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Page 1 of 28
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FOREST SERVICE HANDBOOK
PACIFIC NORTHWEST REGION (REGION 6)
PORTLAND, OREGON
FSH 2409.15 – TIMBER SALE ADMINISTRATION HANDBOOK
CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
Supplement No.: R6/PNW-2409.15-2008-3
Effective Date: October 27, 2008
Duration: Effective until superseded or removed
Approved: Lisa E. Freedman
Acting Deputy Regional Forester
Date Approved: 10/27/2008
Posting Instructions: (Regional Supplements are printed on blue paper.) 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 R6 supplement to this handbook was R6 2409.15-2008-2 to
Chapter 10.
New Document(s):
2409.15, 61 - 63
28 Pages
Superseded Document(s):
R-6 Supplement No. 2409.15-92-12 (shows
91-12 in header), dated 9/30/92
R-6 Supplement No. 2409.15-92-13, dated
9/30/92
12 Pages
11 Pages
Digest:
Clarifies and updates direction to the latest contract versions, including FS-2400-13/13T.
60.42 Deletes responsibilities of Contracting Officer, these are addressed in FSM 2404.
61a Describes pre-op meeting.
61.11c Adds description of protection measures.
61.2 Adds underlying cause.
R6 SUPPLEMENT FSH 2409.15-2008-3
EFFECTIVE DATE: 10/27/2008
DURATION: Effective until superseded or removed
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FSH 2409.15 – TIMBER SALE ADMINISTRATION HANDBOOK
CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
61.2a Adds release for cutting timelines.
61.21a Adds technical proposal requirements.
61.22 Clarifies need for operating schedule.
61.24 Defines OSHA responsibilities and administration of hazards.
61.25 Clarifies cleanup responsibilities.
61.25a Clarifies notifications requirement.
61.26b Standardizes form for documentation and clarifies standard of documentation.
61.26c Adds equipment cleaning.
61.31b Adds designation to stump heights and considerations for safe operations.
61.31c Clarifies bucking includes processors and refines acceptable bucking practices.
61.32 Refines substitution and disturbed definition.
61.32b Describes volume requirements for landings and skid trails and landing requirements.
61.42 Clarifies requirements by purchaser and performance standards.
61.42b Makes distinction of activities between temporary and level 1 roads.
61.5 Revises slash requirements and purchaser expectations.
61.6 Refines scaling types.
61.62 Reference to Accountability Action Plan added and defines scaling location.
61.64 Updates accountability requirements and procedures.
61.64a Refines route of haul requirements.
61.65 Adds definition of sample load selected for scaling.
61.65a Deleted due to provision deleted.
R6 SUPPLEMENT FSH 2409.15-2008-3
EFFECTIVE DATE: 10/27/2008
DURATION: Effective until superseded or removed
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FSH 2409.15 – TIMBER SALE ADMINISTRATION HANDBOOK
CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
62.12c Revises requirements due to revised provision.
62.12g Revises requirements due to revised provision.
62.13 Defines intent of provision and describes authority to issue waivers or substitute
precautions.
62.14 Adds requirement for documentation and securing point of origin of fires.
62.22 Clarifies term adjustments and CTA basis.
62.22c Adds requirement for MRCTA.
62.22d Adds requirements for termination.
62.22e Adds requirements for expenses.
62.24 Revises purchaser responsibility.
63.1 Adds requirements for contract obligations for remaining work.
63.2 Revises requirements to align with Civilian Board of Contract Appeals requirements.
63.3 Clarifies breach procedures.
63.5a Clarifies timelines for contract closure.
R6 SUPPLEMENT FSH 2409.15-2008-3
EFFECTIVE DATE: 10/27/2008
DURATION: Effective until superseded or removed
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CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
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R6 SUPPLEMENT FSH 2409.15-2008-3
EFFECTIVE DATE: 10/27/2008
DURATION: Effective until superseded or removed
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FSH 2409.15 – TIMBER SALE ADMINISTRATION HANDBOOK
CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
TABLE OF CONTENTS
61 - OPERATIONS PROVISIONS .................................................................................. 7
61a - Representatives (B/BT6.1 and G/GT.1) ........................................................................ 7
61.1 - Improvements (B/BT6.2 and G/GT.2) ............................................................................. 7
61.11 - Protection of Improvements ....................................................................................... 7
61.11a - Protection of Land Survey Monuments (B/BT6.23 and G/GT.2.3) ......................... 7
61.11c - Protection Measures Needed for Plants, Animals, Cultural Resources, and Cave
Resources (B/BT6.24 and G/GT.2.4) ......................................................................... 7
61.2 - Control of Operations (B/BT6.3 and G/GT.3) ................................................................. 8
61.21 - Plan of Operations (B/BT6.311) ................................................................................. 8
61.21a - Inclusion of Technical Proposal (G/GT.3.1.1).......................................................... 8
61.22 - Operating Schedule (B/BT6.31 and G/GT.3.1) .......................................................... 8
61.23 - Protection of Residual Trees (B/BT6.32 and G/GT.3.2) ............................................ 9
61.24 - Safety (B/BT6.33 and G/GT.3.3) ............................................................................... 9
61.25 - Sanitation and Servicing (B/BT6.34 and G/GT.3.4) .................................................. 9
61.25a - Prevention of Oil Spills (B/BT6.341 and G/GT.3.4.1) ........................................... 10
61.26 -Acceptance of Work (B/BT6.35) ............................................................................... 10
61.26b - Periodic Inspections ................................................................................................ 10
61.26c - Equipment Cleaning (B/BT6.35 and G/GT.3.5) ..................................................... 10
61.3 - Conduct of Logging (B/BT6.4 and G/GT.4). ................................................................. 11
61.31 -Felling and Bucking (B/BT6.41) ............................................................................... 11
61.31b - Stump Heights (B/BT6.412, G/GT.4.1.2, A/AT6 and A/AT.6) ............................. 11
61.31c - Bucking Lengths & Felling and Bucking (BT6.41, B6.413, GT.4.1, G.4.1.3, A/AT2
and A/AT.2) .............................................................................................................. 11
61.31d - Limbing (B6.414/BT6.413 and G.4.1.4/GT.4.1.3) ................................................. 11
61.32 - Skidding and Yarding (B/BT6.42 and G/GT.4.2) .................................................... 11
61.32b - Landings and Skid Trails (B/BT6.422 and G/GT.4.2.2) ........................................ 12
61.32c - Skidding on Roads (B/BT6.423 and G/GT.4.2.3) .................................................. 13
61.4 - Protection of Soil and Water Quality ............................................................................. 13
61.41 - Stream Course Protection (B/BT6.5 and G/GT.5) ................................................... 13
61.42 - Erosion Prevention and Control (B/BT6.6 and G/GT.6) .......................................... 13
61.42a - Meadow Protection (B/BT6.61 and G/GT.6.1) ...................................................... 14
61.42b - Temporary Roads (B/BT6.63 and G/GT.6.3) ......................................................... 14
61.42d - Skid Trails and Fire Lines (B/BT6.65 and G/GT6.5) ............................................. 14
61.42e - Current Operating Areas (B/BT6.66 and G/GT.6.6) .............................................. 14
61.5 - Slash Disposal (B/BT6.7, G/GT.6.7, C/CT6.7 and K-G/KT-GT.7) ............................... 14
61.6 - Scaling (B6.8, A9, A10, G.8, A.9 and A.10).................................................................. 15
61.62 - Presentation for Scaling (B6.82 and G.8.2) .............................................................. 15
61.64 - Accountability (B6.84/CT6.84 and G.8.4/KT-GT8.1.1) .......................................... 16
61.64a - Route of Haul (B6.841 and G.8.4.2) ....................................................................... 19
61.65 - Scaling Lost Products ............................................................................................... 19
61.65b - Scaling Lost Sample Loads (B6.851 and G.8.5.1) ................................................. 19
R6 SUPPLEMENT FSH 2409.15-2008-3
EFFECTIVE DATE: 10/27/2008
DURATION: Effective until superseded or removed
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FSH 2409.15 – TIMBER SALE ADMINISTRATION HANDBOOK
CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
62 - FIRE PRECAUTION, FIRE CONTROL, AND OTHER CONDITIONS CONTRACT
PROVISIONS ..................................................................................................... 20
62.1 - Fire Precautions and Control .......................................................................................... 20
62.11 - Plans (B/BT7.1-H/HT.1) .......................................................................................... 20
62.12 - Precautions (B/BT7.2) .............................................................................................. 20
62.12a - Inspection Standards ............................................................................................... 20
62.12b - Serviceability Standards ......................................................................................... 20
62.12c - Cable Logging System Requirements ..................................................................... 21
62.12f - Spark Arresters ........................................................................................................ 21
62.12g - Tank Trucks and Trailers ........................................................................................ 21
62.12h - Fire Security ........................................................................................................... 21
62.12j - Blasting .................................................................................................................... 22
62.12l - Oil Filters and Glass Jugs ........................................................................................ 22
62.13 - Emergency Precautions (B/BT7.22 and H/HT.2.2) .................................................. 22
62.14 - Fire Control (B/BT7.3 and H/HT.3) ......................................................................... 23
62.2 – Other Conditions ............................................................................................................ 23
62.22 - Period of Contract (B/BT8.2 and I/IT.2) .................................................................. 23
62.22c - Market-Related Contract Term Addition (B/BT8.212 and I/IT.2.1.2) ................... 24
62.22d - Termination by Forest Service (B/BT8.341 and I/IT.3.4) ...................................... 24
62.22e - Out-of-Pocket Expenses (B/BT8.35 and I/IT.3.5) .................................................. 24
62.24 - Sale of Other Materials (B/BT8.5 and I/IT.5) .......................................................... 24
63 - PERFORMANCE AND SETTLEMENT ................................................................. 25
63.1 - Performance Bond (B/BT9.1 and J/JT.1) ....................................................................... 25
63.2 - Disputes (B/BT9.2 and J/JT.2) ....................................................................................... 25
63.3 - Breach (B/BT9.3 and J/JT.3) .......................................................................................... 27
63.3a - Not-In-Compliance vs. Breach ................................................................................. 27
63.31 - Suspensions .............................................................................................................. 28
63.5 - Settlement (B/BT9.5 and J/JT.5) .................................................................................... 28
63.5a - Contract Closure (B/BT9.6 and J/JT.6) .................................................................... 28
R6 SUPPLEMENT FSH 2409.15-2008-3
EFFECTIVE DATE: 10/27/2008
DURATION: Effective until superseded or removed
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FSH 2409.15 – TIMBER SALE ADMINISTRATION HANDBOOK
CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
61 - OPERATIONS PROVISIONS
“Purchaser” in this Supplement refers to the Contractor on FS-2400-13/13T contracts, and to the
Timber Sale Purchaser on FS-2400-6/6T and other timber sale contracts.
61a - Representatives (B/BT6.1 and G/GT.1)
The pre-operations meeting is an ideal opportunity to assure that representatives are designated.
Emphasize necessity for Purchaser’s representative to notify Forest Service at least 2 work days
in advance of any operations beginning on the Sale Area.
61.1 - Improvements (B/BT6.2 and G/GT.2)
61.11 - Protection of Improvements
61.11a - Protection of Land Survey Monuments (B/BT6.23 and G/GT.2.3)
It is the responsibility of the Forest Service to appropriately designate all known survey
monuments on the ground.
Unknown and unmarked survey monuments found before or during operations shall be marked
and made known to the Purchaser.
61.11c - Protection Measures Needed for Plants, Animals, Cultural Resources,
and Cave Resources (B/BT6.24 and G/GT.2.4)
Special measures for protection of known locations of plant and animal species, cave and
cultural resources protected under these provisions must be detailed as specific requirements
listed under provisions C/CT6.24# and K-G/KT-GT.2.4#.
Plant and animal species protected under these provisions must be on a federal list of protected
species at the national or regional level, or have been determined as needing special protection
measures through NEPA analysis and decision by a forest line officer (Responsible Official).
Additional areas and/or additional species discovered or identified, or protective measure(s) that
are revised or newly prescribed after contact advertisement that require delay, interruption of
operations and/or contract modification will follow B/BT8.33 and I/IT.3.3, and will include line
officer involvement. Remedy will be borne primarily by benefiting function.
Cultural resource sites should not be identified on the Sale/Contract Area Map as cultural
resources, but may be identified generically as areas to protect. The sites should be marked on
the ground. The purchaser may be provided with a separate cultural resource site map to
increase protection of the site and must keep this potentially sensitive information secure. Most
maps containing sensitive cultural resource or cave resource information are exempt from
disclosure under the Freedom of Information Act.
R6 SUPPLEMENT FSH 2409.15-2008-3
EFFECTIVE DATE: 10/27/2008
DURATION: Effective until superseded or removed
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CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
61.2 - Control of Operations (B/BT6.3 and G/GT.3)
The Forest Service Representative (FSR) and Sale/Contract Administrator have two roles
regarding the control of operations; 1) To assure that the Purchaser's Representatives are
fulfilling their contractual responsibility for on-the-ground supervision, as required by the terms
and conditions of the Timber Sale/Integrated Resource Contract, and 2) to assure that the Forest
Service responsibilities are fulfilled in a timely manner.
When a purchaser breaches the contract, or is otherwise not complying with terms and conditions
of the contract, the underlying cause is usually a problem with control of operations.
Payment Units “Released for Cutting” on a timber sale shall not exceed what can be cut and
removed by Purchaser within 60 days, at Purchaser’s normal rate of logging. Do not release
Payment Units for cutting without reliable assurance, by a current Operating Schedule for
example, that Purchaser intends to operate on those Payment Units within 60 days of Release.
61.21 - Plan of Operations (B/BT6.311)
Provision B/BT6.311 requires a written plan of operation be submitted within 60 days of award
of the sale, for approval by the FSR. This plan is separate, but is coordinated with the annual
operating schedule, required by B/BT6.31. The plan of operation is intended to provide a plan
for the orderly harvest of timber, within the time constraints of the Timber Sale Contract. Failure
to provide the plan is a breach of contract. A revision shall be requested if operations deviate
significantly from the current plan of operations.
61.21a - Inclusion of Technical Proposal (G/GT.3.1.1)
Provision G/GT.3.1.1 requires all elements of the accepted Technical Proposal to become part of
the contract, upon execution of the contract. Failure to operate as provided is a breach of
contract. Any deviations require a revision subject to approval by the Contracting Officer (CO).
61.22 - Operating Schedule (B/BT6.31 and G/GT.3.1)
The schedule should indicate the timing of major activities for an operating season.
The schedule is required prior to the start of annual operations. Updated schedules are required
when the field operations differ substantially from the schedule on file.
Scheduled operations are a component for consideration of Contract Term Adjustment
(B/BT8.21 and I/IT.2.1).
A pre-operations meeting of the key Forest Service and purchaser personnel should be held, prior
to the start of work, with the purpose of assuring a common understanding of the contract
requirements and for obtaining needed agreements and plans.
R6 SUPPLEMENT FSH 2409.15-2008-3
EFFECTIVE DATE: 10/27/2008
DURATION: Effective until superseded or removed
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FSH 2409.15 – TIMBER SALE ADMINISTRATION HANDBOOK
CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
61.23 - Protection of Residual Trees (B/BT6.32 and G/GT.3.2)
Sale/Contract Administrators must be aware of the overall sale objectives, including the
silvicultural prescription, in order to determine if the residual stand has been adequately
protected.
Protection of residual trees under these provisions should not be confused with the requirements
to protect specific reserve trees under provisions C/CT2.3# and K-C/KT-CT.3#.
61.24 - Safety (B/BT6.33 and G/GT.3.3)
Washington Department of Labor and Industry, Oregon OSHA, and Federal OSHA officials are
responsible for enforcement of State and Federal health and safety standards on most Forest
Service contracts in Oregon and Washington. Sale/Contract Administrators are not enforcement
agents for these agencies.
Sale/Contract Administrators shall assure that purchaser’s operations provide safe conditions for
official duties done on the sale/contract area. In addition, purchaser has obligation to comply
with state and federal safety requirements for purchaser’s employees, including subcontracted
employees.
Administrators should require the purchaser to mitigate hazards that are in areas where they
conduct official duties. Administrators should require purchasers or operators to immediately
mitigate “imminent danger” hazards under their responsibility. If the imminent dangers are not
immediately mitigated, operations should be suspended until the hazard is properly dealt with.
If hazards continue at an unacceptable level, or are not resolved by dialogue with the purchaser,
reports should be made to the CO for consideration of notifying the appropriate industrial safety
officials.
Sale/Contract Administrators and FSRs must have a Job Hazard Analysis which covers all
aspects of every timber sale on which the person is working. The Job Hazard Analysis is to be
immediately available to every employee involved in contract administration.
61.25 - Sanitation and Servicing (B/BT6.34 and G/GT.3.4)
Burial of refuse should not be permitted on National Forest Lands.
Provisions require purchaser to conduct cleanup and restoration of site if operations result in
pollution to soil or water.
R6 SUPPLEMENT FSH 2409.15-2008-3
EFFECTIVE DATE: 10/27/2008
DURATION: Effective until superseded or removed
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FSH 2409.15 – TIMBER SALE ADMINISTRATION HANDBOOK
CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
61.25a - Prevention of Oil Spills (B/BT6.341 and G/GT.3.4.1)
This provision requires that preventative measures be taken to prevent oil spills from entering
water. A plan is required if the storage limits are met. The Sale/Contract Administrator shall be
familiar with the Spill Prevention Plan on contracts where it is required, as well as the Forest
Spill Plan. If a spill occurs, the Sale/Contract Administrator shall follow-up to ensure the spill is
handled correctly and in a timely manner, and that the proper, appropriate notifications have
been made.
61.26 -Acceptance of Work (B/BT6.35)
61.26b - Periodic Inspections
In order to foster the purchaser's supervision of the operations and of the contract requirements,
the Sale/Contract Administrator should avoid repeated inspections of the same area. Repeated
inspection of an area of work is an indication of a lack of purchaser supervision. Periodic
inspections should be done for the benefit of the Forest Service. Guard against “supervising”
purchaser operations.
The importance of clear, concise documentation that references specific contract provisions
cannot be overemphasized. Failure to record and inform purchasers of unacceptable work, in a
timely manner, has been interpreted in appeals and court actions as "implied acceptance". This is
especially true in road construction under the contract; the Government cannot require work to
be done (or redone) to meet contract specifications after the fact.
Documentation of unacceptable work is required, as well as follow-up inspection and
documentation of corrective measures taken.
Acceptance of work and acceptance of units must be timely and documented.
The Timber Sale Inspection Report (TSIR), R6-FS-2400-131, is the standard form for
documentation of all contract inspections. The TSIR must be filled out in the field, discussed
with and signed by a purchaser’s representative at the time of inspection; this is a Regional
standard.
61.26c - Equipment Cleaning (B/BT6.35 and G/GT.3.5)
The Provisions require that areas infested with invasive species of concern be shown on the Sale
Area Map.
The provisions list specific equipment that is excluded from the cleaning requirements.
Documentation of each item in the Provision is critical to assure compliance.
R6 SUPPLEMENT FSH 2409.15-2008-3
EFFECTIVE DATE: 10/27/2008
DURATION: Effective until superseded or removed
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FSH 2409.15 – TIMBER SALE ADMINISTRATION HANDBOOK
CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
Assure purchaser provides the two-day inspection period, unless otherwise agreed. Do not delay
purchasers operations by unilaterally extending the two-day inspection period.
61.3 - Conduct of Logging (B/BT6.4 and G/GT.4).
61.31 -Felling and Bucking (B/BT6.41)
61.31b - Stump Heights (B/BT6.412, G/GT.4.1.2, A/AT6 and A/AT.6)
When stump diameters are used to designate ‘cut’ or ‘leave’ trees, a minimum stump height must
be specified; this allows post cutting accountability determinations to be made for included
timber.
Stump heights other than those specified may be approved, to provide for safe operations.
When recut stumps are to be presented for scaling, the FSR shall revise the Scaler's Information
Form (R6-FS-2400-29) for scaling substandard lengths.
61.31c - Bucking Lengths & Felling and Bucking (BT6.41, B6.413, GT.4.1, G.4.1.3,
A/AT2 and A/AT.2)
The standard for bucking is "to the closest two feet of merchantable wood". Proper bucking
requires cutting into breaks to produce logs in two foot multiples, as long as the end of the log
meets the defect percentage in A2 and A.2 of the contract; cuts should be less than 2 feet from
the center of the break, if the piece meets the contract defect rate at that point.
Require fallers to cut into the bole at 2-foot intervals from the stump cut, severing the butt
completely at the first cut where there is merchantable wood, per A2 and A.2. Assure bucking
by processors is to standard, similar to hand bucking.
“Cleaning” up butts, bucking off butt swell, cutting ‘cookies’, or other bucking practices to
achieve ‘preferred logs’ generally does not meet utilization standards and is not acceptable,
unless specifically authorized.
61.31d - Limbing (B6.414/BT6.413 and G.4.1.4/GT.4.1.3)
While limbing is normally required to protect residual trees, limbing should also be required
under other provisions to protect resources, as needed.
61.32 - Skidding and Yarding (B/BT6.42 and G/GT.4.2)
Under "Yarding/Skidding Requirements” (C/CT6.42# and K-G/KT-GT.4.2#), agreement for
changes or substituting of requirements shall be in writing and done only within parameters of
the NEPA decision. Costing of changes must be considered. Changes may affect slash disposal
requirements, reference section 61.5.
R6 SUPPLEMENT FSH 2409.15-2008-3
EFFECTIVE DATE: 10/27/2008
DURATION: Effective until superseded or removed
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CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
When the cost of the substituted system is substantially less than the prescribed system, an
adjustment will be made to the timber sale account to capture the value of the change. When the
purchaser requests a substituted system with a cost that is substantially more than the prescribed
system, purchaser must bear the costs; no changes will be made to the account.
Skidding and yarding is one of the most difficult sale operations to conduct within allowable
resource damage constraints. Inadequate administration of this operation can result in serious
damage to basic resources within a very short period of time. To effectively lessen this potential,
the Sale/Contract Administrator will coordinate the presale needs, operating schedule, and the
pre-operations meeting with the log removal operation. Normally, less than 20 percent of the
ground within cutting units should be disturbed, including landings and temporary roads, if skid
trails or corridors are located properly. "Disturbed" means areas where the soils have been
detrimentally compacted, displaced, puddled, or severely burned. The purchaser will closely
supervise this operation to protect the resources.
61.32b - Landings and Skid Trails (B/BT6.422 and G/GT.4.2.2)
The provisions require the Forest Service to agree to locations (i.e. “approve”), but does not
obligate the Forest Service to participate in the location of landings and skid trails although, at
times, it may be expedient to do so. Landing perimeters should be designated by some method
that will remain after logging: flagging; paint; staking; and so forth. When considering the size
and location of landings, unlimited log storage is normally not provided. Requirements to yard
slash or on-landing processing will require larger sized landings.
The provision requires agreement on location of all tractor roads and skid trails. The terms
"tractor roads" and "skid trails" are defined in the parent text in 61.32b. The location of any area
used for the operation of equipment must be agreed upon. However, notwithstanding B/BT6.422
and G/GT4.2.2, skid trail location for individual logs lined to tractor or skyline roads do not need
to be agreed to. Construction of tractor roads is considered to occur when the agreed upon
location is suitable for skidding.
R-6 Supplement to FSM 2521.1 and individual Forest Plans address the maximum amount of
soil damage that is acceptable. Regional standards require that no more than 20 percent of a
harvest unit be impacted by all sale and post sale activities. The Sale Administrator must
consider the impact of past and future activities and keep the current amount of disturbance to a
minimum. Approval of landing and skid trail locations shall consider erosion prevention and
stream course protection measures.
Provisions B2.37 and C.3.7, ‘Minor Changes’, and BT2.37 and CT.3.7, ‘Designation Changes’,
will be utilized to add and/or delete operational-related volume, such as in landings and skid
trails.
When Provisions BT2.322 and CT.3.2.2, ‘Other Authorized Clearings’, are utilized to designate
timber for cutting, the quantities must be determined and added.
R6 SUPPLEMENT FSH 2409.15-2008-3
EFFECTIVE DATE: 10/27/2008
DURATION: Effective until superseded or removed
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FSH 2409.15 – TIMBER SALE ADMINISTRATION HANDBOOK
CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
61.32c - Skidding on Roads (B/BT6.423 and G/GT.4.2.3)
The end objective of such an agreement is that roads used for skidding are to be returned to their
original, pre-skidding, condition.
61.4 - Protection of Soil and Water Quality
61.41 - Stream Course Protection (B/BT6.5 and G/GT.5)
The Sale/Contract Administrator must determine what contractual requirements should be
applied, to provide adequate protection and rehabilitation for stream courses.
Technical resource specialists should be consulted regarding how much, if any, debris needs to
be removed or left in place.
61.42 - Erosion Prevention and Control (B/BT6.6 and G/GT.6)
Care should be taken to carefully review each contract to determine requirements. In all cases it
is important, before operations begin, that both parties have a clear understanding of what is
excessive damage and of the conditions under which excessive damage is likely to result. Both
parties should recognize that cable yarding is expected to create a minimal amount of soil
erosion. Excessive damage can still occur, even though the total amount of disturbed ground is
less than experienced on tractor operations.
Provisions C/CT6.6# and K-G/KT-GT.6.0# provide for other methods of designating the
locations of water bars, if it is agreed that the location can be established without marking on the
ground.
Where soil has been disturbed or displaced by Purchaser’s operations, and where measures
described in B/BT6.6 and G/GT.6 will not result in satisfactory erosion control, Provisions
C/CT6.6# and K-G/KT-GT.6.0# may require seed, fertilizer, mulch applications and/or
scarification.
Agreement for alternate measures or waiver of required erosion control or soil treatment
measures, such as seeding, scarification or sub soiling, will not occur without consideration of
resource implications. Changes in these requirements generally require appropriate adjustments
for costs. Typically, cost adjustments are based on those values costed in the appraisal. The
adjustments must be shown as debits or credits to the timber sale account in the month when the
adjustment is agreed to.
Except for breach and suspension for failure to meet due dates and control of operations,
suspension by Forest Service can happen only after damage occurs. Preemptive suspension for
damage because it may, can, will or probably will occur is a breach of contract by the Forest
Service.
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61.42a - Meadow Protection (B/BT6.61 and G/GT.6.1)
The term "meadow" is considered to include those areas classified as "dry meadows" and they
shall be protected, as required by the contract.
61.42b - Temporary Roads (B/BT6.63 and G/GT.6.3)
This provision does not provide for a waiver of the required closure and stabilization work. Sale
Administrators shall administer the contract as written. Those roads intended for continuous use
or intermittent future service, including sale generated use, shall be specified roads.
Notwithstanding B/BT6.631 and G/GT.6.3.1, other roads will be temporary and will not be
retained after purchaser use.
The temporary roads provisions are not to be utilized for administering activities related to
maintenance level 1 roads.
61.42d - Skid Trails and Fire Lines (B/BT6.65 and G/GT6.5)
The Sale/Contract Administrator shall obtain effective erosion control measures on the ground
through the administration of the timber sale contract.
61.42e - Current Operating Areas (B/BT6.66 and G/GT.6.6)
Provisions C/CT6.6# and K-G/KT-GT.6.0#, ‘Erosion Control and Soil Treatment by Purchaser’,
specifies that erosion control work will be completed by September 15 where operations have
been completed. On operations completed after September 15, erosion control work will be
accomplished as promptly as practical.
61.5 - Slash Disposal (B/BT6.7, G/GT.6.7, C/CT6.7 and K-G/KT-GT.7)
Slash treatment requirements as shown in C/CT6.7# and K-T/KT-GT.7.4#, and on the Area Map,
are specific to the contract and must be administered as included in the contract unless contract
modifications, changes, substitute measures, or waivers have been properly coordinated, written,
and executed by the authorized sale officer.
Alternate measures or waiver of required slash treatment measures will not occur without
consideration of resource implications and appropriate adjustment for costs. Alternate
measures/waivers can only be agreed to for a unit prior to start of timber cutting in that unit. The
adjustments must be shown as debits or credits to the timber sale account in the month when the
adjustment is agreed to.
Localized spot markets for material historically considered slash may occur during a period of
the contract. Such material may be removed when determined appropriate under NEPA
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consideration, when agreed to under B/BT3.41, ‘Material (and Quantities) Not in A(AT)2’ and
D.4.1/DT.4.1, ‘Material (and Quantities) Not in A(AT).2’.
Any change in contractual requirements that reduce or void planned and costed activities in the
approved Brush Disposal Plan require a corresponding adjustment in the BD trust fund to
transfer collected funds represented by the reduced or voided activities to NFF, per FSM 2431.1.
Purchaser is obligated to dispose of slash that has been generated by purchaser’s operations
(“activity fuels”); pre-existing slash is specifically excluded by the BD Authorization Act. The
Brush Disposal Plan can only collect deposits to reduce slash generated by purchaser’s
operations under the current contract. BD funds can only be expanded for the activities
described in the BD Plan and only on the contract area from which they were collected.
Complete disposal of activity fuels is inappropriate in most cases, as large and small residual
material is critical for other resource needs, such as nutrient recycling, ground cover, and micromacro habitat for plants and animals.
Slash Treatment Requirements listed in contracts are occasionally unattainable. An example of
this is a requirement for handpiles to be 20 feet from residual trees in a thinning with 18 foot tree
spacing. Changes must be made to the Requirements.
61.6 - Scaling (B6.8, A9, A10, G.8, A.9 and A.10)
Scaling, as described in B6.8 and G.8, includes any method of volume determination used on
FS-2400-6 Timber Sale Contracts and FS-2400-13 Integrated Resource Contracts, including
weight and load count.
61.62 - Presentation for Scaling (B6.82 and G.8.2)
There are a few exceptions to the log branding and painting requirements of B6.842 and G.8.4.2.
These are described in the R-6 Supplement to this handbook in section 27.11.
Random, unannounced, load-accountability checks for proper branding, painting, and use of
Product Removal Permits (load tickets) shall be made on all active timber sales. The frequency
and number of checks should be commensurate with the level of logging activity and risk of
theft/loss for the individual sale. Standards are described in the Region’s Timber Product
Accountability Action Plan.
Load accountability checks shall be summarized and records kept showing that all sales are
being checked.
When a decision is made to implement the terms of B3.47 and D.4.7, ‘Defect Caused by
Abnormal Delay (by Purchaser)’, the FSR must prepare an amended R6-FS-2400-29 Scaler
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Information Form and notify the appropriate contract scaling/third party scaling organization,
prior to hauling the affected volume. R-6 Supplement to FSH 2409.15, Ch. 27.11 outlines the
procedures for preparing and processing the scaler information form.
The scaling location is the physical location where the volume is determined, such as the roll out
yard or weighing scales, or where the load is counted.
61.64 - Accountability (B6.84/CT6.84 and G.8.4/KT-GT8.1.1)
It is important for all sale officers to ensure that the Government interests are protected and
receives full value for timber and products removed. (See also Pacific Northwest Region Timber
Product Accountability Action Plan.)
1. Timber Theft. Forest Supervisors shall ensure integration between timber
management and law enforcement functions on active contracts with timber harvest. Sale and
Contract Administration personnel must complete periodic formal theft prevention training.
2. Product Removal Permits. Product Removal Permits (load tickets) are required on all
trucks hauling trees and portions of trees (including logs and chips) from the Sale/Contract Areas
of Tree Measurement and Scaled sales/contracts.
The front cover of the Product Removal Permit Book must be stamped with the address of the
issuing location (control register). The books are returned to that location, for reconciliation with
the register.
The individual Product Removal Permits must be stamped with, and the permits sent to, the
address where the Timber Sale Account/Integrated Resource Account is processed. This is
usually where the Financial Assistant/Resource Clerk resides.
Product Removal Permits books may be destroyed periodically, but only after successful
reconciliation and audit of the control register.
3. Scaling Information Form. No hauling shall begin on scaled sales until the scaler at
the scaling site(s) have received an appropriately completed and signed R6-FS-2400-29, ‘Scaling
Information Form’.
4. Alternate Scaling Agreements. All contracts that require scaling shall list a physical
site and geographical location accessible to any purchaser. This is listed in A10 of the Timber
Sale Contract and A.10 of the Integrated Resource Contract. All timber shall be scaled at this
designated site, unless Purchaser requested and the CO approved alternate scaling site(s). The
number of alternate sites shall be limited to the number of sites that can be monitored properly,
to maintain log accountability.
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Scaling at a location other than the A10 and A.10 scaling site is a privilege, and not a contractual
right or guarantee. Purchaser's request for scaling sites, other than the one in A10 and A.10,
need to be in writing. The CO shall review the request. If approved, the CO shall prepare an
Alternate Scaling Site Authorization for the purchaser's signature. The Alternate Scaling Site
Authorization is specific to the sale involved and is not the same as the Yard or Truck Ramp
Agreement.
If the purchaser fails to follow the Alternate Scaling Site Authorization, appropriate and
immediate action shall be taken. This may include the cancellation of the Authorization.
When evaluating the purchaser's request to scale at a site outside the scaling zone, the above
stated conditions will be met as well as the following conditions:
a. Personnel are available to administer the increased workload of assuring log
accountability imposed by scaling out of zone.
b. Purchasers may be billed for the additional direct costs (if any) to administer the log
accountability provisions of that specific Timber Sale Contract or Integrated Resource
Contract. Unused funds must be returned to Purchaser prior to sale closure.
5. Weighing Services Agreement. For weight sales, enter the following statement in
A10 of the FS-2400-6 Timber Sale Contract, and in the General section of the Prospectus, for
sales to be weighed; “Purchaser shall request an alternate scaling site per B6.811 which meets
the requirements contained in B6.814”.
For Integrated Resource Contract weight sales, enter the following statement in A.10 of the
FS-2400-13 contract, and in the General section of the Request for Proposals, for projects to be
weighed; “Purchaser shall request an alternate scaling site per G.8.1.1 which meets the
requirements contained in G.8.1.4”.
All timber sale and integrated resource contracts with weight as the method of scale must have a
Weighing Services Agreement executed for each facility providing weighing services.
6. Same Day Scale. It is the intent to scale all loads the same day they are loaded and
hauled. Logs shall be scaled during the daylight period on the date they were removed from the
Timber Sale/Contract Area, hauled and delivered to the approved scaling location.
Loads that do not arrive at the scaling location on the same day they were loaded shall be dealt
with under the timber sale contract.
The CO may approve departures from the same day scale policy for specific situation(s) if
accountability can be assured. An example is when same day scale cannot be met due to long
hauls. Circumstances wherein the CO, after a risk assessment, determines that it is appropriate to
“overnight” loads, the CO will pre-approve a specific location and specific terms, conditions, and
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requirements for security of these loads in the approval document. Administration and
accountability of the approved overnight location will increase the workload on the Forest
Service, and any deviations must be dealt with immediately.
7. Scaling Location Security for Logs Not Same Day Scaled. When loads requiring
scaling are delivered to the scaling location and cannot be scaled during the daylight period on
the date hauled and delivered, they shall be scaled during the next daylight period that scaling
services are available. Loads shall be secured to maintain load integrity until released for scaling.
The security of loads delivered to the scaling location that cannot be scaled on the same day as
hauled should use one of the following methods (also in the yard or truck agreements):
a. For Loads Remaining on Trucks.
(1) Trucks shall be parked in Forest Service approved areas.
(2) All logs in the load shall be immediately secured by at least one sealed binder.
(Loads with short logs may require multiple binders.) Binder movement must be
restricted to prevent breaking the seal.
(3). An individual named in writing, other than the truck driver, shall seal the
binder(s) and record the information on the Overnight Load Control Record.
(4). Such loads shall remain sealed on the truck until released for scaling by the
TPSO scaler (or Forest Service when necessary). The person releasing the loads for
scaling shall complete the Overnight Load Control Record and mail daily, as directed
by Forest Service.
b. For Loads to be Removed as a Unit:
(1) Prior to unloading, all logs shall be immediately secured by at least one sealed
binder. (Loads with short logs may require multiple binders.) Binder movement
must be restricted to prevent breaking the seal.
(2) Loads shall be unloaded in a Forest Service approved area and placed into
stationary bunks.
(3) An individual named in writing, other than the truck driver, shall seal the
binder(s) and record the information on the Overnight Load Control Record.
(4) Such loads shall remain sealed and in stationary bunks until released for scaling
by the TPSO scaler (or Forest Service when necessary). The person releasing loads
for scaling shall complete the Overnight Load Control Record and mail daily, as
directed by Forest Service.
c. For Loads Which Cannot Be Removed as a Single Unit:
(1) A TPSO scaler shall observe the placement of all logs from the truck into the
stationary bunks.
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(2) Loads shall be unloaded in a Forest Service approved area and placed into
stationary bunks.
(3) All logs in the bunk will be tightly bound and immediately secured by a sealed
binder. (Loads with short logs may require multiple sealed binders.) Binder
movement must be restricted to prevent breaking the seal.
(4) Binders shall be sealed by the TPSO scaler observing the placement of logs in the
bunk.
(5) TPSO scaler shall complete the Overnight Load Control Record for loads
delivered.
(6) Such loads shall remain sealed and in stationary bunks until released for scaling
by the TPSO scaler (or Forest Service when necessary). Person releasing loads for
scaling shall complete Overnight Load Control Record and mail daily, as directed by
the Forest Service.
d. Seals and Daily Mailing of Overnight Control Record:
(1) Binder seals shall be provided by the Forest Service.
(2) The party with whom the Yard Agreement is made will be responsible for
providing the envelopes and postage costs to daily mail the Overnight Load Control
Record.
8. Intermittent Scaling Service. A purchaser’s request for an intermittent scaling service
may be approved, with prudence.
61.64a - Route of Haul (B6.841 and G.8.4.2)
The provisions require purchaser to provide a map showing the haul route. The map is part of
the contract. Authorized changes on the haul route require an updated haul map.
61.65 - Scaling Lost Products
61.65b - Scaling Lost Sample Loads (B6.851 and G.8.5.1)
On contracts requiring 100% weight, 100% load count or 100% log scale, every load is
considered to be a sample load selected for Scaling by Forest Service.
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62 - FIRE PRECAUTION, FIRE CONTROL, AND OTHER CONDITIONS CONTRACT
PROVISIONS
62.1 - Fire Precautions and Control
Reference the specific provisions for contract administration in this Region.
62.11 - Plans (B/BT7.1-H/HT.1)
Fire plans should emphasize prevention and control and be updated, as needed, to reflect current
operations.
Provisions C/CT7.1 and K-H/KT-HT.1 require purchaser to certify compliance with fire
precautionary measures. Purchaser's compliance with this certification shall be spot checked
periodically. When recertification is required, it is considered to be not compliant with the
certification or fire precautionary provisions. Recertification shall be required for breach of fire
precautionary provisions of the contract. Not complying with certification is evidence of
inadequate purchaser supervision and control of operations.
62.12 - Precautions (B/BT7.2)
62.12a - Inspection Standards
Equipment and precautions will be inspected while operations are in progress to verify
purchaser's certification. Form R6-2400-131 shall be used to document inspections. Inspection
frequency shall be based on fire danger and be frequent enough to assure purchaser's supervision
adequately meets contract requirements. Invite Fire Management Personnel to attend some of
the inspections.
62.12b - Serviceability Standards
The key phrase in the parent text is "…kept in a serviceable condition and shall be readily
available.” It is the purchaser's responsibility to prove the equipment will meet the serviceability
requirement. In the case of a fire start, sale officers should make an immediate check for
serviceability of fire suppression equipment to determine liability under B/BT7.41 and K-H/KTHT.4.1 or B/BT7.42 and K-H/KT-HT.4.2.
The parent text, C/CT7.2 and K-H/K-H.2 under ‘Fire Tools’, does not require a tool box at each
operating landing. A tool box is required to be readily accessible, which means it is within 10
minutes of the landing (round trip).
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62.12c - Cable Logging System Requirements
C/CT7.2K and K-H/KT-HT.2K have different clearing specifications. Sale officers will check
contract specifications to be sure the correct amount of work is done. Each block through which
a running line passes, except at the landing or on a carriage, will have a shovel, axe, and a full
backpack pump. These tools will be serviceable as stated in subsection 62.12b.
Fire retardant blankets have not been effective in preventing burning material from reaching the
ground and should not be approved for use until approved by the Equipment Development
Laboratory.
62.12f - Spark Arresters
C/CT7.2C and K-H/KT-HT.2C require that each internal combustion engine shall be equipped
with a spark arrester. It is the responsibility of the purchaser to prove applicability. All spark
arresters shall meet the qualifications of the National Wildfire Coordination Group Spark
Arrester Guide, published by the San Dimas Equipment Development Laboratory. Equipment is
not approved if it is modified from the configuration that was tested by San Dimas, such as
removal of chain brakes. There are no substitutes for the San Dimas testing.
62.12g - Tank Trucks and Trailers
The intent of C/CT7.2E and K-H/KT-HT.2E is to have a tank truck or trailer (or other water
source and pump) that is effective in suppressing fires. Extra fuel need not be stored on the fire
truck if purchaser has the capability of refueling the pump engine, and the fuel tank is maintained
full under B/BT7.21 and H/HT.2.1. Some types of pumps, tanks, and equipment require
supplies, such as fuel, oil, grease, tools, washers, and so forth.
If the fire suppression equipment fails and the fire escapes control, the purchaser could be found
negligent and liable for all suppression costs. It is important to cover this item thoroughly in a
prework conference.
Falling with feller/bunchers requires a tank truck or trailer to be readily accessible. The
equipment being used is basically skidding equipment and has the same capacity to start a fire as
tractors, skidders, and so forth. Conversely, a tank truck would not be required where tree
pulling is the only operation; the yarder is on a cleared road or landing and line speeds are
usually slow.
62.12h - Fire Security
Provisions C/CT7.2A, C/CT7.22, K-H/KT-HT.2A, and K-H/KT-HT.2.2 require “watchman”
services after the Purchaser's daily operations are stopped.
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Provisions C/CT7.22 and K-H/KT-HT.2.2, ‘Emergency Fire Precautions’ outline the Industrial
Fire Precautions Levels and actions that must be taken by the Purchaser, at each precautions
level.
62.12j - Blasting
C/CT7.2H and K-H/KT-HT.2H permit blasting without Forest Service permission for road
construction or reconstruction.
62.12l - Oil Filters and Glass Jugs
Reference 61.25; burial is not an acceptable practice in Region 6.
62.13 - Emergency Precautions (B/BT7.22 and H/HT.2.2)
Contract Provisions C/CT7.22 and K-H/KT-HT.2.2 establish the Industrial Fire Precautions
Levels for purchaser's operations on the sale area.
Under IFPL III, ‘Partial Shutdown’, the intent is that power saws are restricted throughout the
day except on landings and on active tractor or skidder operations, where the fire can be attacked
quickly. As long as the tractor or skidder is equipped with a blade so fire lines can be
constructed, and it is within the normal skidding distance of 5 minutes of the cutting, cutting may
continue to 1 p.m. This allows cutting to continue when tractors or skidders are working in
adjacent units, but are close enough to effectively control a fire, should one start.
Feller/Bunchers or shears, and so forth, shall be considered "any other spark emitting operation
not specifically mentioned," and are permitted to operate between 8 p.m. and 1 p.m., local time.
Where hauling involves transit through more than one regulated area, the precaution level at the
woods loading site shall govern the level of haul restriction.
Restrictions for loaders apply to self-loading trucks.
The intent of precautionary measures included in the contract are to reduce the risk of fire starts.
When considering requests from purchaser for substitute measures or equipment, or to waive
specific requirements, the risk of potential fire starts must be considered. Input from the local
line officer and fire staff officer should be included in the consideration.
Waivers, or substitute precautions, can only be issued by the CO or the FSR designated for the
sale/contract.
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62.14 - Fire Control (B/BT7.3 and H/HT.3)
Sale/Contract Administration personnel should take early action to fully document purchaser
activities under the contract, related to suppression of fires.
Secure and protect the point of origin of any fire that occurs on the Sale/Contract Area. Fully
document non-purchaser suppression activities, to allow for subsequent cost collections.
Request a fire investigator for any fire caused by humans, or that has a suspicious or unknown
cause.
62.2 – Other Conditions
62.22 - Period of Contract (B/BT8.2 and I/IT.2)
Written notice of time lost is required, in accordance with contract language (B/BT8.21 and
I/IT.2.1). However, when the Forest Service actually knows of the excusable cause and is not
prejudiced by the lack of written notice within the 30 days, the notice requirement should not be
enforced (Comptroller General Decision B167120, August 1, 1960).
Before considering purchaser's request for Contract Term Adjustment (CTA), a current operating
schedule (B/BT6.31 and G/GT.3.1) shall be on file, in all cases. Schedule must show intent of
removing timber from harvest unit (right-of-way timber does not qualify for CTA). Exceptions
may need to be made if the Forest Service has known of and, in effect, has condoned operations
not covered by a current operating schedule.
In the case of multiple sides operating as scheduled, the number of days granted shall be equal to
the number of days of lost time, times the number of sides shutdown, divided by the number of
sides scheduled.
Request for CTA for operations not in compliance with the operating schedule shall be denied.
Lost time should be documented by Sale/Contract Administrator as it occurs.
Permission to delay performance is different from CTA pursuant to B/BT8.23, I/IT.2.3,
B/BT8.33 and I/IT.3.3 because the termination date is not changed. An agreement is made
whereby the purchaser requests, and the Forest Service gives permission, to delay certain work.
CTA to change the contract termination date can only be given for time lost due to circumstances
beyond the purchaser's control.
There is no contractual basis to grant CTA for partial days, i.e. IFPL partial shutdown.
Adjustments to the term date, by MRCTA, CTA, and/or CTE, must be adjusted in the calendar
sequence in which they are “earned”, subject to the protocols, criteria, and limitations of each
adjustment method.
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62.22c - Market-Related Contract Term Addition (B/BT8.212 and I/IT.2.1.2)
CO must notify purchasers when sales qualify for MRCTA.
Contract terms lengthened by MRCTA are limited by provision.
62.22d - Termination by Forest Service (B/BT8.341 and I/IT.3.4)
When contract termination is contemplated, contact the Regional Office Natural Resource Staff
Specialist for Disputes, Claims, Litigation.
Forest Service and Purchaser shall make a good faith effort to find replacement timber or forest
products. Replacement timber or forest products may be outside of the Sale Area, but must be
on same National Forest as the original contract 36 CFR 223.85(c). Replacement timber
described herein is different than ATV replacement timber.
The 15% liquidated damages described will be paid with local funds.
62.22e - Out-of-Pocket Expenses (B/BT8.35 and I/IT.3.5)
When out-of-pocket expenses are contemplated, contract the Regional Office Natural Resource
Staff Specialist for Disputes, Claims, Litigation.
The out-of-pocket expenses described will be paid with local funds.
62.24 - Sale of Other Materials (B/BT8.5 and I/IT.5)
When coordinating the contract of other material with the purchaser, avoid interference with the
purchaser's operations. Examples of interference are: creating slash where purchaser has
disposal responsibility; extra road maintenance; traffic delays; conflicting fire responsibility.
Purchaser shall not be required to do additional work related to the sale of the other materials,
such as slash disposal and road maintenance.
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63 - PERFORMANCE AND SETTLEMENT
63.1 - Performance Bond (B/BT9.1 and J/JT.1)
Conditions for Letters of Credit provided as a performance bond are covered in FSH 6509.11k,
Section 80.
When a contract is approved for operation under a third-party agreement, and a new bond is
furnished, the surety on the original bond will be notified as soon as the third party's bond has
been accepted for use with the contract.
If, during the life of a contract, a new bond is furnished by the purchaser, the previous surety will
be advised that the old bond is not needed on the sale, in respect to performance of the contract,
after the effective date of the new bond.
Address all letters to the purchaser when a bond may be terminated. A signed copy of each letter
shall be sent to the surety. This action may be taken in connection with the closing of contracts
or at other appropriate times.
Forest officers authorized to approve bond reduction requests shall take such an action only after
an itemized listing of the estimated costs of the remaining contractual obligations has been
developed. Such a listing shall normally be prepared and furnished by the FSR. The bond shall
not be reduced below the cost of such work, plus overhead assessment.
Pursuant to B/BT8.2 and I/IT.2, when a purchaser is authorized (in writing) to discharge certain
remaining contractual obligations later than the termination date, a copy of the authorization,
with estimated costs added, can be used to support a bond reduction action; it shall not be below
the cost of the remaining work, plus any overhead assessment, in case the Forest Service needs to
assume responsibility for it.
When the remaining work obligated to be completed is of a bookkeeping nature, for which a
monetary value cannot be calculated, require the retention of a minimum bond amount of $1,000
.
63.2 - Disputes (B/BT9.2 and J/JT.2)
Some claims submitted by purchaser are requests for payment (or other consideration) that are
authorized, or required, by terms and conditions of contract provisions. Resolve these “claims”
promptly at the lowest authorized level.
Claims that are in dispute require action by the CO. Notify the Regional Office Natural
Resources Staff upon receipt of a formal claim. If a resolution cannot be mutually agreed upon
between the Forest Service and the purchaser, a CO’s Final Decision (COFD) must be written
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FSH 2409.15 – TIMBER SALE ADMINISTRATION HANDBOOK
CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
(FSH 2405.15, Ch. 72.3). The Regional Office Natural Resources staffer responsible for claims
and disputes will provide advice in the development and final review of the COFD.
When a dispute cannot be resolved between the Purchaser and the CO, the Purchaser may appeal
the CO decision and the case will proceed to the Civilian Board of Contract Appeals or the
Claims Court. Contact the Regional Office Natural Resources Staff upon receipt of notice that
the purchaser has elevated the COFD. Either the board or court will request, through the Office
of General Counsel, the Forest Service appeal file. Upon receipt of a request for an appeal file,
the CO shall immediately prepare and transmit the original, and two copies, of the appeal file to
the Regional Office Natural Resources Staff. The appeal file shall be bound with all documents
arranged in chronological order, numbered sequentially, and tabbed. Ensure that all documents
are legible.
The appeal file shall be prepared in the following format:
1. Cover Page. Case name, general subject of the appeal. Include name, position,
address, and telephone number of CO.
2. Index. Detailed index of file contents (so that a person unfamiliar with the facts and
file could easily locate a document or exhibit).
3. Statement of Facts. Include a sound general background statement about the nature
of the appeal. For example, a description of the area and its topography, the species, the sale
planning process, the contract basis, the cause, and the present status of the dispute.
4. List of Witnesses. Names and addresses of all persons, whether or not employed by
the agency, who can testify on the Government's behalf. State the official position of each
witness, if any, and their direct connection with the matters in appeal. Also include a brief
summary of the matters about which they may testify.
5. Law, Regulations, and So Forth. All the Federal or State laws, Departmental
Regulations, Executive Orders or Proclamations, Comptroller General's Decisions, and Forest
Service Manual provisions applicable to the case. Include correct citations and attach a copy of
each if possible. Although you can glean much of this from the complaint itself, consultation
with the local office of the General Counsel may be necessary to properly identify the
appropriate laws and regulations.
6. Answers to Complaint or Petition. Comments on each paragraph of the complaint
with the CO's opinion of the facts and allegations stated therein.
7. Appendix. Any statement or document that the CO feels is not adequately discussed
in the above categories.
Additional Documentaion to be included in the appeal file:
8. Decision. The decision from which the appeal is taken.
R6 SUPPLEMENT FSH 2409.15-2008-3
EFFECTIVE DATE: 10/27/2008
DURATION: Effective until superseded or removed
2409.15, 61 - 63
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FSH 2409.15 – TIMBER SALE ADMINISTRATION HANDBOOK
CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
9. Contract. The contract, with specifications and pertinent amendments, plans, and
drawings.
10. Correspondence. All correspondence between the parties relevant to the appeal,
including the letter or letters of claim, in response to which the decision was issued.
11. Testimony. Transcripts of any testimony taken during the course of proceedings, and
affidavits or statements of any witnesses, on the matter in dispute. The testimony must have
been made prior to the filing of the notice of appeal.
12. Other. Any additional information considered relevant to the appeal.
63.3 - Breach (B/BT9.3 and J/JT.3)
63.3a - Not-In-Compliance vs. Breach
When the terms of the contract are not met or are violated, there are two principle actions that
may be taken: (1) Not-In-Compliance, and (2) Breach.
1. A not-in-compliance occurs when a party's performances are not in conformance with
a contract specification or requirement during the progress of operations, while still being within
the timing or other parameters of the contract. The formal term “Non-Compliance” is specific to
acquisition/service contracts and has no basis for use with the Timber Sale or Integrated
Resource Timber Contracts.
Some examples are: Unsatisfactory waterbars constructed within the time period allowed in the
contract; slash piled in unsatisfactory locations before the slash due date; unsatisfactory log
branding and/or painting while still on the sale area.
2. A breach is a failure to perform to the terms or requirements within the time or at the
place called for in the contract. The time and/or place are either stated in the contract or agreed
upon prior to the performance of the requirement.
Some examples are: Any contractually required work not completed satisfactorily by the due
date; loads leaving the sale area when not properly branded and/or painted; payments not
received by the due date; hauling logs without required load receipts.
3. The Sale/Contract Administrator or Engineering Representative may handle the notin-compliance situations independently on the ground; whereas, breach situations require that the
breach procedure be followed as outlined in the parent text. The seriousness of the breach
situation will dictate the level of action taken by the Forest Service.
4. Purchaser is notified that purchaser is in breach of the contract, not “placed in breach”.
R6 SUPPLEMENT FSH 2409.15-2008-3
EFFECTIVE DATE: 10/27/2008
DURATION: Effective until superseded or removed
2409.15, 61 - 63
Page 28 of 28
FSH 2409.15 – TIMBER SALE ADMINISTRATION HANDBOOK
CHAPTER 60 – OPERATIONS AND OTHER PROVISIONS
63.31 - Suspensions
Immediate suspension of operations can only be used after the purchaser is in breach of material
provision(s) of the contract.
63.5 - Settlement (B/BT9.5 and J/JT.5)
If all contract requirements have not been completed, the FSR shall write the purchaser, 60 days
prior to the termination date, outlining any remaining work to be done by termination date. The
letter shall be sent certified mail, return receipt requested. A copy of the letter shall be sent to
the performance bond surety.
63.5a - Contract Closure (B/BT9.6 and J/JT.6)
Contracts will be audited and closed within 90 days after the date that the Purchaser has
complied with the terms of the contract.