Chapter 50 Timber Sale Contract Administration
EFFECTIVE DATE: 5/ /2010
DURATION: Effective until superseded or removed / 2450
Page 2 of 12
FSM 2400 – Timber Management
Chapter 50 – Timber sale contract administration
/ Forest Service MANUAL
Eastern region (Region 9)
Milwaukee, WI
fsM 2400 – TImber management
chapteR 50 – timber sale contract administration
Supplement No.: 2450-2010-1
Effective Date: June 16, 2010
Duration: This supplement is effective until superseded or removed.
Approved: LOGAN LEEDeputy Regional Forester / Date Approved: 6/15/2010
Posting Instructions: Supplements are numbered consecutively by Handbook number and calendar year. Post by document; remove the entire document and replace it with this supplement. Retain this transmittal as the first page(s) of this document. The last supplement to this Handbook was 2400-2007-1 to Chapter 50.
New Document / R9 R0 2450-2010-1 / 20 PagesSuperseded Document(s) (Supplement Number and Effective Date) / R9 RO 2400-2007-2 / 18 Pages
Digest:
2450.46 – Updates Exhibit 1 – Provision Matrix
BT1.1 – Responsibility changed from FSR to CO
BT2.131 – Responsibility changed from SA to HI
BT2.134 – Responsibility changed from FSR to SA
BT2.37 – Responsibility changed from FSR to SA
BT5.1 – Added Responsibility to ER
BT5.212 – Responsibility changed from ER to CO
BT5.3 – Responsibility changed from CO to FSR
BT5.3 – Added “completion prior to hauling”
BT6.1 – Deleted Designate Forest Service Representative
Digest (continued):
BT6.3 – Responsibility changed from FSR to SA
BT6.35 –Changed to “Approve equipment cleaning”, changed responsibility from FSR to HI and CI
BT6.36 – Deleted “of sale area”
BT6.422 – Added
BT6.423 – Added ER Responsibility
BT6.424 – Changed wording
BT6.5 – Removed responsibility from ER
BT6.63 – Responsibility changed from SA and CI to HI
BT6.631 – Removed
BT6.65 – Responsibility changed from SA to HI
BT7.21 – Responsibility changed from CO to FSR
BT8.341 – Responsibility changed from FSR to CO
BT8.342 – Responsibility changed from FSR to CO
BT9.3 – Responsibility changed from SA to HI and CI
BT9.3 – Reworded
CT2.352# - Reworded
CT3.3# - Added
CT3.34# - Added
CT4.211# - Added
CT4.212# - Added
CT4.33 – Added
CT5.12# - Responsibility changed from CO to FSR
CT5.216# - Added
CT5.31# - Added
R9-CT5.33 – Responsibility changed from FSR and ER to SA and CI
R9-CT6.2# - Responsibility changed from CO to FSR
R9-CT6.221 – Removed
CT6.32# - Removed
R9-CT6.4 – Added
R9-CT6.6# - Removed “Agree to Allow for Deposits”
R9-CT6.63# - Added
R9-CT6.82# - Removed
R9-CT7.2 – Responsibility changed from CO to FSR
2450.46 - Timber Sale Contract Administration Team
Exhibit 01 – Provision Matrix (FY 2010)
Contract Provision / Agreement of Action / ResponsibilityCO / FSR / SA / HI / ER / CI
BT1.1 / Subdivide payment units / X
BT2.131 / Designate damaged trees for felling / X
BT2.131 / Agree to leave damaged trees without charge / X
BT2.132 / Include damaged timber / X
BT2.133 / Include timber damaged by catastrophe / X
BT2.134 / Agree to add timber which meets criteria of BT2.134 / X
BT2.14 / Include unintentionally cut timber / X
BT2.16 / Include Other Material / X
BT2.2 / Require or authorize timber to be left / X / X
BT2.32 / Mark dead or unstable trees in advance of felling / X
BT2.32 / Agree to not require removal of material which would damage road / X / X
BT2.37 / Agree to minor adjustments / X
BT2.37 / Accept alternative facilities and revise payment Units and adjust estimated quanities / X
BT2.41 / Make adjustments for volume deficit / X
Exhibit 01 – Provision Matrix (FY 2010) Cont.
Contract Provision / Agreement of Action / ResponsibilityCO / FSR / SA / HI / ER / CI
BT2.42 / Make adjustments for excess volume / X
BT2.43 / Make adjustments for quantity errors / X
BT3.21 / Replace an unavailable index / X
BT3.3 / Approve a rate redetermination / X
BT3.31 / Approve a rate redetermination for environmental modification / X
BT3.32 / Approve a rate redetermination after catastrophic damage / X
BT3.33 / Approve a rate redetermination for Market Change / X
BT3.34 / Approve an Emergency rate redetermination / X
BT3.41 / Agree to removal of species or products listed in AT2 not meeting
utilization standards in more than
incidental amounts / X
BT3.41 / Approve cut and removal of species or products not listed in AT2 subject to rate agreement / X
BT3.42 / Agree to include timber cut by mistake / X
BT3.42 / Establish rates for material covered in this provision / X
BT3.43 / Designate undesignated timber damaged without negligence / X
Exhibit 01 – Provision Matrix (FY 2010) Cont.
Contract Provision / Agreement of Action / ResponsibilityCO / FSR / SA / HI / ER / CI
BT3.44 / Include undesignated timber unnecessarily damaged or negligently or willfully cut / X
BT3.45 / Determine whether purchaser shall remove damaged or cut timber / X
BT4.212 / Suspend operations when advanced deposits are insufficient / X
BT4.218 / Agree to Cooperative Deposits / X
BT4.22 / Agree to reduction of Downpayment / X
BT4.22 / Apply part of Downpayment to cover Debt owed the government / X
BT4.22 / Give notice that delay no longer exists, and require full Downpayment / X
BT4.23 / Approve refund of Excess Cash / X
BT4.24 / Approve final Refund of Cash / X
BT4.3 / Process bonds / X
BT4.31 / Process bonds / X
BT4.32 / Approve Letters of Credit / X
BT4.4 / Suspend sales for failure to pay BFC / X
BT5.1 / Agree to location and clearing
widths for temporary roads / X / X
BT5.1 / Authorize Purchaser to cut and use construction timber without charge / X
Exhibit 01 – Provision Matrix (FY 2010) Cont.
Contract Provision / Agreement of Action / ResponsibilityCO / FSR / SA / HI / ER / CI
BT5.12 / Authorize use of a road not
listed in AT7 / X
BT5.12 / Agree to minimum reconstruction
needed prior to hauling / X
BT5.2 / Agree to the terminus of a specified road / X
BT5.2 / Agree to revise the Schedule of Items / X
BT5.2 / Agree to construct a temporary
road on the location of a specified
road / X
BT5.21 / Agree to allow Purchaser to do Forest Service Survey and Design / X
BT5.21 / Revise AT7 to show Purchaser’s performance responsibility / X
BT5.21 / Revise the Schedule of Items and adjust cost when Purchaser performs work / X
BT5.21 / Agree to alternate starting date / X
BT5.21 / Approve Purchaser's design / X
BT5.21 / Revise the Schedule of Items and adjust TSA, based on approved Design / X
BT5.211 / Approve or Reject Shop Drawings / X
BT5.211 / Agree to more than 10 days to approve or reject Shop Drawings / X
Exhibit 01 – Provision Matrix (FY 2010) Cont.
Contract Provision / Agreement of Action / ResponsibilityCO / FSR / SA / HI / ER / CI
BT5.212 / Approve Purchaser’s replacement staking / X
BT5.212 / Agree for Forest Service to
restake under co-op agreement / X
BT5.212 / Agree for Purchaser to complete Forest Service responsibilities / X / X
BT5.212 / Revise AT7 to show Purchaser’s performance responsibility / X
BT5.212 / Revise the Schedule of Items and adjust cost when Purchaser performs work / X
BT5.22 / Agree to a change in material
delivery schedule and revised
delivery area / X
BT5.23 / Agree to waive "Substantially
Completed" requirement on
Specified Roads / X
BT5.23 / Agree to waive completion of
reconstruction prior to hauling / X
BT5.24 / Approve revision of Schedule of Items / X
BT5.25 / Approve construction cost adjustments / X
BT5.251 / Approve changes of Variation in Quantities / X
Exhibit 01 – Provision Matrix (FY 2010) Cont.
Contract Provision / Agreement of Action / ResponsibilityCO / FSR / SA / HI / ER / CI
BT5.252 / Approve changes in construction costs / X
BT5.253 / Approve or order a Design Change / X
BT5.26 / Approve alternate facility / X
BT5.27 / Orders a delay of purchasers operations for 30 days or more / X
BT5.27 / Credit unamortized costs to Purchaser’s TSA account / X
BT5.27 / Withhold unamortized costs to settle debt owed the government / X
BT5.27 / Give notice that delay has been lifted and bill for released costs / X
BT5.3 / Agree to maintenance plan between two or more commercial users / X
BT5.3 / Determine revised road maintenance deposits for alternate road use / X
BT5.3 / Agree to Purchaser assuming Forest Service maintenance obligations / X
BT5.3 / Agree to waive pre-haul maintenance completion prior to hauling / X / X
BT5.4 / Authorize use by others / X
BT5.4 / Determine Third Party share of Road Mantenance costs / X
Exhibit 01 – Provision Matrix (FY 2010) Cont.
Contract Provision / Agreement of Action / ResponsibilityCO / FSR / SA / HI / ER / CI
BT6.1 / Designate other on-the-ground representatives / X
BT6.2 / Authorize construction of
improvements / X
BT6.21 / Approve continued use of improvements / X
BT6.21 / Dispose of or assume title
to improvements / X
BT6.221 / Notify utilities or other affected parties / X
BT6.221 / Arrange to use existing railroad crossings / X
BT6.23 / Arrange for protective or perpetuative action / X / X
BT6.24 / Allow operations in an area identified as needing special protection / X
BT6.24 / Suspend or delay operations to protect specific resource needs / X
BT6.24 / Agree to allow trees to be felled into a protected site / X
BT6.3 / Release Payment Units / X
BT6.311 / Approve Plan of Operation / X
BT6.311 / Approve revisions to Plan of Operation / X
Exhibit 01 – Provision Matrix (FY 2010) Cont.
Contract Provision / Agreement of Action / ResponsibilityCO / FSR / SA / HI / ER / CI
BT6.312 / Agree on proposed methods of construction / X
BT6.33 / Modify contract to comply with State and Federal safety requirements / X
BT6.33 / Agree to Traffic Control Plan / X / X
BT6.35 / Agree to location and mitigation of on-site equipment cleaning / X
BT6.35 / Approve equipment cleaning / X / X
BT6.35 / Order delay, interruption or modification to protect resources / X
BT6.36 / Accept work – a reasonable
portion of road listed in the Schedule of Items / X
BT6.36 / Recommend acceptance of specific work on a payment unit (such as logging slash, disposal, erosion control, or snag felling) /
X
BT6.36 / Accept work – all contract requirements on a payment unit / X
BT6.36 / Provide written notice that Payment Unit or cutting unit has been accepted and eliminated from the Sale Area / X
BT6.361 / Accept work – specified road work / X
Exhibit 01 – Provision Matrix (FY 2010) Cont.
Contract Provision / Agreement of Action / ResponsibilityCO / FSR / SA / HI / ER / CI
BT6.4 / Agree to leave occasional trees / X
BT6.41 / Agree to alternate method of falling / X / X
BT6.412 / Agree to leave occasional high stumps un-cut / X
BT6.413 / Require limbs to be cut before skidding / X
BT6.422 / Agree to location and size of landings and tractor roads / X
BT6.422 / Agree to location and size of skid trails / X
BT6.423 / Agree to skidding on permanent roads / X / X
BT6.424 / Agree that arches and dozer blades may exceed equipment width / X
BT6.5 / Agree to methods for removal of debris from streamcourses / X
BT6.5 / Designate streamcourse crossing / X
BT6.5 / Authorize temporary stream diversion / X
BT6.6 / Make decision to assume
responsibility and use Purchaser’s
unencumbered deposits / X
BT6.61 / Agree to alternate meadow
protection measures / X
BT6.63 / Stake or otherwise designate
cross-ditches and water bars / X
Exhibit 01 – Provision Matrix (FY 2010) Cont.
Contract Provision / Agreement of Action / ResponsibilityCO / FSR / SA / HI / ER / CI
BT6.64 / Agree to alternate erosion measures on landings / X
BT6.65 / Stake or otherwise mark on the
ground cross-ditches and water bars / X
BT6.65 / Agree to other comparable erosion control measures / X
BT6.66 / Agree to not remove temporary
erosion control structures / X / X
BT6.67 / Agree to perform maintenance on
erosion control structures and agree to rates / X
BT6.81 / Agree to waive branding requirements / X
BT6.81 / Assign and release brands to individual sales / X
BT6.81 / Waive requirement to re-brand products that are cut into different lengths / X
BT6.81 / Assign a catch brand for re-manufactured logs / X
BT6.9 / Request Purchaser to make Puchaser’s books and account available for cost collection / X
BT7.2 / Change dates of fire precautionary period by written notice / X
Exhibit 01 – Provision Matrix (FY 2010) Cont.
Contract Provision / Agreement of Action / ResponsibilityCO / FSR / SA / HI / ER / CI
BT7.21 / Waive specific requirements and authorize substitute measures / X
BT7.22 / Require equipment shutdown to comply with emergency fire precautions / X
BT7.31 / Require further action by Purchaser (BT7.311, 7.312, 7.313) / X
BT7.41 / Determine payment or reimbursement to Purchaser for Operations Fire / X
BT7.43 / Request purchaser support on fire in Sale Area other than Operations or Negligent Fire / X
BT8.12 / Establish appraised value for Included Timber which is damaged / X
BT8.2 / Make adjustments to contract period (BT8.21 thru 8.212) / X
BT8.2 / Permission to delay performance other than volume removal (road maintenance, slash disposal, erosion control, etc.) / X
BT8.222 / Termination for Catastrophe / X
BT8.23 / Determine costs associated with Contract Term Extension / X
BT8.231 / Grant Contract Term Extension / X
BT8.3 / Make contract modifications under BT8.3 and subsections 8.31 thru 8.32 / X
Exhibit 01 – Provision Matrix (FY 2010) Cont.