2409.15, 10 Page 1 of 54 FOREST SERVICE HANDBOOK EASTERN REGION (REGION 9) MILWAUKEE, WI FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING Supplement No.: R9 RO 2409.15-2011-1 Effective Date: January 13, 2011 Duration: This supplement is effective until superseded or removed. Approved: KENT CONNAUGHTON Regional Forester Date Approved: 1/13/2011 Posting Instructions: Supplements are numbered consecutively by Handbook number and calendar year. Post by document; remove the entire document and replace it with this supplement. Retain this transmittal as the first page(s) of this document. The last supplement to this Handbook was 2409.15-2007-1, to Chapter 10. New Document R9 RO 2409.15-2011-1 54 Pages Superseded Document(s) R9 RO 2409.15-2007-1 56 Pages Digest: In order by code, summarize the main additions, revisions, or removal of direction incorporated in this supplement. 12.1 – Includes reference to FSM 2452.4. 12.13c – Updates and clarifies the minimum training requirements before becoming certified. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 2 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12 - SALE ADMINISTRATION CERTIFICATION 12.01 – Requirement Forest Service Manual (FSM) 2452.43 requires that the Regional Forester establish and maintain a certification program for Timber Sale Administration. 12.02 - Objectives The objective of the program is to sustain the quality of timber sale administration activities by establishing procedures which will assure that Timber Sale Administration Team members can perform satisfactorily. Specifically to: 1. Ensure that only qualified personnel administer timber sale contracts by exhibiting applicable knowledge, skills, and abilities. 2. Ensure that all personnel assigned sale administration responsibilities are thoroughly trained and familiar with Forest Service contractual obligations and requirements. 3. Provide consistency not only in the administration of timber sale contracts in the Eastern Region but across all Regions of the Forest Service. 4. Obtain high quality performance in harvesting activities through professional administration of the timber sale contract provisions. Minimize adverse environmental impacts resulting from harvest activities. 5. Improve the end-result quality of the timber harvesting process through training, certification, and monitoring of performance. 6. Provide career advancement opportunities in the timber sale administration specialty. 7. Sustain a sense of pride in quality work and strengthen the image of the Forest Service timber sale administration personnel. 8. Increase the awareness that timber sale contract administration is a field of expertise. 9. Ensure that all personnel assigned sale administration responsibility is thoroughly trained and familiar with the Eastern Region Timber Theft Prevention Plan. 10. Ensure that all personnel assigned sale administration responsibilities are thoroughly familiar with NEPA decision document objectives. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 3 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12.04 - Responsibilities Listed below are the individuals responsible for appointing Sale Administration Team members, i.e., the Contracting Officer must be appointed by the Regional Forester, etc. Team Member Appointor Contracting Officer (CO) Regional Forester Forest Service Representative (FSR) Contracting Officer Sale Administrator (SA) Forest Service Representative with Contracting Officer concurrence Harvest Inspector (HI) Forest Service Representative with Contracting Officer concurrence Engineering Representative (ER) Contracting Officer Construction Inspector (CI) Engineering Representative with Contracting Officer concurrence In addition to the Administration Team, the Regional Forester will select and appoint Regional Forester Representatives (RFRs) who will be the Team Leaders for all certifications and reexaminations. The objectives of the RFR program and certification is to maintain a cadre of individuals with the ability to: a.) Act as a temporary staff specialist for the Regional Foresters and Forest Supervisors to evaluate sale administration skill levels. b.) Represent, when requested, the Regional Foresters on Regional policy, expectations, and interpretations concerning timber sale contract administration. c.) Monitor the timber sale program in the Region and advise the Regional Foresters on needed change in policies, expectations, and interpretations in timber sale contract administration. This group will be responsible to the RFR Coordinator who will be the Regional Timber Sale Contract Specialist. The RFR coordinator will be responsible for maintaining a cadre of RFRs, scheduling inspections, coordinating the annual workshops, maintaining records, issuing certifications, and working with the other Regional coordinators. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 4 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING 12.1 - Requirement for Regional Programs All Regions recognize the need and responsibility for a certification program in sale administration. All Regional programs recognize at least four positions that require certification procedures: Contracting Officer (CO), Forest Service Representative (FSR), Sale Administrator (SA) and Regional Forester Representative (RFR). Some Regions have additional certified positions such as Sale Inspector (SI), and Harvest Inspector (HI). Regional Forester Representatives: 1. Trainee: An employee who is working towards full certification as an RFR. They will work under the close tutelage of a certified RFR. They may participate as part of an inspection team. 2. Certified: An employee who has met all the current requirements for certification and who has demonstrated their ability to function as a Team Leader. They will work independently with inspection teams as assigned by the RFR coordinator. Minimum standards for certification of Contracting Officers are found in FSM 2452.4. Minimum standards for the other members of the Timber Sale Administration Team and the Regional Forester Representative are contained in this supplement to the requirements found in FSM 2452.4. 12.11 - Team Member Identification The following is a list of the Timber Sale Administration Team members. CO FSR SA HI ER CI Contracting Officer Forest Service Representative Sale Administrator Harvest Inspector Engineering Representative Construction Inspector 12.12 - Certification Levels The qualifications of sale administration personnel will be determined by written examination and field evaluation designed to analyze and evaluate actual job performance. Job assignments must be commensurate with the individual's knowledge, skill, and demonstrated ability to effectively do the job and meet quality standards. Two levels of certification are recognized: Sale Administrator: R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 5 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING 1. Trainee. Is any employee who is working toward full certification (12.15d.4a) or an individual conditional certified (12.15d.4b) or an individual preparing for reexamination (12.15d.4c). As a trainee he/she is not certified to independently administer timber sales, but can have delegated authority to administrator timber sale contracts consistent with their development and abilities while in preparation for full certification. Generally, this will be done under the close tutelage of a certified SA or FSR. As a minimum, all SAs at this level will have successfully completed the written sale administration exam prior to administering any timber sale contract. 2. Certified. An employee who has met all the current requirements for certification and has successfully demonstrated the technical ability and attitude to perform the assigned duties. A certified SA is qualified to independently perform all jobs necessary for on-the-ground sale administration. 12.13 - Description of Certified Positions 1. Contracting Officer (CO) See FSM 2450, Section 2452.4. 2. Forest Service Representative (FSR) See FSH 2409.15, Section 04.3. 3. Sale Administrator (SA) See FSH 2409.15, Section 04.4. 4. Harvest Inspector (HI) See FSH 2409.15, Section 04.5. 5. Engineering Representative (ER) See FSH 7709.17. 6. Construction Inspector (CI) See FSH 7709.17. 12.13a - Minimum Education Guidelines CO FSR SA HI Bachelor of Science Degree or Associate Degree in natural resource management is desirable. Bachelor of Science Degree or Associate Degree in natural resource management is desirable. Associate degree desirable (High School diploma or General Education Diploma (GED) required). Associate degree desirable (High School diploma or GED required). 12.13b - Minimum Experience Guidelines CO 4 years timber sale administration field experience. Two year supervisory experience. FSR 2 years timber sale administration field experience. One year supervisory experience. SA 12 months cumulative as a HI. HI 2 years as forest technician or journey level professional (experience need not be in R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 6 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING ER HI timber sales). Consistent with FSH 7109.12, Section 13. Consistent with FSH 7109.17, Section 13. 12.13c - Minimum Requirements for Certification Forest Supervisors may supplement the following requirements to meet Forest standards for assignment to sale administration duties. 1. Contracting Officer. Meet minimum requirements identified in FSM, Section 2452.4. 2. Forest Service Representative. a.) Have actively served as a certified Sale Administrator b.) Have attended the following training: Basic Sale Administration, Basic Contract Law I, Basic Contracting Officer Part I, Timber Sale Financial Management, Timber Theft Prevention, 1900-1 NEPA and Advanced Sale Administration Skills Workshop or other similar training. c.) Be knowledgeable of local sale conditions and requirements and the Forest Land Management Plan (FLMP) standards and guidelines relating to timber sales. d.) Attend Forest Protection Officer training. e.) Obtain and/or maintain Qualified Cruiser Certification. f.) Must take the written Sale Administration exam and pass with a score of 80 or higher. g.) Items above may be waived when the Contracting Officer and Regional Timber Group Leader agree that the individual can satisfactorily meet Forest Service Representative responsibilities. 3. Sale Administrator. a.) Score 75 or above on the written Sale Administration exam. b.) Complete a performance period of at least 12 months performing as a trainee SA or HI and pass a field evaluation of performance as conducted by the process described in this supplement. c.) Attend a formal Basic Sale Administration training session. d.) Attend 1900-1 NEPA training session, or similar forest training. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 7 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING e.) Attend formal Timber Sale Theft Prevention training session at least once every three years. f.) Attend Forest Protection Officer training. g.) Obtain and/or maintain Qualified Cruiser Certification. 4. Harvest Inspector. a.) Score 75 or above on the written Harvest Inspector exam. b.) Complete on-the-job training as outlined by a certified SA, FSR or certified CO. c.) Obtain and/or maintain Qualified Cruiser Certification. d.) Attend Forest Protection Officer training. e.) Attend a formal Basic Sale Administration training session. f.) Attend formal Timber Sale Theft Prevention training session. Even though provided for in the contract, the FSR duties are not always executed by the District Ranger. They shall be delegated to a qualified person on the District or adjoining District. 12.14 - Training Formal training is one means to achieve the Knowledge, Skills and Abilities (KSAs) necessary to perform the duties of a certified SA. Training should consist of on-the-job, formal, informal, and self - directed training. The Regional Office will be responsible for coordinating and providing formal training opportunities. The following training and development opportunities are available to assist Forest personnel in sale administration training and to provide Regional consistency: a.) Basic Sale Administration program (inter-regional). b.) Advanced Sale Administration (Skills Enhancement) program (inter-regional). c.) Contracting Officer Parts 1 & 2 (contract/inter-regional). d.) Timber Sale Financial Management (inter-regional) e.) Basic Contract Law (contractor/inter-regional) f.) Timber Sale Contract Law (advanced) – (inter-regional) R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 8 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING g.) Advance Contracting Officer (Skills Enhancement) – (inter-regional)h.) Sale Area Layout and Harvesting Institute (SALHI) Program. i.) Program for Advanced Silvicultural Studies (PASS) Program. j.) A self-study workbook on the 2400-6T timber sale contract and fundamentals of sale administration. k.) Inter-personal skills training such as Dealing with Difficult People, Negotiation and Mediation, or Stress Management. l.) Training in other resource areas such as cultural resources, wildlife, watershed, soils, law enforcement, etc. m.) Training in NEPA, Appeals and Litigation or Forest Planning. Forest Supervisors and District Rangers, in consultation with the CO/RFRs, are responsible for local and on-the-job training and development, to include: a.) Timber sale contract and fundamentals of sale administration. b.) Local logging systems and layout/closure of temporary developments (roads, landings, skid trails, etc.) c.) Local conditions and Forest Land Management Plan (FLMP) standards and guidelines relating to timber sale administration. 12.15 - Certification Process When candidates acquire the necessary minimum skills, they will be tested for their knowledge and ability to integrate these skills through satisfactory performance as a Sale Administrator. 12.15a - Written Examination The written exam is designed to determine knowledge and skills acquired. A written exam is a prerequisite to the field exam and is administered and graded by an RFR. A Forest level CO may administer and grade the exam with the approval of the RFR Coordinator. Examinations are scheduled as needed and may take up to 8 hours to complete. Upon successful completion and review by the Regional Timber Sale Contracting Specialist, the candidate may be granted authority to administer active sales as an HI or trainee SA. This will give the candidate the opportunity to gain on the ground experience needed to prepare for the field exam. The inter-regional written exam will be the exam administered. The Regional RFR Coordinator is responsible for maintenance of the written exam. The test will be reviewed and evaluated annually by the RFRs. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 9 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING 12.15b - Field Evaluation The field evaluation is designed to examine the candidate’s knowledge and skills as demonstrated by his/her performance compared to Regional Standards. The local CO will determine when the SA candidate has completed training and is ready for the evaluation. The local CO will then fill out and submit the SA Verification form for Certification, (exhibit 01, p. 43). This form should be submitted to the RFR coordinator 90 days prior to tentative date review is being requested. The team should anticipate a minimum of two days to complete all required certification tasks. A timber sale qualifying for a field evaluation must meet the following criteria: 1. Contract is a FS-2400-6(T). 2. Sale consists of multiple payment units. 3. Purchaser is operating or recently operated on the sale in the past 3-6 months. 4. Sale has some contractual work completed and accepted by the candidate. 5. All Critical Element categories can be evaluated. The Regional RFR coordinator will assign an RFR to lead the certification team. Forests are responsible for identifying the team members for the certification team for the field evaluation, but the RFR will have the final say on team size. Forests will arrange motel accommodations, transportation and prepare a certification packet for each team member. The content of this certification packet will be done in coordination with the RFR team leader. Transportation should if possible allow all team members and the candidate to ride together. Initial orientation with the certification team and candidate should be located in an area where interruptions are minimal. The Forest is also responsible for scheduling the time and place of the team's exit conference with the Forest Supervisor or their designated representative. 12.15c - Field Evaluation Certification Team The certification team consists of a team leader (RFR) and various members, depending on the type of examination being performed. 1. Team Members. a.) The team will consist of a minimum of four persons which will include an RFR/Team Leader, a line officer (off District/Zone), one person from timber management (off-District), and an off-District/Zone person from a discipline other than timber who is familiar with timber sales, harvest, or resource activities. The RFR will come from other than the home Forest. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 10 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING A bargaining unit employee may request a union representative be present with the team. If this representative can fill one of the team member roles, the RFR should consider this option when approving the team composition. The RFR coordinator may assign a trainee RFR to the team. The RFR trainee will participate as directed by the RFR team leader. The Forest Supervisor may designate an additional person to serve in an advisory capacity. Other individuals may observe but not participate in the certification if approved by the RFR team leader. 2. Team Role. The role of the certification team is to conduct an evaluation which allows the team to evaluate the candidate's ability to satisfactorily administer a timber sale to established standards. The Regional Forester delegates authority to the certification team to conduct an evaluation and provide the Regional Forester with an evaluation of the candidate and a recommendation on certification. The team's responsibilities include: a.) Conducting a fair, objective evaluation based on the candidate's observed performance. b.) Providing the candidate with a full evaluation of strengths and weaknesses. Identify the underlying causes of any weaknesses and, if possible, provide suggestions for improvement. c.) Providing management (District and Forest) with feedback as to strengths and weaknesses. d.) Providing information to management on issues and concerns which are beyond the scope and responsibility of the candidate but that affect the quality of sale administration. e.) Making a recommendation on certification to the Regional Forester. 3. Team Leader's Responsibilities. a.) Ensuring the certification team functions effectively, fairly, and reports results of the evaluation to the Forest Supervisor and the Regional Forester. b.) Acting as a temporary staff specialist for the Regional Forester to evaluate the Forest's sale administration skill level. This includes the level of sale administration being practiced on the Forest and whether administration follows, diverges from, exceeds, or does not meet the Regional Forester's expected standards of sale administration. c.) Use the evaluation process as an opportunity to train the inspection team, Forest staff and RFR trainees. Provide an orientation to the certification team which includes, at least, the objectives of the certification program, an outline of the field R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 11 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING inspection and evaluation process, philosophy of demonstrated performance and how it will be evaluated, SAs background, importance of candidate orientation, and team responsibilities. d.) The RFR is the team leader and is responsible for the action of the certification team. He/She must coordinate, provide continuity, and keep the inspection on track. Even though the RFR has a final say, this is not intended as a veto power. Certification teams must strive to reach unanimous decisions. All team members have equal responsibility and opportunity to participate in the field exam. 12.15d - Certification Team Operating Procedures 1. Certification Team Orientation and Instructions. The evaluation for certification for an SA is designed to focus on the performance of the SA. It determines how the candidate is performing in areas of delegated responsibility and compares this actual performance with the Regional standards for performance. The evaluation will utilize the questioning process to the extent needed for the certification team to determine if a candidate's knowledge and performance is fully satisfactory or needs improvement in a given area. The full range of expected performance will be reviewed, in most cases. Enough time needs to be spent in each area questioning and reviewing on the ground results for the team to make a satisfactory evaluation of the candidate. In some areas, it may take a high degree of inquiry to determine the level of knowledge and performance or underlying causes of weaknesses while, in other areas, it may take only a short time to make a determination. Once the team has evaluated the candidate in an area and reached a conclusion, the inspection should move on to another topic. The team must be well prepared to perform the evaluation satisfactorily. To conduct an effective evaluation, the team needs to be familiar with the NEPA document, appraisal, contract, correspondence, previous inspections, sale activities, delegation of authority, and other related resource data. The team should be provided with information concerning the background and experience of the candidate including the results of the written test. A tentative schedule for the day should be developed. Agreement between team members should be reached on which items will not be reviewed (based upon their preparation) should exam time be insufficient. The Team Leader must make the best use of the time available by being in control of the inspection and directing or managing rather than just reacting to what comes next. 2. Candidate Orientation. Prior to the start of the evaluation, an orientation of the process needs to be provided to the candidate. The certification team and candidate should meet in a location where interruptions will not occur. Introduce the team members and the candidate. Set the tone of the inspection by clearly articulating the evaluation's objectives, having informal and open discussions, and informing the candidate what can be expected from and during the inspection. This is the time to establish rapport and trust for the day. The orientation should take 15 to 20 minutes. The following items should be covered: a.) Review the background and status of the certification program. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 12 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING b.) Review the proposed schedule (time frame) for the day, finalize with the candidate before heading to the field. c.) Review and explain the evaluation and critique process. Provide the candidate with a copy of the evaluation form. 3. Evaluation of Candidate's Performance. The evaluation will begin following candidate orientation. It is best to start by having the candidate review the sale background, including contract activities to date, special requirements of the contract, problem areas, his/her delegation of authority, District organization, contract administration team organization, and any instructions from contractual and administrative superiors. Determine if SA candidate is familiar with pertinent standards and guidelines in the FLMP, has a working knowledge of payments and a general knowledge of the Automated Timber Sale Accounting (ATSA) system, and is knowledgeable of the Sale Administration Handbook. Inspect the sale area and evaluate the candidate's performance using the Timber Sale Administration Examination Evaluation, Inspection and Rating form (Exhibit 02) as a working tool and checklist. Circle any items to comment on during the team rating, number them for reference, and make notes in the margin or on a separate sheet of paper. When asking questions, give the candidate sufficient time to answer each question and to clarify the question, if necessary. Do not confuse the candidate by a rapid line of different questions (third degree approach). Hypothetical questions should be kept to a minimum, but may be utilized to verbally alter situations to change time of year and circumstance to get information on a full range of sale activities, if not available at time of evaluation. In looking at the candidate's performance, consider the overall effectiveness and management of the sale administration task. Distinguish between those performance issues which are the candidate's responsibilities and those of management. Following is a list of questions to consider when evaluating the candidate: a.) Does the candidate understand the overall contribution the Ranger District or Forest organization should make to the administration of the sale? b.) Does the candidate establish specific objectives with the support of other personnel? Is help available from the candidate's supervisor or the sale administration team in overcoming obstacles which may prevent the attainment of these objectives? c.) Does the candidate receive positive periodic feedback from supervisor on their progress toward meeting objectives? d.) Does the candidate accept authority and responsibility as delegated? Are responsibilities clearly defined and understood with appropriate attention given to R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 13 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING getting results? Are priorities identified by the contractual or work supervisor? Is action initiated promptly and in perspective with established priorities? e.) Does the candidate display a willingness to initiate action, think through work barriers and occasionally risk mistakes to keep work headed toward meeting objectives? f.) Does safety receive adequate consideration? g.) Are potential problems anticipated in advance and corrective action taken? i.) Is work planned and scheduled to get results within acceptable time frames and with adequate coordination? j.) Does the candidate evaluate facts and make decisions? When making decisions, are the facts clearly analyzed, alternatives developed and the selected alternative shared with others, as appropriate? Is the action taken as a result of a decision or by default? Is the candidate in control? k.) Is specific knowledge (training, instructions, procedures, etc.) current and being applied? l.) Does the candidate know the capabilities and limitations of the logging system to be used? m.) Are policies and procedures followed? n.) Is judgement and common sense used in administration of the contract? When and how are policies and procedures applied to specific situations? o.) Is the contract being interpreted and used correctly? p.) Does the candidate demonstrate and use the contract effectively to answer contract specific question vs. using cheat sheets and memory? q.) Does the candidate deal effectively with the purchaser's representative and field representative? r.) Is assistance being given with tact and courtesy, creating a positive image of the Forest Service? s.) Are dealings with the purchaser designed to avoid win-lose conflicts? t.) Does the candidate fully understand their responsibilities as outlined in the Eastern Region and/or Forest Timber Theft Prevention Plan? R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 14 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING To evaluate, compare actual vs. desired performance and identify significant discrepancies. Determine whether they are due to a lack of skill or knowledge, or a management performance problem. It is important to get to the underlying causes of problems noted. By identifying causes, it is easier for the candidate and management to correct any problems. Following is a list of common underlying causes: a.) Lack of direction or supervision. b.) Lack of knowledge or training. c.) Failure to use the timber sale contracts to achieve end results. d.) Lack of purchaser supervision of operations. e.) Reaction to situations vs. anticipation of potential problems. f.) Letting things happen, particularly with uncooperative operators. g.) Existing workload, number of active sales. h.) Personal or local standards. i.) Taking actions outside the contract. j.) Lack of coordination with law enforcement. For candidate skill discrepancies, identify action needed to correct the deficiencies and indicate how to confirm the successful correction. For the management performance items, list indicators and action necessary if any, and be prepared to discuss at the exit conference. 4. Team Rating. After the field review is completed, each team member shall individually rate the candidate on all applicable items and then, as a team, discuss each item to arrive at a team consensus. This discussion and consensus will be reviewed with the candidate during the critique. Agree before the critique who will lead the discussion on any identified problem areas, but ensure that a positive attitude is maintained. 5. If early in the process it becomes obvious the candidate is struggling and will not meet minimum requirements for a conditional certification, the RFR leader, team and Forest liaison should meet and reevaluate what actions should be taken to produce a positive outcome. In this situation it is recommended that the RFR shift into a training mode and work with the candidate directly to strengthen those areas needing attention. Each item on the Timber Sale Administrator Evaluation and Rating Team Summary (exhibit 02, page 44) will be rated as fully satisfactory, needs improvement, or cannot rate. "Cannot rate" applies if not enough information is available to establish a valid rating for a given item. This may be caused by the nature of the sale, season of review, or because the item is not R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 15 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING applicable on that forest/region. Many areas overlap within the various categories on more than one page. This is necessary in order to cover the entire job. A candidate should not be downgraded more than once for a single deficiency. The team's summary evaluation for the candidate will identify one of three levels, full certification, conditional certification, or reexamination: a.) Full Certification. All categories are rated fully satisfactory by the team and none of the critical elements are rated as needs improvement. Performance and effectiveness is equal to or exceeds the desired level. Candidate can be expected to perform satisfactorily in all future assignments. b.) Conditional Certification. All categories are rated fully satisfactory by the team. In order for a category to be rated as fully satisfactory, no more than one critical element is rated as needs improvement, or no more than three non-critical element items are rated as needs improvement. A category with one critical and two noncritical elements rated as needs improvement would render that category as unsatisfactory. Performance and effectiveness is less than the desired level. Candidate could not be expected to perform at the desired level in future assignments without strengthening the items needing improvement. Areas of weakness are identified and satisfactory improvement by the candidate is possible within a reasonable time frame. Full certification will be earned after successful completion of the required follow-up action and review by an RFR. Required corrective action must be completed within one year or reexamination by a new team will be required. c.) Re-evaluation. One or more of the categories are rated as needs improvement because more than one critical element is rated as needs improvement or more than three non-critical elements are rated as needs improvement. It is the decision of the team that deficiencies cannot be easily and readily corrected. Performance and effectiveness is significantly less than the desired level. The candidate could not be expected to perform satisfactorily in future assignments without significantly strengthening the items needing improvement. Candidates receiving this rating should be provided additional training or experience at the HI level before being assigned to another "performance period" of 12 months for SA evaluation. Reevaluation will be by a new team. 5. Candidate Critique. Upon regrouping with the candidate following the certification team's evaluation, a summary of the orientation, which was given at the beginning of the day, should occur to put the candidate at ease. He/she has, most likely, been wondering what the team is discussing about the day and may be experiencing a high level of stress over the outcome. Remember, as a team, the goal is to be positive and effective in your discussion. It is R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 16 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING recommended that the candidate's supervisor be present, but the Team Leader must ensure that they do not "defend" the candidate. All team members should participate during the critique. Cover the following: a.) Notify the candidate of the recommendation whether fully certified, conditionally certified, or needs reevaluation. b.) Recognize and discuss the candidate's performance strengths. c.) Identify performance deficiencies and underlying causes noted in the evaluation. Mention only items identified in the team evaluation. Be specific and identify National, R-9, or Forest standards and compare with candidate's performance. Summarize what will be required for full certification if not determined to be fully certified. d.) Inform the candidate of possible problems outside candidate's control and how they will be addressed. e.) Explain the exit conference with the Forest Supervisor and the evaluation documentation, which the RFR/Team Leader will prepare. f.) Solicit comments from the candidate pertaining to the team's performance and the certification program. g.) Close with a summary statement which thanks the candidate and emphasizes his/her strengths and, if applicable, his/her ability to achieve certification in the future. 6. Exit Conference with Forest Supervisor or acting representative. In order to maximize the benefits of the evaluation process, the Forest Supervisor must be fully aware of the evaluation results and any problem areas identified by the team. The RFR and a home-Forest team member must be available to discuss, with the Forest Supervisor, the evaluation results, ways to solve problems which were identified, and the effectiveness of the Forest's sale administration program. Other personnel who could be invited include the Deputy Forest Supervisor, the District Ranger from the candidate's unit, and a Timber Staff representative. 7. Certification Results / Evaluation Documentation. Two letters will be prepared by the RFR. The first letter, (see paragraph (a) below) will be addressed to the Forest Supervisor and signed by the RFR explaining level of certification earned by the candidate. The second letter, (see paragraph (b) below) will be drafted by the RFR and signed by the Regional Forester addressing apparent management direction issues or situations which affect sale administration activities on the Forest a.) The RFR will document, by letter, to the Forest Supervisor the level of certification earned by the candidate either fully certified or conditionally certified. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 17 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING When conditional certification is the result, note what the candidate must do to achieve full certification. State that full certification will be issued when the RFR coordinator confirms, by letter, the conditional candidate has met the requirements. When reevaluation is the result, specifically identify the deficiencies making reevaluation necessary. The letter should include noteworthy achievement(s) or outstanding performance, attitude, enthusiasm, etc. It needs to include the candidate's name, inspection date(s), the team members, and their position (e.g. Forest representative or line officer). Do not duplicate the details of the management review, as that information will be contained in a separate letter from the Regional Forester. b.) In the absence of an exit interview with the Forest Supervisor or acting representative, the RFR will document, by letter, the results of the evaluation to the Forest Supervisor. The purpose of the letter is to advise in writing, any apparent management direction or situations which affect sale administration activities on the Forest. The letter should document those management items which were identified by the team. While it is appropriate to discuss ways to correct management deficiencies at the exit conference, avoid the appearance of telling the Forest Supervisor how to manage his/her Forest. Do not duplicate the details of the candidate's evaluation, as that information will be contained in a separate letter. If an exit interview is conducted, document that in a letter to the RFR Coordinator. Both letters will be written on Regional Office letterhead and copies forwarded to the RFR Coordinator. The Regional coordinator will prepare the Certificated Sale Administrator document for the Regional Forester's signature. 8. Follow-up on Conditional Certification. Those candidates receiving a conditional certification can become fully certified if deficiencies are corrected within one year of the field evaluation. The Forest is responsible for implementing corrective action and documenting to the RFR coordinator when the candidate's performance in deficient areas meets established standards. The RFR coordinator may need to assign a RFR to conduct an additional evaluation of those areas where deficiencies were identified. In this case the RFR will determine if the deficiencies have been corrected. The RFR will then document the results to the RFR coordinator. If full certification is warranted the RFR coordinator will prepare the letter for full certification. 12.15e - Maintenance of Certification 1. Standards R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 18 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING a.) Each Forest shall verify and document performance of the FSR, SA and HI at least annually via the evaluation process described under this section. b.) Participating in minimum of 40 hours of training sessions or workshops relevant to sale contract work during the first three years after initial certification and 16 hours annually thereafter. Region, Forest, or zone level training sessions, meetings or workshops will meet this requirement. Specific training topics or format are not required, but should include discussion of new contract provisions, changes in policy effecting sale administration, and problem areas identified during sale inspections or reviews. Participation on monitoring or administrative reviews covering topics such as wetlands, riparian areas, cultural resources, and other resource areas may be credited towards the training requirement. Employees and their immediate supervisors will maintain a record of training and self study. c.) Contracting Officers (CO) will attend Basic Contract Law, Timber Sale Contract Law, Timber Sale Accounting and Skill Enhancement training once every four years. The CO will also conduct or attend an annual Timber Theft Prevention workshop. d.) Forest Service Representatives (FSR) will attend Basic Contract Law, Timber Sale Accounting and Skills Enhancement training once every four years. The FSR will also attend an annual Timber Theft Prevention workshop. It is recommended that the FSR stay current as a qualified cruiser and Forest Protection Officer e) Sale Administrators (SA) will attend Timber Sale Accounting and Skills Enhancement once every three years. Maintain qualifications as Forest Protection Officer, Qualified Cruiser and attend an annual Timber Theft Prevention workshop. It is recommended that SA also attend Contracting Officer part I and Basic Contract Law. The training courses list above will qualify towards the minimum hours required to maintain certification. f.) Guidelines for cumulative time spent conducting sale administration work at Gate 5 and beyond should consist annually of: SA 70% or more during Normal Operating Season HI 40% or more during Normal Operating Season * FSR 40% or more during any given FY CO 50% or more during any given FY * - SA candidates working towards full certification should follow the SA guidelines. Employees serving less than these time guidelines may require a more critical evaluation to determine if necessary KSAs are being maintained. 2. Maintenance and Performance Evaluations. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 19 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING a.) Annually review each FSR, SA and HI by a certified Contracting Officer or certified FSR. This informal review should focus on individual positions and not on the program of administration. The evaluation should be designed to assess the performance of individual team members comparing performance with the established standards in the Sale Administration handbook. The interface with other members of the sale administration organization should also be examined along with the appropriate use of other resource specialists or consultants. Local policies and procedures should also be reviewed. Information sharing is an important part of these reviews. The review may include a review of the performance of several members of the sale administration team. However, it is assumed that if individual members are performing at satisfactory levels, then the Sale Administration Team is also performing at an acceptable level. Documentation will be in the form of a letter to the appropriate Ranger or Supervisor with copies to the person being reviewed and the Forest Timber Sale Contracting Officer if they have not conducted the review. b.) Biannually conduct Timber Sale Administration reviews as required by the R9 Timber Theft Prevention Plan. This formal review focuses on district performance and complaince with the Prevention Plan. The role played by the Sale Administration Team is an important part of this program. The Forest Contracting Officer is responsible for scheduling and conducting this review. The inspection team will include fiscal and law enforcement representatives. This review may be combined with the annual individual reviews listed above, if appropriate. Documentation will be by letter to the Forest Supervisor with copies to the appropriate Ranger(s) and the Regional Timber Sale Contracting Officer. c.) Annually complete Performance Evaluations by supervisors of all employees with sale administration duties as SA, HI or FSR. This is a general review of the year's performance with input from Sale Administration Team members where appropriate. Supervisors should evaluate emplyees performance on those elements and standards associated with sale administration responsibilities. Supervisors are also responsible for insuring that employees have an opportunity to participate in the minimum training hours at various sessions, workshops, or meetings relevant to sale contract work. Documentation will be through the normal annual performance review forms. 3. Revocation of Certification and Recertification Requirements. Certification remains effective as long as individuals remain active in sale administration, perform satisfactorily, and meet maintenance requirements. Regional Forester may: a.) Cancel certification when individuals have been inactive in sale administration work for three years. Use lack of annual performance evaluations to determine inactivity of Sale Administrators. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15,10 Page 20 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING b.) Require recertification (field evaluation only) for continued assignment to Sale Administrator duties when an SA's performance is determined to be unsatisfactory and certification is changed to Harvest Inspector (see 9.b.) c.) Recognize certified Sale Administrators transferring in from out-of-Region as conditionally certified in R9 providing they have passed the inter-regional written examination, passed a field examination, and furnish proof thereof. To become fully certified, these conditionally certified SAs will receive a RFR field review within one year after entering the Region to become fully certified. 12.15f - Recertification Systems currently exist to certify/recertify the Contracting Officer and the engineering members of the Sale Administration Team. Team members' performance elements and standards should have an element(s) that addresses sale administration responsibilities to provide a focal point for performance evaluation. 12.15g - Maintenance of Records The Regional Office (RFR Coordinator) will maintain a current roster of certified individuals. In order to keep the roster current, Forests must forward the following records to the RFR Coordinator: 1. Evidence of previous certification and recommendation for conditional certification of out-of-Region transferees. 2. A letter and any supporting documentation indicating results of annual evaluations of certified individuals. 3. A letter and supporting documents when two successive performance evaluations on a SA are unsatisfactory. 4. Any change in status of certified individuals, such as transfer, retirement, reassignment, or death. 12.2 - Performance Requirements for Sale Administration The objective of Forest Service contract administration is to fairly and firmly administer all forms of timber sale contracts in a professional and businesslike manner, and to ensure that both parties fulfill their respective obligations. Timber sale contracts shall be administered to attain full compliance with their terms. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 21 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12.21 - Procedures The performance requirements contained herein apply to all timber sale contracts in Region 9. These are intended to provide a uniform performance baseline for each of our contract team members to follow, but are primarily designed for the sale administrator (SA). This is not an exhaustive list of SA responsibilities, but does establish a pattern of performance standards. 12.21a - Areas of Administrative Responsibility 1. Review sale preparation information for assigned Timber Sales. a.) Key Components: - Timber Sale Report. - Advertisement. - Appraisal. - Environmental documents. - Notes from compartment folder. - Correspondence and reports. - Prospectus. - Land management plan, settlement agreements, appeals, and litigations. - Timber Sale Contract. Provide written feedback to individuals responsible for sale preparation, Forest Service Representative (FSR) and other resource specialists on conflicts found in review or on the ground. b.) Standards: Identify key areas of concern. Consolidate and list information to be used in conjunction with prework meeting and contract administration. c.) Action: Review environmental documents, appraisal, prospectus, compartment maps and pertinent information, advertisement, and correspondence in timber sale folder. 2. Review Timber Sale Contracts for assigned sales. a.) Key Components: R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 22 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING - Executed Timber Sale Contract. - Sale area map and slash disposal map. - Road rules and co-op agreements with local governmental units. - Annual operating schedule. - Plan of operation. - Road maintenance requirements. - Prework conference documentation. - Fire Prevention and Suppression Plan. - Safety and Traffic Control Plan. - Payments. - Prior sale administration records. - Specified road packet. - Standard Provisions and Special Provisions. - Provide feedback to Forest Service Representative of items which may be absent in the Timber Sale Contract (including sale area map which is a legal part of the contract) that are required by environmental documents, needed for resource protection or conflicts within contract language. b.) Standards: Identify special requirements contained in Timber Sale Contract (TSC) to assist in mutual understanding of contractual requirements. c.) Action: Review contract provisions, sale area and slash disposal maps, road specifications, and key components listed below, and extract critical elements of information. 3. Documenting and reporting resource problem areas that may require modification and to assist future planning. a.) Key Components: - Document all activities in writing. - Record areas and problems on cutting progress map. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 23 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING - File in sale folder for permanent record. - Deliver to both Forest Service Representative or CO, as appropriate, and Purchaser Representative to implement action. - Specialist assistance recognized and requested as appropriate. - Provide written feedback to sale preparation personnel. b.) Standards: Record areas and define problem on map, or inspection report and files in sale folder. Deliver documentation to the Forest Service Representative to implement required action in a timely manner. Provide copies of inspection reports to purchaser or authorized representative. c.) Action: Document changes to harvest activities, which may require a supplement or revision to the Environmental Analysis to be consistent with land management objectives or standards and guidelines. Document harvest activities which may require a revision to the Sale Area Improvement and K-V Collection Plan or a modification of the Timber Sale Contract to meet EA and/or Sale Area Improvement and K-V Collection Plan. 4. Maintaining field sale folders and providing input into office folder. a.) Key Components, special note: It's not the intent to have the Sale Administrator maintain the office file but to provide needed input. - Executed Timber Sale Contract and modifications (both). - Appraisal (office). - Timber Sale Report (office). - Prospectus (office). - Advertisement (office). - Environmental assessment (office). - Inspection reports and relevant correspondence (both). - Plan of Operation/Annual operating schedule (both). - Bills for Collection (office). - Progress map of sale operations (both). R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 24 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING - Prework Conference documentation (both). - Fire prevention and Suppression plans (both). - Safety and traffic control plan (both). - Agreement documentation (both). - Slash Disposal Plan. - Performance and payment bonds (office). - Post Sale Activity map showing approved road closures and temporary road locations if different than originally planned or shown on map (both). b.) Standards: Documentation shall be legible, complete and timely and filed in an orderly system. See FSH 2409.15, Section 14. c.) Action: Necessary documents dealing with Timber Sale Contract are assembled, filed and readily available to the SA. 5. Making written agreements within delegated authority. a.) Key Components: - Agreement written and signed at time of agreement. - All sale administration activities documented in writing. - Environmental documents, Timber Sale Contract. - Map of planned activities to be agreed upon. - Distribute copies of agreement to all parties. - Forest Service Manual and Handbook. - Delegations of authority. b.) Standards: All agreements shall meet Timber Sale Contract requirements, be in writing, signed by persons representing both parties with delegated authority to make such agreements, be prior to the start of work in the subject area, and include appropriate map revisions/modifications. Provide copies of agreement to purchaser or delegated representative. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15,10 Page 25 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING Agreements will be concise, but cover areas of what, why, where, when, how, quantities, qualities, necessary equipment, needed rehabilitation, and person responsible for completing work. c.) Action: Make agreements within delegated authority, collect data, and make recommendations for agreements outside delegated authority. See also Exhibit 12.501, Authorities of Contract Administration Team. 6. Safety. a.) Key Components: - Recognize and acknowledge safe harvesting operations. - Review contractual safety requirements with purchaser at all pre-work meetings. - Review established Job Hazard Analysis and make recommendations for change as appropriate. - Document unsafe acts or conditions affecting Forest Service personnel and/or the public, take appropriate action. - Knowledgable of State and Federal Occupational Safety and Health Agency (OSHA) safety rules as applicable to National Forest timber sales. b.) Standards: Comply with Job Hazard Analysis and conduct inspections for contract compliance on a continuing basis with proper documentation. Document notification to Forest Service Representative (FSR) and Purchaser Representative on inspection report same working day the noncompliance is noted. c.) Action: Inspect purchaser's operations for acts or conditions unsafe for Forest Service personnel and/or the public. 12.21b - Areas of Contract Responsibility Where Specific Results Are Expected 1. Acquire and maintain advance deposits and/or credits prior to starting (payment unit release), and during sale operations. a.) Key Components: - Advance deposits and credits shall accurately reflect contract and legal requirements. R9 RO SUPPLEMENT EFFECTIVE DATE: 0113//2011 DURATION: Effective until superseded or removed 2409.15-,10 Page 26 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING - Operations that require cutting of timber shall not commence until payments are received in the lockbox, or payment guarantee has been provided. - Bill for additional timber in a timely manner. Make adjustments for reductions in timber volume/value in a timely manner. - Only purchaser credit (earned or transferred to sale) used. - Allocation of payment bond shall cover needed deposits exceeding cash and purchaser credits. - Deposits and credits established prior to starting operations. - Timber sale account shall reflect correct values of actual operations. - Properly initiate refund of excess cash when requested by purchaser. b.) Standards: Obtain advance deposits and/or purchaser credits to cover the value of timber removed under payment bond. Consider earned/transferred-in purchaser road credit as cash for advance payments. Payment bond allocation (if available) may be used to cover required advance deposits above available cash. Establish advance deposits prior to commencement of purchaser's operations, and adequately maintain them during entire sale operations. The timber sale account shall reflect adequate coverage at all times (correct values). Bills for collection require payment in a timely manner, or take appropriate actions and document. c.) Action: Assure proper application of performance bond, payment bond allocation, down payment, cash deposits, and earned/transferred purchaser road credits to adequately cover harvest activities. 2. Collection of payments not received. a.) Key Components: - Payment not received is a breach of contract, suspension of operations may be ordered for unit(s) in question. - Proper notification of breach with or without suspension; Forest Service Manual 2452.5, Timber Sale Contract. - Demand and other notices to surety directed to the corporate headquarters of surety as listed on Circular 570 of Department of Treasury. - Billings for interest and administrative charges prepared per FSM/FSH and contract. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 27 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING - Payments are made through lockbox system; Purchaser must allow for mail time. - Encourage the use of Electronic Wire Transfers for the payment of billings. b.) Standards: Contact the Supervisor's Office the first working day after payment due date to verify payment or nonpayment. Contact Purchaser Representative to ascertain reason payment was not received and document details on inspection report. When payment is guaranteed and is not received by the due date, demand for payment shall be made. c.) Action: Verify payment not received. Notify Forest Service Representative/Contracting Officer. If necessary, prepare letter of suspension to purchaser for Forest Service Representative signature, send certified mail, with a copy to surety. 3. Transportation. Alternate facilities. a.) Key Components: - Documentation. - Engineering and specialist role. - Adjustment of purchaser credit. - Must not be to disadvantage of government. b.) Standards: The need for alternate facilities will be consistent with all contractual and environmental documents applicable to the sale area at the time of the request. Purchaser will complete surveys, design, and staking when required. Road routing, location, design and needed easements shall make such roads acceptable as part of the National Forest Transportation System. c.) Action: Add roads to the appropriate contract section that are different from Specified Roads. Agree to haul prior to completion of reconstruction or substantial completion of new construction. a.) Key Components: - Coordinate with Engineering Representative to verify that no damage shall occur. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 28 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING - Obtain specialist assistance, when needed, to determine if there will be damage to other resources. - Purchaser will complete reconstruction prior to hauling unless hauling is safe, will not cause resource damage, is agreed to by Contracting Officer and not more than 50 percent of payment unit timber will be removed. - Prepare letter for Contracting Officer and Purchaser Representative Signatures. b.) Standards: Prepare written agreement as required by Timber Sale Contract. In addition, agreement shall cover conditions under which hauling may occur. c.) Action: Prepare letter for Contracting Officer's (CO) signature to allow hauling prior to the completion of reconstruction or substantial completion of construction. Inspecting purchaser's road maintenance work. a.) Key Components: - Coordinate inspection with Engineering Representative. - Road maintenance may be responsibility of engineering group. - Roads must be safe for public and Forest Service administrative traffic. b.) Standards: Inspect work in progress. Documentation for acceptance shall be same working day as inspection for completion of work for a specific road or other measurable area as agreed. Documentation for noncompliance and notification to Forest Service Representative and Purchaser Representative on inspection report shall be same working day noncompliance is identified. Work inspected shall meet requirements of Timber Sale Contract provisions and forest guidelines. c.) Action: Inspect purchaser's road maintenance work and document on Inspection report. Purchaser choice of alternate haul route. a.) Key Component: Coordinate with Engineering, FSR/CO prior to agreeing to alternate haul. b.) Standards: Agreement shall be by letter signed by Forest Service Representative and Purchaser Representative, and shall include any collections necessary for the new route at contract road maintenance rates. Establishment of new rates requires Contracting Officer approval and contract modification. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 29 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING Prepare an appraisal worksheet to identify the alternate haul route. Transfer this information to Road Maintenance Deposit Schedule. c.) Action: Document haul road names, road numbers, termini, rate per mile. Agreeing to temporary road location. a.) Key Components: - Timber Sale Contract. - Road locations marked on the ground in advance of construction. - Timber removed during construction is properly designated and paid for in advance of cutting. - Work will be accepted when restoration meets Timber Sale Contract and agreement. b.) Standards: Sale Administrator and Purchaser Representative shall make an agreement and document on inspection report. Agreement shall include location, clearing width and slash treatment, and compliance shall be as specified in Timber Sale Contract and agreement. All location approvals shall fully consider the temporary road restoration requirements of contract. c.) Action: Document agreement for location and width of temporary road. 4. Improvements. Inspect existing sale area improvements for possible damage. a.) Key Components: - Give notification on inspection report same working day the damage is noted. Responsibility for restoration of improvements is stated in the contract. - Coordinate with engineering on all road improvements and land survey monuments. - Fences and other improvements may be protected by special provisions. b.) Standards: Make inspections and documentation on a continuing basis while purchaser is performing work adjacent to improvements. Requirements for protection or restoration of improvements shall be as specified in the timber sale contract. Complete documentation on inspection report and submit to the Forest Service Representative and Purchaser Representative. c.) Action: Document condition of improvement prior to and during sale activities. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 30 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING Protection of Cultural Resources, Habitat of Threatened, Endangered (TE) or Sensitive Species (plants, animals, etc.) and significant or unevaluated federal Caves. a.) Key Components: - Review cultural resources, cave resources and habitat of TE and Sensitive Species identified in Timber Sale Contract, environmental assessment, compartment folder, or other pertinent district documents. - Investigate sites or habitat found by purchaser. - Investigate sites or habitat found by Forest Service. - Inform Forest Service Representative and Purchaser Representative in writing of new finds. - Operations in immediate area may be suspended. - Document mitigating measures. - Obtain specialist input. - Prepare necessary Timber Sale Contract modification. b.) Standards: Initiate investigation, request specialist input, and take immediate action to protect. Initial documentation shall be on inspection report and provide additional information, as may be needed, for contract modification, minor adjustments, or cancellation. c.) Action: Document circumstances relating to discovery and action taken to protect resource values. Control of operations: Inspecting purchaser's operations. a.) Key Components: - Purchaser's supervision must be adequate to meet contract requirements. - Document all sale visits. - Document all work accepted or rejected on inspection report the same day. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 31 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING - Job priority provided to Sale Administrator by Forest Service Representative, as needed. b.) Standards: Complete inspections and documentation on a continuing basis while purchaser is performing work on the ground. Notify Forest Service Representative and Purchaser Representative on inspection report same working day inspection is made or as soon as practical. c.) Action: Inspect purchaser's supervision and document in writing. Plan of Operation. a.) Key Components: - Obtain copy of plan of operation. - Review plan for completeness and full compliance to Timber Sale Contract. - Notify purchaser, in writing, of any changes needed prior to approval. - Approval or rejection shall be in writing by Forest Service Representative within two weeks of receipt. - Purchaser plan of operation received prior to start of operations and within 60 days following award. b.) Standards: Obtain plan within 60 days following award of the Timber Sale Contract. The plan shall meet Timber Contract requirements, and be approved in writing. Request a revision if operations deviate significantly from current plan of operation. c.) Action: Obtain, review, and recommend approval by the Forest Service representative, if acceptable. Obtaining and reviewing the purchaser's annual operating schedule. a.) Key Components: - Obtain and review annual operating schedule. - Notify purchaser if operating schedule is inadequate or conflicts exist. - May be completed jointly at a pre-work conference. - Request revised schedule if operations do not follow plan closely. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 32 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING b.) Standards: Annual operating schedule shall meet requirements of the Timber Sale Contract and be prepared by the purchaser. c.) Action: Obtain, analyze, and acknowledge receipt of annual operating schedule. Documentation of pre-work conference. a.) Key Components: - Prepare a pre-work meeting checklist identifying items needing discussion including special provisions in Timber Sale Contract and environmental documents; interpretations of Timber Sale Contract provisions, plans, and copies of agreements needed prior to start of operations; and, agreements to be made at the meeting. - Agree with purchaser on time and date of meeting, plans, and schedules that shall be needed. - Discuss points of special concern in environmental assessment and contract. - Discuss interpretation of provisions in Timber Sale Contract to establish meaning as required by Timber Sale Contract and for use in event of claims and/or disputes. - Prepare or obtain copies of any plans needed prior to start of operations. Itemize those received or agreed to in minutes of the meeting. - Document discussions and agreements in writing and obtain signatures. - Pre-operation meetings on timber sales with specified roads shall follow the same procedures. These will be held by the Engineering Representative (ER), assisted by the Sale Administrator (SA). b.) Standards: Prework meeting shall be documented and signed by Forest Service Representative, and Purchaser Representative as agreement to items are discussed. c.) Action: Document pre-work meeting between purchaser and operator to indicate points of agreements. Some items may require follow-up action to clarify any points of misunderstanding. Conduct of logging: Inspecting purchaser's felling and bucking operation. a.) Key Components: - All designated timber shall be felled unless agreed to otherwise, in writing. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 33 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE ACCOUNTING - All trees or areas cut are properly designated in advance of felling. - Timing of felling meets Timber Sale Contract special provisions where applicable. - Mark trees individually. Designate above and below stump height with tree marking paint containing a registered tracer (See FSM 2430.3-9). In Leave Tree Marking (LTM), mark leave trees with tracer paint above and below stump height. - Employ the use of Timber Theft Monitoring (TTM) plots as appropriate in high valued payment units. - Spot check a random sample of tree markings (paint chips) with field test kits. Document/report problems in a timely manner. - Designate clear-cut boundary changes on the ground and identify by tracer paint at both DBH and below stump height. - Felling practices - stump heights meet contract specifications; breakage is minimal. - Stage felling is utilized when necessary to prevent damage to residual stands and breakage. Felling guidance is provided by purchaser representative and followed by contractor. b.) Standards: Inspect work a minimum of once per week while operations are in progress. More frequently, if sale was purchased by a new purchaser, the sale is located in a sensitive area; sale contains high value products, etc. Document notification to Purchaser Representative and Forest Service Representative on inspection report same working day when work inspected does not meet requirement of Timber Sale Contract Provisions. Schedule inspections to allow Purchaser's Representative to be present and have PR sign inspection report at time of inspection if at all possible. Work inspected shall meet requirement of Timber Sale Contract provisions. c.) Action: Inspect purchaser's felling and bucking operation and document in writing. Agreement to skidding/yarding layout and landing location. a.) Key Components: - Review resource objectives in environmental documents, sale preparation notes, and Timber Sale Contract. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15-, 10 Page 34 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING - Walk purchaser's proposed location on the ground (preferably with purchaser's representative) to ensure that location designated meets Timber Sale Contract. - Environmental documents and requirements – review environmental documents for limits on percentage of ground disturbance. - Check work map showing ridges and draws (particularly those areas designated sensitive on sale map) and indicate locations of main skid roads, stream course crossings, landings, corridors, and any other important resource data. - Reach agreement with Purchaser Representative or field representative and discuss how landings, skid roads, and stream course crossings are to be constructed, maintained, and restored, including erosion control measures and closures. - Document on inspection report and distribute. - If changes are made and agreed to in a location, document in writing. - Timber removed for skid trail, corridor, or landing construction shall be properly designated and paid for prior to cutting. - Document requests for specialist participation and/or involvement in field review for particularly sensitive areas. Obtain written comments from the specialist(s) as appropriate and make them a part of the permanent record/timber sale file. - Make agreements prior to any felling activity in the unit(s). b.) Standards: Check purchaser's designation of skid roads, and landing locations on the ground to ensure that requirements of Timber Sale Contract are met. c.) Action: Review on-the-ground purchaser's location of proposed skid roads, and landings, and agree to appropriate location. Inspecting purchaser's yarding/skidding operations. a.) Key Components: - Logging methods agreed to or otherwise designated on the ground. Skidding staying on agreed locations and landings. - Damaged trees remain uncut unless properly marked above and below stump height with tracer paint and designated for cutting. Damaged timber marked and designated for cutting is paid for and documented prior to cutting. - No unnecessary resource damage occurring, i.e., to residual trees, rutting, etc. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 35 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING - Equipment and use meets timber sale contract and environmental assessment equirements. b.) Standards: Inspect work at least once per week while operations are in progress. Document notification to Purchaser Representative and Forest Service Representative on inspection report same working day when work inspected does not meet requirements of Timber Sale Contract provisions. c.)Action: Inspect and document purchaser's yarding/skidding operation. Inspecting purchaser's utilization. a.) Key Components: - Recut high stumps and remove or treat as other logging slash. - Remove merchantable chunks, which could have been attached to merchantable logs. - Agree to leaving of incidental amount and document on inspection report. - Remove material meeting minimum piece specifications in AT2 or Table 1 from sale area unless otherwise agreed. - Economic impracticability or possible damage to forest resources may effect removal of certain products. b.) Standards: Inspect work in progress. Document notification to Purchaser Representative and Forest Service Representative on inspection report same working day when work inspected does not meet requirements of Timber Sale Contract provisions. c.) Action: Inspect and document purchaser's utilization of Included Timber. Inspecting purchaser's stream course crossing protection measures: a.) Key Components: - Remove slash or other debris, which may adversely affect the flow of the stream course crossings within 48 hours after material has entered stream course crossing unless waived or accepted by contract or written agreement. - Show stream course crossings to be protected on the sale area map. - Accept work when Timber Sale Contract requirements are met. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15,10 Page 36 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING - Suspend timber over protected stream course crossings by use of culverts or bridges, unless otherwise agreed in writing. - Stabilize soil surrounding culverts and bridges at natural angle of repose. b.) Standards: Inspects operations in progress. Agrees to stream course crossings in advance of operations and designated on the ground. Documents inspections on appropriate form and forwards copies to Purchaser and Forest Service Representative on the same working day. Work inspected shall meet requirements of Timber Sale Contract provisions and EA. c.) Action: Inspect and document purchaser's stream course crossing protection measures. Inspecting purchaser's erosion prevention and control work. a.) Key Components: - Erosion control work designated on the ground and purchaser notified. - Completion of purchaser's work shall be within time limit specified or as agreed in writing. - Accept work when it meets Timber Sale Contract requirements. - Oral suspension, if used, must follow proper procedure and be followed up in writing. b.) Standards: Erosion control, seeding, construction, and maintenance of cross ditches shall meet Timber Sale Contract. Operations shall not cause excessive soil damage as specified in the Timber Sale Contract. Inspect work in progress. Document notification to Purchaser Representative and Forest Service Representative on inspection report same working day of acceptance or rejection. c.) Action: Inspect and document purchaser's erosion prevention and control work. Complete on-the-ground designation when required. Inspecting purchaser's slash disposal work: a.) Key Components: - Complete work as specified unless agreed otherwise in writing. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 37 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING - Coordinate with Fire Management during inspections when possible. - Agree to substitute methods and/or measures and document. - Accept work when Timber Sale Contract requirements are met. - Properly apply revised charges for waived or substituted work prior to the start of work in that unit. b.) Standards: Inspect work in progress. Document notification to Purchaser Representative and Forest Service Representative on inspection report same working day. Work inspected shall meet requirements of Timber Sale Contract provisions and guidelines of environmental assessment (EA). c.) Action: Inspect and document purchaser slash disposal work. Timber accountability. a.) Key Components: - Properly designate all products and pay for in advance. - Charge for missing products as required by the Timber Sale Contract. - Check unit boundaries for evidence of changes and document findings on inspection report. - Check stumps to be sure only designated timber is cut. Do not just look for the obvious. Tactics may be used to conceal timber theft. - Fully implement the Regional and Forest Timber Theft Prevention Plan. - As necessary, use field test kit to determine presence or absence of tracer elements and document results. - Test paint in each unit for tracer element as necessary. - Refer suspicious circumstances to law enforcement, and document in internal memo form to Forest Service Representative, Contracting Officer, and District Ranger. b.) Standards: Do inspections on a continuing basis. Document notification to Forest Service Representative and Purchaser Representative on inspection report same working day. Operations found to be in trespass require immediate action - but only after consultation with both Forest Service Representative and criminal investigator. Exhibit knowledge, understanding and implementation of the Regional and Forest Timber Theft Prevention Plan. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 , 10 Page 38 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING c.) Action: Inspect and document purchaser's timber accountability procedures. Inspecting purchaser's fire precautionary measures: a.) Key Components: - Purchaser shall ensure that prevention equipment and measures meet all contract requirements. - Document fire inspections and conduct as needed to assure that purchaser's precautions and equipment meet contract requirements. - More frequent inspections will be necessary during periods of high or extreme fire danger. - Include fire management in fire inspections. - Prevention equipment and measures that do not meet contract requirements are a breach of contract. Notify surety. - Waive fire equipment and prevention measures, if not needed, only in writing and only by person with authority to do so. b.) Standards: Inspect equipment and precautionary measures while operations are in progress to ensure compliance. Make inspections during fire precautionary season. Document notification to Purchaser Representative and Forest Service Representative on inspection report on same working day. Precautionary measures inspected shall meet requirements of Timber Sale Contract. c.) Action: Inspect and document purchaser's fire precautionary measures. Other conditions: Modifications. a.) Key Components: - Review Timber Sale Contract, FSM for requirements for modifications. - Inspect the changed conditions or catastrophic damages on the ground to make recommendations to Forest Service Representative and Contracting Officer. - Obtain appropriate specialist help. - Discuss possible changes with Purchaser Representative and obtain agreement to modification. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 39 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING - Prepare modification or written agreement with rate changes as required by Timber Sale Contract. - After modifications or agreement is consummated, implement changes and initiate action to change timber sale account, data input and verify it is correct. b.) Standards: Modifications shall be limited to those specified in FSM/FSH. All recommendations for contract modification are in writing to Forest Service Representative or Contracting Officer. c.) Action: Prepare documentation and justification for modifications. Rate redetermination. a.) Key Components: - Purchaser formally requests contract term extension or emergency rate redetermination in a timely manner or sale has scheduled rate redetermination. - Environmental modification. b.) Standards: Meet requirements of the Timber Sale Contract and contract term extension policies when logging will not be completed by termination date and purchaser requests extension in writing or meets requirements for rate redetermination under Timber Sale Contract. c.) Action: Prepare documentation and justification for rate redetermination and submit to Forest Service Representative. Contract term adjustment. a.) Key Components: - Review normal operating season and annual operating schedule. - Document actual start and stop dates of purchaser's operations. - Document delays beyond purchaser control and periods of breakdown. - Document interruptions beyond purchaser control. - Document causes affecting disposition or processing of included timber. - Document delays or interruptions in purchaser's operations at request of Forest Service. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 40 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING - Prepare and file documentation required for delayed performance beyond termination date (for example, slash disposal, or removal of improvements). - Purchaser cannot remove timber past termination date until adjustment is approved. - Purchaser's timely request for contract term adjustments. b.) Standards: Document on inspection report all delays and interruptions to purchaser's scheduled operations as listed in the Timber Sale Contract. Upon request of purchaser for contract term adjustment, prepare recommendation for Forest Service Representative's signature and forward to Contracting Officer for determination of approval. Prepare documentation for Contracting Officer approval for permission to delay performance beyond termination date. c.) Action: Prepare documentation of circumstances affecting possible contract term adjustment. Agreeing to minor adjustments in volume and boundaries within sale area. a.) Key Components: - Review Timber Sale Contract, environmental documents, preparation notes, silvicultural prescription, and/or Forest Service Manual and Handbook for direction in making minor changes in volume or boundaries. - Check area on the ground to determine if ground conditions meet silvicultural prescription and/or environmental assessment. - Obtain purchaser's signature along with Forest Service employee authorized to make agreement. - Initiate action to bill purchaser for advance deposits if needed. - Designate timber to be included and delete timber to be left. Must be inside sale area boundary, properly designated and paid for prior to cutting. b.) Standards: When making minor adjustments, check the unit on the ground and differences between prescription and ground conditions coordinated through specialists prior to making changes. Include trees inadvertently missed during preparation stages without silviculturist input. Agree to the change in writing prior to adjustment. Review all environmental documents prior to authorizing the change. c.) Action: Recommend to Forest Service Representative the need for changes in unit boundaries and adjustments in volume, and prepare agreement. Documenting Breach: R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15, 10 Page 41 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING a.) Key Components: - A significant action or inaction by the purchaser exists which is in violation of a specific Timber Sale Contract provision(s), and requires some form of remedy. - When an immediate threat to life or a threat of immediate and irreparable damage to National Forest resources exists, an oral suspension by the Sale Administrator shall be documented on inspection report, and given to the Purchaser representative, operator, or purchaser's employee(s), and Forest Service Representative. - Prepare letter for Forest Service Representative's signature. - Contracting Officer will review suspension. - Prepare letter for lifting suspension when breach is remedied. - When dispute exists as to breach, request Forest Service Representative and Purchaser Representative meeting on the ground. Review Timber Sale Contract. - Send copy of breach letter and remedy letter to surety. b.) Standards: Breach documented on formal letter signed by Forest Service Representative. Letter must contain reasons for the breach action, contract provision(s) in breach, remedy, and timing for remedy. Letter shall also specify conditions of suspensions, if any. Send letter by certified mail, with a return receipt requested with a copy to surety. Breach action shall follow guidelines in Forest Service Manual. c.) Action: Document breach and submit notification to Forest Service Representative. 12.3 - Timber Sale Administration Team 1. Sales under Forest Supervisor's authority. After authorizing a timber sale for advertisement, the Forest Supervisor designates a qualified Contracting Officer to award the timber sale and administer it to completion. Standard Provision BT6.1 of the 2400-6T Timber Sale Contract provides that the District Ranger is the Forest Service Representative, unless the purchaser is notified otherwise. It is the responsibility of the Contracting Officer to advise the purchaser in writing of the names and authorities of the representatives prior to commencement of operations. The 2400-6(T) contract provides that the seller will designate, in writing, a representative to take action in relation to the contract. Although not specifically stated, the same procedure should be followed for the 2400-4 and -3 contracts. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 42 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 2. Sales under District Ranger's authority (FS2400-4). After authorizing a timber sale for advertisement, the District Ranger may serve as Contracting Officer if they meet the qualifications and have concurrence of the Forest Supervisor. If they do not meet the qualifications, then the Forest Supervisor will designate the Contracting Officer. The Contracting Officer subsequently designates other representatives to assist in contract administration. Purchaser notification requirements are the same as for sales authorized by the Forest Supervisor. Authorities of Contract Administration Team under the various contract forms are listed in FSM 2450.46 for the members of the Contract Administration Team. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 43 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12.15b – Exhibit 01 Sale Administration Verification Form for Certification INSTRUCTIONS: This form will be filled out by the local Contracting Officer requesting the Sale Administration Field Examination for Certification. Fill in all line items completely and submit tentative timber sale name which you intend to certify on. Submit this form to the Regional Timber Sale Contracting Specialist, (or acting) 90 days prior to review date requested. Candidate Name: Title: Forest: District: Submitted by: Title: Date Submitted: Tentative Dates Review Requested: (Attach documentation: certificates, letters) Inclusive Date(s) Minimum Requirements Sale Administration Written Exam (Score: ) Complete a performance period of at least 12 months performing as a trainee SA or HI Formal Basic Sale Administration training session (attach certificate); minimum 20 hours required Formal Timber Theft Prevention training (attach certificate); minimum 8 hours required Formal Advanced Sale Administration training within 3 years of SA Certification (attach certificate) Other applicable training (attach worksheet) such as logging systems, resource protection, logging safety, forest plan standards and guidelines pertaining to sale administration, FSM/FSH regulations and policies in sale administration and delegated authorities Other Notes Pertaining to SA Candidate’s Review Sale: 1. 2. 3. 4. Contract is a FS-2400-6(T): what version contract? Sale Consists of multiple payment units Active sale or recently active within the past 3-6 months. Sale will need to cover critical element subject matter R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 44 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12.15d - Exhibit 02 Timber Sale Administration Examination Evaluation, Inspection and Rating INSTRUCTIONS: This inspection evaluation and rating form is divided into two major areas; Knowledge and Familiarity with the contract and related documents, and Performance and Functional Expertise. The two major areas are subdivided into functionally related issues. The issues are further divided into sub-task statements. Indicate on the line opposite each task statement the rating using the following system: FS - Fully Satisfactory NI - Needs Improvement CR - Cannot Rate DEFINITIONS: Fully Satisfactory - The Candidate is competent and performing the task at a journeyman level. A Contracting Officer can expect an acceptable job being done on this task by the Candidate. Needs Improvement - The Candidate is competent, but is performing the task at less than satisfactory levels. The Candidate needs additional training, guidance, direction or supervision in order to improve performance to a fully satisfactory level. A Contracting Officer can expect acceptable performance within one year. Cannot Rate - The Candidate has not performed the task on the examination sale, the task was not applicable to this sale, or the Examination Team was unable to assess performance due to time or timing of exam. NOTES: Part I, the Candidate must be able to demonstrate knowledge and familiarity i.e., understanding and proficiency, of timber sale contracts and interrelationships with related documents in a general sense and in detail related to the contract on which the evaluation is being done. Part II, the Candidate must be able to demonstrate proven performance and functional expertise in sale administration, i.e., getting the job done. Each item will be judged in three areas: 1) the Candidate's understanding of the expected results through the contract provisions as written (expected results); 2) the Candidate's proven performance by the quality of on-the-ground results achieved (existing out comes); and 3) how the resulting outcomes were achieved, especially if different than what the contract expected. Were the actions taken appropriate? R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 45 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12.15d - Exhibit 02 Cont. Regional Forester Representative Evaluation and Rating - Examination Team Summary Timber Sale Administration (FSH 2409.15) CANDIDATE Region Date of Evaluation Forest Sale Name Ranger District Contract # _______________________ _ Purchaser Team Members Overall Rating Demonstrated Knowledge and Familiarity 1. General Knowledge of Project (Candidate's Preparation): 2. Candidate's Functional Knowledge of the Reviewed Sale (Specific Contract Knowledge): Proven Performance and Functional Expertise 3. Financial Aspects: 4. Administration of the Resource Protection Requirements: 5. Sale Administration Actions to Assure Control/Operations: 6. Changes in Contract Status: 7. Records and Documentation: Signatures: RFR Team Leader Title ____________ Team Members Title ____________ _________________________________ ____________ _________________________________ ____________ R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 46 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12.15d - Exhibit 02 Cont. Demonstrated Knowledge and Familiarity with the contract, related documents and process interrelationships: The candidate must demonstrate fundamentals, basic cumulative expertise, and be able to explain the inter-relationship of NEPA, management objectives and expectations, and the various parts of contract administration including function of ATSA and the divisions of the contract; in relationship with implementation of resource management objectives. Category area 1. Candidate's understanding and proficiency a. NEPA - Knowledge of decision document, mitigation measures, design features, constraints, and the contract requirements to carry them out b. Project Objectives - Clear understanding of the sale's expected results; waypoint and end results. (Critical Element) c. Resource Management Knowledge - Awareness of basic resource information and interrelationships and key resource issues/needs for this sale. d. Field Familiarity (ground truthing) - Knowledge of Sale Area prior to beginning of operations to anticipate actions needed to complete contract requirements, provide resource protection, enact correction of contract abnormalities prior to operations and be aware if emerging issues which affect operations. e. Advisory - Involvement of other Resource Specialists related to Candidate's decision making process, as appropriate; particularly in coordination with LE/LE&I. f. Related Skills and Training - Depth of knowledge in administration, sale preparation, valuation, measurements, law enforcement, negotiations, sale administration handbook and other directives and stress management. g. Problem Recognition - Able to recognize and anticipate problems and identify adjustments to assure desired results. h. Accountability and Theft Prevention - Knowledge of Regional and Forest timber theft prevention plans. (Critical Element) Candidate's understanding and proficiency R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 47 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12.15d - Exhibit 02 Cont. Category area Candidate's understanding and proficiency 2. Sale Administrator's Functional Knowledge of the Reviewed Sale (Specific Contract Knowledge): a. Authorities - Awareness of scope of various authorities and limitations, and who has them. (Critical Element) b. Contract - Knowledge and familiarity of contract requirements for this sale. (Critical Element) c. Sale Records - Working files kept complete and orderly. d. Changed conditions - Knowledge of post award changes and what impacts those changes have had on this contract (emerging issues, effects on the contract and operations). e. Expertise - Proficiency demonstrated in effectively managing the sale administration job. f. Time Management - Appropriate prioritizing, with Line and CO input, to achieve acceptable results. g. Other - R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 48 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12.15d - Exhibit 02 Cont. Proven Performance and Functional Expertise: The candidate must demonstrate expertise through specific job performance, illustrate appropriate procedures and substantiate successful results of reaching resource management objectives through knowledgeable administration of the contract. Category Area 3. Financial Aspects BT3.0, BT4.0 and BT5.0: a. Initial ATSA Inputs and Monthly Statements - Timely, accurate and correct. b. Advance Deposits and Bonding - Timely and sufficient. Allocations accurately reflect operations. c. Billings and Payment Unit Release - Appropriate, accurate and on time. (Critical Element) d. Payments; including Stumpage, Down payment, and Periodic payment - Were they made; in adequate amount; on time; posted; and properly released? e. Valuation - Stumpage and other charges accurately determined and charged; including escalation procedures and added and deleted volumes. f. Volume Determination For Tree Measurement sales Added and deleted timber, Product Removal Permits, validation of adjusted volumes. Proper posting to ATSA. Critical Element) i. Other Candidate’s Understanding and Proficiency. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 49 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12.15d - Exhibit 02 Cont. Although not part of the Region 9 regular timber sale program, the following items may be asked of the candidate to determine full range of basic sale administration understanding. Candidates who have this knowledge will be given first consideration when requests are made for out-of-region details. 1. Projections - Consistently reflect sale activities. (Critical Element) 2. Escalation - Calculations correct and timely, including monthly and quarterly. 3. Volume Determination For Scaled sales - Yard agreements, check scaling, Product Removal Permits, validation of scaled volume, adjustments. Category Area: Candidate’s Understanding and Proficiency 4. Administration of the Resource Protection Requirements/BT2.0, BT5.0, BT6.0 and BT7.0: a. Improvements and Facilities; including Roads, Fences, Survey Monuments, Trails Designed, approved, constructed, operated and adequately protected and maintained and rehabed/removed as per requirements. b. Streamcourses - Assured adequate protection. (Critical Element) c. Erosion - Measures designated and required work done in a timely manner. Required maintenance completed. (Critical Element) R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 50 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12.15d - Exhibit 02 Cont. d. Slash - Measures designated and required work done in a timely manner. Required maintenance completed. e. Fire - Precautionary measures and actions taken per contract standards. g. Leave and Residual Stand Actions taken to assure appropriate protection of trees, snags and woody debris. h. TES Species, Cave and Cultural, Historical Resources Locations and habitat protected, including newly discovered sites, habitats and species. (Critical Element) i. Hazmat - Requisite measures implemented and appropriate actions taken. j. Operations Outside Normal Operating Season - Cognizant of, and actions taken, to assure intensified protection. k. Road Maintenance Adequate, appropriate and timely, including dust abatement and snow plowing. l. Other R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 51 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12.15d - Exhibit 02 Cont. Category Area: Candidate’s Understanding and Proficiency. 5. Sale Administration Actions to Assure Control/Operations BT2.0, BT5.0, BT6.0, BT7.0: a. Purchaser's Supervision Purchaser provides adequate/appropriate supervision. Purchaser makes proper request for inspection and acceptance of completed work b. Timber Theft Prevention and Awareness – Sale Administrator is familiar with and implementing Regional & Forest Timber Theft Prevention plans. (Critical Element) c. Tree Accountability Timber designation, including additions and deletions, and boundaries properly done. (Critical Element) d. Skidding and Yarding – Operations planned, approved and completed per contract provisions and agreements, including designation of skid trails and landings. e. Felling and Bucking Operations planned and completed per contract provisions & agreements. f. Safety - Operations conducted providing safe working conditions; including OSHA considerations. Current JHA in effect. (Critical Element) R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 52 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12.15d - Exhibit 02 Cont. g. Sale Management - Sale Administrator maintains adequate control to achieve contract requirements with foresight (to stay "ahead of the curve"), taking appropriate corrective actions with confirmatory follow-up. h. Temporary Road Construction - Construction, pre-approved and done per contract requirements. i. Operations Orderly and Workman-like - On-going and completed work progressing according to current Plans, and in a timely manner. j. Performance Deficiencies and Breach - Contract terms are not being met; or for breach of contract. k. Acceptance of work Inspections in proper format done in a timely manner with proper notification and follow-up, as needed. Final inspections done. l. Other R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 53 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12.15d - Exhibit 02 Cont. Although not part of the Region 9 regular timber sale program, the following item(s) may be asked of the candidate to determine full range of basic sale administration understanding. Candidates who have this knowledge will be given first consideration when requests are made for out-of-region details. 1. Log Accountability - Title Passage. Adequate painting, branding and use of Product Removal Permits. Scaling meeting contractual standards. Category Area: Candidate’s Understanding and Proficiency. 6. Changes in Contract Status B/BT2.0, B/BT4.0, B/BT5.0, B/BT6.0, B/BT7.0, B/BT8.0 and B/BT9.0: a. Approvals - Appropriately made, with resource consideration and well documented. b. Agreements and Changes Appropriately made (with resource consideration) and proper authority, not unilaterally, timely and well documented. (Critical Element) c. Contract Modifications Communicates and documents well the needs and recommendations to CO. Proper format, executed in a timely manner, with appropriate compensation (consideration given to costs/benefits when decisions are made). R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 54 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12.15d - Exhibit 02 Cont. d. Revaluation - Value reconciled: contract modifications/changes, rate redeterminations, corrected road costs, and recalculated deposits appropriately adjusted and correctly accounted for. e. Adjustments - Sale Administrator documents events that would qualify for contract term adjustment. If the Purchaser requests adjustments of time, the needs and documentation are communicated to the FSR and CO in a timely manner. (Critical Element) f. Other Category Area: Candidate’s Understanding and Proficiency 7. Records and Documentation, B/BT1.0, B/BT5.0, B/BT6.0, B/BT7.0, B/BT8.0, and B/BT9.0: a. Inspection reports Inspection reports provide clear, concise, and accurate historical record of sale activities. (Critical Element) b. Operating Plans and Schedules - Plan of Operations and Operating Schedules current and adequate, timely and approved as appropriate. R9 RO SUPPLEMENT EFFECTIVE DATE: 01/13/2011 DURATION: Effective until superseded or removed 2409.15 ,10 Page 55 of 55 FSH 2409.15 – TIMBER SALE ADMINISTRATION CHAPTER 10 – FUNDAMENTALS OF TIMBER SALE CONTRACTING 12.15d - Exhibit 02 Cont. c. Other Plans - Such as Spill Plans, Fire Plans, Route of Hauls, Slash Disposal Plans, etc. as required by contract provision; executed and accepted as appropriate. d. Records and documentation - Progress Map is up-to-date. Approvals and agreements current, and postings are current. (Critical Element) e. Claims and Disputes Well documented, timely and referred to person with authority for resolution. f. Other