2409.15,0 Code Page 1 of 30 FOREST SERVICE HANDBOOK MISSOULA, MONTANA FSH 2409.15 - TIMBER SALE ADMINISTRATION HANDBOOK R1 Supplement No. 2409.15-92-2 Effective March 17, 1992 POSTING NOTICE. Supplements are numbered consecutively by handbook number and calendar year. Post by document name. Remove entire document and replace with this supplement. Retain this transmittal as the first page of this document. The last supplement to this handbook was Supplement 2409.15-92-1, Chapter 10. Document Names 2409.15,0 Code Digest: 04-04.2 - Responsibilities for all personnel working on timber sales. DAVID F. JOLLY Regional Forester Superseded New (Number of Pages) - 30 R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 2 of 30 FSH 2409.15 - TIMBER SALE ADMINISTRATION HANDBOOK R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 03/17/92 ZERO CODE 04 - RESPONSIBILITY. All personnel working on timber sale contracts will have a written delegation of authority stating specific approval and authorization responsibilities. The authority assigned by Contracting Officer (CO), FSM 2404.12, must be exercised by the individual to whom it is assigned. The assignment of authority and the responsibility of performance go hand in hand. All decisions made by these individuals, within their respective assigned authority and not contrary to existing laws and regulations, are final and binding on Forest Service, and shall not be overturned, except by actions under provision B(T)9.2, Disputes. Those individuals assigned authority under the contract are to represent Forest Service to: 1) receive notices in regard to performance under the contract, 2) take action as required in relation to the contract, and 3) be readily available to the area of operations. Individuals assigned sale administration duties must be qualified by training and experience to effectively execute the delegated responsibilities. All agreements, waivers of contract provisions, and substitutions must be in writing and signed by individuals from both parties who hold the authority to make the agreement. Any contract change must not be to the disadvantage of the Government in either monetary and/or resource protection consideration. Individuals assigned specific responsibility, even though responsible for a decision, may need to consult with specialists in order to fulfill that responsibility and satisfactorily protect the resources, meet the objectives of the sale, the intent of the contract, and land management considerations. District Rangers shall provide delegations of authority for District Ranger timber sales in the same manner as shown in this chapter. Contract provision B(T)6.1 provides that District Ranger is Forest Service Representative, unless Purchaser is notified in writing otherwise. The automatic nature of this provision shall be used from the date of award until a Plan of Operation is provided to Forest Service by Purchaser. When a Plan of Operation is received and approved by District Ranger, District Ranger shall notify Contracting Officer. District Ranger will recommend named qualified individuals to be designated as Forest Service Representative (FSR) and Engineering Representative (ER). The recommendation will also include alternative names of two individuals for each position who would serve as acting Forest Service Representative or Engineering Representative during periods of absence of the designated individual. Based on the recommendation, Contracting Officer will designate Forest Service Representative, Engineering Representative and Sale Administrator (SA). Sale Administrator may designate Harvest Inspectors (HI) and Engineering Representative may designate Construction Inspectors (CI), as needed. These individuals shall be assigned in writing their respective authority and responsibility, both contractually and administratively. The designated team provides the necessary Forest Service representation to administer the contract (FSM 2451). R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 3 of 30 04.1 - Contracting Officer. Contracting Officer must insure that the team to represent Forest Service is established and coordinated, both contractually and administratively, and that Purchaser is properly informed. A copy of this delegated authority shall be given to Purchaser. Contracting Officers are delegated their authority through FSM 2404.26. 04.2 - Timber Sale Administration Team. The ability to function as a team depends on every individual understanding their respective authorities, responsibilities, and limitations of each member and the nature of satisfactory performance under their delegated authority. The team shall be structured so that Forest Service will fully meet its commitment to receive notices in regard to performance under the contract, take action as required in relation to the contract, and be readily available to the area of operations. The team should also be structured to effectively keep Contracting Officer informed of sale progress and problems as they develop or are developing and to: 1) assure the performance of Forest Service as required in the contract, 2) make inspections of Purchaser's operations for compliance with the contract provisions, and 3) take appropriate action using remedies provided by the contract to correct items of noncompliance. The team structure should provide clear lines of administrative and contractual authorities and responsibilities. The following structure is suggested to meet this objective: CONTRACTING OFFICER (CO) | | | Specified | Harvest |-----Roads----------- |---------Activities--| ER FSR | | CI SA | HI Contracting Officers may select other structures, as needed, to meet specific situations where the normal Forest Service organization or the above structure is not deemed adequate or desirable. However, other structures of the team should clearly provide a means of meeting the above objectives. Not all positions need to be filled, depending on the needs of the operation. R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 4 of 30 The responsible Forest Officer shall notify Purchaser, in writing, of the specific area of responsibility of each individual and the nature of any limitation of their authority when the team is assigned. The 04.2 - Exhibits 01, 02, and 03 reference contract provisions which authorize or require specific action by the Forest Service. The lowest level to which authority for a specific action to be delegated is indicated. Authority may be held at a higher level at the discretion of the individual making the delegation or redelegated to a lower level in accordance with 04.2 - Exhibits 01, 02, and 03. The person redelegating must be sure that the recipient of the delegation is capable of effectively executing that responsibility. Depending on the type of contract, a copy of 04.2 - Exhibits 01, 02, or 03 will be sent to Purchaser with a letter naming the responsible people on the contract team. Should the person delegating authority desire to hold specific authority at a higher level, pen and ink or "white out" changes may be made to exhibits to indicate the specific authority withheld. Samples of letters to name the responsible individuals are shown as part of this chapter. 04.4 - Sale Administrator. Contracting Officer (CO) shall designate, in writing, a certified "Sale Administrator" (SA) to assist CO in meeting the day-to-day responsibilities in administering the timber sale contract provisions. Following is a sample letter designating a qualified Sale Administrator: Date _____________ To Purchaser: I hereby designate as Sale Administrator for the __________________________ Timber Sale Contract # __________ to assist me in meeting my responsibilities as Contracting Officer (CO) in the day-to-day, on-the-ground operations under the sale. SA shall be readily available to such areas of operation and has the authority and responsibility to: 1. Receive and accept notices directed to me in regard to performance under the contract in the area of operations. 2. Take action for me in relation to provisions of the contract as delegated. The enclosed form indicates the delegations of authority for Forest Service personnel assigned to act on behalf of the Government. The lowest level to which authority for a specific action is delegated is indicated with an "X". R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 5 of 30 In the absence of this delegated Sale Administrator,__________ and/or __________ is authorized to act in their behalf. Sincerely, Contracting Officer Enclosure cc: Named Sale Administrator Engineering Representative Forest Service Representative Contracting Officer Following is a sample letter designating individuals as part of the Contract Administration Team: Dear _____________ The enclosed form indicates the delegations of authority for Forest Service personnel assigned to act on behalf of the Government on the __________ Timber Sale Contract # __________. The lowest level to which authority for a specific action is delegated is indicated with an "X". ______________________ is Forest Service Representative, ____________________ is Engineering Representative, and ______________________ is Sale Administrator. These individuals may designate a Harvest Inspector and Construction Inspector, as necessary, prior to beginning operations. Sincerely, _________________________ Contracting Officer Enclosure cc: Named Sale Administrator Named Engineering Representative Named Forest Service Representative Contracting Officer R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 6 of 30 Following is a sample letter designating a Sale Administrator for FS-2400-3 contracts: Dear ________________ The enclosed form indicates the delegation of authority for Forest Service personnel assigned to act on behalf of Government on the __________ Timber Sale Contract # _________. The lowest level of which authority for a specific action is delegated is indicated with an "X". _________________ is Sale Administrator. SA will designate a Harvest Inspector, as necessary, prior to beginning operations. Sincerely, __________________________ Contracting Officer Enclosure cc: Named Sale Administrator Contracting Officer 04.6 - Engineering Representative. Following is a sample letter designating a qualified Engineering Representative (ER): Date _____________ To Purchaser: In accordance with B(T)6.1, I am hereby designating as Engineering Representative (ER) for the ______________________ Timber Sale Contract # _________ with the delegated authority to administer the specified road construction provisions of the timber sale contract. ER is authorized to: (1) receive notices in regard to specified road construction and (2) take action to ensure that specified roads are constructed in accordance with drawings, specifications, and other terms of the timber sale contract. Such action may include: (a) making minor design changes, as needed; (b) necessary adjustments, such as changes in grading elevation or alignment to obtain compliance with drawings and specifications; and (c) in the event of physical changes, design changes, and construction adjustments, ER will prepare drawings, specifications, and cost estimates for the changed work as prescribed by the contract for Contracting Officer approval. In the absence of this delegated Engineering Representative, _________ and/or___________ is authorized to act in their behalf. Sincerely, Contracting Officer cc: Named Engineering Representative Forest Service Representative Forest Engineer Sale Administrator R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 7 of 30 04.2 - Exhibit 01 2400-6 Contract Sale Name * Purchaser * Contract # * Award Date * Provision B1.1 C1.2 C2.11 B2.131 B2.132 B2.134 B2.14 B2.16 B2.2 C2.301 C2.303 C2.304 C2.32 C2.320 C2.321 C2.323 B2.35 C2.352 Agreement or Action Add subdivision Agree to add subdivision to logging sequence following removal of restriction on cutting Agree to include other timber identified in A2 Agree to leave damaged trees Agree to include damaged timber Agree to include timber damaged by natural cause 10 MBF and less Over 10 MBF Agree to include timber unintentionally cut 10 MBF and less Over 10 MBF Approve other material not listed in A2 Require or authorize timber to be left Agree to fell live or dead trees for safety & designate replacements Notify purchaser to remove right-of-way timber Designate dead trees outside clearing limits Approve revision of specified road construction cost estimate Notify Purchaser to remove R-O-W timber Give notice to leave dead trees Agree to method of designating dead larch Responsibility CO FSR X SA HI ER X X X X X X X X X X X X X X X X X X X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 B2.37 Provision C2.38 B2.41 B2.42 B3.21 B3.3 C3.3 B3.31 C3.311 C3.312 B3.41 B3.41 B3.42 B3.45 B3.46 C4.211 C4.221 C4.222 B4.225 2409.15,0 Code Page 8 of 30 and/or agree to include timber on slopes greater than that designated Agree to minor changes 10 MBF and less Over 10 MBF X 04.2 - Exhibit 01 (continued) Agreement or Action Agree to fell dead trees for safety and designate replacements Make adjustment for volume deficit Make adjustment for excess volume Establish a substitute index Approve rate redetermination Same as B3.3 Approve rates in scheduled rate redetermination Approve emergency rate redetermination after contract term extension Decision to rate redetermination for environmental modification Agree to remove timber not meeting utilization standards listed in A2 Agree to remove timber not listed in A2 Establishes rates for timber Establishes rates for timber negligently or willfully cut or damaged Bill Purchaser for for liquidated damages Approve transfer of unused effective purchaser credit Request advance deposits Agree to temporary reduction of downpayment amount Enter into co-op X X Responsibility CO FSR SA X X X X X X X X X X X X X X X X X HI ER CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 B4.227 C4.23 C4.231 B4.24 B4.3 C4.3 B4.31 2409.15,0 Code Page 9 of 30 agreements Allocate blanket cash deposits Approve refunds Refund excess extension deposits Approve refunds Approve payment bonds Approve letters of credit for payment bond Approve payment bonds X X X X X X X X 04.2 - Exhibit 01 (continued) Provision C4.4 B5.1 C5.101 B5.12 C5.12 C5.121 B5.2 B5.21 C5.211 Agreement or Action Suspend operations via provision B9.3 Agree to location and clearing width of temporary roads Authorize purchaser to cut and use construction timber without charge Agree to act on items concerning road completion date upon recommendation of FSR Approve road use not listed in A9 Agree to reconstruction needed prior to hauling but only to extent that it is not an alternate facility under B5.26 Agree to use roads listed as prohibited or restricted in C5.12 Agree to use roads prior to completion of reconstruction other than those listed Agree to construct temporary road on location of specified road Agree to terminus of specified road Agree to purchaser's design and approve revision of A10 Approval or rejection Responsibility CO FSR SA HI ER X X X X X X X X X X X X X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 B5.212 B5.22 of shop drawings Agree to purchaser assuming staking responsibility. Approve revision of A9 and A10 Agree to adjustment in timing of staking Agree to change in material delivery schedule and revised delivery area 2409.15,0 Code Page 10 of 30 X X X X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 11 of 30 04.2 - Exhibit 01 (continued) Provision C5.221 B5.23 C5.23 B5.24 C5.24 B5.25 to B5.254 C5.251 C5.253 C5.254 B5.26 B5.3 B5.4 Agreement or Action Make adjustments in accordance with C5.254, agree and authorize other material sources, agree to use of materials on other National Forests sales, approve storage sites. Agree to other than restoration of temporary roads Agree to waive substantial completion requirements for new construction and reconstruction Agree to greater length or to allowing temporary road construction outside normal operating season Approve revision of A10 Same as B5.24 Approve revisions of A10 Responsibility CO FSR SA HI ER X X X X X X X X X Adjust costs in schedule of items Adjust purchaser credit for physical change Agree on design change and approve revision of A10 Approve alternate facility Approve interim Purchaser Credit Reports for Road Construction. Approve final Purchaser Credit Reports for Road Construction Approve purchaser deposits in lieu of maintenance Agree to purchaser assuming maintenance X X X X X X X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 obligations in lieu of deposits 2409.15,0 Code Page 12 of 30 X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 13 of 30 04.2 - Exhibit 01 (continued) Provision C5.4 B5.41 C5.42 C5.431 C5.46 B5.5 C5.51 C6.0 B6.1 B6.2 C6.2 B6.21 C6.21 C6.220 C6.221 B6.23 C6.24 C6.25 C6.251 C6.3 C6.31 C6.310 Agreement or Action Adjust road maintenance specifications Agree to adjust road maintenance deposit rates or establish rates for roads not listed in C5.41 Designate removal of down timber Approve other sources Approve use of dozers for snow removal Approve use by others Agree to change closure details Recommend contract termination to Chief Delegate authority to FSR and ER Authorize construction of improvements Permit use of improvements Approve continued use of improvements Issue written instructions on burning sawmill refuse Agree to alter restrictions Agree to treatment of material which falls outside clearing limits Designate known survey monuments Cancel or modify contract for protection of cultural resources Cancel or modify contract to provide protection of habitat of endangered species Approve plan of operations Adjust cumulative removal schedule Waive salvage unit Responsibility CO FSR SA HI ER X X X X X X X X X X X X X X X X X X X X X X X X X X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 C6.311 cutting schedule Agree on proposed method of construction 2409.15,0 Code Page 14 of 30 X X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 15 of 30 04.2 - Exhibit 01 (continued) Provision C6.313 C6.315 C6.316 C6.33 C6.331 C6.331 B6.34 C6.34 B6.35 B6.35 B6.35 C6.4 C6.401 C6.401 C6.402 C6.408 C6.409 B6.41 C6.41 C6.411 Agreement or Action Agree on sequence of logging Agree to waive requirement Agree in writing to change Agree in writing to traffic control plan Authorize traffic passage intervals other than that specified Specify sign location Agree on burial location Responsibility CO FSR SA ER X X X X X X X X Accept roads or portions of roads listed in A10 Accept specific work on sale area subdivision Accept all contractual requirements on a subdivision and eliminate subdivision Agree to other requirements and procedures but not to different yarding methods Agree to other yarding methods per C6.4 & B6.42 Waive in writing or restrict activity in recreation areas Designate safety zones, etc. in recreation areas Agree to more than one cedar product deck per landing Agree to other methods and/or to enter into cooperative agreement Agree to different specifications Agree to alternate method of felling Agree to other special felling requirements Agree upon and designate stockpiling area HI X X X X X X X X X X X X X X X X X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 B6.412 Agree to alternate disposal method for severed stump portions 2409.15,0 Code Page 16 of 30 X X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 17 of 30 04.2 - Exhibit 01 (continued) Provision C6.414 B6.422 C6.422 B6.423 B6.424 B6.5 C6.50 C6.53 B6.6 B6.6 C6.6 C6.601 B6.61 B6.62 C6.62 C6.622 C6.623 B6.63 B6.64 Agreement or Action Agree to road mtc. costs Agree to location of landings and skid trails Approve helicopter landing location Agree to skid on permanent roads Agree to use of arches and dozer blades when damage to residual stand can be controlled Designate stream crossings, diversions or alternate measures Agree in writing to change requirements Agree to delivery points and time for toxic material Make decisions when soil damage will occur and determine methods of erosion control Make decisions to assume erosion control work using unencumbered deposits Agree in writing to other than current erosion control Approve application outside specified period Agree to alternate meadow protection measures Designate location of waterbars Same as B6.62 Waive temporary road and landing scarification Agree to alternate erosion measures on landings Stake or otherwise designate waterbars Agree to other erosion control measures Responsibility CO FSR X SA HI ER CI X X X X X X X X X X X X X X X X X X X X X X X X X X X X X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 B6.65 Agree to not remove temporary installation at end of season 2409.15,0 Code Page 18 of 30 X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 19 of 30 04.2 - Exhibit 01 (continued) Provision B6.65 C6.651 B6.66 C6.71 C6.711 C6.752 C6.753 C6.77 B6.81 C6.81 C6.811 C6.811 B6.82 C6.82 C6.820 C6.821 Agreement or Action Agree to not construct control structures Waive in writing requirement to remove slash and debris from system roads prior to end of normal operating season Agree to perform maintenance under a cooperative agreement Agree to changes in slash treatment Permit refuse or slash burning Agree on operation of high intensity burning Agree on method of temporary road slash disposal Specify location of cedar products operation Agree to alternate scaling service and/or acceptance of third party scale Agree to procedure for intermittent scaling services Agree to alternate scaling services Terminate agreement for third party scaling Release brand upon recommendation of FSR Agree to means for distinguishing mixed timber Agree to waive or adjust requirements for branding and agree to method of accountability for remanufactured products and waive payment for surveillance Waive product accountability requirements Waive or modify account- Responsibility CO FSR SA HI ER X X X X X X X X X X X X X X X X X X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 ability requirements 2409.15,0 Code Page 20 of 30 X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 21 of 30 04.2 - Exhibit 01 (continued) Provision B6.83 B6.84 C6.841 B7.2 C7.2 C7.201 B7.21 C7.21 B7.22 B7.31 B7.41 B7.42 B8.2 Agreement or Action Agree to alternate converting factors Agree to alternate accounting requirements Agree to alternate haul route, location for accountability check and check scale location Change dates of fire precautionary period Designate additional precautionary period Designate location of fire equipment, approve fire spark arresters, approve use of blasting equipment and other fire precautionary measures Agree on location of bucket and water system (helicopter fire precautions) Waive specific requirements and authorize substitute measures Agree on location of pump and trailer Suspend operations, agree on rates Require further action by purchaser Make determination that fire is operations fire and approve amount of billing or reimbursement Make determination that fire is negligent and approve amount of billing Make adjustments to contract period under section B8.2 and its subsections B8.21 through B8.23, and/or permission to delay performance other than log removal Responsibility CO FSR SA HI ER X X X X X X X X X X X X X X X X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 C8.2 C8.201 Recommend contract termination to Chief Same as C8.2 2409.15,0 Code Page 22 of 30 X X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 23 of 30 04.2 - Exhibit 01 (continued) Provision C8.21 C8.223 C8.23 C8.232 B8.3 C8.3 B8.33 B8.4 & C8.4 B8.5 C8.641 C8.642 B9.1 and B9.11 C9.1 C9.2 C9.2 C9.21 B9.3 B9.3 C9.3 C9.4 Agreement or Action Authorize contract term adjustment due to delay in reconstruction of processing facilities Terminate contract due to damage to helicopter Extend contract Execute collection agreement for extension costs Make contract modification under section B8.3 and its subsection B8.31 through B8.33 Authorize contract modifications Agree to modify contract for catastrophic damage Agree to performance other than purchaser Authorize the sale of other materials Agree to alternate processing facilities Terminate contract for breach Agree to alternate processing facilities All items dealing with performance bonds Approve letters of credit Make decisions on questions of fact Make decisions on claims Receives claims Make oral suspension Placed purchaser in breach by written notice and suspend operations Make initial decision to lift or continue suspension Terminate contract for failure to remedy breach Terminate contract Determine if sale will Responsibility CO FSR SA HI ER X X X X X X X X X X X X X X X X X X X X X X X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 be reoffered, assess damages, bill Purchaser 2409.15,0 Code Page 24 of 30 X X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 25 of 30 04.2 - Exhibit 01 (continued) Provision C9.41 B9.5 C9.5 B9.6 Agreement or Action Retain bid guarantee as liquidated damages for failure to execute contract Make decisions to retain deposits Determine settlement amount Close contract CO - Contracting Officer FSR - Forest Service Representative SA - Sale Administrator HI - Harvest Inspector ER - Engineering Representative CI - Construction Inspector Responsibility CO FSR X X X X SA HI ER CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 26 of 30 04.2 - Exhibit 02 2400-6T Contract Sale Name * Purchaser * Contract # * Award Date * Provision BT1.1 CT2.11 BT2.131 BT2.132 BT2.134 BT2.14 BT2.16 BT2.2 CT2.301 CT2.303 CT2.304 CT2.32 CT2.320 CT2.321 CT2.323 BT2.35 BT2.37 CT2.38 Agreement or Action Revise, add, or subdivide payment units Agree to include other timber identified in AT2 Responsibility CO FSR SA HI ER X X Agree to leave damaged trees Agree to include damaged timber Agree to include timber damaged by natural cause 10 MBF and less Over 10 MBF Agree to include unintentionally cut timber 10 MBF and less Over 10 MBF Approve other material not listed in AT2 Require or authorize timber to be left Agree to fell live or dead trees for safety & designate replacements Notify purchaser to remove right-of-way timber Designate dead trees outside clearing limits Approve revision of specified road construction cost estimate Notify purchaser to remove R-O-W timber Give notice to leave dead trees Agree to minor changes: 10 MBF and less Over 10 MBF Agree to fell dead trees for safety and designate X X X X X X X X X X X X X X X X X X X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 replacements 2409.15,0 Code Page 27 of 30 X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 28 of 30 04.2 - Exhibit 02 (continued) Provision BT2.41 BT2.42 BT3.21 BT3.3 CT3.3 BT3.31 CT3.311 CT3.312 BT3.41 BT3.41 BT3.42 BT3.44 BT3.45 CT4.12 CT4.211 CT4.221 CT4.222 CT4.224 BT4.225 BT4.227 CT4.23 CT4.231 Agreement or Action Make adjustment for volume deficit Make adjustment for excess volume Establish a substitute index Approve rate redetermination Same as BT3.3 Approve rates in scheduled rate redetermination Approve emergency rate redetermination after contract term extension Decision to rate redetermination for environmental modification Agree to remove timber not meeting utilization standards listed in AT2 Agree to remove timber not listed in AT2 Establishes rate for timber Establishes rates for timber negligently or willfully cut or damaged Bill purchaser for liquidated damages Revise volume estimate Approve transfer of unused effective purchaser credit Request advance deposits Agree to temporary reduction of downpayment amount Waive required advance deposits when payment guaranteed by bond Enter into co-op agreements Allocate blanket cash deposits Approve refunds Refund excess extension deposits Responsibility CO FSR SA X X X X X X X X X X X X X X X X X X X X X X HI ER CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 BT4.24 BT4.3 Approve refunds Approve payment bonds 2409.15,0 Code Page 29 of 30 X X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 30 of 30 04.2 - Exhibit 02 (continued) Provision CT4.3 BT4.31 CT4.4 BT5.1 BT5.1 CT5.101 BT5.12 CT5.12 CT5.121 BT5.2 BT5.21 CT5.211 BT5.212 BT5.212 BT5.22 Agreement or Action Approve letters of credit payment guarantee Approve payment bonds Suspend operations via provision BT9.3 Agree to location and clearing width of temporary roads Authorize purchaser to cut and use construction timber without charge Agree to act on items concerning road completion date Approve road use not listed in AT9 Agree to reconstruction needed prior to hauling but only to extent that it is not an alternate facility under BT5.26 Agree to use roads listed as prohibited or restricted in CT5.12 Agree to use roads prior to completion of reconstruction other than those listed Agree to construct temporary road on location of specified road Agree to terminus of specified road Agree to Purchaser's design and approve revision of AT10 Approval or rejection of shop drawings Agree to purchaser assuming staking responsibility. Approve revision of AT9 and AT10 Agree to adjustment in timing of staking Agree to change in material delivery schedule and revised Responsibility CO FSR SA HI ER X X X X X X X X X X X X X X X X X X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 delivery area 2409.15,0 Code Page 31 of 30 X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 32 of 30 04.2 - Exhibit 02 (continued) Provision CT5.221 BT5.23 CT5.23 BT5.24 CT5.24 BT5.25 to BT5.254 CT5.251 CT5.253 CT5.254 BT5.26 B5.3 BT5.4 BT5.4 Agreement or Action Make adjustments in accordance with CT5.254, agree and authorize other material sources, agree to use of materials on other National Forests sales, approve storage sites. Agree to other than restoration of temporary roads Agree to waive substantial completion requirements for new construction and reconstruction Agree to greater length or to allowing temporary road construction outside of normal operating season Approve revision of AT10 Same as BT5.24 Approve revisions of AT10 Responsibility CO FSR SA HI ER X X X X X X X X X Adjust costs in schedule of items Adjust purchaser credit for physical change Agree on design change and approve revision of AT10 Approve alternate facility Approve interim Purchaser Credit Reports for Road Construction Approve final Purchaser Credit Reports for Road Construction Approve purchaser deposits in lieu of maintenance Agree to purchaser assuming maintenance obligation in lieu of X X X X X X X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 CT5.4 deposits Adjust road maintenance specifications 2409.15,0 Code Page 33 of 30 X X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 34 of 30 04.2 - Exhibit 02 (continued) Provision BT5.41 CT5.42 CT5.431 CT5.46 BT5.5 CT5.51 CT6.0 BT6.1 BT6.2 CT6.2 BT6.21 CT6.21 CT6.220 CT6.221 BT6.23 CT6.24 CT6.25 CT6.251 BT6.3 CT6.3 CT6.31 CT6.310 Agreement or Action Agree to adjust road maintenance deposit rates or establish rates for roads not listed in CT5.41 Designate removal of down timber Approve other sources Approve use of dozers for snow removal Approve use by others Agree to change closure details Recommend contract termination to Chief Delegate authority to FSR and ER Authorize construction of improvements Permit use of improvements Approve continued use of improvements Issue written instructions on burning sawmill refuse Agree to alter restrictions Agree to treatment of material which falls outside clearing limits Designate known survey monument Cancel or modify contract for protection of cultural resources Cancel or modify contract to provide protection of habitat of endangered species Release payment units for cutting Approve plan of operations Adjust cumulative removal schedule Waive salvage unit Responsibility CO FSR SA HI ER X X X X X X X X X X X X X X X X X X X X X X X X X X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 CT6.311 cutting schedule Agree on proposed method of construction 2409.15,0 Code Page 35 of 30 X X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 36 of 30 04.2 - Exhibit 02 (continued) Provision CT6.313 CT6.315 CT6.316 CT6.33 CT6.331 CT6.331 BT6.34 CT6.34 BT6.35 BT6.35 BT6.35 CT6.4 CT6.401 CT6.401 CT6.402 CT6.404 CT6.408 CT6.409 BT6.41 Agreement or Action Agree on sequence of logging Agree to waive requirement Agree in writing to change Agree to traffic control plan Authorize traffic passage intervals other than that specified Specify sign location Agree on burial location Accept roads or portions or roads listed in AT10 Accept specific work on sale area payment unit Accept all contractual requirements on a payment unit Eliminate payment unit after acceptance of work Agree to other requirements and procedures but not to different yarding methods Agree to other yarding methods per BT6.42 Waive in writing or restrict activity in recreation areas Designate safety zones, etc., in recreation areas Agree to more than one cedar product deck per landing Approve refund of road maintenance deposits Agree to other methods and/or to enter into cooperative agreement Agree to different specifications Agree to alternate methods of felling Responsibility CO FSR SA HI ER X X X X X X X X X X X X X X X X X X X X X X X X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 CT6.41 Agree to other special felling requirements 2409.15,0 Code Page 37 of 30 X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 38 of 30 04.2 - Exhibit 02 (continued) Provision CT6.411 BT6.412 CT6.414 BT6.422 CT6.422 BT6.423 BT6.424 BT6.5 CT6.50 CT6.53 BT6.6 BT6.6 CT6.6 CT6.601 BT6.61 BT6.62 CT6.62 CT6.622 CT6.623 BT6.63 BT6.64 Agreement or Action Agree upon and designate stockpiling area Agree to alternate disposal method for severed stump portions Agree to road mtc. costs Agree to location of landings and skid trails Approve helicopter landing location Agree to skid on permanent roads Agree to use of arches and dozer blades Designate stream crossings, diversions or alternate measures Agree in writing to change requirements Agree to time and delivery points for toxic material Make decisions when soil damage will occur and determine methods of erosion control Make decisions to assume erosion control work using unencumbered deposits Agree in writing to other than current erosion control Approve application outside specified period Agree to alternate meadow protection measures Designate location of waterbars Same as BT6.62 Waive temporary road & landing scarification Agree to alternate erosion measures on landings Stake or otherwise Responsibility CO FSR SA HI ER X X X X CI X X X X X X X X X X X X X X X X X X X X X X X X X X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 designate waterbars 2409.15,0 Code Page 39 of 30 X X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 40 of 30 04.2 - Exhibit 02 (continued) Provision BT6.64 BT6.65 BT6.65 CT6.651 BT6.66 CT6.71 CT6.711 CT6.752 CT6.753 CT6.77 CT6.82 CT6.820 BT7.2 CT7.2 Agreement or Action Agree to other erosion control measures Agree to not remove temporary installation at end of season Agree to not construct control structures Waive in writing requirement to remove slash and debris from system roads prior to end of normal operating season Agree to perform maintenance under a cooperative agreement Agree to changes in slash treatment Permit refuse or slash burning Agree on operation of high intensity burning Agree on method of temporary road slash disposal Specify location of cedar products operation Agree to waive or adjust requirements for branding and agree to method of accountability for remanufactured products and waive payment for surveillance Waive product accountability requirements Change dates of fire precautionary period Designate additional precautionary period Designate location of fire equipment, approve fire spark arrestors, approve use of blasting equipment and other fire precautionary measures Responsibility CO FSR SA HI ER X X X X X X X X X X X X X X X X X X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 CT7.201 Agree on location of bucket and water system for helicopter operation 2409.15,0 Code Page 41 of 30 X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 42 of 30 04.2 - Exhibit 02 (continued) Provision BT7.21 CT7.21 BT7.22 BT7.31 BT7.41 BT7.42 BT8.2 CT8.2 CT8.201 CT8.21 CT8.223 CT8.23 CT8.232 BT8.3 CT8.3 Agreement or Action Waive specific requirements and authorize substitute measures Agree on location of pump and trailer Suspend operations, agree on rates Require further action by purchaser Make determination that fire is operations fire and approve amount of billing or reimbursement Make determination that fire is negligent and approve amount of billing Make adjustments to contract period under section BT8.2 and its subsections BT8.21 through BT8.23, and/or permission to delay performance other than log removal Recommend contract termination for environmental reasons Recommend contract termination for convenience Authorize contract term adjustment due to delay in reconstruction of processing facilities Terminate contract due to damage to helicopter Extend contract Execute collection agreement for extension costs Make contract modification under section BT8.3 and its subsection BT8.31 through BT8.33 Authorize contract modifications Responsibility CO FSR SA X X X X X X X X X X X X X X X HI ER X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 BT8.33 Agree to modify contract for catastrophic damage 2409.15,0 Code Page 43 of 30 X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 44 of 30 04.2 - Exhibit 02 (continued) Provision BT8.4 & CT8.4 BT8.5 CT8.641 CT8.642 BT9.1 & BT9.11 CT9.1 CT9.2 CT9.2 CT9.21 BT9.3 BT9.3 CT9.3 CT9.4 CT9.41 BT9.5 CT9.5 BT9.6 Agreement or Action Agree to performance other than purchaser Authorize the sale of other materials Agree to alternate processing facilities Recommends termination for breach Agree to alternate processing facilities All items dealing with performance bonds Approve letters of credit Make decisions on questions of fact Make decisions on claims Receives claims Make oral suspension Place purchaser in breach by written notice and suspend operations Make initial decision to lift or continue suspension Recommend contract termination for failure to remedy breach Terminate contract Determine if sale will be reoffered, assess damages, bill Purchaser Retain bid guarantee as liquidated damages for failure to execute contract Make decisions to retain deposits Determine settlement amount Close contract CO - Contracting Officer FSR - Forest Service Representative SA - Sale Administrator Responsibility CO FSR SA HI ER X X X X X X X X X X X X X X X X X X X X X CI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 HI - Harvest Inspector ER - Engineering Representative CI - Construction Inspector 2409.15,0 Code Page 45 of 30 R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 46 of 30 04.2 - Exhibit 03 2400-3 Contract Sale Name * Purchaser * Contract # * Award Date * Provision 1 2 2.1 2.2 2.4 3 5 5 6 6.1 7.1 8.3 8.4 9 Agreement or Action Revise subdivisions Designate damaged trees and timber in authorized clearings Agree to alternate product accountability requirements Agree to include other timber Waive branding & painting, approve sorting, agree to surveillance, waive surveillance pmts Extend contract termination date Agree to deposits for road maintenance and use Release payment units for cutting Agree otherwise on muffler systems and spark arrestors Designate additional precautionary period Designate location of fire equipment, approve fire spark arrestors, approve use of blasting equipment and other fire precautionary measures Agree to changes in Purchaser Hazard Reduction and Site Preparation Plan Agree to use roads listed as prohibited or restricted Agree to changes in road maintenance specifications Agree on disposal method Responsibility CO X SA X X X X X X X X X X X X X HI R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 for recut high stumps 2409.15,0 Code Page 47 of 30 X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 48 of 30 04.2 - Exhibit 03 (continued) Provision 9.1 9.2 10 10 10.1 11 12 13 14 15 15.1 15.2 15.3 15.4 15.6 15.8 16 Agreement or Action Agree to other than specified logging requirements, and procedures Agree to traffic control plan Stake or mark erosion control work Make decision to assume erosion control work using unencumbered deposits Stake or mark erosion seeding areas Agree to alternate stream course protection measures Agree to landings, roads and skid trails Cancel or modify contract for protection of cultural resources Make written suspensions for immediate and irrepairable resource damage or immediate threat to human life Issue other written suspensions notices of breach and notices of remedy to breach Terminate contract Modify contract Agree to alternate processing facilities, terminate for breach Make decisions on claims Receives claims Request records Retain bid guarantee as liquidated damages fo failure to execute contract Request records, waive requirement for SBA Form 723 Bill purchaser for Responsibility CO FSR SA HI ER CI X X X X X X X X X X X X X X X X X X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 16.1 damages Bill purchaser for damages 2409.15,0 Code Page 49 of 30 X X R1 SUPPLEMENT 2409.15-92-2 EFFECTIVE 3/17/92 2409.15,0 Code Page 50 of 30 04.2 - Exhibit 03 (continued) Provision 17 18 18.1 CO - Contracting Officer SA - Sale Administrator HI - Harvest Inspector Agreement or Action Make decisions under settlement Issue demand for satisfactory performance bond Approve letters of credit for performance bond purposes Responsibility CO FSR X X X SA HI ER CI