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FOREST SERVICE MANUAL
EASTERN REGION (REGION 9)
MILWAUKEE, WI
FSM 2400 – TIMBER MANAGEMENT
CHAPTER 50 – TIMBER SALE CONTRACT ADMINISTRATION
Supplement No.: R9 R0 2450-2007-1
Effective Date: April 20, 2007
Duration: This supplement is effective until superseded or removed.
Approved: FORREST L. STARKEY
Deputy Regional Forester
Date Approved: 4/20/2007
Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document; remove the entire document and replace it with this
supplement. Retain this transmittal as the first page(s) of this document. The last supplement to
this Handbook was 2400-2004-1, to Chapter 30.
New Document
R9 R0 2450-2007-1
6 Pages
Superseded Document(s)
(Supplement Number and
Effective Date)
R9 RO 2450-2004-1
6 Pages
Digest: In order by code, summarize the main additions, revisions, or removal of direction
incorporated in this supplement.
2452.41
2452.42
2453.2
2450.46
Updates the standards for employees serving as Contracting Officers.
Updates the standards for employees serving as Forest Service
Representaives.
Adds direction on when and how to complete contract modifications.
Updates Exhibit 01, issued as a separate document, as the location to find
the contract provisions for FS-2400-6T, Timber Sale Contract.
R9 RO SUPPLEMENT
EFFECTIVE DATE: 4/20/2007
DURATION: Effective until superseded or removed
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FSM 2400 – TIMBER MANAGEMENT
CHAPTER 50 – TIMBER SALE CONTRACT ADMINISTRATION
2450.3 - Policy
6. The Director, Renewable Resources shall coordinate requests for legal interpretation,
advice, and assistance from the Regional Attorney on all timber sale matters.
2450.43 - Regional Forester
For all timber sales which exceed Forest Supervisors delegated authority, the Regional Forester
shall:
1. Approve environmental document where timber sale is likely to exceed authority
limits.
2. Approve advertisement, prospectus, and appraisal of proposed timber sale.
3. Approve environmental modification of timber sale contracts.
4. Approve termination of timber sale contracts.
2450.44 - Forest Supervisor
4. Administer timber sale contracts approved by the Regional Forester. Forest
Supervisor may choose to redelegate this responsibility to subordinates who meet the minumum
requirements, only with the concurrence of the Regional Forester.
Permit sales shall also be signed as Contracting Officer. Forest Supervisors shall establish
minimum training and experience requirements for individuals authorized to issue permit sales.
2450.46 - Timber Sale Contract Administration Team
Delegation of authority to the Forest Service Representative (FSR) will be made by the
Contracting Officer (CO). Delegation of authority to the Sale Administrator (SA), Engineering
Representative (ER), Harvest Inspector (HI), and Construction Inspector (CI) may be made by
the Forest Service Representative when authorized by the Contracting Officer.
Exhibit 01 – Provision Matrix (FY2007), issued as a separate document, lists the contract
provisions for FS-2400-6T, Timber Sale Contract where action by a member of the contracting
team may be required. An "X" appears in the column under the designated representative to
which the authority can be redelegated. Action must be executed by this individual or higher
delegated authority.
Representatives making redelegations shall make certain that the recipient of such delegation is
fully knowledgeable and experienced to execute the delegated authority and responsibility.
R9 RO SUPPLEMENT
EFFECTIVE DATE: 4/20/2007
DURATION: Effective until superseded or removed
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FSM 2400 – TIMBER MANAGEMENT
CHAPTER 50 – TIMBER SALE CONTRACT ADMINISTRATION
Provisions listed are not all inclusive. Other contractual provisions inherent to a given timber
sale contract that require agreement or action by the Forest Service shall be included in
individual delegations of authority.
Contracting Officers shall ensure that each delegation of authority issued is tailored to the skills
of each individual.
2452 - CONTRACT ADMINISTRATION FUNDAMENTALS
2452.4 – Minimum Requirements and Certification for Timber Sale Administration
Personnel
2452.41 - Minimum Requirements for Contracting Officers
In addition to the minimum Washington Office requirements, Timber Sale Contracting Officers
(CO) must meet the following requirements:
1. Satisfactory completion of Timber Sale Contract Administration Certification written
examination with test score of 80 or higher, and/or has actively served as a certified Forest
Service Representative within the last three years.
2. Knowledge of local sale conditions and requirements and the Forest Land Management
Plan (FLMP) standards and guidelines relating to timber sales.
3. Minimum standards for Contracting Officers administering Forms FS-2400-6T, FS2400-3(P,T) and FS-2400-4 Forest Product Contract in the Region are:
a. Satisfactory completion of Timber Sale Contract Administration Certification
written examination with test score of 80 or higher, and/or has actively served as a
certified Forest Service Representative within the last three years.
b. Knowledge of local sale conditions and requirements and the Forest Land
Management Plan (FLMP) standards and guidelines relating to timber sales.
4. Maintenance of certification: For all Timber Sale Contracting Officers (CO)
a.) If Contracting Officer is located in the Forest Supervisor's Office, he/she shall
annually conduct an on-the-ground review of one active timber sale contract per year
per Ranger District. Document findings and share results with appropriate personnel.
b.) If Contracting Officer resides on the Ranger District, he/she shall make an on-theground review on an adjoining Ranger District or zone of one active timber sale per
year per unit. Document findings and share results with appropriate personnel.
R9 RO SUPPLEMENT
EFFECTIVE DATE: 4/20/2007
DURATION: Effective until superseded or removed
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CHAPTER 50 – TIMBER SALE CONTRACT ADMINISTRATION
c.) Audits one timber sale package per District/zone per year prior to advertisement.
Document and share the results of audit with the appropriate personnel.
d.) Attend Timber Sale Contract Law II, a Sale Administration Skills Enhancement
training or Timber Sale Financial Management every three (3) years. Conduct a
minimum one day forest level Sale Administration workshop. This workshop should
cover Timber Theft Prevention, Timber Sale finances, proper documentation, safety
and delegated authorities.
e.) Satisfactorily complete a timber sale administration program review for
maintenance certification every five (5) years. This review will be conducted by a
certified Regional Forester Representative who has experience as a Timber Sale CO
or by the RFR coordinator.
Note: Active participation as a Regional Forester Representative (RFR) will satisfy
the requirements of (a) and (b) listed above.
2452.42 – Minimum Requirements for Forest Service Representatives
In addition to the minimum Washington Office requirements, Forest Service Representatives
(FSR) must meet the following requirements:
7. Satisfactory completion of Timber Sale Contract Administration Certification written
examination with test score of 80 or higher, and/or have actively served as a certified Sale
Administer within the last five years. Attend Sale Administration Skills Enhancement training or
Timber Sale Financial Management training every four years. The FSR must attend the annual
forest level workshop. Forest Service Representatives are expected to be field going employees
and should maintain their Qualified Cruiser Certification in order to add and remove timber
within the delegated authority of the timber sale contract.
8. Knowledge of local sale conditions and requirements and the Forest Land Management
Plan (FLMP) standards and guidelines relating to timber sales.
2452.46 - Additional Considerations
Before making any assignment to the administration team, the appointing authority shall
consider the following items:
1. Ability to make independent/impartial decisions regarding claims made under the
Timber Sale Contract, documentation of decision rationale, and completion of a defensible case
file.
2. Ability to function as a team member and deal firmly and fairly with purchasers and all
members of the contract administration team.
R9 RO SUPPLEMENT
EFFECTIVE DATE: 4/20/2007
DURATION: Effective until superseded or removed
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2452.47 - Certification Programs
The Region 9 certification program provides for training and certification of the Forest Service
Representative (FSR), Sale Administrator (SA), and Harvest Inspector (HI). Procedural
direction is found in a Regional Supplement issued to FSH 2409.15.
2453 – CHANGES IN STATUS OF TIMBER SALE CONTRACTS
2453.1 – Changes Permitted to Contract Term
2453.12 - Contract Term Extension Under Diligent Performance Authority
Do not solicit or encourage requests for extension, or indicate that a request will be considered, if
the sale will not qualify for extension. Qualification criteria are in the timber sale contract and
parent text.
2453.2 – Modification of Timber Sale Contracts
All contract modifications will include complete documentation as to why such action is
required. Contract modifications requested by a purchaser will be in writing, signed by the
purchaser. All contract modifications will remain consistent with the terms and conditions set
out in the Line Officers signed Decision Notice. All contract modifications will be thoroughly
reviewed by the Contracting Officer before being signed. Contracting Officers are expected to
consult with the Deciding Official when appropriate.
2453.21 - Modification to Prevent Environmental Damage
All proposals for Environmental or Resource (E/R) modifications shall be submitted to the
Regional Forester for review before discussion with the purchaser and before any field work is
done (other than that necessary to prepare an Environmental Assessment (EA)).
Proposals shall consist of an EA which contains a statement of conditions and a description of
other alternatives which were considered and rejected, along with reasons for the rejections.
Along with the EA, but not part of the project file, the Forest Supervisor shall conduct a review
of the original sale procedures to determine the reason(s) for the needed E/R modification. A
report of the conclusions shall be submitted to the Regional Forester.
After reviewing the EA, the Regional Forester may appoint a Regional Office interdisciplinary
team to review the proposal on-the-ground and to recommend whether the modification should
proceed. In cases where circumstances are well known to the Regional Forester and staff,
authorization to proceed may be granted without field review. If the interdisciplinary team
recommends against an environmental modification, the Forest Supervisor shall be provided an
R9 RO SUPPLEMENT
EFFECTIVE DATE: 4/20/2007
DURATION: Effective until superseded or removed
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alternative solution. If authorized to proceed, the Forest Supervisor shall complete the field work
and submit the modification package to the Regional Forester for approval.
Begin formal negotiations with the purchaser only after approval by the Regional Forester.
If the need for change affecting the current operating area is discovered prior to or during the
operating season, contact Timber Management in the Regional Office before implementing
alternative actions.
2454 - CONTRACT CLAIMS AND LAWSUITS
2454.1 - Contract Disputes
Contracting Officer Decision numbers are assigned by the Regional Timber Claims Coordinator.
Once a number is assigned, it should be used on all correspondence.
Once an appeal is filed, the Contracting Officer shall provide information and assist the Regional
Timber Claims Coordinator and assigned OGC Attorney in preparing the Government position.
The Contracting Officer must prepare an Appeal File according to Rule 4, Uniform Rules of
Procedure, AGBCA. (FSH 2409.15, Chapter 70). Within twenty days of receipt of the Board's
request, submit the required number of copies to the Regional Timber Claims Coordinator for
review prior to forwarding to the Regional Attorney.