with this amendment. Retain this transmittal as the first page of this document. The last amendment to this Handbook was Amendment 2409.15-96-1 to FSH 2409.15,0 Code Contents. This amendment supersedes Amendment 2409.15-92-6 to 2409.15,0 Code. Superseded New Document Name (Number of Pages) 2409.15,0 Code 11 13 Digest: This amendment makes minor corrections and editorial changes throughout the Zero Code. Substantive changes are as follows: 03 - Adds requirement that provisions and specific information in timber sale contracts be consistent with environmental analyses. 04.3 - Changes caption from contracting officer's representative to Forest Service representative. 04.4 - Clarifies that the sale administrator can make binding contract decisions under constraints of delegated authority. 04.5 - Removes authority for harvest inspectors to make binding contract decisions. Digest--Continued: 04.6 - Clarifies that the engineering representative can make binding contract decisions under constraints of delegated authority. 04.7 - Removes authority for construction inspectors to make binding contract decisions. 05 - Adds definitions for the terms breach and partial contract cancellation; modifies definitions for the terms catastrophic damage, contracting officer, and threatened, endangered, and sensitive species; removes definition of the term midpoint payment. JACK WARD THOMAS Chief FSH 2409.15 - TIMBER SALE ADMINISTRATION HANDBOOK WO AMENDMENT 2409.15-96-2 EFFECTIVE 9/19/96 ZERO CODE This handbook provides procedural direction for timber sale administration. Use this handbook in concert with FSM 2450. 01 - AUTHORITY. (FSM 2450.1). 02 - OBJECTIVE. (FSM 2450.2). 03 - POLICY. In addition to the general policy statements in FSM 2450.3, these specific policy statements apply to timber sale administration: 1. Ensure that the Timber Sale Contract contains the provisions and specific information needed to be consistent with the environmental analysis and to implement a given timber sale, because in all questions pertaining to operations under a sale contract, the language of the contract governs. 2. Ensure that all parties to each contract understand the local lines of responsibility for each contract. 3. Attempt to resolve timber sale disputes through the mechanisms in the timber sale contract, including agreements, contract modifications, timber sale design changes, environmental modifications, and cancellations. 4. Record essential delegations, communications, advice, and information between timber sale officers and key persons in the purchaser's organization in writing. 5. Act promptly and positively on all administrative matters pertaining to the contract. 6. Delegate, in writing, authority and responsibility to individuals, not to positions. 04 - RESPONSIBILITY. Variations in organizations for carrying out timber sale administration exist from Region to Region in the Forest Service. These differences accommodate differing timber work loads, programs, and operating needs. General line officer and principal staff responsibilities are contained in FSM 2450.4. Specific responsibilities for key positions in timber sale administration are described in sections 04.1 - 04.7. 04.1 - Contracting Officer. The line officers have overall responsibility to represent the Government and supervise the administration of timber sale contracts. The Forest Supervisor is the Contracting Officer, unless the Forest Supervisor designates a Contracting Officer for timber sale contracts. If the Forest Supervisor delegates the responsibility of a Contracting Officer or other contract-related responsibilities to a subordinate, the Forest Supervisor must fully abnegate all contracting responsibilities and exercise caution in dealing with purchasers on timber sale issues without the full knowledge, involvement, and concurrence of the Contracting Officer. It is the responsibility of the Contracting Officer to: 1. Supervise, coordinate, or perform all aspects of sale administration. 2. Provide leadership and technical assistance for sale administration to the rest of the timber sale administration team. 3. Determine the highest qualified bidder. 4. Award contracts, including signing the contract over the title "Contracting Officer." 5. Sign contracts, contract modifications, sale design changes, and other agreements with the contractor. 6. Designate additional members or the contract administration team and delegate authority to each member. 7. Act as impartial judge on contractual issues and base all contractual decisions on the timber sale contract document, independent of other land stewardship responsibilities. These decisions include: a. Requests to cut and remove species or products not listed as included timber in the contract. b. Requests for revision of specified roads. c. Revisions to the estimated costs to reflect changes in the specified roads. d. Requests for contract performance by someone other than the purchaser. e. Continuation or lifting of suspensions of the purchaser's operations. 8. Receive and settle all claims against the Government from a purchaser relating to the contract within specific limitations in the designation of contracting authority. This authorization does not include settling claims or disputes that another Federal agency specifically is authorized to administer, such as Equal Employment Opportunity disputes, nor does it include any claim involving fraud. 9. Keep local line officers fully informed about emerging contract issues and disputes. 10. Redelegate, if needed, portions of these Contracting Officers' responsibilities for timber sale administration to a subordinate who meets the standards described in FSM 2452.4. 11. Notify the purchaser, in writing, if the Forest Service Representative is anyone other than the District Ranger. 12. Designate the Engineering Representative, in writing, describing the scope of responsibilities and authority the Engineering Representative may exercise in the administration of the timber sale and notify the purchaser, in writing, of the designation. This responsibility may be delegated to the Forest Service Representative. 13. Ensure that the purchaser has a representative named and documented in writing, available to the area of operations, and authorized to receive notices and to take action. 14. Close contracts. 04.2 - Timber Sale Administration Team. In addition to the Contracting Officer, the timber sale administration team consists of the Forest Service Representative, the Sale Administrator, the Harvest Inspector, the Engineering Representative, and the Construction Inspector. The team assists in the day-to-day administration of timber sale contracts. The specific responsibilities of each member are described in sections 04.3 through 04.7. 04.3 - Forest Service Representative. By contract provision C/CT6.1, the District Ranger is the Forest Service Representative on timber sale contracts, unless the Contracting Officer designates this role to another subordinate in writing. Forest Service Representative responsibility may be redelegated to subordinates. It is the responsibility of the Forest Service Representative to: 1. Ensure that the Timber Sale Administrator and Engineering Representative receive written instructions concerning the Forest Service's concerns and points of emphasis for the timber sale and inform them in writing, about any conditions peculiar to the specific sale. 2. Serve as point of contact with the Purchaser's Representative. 3. Designate the Sale Administrator in writing, describing the scope of responsibilities and authority the Sale Administrator may exercise. 4. Designate the Harvest Inspector in writing, describing the scope of responsibilities and authority the Harvest Inspector may exercise, or redelegate this authority to the Sale Administrator. 5. Designate the Engineering Representative in writing, describing the scope of responsibilities and authority that the Engineering Representative may exercise, if authorized by the Contracting Officer to delegate this authority. 6. Designate the Construction Inspector in writing, describing the scope of responsibilities and authority that the Construction Inspector may exercise, or, where necessary, redelegate this authority to the Engineering Representative. 7. Ensure that the purchaser receives copies of the documents designating the Sale Administrator and the Harvest Inspector, and copies of the documents designating the Engineering Representative and Construction Inspector, if applicable. 04.4 - Sale Administrator. The Sale Administrator is the on-the- ground contact and timber sale inspector. It is the responsibility of the Sale Administrator to: 1. Advise the Forest Service Representative as to work needed or performed. 2. Check fire requirements and precautions. 3. Approve or disapprove landing, temporary road, and skid trail locations. 4. Inspect falling, bucking, limbing, lopping, utilization, skidding, slash disposal, erosion control, and road maintenance requirements. 5. Refer problems the Sale Administrator is unable to resolve to the Forest Service Representative. 6. Make final decisions within the Sale Administrator's delegated authority that are contractually binding. 7. Designate, if authorized by the Forest Service Representative, the Harvest Inspector in writing, describing the scope of responsibilities and authority the Harvest Inspector may exercise. 04.5 - Harvest Inspector. It is the responsibility of the Harvest Inspector to: 1. Carry out the instructions of the Sale Administrator or the Forest Service Representative on the inspections of the purchaser's logging activities. 2. Check for compliance with provisions of the timber sale contract. 3. Serve, as requested by the Sale Administrator, as the daily contact with the purchaser's Field Representative. 4. Refer problems and contractual issues to the Sale Administrator or Forest Service Representative. 04.6 - Engineering Representative. It is the responsibility of the Engineering Representative to: 1. Serve as the on-the-ground contact and inspector of specified road construction under the timber sale contract. 2. Report to the Forest Service Representative or Contracting Officer for contractual supervision. 3. Report to the Forest Engineer for technical advice. 4. Make contractually binding final decisions within the Engineering Representative's delegated authority. 5. Refer problems the Engineering Representative is unable to resolve, or does not have the authority to resolve, to the Forest Service Representative. Refer problems requiring technical interpretations to the Forest Engineer for review. 6. Receive notices and approve the performance of engineering activities in accordance with drawings, specifications, and other terms of the timber sale contract. These approvals may include: a. Minor adjustments as needed. b. Necessary changes, such as changes in grade, elevation, or alignment to obtain compliance with drawings and specifications. c. Revised drawings, specifications, and cost estimates for the changed work that the timber sale contract prescribes in the event of physical changes, design changes, and other construction cost adjustments. 7. Initiate the issuance of Form FS-7700-42, Specified Road Construction Agreement and/or Notice, to the Purchaser's Representative for the following: a. Noncompliance with the requirements of drawings and/or specifications. b. Approval or authorization as called for in the specifications. c. Mutual agreement as authorized in the specifications. d. Minor design change agreements not qualifying for cost adjustments. 8. Designate, if authorized by the Forest Service Representative in writing, the Construction Inspector describing the scope of responsibilities and the authority the Construction Inspector may exercise. 04.7 - Construction Inspector. It is the responsibility of the Construction Inspector to: 1. Carry out the instructions of the Engineering Representative and/or Forest Service Representative in the inspection of the purchaser's road construction and maintenance activities. 2. Check for compliance with drawings and specifications through day-to-day contacts with the purchaser's Field Representative. 3. Refer any unresolved problems and contractual issues to the Engineering Representative or the Forest Service Representative. 05 - DEFINITIONS. These terms are commonly used in timber sale administration and referred to in the provisions of the timber sale contract. Abnormal Delay. A delay that occurs when included timber required to be removed is not presented for scaling within the time limits stated in Division C of the contract. Base Index. The specified lumber or other product selling value listed in contract provision A/AT5a as the basis for computing adjustment of rates provided in contract provision B/BT3.2. Base Rate Value. The value represented by multiplying the volume of all included timber by the base rates or minimum rates and which must be paid in cash. Bid Premium. The amount by which the purchaser's bid exceeds the advertised rates. Bid premium remains constant for the life of the contract. Bid Rates. The rates bid by the purchaser for included timber exclusive of other contract charges. Bid rates in contract provision A/AT5a. The tentative rates subject to quarterly adjustment. Bid rates in contract provision A/AT5b. The flat rates not subject to adjustment. Breach. Failure to comply with the terms of the contract by either the Forest Service or the purchaser. Cash Deposits. The payments made by means of cash, check, money order, or other monetary instrument. Catastrophic Damage. A major change or damage to included timber on the sale area, to the sale area itself, to the access to the sale area, or a combination thereof. It is caused by forces beyond the control of the purchaser such as wind, flood, fire, earthquake, forest pest outbreak, or other phenomenon. It must affect the volume or value of included and other timber within the sale area which could be included pursuant to contract provision B/BT8.33 and must be estimated to be either more than half the volume stated in contract provision A/AT2 or one million board feet. Catastrophic damage due to forest pests does apply to timber sold as salvage or for pest control. Central Scaling Station. A site where normally more than one purchaser is served. Clearcutting Unit. A cutting unit in which all live and dead trees which meet minimum tree specifications in contract provision A/AT2 are designated for cutting. Continuous Scaling Service. Scaling at one station for 5 8-hour shifts per week, exclusive of Sundays and Federal holidays, when at least the volume stated in contract provision A13 is presented during a Forest Service pay period of 2 weeks. Contract Life. The period of time from contract award date until the contract is closed pursuant to contract provision B/BT9.7. Contract Term Adjustment. A change of the termination date to allow performance of contract requirements due to delays as provided in contract provision B/BT8.21. Contract Term Extension. An extension of the term of the contract at the request of the purchaser other than a contract term adjustment. Contracting Officer. A person to which the authority to enter into and administer timber sale contract in behalf of the Government has been delegated. Cooperative Deposits. Cash deposits made by the purchaser to do work required under the terms of the contract. Cultural Resources. Historic or prehistoric sites protected by statute. Controlled Area. An area within the sale area where resources require special protection measures under the contract. Current Base Rate Value. The sum of the products of base rates and estimated remaining unscaled volumes, by species group, of included timber meeting utilization standards. Downpayment. An initial deposit of cash or credits required from the purchaser under terms of the contract. Drawings. Sets of plans, profiles, line graphs, and other diagrams which show the location, details, dimensions, and scope of construction and reconstruction work for specified roads. Effective Purchaser Credit. Unused purchaser credit which does not exceed current contract value minus current base rate value. Field Representative. An individual designated in writing by the Purchaser's Representative to act in the absence of the Purchaser's Representative. Fire Precautionary Period. That period stated in contract provisions A16 or AT13 during which fire precautionary measures are required. Flat Rates. Bid rates not subject to escalation (quarterly adjustment) under terms of the contract. Forest Development Road. A road included in the National Forest transportation system. Included Timber. All timber designated for cutting under terms of the contract. Ineffective Purchaser Credit. The amount of purchaser credit established on a timber sale that exceeds the amount of effective purchaser credit. Intermittent Scaling Services. Scaling services not covered by continuous scaling services. Marked (Marking) Trees. Trees that are marked with paint or other visible substance, above and below the stump height, when individually designated or reserved by the Forest Service. Material Provision. Any provision of the contract that establishes an obligation of the purchaser to the Forest Service. Negligent Fire. A fire caused by the negligence of the purchaser related to the purchaser's operations or when purchaser's failure to comply with the requirements of contract provision B/BT7.2 or B/BT7.3 results in a fire starting or permits a fire to spread. Normal Operating Season. The period beginning and ending on the dates stated in contract provision A20 or AT17 of any year. Operating Schedule. A detailed schedule of the purchaser's activities to take place in a single operating season. Operations Fire. A fire, other than a negligently caused fire, caused by the purchaser's operations. Other Contract Charges. Deposits or other payments which the purchaser is required or agrees to pay under terms and conditions of the contract and are in addition to current contract rates. These charges may be per unit of measure, lump sum, or as otherwise provided in the contract. Partial Contract Cancellation. Deletion of one or more complete cutting units, or a significant amount of volume, from a contract. Payment Guarantee. A payment bond, letter of credit, assigned savings account, certificate of deposit, deposited security, or other financial instrument that may be exercised by the Forest Service in the event charges for stumpage or other amounts due under terms of the contract are not paid by the purchaser. Plan of Operations. A general plan for completing major activities over the life of the contract. Pre-haul Maintenance. Road maintenance prior to use for hauling of timber that is limited to opening of closure devices, brushing, removal or repair of minor slides and slumps, cleaning of roadside ditches and drainage devices, spot aggregate placement, and blading of the travel way. Purchaser. An individual or a business entity identified in the contract as having the right to harvest timber designated for cutting in that contract by virtue of contract award. The term also applies to an individual or business entity having the current right to harvest the timber according to the terms of an approved third-party agreement for the contract. Purchaser Credit. Credit established in the timber sale account for construction or reconstruction of specified roads included in the Schedule of Items or as otherwise provided in Division C/CT of the contract. Purchaser Credit Limit. The maximum amount of purchaser credit that will be established under terms of the contract. Purchaser's Operations. All activities and use of equipment by the purchaser; purchaser's employees; or agents, contractors, subcontractors, and their employees or agents acting in the course of their employment in meeting the requirements of a timber sale contract, unless acting under the direct supervision of the Forest Service, as in slash disposal. Purchaser's Representative. An individual designated by the purchaser pursuant to contract provision B/BT6.1. Residual Trees. Small trees or other timber not designated for cutting under terms of the contract. Reasonably Close Conformity. Compliance with customary manufacturing and construction tolerances. Road Maintenance. The upkeep of roads including surface, shoulders, ditches, drainage structures, parking and side areas, traffic control devices, and other road related structures, as necessary for safe and efficient use. Road Rules. Requirements described in 36 CFR 212.7 and 36 CFR 261, Subparts A, B, and C. When included, documents listing road orders, other limitations and information also apply. Sale Area. The area identified in contract provision A/AT1 and shown on the sale area map. Sale Area Map. The map titled "Sale Area Map" which is part of the contract. It identifies locations where contract requirements apply and where purchaser's rights under the contract are limited or restricted. Scaling. The determination of timber volume in logs or other products. It may include a variety of sampling and measurement methods and takes place at locations specified in contract provision A14. Schedule of Items. A listing in the contract that contains a description of construction items, quantities, units of measure, methods of measurement, unit price, total cost, purchaser credit, augmentation provided by the Forest Service, and all related construction cost adjustments. Scheduled Payment. A payment required during the life of the contract in accordance with applicable provisions in the contract. Shop Drawings. Diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance test data, and similar information provided by the purchaser which explain in detail specific portions of the work required by the contract. Slash. All vegetative debris resulting from the purchaser's operations. Slash associated with construction of roads is subject to treatment according to construction specifications, all other is subject to the terms of contract provision B/BT6.7. Special Project Specifications. Conditions and requirements peculiar to the individual project and includes additions to and revisions of standard specifications. Specified Roads. Roads and related transportation facilities listed in contract provision A/AT10 and shown on the sale area map. Spill Prevention Control and Countermeasures Plan. A plan meeting applicable requirements of 40 CFR 112 and details actions to be taken in the event of a spill of oil or oil products used in timber sale operations and road construction. Standard Specifications. The specifications applicable to construction of specified roads and are contained in a book titled "Forest Service Specifications for Construction of Roads and Bridges", EM-7720-100LL. Streamcourses. Streams, draws, washes, depressions, or other features shown as streamcourses on the sale area map. Substantially Completed. Specified roads under construction. It means (a) completion of grading and installation of drainage structures so they will function effectively and (b) laying the specified depth of the base course. Temporary Roads. Roads other than specified roads which are constructed by the purchaser. Tentative Rates. Bid rates that are subject to escalation under the terms of the contract. Termination Date. The date shown in the contract by which all purchaser operations must be completed unless the date is adjusted under contract provision B/BT8.2. Threatened and Endangered Species. Species of plants or animals that receive special protection under the Endangered Species Act. Sensitive species are designated administratively by the Forest Service and may also receive special protection. Timber Sale Account. An account of all purchaser's financial activity in connection with a timber sale contract. Timber Sale Contract. A document signed by the timber purchaser and Contracting Officer. The contract or permit contains the conditions and terms governing the removal of timber and payment for it. It may be on a variety of approved contract or permit forms. Timber Sale Statement of Account. A document prepared by the Forest Service which details a timber sale account. Transfer In Purchaser Credit. Effective purchaser credit transferred to a timber sale that was established on other timber sales. The amount of credit transferred in is limited to a maximum amount called transfer in purchaser credit limit. Transfer Out Purchaser Credit. Effective purchaser credit established on a timber sale and transferred to other sales. Utilization Standards. Minimum size of trees and pieces of trees that are included timber are stated in contract provision A/AT2. Wetlands. Swamps, marshes, bogs, sloughs, wet meadows, ponds and similar areas managed and protected under Executive Order 11990. 06 - SPECIAL QUALIFICATIONS FOR CONTRACTING OFFICERS. Contracting Officers who are delegated authority from the Forest Supervisor must meet the special qualifications described at FSM 2452.4.