Timber Sale Contract FS-2400-6

UNITED STATES DEPARTMENT OF AGRICULTURE
Forest Service

TIMBER SALE CONTRACT
DIVISION B
June 2006
(Date of Issue)

STANDARD PROVISIONS FOR SCALED TIMBER SALES
(Applicable to Timber Sales to be Scaled after Felling)
This Division is organized into Parts, Sections, Subsections, and Items. These are numbered in accordance
with the following scheme: Part B1.0, Section B1.1, Subsection B1.11, and Item B1.111. References to a Part include all Sections, Subsections, and Items within that
Part; references to a Section include all Subsections and
Items within that Section; and references to a Subsection
include all Items within that Subsection. Cross-references
within this contract cite the reference number of the applicable Division, Part, Section, Subsection, and Item. De-

scriptive headings used are not to be considered in determining the rights and obligations of the parties.
The Standard Provisions in this Division are subject
to Specific Conditions of the contract stated in Division A.
Wherever appropriate, Specific Conditions established in
Division A are cited by reference number. The listing of
Sections, Subsections, or Items of this Division in A21
has the effect of striking or deleting them from Division B.
A22 lists Special Provisions that comprise Division C.
Where appropriate, references to Special Provisions are
made by citing the applicable reference numbers.

INDEX TO TERMS
Term

Reference

Term

Reference

Advertised Rates
Base Index
Base Rates
Bid Premium Rates
Bid Rates
Catastrophic Damage
Claim
Clearcutting Units
Continuous Scaling Services
Contract Term Adjustment
Contract Term Extension
Current Contract Rates
Current Contract Value
Current Unit Rates
Design Change
Extended Scaling Services
Extension Deposit
Fire Precautionary Period
Flat Rates
Included Timber
Indicated Advertised Rates
Intermittent Scaling Services
Marked
Negligent Fire

A4
A4
A4
A4
A4
B2.133
B9.2
B2.3
B6.81
B8.21
B8.23
B3.1
B3.1
B5.251
B5.253
B6.81
B4.217
B7.2
A4
B2.1
B8.221
B6.81
B2.35
B7.42

Normal Operating Season
Off-Road Equipment
Operations Fire
Out-of-Pocket Expenses
Overstory Removal Units
Plans
Purchaser’s Operations
Required Deposits
Sale Area
Sale Area Map
Scaling
Schedule of Items
Shop Drawings
Specified Roads
Streamcourses
Subcontractor
Substantially Completed
Temporary Roads
Tentative Rate
Termination Date
Timber Sale Account
Understory Removal Units
Unrecovered Expenditures
Utilization Standards

B6.31
B6.35
B7.41
B8.35
B2.3
B5.211
B6.3
A4
B1.1
B1.1
B6.8
B5.2
B5.211
B5.2
B6.5
B8.64
B5.23
B5.1
A4
B8.2
B4.2
B2.3
B8.35
A2, B2.2

Contract FS-2400-6, Pages 110 through 141 (06/2006)
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CONTENTS
Reference
Number

Title

B1.0
SALE AREA
B1.1
Sale Area Map
B1.2
Claims
B2.0
TIMBER SPECIFICATIONS
B2.1
Included Timber
B2.11
Standard Timber
B2.12
Substandard Timber
B2.13
Damaged Timber
B2.131
Damaged by Purchaser
B2.132
Negligent or Willful Damage
B2.133
Damaged by Catastrophe
B2.134
Minor Damage by Natural Causes
B2.14
Unintentionally Cut Timber
B2.15
Construction Timber
B2.16
Other Material
B2.2
Utilization and Removal of Included
Timber
B2.3
Timber Designations
B2.31
Clearcutting Units
B2.32
Construction Clearing
B2.33
Overstory Removal Units
B2.34
Understory Removal Units
B2.35
Individual Trees
B2.36
Incompletely Marked Timber
B2.37
Minor Changes
B2.4
Volume Estimate
B2.41
Adjustment for Volume Deficit
B2.42
Adjustment for Excess Volume
B3.0
RATES OF PAYMENT
B3.1
Current Contract Rates
B3.2
Escalation Procedure
B3.21
Unavailable Index
B3.3
Rate Redetermination
B3.31
Rate Redetermination for
Environmental Modification
B3.32
Rate Redetermination after
Catastrophic Damage
B3.33
Rate Redetermination for Market
Change
B3.34
Emergency Rate Redetermination
B3.4
Other Payment Rates
B3.41
Material Not in A2
B3.42
Timber Cut Through Mistake
B3.43
Designated Timber Cut But Not
Removed
B3.44
Undesignated Timber Damaged
Without Negligence
B3.45
Undesignated Timber Unnecessarily
Damaged or Negligently or Willfully
Cut
B3.46
Liquidated Damages
B3.47
Defect Caused by Abnormal Delay
B4.0
PAYMENTS
B4.1
Amount Payable for Timber
B4.2
Timber Sale Account
B4.21
Cash Deposits

Reference
Page Number

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114
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114
114
114
114
114
114
115
115
115
115
115

B4.211
B4.212
B4.213
B4.214
B4.215
B4.216
B4.217
B4.218
B4.22
B4.23
B4.24
B4.3

B4.31
B4.32
B4.4
B5.0
B5.1
B5.11
B5.12
B5.2
B5.21
B5.211
B5.212
B5.22
B5.23
B5.24
B5.25
B5.251
B5.252
B5.253
115 B5.26
B5.27
115
B5.3
116 B5.4
116 B6.0
116 B6.1
116 B6.11
116 B6.2
B6.21
116 B6.22
B6.221
116
B6.222
B6.23
116 B6.24
116
116
117 B6.3
117 B6.31
117 B6.311
117
111

Title

Downpayment
Advance Deposits
Periodic Payment Schedule
Deposits for Charges Subject to
Escalation
Deposits When Payment
Guaranteed
Blanket Cash Deposits
Extension Deposits
Cooperative Deposits
Temporary Reduction of
Downpayment
Refund of Excess Cash
Refund after Scaling Completed
Payment Guaranteed by Bond or
Deposited Securities
Blanket Bond
Letters of Credit for Payment Bond
Payments Not Received
TRANSPORTATION FACILITIES
Authorization
Requirements of Rights-of-Way
Use of Roads by Purchaser
Specified Roads
Engineering
Contract Plans
Construction Staking
Material Delivery
Use of Partially Constructed Roads
Estimated Cost
Construction Cost Adjustment
Variation in Quantities
Physical Change
Design Change
Alternate Facilities
Temporary Credit for Unamortized
Specified Road Construction Cost
Road Maintenance
Use by Others
OPERATIONS
Representatives
Notices
Improvements
Removal
Protection of Improvements
Protection of Improvements Not
Owned by Forest Service
Protection of Property
Protection of Land Survey Monuments
Protection Measures Needed for
Plants, Animals, Cultural Resources,
and Cave Resources
Control of Operations
Operating Schedule
Plan of Operations

Page

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Reference
Number

B6.312
B6.32
B6.33
B6.34
B6.341
B6.342
B6.35
B6.36
B6.361
B6.4
B6.41
B6.411
B6.412
B6.413
B6.414
B6.42
B6.421
B6.422
B6.423
B6.424
B6.5
B6.6
B6.61
B6.62
B6.63
B6.631
B6.64
B6.65
B6.66
B6.67
B6.7
B6.8
B6.81
B6.811
B6.812
B6.813
B6.814
B6.82
B6.83
B6.84
B6.841
B6.842
B6.85
B6.851
B6.86
B6.9
B7.0
B7.1
B7.2
B7.21
B7.22
B7.3
B7.31
B7.311
B7.312

Title

Plan of Operations for Road
Construction
Protection of Residual Trees
Safety
Sanitation and Servicing
Prevention of Oil Spills
Hazardous Substances
Equipment Cleaning
Acceptance of Work
Acceptance of Specified Roads
Conduct of Logging
Felling and Bucking
Felling in Clearings
Stump Heights
Bucking Lengths
Limbing
Skidding and Yarding
Rigging
Landings and Skid Trails
Skidding on Roads
Arches and Dozer Blades
Streamcourse Protection
Erosion Prevention and Control
Meadow Protection
Wetlands Protection
Temporary Roads
Temporary Roads to Remain Open
Landings
Skid Trails and Fire Lines
Current Operating Areas
Erosion Control Structure Maintenance
Slash Disposal
Scaling
Scaling Services
Scaling Location
Scaling Adjustments
Delayed or Interrupted Scaling
Services
Weighing Services
Presentation for Scaling
Scaling Other Products
Accountability
Route of Haul
Product Identification
Scaling Lost Products
Scaling Lost Sample Loads
Scale Reports
Records
FIRE PRECAUTIONS AND CONTROL
Plans
Fire Precautions
Substitute Precautions
Emergency Precautions
Fire Control
Purchaser’s Reinforcement Obligations
Suspend Operations
Personnel

Reference
Page Number

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Title

B7.313
Equipment
B7.4
Fire Suppression Costs
B7.41
Operations Fire
B7.42
Negligent Fire
B7.43
Other Fires on Sale Area
B7.5
State Law
B7.6
Performance by Contractor
B8.0
OTHER CONDITIONS
B8.1
Title and Liability
B8.11
Title Passage
B8.12
Liability for Loss
B8.2
Period of Contract
B8.21
Contract Term Adjustment
B8.211
Delay in Reconstruction of
Processing Facilities
B8.212
Market-Related Contract Term
Addition
B8.22
Termination for Catastrophe
B8.221
Termination by Purchaser
B8.222
Termination by Forest Service
B8.23
Contract Term Extension
B8.231
Conditions for Contract Term
Extension
B8.3
Contract Modification
B8.31
Changed Conditions
B8.32
Modification for Catastrophe
B8.33
Contract Suspension and Modification
B8.34
Contract Termination
B8.341
Termination by Forest Service
B8.342
Termination by Purchaser
B8.35
Out-of-Pocket Expenses
B8.36
Termination for Market Change
B8.4
Performance by Other than Purchaser
B8.5
Sale of Other Materials
B8.6
Provisions Required by Statute
B8.61
Covenant against Contingent Fees
B8.62
Officials Not to Benefit
B8.63
Nondiscrimination in Employment
B8.64
Debarment and Suspension
Certification
B8.65
Contract Consistency With Other Laws
B9.0
PERFORMANCE AND SETTLEMENT
B9.1
Performance Bond
B9.11
Bond Reduction
B9.12
Letters of Credit
B9.13
Temporary Bond Reduction
B9.2
Disputes
B9.21
Time Limits for Submission of Claim
B9.22
Contract Documents
B9.3
Breach
B9.31
Termination for Breach
B9.4
Damages for Failure to Cut or
Termination for Breach
B9.5
Settlement
B9.6
Contract Closure

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B1.0—SALE AREA
B1.1 Sale Area Map. The boundaries of “Sale Area”
and any subdivision thereof, are as shown on the attached “Sale Area Map” that is made a part hereof, and
were, before timber sale advertisement, designated on
the ground by Forest Service to meet the anticipated
needs of the parties. The location of Sale Area and its
approximate acreage are stated in A1. Subdivisions may
be revised and additional ones may be established only
by written agreement. Subdivisions or cutting units may
be eliminated from Sale Area under conditions described
in B6.36. Catastrophically Damaged areas may be removed from Sale Area under B8.32.
Where applicable, the following are also identified on
Sale Area Map:
(a) Identified claims limiting Purchaser’s rights under
B1.2;
(b) Subdivisions defined in B2.3 where timber is to
be Marked after date of timber sale advertisement;
(c) Boundaries of Clearcutting Units, Overstory Removal Units, and Understory Removal Units under B2.3;
(d) Diameter limits for Overstory Removal Units and
Understory Removal Units under B2.33 and B2.34;
(e) Areas where leave trees are Marked to be left
uncut under B2.35;
(f) Specified Roads listed in A7;
(g) Sources of base course, surface rock, and rock
riprap listed in the Schedule of Items under C5.221;
(h) Roads where log hauling or use is prohibited or
restricted under B5.12;
(i) Roads and trails to be kept open under B6.22;
(j) Improvements to be protected under B6.22;
(k) Locations of known wildlife or plant habitat and
cave resources to be protected under B6.24;
(l) Locations of areas known to be infested with
specific invasive species of concern under B6.35;
(m) Maximum stump heights when more than one
height is listed by areas in A6 under B6.412;
(n) Skidding or yarding methods specified under
B6.42;
(o) Streamcourses to be protected under B6.5;
(p) Locations of meadows requiring protection under
B6.61;
(q) Locations of wetlands requiring protection under
B6.62;
(r) Locations of temporary roads to be kept open
under B6.631; and
(s) Other features required by Division B or C.
B1.2 Claims. Valid claims are excluded from Sale
Area, except those on which timber cutting is authorized
in writing by the claimant and except mining claims on
which cutting is authorized by the Act of July 23, 1955 (30
USC 614). Claims that limit Purchaser’s rights to operate
under this contract and that Forest Service has been able
to identify are shown on Sale Area Map. Purchaser is not
obligated to operate contrary to existing claim limitations.
Forest Service shall designate boundaries of claims on
the ground to the extent necessary to identify Included
Timber.

B2.0—TIMBER SPECIFICATIONS
B2.1 Included Timber. “Included Timber” consists of:
B2.11 Standard Timber. Live and dead trees
and portions thereof that meet Utilization Standards under
B2.2 and are designated for cutting under B2.3.
B2.12 Substandard Timber. Live and dead trees
that:
(a) Do not meet Utilization Standards and
(b) Are located in Clearcutting Units or construction
clearings or are otherwise designated for cutting.
B2.13 Damaged Timber.
B2.131 Damaged by Purchaser. Undesignated live trees meeting Utilization Standards:
(a) Within 200 feet slope distance from centerline of
roads constructed hereunder that are damaged by Purchaser’s construction to the extent that considerable deterioration or mortality is imminent and are designated by
Forest Service for felling before the nearest road segment
is Substantially Completed or
(b) That are damaged by Purchaser in logging and
are subsequently Marked before Purchaser has completed skidding or yarding operations in the immediate
area.
By agreement, such trees may be left without charge
if their removal would cause undue damage or be grossly
uneconomic.
B2.132 Negligent or Willful Damage. Undesignated timber meeting Utilization Standards and unnecessarily damaged or negligently or willfully cut by Purchaser, if included by Contracting Officer.
B2.133 Damage by Catastrophe. As provided under B8.32, undesignated live and dead timber
within Sale Area, meeting Utilization Standards, and affected by Catastrophic Damage. “Catastrophic Damage”
as used hereunder is major change or damage to Included Timber on Sale Area, to Sale Area, to access to
Sale Area, or a combination thereof:
(a) Caused by forces, or a combination of forces, beyond control of Purchaser, occurring within a 12-month
period, including, but not limited to, wind, flood, earthquake, landslide, fire, forest pest epidemic, or other major
natural phenomenon and
(b) Affecting the value of any trees or products meeting Utilization Standards, within Sale Area and estimated
to total either:
(i) More than half of the estimated timber volume stated in A2 or
(ii) More than two hundred thousand cubic feet
(2,000 CCF) or equivalent.
Catastrophic Damage does not include changes
caused by forest pest epidemics or foreseeable deterioration if Included Timber was sold for salvage or pest control.
B2.134 Minor Damage by Natural Causes.
Undesignated trees within Sale Area and meeting Utilization Standards, in amounts less than specified in B2.133,
that become insect infested, windthrown, suffer serious
damage, or die, as designated by agreement.
B2.14 Unintentionally Cut Timber. Trees, within
or immediately adjacent to Sale Area or to road

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construction or other authorized clearing outside Sale
Area, not designated for cutting under B2.3 but that are
cut through mistake by Purchaser, when included by
Contracting Officer.
B2.15 Construction Timber. Trees to be used
for construction under B5.1.
B2.16 Other Material. Species or products not
listed in A2, upon written approval of Contracting Officer
under B3.41.
B2.2 Utilization and Removal of Included Timber.
“Utilization Standards” for trees and minimum pieces are
stated in A2. To meet minimum tree specifications, trees
must equal or exceed tree diameters listed in A2 and contain at least one minimum piece. Except for timber required or authorized to be left, Purchaser shall fell and
buck such trees and shall remove from Sale Area and
present for Scaling all pieces that:
(a) Meet minimum piece standards in A2 or
(b) Do not meet such standards, but would have
qualified as part of minimum pieces if bucking lengths
were varied to include such material.
B2.3 Timber Designations. Timber designated for
cutting shall be confined to Sale Area, except as provided
in B2.131, B2.14, B2.15, B2.32, and B5.1. Sale Area Map
indicates subdivisions, if any, where Marking under B2.35
is to be done after timber sale advertisement, except for
construction clearing under B2.32, minor changes under
B2.37, and damaged timber.
The boundaries of Clearcutting Units, Overstory Removal Units, and Understory Removal Units were plainly
Marked on ground before timber sale advertisement and
are shown on Sale Area Map. Boundary trees shall not be
cut. The number of units and approximate acreage of
timber designations are stated in A3.
B2.31 Clearcutting Units. All trees that meet
Utilization Standards within “Clearcutting Units” are
designated for cutting.
B2.32 Construction Clearing. All timber is
designated for cutting that is within the clearing limits of
roads constructed hereunder or is in other authorized
clearings. All dead or unstable live trees are designated
for cutting that are sufficiently tall to reach Purchaser’s
landings or the roadbed of Specified and Temporary
Roads when Marked in advance of felling of timber in the
immediate vicinity. Pieces meeting Utilization Standards
from such dead or unstable live trees shall be removed,
unless there is agreement that to do so could damage the
road. Such designation may be revised as part of agreed
changes in road location under B5.2.
B2.33 Overstory Removal Units. All trees within
“Overstory Removal Units” are designated for cutting
when they meet Utilization Standards and equal or
exceed the diameter limits shown on Sale Area Map.
B2.34 Understory Removal Units. All trees
within “Understory Removal Units” are designated for
cutting when they meet Utilization Standards and are
smaller than the diameter limits shown on Sale Area Map.
B2.35 Individual Trees. All trees to be cut, other
than in the units described in B2.31, B2.32, B2.33, and
B2.34, are Marked or designated by description. Trees

are “Marked” when individually designated by Forest
Service with paint marks above and below stump height.
Sale Area Map indicates areas plainly identified on
the ground where leave trees are Marked to be left uncut.
B2.36 Incompletely Marked Timber. Trees
within incompletely Marked subdivisions shown on Sale
Area Map at time of timber sale advertisement shall be
designated in accordance with C2.36. A representative
sample of the timber to be designated has been Marked
prior to timber sale advertisement in accordance with
such rules. The approximate locations of the representative sample areas are shown on Sale Area Map.
B2.37 Minor Changes. Within Sale Area, minor
adjustments may be made in boundaries of cutting units
or in the timber individually Marked for cutting when acceptable to Purchaser and Forest Service.
B2.4 Volume Estimate. The estimated volumes of
timber by species designated for cutting under B2.3 and
expected to be cut under Utilization Standards are listed
in A2. If Sale Area Map indicates that there are incompletely Marked subdivisions, the objective of Forest Service shall be to designate for cutting in such subdivisions
sufficient timber so that Sale Area shall yield the approximate estimated volume by species or species
groups stated in A2. However, the estimated volumes
stated in A2 are not to be construed as guarantees or
limitations of the timber volumes to be designated for cutting under the terms of this contract.
Volume adjustments shall not be made under this
Section after there is modification for Catastrophic Damage under B8.32.
B2.41 Adjustment for Volume Deficit. If Sale
Area Map indicates that there are incompletely Marked
subdivisions and if Contracting Officer determines that a
deficit in the estimated volume will cause the volume cut
to be less than 90 percent of the total estimate shown in
A2, Forest Service, upon request by Purchaser, shall designate additional timber within Sale Area. Such additional
timber shall be limited to that estimated to be necessary
to reach approximately the estimated volumes by species
listed in A2. Any such additional designation shall be consistent with land and resource management plans.
B2.42 Adjustment for Excess Volume. If Sale
Area Map indicates that there are incompletely Marked
subdivisions and if Contracting Officer determines that the
volume cut will be more than 120 percent of the total estimated volume listed in A2, Forest Service, upon request
by Purchaser, shall make an adjustment in Marking or
cutting unit boundaries with the objective of designating
for cutting the approximate estimated volumes by species
listed in A2. Such adjustments in volumes shall be confined to (a) Marking adjustments on Sale Area and (b) reduction in area to be cut over. Such adjustments or reductions shall not conflict with the silvicultural treatment
being applied on Sale Area and shall not materially
change the average value by species of the timber designated for cutting. Such adjustments may be made notwithstanding the provisions of B1.1 and B2.3.
If the timber designated for cutting is not reduced by
such adjustments to less than 120 percent of the total es-

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timated quantity listed in A2, Purchaser, after cutting 120
percent of the total estimated volume listed in A2, may
elect to have Sale Area reduced to eliminate the remaining Included Timber. However, where felling operations
have been started, units of minimum practical size shall
be retained in Sale Area.
B3.0—RATES OF PAYMENT
B3.1 Current Contract Rates. Included Timber that
is removed by Purchaser and presented for Scaling in the
product form stated in A2 shall be paid for at Current
Contract Rates determined under this Section. “Current
Contract Rates” shall be (a) Flat Rates and (b) Tentative
Rates adjusted by the escalation procedures in B3.2. Flat
Rates and Tentative Rates shall be those listed in A4,
unless superseded by rates redetermined under B3.3 or
established for Contract Term Extension. In addition, Required Deposits shall be made as listed in A4, C5.32, and
C6.816, or established under B3.3 or B8.23.
In the event Termination Date is adjusted under
B8.21 or B8.212, Current Contract Rates shall be continued in the same manner as immediately prior to the adjustment period.
Notwithstanding B8.23, Current Contract Rates for
timber cut and removed from Sale Area that remains unscaled after Termination Date, as adjusted or extended,
shall be Current Contract Rates in effect on Termination
Date.
“Current Contract Value” is the sum of the products of
Current Contract Rates and estimated remaining unscaled volumes by species of Included Timber meeting
Utilization Standards.
B3.2 Escalation Procedure. Tentative Rates for
those species and products listed in A4a are subject to
quarterly escalation in accordance with the following procedures: The calendar quarter index average for each
price index described in A5 is the arithmetic average of
the three such monthly price indices preceding January 1,
April 1, July 1, and October 1. The difference between
calendar quarter index average and Base Index listed in
A4a shall be the basis for quarterly escalation. To arrive
at Current Contract Rates for timber Scaled during the
preceding calendar quarter, Tentative Rates for each
species shall be reduced or increased by such difference,
except when the calendar quarter index average is:
(a) Less than the Base Index, the reduction shall not
result in a rate below Base Rate or
(b) Greater than the Base Index, the increase shall
not exceed the difference between Tentative Rate and
Base Rate.
In the event of Contract Term Extension, the escalation procedure will be used during the extension period,
except that adjusted payment rates for any calendar quarter cannot be less than Tentative Rates, for each species
and product group, established under B8.23 for the extension period.
B3.21 Unavailable Index. If an index described
in A5 is no longer available, Contracting Officer may replace that index. If Contracting Officer determines that a
replacement index does not exist, Current Contract Rates

for the remainder of the timber sale shall be a Flat Rate.
Flat Rates will be Tentative Rates adjusted by the arithmetic average of the index described in A5 for a 12month period prior to its becoming unavailable using the
quarterly adjustment procedure outlined in B3.2. Contracting Officer will determine availability and a beginning
point to average the index for Flat Rates. Such Flat Rates
are subject to rate redetermination as provided elsewhere
under this contract.
B3.3 Rate Redetermination. Rates may be
redetermined as set forth in this Section. Bid Premium
Rates shall be added to all redetermined rates, except as
provided in B3.31, B3.32, and B3.33.
Rate redeterminations shall be made in accordance
with the standard Forest Service methods in effect 45
days prior to rate redetermination. Such methods shall
take into consideration factors that may affect timber
value at rate redetermination date.
Redetermined rates shall not be less than Base
Rates listed in A4, except for reduction under B3.31,
B3.32, or B3.33. Required Deposits shall be
redetermined. Redetermined Specified Road construction
cost is subject to the limitations of B5.26.
B3.31
Rate
Redetermination
for
Environmental Modification. In the event of a contract
modification under B8.33 or partial termination under
B8.34, Contracting Officer shall make an appraisal to
determine for each species the difference between the
appraised unit value of Included Timber remaining
immediately prior to the revision and the appraised unit
value of Included Timber to be cut under the modification.
The appraisal shall consider the estimated cost of any
construction work listed in the Schedule of Items that was
performed and abandoned.
Tentative Rates and Flat Rates in effect at the time of
the revision will be adjusted by said differences to
become Current Contract Rates. Accordingly, Base Rates
shall be adjusted to correspond to the redetermined rates
if redetermined rates are less than the original Base
Rates, subject to a new Base Rate limitation of the cost of
essential reforestation or 25 cents per hundred cubic feet
or equivalent, whichever is larger. However, existing Base
Indices shall not be changed under this Subsection.
Redetermined rates, or differences for rates subject
to B3.2, and Required Deposits shall be considered
established under B3.1 for timber Scaled subsequent to
the contract revision.
B3.32 Rate Redetermination after Catastrophic Damage. In event of Catastrophic Damage and adjustment, if any, of Included Timber, Contracting Officer
shall make an appraisal to determine for each species the
catastrophe-caused difference between the appraised
unit value of Included Timber remaining immediately prior
to the catastrophe and the appraised unit value of existing
and potential Included Timber immediately after the catastrophe. Included Timber is any that would not be eliminated under B8.32. Potential Included Timber is any that
would be added under B8.32.
Tentative Rates and Flat Rates in effect at the time of
catastrophe shall be adjusted by said differences to be-

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come the redetermined rates for the purpose of a contract
modification under B8.32. Accordingly, Base Rates shall
be adjusted to correspond to the redetermined rates if
redetermined rates are less than the original Base Rates,
subject to new Base Rate limitations of 25 cents per hundred cubic feet or equivalent. However, existing Base Indices shall not be changed under this Subsection.
Upon agreement under B8.32, redetermined rates
and Required Deposits shall be considered established
under B3.1 for timber Scaled subsequent to Catastrophic
Damage.
At time of such appraisal, Specified Road construction cost shall include the estimated cost of any construction work listed in the Schedule of Items performed and
abandoned.
B3.33 Rate Redetermination for Market
Change. In the event of delay or interruption, exceeding
90 days, under B8.33, Contracting Officer shall make an
appraisal to determine for each species the difference
between the appraised unit value of Included Timber
immediately prior to the delay or interruption and the
appraised unit value of Included Timber immediately after
the delay or interruption. The appraisal shall be done after
any rate redetermination done pursuant to B3.31, using
remaining volumes.
Tentative Rates and Flat Rates in effect at the time of
delay or interruption or established pursuant to B3.31 will
be reduced, if appraised rates declined during the delay
or interruption, to become Current Contract Rates.
Increases in rates will not be considered. Accordingly,
Base Rates shall be adjusted to correspond to the
redetermined rates if redetermined rates are less than the
original Base Rates, subject to a new Base Rate limitation
of the cost of essential reforestation or 25 cents per
hundred cubic feet or equivalent, whichever is larger.
However, existing Base Indices shall not be changed
under this Subsection.
Redetermined rates shall be considered established
under B3.1 for timber Scaled subsequent to the delay or
interruption.
B3.34 Emergency Rate Redetermination.
Forest Service shall redetermine rates if, upon
Purchaser's application, Forest Service determies that,
because of changes in the timber market since the award
date or the last rate redetermination under this provision,
the Producer Price Index identified in A20 has declined by
25 percent. Rates shall be redetermined under B3.3 and
shall be considered established under B3.1 for timber
Scaled subsequent to Purchaser's application. This
Subsection shall not apply during Contract Term
Extension.
B3.4 Other Payment Rates.
B3.41 Material Not in A2. Incidental amounts of
products or portions of trees of species listed in A2 that
do not meet Utilization Standards may be removed
without charge. Such material may be purposely removed
in more than incidental amounts without charge upon
written approval of Contracting Officer, and subject to
agreement on deposits if needed for road maintenance
and use.

Other species or products not listed in A2 may be cut
and removed upon written approval of Contracting Officer
and subject to agreement on rates of payment and
deposits if needed for road maintenance and use.
When any material suitable for use in a product form
included in A2 is removed in another product form, the
rates of payment shall be not less than but approximately
equivalent to Current Contract Rates and Required Deposits.
B3.42 Timber Cut Through Mistake. Undesignated timber meeting Utilization Standards, cut by Purchaser through mistake and included by Contracting Officer under B2.14, shall be removed and paid for at Current
Contract Rates and Required Deposits, unless such material is not listed in A2. In such event, Contracting Officer, in accord with standard Forest Service methods,
shall establish rates to be paid.
B3.43 Designated Timber Cut But Not Removed. Standard timber shall be removed, as provided in
B2.2, prior to acceptance of subdivision for completion of
logging under B6.36. There shall be no charge when:
(a) The leaving of incidental material is justified under existing conditions, including those under B6.4, or
(b) Cut timber is left by option or requirement, as under B2.31, B2.32, and B6.4.
B3.44 Undesignated Timber Damaged Without
Negligence. Undesignated timber meeting Utilization
Standards, damaged without negligence by Purchaser
and designated by Forest Service under B2.131, shall be
cut, removed, and paid for at Current Contract Rates and
Required Deposits.
B3.45 Undesignated Timber Unnecessarily
Damaged or Negligently or Willfully Cut. Undesignated
timber meeting Utilization Standards and unnecessarily
damaged or negligently or willfully cut by Purchaser, if included by Contracting Officer under B2.132, shall be cut,
removed, and paid for at Current Contract Rates and Required Deposits that are in addition to liquidated damages
under B3.46.
If such timber is of a species or size not listed in A2 or
is of a quality different from designated timber, Contracting Officer shall establish payment rates in accord with
standard Forest Service methods.
B3.46 Liquidated Damages. Unnecessary
damage to or negligent or willful cutting of undesignated
timber, as described in B3.45, on portions of Sale Area
cut over under this contract is likely to cause substantial
silvicultural or other damage to the National Forest. It will
be difficult, if not impossible, to determine the amount of
such damage. Therefore, Purchaser shall pay as fixed,
agreed, and liquidated damages an amount equivalent to
the amount payable at Current Contract Rates. If
designated by Contracting Officer, Purchaser shall
remove such damaged or cut timber and pay for it at
Current Contract Rates.
B3.47 Defect Caused by Abnormal Delay.
Scaling deductions made for rot, check, or other defect
resulting from abnormal delay in Scaling caused by Purchaser shall be recorded separately and charged to Tim-

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ber Sale Account at Current Contract Rates and applica- B4.213, and B4.217, Purchaser shall not be required to
ble deposits.
make advance deposits above those required under this
Item.
When the credit balance in Timber Sale Account is
B4.0—PAYMENTS
B4.1 Amount Payable for Timber. Current Contract less than the amount due for timber estimated to be cut in
Rates and Required Deposits in effect when the timber is 10 days, Contracting Officer will suspend all or any part of
Scaled shall be applied to the Scaled volume to deter- Purchaser’s Operations until payment or acceptable
payment guarantee is received.
mine the amount Purchaser shall pay.
B4.2 Timber Sale Account. “Timber Sale Account” is
B4.213 Periodic Payment Schedule. Puran account maintained by Forest Service of all Pur- chaser shall make periodic payments for stumpage value,
chaser’s deposits, credits, payment guarantees, and the as shown in A19.
charges for:
In the event Purchaser has not paid the amount(s)
stated in A19 as stumpage for volume removed by the
(a) Timber at Current Contract Rates;
(b) Slash disposal, road maintenance, and contract periodic payment determination date(s), Forest Service
shall issue a bill for collection for the difference between
scaling at Required Deposit rates;
(c) Cooperative work at rates established by specific the required amount and payments made by Purchaser. If
payment(s) fall due on a date other than a normal billing
agreement under B4.218; and
date, the payment date shall be extended to coincide with
(d) Other charges provided in this contract.
Cash deposits shall be recorded currently in such ac- the next Timber Sale Account billing date.
The amount of the periodic payment(s) will be recount.
Charges for timber cut shall be made when Forest duced if the payment(s) would result in Purchaser’s credit
Service prepares and furnishes to Purchaser periodic balance for timber charges exceeding the Current Constatements of volume and value of timber cut and Scaled. tract Value.
Charges subject to escalation under B3.2 shall be made
Only cash may be used for this purpose. No other
initially on the basis stated in B4.214 and shall be ad- form of payment is acceptable. Forest Service will apply
justed at the end of each calendar quarter, as provided in the payments to subsequent charges on this contract unB3.2.
der the terms of B4.212.
B4.21 Cash Deposits. Within the limitations of
Except for Contract Term Extension under B8.23, pethis Subsection, Purchaser shall make cash deposits to riodic payment determination date(s) that have not been
meet Purchaser’s obligations within 15 days of billing by reached shall be adjusted one day for each additional day
Forest Service. Deposits shall be made to Forest Service, of contract time granted.
U.S.D.A., by mail or delivery to the address to be furB4.214 Deposits for Charges Subject to
nished by Forest Service. Forest Service shall explain the Escalation. Deposits requested to cover estimated
bill at the time it requests each deposit.
charges for timber subject to escalation under B3.2 shall
B4.211 Downpayment. The downpayment be based upon Current Contract Rates and related deamount shown in A18 may not be applied toward any posits in effect during previous calendar quarter.
other payment required under the provisions of this conB4.215 Deposits When Payment Guarantract, except damages determined pursuant to B9.4, teed. To the extent payment guarantee is provided under
transferred to other timber sales, or refunded until stump- B4.3, requirements for advance cash deposits under
age value representing 25 percent of the total bid value of B4.212 shall be waived for the value of timber on Sale
the timber sale has been charged and paid for, or if 36 Area that is cut, but not removed, and for the value of
CFR 223.49(e) is applicable, the estimated value of the products removed from Sale Area for not more than a
unscaled timber is equal to or less than the amount of the monthly billing period, subject to the provisions of B4.4.
B4.216 Blanket Cash Deposits. Purchaser
downpayment.
If Forest Service makes a determination that this con- may make cash deposits under a written agreement to
tract should not have been included under increased cover charges made under this and other timber sale condownpayment requirements (36 CFR 223.49(e)), the tracts within the same National Forest. Forest Service
downpayment shall be revised and applied in accordance shall allocate such deposits to such timber sales. When
there is to be no timber cutting hereunder for 30 days or
with 36 CFR 223.49(f).
B4.212 Advance Deposits. Purchaser more and payment of current charges has been made,
agrees to make cash deposits in advance of cutting to the allocation to this timber sale shall be reallocated to
other timber sales within the same National Forest at
meet charges under B4.2.
Forest Service billings for advance cash deposits Purchaser’s request. Purchaser shall not start cutting until
shall be in such amounts that Timber Sale Account will allocation has again been made to this timber sale.
B4.217 Extension Deposits. In the event of
maintain an unobligated balance equal to the applicable
charges for timber that Forest Service estimates will be Contract Term Extension, Forest Service shall divide the
cut in not less than 30 days and not more than 60 days. difference between Current Contract Value as of the start
This advance cash deposit may be reduced to a smaller of any Contract Term Extension and the credit balance of
amount by the terms of B4.211, B4.213, B4.215, and/or any deposit made pursuant to B4.213 by the number of
B4.217. Except for amounts required pursuant to B4.211, whole months remaining in Normal Operating Season(s)
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within the extension period to determine the amount of
each “Extension Deposit.”
Purchaser shall make the initial Extension Deposit
prior to Forest Service executing the contract modification. In response to Forest Service billing under B4.21,
Purchaser shall make advance cash deposits. Such deposits shall at least equal each Extension Deposit required for each whole month remaining in Normal Operating Season(s) during the extension period. Extension Deposits shall be due by the last day of each month during
Normal Operating Season whether or not the volume that
is covered by such deposits has been Scaled.
Due dates for Extension Deposits during the extension period may be delayed when Purchaser earns Contract Term Adjustment if Termination Date, as adjusted,
results in one or more additional complete months within
Normal Operating Season(s).
B4.218 Cooperative Deposits. On a basis of
cooperation or assistance (16 USC 572) and by a written
agreement, Forest Service shall perform all or portions of
the work that Purchaser is obligated to perform under this
contract, as well as furnish other services in connection
with activities under this contract. When Forest Service is
to perform such work, Purchaser shall make one or more
deposits to cover the estimated cost of the work. On request of Purchaser, Forest Service shall render monthly
accounts, as may be specified in such agreement.
B4.22 Temporary Reduction of Downpayment.
When, under B8.33, Contracting Officer orders a delay or
interruption of Purchaser’s Operations for more than 30
days when scheduled operations would be occurring but
for the order, the downpayment amount required shall be
temporarily reduced upon the written request of
Purchaser or at the discretion of the Contracting Officer.
For the period of the delay or interruption, the
downpayment on deposit may be reduced to $1,000 or
two (2) percent of the downpayment amount listed in A18,
whichever is larger.
Any downpayment amount temporarily reduced
pursuant to this Subsection may be refunded or
transferred at the request of Purchaser. However, if
Purchaser has outstanding debt owed to the United
States, Contracting Officer must apply the amount of
downpayment that could be refunded to the debt owed in
accordance with the Debt Collection Improvement Act, as
amended (31 USC 3701, et seq.).
Upon Purchaser’s receipt of bill for collection and
written notice from Contracting Officer that the basis for
the delay or interruption no longer exists, Purchaser shall
restore the downpayment to the full amount shown in A18
within 15 days after the date the bill for collection is
issued, subject to the provisions of B4.4. Purchaser shall
not resume contract operations until the downpayment
amount is fully restored.
B4.23 Refund of Excess Cash. If at any time the
credit balance of Timber Sale Account exceeds the
charges for timber that Forest Service estimates will be
cut within the next 60 days, any portion of such excess
that is due to cash in the account shall be refunded, if requested by Purchaser, unless deposited under B4.211,

B4.213, or B4.217. If Purchaser plans no cutting within
the next 60 days, Forest Service may refund the entire
unencumbered cash balance, except as provided in this
Subsection. After a refund for a shutdown, deposits shall
be made to meet the requirements of B4.212 before additional timber may be cut.
B4.24 Refund after Scaling Completed. Any
cash deposit, in excess of that required to meet charges
under B4.2, shall be refunded or transferred within 15
days of Purchaser’s request after Scaling is completed,
except for amounts estimated to be required under B9.5.
B4.3 Payment Guaranteed by Bond or Deposited
Securities. To guarantee payment, Purchaser may furnish and maintain an acceptable surety bond or deposit in
a Federal Depository negotiable securities of the United
States. The securities shall be deposited through the Regional Fiscal Agent accompanied by a power of attorney
and agreement authorizing the bond-approving officer to
sell or collect such securities if payment is not made
within 15 days of billing by Forest Service. The penal sum
of such surety bond or the market value at time of deposit
of such negotiable securities shall be the maximum
amount of the payment guaranteed.
For payment purposes, penal sum of the surety bond
or market value at time of deposit of negotiable securities
shall be in lieu of the performance bond furnished under
B9.1.
B4.31 Blanket Bond. If Purchaser furnishes an
acceptable bond, or deposits securities, in accordance
with B4.3, to guarantee payment for timber from this and
other timber sales within the same National Forest, the
amount of such bond or deposited securities shall be allocated to such timber sales by Forest Service. When
there is to be no timber cutting hereunder for 30 days or
more and payment of current charges has been made,
the allocation to this timber sale shall be reallocated to
other timber sales at Purchaser’s request. Purchaser
shall not start cutting hereunder until this timber sale receives an allocation that will meet the obligation for payment guarantee.
B4.32 Letters of Credit for Payment Bond.
Notwithstanding the provisions of B4.3, Purchaser may
use letters of credit in lieu of a surety bond for payment
bond purposes when approved by Contracting Officer.
B4.4 Payments Not Received. (a) Payments are
due and payable on the date of issue indicated on the bill
for collection. When a payment for timber cut and other
charges is not received at the location designated by
Forest Service by the date allowed in the bill for collection
for receipt of payment, Contracting Officer will suspend all
or any part of Purchaser’s Operations until payment or
acceptable payment guarantee is received. Other
charges include, but are not limited to:
(i) Slash disposal, road maintenance, and
contract Scaling deposits;
(ii) Cooperative work at rates established by
specific agreement under B4.218;
(iii) Damages pursuant to B9.4;
(iv) Road use fees;

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(v) Restoration of downpayment pursuant to
B4.22;
(vi) Periodic payments pursuant to B4.213;
(vii) Extension Deposits pursuant to B4.217; and
(viii)Other mandatory deposits.
(b) Failure to pay amounts due by the date allowed
in the bill for collection for receipt of payment shall be
considered a breach under B9.3. The 30-day notice
period prescribed therein shall begin to run as of the end
of business on the date allowed for receipt of payments. If
the performance or payment is guaranteed by surety
bond, the surety will receive a copy of the written
notification of breach. Demand will be made on the surety
or other institution providing the guarantee or bond
instrument for immediate payment 10 days after issuance
of written notification of the breach.
(c) Pursuant to the Debt Collection Improvement Act
of 1996, as amended, if payment is not received by
Forest Service within 15 days after the date of issue
indicated on the bill for collection:
(i) Simple interest shall be assessed at the
higher of the Current Value of Funds Rate or the Prompt
Payment Rate as established by the Secretary of the
Treasury. Interest will begin to accrue as of the date of
issue indicated on the initial bill for collection.
(ii) Debtors will be assessed administrative
charges, in addition to the delinquent amount due.
Administrative charges are those additional costs incurred
by the Government in processing, handling, and
collecting delinquent debts.
(iii) A penalty charge of six (6) percent per
annum will be assessed on any portion of a debt
delinquent more than 90 days. This penalty charge is in
addition to interest and administrative charges under
paragraphs (c)(i) and (c)(ii). The penalty charge shall
accrue from the date of issue indicated on the bill for
collection and shall be assessed on all outstanding
amounts, including interest and administrative costs
assessed under paragraphs (c)(i) and (c)(ii).
(iv) Payments will be credited on the date
received by the Federal Depository or Collection Officer
designated on the bill for collection.
(d) Forest Service remedies for Purchaser’s failure to
make payment for timber cut and other charges when
due, except for accrual of interest, suspension of all or
any part of Purchaser’s Operations, and administrative
offset, shall be stayed for so long as:
(i) A bona fide dispute exists as to Purchaser’s
obligation to make such payment and
(ii) Purchaser files and prosecutes a timely
Claim.
B5.0—TRANSPORTATION FACILITIES
B5.1 Authorization. Purchaser is authorized to construct and maintain roads, bridges, and other transportation facilities, as needed for harvesting Included Timber
on National Forest and other lands where Forest Service
has such authority. As used in this contract “construct” includes “reconstruct.”

Location and construction of Specified Roads shall be
in accordance with B5.2. Unless otherwise provided
herein, construction may be progressive during this contract. Maintenance shall be governed by B5.3. The location and clearing widths of all Temporary Roads or facilities shall be agreed to in writing before construction is
started. “Temporary Roads” are roads other than Specified Roads that are constructed by Purchaser for the purpose of harvesting Included Timber.
Purchaser is authorized to cut and use for construction without charge construction timber designated by
agreement.
B5.11 Requirements of Rights-of-Way. Purchaser’s road construction and use of rights-of-way identified in attached list or C5.11 shall be confined to rights-ofway and limited by the related easements and stipulations, if any, unless Purchaser makes other arrangements
that will not infringe upon or adversely affect the grantee’s
rights. Easements or right-of-way documents are available in the offices of the Forest Supervisor and District
Ranger.
B5.12 Use of Roads by Purchaser. Except as
provided herein, Purchaser is authorized to use existing
National Forest system roads and Specified Roads listed
in A7, when Forest Service determines that such use will
not cause damage to the roads or National Forest resources.
If Purchaser’s use of an existing temporary or National Forest system road, not listed in A7, cannot be satisfactorily accommodated without reconstruction, Purchaser shall be authorized to use such road upon agreement as to the minimum reconstruction work that Purchaser shall perform before hauling. When appropriate,
such road shall be included in A7 as an alternate facility
under B5.26.
C5.12 lists existing roads shown on Sale Area Map
that for such reasons as limitations in structural capacity,
safety, and protection of soil, water, and roads:
(a) Cannot be used for log hauling or
(b) May be used only under the restrictive limitations
stated therein.
B5.2 Specified Roads. “Specified Roads” are roads,
including
related
transportation
facilities
and
appurtenances, shown on Sale Area Map and listed in
A7. Purchaser shall construct Specified Roads used
under this contract. Construction initiated by Purchaser
on any such Specified Road shall be completed to an
agreed terminus that meets Purchaser’s needs and
prevents unnecessary impact on National Forest
resources. Construction to such terminus shall be in full
accordance with Plans and specifications and the
Schedule of Items identified in A7 or specifications
attached hereto, except for agreed adjustments needed
to accommodate such terminus. The "Schedule of Items"
is a list and description of construction items, quantities,
units of measure, methods of measurement, unit price,
and total amount. Forest Service shall revise the
Schedule of Items to show the estimated cost for the
portion constructed to the revised terminus as a separate
segment.

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A Temporary Road shall not be constructed
substantially on the location for a Specified Road, except
by agreement.
In event of agreed substitution or revision of
construction design, specifications, or performance
responsibility under B5.212, B5.25, B5.26, or C5.215, A7
shall be modified. If Purchaser does not need a Specified
Road or a portion of a Specified Road for harvesting
Included Timber and the Specified Road is not
constructed, the deletion of the road or road segment will
be a mutually agreed Design Change and Timber Sale
Account will be adjusted for the reduction in cost, as
provided in B5.25.
References in the contract to specifications,
standards, or test methods adopted by the American
Association of State Highway and Transportation Officials
(AASHTO), American Society for Testing and Materials
(ASTM), General Services Administration (GSA), or other
recognized national technical associations shall mean
specifications, standards, or test methods, including
interim or tentative issues, that are in effect on the date of
timber sale advertisement.
B5.21 Engineering. Forest Service completed
survey and design for Specified Roads prior to timber
sale advertisement, unless otherwise shown in A8 or
Purchaser survey and design are specified in A7. On
those roads for which Forest Service completes the
design during the contract, the design quantities shall be
used as the basis for revising estimated costs stated in
the Schedule of Items and adjusting Timber Sale
Account.
Forest Service engineering shall be completed
according to the schedule in A8. Should Forest Service
be unable to perform the designated survey and design
by the completion date or other agreed to time, upon
written agreement, Purchaser shall assume responsibility
for such work. In such event, Contracting Officer shall
revise:
(a) A7
to
show
Purchaser’s
performance
responsibility.
(b) The Schedule of Items to include costs of survey
and design, as provided under B5.24, and adjust Timber
Sale Account, as provided in B5.25. Forest Service shall
calculate such costs, using unit rates comparable with
those used in the Schedule of Items.
Purchaser shall furnish a schedule to Forest Service
of specific dates for the start of construction. The
schedule of construction shall be submitted to Forest
Service for approval within 60 days after contract award
and prior to beginning work. Purchaser’s construction
schedule shall reflect Forest Service survey and design
completion dates. Forest Service may agree to
Purchaser’s request for an alternate date for starting
construction.
Purchaser shall perform survey, design, and
construction staking of Specified Roads to be engineered
by Purchaser in accordance with specifications attached
hereto. Based upon the quantities developed by such
design, as approved by Forest Service, Contracting
Officer shall revise the estimated costs stated in the

Schedule of Items and adjust Timber Sale Account. The
methods of computing such revised costs shall be
consistent with the methods that would have been used
had the engineering been performed prior to timber sale
advertisement.
B5.211 Contract Plans. “Plans” are
documents that show location, details, and dimensions of
the work to be performed. On any of the contract Plans
where a portion of the work is drawn out and the
remainder is shown in outline, the parts drawn out shall
apply to all other like portions of the work.
“Shop Drawings” include drawings, diagrams, layouts,
schematics, descriptive literature, illustrations, lists or
tables, performance and test data, and similar materials
furnished by Purchaser to explain in detail specific
portions of the work required by the contract. Purchaser
shall submit a minimum of five (5) sets of required Shop
Drawings to Forest Service, three (3) sets of which will be
retained by Forest Service. Shop Drawings shall not
exceed 24 inches by 36 inches in size. Approval or
rejection and date will be noted or stamped on each set.
Unless agreed otherwise, Forest Service shall approve or
reject the Shop Drawings within 10 days of submission.
Such approval of the Shop Drawings shall not be
construed as a complete check, but will indicate only that
the general method of construction and detailing is
satisfactory. If the Shop Drawings are rejected, Purchaser
must make the noted revisions and resubmit the Shop
Drawings.
A change in the amount of construction work that
exceeds construction tolerances specified in the
specifications identified in A7 caused by a Forest Service
error in construction staking shall be treated as a Design
Change. When incompatible situations arise between
Plans, specifications, and actual conditions on the
ground, Purchaser shall make corrections pursuant to
B5.253.
B5.212 Construction Staking. Purchaser
shall avoid careless or negligent damage to construction
stakes, flags, or marks. If such damage occurs,
Purchaser shall be required to replace stakes necessary
to construction. Purchaser’s replacement staking shall be
approved by Forest Service. Alternatively, upon
Purchaser’s request, Contracting Officer may agree to
perform such work under B4.218.
When A7 shows that construction stakes are to be set
by Forest Service after clearing, Purchaser shall submit to
Forest Service a written schedule for clearing,
construction staking, and construction that will provide
Forest Service a reasonable period for setting
construction stakes. Time for setting construction stakes
may be modified by written agreement.
If Forest Service performs construction staking for
Specified Roads, timing of such staking shall permit
Purchaser’s clearing and other construction activity to
proceed without hindrance or delay, provided Purchaser’s
construction activity is reasonably consistent with needs
identified in Purchaser’s Operating Schedule or
amendments thereto.

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Should Forest Service be unable to perform
construction staking in such reasonable period, upon
written agreement, Purchaser shall assume the
responsibility for construction staking for agreed upon
portions of Specified Roads. In such event, Contracting
Officer shall revise:
(a) A7
to
show
Purchaser’s
performance
responsibility.
(b) The Schedule of Items to include costs of
construction staking, as provided under B5.24, and adjust
Timber Sale Account, as provided in B5.25. Forest
Service shall calculate such costs, using unit rates
comparable with those used in the Schedule of Items.
B5.22 Material Delivery. Within 60 days after
award date, Purchaser shall provide Forest Service a
written schedule showing the desired delivery dates of
any material to be supplied by Forest Service. With
reasonable notice, schedule may be amended by
agreement. Forest Service agrees to make delivery within
15 days after the scheduled delivery dates that are at
least 60 days after the schedule is submitted, unless
prevented by causes beyond control of Forest Service.
If Purchaser does not provide Forest Service the
written schedule within the period provided in this
Subsection, Forest Service agrees to make delivery
within 90 days after a late schedule is submitted, unless
prevented by causes beyond control of Forest Service.
After delivery to and written receipt by Purchaser,
Purchaser is responsible for installation of needed
material and for any loss of or damage to such material
due to Purchaser's negligence prior to installation or
return of unused material to Forest Service.
At Purchaser’s option, Forest Service deliveries shall
be to Purchaser’s storage area, as agreed, or to the
nearest practicable point to the job site along existing
roads. Unused material shall be returned to Forest
Service at location of delivery, unless agreed otherwise.
B5.23 Use of Partially Constructed Roads.
Unless Contracting Officer determines that there is
justification under existing conditions and ground
conditions permit hauling without undue damage, portions
of Specified Roads shall be Substantially Completed prior
to their use for hauling timber. When necessary to
facilitate construction and protect bridges and roads from
damage, timber felled in construction and timber logged
directly to the road from areas immediately adjacent
thereto may be hauled before road construction is
Substantially Completed. Such hauling shall be confined
to periods when abnormal soil erosion and damage to
National Forest lands will not result.
“Substantially Completed” means:
(a) Completion of grading and installation of drainage
structures so they will function effectively and
(b) Laying the specified depth of base course, if any.
No more than half of Included Timber to be hauled
over such portions of road shall be hauled until the base
course has been applied.
Unless agreed otherwise, specified reconstruction
shall be completed on any portion of road prior to hauling
on that portion.

B5.24 Estimated Cost. Estimated costs by
construction phases for Specified Roads listed in A7 are
stated by segments in the Schedule of Items. Such
estimated costs are subject to adjustment under B3.3,
B5.2, B5.21, B5.212, B5.25, and B5.26. Appropriately
adjusted costs shall be made a part of a revised Schedule
of Items and shown as adjustments to Timber Sale
Account. The revised Schedule of Items shall supersede
any prior Schedule of Items when it is dated and signed
by Contracting Officer and a copy is furnished to
Purchaser.
B5.25
Construction
Cost
Adjustment.
Contracting Officer, as provided in B5.21, B5.212,
B5.251, B5.252, and B5.253, shall adjust Specified Road
construction cost estimates in the Schedule of Items and
show the adjustments as credits or debits to Timber Sale
Account in the month when the road segment is
accepted.
B5.251 Variation in Quantities. (a) This
Item applies only to differences between quantities shown
in the Schedule of Items and measured quantities actually
constructed and accepted that are not covered under
B5.252 or B5.253. Only changes in quantities where other
than contract quantity or lump sum is specified in the
Schedule of Items are subject to this Item.
(b) Adjustments to the Specified Road construction
cost for variation in quantities shall be computed at unit
rates established in the Schedule of Items for units of
work actually constructed and measured in accordance
with specified method of measurement shown in the
Schedule of Items and described in the specifications
identified in A7, except that:
(i) When quantity of authorized work performed
or material furnished by Purchaser, under any item shown
in the Schedule of Items and covered by this Item, is
more than 115 percent of original quantity, use Current
Unit Rates to calculate the adjustment for that portion of
work above 115 percent of original quantity.
(ii) When quantity of authorized work performed
or material furnished by Purchaser, under any item shown
in the Schedule of Items and covered by this Item, is less
than 85 percent of original quantity, Forest Service shall
make a revised estimate of cost for such work. Any
revised estimate shall use the same procedures as those
used in original estimates using rates comparable to
those used in computing the most recent cost estimate for
the timber sale. The revised cost estimate shall take into
account any increase or decrease in unit rates that results
from a reduction in quantity of work.
(c) “Current Unit Rates” are Forest Service estimates
of the unit rates for doing the work at the time the
adjustment is approved.
B5.252 Physical Change. (a) Forest Service
shall adjust the Specified Road construction cost if, prior
to acceptance under B6.36, a physical change, caused by
a single event and not due to negligence of Purchaser,
results in an increase or decrease in work and/or
materials furnished by Purchaser involving additional
estimated cost of:
(i) More than $10,000 or

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(ii) More than 10 percent of total Specified Road
construction cost, whichever is less.
(b) Increases to the Specified Road construction cost
shall include cumulative estimated costs of repairing
damage from things such as slides, washouts, landslips,
and fire. Plans and specifications shall be revised when
necessary to meet new conditions. Quantities of work
and/or materials determined from such revised Plans and
specifications, together with estimated quantities of work
and/or materials abandoned, shall be the basis for the
revised Specified Road construction cost.
(c) Forest Service shall determine difference in
quantities for portions of Specified Road affected by
physical change by comparing most recent previous
quantities with total of:
(i) Estimated quantities actually constructed
prior to physical change, including work abandoned, and
(ii) Estimated quantities to be constructed
following physical change.
(d) Forest Service shall calculate the amount of
increase to the Specified Road construction cost by
applying:
(i) Current Unit Rates to differences when
quantities increase and
(ii) Unit rates comparable to those used in
computing most recent cost estimate for the timber sale
when quantities decrease.
(e) When quantity of authorized work to be
performed or material furnished by Purchaser, under any
item shown in the Schedule of Items, is reduced to less
than 85 percent of original quantity, Forest Service shall
make a revised estimate of cost for such work and adjust
the Specified Road construction cost. Any revised
estimate shall use the same procedures as those used in
the original estimates using rates comparable to those
used in the most recent cost estimate for the timber sale.
The revised estimate shall take into account any increase
or decrease in unit rates that results from a reduction in
quantity of work.
B5.253 Design Change. (a) “Design
Change” is a change in work and/or materials shown in
the Schedule of Items and described in Plans or
specifications that has been mutually agreed to in writing
or ordered by Contracting Officer. Changes of a minor
nature (such as adjustment in horizontal and vertical
alignment, that do not exceed specified tolerance,
necessary to maintain or balance earthwork quantities
substantially as designed) and variation in quantities, as
described in B5.251, shall not be considered Design
Changes.
(b) Additions, deletions, or changes in types or
diameter of culverts shown in Plans and changes in
designated water sources shown on Plans shall be
considered Design Changes.
(c) Forest Service may, by written notice from
Contracting Officer, order changes in work to be
performed and/or materials to be furnished by Purchaser
within general scope of the contract. Such work shall:
(i) Be due to differences between anticipated
and actual field conditions,

(ii) Be necessary to construct Specified Roads to
design standards, or
(iii) Be necessary to assure stability of Specified
Roads.
(d) In addition, Contracting Officer may include work
to protect resource values in ordered Design Changes.
Such work must be related to construction of Specified
Roads and be necessary to prevent damage to soil and
water values immediately tributary to Specified Roads.
Other Design Changes may be made by mutual written
agreement.
(e) Forest Service shall revise Plans and
specifications as necessary to meet new conditions.
Quantities of work and/or materials determined from such
revised Plans and specifications, together with quantities
of work and/or materials abandoned, shall be the basis
for adjusting the Specified Road construction cost.
(f) Forest Service shall determine the difference in
quantities for the portion of Specified Road affected by
Design Change by comparing the most recent previous
quantities with the total of:
(i) Estimated quantities actually constructed
prior to Design Change and
(ii) Estimated quantities to be constructed
following Design Change.
(g) Calculate the amount of adjustment to the
Specified Road construction cost by applying:
(i) Current Unit Rates to difference when
quantities increase and
(ii) Unit rates comparable to those used in
computing most recent cost estimates of the timber sale
when quantities decrease.
(h) When quantity of authorized work to be
performed or material furnished by Purchaser, under any
item shown in the Schedule of Items, is reduced to less
than 85 percent of original quantity, Forest Service shall
make a revised estimate of cost of such work and adjust
the Specified Road construction cost. Any revised
estimate shall use the same procedures as those used in
original estimates using rates comparable to those used
in the most recent cost estimate for the timber sale. The
revised estimate shall take into account any increase or
decrease in unit rates that results from a reduction in
quantity of work.
B5.26 Alternate Facilities. If under Purchaser’s
Operating Schedule, roads needed for the removal of
Included Timber differ substantially from Specified Roads,
other roads may be added to A7. Contracting Officer shall
assure that road routing, location, design, and needed
easements will make such other roads acceptable as
parts of the National Forest transportation facilities.
Purchaser shall provide survey, design, and construction
staking for such other roads.
Based on design quantities from such engineering,
Forest Service shall estimate Specified Road construction
costs of alternate facilities, using methods consistent with
those used in the original computation of the Schedule of
Items. If Specified Road construction costs for acceptable
alternate facilities are less than the estimated costs of
facilities listed in the original Schedule of Items that

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Purchaser does not construct, Timber Sale Account shall
be adjusted by Forest Service to reflect the reduction in
costs. In event of rate redetermination under B3.3, such
allowed costs shall be the redetermined estimated costs
of facilities listed in the original Schedule of Items that
Purchaser does not construct.
B5.27 Temporary Credit for Unamortized
Specified Road Construction Cost. When, under
B8.33, Contracting Officer orders a delay or interruption
of Purchaser’s Operations for more than 30 days when
scheduled operations would be occurring but for the
order, the Contracting Officer shall credit the unamortized
cost of Specified Roads to Purchaser’s Timber Sale
Account, upon the written request of Purchaser or at the
discretion of Contracting Officer. The amount credited to
Purchaser shall be limited to stumpage paid above Base
Rates.
Any Specified Road construction cost credited to
Purchaser pursuant to this Subsection may be refunded
or transferred at the request of Purchaser. However, if
Purchaser has outstanding debt owing the United States,
Contracting Officer must apply the amount of credit that
could be refunded to the debt owed in accordance with
the Debt Collection Improvement Act of 1996, as
amended.
Upon written notice from Contracting Officer that the
basis for the delay or interruption no longer exists,
Purchaser shall pay for timber a per unit amount, in
addition to Current Contract Rates, that is equal to the
amount credited to Purchaser’s Timber Sale Account
divided by 80 percent of the estimated remaining volume
of the contract, until the full amount credited to Purchaser
has been returned.
B5.3 Road Maintenance. Purchaser shall maintain
roads, commensurate with Purchaser’s use, in accordance with Road Maintenance Requirements in C5.31
and the Road Maintenance Specifications. Performance
of road maintenance work by Purchaser may be required
prior to, during, or after each period of use. The timing of
work accomplishment shall be based on Purchaser’s Operating Schedule under B6.31.
When two or more commercial users are simultaneously using the same road where Forest Service is not
requiring maintenance deposits, the commercial users will
develop maintenance responsibilities and arrangements
for accomplishing the work. Forest Service must agree to
this plan. If the commercial users cannot agree on maintenance responsibilities, Forest Service shall resolve the
differences.
If Purchaser elects to use different roads than those
listed in C5.31, Forest Service shall determine Purchaser’s commensurate share of road maintenance and
revise road maintenance deposits in C5.32.
If Forest Service cannot perform its full commensurate share of road maintenance, Forest Service shall
make a cash payment to Purchaser for performance of
such work.
Unless agreed in writing, prehaul maintenance shall
be completed on any portion of road prior to hauling on
that portion. Maintenance, as used in this contract, does

not include road reconstruction or repairs of an extraordinary nature.
B5.4 Use by Others. Forest Service shall have the
right to use any road constructed by Purchaser under this
contract for any and all purposes in connection with the
protection and administration of the National Forest.
Other parties, in connection with the logging of tributary
National Forest timber, may use roads constructed by
Purchaser
hereunder
when
Contracting
Officer
determines that such use will not materially interfere with
Purchaser’s Operations. Third party use shall be contingent upon Contracting Officer determining, and third party
agreeing to pay, a fair share of maintenance cost commensurate with such commercial use.
Unless otherwise provided in C5.4, Forest Service
shall authorize other uses of roads constructed by Purchaser hereunder only if:
(a) Contracting Officer makes appropriate arrangements to relieve Purchaser of related maintenance costs
commensurate with such other uses and
(b) Such other uses will not materially interfere with
Purchaser’s Operations.
Where Purchaser reconstructs a road having established use, Purchaser’s use during reconstruction and
thereafter shall be such as to reasonably accommodate
such established use. Contracting Officer shall ensure
that other users do not materially interfere with
Purchaser’s right to use such reconstructed road.
B6.0—OPERATIONS
B6.1 Representatives. Unless otherwise agreed,
Purchaser shall designate, in writing, a representative
who is authorized to receive notices in regard to performance under this contract and take related action. In no
case shall Purchaser designate any representative to this
contract who is currently debarred, proposed for debarment, or suspended by the Federal Government. Purchaser’s representative shall provide a copy of the contract to Purchaser’s field supervisor and persons authorized to assume responsibilities in the field supervisor’s
absence. Prior to initial operations and after shutdowns of
10 days or more, Purchaser’s representative shall notify
Forest Service 2 days, excluding weekends and Federal
holidays, before any operations begin on Sale Area.
Purchaser’s representative shall designate, in writing,
a field supervisor, one of whose responsibilities shall be
on-the-ground direction and supervision of Purchaser’s
Operations. The field supervisor shall be readily available
to the area of operations when operations are in progress
and shall be authorized to receive notices in regard to
performance under this contract and take related action.
The responsibilities of the field supervisor shall include
the safeguarding of National Forest resources and performance within the terms of the contract. Purchaser representative will furnish Forest Service with names of persons authorized to assume responsibilities in field supervisor’s absence. Such delegations may be made a part of
Purchaser’s annual Operating Schedule under B6.31.
Unless Contracting Officer designates another Forest
Service representative and notifies Purchaser in writing,

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the District Ranger is the representative of Forest Service. Forest Service representative shall:
(a) Receive notice in regard to performance under
this contract,
(b) Take action in relation to this contract, and
(c) Be readily available to the area of construction
and logging operations.
Contracting Officer or Forest Service representative
shall designate other on-the-ground representatives in
writing along with their specific contractual responsibilities
and authority. Representatives with authority delegated in
writing are the only Forest Service personnel authorized
to provide notice or take related actions under the contract. Such delegation shall be made within 30 days of receipt of Purchaser’s Plan of Operations.
B6.11 Notices. Notices by either party as to action taken or to be taken by the other respecting this contract shall be made in writing to the other party’s designated representative.
B6.2 Improvements. Purchaser is authorized to construct on National Forest land, buildings, facilities, and
other improvements needed to log Included Timber. Such
construction shall be located where approved in writing by
Forest Service and shall be constructed and used in a
manner that will protect National Forest values.
Purchaser shall comply with the rules and regulations
governing the operation of premises that are occupied
and shall perform the contract in a manner that will not interrupt or interfere with the conduct of Forest Service
business.
Forest Service shall grant written permission before
any camp, quarry, borrow pit, storage, or service area,
other than as shown on Plans, is opened or operated on
National Forest land or administered lands. A camp is interpreted to include the campsite or trailer parking area of
any employee agent, contractor, Subcontractor or their
employees or agents working on the project for Purchaser. Such permission, if granted, shall be without
charge to Purchaser.
B6.21 Removal. Unless Forest Service authorizes continued use, Purchaser shall remove or dispose of
all improvements when no longer needed. Should Purchaser fail to remove or dispose of improvements within 6
months after Termination Date, Forest Service may dispose of improvements at Purchaser’s expense under
B9.5 or may, upon written notice to Purchaser, assume title to improvements in the name of the United States. In
the latter event, Purchaser shall not be required to remove such improvements.
B6.22 Protection of Improvements. So far as
practicable, Purchaser shall protect Specified Roads and
other improvements (such as roads, trails, telephone
lines, ditches, and fences):
(a) Existing in the operating area,
(b) Determined to have a continuing need or use,
and
(c) Designated on Sale Area Map.
Purchaser shall keep roads and trails needed for fire
protection or other purposes and designated on Sale
Area Map reasonably free of equipment and products,

slash, and debris resulting from Purchaser’s Operations.
Purchaser shall make timely restoration of any such improvements damaged by Purchaser’s Operations and,
when necessary because of such operations, shall move
such improvements, as specified in C6.22.
B6.221 Protection of Improvements Not
Owned by Forest Service. Forest Service will notify all
utility companies, or other parties affected, and make arrangements for all necessary adjustments of the public
utility fixtures, pipelines, and other appurtenances likely to
be affected by Purchaser’s Operations.
When Purchaser’s Operations are adjacent to properties of railway, telephone, or power companies, or other
property, work shall not begin until Purchaser has identified actions necessary to prevent damage.
Purchaser shall cooperate with the owners of any underground or overhead utility lines in their removal and/or
rearrangement operations in order that these operations
may progress in a reasonable manner, utility duplication
or rearrangement work may be reduced to a minimum,
and services shall not be unnecessarily interrupted.
In the event of interruption to utility services because
of accidental breakage or as a result of lines being exposed or unsupported, Purchaser shall promptly notify the
proper authority and shall cooperate with that authority in
the restoration of service until the service is restored.
When materials are to be hauled across the tracks of
any railway, Forest Service will make arrangements with
the railroad for the use of any existing crossing or for any
new crossing required. Purchaser shall make arrangements for use of alternate crossings. All construction work
to be performed by Purchaser on the railroad right-of-way
shall not damage railroad company’s property.
B6.222 Protection of Property. In construction and reconstruction of Specified Roads, Purchaser
shall not unnecessarily remove, deface, injure, or destroy
trees, shrubs, or other natural features, unless specifically
authorized. To the extent practicable, Purchaser shall
confine operations to within the clearing limit or other areas designated in the contract and prevent the depositing
of rocks, excavated materials, stumps, or other debris
outside these limits.
Material that falls outside these limits shall be retrieved, disposed of, or incorporated in the work to the extent practicable and necessary to protect adjacent resource values, unless otherwise agreed.
B6.23 Protection of Land Survey Monuments.
Forest Service shall appropriately designate on the
ground all known survey monuments, section corners,
and other corner accessories. Forest Service shall post
identifying signs on two sides of each known bearing tree.
Forest Service shall arrange protective or perpetuative action that does not cause unnecessary delay
to Purchaser in authorized clearings, such as Clearcutting
Units and road construction, and in other instances where
damage to monuments, section corners, and other corner
accessories is unavoidable.
Purchaser shall protect all known survey monuments,
witness corners, reference monuments, and bearing trees
against avoidable destruction, obliteration, or damage

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during Purchaser’s Operations. If any known monuments,
corners, or accessories are destroyed, obliterated, or
damaged by Purchaser’s Operations, Purchaser shall hire
the appropriate county surveyor or a registered land surveyor to reestablish or restore at the same location the
monuments, corners, or accessories. Such surveyors
shall use procedures in accordance with the Bureau of
Land Management “Manual of Instructions for the Survey
of the Public Lands of the United States” for General
Land Office surveys and in accordance with State law for
others. Purchaser shall record such survey in appropriate
county records.
B6.24 Protection Measures Needed for Plants,
Animals, Cultural Resources, and Cave Resources.
(a) Areas, known by Forest Service prior to timber
sale advertisement, needing special measures for the
protection of plants, animals, cultural resources, and/or
cave resources are shown on Sale Area Map and/or identified on the ground, and shall be treated as follows:
(i) Unless agreed otherwise, wheeled or track laying equipment shall not be operated in areas identified as
needing special measures except on roads, landings,
tractor roads, or skid trails approved under B5.1 or
B6.422. Purchaser may be required to backblade skid
trails and other ground disturbed by Purchaser’s Operations within such areas in lieu of cross ditching required
under B6.6. Additional special protection measures
needed to protect such known areas are identified in
C6.24.
(ii) Unless agreed otherwise, trees will not be
felled into areas identified as needing special measures.
(iii) Purchaser shall conduct operations in a
manner that does not damage or disturb identified areas.
In the event that protective measures identified by the
Forest Service are for any reason inadequate,
Contracting Officer may delay or interrupt Purchaser’s
operations, under this Contract, and/or modify this
Contract pursuant to B8.33.
(iv) Purchaser shall immediately notify the Forest
Service if its operations disturb or damage any area
identified as needing special protection, and shall
immediately halt its operations in the vicinity of such area
until the Forest Service authorizes continued operations.
In the event that Purchaser's operations disturb or
damage an area identified as needing special protection,
then Purchaser shall reimburse the Forest Service for the
full cost and expense of any evaluative and remedial
measures undertaken by the Forest Service in connection
with such disturbance or damage. Such payment shall not
relieve Purchaser from civil or criminal liability under
applicable law.
(b) Nothing contained in this Subsection shall
establish, or be deemed to establish any express or
implied warranty on the part of the Forest Service (i) that
the Forest Service has identified all areas within the Sale
Area requiring special protection, or (ii) that measures
prescribed by the Forest Service for protection of such
areas are adequate.
(c) Following sale advertisement, additional areas
needing special measures for protection may be

discovered or identified; protective measures may be
revised or newly prescribed; and, additional species of
plants and/or animals may be added to federal lists of
protected species. In such event, Contracting Officer may
delay or interrupt Purchaser’s operations, under this
Contract, and/or modify this Contract pursuant to B8.33.
(d) Discovery, by either the Purchaser or the Forest
Service, of additional areas, resources, species, or
members of species needing special protection shall be
promptly reported to the other party.
B6.3 Control of Operations. Under this contract,
“Purchaser’s Operations” shall include activities of or use
of equipment of Purchaser, Purchaser’s employees,
agents, contractors, Subcontractors, or their employees
or agents, acting in the course of their employment in operations hereunder on National Forest system lands or
within Forest Service protection boundary (unless acting
under the immediate supervision of Forest Service).
Purchaser’s Operations shall be conducted in a
workmanlike and orderly manner. The timing of required
Forest Service designation of work on the ground and the
performance of other Forest Service work shall not be
such as to cause unnecessary delay to Purchaser.
B6.31 Operating Schedule. Purchaser shall, before commencing operations, provide in writing an annual
Operating Schedule of anticipated major activities and
needs for logging Included Timber, such as logging, road
maintenance, Scaling, and road construction, including
construction staking under B5.212 and material delivery
under B5.22. Upon reasonable notice to Forest Service,
such schedule shall be subject to modifications necessitated by weather, markets, or other unpredictable circumstances.
Subject to B6.6 and when the requirements of B6.66
are met, Purchaser’s Operations may be conducted outside Normal Operating Season. “Normal Operating Season” is the period(s) beginning and ending on the dates
stated in A16 of any year.
B6.311 Plan of Operations. For timber sales
with 2 or more years between award date and Termination Date, within 60 days of final award of contract, Purchaser shall furnish Forest Service a written general Plan
of Operations that shall be in addition to the annual Operating Schedule required under B6.31. The Plan of Operations shall set forth planned periods for and methods of
road construction, timber harvesting, and completion of
slash disposal, erosion control measures, and other
contractual requirements. Forest Service written approval
of the Plan of Operations is prerequisite to commencement of Purchaser’s Operations. Purchaser may revise
this Plan of Operations when necessitated by weather,
markets, or other unpredictable circumstances, subject to
approval of Contracting Officer. In the event of delays beyond the control of Purchaser that qualify for Contract
Term Adjustment, the Plan of Operations shall be adjusted by mutual agreement to accommodate the adjusted contract period.
B6.312 Plan of Operations for Road Construction. Annually, prior to start of construction, Purchaser shall submit a supplement to the Plan of Opera-

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tions that shall include a schedule of proposed progress
and a description of planned measures to be taken to
provide erosion control for work in progress, including
special measures to be taken on any segments of construction not Substantially Completed prior to periods of
seasonal precipitation or runoff. Purchaser shall submit a
revised schedule when Purchaser proposes a significant
deviation from the progress schedule.
Prior to beginning construction on any portion of
Specified Roads identified as sensitive on Plans, Purchaser and Forest Service shall agree on proposed
method of construction.
B6.32 Protection of Residual Trees. Purchaser’s Operations shall not unnecessarily damage
young growth or other trees to be reserved.
B6.33 Safety. Purchaser’s Operations shall
facilitate Forest Service’s safe and practical inspection of
Purchaser’s Operations and conduct of other official
duties on Sale Area. Purchaser has all responsibility for
compliance with safety requirements for Purchaser's
employees.
In the event that Contracting Officer identifies a
conflict between the requirements of this contract or
agreed upon methods of proceeding hereunder and State
or Federal safety requirements, the contract shall be
modified and Purchaser may request an adjustment in
Current Contract Rates to compensate for the changed
conditions.
Unless otherwise agreed in writing, when Purchaser’s
Operations are in progress adjacent to or on Forest
Service controlled roads and trails open to public travel,
Purchaser shall furnish, install, and maintain all temporary
traffic controls that provide the user with adequate
warning of hazardous or potentially hazardous conditions
associated with Purchaser’s Operations. Purchaser and
Forest Service shall agree to a specific Traffic Control
Plan for each individual project prior to commencing
operations. Devices shall be appropriate to current
conditions and shall be covered or removed when not
needed. Except as otherwise agreed, flagmen and
devices shall be as specified in the “Manual on Uniform
Traffic Control Devices for Streets and Highways”
(MUTCD) and as shown on Plans, Sale Area Map, Traffic
Control Plan, or in specifications attached hereto.
B6.34 Sanitation and Servicing. Purchaser
shall take all reasonable precautions to prevent pollution
of air, soil, and water by Purchaser’s Operations. If
facilities for employees are established on Sale Area,
they shall be operated in a sanitary manner. In the event
that Purchaser’s Operations or servicing of equipment
result in pollution to soil or water, Purchaser shall conduct
cleanup and restoration of the polluted site to the
satisfaction of Forest Service.
Purchaser shall maintain all equipment operating on
Sale Area in good repair and free of abnormal leakage of
lubricants, fuel, coolants, and hydraulic fluid. Purchaser
shall not service tractors, trucks, or other equipment on
National Forest lands where servicing is likely to result in
pollution to soil or water. Purchaser shall furnish oilabsorbing mats for use under all stationary equipment or

equipment being serviced to prevent leaking or spilled
petroleum-based products from contaminating soil and
water resources. Purchaser shall remove from National
Forest lands all contaminated soil, vegetation, debris,
vehicle oil filters (drained of free-flowing oil), batteries, oily
rags, and waste oil resulting from use, servicing, repair, or
abandonment of equipment.
B6.341 Prevention of Oil Spills. If
Purchaser maintains storage facilities for oil or oil
products on Sale Area, Purchaser shall take appropriate
preventive measures to ensure that any spill of such oil or
oil products does not enter any stream or other waters of
the United States or any of the individual States.
If the total oil or oil products storage exceeds 1,320
gallons in containers of 55 gallons or greater, Purchaser
shall prepare a Spill Prevention Control and
Countermeasures Plan. Such plan shall meet applicable
EPA requirements (40 CFR 112), including certification by
a registered professional engineer.
Purchaser shall notify Contracting Officer and
appropriate agencies of all reportable (40 CFR 110) spills
of oil or oil products on or in the vicinity of Sale Area that
are caused by Purchaser’s employees agents,
contractors, Subcontractors, or their employees or
agents, directly or indirectly, as a result of Purchaser’s
Operations. Purchaser will take whatever initial action
may be safely accomplished to contain all spills.
B6.342 Hazardous Substances. Purchaser
shall notify the National Response Center and
Contracting Officer of all releases of reportable quantities
of hazardous substances on or in the vicinity of Sale Area
that are caused by Purchaser’s employees, agents,
contractors, Subcontractors, or their employees or
agents, directly or indirectly, as a result of Purchaser’s
Operations, in accordance with 40 CFR 302.
B6.35 Equipment Cleaning. (a) Areas, known
by Forest Service prior to timber sale advertisement, that
are infested with invasive species of concern are shown
on Sale Area Map. A current list of invasive species of
concern and a map showing the extent of known
infestations is available at the Forest Supervisor’s Office.
For purposes of this provision, “Off-Road Equipment”
includes all logging and construction machinery, except
for log trucks, chip vans, service vehicles, water trucks,
pickup trucks, cars, and similar vehicles.
(b) Purchaser shall adhere to the following
requirements with regard to cleaning “Off-Road
Equipment”:
(i) Prior to moving Off-Road Equipment onto the
Sale Area, Purchaser shall identify the location of the
equipment's most recent operation. Purchaser shall not
move any Off-Road Equipment that last operated in an
area infested with one or more invasive species of
concern onto Sale Area without having cleaned such
equipment of seeds, soil, vegetative matter, and other
debris that could contain or hold seeds, and having
notified Forest Service, as provided in (iii). If the location
of prior operation cannot be identified, then Purchaser
shall assume that the location is infested with invasive
species of concern.

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(ii) Prior to moving Off-Road Equipment from a
cutting unit that is shown on Sale Area Map to be infested
with invasive species of concern to, or through any other
area that is shown as being free of invasive species of
concern, or infested with a different invasive species,
Purchaser shall clean such equipment of seeds, soil,
vegetative matter, and other debris that could contain or
hold seeds, and shall notify the Forest Service, as
provided in (iii).
(iii) Prior to moving any Off-Road Equipment
subject to the cleaning requirements set forth above,
Purchaser shall advise Forest Service of its cleaning
measures and make the equipment available for
inspection. Forest Service shall have 2 days, excluding
weekends and Federal holidays, to inspect equipment
after it has been made available. After satisfactory
inspection or after such 2 day period, Purchaser may
move the equipment as planned. Equipment shall be
considered clean when a visual inspection does not
disclose seeds, soil, vegetative matter, and other debris
that could contain or hold seeds. Purchaser shall not be
required to disassemble equipment unless so directed by
the Forest Service after inspection.
(iv) If Purchaser desires to clean Off-Road
Equipment on National Forest land, such as at the end of
a project or prior to moving to, or through an area that is
free of invasive species of concern, Purchaser shall
obtain prior approval from Contracting Officer as to the
location for such cleaning and measures, if any, for
controlling impacts.
(v) Contracting Officer may order delay,
interruption, or modification of this Contract pursuant to
B8.33.
(c)
Nothing contained in this Section shall be
interpreted as creating any warranty on the part of the
Forest Service that all locations of invasive species of
concern have been described herein, elsewhere in this
Contract, or designated on the ground. Following sale
advertisement, additional locations may be described or
designated, and other species may be added to the list of
invasive species of concern. In such event, Contracting
Officer may order delay, interruption, or modification of
this Contract pursuant to B8.33.
(d) The parties shall promptly communicate with one
another with respect to description or designation of
additional locations; discovery of locations of new species
or new infestation; and, addition of species to the list of
invasive species of concern.
B6.36 Acceptance of Work. Upon Purchaser’s
written request and assurance that work has been completed, Forest Service shall perform an inspection within 5
days, excluding weekends and Federal holidays, so as
not to delay unnecessarily the progress of Purchaser’s
Operations. Such a request may be for acceptance of:
(a) Any reasonable portion of Specified Road listed
in the Schedule of Items;
(b) Specific requirements on a subdivision of Sale
Area (such as logging, slash disposal, erosion control, or
snag felling); or

(c) All contract requirements on a subdivision of Sale
Area.
Forest Service may perform such inspections without
request from Purchaser.
Within 2 days of inspection, excluding weekends and
Federal holidays, Forest Service shall furnish Purchaser
with written notice either of acceptance or of work remaining to be done.
In the event that Forest Service is unable to make
such inspection within 5 days of Purchaser’s request,
Purchaser shall be notified in writing of necessity for
postponement and time when inspection can be made.
The same final approval procedure shall be used at the
end of Purchaser’s construction period on any completed
portion of road.
When all contractual work of Purchaser has been accepted for any subdivision of Sale Area or cutting unit
identified on Sale Area Map, subdivision or cutting unit
shall be eliminated from Sale Area on written notice of either party to this contract.
B6.361 Acceptance of Specified Roads.
Specified Road work may be accepted subject to
completion of clearing work that does not affect the road
structure when completion is delayed for reasons beyond
control of Purchaser, such as adverse weather.
Specified Road work may be accepted subject to
completion of planting and seeding for soil stabilization
when completion is delayed for reasons beyond control of
Purchaser, such as seasonal limitations. Purchaser shall
complete planting or seeding on such road during the
next suitable planting season.
Specified Road work may be conditionally accepted
prior to the application of dust palliatives when application
is not necessary to prevent dusting of the road surface
due to climatic conditions. Purchaser shall apply dust
palliative on such roads prior to use during periods when
dusting may occur.
Prior to request for final inspection, Specified Road
work, roadways, borrow pits, and quarries, occupied and
no longer needed by Purchaser in connection with
Purchaser’s Operations, shall be cleared of all rubbish,
excess materials, and temporary structures.
B6.4 Conduct of Logging. Unless otherwise specifically provided herein, Purchaser shall fell trees designated for cutting and shall remove the portions that meet
Utilization Standards, as provided in B2.2, prior to acceptance of subdivision for completion of logging under
B6.36. Forest Service may make exceptions for occasional trees inadvertently not cut or trees or pieces not
removed for good reason, including possible damage to
forest resources or gross economic impracticability at the
time of removal of other timber. Logging shall be conducted in accordance with the following, unless C6.4 provisions set forth requirements to meet special or unusual
logging conditions:
B6.41 Felling and Bucking. Felling shall be
done to minimize breakage of Included Timber and damage to residual timber. Unless agreed otherwise, felling
shall be done by saws or shears. Bucking shall be done
to permit removal of all minimum pieces set forth in A2.

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Purchaser may buck out cull material when necessary to
produce pieces meeting Utilization Standards. Such
bucked out material shall contain a minimum amount of
sound wood, not in excess of the net scale in percentage
of gross scale, or based on the merchantability factor,
whichever is stated in A2. If necessary to assess extent of
defect, Purchaser shall make sample saw cuts or
wedges.
B6.411 Felling in Clearings. Insofar as
ground conditions, tree lean, and shape of clearings permit, trees shall be felled so that their tops do not extend
outside Clearcutting Units, construction clearings, and areas of regeneration cutting.
B6.412 Stump Heights. Stumps shall not
exceed, on the side adjacent to the highest ground, the
maximum heights set forth in A6, except that occasional
stumps of greater heights are acceptable when Purchaser
determines that they are necessary for safe and efficient
conduct of logging. Unless otherwise agreed, Purchaser
shall re-cut high stumps so they will not exceed heights
specified in A6 and shall dispose of severed portions in
the same manner as other logging debris. The stump
heights shown in A6 were selected with the objective of
maximum reasonable utilization of the timber, unless Sale
Area Map shows special areas where stump heights are
lower for aesthetic, land treatment, or silvicultural reasons.
B6.413 Bucking Lengths. Trees shall be
bucked in various lengths to obtain the greatest utilization
of material meeting Utilization Standards.
B6.414 Limbing. When Forest Service determines it is necessary to minimize damage to the residual stand during skidding, Purchaser shall cut exposed
limbs from products prior to skidding. Purchaser may
leave uncut those limbs that cannot be cut with reasonable safety.
B6.42 Skidding and Yarding. Methods of skidding or yarding specified for particular areas, if any, are
indicated on Sale Area Map. Outside Clearcutting Units
and construction clearings, insofar as ground conditions
permit, products shall not be skidded against reserve
trees or groups of reproduction and tractors shall be
equipped with a winch to facilitate skidding.
B6.421 Rigging. Insofar as practicable,
needed rigging shall be slung on stumps or trees designated for cutting.
B6.422 Landings and Skid Trails. Location
of all landings, tractor roads, and skid trails shall be
agreed upon prior to their construction. The cleared or
excavated size of landings shall not exceed that needed
for efficient skidding and loading operations.
B6.423 Skidding on Roads. Products may
be skidded on permanent roads authorized for hauling
under B5.12 only by prior written agreement.
B6.424 Arches and Dozer Blades. Unless
otherwise specified in C6.424, skidding tractors equipped
with pull-type arches or dozer blades wider than tractor
width or C-frame width, whichever is greater, shall not be
used in residual timber outside Clearcutting Units and
other authorized clearings, except on constructed tractor

roads or landings, unless there is written agreement that
residual timber will not be damaged materially by such
use.
B6.5 Streamcourse Protection. “Streamcourses”
that are subject to provisions of this Section are shown on
Sale Area Map. Unless otherwise agreed, the following
measures shall be observed to protect Streamcourses:
(a) Purchaser’s Operations shall be conducted to
prevent debris from entering Streamcourses, except as
may be authorized under paragraph (d). In event Purchaser causes debris to enter Streamcourses in amounts
that may adversely affect the natural flow of the stream,
water quality, or fishery resource, Purchaser shall remove
such debris as soon as practicable, but not to exceed 2
days, and in an agreed manner that will cause the least
disturbance to Streamcourses.
(b) Culverts or bridges shall be required on Temporary Roads at all points where it is necessary to cross
Streamcourses. Such facilities shall be of sufficient size
and design and installed in a manner to provide unobstructed flow of water and to minimize damage to
Streamcourses. Trees or products shall not be otherwise
hauled or yarded across Streamcourses unless fully suspended.
(c) Wheeled or track-laying equipment shall not be
operated in Streamcourses, except at crossings designated by Forest Service or as essential to construction or
removal of culverts and bridges.
(d) Flow in Streamcourses may be temporarily diverted only if such diversion is necessary for Purchaser’s
planned construction and Forest Service gives written authorization. Such flow shall be restored to the natural
course as soon as practicable and, in any event, prior to a
major storm runoff period or runoff season.
B6.6 Erosion Prevention and Control. Purchaser’s
Operations shall be conducted reasonably to minimize
soil erosion. Equipment shall not be operated when
ground conditions are such that excessive damage will
result. Purchaser shall adjust the kinds and intensity of
erosion control work done to ground and weather conditions and the need for controlling runoff. Erosion control
work shall be kept current immediately preceding expected seasonal periods of precipitation or runoff.
If Purchaser fails to do seasonal erosion control work
prior to any seasonal period of precipitation or runoff,
Forest Service may temporarily assume responsibility for
the work and any unencumbered deposits hereunder may
be used by Forest Service to do the work. If needed for
such work, Purchaser shall make additional deposits on
request by Forest Service. Any money deposited or used
for this purpose shall be treated as cooperative deposits
under B4.218.
B6.61 Meadow Protection. Reasonable care
shall be taken to avoid damage to the cover, soil, and water in meadows shown on Sale Area Map. Vehicular or
skidding equipment shall not be used on meadows, except where roads, landings, and tractor roads are approved under B5.1 or B6.422. Unless otherwise agreed,
trees felled into meadows shall be removed by endlining.

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Resulting logging slash shall be removed where necessary to protect cover, soil, and water.
B6.62 Wetlands Protection. Wetlands requiring
protection under Executive Order 11990 are shown on
Sale Area Map. Vehicular or skidding equipment shall not
be used in such wetlands, except where roads, landings,
and tractor roads are approved under B5.1 or B6.422.
Additional measures needed to protect such areas are
provided in C6.62.
B6.63 Temporary Roads. As necessary to attain
stabilization of roadbed and fill slopes of Temporary
Roads, Purchaser shall employ such measures as outsloping, drainage dips, and water-spreading ditches.
After a Temporary Road has served Purchaser’s purpose, Purchaser shall give notice to Forest Service and
shall remove bridges and culverts, eliminate ditches, outslope roadbed, remove ruts and berms, effectively block
the road to normal vehicular traffic where feasible under
existing terrain conditions, and build cross ditches and
water bars, as staked or otherwise marked on the ground
by Forest Service. When bridges and culverts are removed, associated fills shall also be removed to the extent necessary to permit normal maximum flow of water.
B6.631 Temporary Roads to Remain Open.
To maintain short term access to portions of Sale Area for
post-sale treatments and other purposes after a Temporary Road has served Purchaser’s purpose, pursuant to
B6.63, Purchaser agrees, that on Temporary Roads designated on Sale Area Map as “Remain Open,” to construct cross ditches and water bars, as designated,
staked, or otherwise directed by Forest Service, that can
be traversed by a normal two-wheel drive pickup truck.
On “Remain Open” Temporary Roads, all bridges and
culverts shall remain in place and ditches shall not be
eliminated. All drainage structures shall be left in functional condition.
B6.64 Landings. After landings have served
Purchaser’s purpose, Purchaser shall ditch and slope
them to permit water to drain or spread. Unless agreed
otherwise, cut and fill banks around landings shall be
sloped to remove overhangs and otherwise minimize erosion.
B6.65 Skid Trails and Fire Lines. Purchaser
shall construct cross ditches and water-spreading ditches
on tractor roads and skid trails, where staked or otherwise
marked on the ground by Forest Service. Forest Service
shall designate cross ditching on Purchaser-built fire lines
prior to or during construction. By agreement, Purchaser
may use other comparable erosion control measures,
such as backblading skid trails, in lieu of cross ditching.
B6.66 Current Operating Areas. Where logging
or road construction is in progress but not completed,
unless agreed otherwise, Purchaser shall, before operations cease annually, remove all temporary log culverts
and construct temporary cross drains, drainage ditches,
dips, berms, culverts, or other facilities needed to control
erosion.
Such protection shall be provided, prior to end of a
Normal Operating Season, for all disturbed, unprotected
ground that is not to be disturbed further prior to end of

operations each year, including roads and associated fills,
tractor roads, skid trails, and fire lines. When weather
permits operations after Normal Operating Season, Purchaser shall keep such work on any additional disturbed
areas as up to date as practicable.
B6.67 Erosion Control Structure Maintenance.
During the period of this contract, Purchaser shall provide
maintenance of soil erosion control structures constructed
by Purchaser until they become stabilized, but not for
more than 1 year after their construction. Contracting Officer may agree to perform such structure maintenance
under B4.218, if requested by Purchaser, subject to
agreement on rates. Purchaser shall not be responsible
for repair of such structures damaged by other National
Forest users whose activities are not a part of Purchaser’s Operations.
B6.7 Slash Disposal. Purchaser’s timing of product
removal and preparatory work shall not unnecessarily delay slash disposal. Specific slash disposal measures to be
employed by Purchaser are stated in C6.7 and are in addition to Required Deposits for slash disposal.
B6.8 Scaling. “Scaling,” as used herein, involves:
(a) Various volume determination methods, such as
log rule, sampling, measuring, linear measuring, counting,
weighing, or another method or combination of methods;
(b) Various sites, such as truck Scaling stations,
rollways, weighing stations, woods landings, water Scaling stations, or other sites; and
(c) Various geographic locations.
B6.81 Scaling Services. Scaling services shall
be performed by Forest Service personnel or parties
under contract to Forest Service, except that weighing
services may be performed by personnel or parties
approved by Forest Service. Scaling shall be provided in
accordance with the instructions and specifications in A9.
Scalers shall be currently certified to perform accurate
Scaling services. The Scaling services provided shall be
selected exclusively by Forest Service.
Scaling services may be Continuous, Intermittent, or
Extended. “Continuous Scaling Services” is Scaling at
one site five (5) 8-hour shifts a week, exclusive of
Sundays and Federal holidays. “Intermittent Scaling
Services” are non-continuous Scaling services. “Extended
Scaling Services” are Scaling services exceeding
Continuous Scaling Services and may include Sundays
and designated Federal holidays.
Upon written request of Purchaser and approval of
Contracting Officer, Forest Service may provide other
services, such as but not limited to grading, tagging, or
marking of Scaled logs.
B6.811 Scaling Location. Forest Service
shall provide Scaling services at the Scaling site(s) shown
in A10. The Scaling site(s) shown in A10 normally will be
a non-exclusive site where more than one National Forest
timber sale Purchaser may be served.
Purchaser may request, in writing, an alternate Scaling site, such as at a private mill yard, private truck ramp,
or a privately operated log transfer facility. Contracting Officer may approve an alternate Scaling site, when Contracting Officer determines that Scaling conditions at an

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alternate site are acceptable. Such conditions shall include at a minimum:
(a) Scaler safety and comfort,
(b) Product accountability and security,
(c) Facilities and practices conducive to accurate
and independent Scaling, and
(d) The ability to provide for remote check Scaling.
Upon approval of an alternate Scaling site, Forest
Service and Purchaser shall enter into a written memorandum of agreement governing Scaling at that alternate
location. Purchaser agrees that Forest Service personnel
or persons under contract with Forest Service shall perform Scaling services at an alternative Scaling site. In no
instance shall Purchaser or employees of Purchaser perform Scaling services.
B6.812 Scaling Adjustments. Forest
Service shall check the accuracy of the Scaling
performed on National Forest logs. Scaling will be
satisfactory if performed within the accuracy standards
stated in governing instructions identified in A9. In the
event Forest Service check Scale(s) shows a variance in
net Scale in excess of the allowable variance, an
adjustment to volume reported Scaled may be made by
Forest Service.
Such adjustment will be based on the difference
between Forest Service check Scale(s) and original Scale
for sale volume Scaled within the adjustment period. The
volume to which this difference will be applied will be:
(a) One-half of the volume Scaled between the last
satisfactory check Scale and the first unsatisfactory check
Scale or, if a period of 120 days or more occurs without
Scaling National Forest timber for stumpage, the
adjustment will be applied to 100 percent of the volume
Scaled after this period and
(b) 100 percent of the volume Scaled between
unsatisfactory check Scales and
(c) One-half of the volume Scaled between the last
unsatisfactory check Scale and the next satisfactory
check Scale, or if no satisfactory check Scale is
completed and a period of 120 days or more occurs
without Scaling of National Forest timber for stumpage,
the adjustment will be applied to 100 percent of the
volume Scaled since the last unsatisfactory check Scale.
Adjustments may increase or decrease the original
Scaled volume. Adjustments will be applied to Timber
Sale Account to correct charges for Included Timber, plus
deposits, Scaled during the adjustment period.
B6.813 Delayed or Interrupted Scaling
Services. In the event Scaling services are delayed or
interrupted, Purchaser shall discontinue hauling.
Purchaser agrees that in the event such a delay or
interruption occurs for reasons not caused by Purchaser,
its sole and exclusive remedy shall be:
(a) Contract Term Adjustment and
(b) Out-of-Pocket Expenses incurred as a direct
result of the delay or interruption of Scaling services
under this Item.
Purchaser further agrees that no logs will be
presented for Scaling outside agreed upon Scaling
services schedule.

B6.814 Weighing Services. Weighing services for stumpage payment purposes may be provided
by either public or privately owned and operated weighing
facilities. A “Weighing Services Agreement,” approved by
the Forest Supervisor, must be executed at each weighing facility providing weighing services.
Scales used to weigh National Forest products for
payment purposes must be a currently certified scale in
accordance with State law and be capable of weighing
the entire load of logs in a single operation. The weighing
of less than the entire load or weighing two loads at once
is prohibited. Unless otherwise agreed, the minimum
sized weighing facility shall be a 60-ton capacity scale
with a 10 foot by 70 foot platform or larger. The weighmaster must work in a position where it is possible to verify that the truck wheels are on or off the scales.
Weighing facilities shall meet the following minimum
requirements:
(a) Be an electronic design,
(b) Use electronic load cells or have a fully enclosed
and sealed weigh-beam,
(c) Have digital weight meters sealed with a seal approved by the State,
(d) Have a zero interlocking device on the printer,
(e) Have an automatic zero-setting mechanism,
(f) Have an automatic motion-detecting device,
(g) Be shielded against radio or electromagnetic interference, and
(h) Have a date and time stamp and gross and tare
weights that print electronically with each weighing. Contracting Officer may waive electronic printing for public or
third party weighing facilities.
Purchaser shall bear all charges or fees for weighing
services.
B6.82 Presentation for Scaling. Purchaser shall
present products so that they may be Scaled in an economical and safe manner. If prior to Scaling, Included
Timber is to be mixed with other timber, Purchaser shall,
prior to mixing, provide for distinguishing, by means approved by Forest Service, each product included in this
contract.
Trees or pieces presented for Scaling that have not
been bucked to separate material meeting minimum
piece standards from material not meeting minimum
piece standards due to diameter, shall be Scaled as
though such bucking had been done.
Deductions made for rot, check, or other defects resulting from abnormal delay in Scaling caused by Purchaser shall be recorded separately and charged to Timber Sale Account under B3.47.
Any timber that has been removed from Sale Area
during the period of this contract, but remains unscaled
after Termination Date, shall be Scaled at the earliest reasonable date.
B6.83 Scaling Other Products. The Scaled volume of material presented for Scaling in forms other than
those stated in A2, when appropriate, shall be converted
to the A2 unit of measure by the application of standard
converting factors and procedures in effect at the time the

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sale was sold. Other converting factors may be used by
written agreement.
B6.84 Accountability. When Scaling is
performed away from Sale Area, products shall be
accounted for in accordance with Forest Service written
instructions or an Accountability Agreement between
Forest Service and Purchaser and as follows:
(a) Purchaser shall plainly mark or otherwise identify
products prior to hauling in accordance with B6.842;
(b) Forest Service shall issue removal receipts to
Purchaser;
(c) Purchaser shall assign a competent individual at
the landing to complete removal receipts and attach them
to each load of products removed from Sale Area;
(d) Removal receipts shall be returned to Forest
Service at periodic intervals;
(e) When products are in transit, the truck driver shall
possess or display removal receipt and show it upon
request as evidence of authority to move products;
(f) The scaler’s portion of removal receipt shall be
surrendered at point of Scaling, the unloading point, or as
requested by Forest Service; and
(g) Purchaser shall notify Forest Service of lost or
off-loaded logs and their location within 12 hours of such
loss.
Purchaser shall not place products in storage for
deferred Scaling until an accountability system has been
agreed to in writing for a stated period.
B6.841 Route of Haul. As part of the annual
Operating Schedule, Purchaser shall furnish a map showing the route of haul over which unscaled products will be
transported from Sale Area to the approved Scaling location. Such route of haul shall be the shortest, most economical haul route available between the points.
Upon advance written agreement, other routes may
be approved. All unscaled products removed from Sale
Area shall be transported over the designated routes of
haul. Purchaser shall notify Forest Service when a load of
products, after leaving Sale Area, will be delayed for more
than 12 hours in reaching Scaling location.
Purchaser shall require truck drivers to stop, if requested by Forest Service, for the following reasons:
(a) For accountability checks when products are in
transit from Sale Area to the designated Scaling location
or
(b) For a remote check Scale when products are in
transit after being truck Scaled at the designated Scaling
location.
Purchaser and Forest Service shall agree to locations
for accountability checks and remote check Scales in advance of haul. Such locations shall be established only in
areas where it is safe to stop trucks.
Forest Service shall notify Purchaser of the methods
to be used to alert truck drivers of an impending stop.
B6.842 Product Identification. Before
removal from Sale Area, unless Contracting Officer
determines that circumstances warrant a written waiver or
adjustment, Purchaser shall:

(a) Hammer brand all products that are eight (8) feet
or more in length and one-third (1/3) or more sound, on
each end that is seven (7) inches or more in diameter.
(b) West of the 100th meridian, paint with a spot of
highway-yellow paint all domestic processing products
that are eight (8) feet or more in length and one-third (1/3)
or more sound, on each end that is seven (7) inches or
more in diameter. Each paint spot must be not less than
three (3) square inches in size.
Contracting Officer shall assign brands and, if Sale
Area is within a State that maintains a log brand register,
brands shall be registered with the State. Purchaser shall
use assigned brand exclusively on logs from this sale until Contracting Officer releases brand. Purchaser will furnish and apply highway-yellow paint of a lasting quality
(oil-base or equivalent).
All hammer brands and/or highway-yellow paint must
remain on logs until they are domestically processed.
Purchaser shall replace identifying marks if they are lost,
removed, or become unreadable. Purchaser may remanufacture products into different log lengths. Except for
logs remanufactured as part of the mill in-feed process
immediately before processing, remanufactured products
must be rebranded with the assigned timber sale brand
and repainted with highway-yellow paint, unless otherwise agreed to in writing by Contracting Officer. For such
remanufactured products, Contracting Officer may approve use of a brand to be used exclusively as a catch
brand, in lieu of the assigned timber sale brand.
B6.85 Scaling Lost Products. The volume of
lost products shall be determined by the best methods
currently available, using data from the records for the
period in which the loss occurred or the most applicable
period if loss should occur substantially after cutting. In
the absence of specific information indicating size or
species of lost products, species distribution and volume
for entire truckloads shall be assumed to be the same as
the average volume Scaled per truck during the report
period, and for individual products it shall be assumed
that the volume and species were the average volume of
the highest priced species Scaled during the report
period.
B6.851 Scaling Lost Sample Loads. If Scaling is being done by sampling loads of logs, Purchaser
shall present such sample loads for Scaling by Forest
Service. If loads of logs selected to be sample Scaled are
placed in the decks before they are Scaled, they will be
considered as lost sample loads. It will be difficult, if not
impossible, to determine the volume and species contained in such loads for payment purposes. Therefore,
lost sample loads will be deemed to have a Scale volume
and species composition equal to that of the highest
value load Scaled during the sampling period, as established by Forest Service. If no sample loads were Scaled
during the period, the Scale data for the high valued load
will be taken from the most current preceding sampling
period with Scale. Sample loads lost as a result of Forest
Service actions shall be treated as non-Scaled loads.

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B6.86 Scale Reports. Forest Service shall provide Purchaser a copy of Forest Service scaler’s record, if
requested in writing.
B6.9 Records. Upon request, Purchaser shall provide access to appropriate annual records in Purchaser’s
books and accounts to enable Forest Service to obtain
and analyze accurate operating costs and selling price
data for appropriate use in appraising Federal timber.
Operating cost and selling price data shall include that
applicable for appraising timber obtained from Federal
sources in or processed in the Region. Purchaser shall
provide access to such data on behalf of subsidiary entities owned or controlled by Purchaser to the extent they
participate in harvesting, manufacturing, or marketing
timber into products recognized in National Forest timber
appraisals in the area. To a like extent, Purchaser shall
request in writing Purchaser’s contractors and Subcontractors to make such data available to Forest Service.
Information so obtained shall be treated as confidential, as provided in regulations issued by the Secretary of
Agriculture (7 CFR 1.12), and shall be available for review
by parties from whom such data are obtained.
B7.0—FIRE PRECAUTIONS AND CONTROL
B7.1 Plans. Prior to initiating Purchaser’s Operations
during Fire Precautionary Period, Purchaser shall file with
Forest Service a Fire Prevention and Control Plan providing for the prevention and control of fires on Sale Area
and other areas of Purchaser’s Operations. Such plan
shall include a detailed list of personnel and equipment at
Purchaser’s disposal for implementing the plan. This requirement may be met by preparing a single plan for
more than one timber sale.
B7.2 Fire Precautions. Specific fire precautionary
measures listed in C7.2 shall be applicable during Purchaser’s Operations in “Fire Precautionary Period” described in A12. Contracting Officer may change the dates
of Fire Precautionary Period by advance written notice, if
justified by unusual weather or other conditions. Required
tools and equipment shall be kept in serviceable condition
and immediately available for fire fighting at all times during Purchaser’s Operations in Fire Precautionary Period.
B7.21 Substitute Precautions. Forest Service
may authorize substitute measures or equipment, or
waive specific requirements by written notice, if substitute
measures or equipment will afford equal protection or
some of the required measures and equipment are unnecessary.
B7.22 Emergency Precautions. Forest Service
may require the necessary shutting down of equipment
on portions of Purchaser’s Operations, as specified by the
emergency fire precautions schedule of C7.22. Under
such conditions, after Purchaser ceases active operations, Purchaser shall release for hire by Forest Service, if
needed, Purchaser’s shutdown equipment for fire standby
on Sale Area or other areas of Purchaser’s Operations
and personnel for fire standby or fire patrol, when such
personnel and equipment are not needed by Purchaser
for other fire fighting or protection from fire. Equipment
shall be paid for at fire fighting equipment rates common

in the area or at prior agreed rates and, if Purchaser requests, shall be operated only by personnel approved by
Purchaser. Personnel so hired shall be subject to direction and control by Forest Service and shall be paid by
Forest Service at fire fighting rates common in the area or
at prior agreed rates.
B7.3 Fire Control. Purchaser shall, both independently and in cooperation with Forest Service, take all reasonable and practicable action to prevent and suppress
fires resulting from Purchaser’s Operations and to suppress any forest fire on Sale Area. Purchaser’s independent initial fire suppression action on such fires shall be
immediate and shall include the use of all necessary personnel and equipment at Purchaser’s disposal on Sale
Area or within the distance of Sale Area stated in A13.
B7.31 Purchaser’s Reinforcement Obligations.
Whenever an Operations Fire or Negligent Fire, whether
on or off Sale Area, or any other forest fire on Sale Area,
has not been suppressed by initial action and appreciable
reinforcement strength is required, Forest Service may
require further actions by Purchaser until such fire is controlled and mopped up to a point of safety. Such actions
may include any or all of the following as necessary to
fight such fire:
B7.311 Suspend Operations. To suspend
any or all of Purchaser’s Operations.
B7.312 Personnel. To release for employment by Forest Service any or all of Purchaser’s personnel engaged in Purchaser’s Operations or timber processing within the distance of Sale Area stated in A13. Any
organized crew so hired shall include Purchaser’s supervisor, if any. Personnel so employed shall be paid at Forest Service standard emergency fire fighting rates.
B7.313 Equipment. To make available for
Forest Service rental at fire fighting equipment rates
common in the area or at prior agreed rates any or all of
Purchaser’s equipment suitable for fire fighting and currently engaged in Purchaser’s Operations within the distance of Sale Area stated in A13. Equipment shall be operated only by personnel approved by Purchaser, if so
requested by Purchaser.
B7.4 Fire Suppression Costs. Purchaser’s obligations for cost of fire suppression vary according to three
classifications of fires as follows:
B7.41 Operations Fire. An “Operations Fire” is a
fire caused by Purchaser’s Operations other than a Negligent Fire.
Forest Service, except as provided in B7.3, shall use
cooperative deposits under B4.218 to perform fire suppression activities on Operations Fires. Purchaser agrees
to reimburse Forest Service for such cost for each Operations Fire, subject to a maximum of the dollar amount
stated in A14. The cost of Purchaser’s actions, supplies,
and equipment on any such fire provided pursuant to
B7.3, or otherwise at the request of Forest Service, shall
be credited toward such maximum. If Purchaser’s actual
cost exceeds Purchaser’s obligation stated in A14, Forest
Service shall reimburse Purchaser for the excess.
B7.42 Negligent Fire. A “Negligent Fire” is a fire
caused by negligence or fault of Purchaser’s Operations,

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including, but not limited to, one caused by smoking by
persons engaged in Purchaser’s Operations during the
course of their employment, or during rest or lunch periods; or if Purchaser’s failure to comply with the requirements of B7.2 and B7.3 results in a fire starting or permits
a fire to spread. Damages and the cost of suppressing
Negligent Fires shall be borne by Purchaser.
B7.43 Other Fires on Sale Area. Forest Service
shall pay Purchaser, at fire fighting rates common in the
area or at prior agreed rates, for equipment or personnel
furnished by Purchaser pursuant to B7.3, or otherwise at
the request of Forest Service, on any fire on Sale Area
other than an Operations Fire or a Negligent Fire.
B7.5 State Law. Purchaser shall not be relieved by
the terms of this contract of any liability to the United
States for fire suppression costs recoverable in an action
based on State law, except for such costs resulting from
Operations Fires. Amounts due Purchaser for fire fighting
expenditures in accordance with B7.41 shall not be withheld pending settlement of any such claim or action
based on State law.
B7.6 Performance by Contractor. Where Purchaser’s employees, agents, contractors, Subcontractors,
or their employees or agents perform Purchaser’s Operations in connection with fire responsibilities, Purchaser’s
obligations shall be the same as if performance was by
Purchaser.
B8.0—OTHER CONDITIONS
B8.1 Title and Liability.
B8.11 Title Passage. All right, title, and interest
in and to any Included Timber shall remain in Forest Service until it has been cut, Scaled, removed from Sale
Area or other authorized cutting area, and paid for, at
which time title shall vest in Purchaser. For purposes of
this Subsection, timber cut under cash deposit or payment guarantee under B4.3 shall be considered to have
been paid for. Title to any Included Timber that has been
cut, Scaled, and paid for, but not removed from Sale Area
or other authorized cutting area by Purchaser on or prior
to Termination Date, shall remain in Forest Service.
B8.12 Liability for Loss. If Included Timber is
destroyed or damaged by an unexpected event that
significantly changes the nature of Included Timber, such
as fire, wind, flood, insects, disease, or similar cause, the
party holding title shall bear the timber value loss
resulting from such destruction or damage; except that
such losses after removal of timber from Sale Area, but
before Scaling, shall be borne by Purchaser at Current
Contract Rates and Required Deposits. Deterioration or
loss of value of salvage timber is not an unexpected
event, except for deterioration due to delay or interruption
that qualifies for Contract Term Adjustment or under
B8.33.
In the event Included Timber to which Forest Service
holds title is destroyed, Purchaser will not be obligated to
remove and pay for such timber. In the event Included
Timber to which Forest Service holds title is damaged,
Contracting Officer shall make an appraisal to determine
for each species the difference between the appraised

unit value of Included Timber immediately prior to the
value loss and the appraised unit value of timber after the
loss. Current Contract Rates in effect at the time of the
value loss shall be adjusted by differences to become the
redetermined rates.
There shall be no obligation for Forest Service to
supply, or for Purchaser to accept and pay for, other
timber in lieu of that destroyed or damaged. This
Subsection shall not be construed to relieve either party
of liability for negligence.
B8.2 Period of Contract. All obligations of Purchaser
shall be discharged not later than “Termination Date”
stated in A15, unless it is adjusted pursuant to B8.21 or
B8.212 or extended pursuant to B8.23 or B8.32, excepting only those obligations for which Forest Service has
given written permission to delay performance. Such written permission shall be considered a Contract Term Adjustment for the purpose of Purchaser completing performance of obligations covered by such permission.
B8.21 Contract Term Adjustment. “Contract
Term Adjustment” means adjustment only as provided for
in the three circumstances described in this Subsection.
Under these circumstances, the contract term shall be
adjusted in writing to include additional calendar days in
one or more Normal Operating Seasons equal to the
actual time lost, except as limited by paragraph (b) in this
Subsection.
To qualify for such adjustment, Purchaser shall give
written notice of the lost time not later than 30 days after
end of Normal Operating Season in which time was lost
and at least 10 days before Termination Date.
Contracting Officer shall make prompt written
acknowledgment of such notice, indicating concurrence
with the number of days in the notice or the number of
days Forest Service considers as qualifying for the
adjustment. Lost portions of days shall be disregarded in
computing time lost. The three circumstances qualifying
for a Contract Term Adjustment are:
(a) Purchaser experiences delay in starting
scheduled operations or interruptions in active operations,
either of which stops removal of Included Timber from
Sale Area through curtailment in felling and bucking,
yarding, skidding and loading, hauling, or road
construction, as scheduled under B6.31, for 10 or more
consecutive days during a Normal Operating Season due
to causes beyond Purchaser’s control, including, but not
limited to, acts of God, acts of the public enemy, acts of
the Government, labor disputes, fires, insurrections, or
floods.
(b) Causes described in paragraph (a) substantially
affect the disposition or processing of Included Timber
during Normal Operating Season through their effects on
primary timber processing facilities, with a resulting delay
of 60 days or more in use of such facilities. In such event,
Contract Term Adjustment shall not extend for more than
12 consecutive months.
(c) (i) Contracting Officer requests Purchaser, in
writing, to delay or interrupt operations during the Normal
Operating Season for any purpose other than suspension
under B4.4 or B9.3 or

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(ii) Purchaser suffers a delay or interruption of
Purchaser’s Operations affecting skidding, yarding, and
loading because of fire emergency closure ordered by
Forest Service (or another agency in its behalf), and the
total of such lost time is 10 or more days during any
Normal Operating Season.
If Termination Date is adjusted, as described in this
Subsection, and later extended under B8.23, the
appraisal for the extension shall be made as of the
unadjusted Termination Date, but the date on which the
new rates become effective, if higher than Current
Contract Rates immediately prior to Termination Date,
shall be the adjusted Termination Date.
B8.211 Delay in Reconstruction of Processing Facilities. Notwithstanding the 12-month limitation in B8.21, if Purchaser demonstrates a diligent effort
has been made to replace primary timber processing facilities and that delays in doing so have been beyond
Purchaser’s control, Contracting Officer may authorize
Contract Term Adjustment up to a total of 24 months.
B8.212 Market-Related Contract Term Addition. The term of this contract may be adjusted when a
drastic reduction in wood product prices has occurred in
accordance with 36 CFR 223.52. The Producer Price Index used to determine when a drastic reduction in price
has occurred is stated in A20. Purchaser will be notified
whenever the Chief determines that a drastic reduction in
wood product prices has occurred. If the drastic reduction
criteria specified in 36 CFR 223.52 are met for 2 consecutive calendar quarters, after contract award date, Contracting Officer will add 1 year to the contract term, upon
Purchaser’s written request. For each additional consecutive quarter such a drastic reduction occurs, Contracting
Officer will, upon written request, add an additional 3
months to the term during Normal Operating Season.
Contracting Officer must receive Purchaser’s written request for a market-related contract term addition before
the expiration of this contract.
The total amount of contract term addition is limited to
the lesser of twice the length of the original contract or 3
years. The revised contract term may not exceed 10
years as a result of market-related contract term addition.
Additional contract time may not be granted for those portions of the contract that have a required completion date
or for those portions of the contract where Contracting Officer determines that the timber is in need of urgent removal or that timber deterioration or resource damage will
result from delay.
B8.22 Termination for Catastrophe. In event of
Catastrophic Damage, this contract may be modified under B8.32, following rate redetermination under B3.32, or
terminated under this Subsection. Such termination shall
not be considered a termination under B8.34.
B8.221 Termination by Purchaser. This
contract shall be terminated, upon election and written
notice by Purchaser, if Catastrophic Damage rate redetermination under B3.32 shows that the appraised
weighted average Indicated Advertised Rate of all Included Timber remaining immediately prior to the catastrophe has been reduced through Catastrophic Damage

by an amount equal to or more than the weighted average Current Contract Rate.
“Indicated Advertised Rates” are Forest Service estimates of fair market value of the timber.
B8.222 Termination by Forest Service.
This contract may be terminated by written notice from
Contracting Officer, if there is Catastrophic Damage and
Purchaser does not agree, under B8.32, within 30 days of
receipt from Contracting Officer of contract modifications
proposed to permit the harvest of the catastropheaffected timber.
B8.23 Contract Term Extension. “Contract
Term Extension” means an extension of the term of this
contract, at the request of Purchaser, under this
Subsection. This Subsection does not obligate
Contracting Officer to grant Contract Term Extension.
When such extension is made, Forest Service shall
make an appraisal using standard Forest Service
methods and appraisal data in effect 45 days prior to the
original Termination Date. Bid Premium Rates shall be
added to such appraised rates to establish Flat Rates or
Tentative Rates for the extension period. In event rates
so established would develop Current Contract Value
immediately prior to such an extension that is less than
Current Contract Value at that time, Flat Rates and
Tentative Rates in effect immediately prior to extension
shall be retained for the extension period.
In consideration for granting an extension, Purchaser
shall pay the Government for Purchaser’s failure to cut
and remove timber meeting Utilization Standards prior to
Contract Term Extension, an amount that shall be the
total of the costs to the Government resulting from the
delay in harvest of Included Timber. Such costs will be
determined by Forest Service and shall include, but not
be limited to, the following:
(a) Interest at the Current Value of Funds Rate
established by the Secretary of the Treasury, on Current
Contract Value of timber remaining on Sale Area, less the
credit balance of any deposit made pursuant to B4.213,
as of the original Termination Date, or as adjusted
pursuant to B8.21 or B8.212, until the midpoint of the
extension period;
(b) Increased costs of regeneration, including
nursery stock loss, carryover, or replacement costs; and
(c) Costs of remarking timber on Sale Area,
reestablishing cutting unit boundaries, and/or remarking
areas requiring protection on Sale Area.
B8.231 Conditions for Contract Term Extension. Contracting Officer may grant Purchaser’s written request for Contract Term Extension, if Purchaser has
met all of the following conditions at time of Purchaser’s
request:
(a) At least 75 percent of estimated volume in A2 has
been cut and removed from Sale Area.
(b) Specified Roads needed by Purchaser for removal of all Included Timber, in accordance with the approved Plan of Operations submitted pursuant to B6.311,
were constructed and accepted by Forest Service prior to
the applicable road completion date shown in C5.13.

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(c) Purchaser’s Operations to date have been in reasonable compliance with contract terms and the approved
Plan of Operations under B6.311.
(d) All contractual requirements have been met by
Purchaser and accepted by Forest Service on area cut
over at time of Purchaser’s request, except for areas
where logging is in progress at time of Purchaser’s request. Purchaser’s burning of current slash or seeding or
planting for erosion control may be temporarily waived, if
weather or other considerations make such work impractical.
(e) Any payment required under B4.213 has been
made.
Contract Term Extension shall not become effective,
unless payments required by B8.23 have been paid and
the initial Extension Deposit required by B4.217 has been
made by the effective date of any extension.
B8.3 Contract Modification. The conditions of this
timber sale are completely set forth in this contract.
Except as provided in B8.32 and B8.33, this contract can
be modified only by written agreement between the
parties. Only Contracting Officer may make contract
modifications, with compensating adjustments to Current
Contract Rates where appropriate, on behalf of Forest
Service.
B8.31 Changed Conditions. When it is agreed
that the completion of certain work or other requirements
hereunder would no longer serve the purpose intended
because of substantial change in the physical conditions
of Sale Area or Included Timber since the date of this
contract, the requirements shall be waived in writing. The
estimated cost of such waived work or other requirement
shall be charged to Timber Sale Account.
B8.32 Modification for Catastrophe. In event of
Catastrophic Damage, Forest Service, in consultation
with Purchaser, shall outline on Sale Area Map:
(a) Any areas of catastrophe-affected live and dead
timber meeting Utilization Standards and having
undesignated timber so situated that it should be logged
with the designated timber;
(b) If needed, any such areas where the damaged
undesignated timber can reasonably be logged
separately; and
(c) Areas of affected or unaffected timber that are to
be eliminated from Sale Area.
Forest Service shall locate and post the boundaries of
all such areas, as needed.
After Sale Area Map has been outlined under this
Subsection, Forest Service may propose contract
modification to permit the harvest of catastrophe-affected
timber. If Purchaser accepts Forest Service proposed
modifications, this contract shall be modified to include
rates redetermined under B3.32 and other related
revisions as necessary, such as revision of Operating
Schedule to ensure prompt removal of affected timber
when necessary to avoid further loss and provision for
additional contract time, if needed.
B8.33 Contract Suspension and Modification.
(a) Contracting Officer may, by written order, delay or
interrupt authorized operations under this contract or,

notwithstanding B8.3, modify this contract, in whole or in
part:
(i) To prevent environmental degradation or
resource damage, including, but not limited to, harm to
habitat, plants, animals, cultural resources, or cave
resources;
(ii) To ensure consistency with land and resource
management plans or other documents prepared
pursuant to the National Environmental Policy Act of
1969, 42 USC 4321-4347;
(iii) To conduct environmental analysis, including,
but not limited to, engaging in consultation pursuant to the
Endangered Species Act of 1973, 16 USC 1531, et seq.;
or
(iv) Upon agreement of the Regional Forester,
due to administrative appeal or litigation, regardless of
whether Contracting Officer’s order is required by a court
order or this contract is named in such a proceeding.
(b) In the event of an order delaying or interrupting
Purchaser’s
Operations
under
this
Subsection,
Purchaser’s remedy shall be:
(i) Contract Term Adjustment,
(ii) reimbursement for Out-of-Pocket Expenses,
(iii) rate redetermination to measure any decline
in the market,
(iv) temporary reduction of downpayment,
(v) temporary credit for unamortized Specified
Road construction cost, and
(vi) temporary bond reduction.
However, the foregoing remedies shall be available only
to the extent that the Contracting Officer’s order was the
sole and exclusive cause of the delay or interruption of
Purchaser’s operations.
(c) In cases of modification under this Subsection,
Purchaser shall only receive a rate redetermination
pursuant to B3.31. However, if there is an order delaying
or suspending operations in addition to a modification,
then Purchaser shall also be entitled to the remedies provided under B8.33(b) for such delay or suspension.
(d) Remedies awarded to the Purchaser shall not be
duplicative, and Contracting Officer shall have the right to
structure remedies provided herein to avoid duplicative
compensation.
(e) Purchaser agrees that this Subsection, and the
remedies provided herein shall apply regardless of any
finding by any court or administrative body that the Forest
Service failed to comply with any statute, regulation
and/or policy in connection with awarding, advertising, or
authorizing this sale, or a similar sale. However, nothing
in this Subsection precludes Purchaser from exercising
rights under the Contract Disputes Act.
B8.34 Contract Termination This contract may be
terminated, in whole or in part, by Forest Service or
Purchaser, as provided in Items B8.341 and B8.342,
respectively. In the event of any such termination,
Purchaser shall be entitled to the applicable remedies,
subject to the limitation upon duplicative compensation
set forth in B8.33(d). Purchaser agrees that this
Subsection, and the remedies contained in the following
Items shall apply regardless of any finding by any court or

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administrative body that the Forest Service failed to
comply with any statute, regulation and/or policy in
connection with awarding, advertising, or authorizing this
sale, or a similar sale. However, nothing in this
Subsection precludes Purchaser from exercising rights
under the Contract Disputes Act.
B8.341 Termination by Forest Service.
(a) The Chief or the Chief’s designee may unilaterally
terminate this contract, in whole or in part, for any of the
reasons set forth in paragraph (a) of B8.33.
(b) Purchaser’s compensation for termination of this
contract under this Item shall be:
(i) refund or release of advanced deposits for
timber cut but not removed,
(ii) reimbursement for Out-of-Pocket Expenses,
and
(iii) replacement timber under subparagraph (c),
and/or liquidated damages under subparagraph (d);
provided that liquidated damages shall be available if,
and only if, after good faith efforts, the Parties (1) cannot
locate replacement timber or agree upon the applicable
stumpage price, or (2) the volume of deleted timber
exceeds the volume of any replacement timber.
(c) Subject to applicable laws, regulations and
policies, Forest Service and Purchaser shall make good
faith efforts to identify replacement timber of similar
volume, quality, access, and topography within Sale Area.
If suitable replacement timber cannot be located within
Sale Area, the parties shall expand the search to the
National Forest in which the Sale Area is located.
Stumpage price shall be adjusted under B3.31 to account
for differences between replacement timber and deleted
timber. If Forest Service and Purchaser agree upon
suitable replacement timber and the applicable stumpage
price, then this contract shall not terminate and instead
shall be modified pursuant to 36 CFR 223.85(c) and shall
remain in force with respect to such replacement timber
and, in the case of partial termination, any remaining
Included Timber. If the parties cannot agree on suitable
replacement timber or the applicable stumpage price of
such timber, either party may end the search and
Purchaser shall be compensated under subparagraph (d).
(d) Forest Service shall pay as fixed, agreed, and
liquidated damages an amount equivalent to 15 percent
of the estimated delivered log value of the volume of
timber not harvested due to the termination or partial
termination. Estimated delivered log value and volume of
timber not harvested shall be determined by the
Contracting Officer as of Termination Date, using Forest
Service methods in use as of the Termination Date.
(e) In any instance of partial termination, in which the
Forest Service deletes one or more cutting units from the
Sale Area, Purchaser’s sole and exclusive remedy with
regard to remaining units shall be a rate redetermination
pursuant to B3.31. Purchaser shall be required to
complete Contract Operations with regard to remaining
units and any obligations pertaining to cessation of
operations on deleted units, including without limit erosion
control, brush disposal, and road maintenance. If
Purchaser fails to fulfill any such duty or obligation, then

Contracting Officer may make deductions from
compensation due Purchaser, including without limit costs
and expenses of completing such work.
B8.342 Termination by Purchaser. (a)
Purchaser may, by written notice, terminate this Contract,
in whole or in part, as described herein,
(i) in the event of an order delaying or
interrupting its operations pursuant to B8.33, or
(ii) in the event of an order modifying this
Contract pursuant to B8.33, if Purchaser decides to reject
the terms of the modification prior to its acceptance.
Purchaser shall have the right to terminate this Contract
in whole only when the Contracting Officer’s order under
B8.33 applies to all cutting units within the Sale Area.
When the order affects only a portion of the cutting units,
Purchaser shall have the right to terminate this Contract
in part, by deleting one or more of the units covered by
the Contracting Officer’s order. The foregoing right of
termination, in whole or in part, shall not exist when the
delay, interruption, or modification arises from wind, flood,
landslide, fire, forest pest epidemic, or other major natural
phenomenon.
(b) Purchaser’s compensation for termination of this
Contract, in whole or in part, under this Item shall be:
(i) refund or release of advanced deposits for
timber cut but not removed,
(ii) reimbursement for Out-of-Pocket Expenses,
and
(iii) if the duration of the delay or interruption
exceeds either six months of Normal Operating Season
time, or one calendar year from the date of the order,
then: replacement timber as provided under (c) and/or
liquidated damages under (d); provided that liquidated
damages shall be available if, and only if, after good faith
efforts, the Parties (1) cannot locate replacement timber
or agree upon the applicable stumpage price, or (2) the
volume of deleted timber exceeds the volume of any
replacement timber.
(c) Subject to applicable laws, regulations and
policies, Forest Service and Purchaser shall make good
faith efforts to identify replacement timber of similar
volume, quality, access, and topography within Sale Area.
If suitable replacement timber cannot be located within
Sale Area, the parties shall expand the search to the
National Forest in which the Sale Area is located.
Stumpage price shall be adjusted under B3.31 to account
for differences between replacement timber and deleted
timber. If Forest Service and Purchaser agree upon
suitable replacement timber and the applicable stumpage
price, then this contract shall not terminate and instead
shall be modified pursuant to 36 CFR 223.85(c) and shall
remain in force with respect to such replacement timber
and, in the case of partial termination, any remaining
Included Timber. If the parties cannot agree on suitable
replacement timber or the applicable stumpage price of
such timber, either party may end the search and
Purchaser shall be compensated under subparagraph (d).
(d) Forest Service shall pay as fixed, agreed, and
liquidated damages an amount equivalent to 15 percent
of the estimated delivered log value of the volume of

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timber not harvested due to the termination or partial
termination. Estimated delivered log value and volume of
timber not harvested shall be determined by the
Contracting Officer as of Termination Date, using Forest
Service methods in use as of the Termination Date.
(e) In any instance of partial termination, in which
Purchaser deletes one or more cutting units from Sale
Area, Purchaser’s sole and exclusive remedy with regard
to remaining units shall be a rate redetermination
pursuant to B3.31. Purchaser shall be required to
complete Contract Operations with regard to remaining
units and any obligations pertaining to cessation of
operations on deleted units, including without limit,
erosion control, brush disposal, and road maintenance. If
Purchaser fails to fulfill any such duty or obligation, then
Contracting Officer may make deductions from
compensation due Purchaser, including without limit costs
and expenses of completing such work.
B8.35 Out-of-Pocket Expenses. "Out-of-Pocket
Expenses" are Unrecovered expenditures arising directly
from performing the contract that were rendered
unrecovered due to delay, interruption, or termination
pursuant to B8.33 or B8.34. An expenditure is
"Unrecovered" within the meaning of this Subsection
when Purchaser did not gain the benefit of its expenditure
because Contract operations were not permitted. In
determining whether an expenditure is "Unrecovered,"
Contracting Officer shall not conclude that an award of
liquidated damages constitutes the benefit of that
expenditure.
(a) Out-of-Pocket Expenses shall not include, in
particular and without limitation, any of the following:
(i) attorneys fees;
(ii) costs and expenses of operating a saw mill or
other processing facility;
(iii) expectancy damages; and,
(iv) anticipatory profits.
(b) Forest Service shall reimburse Purchaser for only
the following Out-of-Pocket Expenses:
(i) Out-of-Pocket Expenses for maintenance of
the timber sale performance and payment bonds during
the period when operations were delayed or interrupted
or, if terminated, from the date operations were halted
until the expiration of the bonds;
(ii) Out-of-Pocket Expenses for maintenance of
the downpayment or other cash deposits during the
period when operations were delayed or interrupted or, if
terminated, from the date operations were halted until the
cash is returned to Purchaser;
(iii) Out-of-Pocket Expenses for the lesser of
move-out and move-in or leaving equipment and/or
logging camps on site, if the Purchaser and Contracting
Officer have agreed to leave equipment and/or logging
camps on site in lieu of move-out and move-in;
(iv) Out-of-Pocket Expenses for felling, bucking,
lopping, skidding, yarding, and decking any products so
processed, but not removed from Sale Area because: (1)
the sale was terminated, or (2) the products no longer
meet Utilization Standards because of delay or
interruption;

(v) If terminated, in whole or in part,
Out-of-Pocket Expenses for unamortized Temporary
Roads, road maintenance, dust abatement and
improvements authorized under B6.2;
(vi) Out-of-Pocket Expenses for the investment in
Specified Roads during the period when operations were
delayed or interrupted or, if terminated in whole or in part,
Out-of-Pocket Expenses for unamortized Specified Road
construction and reconstruction; and
(vii) If terminated, in whole or in part,
Out-of-Pocket Expenses for bid preparation, including
review of sale offering.
(c) Purchaser shall submit documentation of claimed
expenditures, including those actually paid and those for
which the Purchaser has a legal obligation to pay but has
not yet paid, and supporting analysis to Contracting
Officer to assist in Contracting Officer's calculation of
reimbursement. Contracting Officer shall determine the
amount of reimbursement under this Subsection using
information from Purchaser and/or Forest Service
methods in use on the date that operations were delayed,
interrupted, or terminated. Purchaser's failure to
substantiate any claimed Out-of-Pocket Expense may
constitute grounds for Contracting Officer's denial of
reimbursement.
(d) Purchaser shall make reasonable efforts to
minimize its Out-of-Pocket Expenses.
B8.36 Termination for Market Change. (a) In
the event of delay or interruption under B8.33, exceeding
90 days, and Contract has not been modified to include
replacement timber, this contract may be terminated upon
election and written notice by Purchaser, if (i) a rate
redetermination for market change under B3.33 shows
that the appraised weighted average Indicated Advertised
Rate of all Included Timber remaining immediately prior to
the delay or interruption has been reduced through a
market change by an amount equal to or more than the
the weighted average Current Contract Rate, or (ii) the
appraised value of the remaining timber is insufficient to
cover the adjusted base rates as determined under
B3.33.
(b) Prior to termination under this Subsection,
Purchaser shall complete all obligations on areas not
affected by the delay or interruption.
(c) Damages caused by termination of contract under
this Subsection will be limited to Out-of-Pocket Expenses.
B8.4 Performance by Other than Purchaser. The
acquisition or assumption by another party, under an
agreement with Purchaser, of any right or obligation of
Purchaser under this contract shall be ineffective as to
Forest Service, until Forest Service has been notified of
such agreement and Contracting Officer has given written
approval. In no case shall such recognition or approval:
(a) Operate to relieve Purchaser of the responsibilities or liabilities Purchaser has assumed hereunder or
(b) Be given unless such other party:
(i) Is acceptable to Forest Service as a Purchaser of timber and assumes in writing all of the obligations to Forest Service under the terms of this contract as
to the uncompleted portion thereof, or

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(ii) Acquires the rights in trust as security and
subject to such conditions as may be necessary for the
protection of the public interests.
B8.5 Sale of Other Materials. Forest Service reserves the right to sell from Sale Area during the period of
this contract any materials or products not subject to its
terms, but shall not permit removal, possession, or use
thereof that will materially interfere with Purchaser’s Operations. Purchaser shall not be obligated to do any work
made necessary by the action of others.
B8.6 Provisions Required by Statute.
B8.61 Covenant against Contingent Fees. Purchaser warrants that no person or agency has been employed or retained to solicit or secure this contract upon
an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona
fide employees or bona fide established commercial
agencies maintained by Purchaser for the purpose of securing business. For breach or violation of this warranty,
Forest Service shall have the right to annul this contract
without liability or to require Purchaser to pay, in addition
to the contract price or consideration, the full amount of
such commission, percentage, brokerage, or contingent
fee.
B8.62 Officials Not to Benefit. No member of
Congress or Resident Commissioner shall be admitted to
any share or part of this contract or to any benefit that
may arise therefrom, unless it is made with a corporation
for its general benefit (18 USC 431, 433).
B8.63 Nondiscrimination in Employment. If the
total value of this contract is in excess of $10,000, Purchaser agrees during its performance as follows:
(a) Purchaser will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. Purchaser will take
affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Purchaser
agrees to post in conspicuous places, available to employees and applicants for employment, notices to be
provided by Forest Service setting forth the provisions of
this Subsection.
(b) Purchaser will, in all solicitations or advertisements for employees placed by or on behalf of Purchaser,
state that all qualified applicants will receive consideration
for employment without regard to race, color, religion,
sex, or national origin.
(c) Purchaser will send to each labor union or representative of workers with which Purchaser has a collective bargaining agreement or other contract or understanding, a notice to be provided by Forest Service, advising the labor union or worker’s representative of Purchaser’s commitments under this Subsection, and shall

post copies of the notice in conspicuous places available
to employees and applicants for employment.
(d) Purchaser shall comply with all provisions of Executive Order No. 11246, as amended by Executive Order No. 11375 and Executive Order No. 12086, and the
rules, regulations, and relevant orders of the Secretary of
Labor.
(e) Purchaser will furnish all information and reports
required by Executive Order No. 11246, as amended, and
by the rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to
books, records, and accounts by Forest Service and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(f) In event of Purchaser’s noncompliance with this
Subsection or with any of such rules, regulations, or orders, this contract may be terminated or suspended, in
whole or in part, and Purchaser may be declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order No. 11246, as
amended, and such other sanctions may be imposed and
remedies invoked, as provided in Executive Order or by
rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
(g) Purchaser will include the provisions of paragraphs (a) through (f) in every subcontract or purchase
order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to Section 204 of
Executive Order No. 11246, as amended, so that such
provisions will be binding upon each Subcontractor or
vendor. Purchaser will take such action with respect to
any subcontract or purchase order as Forest Service may
direct as a means of enforcing such provisions, including
sanctions for noncompliance. Provided, however, that in
the event Purchaser becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a
result of such direction by Forest Service, Purchaser may
request the United States to enter into such litigation to
protect the interests of the United States.
B8.64 Debarment and Suspension Certification. Pursuant to 7 CFR Part 3017, Purchaser shall
obtain certifications from its Subcontractors regarding
debarment, suspension, ineligibility, and voluntary
exclusion, including additional Subcontractors obtained
after award of this contract. “Subcontractors” are
participants in lower tier covered transactions.
Purchaser may rely upon a certification of a
prospective Subcontractor that it is not proposed for
debarment under 48 CFR 9.4, debarred, suspended,
ineligible, or voluntarily excluded from participating in
covered transactions or timber sales, unless Purchaser
knows that the certification is erroneous.
Purchaser shall keep the certifications of its
Subcontractors on file until timber sale Termination Date
and any extensions thereof, and will provide a copy at the
written request of Contracting Officer. Nothing contained
in the foregoing shall be construed to require
establishment of a system of records in order to render in
good faith the certification required by this Subsection.
The knowledge and information of Purchaser is not

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required to exceed that which is normally possessed by a
prudent person in the ordinary course of business
dealings.
If Purchaser knowingly enters into a timber sale
transaction with a person who is proposed for debarment
under 48 CFR 9.4, suspended, debarred, ineligible, or
voluntarily excluded from participation in covered
transactions or timber sales, in addition to other remedies
available to the Government, Forest Service may pursue
available remedies, including suspension and/or
debarment.
The Subcontractor for a timber sale shall complete a
“Subcontractor Certification Regarding Debarment,
Suspension, Ineligibility, and Voluntary Exclusion.” An
example of this certification is shown following the
instructions for page 101 of this contract.
B8.65 Contract Consistency With Other Laws.
The contract shall govern if State and local environmental
quality laws conflict with or preclude performance of
contractual requirements.
B9.0—PERFORMANCE AND SETTLEMENT
B9.1 Performance Bond. As a further guarantee of
the faithful performance of the provisions of this contract,
Purchaser delivers herewith and agrees to maintain a
surety bond in the dollar amount stated in A17, unless the
amount is adjusted as provided in B9.11 or B9.13. In lieu
of surety bond, Purchaser may deposit into a Federal Depository, as directed by Forest Service under B4.21, and
maintain therein, cash in the dollar amount stated in A17
or negotiable securities of the United States having market value at time of deposit of not less than the dollar
amount stated in A17.
Any adjustment or extension of time for completion of
this contract beyond 1 year may be granted only with the
consent of surety on bond or delivery of a new bond.
Should the sureties on the bond delivered herewith, or
any bond delivered hereafter in connection with this contract, become unsatisfactory to Forest Service, Purchaser
shall, within 30 days of receipt of demand, furnish a new
bond with surety satisfactory to Forest Service.
B9.11 Bond Reduction. Upon Purchaser’s written request, Contracting Officer shall redetermine the
amount of Purchaser’s performance bond to an amount
not less than Purchaser’s remaining obligations, including
the value of Included Timber remaining on Sale Area,
plus the estimated cost of uncompleted work required of
Purchaser and any unpaid billings due on the timber sale.
Contracting Officer shall provide written notice of the redetermined amount to Purchaser and to Purchaser’s
surety. Similarly, Contracting Officer shall report to Purchaser in writing the amount of deposited cash or deposited securities required thereafter, if such deposits exist in
lieu of a surety bond.
As soon as security for the performance of this contract or the settlement of Claims incident thereto is no
longer necessary, appropriate notice shall be given to
surety or deposits that may have been made in lieu of
surety bond shall be returned to Purchaser, subject to the
conditions in B9.5.

B9.12 Letters of Credit. Notwithstanding the
provisions of B9.1, approved letters of credit may be used
in lieu of a surety bond for performance bond purposes.
Such letters of credit shall be subject to approval by Contracting Officer.
B9.13 Temporary Bond Reduction. When,
under B8.33, Contracting Officer orders a delay or
interruption of Purchaser’s Operations for more than 30
days when scheduled operations would be occurring but
for the order, the performance bond amount required
shall be temporarily reduced upon the written request of
Purchaser or at the discretion of Contracting Officer. For
the period of the delay or interruption, the performance
bond may be reduced to an amount not less than the estimated cost of uncompleted work required of Purchaser
and any unpaid billings due on the timber sale.
Upon Purchaser’s receipt of written notice from
Contracting Officer that the basis for the delay or
interruption no longer exists, Purchaser shall restore the
performance bond to the full amount shown in A17 within
15 days. Purchaser shall not resume contract operations
until the performance bond amount is fully restored.
B9.2 Disputes. This contract is subject to the Contract Disputes Act of 1978 (41 USC 601, et seq.). Except
as provided in the Contract Disputes Act of 1978, all disputes arising under or relating to this contract shall be resolved in accordance with this Section.
As used herein, “Claim” means a written demand or
assertion by one of the parties seeking, as a legal right,
the payment of money, adjustment or interpretation of
contract terms, or other relief, arising under or relating to
this contract. A voucher, invoice, or request for payment
that is not in dispute when submitted is not a Claim. However, where such submission is subsequently not acted
upon in a reasonable time, or disputed either as to liability
or amount, it may be converted to a Claim. A Claim by
Purchaser shall be made in writing and submitted to Contracting Officer for decision. A Claim by the Government
against Purchaser shall be subject to a decision by Contracting Officer.
For Purchaser Claims of more than $100,000, Purchaser shall submit with the Claim a certification that the
Claim is made in good faith; the supporting data are accurate and complete to the best of Purchaser’s knowledge
and belief; and the amount requested accurately reflects
the contract adjustment for which Purchaser believes the
Government is liable. Purchaser, if an individual, shall
execute the certification. When Purchaser is not an individual, the certification shall be executed by a senior
company official in charge at Purchaser’s plant or location
involved or by an officer or general partner of Purchaser
having overall responsibility for the conduct of Purchaser’s affairs.
For Purchaser Claims of $100,000 or less, Contracting Officer must render a decision within 60 days. For
Purchaser Claims in excess of $100,000, Contracting Officer must decide the Claim within 60 days or notify Purchaser of the date when the decision will be made.
Contracting Officer’s decision shall be final unless
Purchaser appeals or files a suit.

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The authority of Contracting Officer does not extend
to Claims or disputes that by statute or regulation other
agencies are expressly authorized to decide.
Interest, at the Prompt Payment Rate established by
the Secretary of the Treasury, on the amount found due
on Purchaser’s Claim shall be paid from the date the
Claim is received by Contracting Officer until the date of
the payment.
Except as the parties may otherwise agree, pending
final resolution of a Claim of Purchaser arising under the
contract, Purchaser shall proceed diligently with the performance of the contract in accordance with Contracting
Officer’s decision.
B9.21 Time Limits for Submission of Claim.
Failure by Purchaser to submit a Claim within established
time limits shall relinquish the United States from any and
all obligations whatsoever arising under the contract or
portions thereof. Purchaser shall file such Claim within
the following time limits:
(a) When Purchaser constructs Specified Road, Purchaser must file any Claim not later than 60 days after receipt of Forest Service written notification of acceptance;
(b) When Forest Service constructs Specified Road,
Purchaser must file any Claim not later than 60 days after
receipt of Forest Service written notification authorizing
use of road;
(c) For subdivisions or cutting units, Purchaser must
file any Claim not later than 60 days after receipt of
Forest Service written notification that subdivision or
cutting unit has been accepted; and
(d) In all other cases, Purchaser must file any Claim
not later than 60 days after receipt of Contracting Officer
written notification that timber sale is closed.
B9.22 Contract Documents. All contract
documents are intended to be consistent with each other.
In case of discrepancy, the following is the order of
precedence:
(a) Special Provisions (C)
(b) Sale Area Map
(c) Specific Conditions (A) and Schedule of Items
(d) Standard Provisions (B)
(e) Special project specifications
(f) Plans, such as slash, erosion control, and dust
abatement
(g) Agreements between Purchaser and Forest Service, as authorized under the contract
(h) Plans:
(i) Figured dimensions over scaled dimensions
(ii) Large scale Plans over small scale Plans
(i) Standard specifications
(j) Lists and/or tables in Plans over any conflicting
notations on Plans
(k) Shop Drawings
B9.3 Breach. In event Purchaser breaches any of the
material provisions of this contract, Forest Service shall
give Purchaser notice of such breach and, allowing reasonable time for remedy of such breach and of Forest
Service’s election to suspend, may give notice to suspend
all or any part of Purchaser’s Operations. Such notice of
breach and notice to suspend Purchaser’s Operations

shall be written, except oral notices may be given if such
breach constitutes an immediate threat to human life or a
threat of immediate and irreparable damage to National
Forest resources. Notwithstanding Section B6.1, such
oral suspension notice may be given to Purchaser’s work
supervisor or, in work supervisor’s absence, to those performing the operation. An oral suspension notice shall be
promptly followed by telephone notice and a written explanation from Forest Service to Purchaser.
Suspension under this Section shall not entitle Purchaser to any remedies arising under B8.33.
Immediately upon oral or written suspension, Forest
Service representative shall notify Contracting Officer of
the suspension and related circumstances. Contracting
Officer shall promptly review the suspension to determine
if the suspension should be continued or lifted. Such suspension shall be lifted as early as conditions permit.
Upon receipt of oral or written notice of such breach,
Purchaser shall remedy the breach as follows:
(a) If remedying such breach requires on-the-ground
action by Purchaser, Purchaser shall have 30 practicable
operating days during Normal Operating Season to remedy the breach, except under emergency conditions when
action should not be delayed to prevent major damage or
(b) If such breach does not require on-the-ground action by Purchaser, such breach shall be remedied within
30 days.
B9.31 Termination for Breach. Contracting Officer, with the concurrence of the Regional Forester, may
terminate this contract for breach in the event Purchaser:
(a) Is convicted for violation of criminal statutes, civil
standards, or any other offense indicating a lack of business integrity or honesty that seriously and directly affects
the responsibility of Purchaser; including, but not limited
to:
(i) Theft, forgery, bribery, embezzlement,
falsification or destruction of records, making false
statements, or receiving stolen property, any of which
occurred in connection with obtaining, attempting to
obtain, selling, trading, or processing public timber;
(ii) Fraud, criminal offenses, or violation of Federal or State antitrust laws, any of which occurred in connection with obtaining, attempting to obtain, or performing
a public contract or subcontract; or
(iii) Threatening, resisting, intimidating, or interfering with Forest Officers engaged in, or on account of,
the performance of their official duties involving the protection, improvement, or administration of National Forest
lands;
(b) Is convicted for violation of criminal statutes or
civil standards, orders, permits, or other regulations for
environmental protection issued by a Federal agency,
State agency, or political subdivision thereof in the conduct of operations hereunder on National Forest lands,
pursuant to B6.01;
(c) Has engaged in a pattern of activity that demonstrates flagrant disregard for the terms of this contract,
such as, but not limited to, repeated suspensions for
breach pursuant to B9.3, causing undesignated timber
meeting Utilization Standards to be unnecessarily dam-

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aged or negligently or willfully cut, or causing other serious environmental degradation or resource damage;
(d) Fails to comply with contract provisions related to
nondiscrimination in employment; or
(e) Fails to remedy a breach of contract within time
limits stated in B9.3.
Damages due the United States for termination under
this Subsection shall be determined pursuant to B9.4.
B9.4 Damages for Failure to Cut or Termination
for Breach. (a) In event of Purchaser’s failure to cut
designated timber on portions of Sale Area by
Termination Date or termination for breach under B9.31,
Forest Service shall appraise remaining Included Timber,
unless termination is under B8.22 or B8.34. Such
appraisal shall be made with the standard Forest Service
method in use at time of termination.
(b) If the sale is resold, damages due shall be the
amount by which Current Contract Value, plus costs
described in paragraph (d) of this Section, exceeds the
resale value at new Bid Rates.
(c) If the contract is not reoffered or there are no
responsive bids on the reoffered contract, damages due
shall be the amount by which Current Contract Value
exceeds the value determined by appraisal, plus costs
described in paragraph (d) of this Section.
(d) If applicable, the following costs shall be included
in damages:
(i) The cost of resale or reoffering, including, but
not limited to, salary costs, document preparation and
duplication costs, mailing costs, and timber sale
advertisement costs.
(ii) If Purchaser has failed to cut individual trees
in the portions of Sale Area cut over and there is no

resale of such individual trees, Purchaser shall pay Forest
Service for cost of felling and removal or otherwise
eliminating such uncut trees, except for occasional trees
not cut for reasons stated in B6.4.
(iii) The Government’s loss caused by the delay
in receipt of stumpage payments. Such loss will be
measured by interest at the Current Value of Funds Rate
established by the Secretary of the Treasury, on the
unpaid contract value at Termination Date. Interest will be
charged for the total number of months, or portions
thereof, from Termination Date until midpoint of the
contract resale period, less any time in excess of 1 year
needed to make the resale.
(iv) Any increase in reforestation costs, including
site preparation, seeding, and planting caused by
Purchaser’s failure to harvest Included Timber by
Termination Date.
B9.5 Settlement. If obligations of Purchaser have not
been fully discharged by Termination Date, any money
advanced or deposited hereunder shall be retained and
applied toward unfulfilled obligations of Purchaser without
prejudice to any other rights or remedies of Forest
Service. Such funds may be treated as cooperative
deposits under B4.218 for uncompleted work 30 days
after receipt of written notice from Contracting Officer to
Purchaser of work to be done and Purchaser’s failure to
deny the obligation or to do the work.
B9.6 Contract Closure. Contracting Officer shall give
appropriate written notice to Purchaser when Purchaser
has complied with the terms of this contract. Purchaser
shall be paid refunds due from Timber Sale Account under B4.24 and excess cooperative deposits under
B4.218.

DIVISION C
Special Provisions
In accordance with A21, the Sections, Subsections, and Items therein listed are attached and made a part hereof.
The material is indexed by the numbering system used in Division B. The numbers after the C (that identifies material
in this Division) indicates the Part, Section, Subsection, or Item of Division B that is being supplemented or modified
by each particular provision included in this Division.

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