Timber Sale Contract FS-2400-6T

UNITED STATES DEPARTMENT OF AGRICULTURE
Forest Service

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

STANDARD PROVISIONS FOR TIMBER SALES TO BE MEASURED BEFORE FELLING
This Division is organized into Parts, Sections,
Subsections, and Items. These are numbered in
accordance with the following scheme: Part BT1.0,
Section BT1.1, Subsection BT1.11, and Item BT1.111.
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. Descriptive 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
AT. Wherever appropriate, Specific Conditions established in Division AT are cited by reference number. The
listing of Sections, Subsections, or Items of this Division
in AT18 has the effect of striking or deleting them from
Division BT. AT19 lists Special Provisions that comprise
Division CT. 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
Contract Term Adjustment
Contract Term Extension
Current Contract Rates
Current Contract Value
Current Unit Rates
Design Change
Extension Deposit
Fire Precautionary Period
Flat Rates
Included Timber
Indicated Advertised Rates
Marked
Measuring
Negligent Fire
Normal Operating Season

AT4
AT4
AT4
AT4
AT4
BT2.133
BT9.2
BT2.3
BT8.21
BT8.23
BT3.1
BT3.1
BT5.251
BT5.253
BT4.217
BT7.2
AT4
BT2.1
BT8.221
BT2.35
BT6.8
BT7.42
BT6.31

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

BT6.35
BT7.41
BT8.35
BT2.3
BT4.1
BT5.211
BT6.3
BT6.3
AT4
BT1.1
BT1.1
BT5.2
BT5.211
BT5.2
BT6.5
BT5.23
BT5.1
AT4
BT8.2
BT4.2
BT2.3
BT8.35
AT2, BT2.2

Contract FS-2400-6T, Pages 110 through 140 (06/2006)
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CONTENTS
Reference
Number

Title

BT1.0 SALE AREA
BT1.1
Sale Area Map
BT1.2
Claims
BT2.0 TIMBER SPECIFICATIONS
BT2.1
Included Timber
BT2.11
Standard Timber
BT2.12
Substandard Timber
BT2.13
Damaged Timber
BT2.131
Damaged by Purchaser
BT2.132
Negligent or Willful Damage
BT2.133
Damaged by Catastrophe
BT2.134
Minor Damage by Natural Causes
BT2.14
Unintentionally Cut Timber
BT2.15
Construction Timber
BT2.16
Other Material
BT2.2
Utilization and Removal of Included
Timber
BT2.3
Timber Designations
BT2.31
Clearcutting Units
BT2.32
Construction Clearing
BT2.321
Specified Road Clearings
BT2.322
Other Authorized Clearings
BT2.33
Overstory Removal Units
BT2.34
Understory Removal Units
BT2.35
Individual Trees
BT2.36
Incompletely Measured Payment Units
BT2.37
Designation Changes
BT2.4
Quantity Estimate
BT2.41
Adjustment for Quantity Deficit
BT2.42
Adjustment for Excess Quantity
BT2.43
Adjustment for Quantity Errors
BT3.0 RATES OF PAYMENT
BT3.1
Current Contract Rates
BT3.2
Escalation Procedure
BT3.21
Unavailable Index
BT3.3
Rate Redetermination
BT3.31
Rate Redetermination for
Environmental Modification
BT3.32
Rate Redetermination after
Catastrophic Damage
BT3.33
Rate Redetermination for Market
Change
BT3.34
Emergency Rate Redetermination
BT3.4
Other Payment Rates
BT3.41
Material and Quantities Not in AT2
BT3.42
Timber Cut Through Mistake
BT3.43
Undesignated Timber Damaged
Without Negligence
BT3.44
Undesignated Timber Unnecessarily
Damaged or Negligently or Willfully
Cut
BT3.45
Liquidated Damages
BT4.0 PAYMENTS
BT4.1
Amount Payable for Timber
BT4.2
Timber Sale Account
BT4.21
Cash Deposits

Reference
Page Number

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BT4.211
BT4.212
BT4.213
BT4.214

Title

Downpayment
Advance Deposits
Periodic Payment Schedule
Deposits for Charges Subject to
Escalation
BT4.215
Deposits When Payment
Guaranteed
BT4.216
Blanket Cash Deposits
BT4.217\
Extension Deposits
BT4.218
Cooperative Deposits
BT4.22
Temporary Reduction of
Downpayment
BT4.23
Refund of Excess Cash
BT4.24
Refund after Final Charges for
Released Timber
BT4.3
Payment Guaranteed by Bond or
Deposited Securities
BT4.31
Blanket Bond
BT4.32
Letters of Credit for Payment Bond
BT4.4
Payments Not Received
BT5.0 TRANSPORTATION FACILITIES
BT5.1
Authorization
BT5.11
Requirements of Rights-of-Way
BT5.12
Use of Roads by Purchaser
BT5.2
Specified Roads
BT5.21
Engineering
BT5.211
Contract Plans
BT5.212
Construction Staking
BT5.22
Material Delivery
BT5.23
Use of Partially Constructed Roads
BT5.24
Estimated Cost
BT5.25
Construction Cost Adjustment
BT5.251
Variation in Quantities
BT5.252
Physical Change
BT5.253
Design Change
BT5.26
Alternate Facilities
BT5.27
Temporary Credit for Unamortized
Specified Road Construction Cost
BT5.3
Road Maintenance
BT5.4
Use by Others
BT6.0 OPERATIONS
BT6.1
Representatives
BT6.11
Notices
BT6.2
Improvements
BT6.21
Removal
BT6.22
Protection of Improvements
BT6.221
Protection of Improvements Not
Owned by Forest Service
BT6.222
Protection of Property
BT6.23
Protection of Land Survey Monuments
BT6.24
Protection Measures Needed for
Plants, Animals, Cultural Resources,
and Cave Resources
BT6.3
Control of Operations
BT6.31
Operating Schedule
BT6.311
Plan of Operations

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Reference
Number

Title

Plan of Operations for Road
Construction
BT6.32
Protection of Residual Trees
BT6.33
Safety
BT6.34
Sanitation and Servicing
BT6.341
Prevention of Oil Spills
BT6.342
Hazardous Substances
BT6.35
Equipment Cleaning
BT6.36
Acceptance of Work
BT6.361
Acceptance of Specified Roads
BT6.4
Conduct of Logging
BT6.41
Felling and Bucking
BT6.411
Felling in Clearings
BT6.412
Stump Heights
BT6.413
Limbing
BT6.42
Skidding and Yarding
BT6.421
Rigging
BT6.422
Landings and Skid Trails
BT6.423
Skidding on Roads
BT6.424
Arches and Dozer Blades
BT6.5
Streamcourse Protection
BT6.6
Erosion Prevention and Control
BT6.61
Meadow Protection
BT6.62
Wetlands Protection
BT6.63
Temporary Roads
BT6.631
Temporary Roads to Remain Open
BT6.64
Landings
BT6.65
Skid Trails and Fire Lines
BT6.66
Current Operating Areas
BT6.67
Erosion Control Structure Maintenance
BT6.7
Slash Disposal
BT6.8
Measuring
BT6.81
Product Identification
BT6.9
Records
BT7.0 FIRE PRECAUTIONS AND CONTROL
BT7.1
Plans
BT7.2
Fire Precautions
BT7.21
Substitute Precautions
BT7.22
Emergency Precautions
BT7.3
Fire Control
BT7.31
Purchaser’s Reinforcement Obligations
BT7.311
Suspend Operations
BT7.312
Personnel
BT7.313
Equipment
BT7.4
Fire Suppression Costs
BT7.41
Operations Fire
BT7.42
Negligent Fire
BT7.43
Other Fires on Sale Area
BT7.5
State Law

Reference
Page Number

BT6.312

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Title

BT7.6
Performance by Contractor
BT8.0 OTHER CONDITIONS
BT8.1
Title and Liability
BT8.11
Title Passage
BT8.12
Liability for Loss
BT8.2
Period of Contract
BT8.21
Contract Term Adjustment
BT8.211
Delay in Reconstruction of
Processing Facilities
BT8.212
Market-Related Contract Term
Addition
BT8.22
Termination for Catastrophe
BT8.221
Termination by Purchaser
BT8.222
Termination by Forest Service
BT8.23
Contract Term Extension
BT8.231
Conditions for Contract Term
Extension
BT8.3
Contract Modification
BT8.31
Changed Conditions
BT8.32
Modification for Catastrophe
BT8.33
Contract Suspension and Modification
BT8.34
Contract Termination
BT8.341
Termination by Forest Service
BT8.342
Termination by Purchaser
BT8.35
Out-of-Pocket Expenses
BT8.36
Termination for Market Change
BT8.4
Performance by Other than Purchaser
BT8.5
Sale of Other Materials
BT8.6
Provisions Required by Statute
BT8.61
Covenant against Contingent Fees
BT8.62
Officials Not to Benefit
BT8.63
Nondiscrimination in Employment
BT8.64
Debarment and Suspension
Certification
BT8.65
Contract Consistency With Other Laws
BT9.0 PERFORMANCE AND SETTLEMENT
BT9.1
Performance Bond
BT9.11
Bond Reduction
BT9.12
Letters of Credit
BT9.13
Temporary Bond Reduction
BT9.2
Disputes
BT9.21
Time Limits for Submission of Claim
BT9.22
Contract Documents
BT9.3
Breach
BT9.31
Termination for Breach
BT9.4
Damages for Failure to Cut or
Termination for Breach
BT9.5
Settlement
BT9.6
Contract Closure

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BT1.0—SALE AREA
BT1.1 Sale Area Map. The boundaries of “Sale Area”
and any Payment Unit 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 AT1. Payment Units
may be revised and additional ones may be established
only by written agreement. Upon Purchaser’s request,
Forest Service shall subdivide Payment Units to reduce
them to a size that can be logged within 60 days at
Purchaser’s normal rate of logging. However, the rate of
logging used in such adjustment of Payment Unit size
shall not be less than a rate necessary for removal of all
Included Timber during Normal Operating Seasons prior
to Termination Date. Payment Units or cutting units may
be eliminated from Sale Area under conditions described
in BT6.36. Catastrophically Damaged areas may be
removed from Sale Area under BT8.32.
Where applicable, the following are also identified on
Sale Area Map:
(a) Identified claims limiting Purchaser’s rights under
BT1.2;
(b) Payment Units where timber is to be Measured or
Marked after date of timber sale advertisement and
approximate location of sample Marked timber under
BT2.36 and BT2.4;
(c) Boundaries of Clearcutting Units, Overstory
Removal Units, and Understory Removal Units under
BT2.3;
(d) Diameter limits for Overstory Removal Units and
Understory Removal Units under BT2.33 and BT2.34;
(e) Areas where leave trees are Marked to be left
uncut under BT2.35;
(f) Specified Roads listed in AT7;
(g) Sources of base course, surface rock, and rock
riprap listed in the Schedule of Items under CT5.221;
(h) Roads where log hauling or use is prohibited or
restricted under BT5.12;
(i) Roads and trails to be kept open under BT6.22;
(j) Improvements to be protected under BT6.22;
(k) Locations of known wildlife or plant habitat and
cave resources to be protected under BT6.24;
(l) Locations of areas known to be infested with
specific invasive species of concern under BT6.35;
(m) Maximum stump heights when more than one
height is listed by areas in AT6 under BT6.412;
(n) Skidding or yarding methods specified under
BT6.42;
(o) Streamcourses to be protected under BT6.5;
(p) Locations of meadows requiring protection under
BT6.61;
(q) Locations of wetlands requiring protection under
BT6.62;
(r) Locations of temporary roads to be kept open
under BT6.631; and
(s) Other features required by Division BT or CT.
BT1.2 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.
BT2.0—TIMBER SPECIFICATIONS
BT2.1 Included Timber. “Included Timber” consists
of:
BT2.11 Standard Timber. Live and dead trees
and portions thereof that meet Utilization Standards under
BT2.2 and are designated for cutting under BT2.3.
BT2.12 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.
BT2.13 Damaged Timber.
BT2.131 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.
BT2.132 Negligent or Willful Damage. Undesignated timber meeting Utilization Standards and unnecessarily damaged or negligently or willfully cut by Purchaser, if included by Contracting Officer.
BT2.133 Damage by Catastrophe. As
provided under BT8.32, 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 quantity stated in AT2 or
(ii) More than two hundred thousand cubic feet
(2,000 CCF) or equivalent.

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Catastrophic Damage does not include changes
caused by forest pest epidemics or foreseeable deterioration if Included Timber was sold for salvage or pest control.
BT2.134 Minor Damage by Natural
Causes. Undesignated trees within Sale Area and meeting Utilization Standards, in amounts less than specified
in BT2.133, that become insect infested, windthrown, suffer serious damage, or die, as designated by agreement.
BT2.14 Unintentionally Cut Timber. Trees,
within or immediately adjacent to Sale Area or to road
construction or other authorized clearing outside Sale
Area, not designated for cutting under BT2.3 but that are
cut through mistake by Purchaser, when included by
Contracting Officer.
BT2.15 Construction Timber. Trees to be used
for construction under BT5.1.
BT2.16 Other Material. Species or products not
listed in AT2, upon written approval of Contracting Officer
under BT3.41.
BT2.2 Utilization and Removal of Included Timber.
“Utilization Standards” for trees and minimum pieces are
stated in AT2. To meet minimum tree specifications, trees
must equal or exceed tree diameters listed in AT2 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 all
pieces that:
(a) Meet minimum piece standards in AT2 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.
BT2.3 Timber Designations. Timber designated for
cutting shall be confined to Sale Area, except as provided
in BT2.131, BT2.14, BT2.15, BT2.32, and BT5.1. Sale
Area Map indicates Payment Units, if any, where Marking
under BT2.35 is to be done after timber sale advertisement, except for construction clearing under BT2.32, designation changes under BT2.37, 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. Such units where Measuring is to be completed after
date of timber sale advertisement are also shown. The
number of units and approximate acreage of timber designations are stated in AT3.
BT2.31 Clearcutting Units. All trees that meet
Utilization Standards within “Clearcutting Units” are
designated for cutting.
BT2.32 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 BT5.2.
BT2.321 Specified Road Clearings. Timber
within the clearing limits of Specified Roads is within
separate Payment Units, as shown on Sale Area Map,
and the quantities are in AT2. These Payment Units are
subject to revision, as specified in BT2.37. The quantities
of dead or unstable trees designated outside the clearing
limits are not included in AT2.
BT2.322 Other Authorized Clearings. Timber within authorized clearings for Temporary Roads,
landings, or other construction clearings is designated for
cutting. Quantities of such timber are not included in AT2.
BT2.33 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.
BT2.34 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.
BT2.35 Individual Trees. All trees to be cut,
other than in the units described in BT2.31, BT2.32,
BT2.33, and BT2.34, 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.
BT2.36 Incompletely Measured Payment
Units. Trees within incompletely Measured Payment
Units shown on Sale Area Map at time of timber sale advertisement shall be designated in accordance with
CT2.36. 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.
BT2.37 Designation 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.
In event Contracting Officer accepts alternate facilities under BT5.26, Contracting Officer shall revise the affected Payment Units and adjust estimated quantities.
In the event Purchaser does not construct portions of
Specified Roads, Payment Units involved shall be revised
to eliminate the road portions not to be constructed. Parts
of such areas within non-road-related Payment Units shall
be added to such Payment Units and the timber thereon
shall be designated by the methods provided for in the
Payment Units. Estimated quantities for Payment Units so
revised shall be adjusted as necessary.
BT2.4 Quantity Estimate. The estimated quantities
of timber by species designated for cutting under BT2.3
and expected to be cut under Utilization Standards are
listed in AT2. Estimated quantity in AT2 does not include
the following:
(a) Damaged timber under BT2.13;
(b) Unintentionally cut timber under BT2.14;

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(c) Construction timber under BT2.15 cut outside of
Payment Units and removed from construction use for
utilization by Purchaser;
(d) Timber within clearing limits of Temporary Roads
or other authorized clearings and that is not designated
under BT2.31, BT2.33, BT2.34, or BT2.35; or
(e) Dead or unstable live trees that are sufficiently
tall to reach Purchaser’s landings or the roadbed of
Specified Roads under BT2.32.
Estimated quantities for such timber not included in
AT2 shall be determined as stated in CT6.8.
If Sale Area Map shows Payment Units where
Marking or Measuring is to be completed after date of
timber sale advertisement, the objective of Forest Service
shall be to designate for cutting in such Payment Units
sufficient timber so that Sale Area shall yield the
approximate estimated quantities by species or species
groups stated in AT2. However, the estimated quantities
stated in AT2 are not to be construed as guarantees or
limitations of the timber quantities to be designated for
cutting under the terms of this contract.
Quantity adjustments shall not be made under this
Section after there is modification for Catastrophic
Damage under BT8.32.
BT2.41 Adjustment for Quantity Deficit. If Sale
Area Map shows Payment Units where Marking or Measuring is to be completed after the date of timber sale advertisement and if Contracting Officer determines that a
deficit in the estimated quantity will cause the quantity
designated to be less than 90 percent of the total estimate shown in AT2, 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 quantities by species listed in AT2. Any such additional designation shall be consistent with land and resource management plans.
BT2.42 Adjustment for Excess Quantity. If
Sale Area Map shows Payment Units where Marking or
Measuring is to be completed after date of timber sale
advertisement and if Contracting Officer determines that
the quantity designated will be more than 120 percent of
the total estimated quantity listed in AT2, 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 quantities by species listed in AT2. Such adjustments in quantities 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 BT1.1 and BT2.3.
If the timber designated for cutting is not reduced by
such adjustments to less than 120 percent of the total estimated quantity listed in AT2, Purchaser, after cutting
120 percent of the total estimated quantity listed in AT2,
may elect to have Sale Area reduced to eliminate Payment Units where felling has not begun.

BT2.43 Adjustment for Quantity Errors. An estimated quantity shown in AT2 shall be revised by correcting identified errors made in determining estimated quantity that result in a change in total timber sale quantity of
at least 10 percent or $1,000 in value, whichever is less,
when an incorrect estimated quantity is caused by computer malfunction or an error in calculations, area determination, or computer input.
No adjustments in quantity shall be made for variations in accuracy resulting from planned sampling and
Measuring methods or judgments of timber quality or defect.
For payment purposes, corresponding revisions in
quantity and total payment shall be shown in AT4c for
each Payment Unit involved. Adjustment in rates will not
be made. Adjustment in quantities shall not obligate Forest Service to designate additional quantities when the
original quantity estimate is overstated.
BT3.0—RATES OF PAYMENT
BT3.1 Current Contract Rates. Included Timber that
is Released for Cutting 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 BT3.2.
Flat Rates and Tentative Rates shall be those listed in
AT4, unless superseded by rates redetermined under
BT3.3 or established for Contract Term Extension.
Current Contract Rates, based on rates redetermined
under BT3.3 or established under BT8.23, shall apply to
all Payment Units from which removal of timber from Sale
Area has not been completed on the effective date of the
revised rates, except Current Contract Rates in effect at
the time of Release for Cutting shall be applicable:
(a) On Payment Units for Specified Roads Released
for Cutting on which clearing has begun and
(b) For not more than two other Payment Units from
which removal from Sale Area has begun.
Notwithstanding the exceptions provided in this
Section, rates redetermined under BT3.31, BT3.32, and
BT3.33 shall apply to all Included Timber removed
subsequent to the rate redetermination.
In event there are more than two Payment Units from
which timber removal has not been completed on the
effective date, the rates in effect at the time of Release for
Cutting shall apply to the two units from which the
greatest estimated proportions of Payment Unit quantities
have been removed. Otherwise, in released Payment
Units, redetermined rates or rates established for
Contract Term Extension shall apply to the entire quantity
shown in AT4c for those units. In addition, Required
Deposits shall be made as listed in AT4 and CT5.32, or
established under BT3.3 or BT8.23.
In the event Termination Date is adjusted under
BT8.21 or BT8.212, Current Contract Rates shall be
continued in the same manner as immediately prior to the
adjustment period.
“Current Contract Value” is the sum of the products of
Current Contract Rates and estimated remaining

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quantities by species of Included Timber meeting
Utilization Standards.
BT3.2 Escalation Procedure. Tentative Rates for
those species and products listed in AT4a are subject to
quarterly escalation in accordance with the following procedures: The calendar quarter index average for each
price index described in AT5 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
AT4a shall be the basis for quarterly escalation. To arrive
at Current Contract Rates for Payment Units Released for
Cutting 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 BT8.23 for the extension period.
BT3.21 Unavailable Index. If an index described
in AT5 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 AT5 for a 12month period prior to its becoming unavailable using the
quarterly adjustment procedure outlined in BT3.2. 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.
BT3.3 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 BT3.31, BT3.32, and BT3.33.
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 AT4, except for reduction under BT3.31,
BT3.32, or BT3.33. Required Deposits shall be
redetermined. Redetermined Specified Road construction
cost is subject to the limitations of BT5.26.
BT3.31
Rate
Redetermination
for
Environmental Modification. In the event of a contract
modification under BT8.33 or partial termination under
BT8.34, 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 BT3.2, and Required Deposits shall be considered
established under BT3.1 for Included Timber removed
subsequent to the contract revision.
BT3.32 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 BT8.32. Potential Included Timber is any that
would be added under BT8.32.
Tentative Rates and Flat Rates in effect at the time of
catastrophe shall be adjusted by said differences to become the redetermined rates for the purpose of a contract
modification under BT8.32. 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 BT8.32, redetermined rates
and Required Deposits shall be considered established
under BT3.1 for Included Timber removed 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.
BT3.33 Rate Redetermination for Market
Change. In the event of delay or interruption, exceeding
90 days, under BT8.33, 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 BT3.31, using
remaining volumes.
Tentative Rates and Flat Rates in effect at the time of
delay or interruption or established pursuant to BT3.31
will be reduced, if appraised rates declined during the
delay or interruption, to become Current Contract Rates.

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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 BT3.1 for Included Timber removed subsequent to
the delay or interruption.
BT3.34 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 AT17 has declined
by 25 percent. Rates shall be redetermined under BT3.3
and shall be considered established under BT3.1 for
Payment Units described therein at the time of
Purchaser's application. This Subsection shall not apply
during Contract Term Extension.
BT3.4 Other Payment Rates.
BT3.41 Material and Quantities Not in AT2.
Incidental amounts of products or portions of trees of
species listed in AT2 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 AT2 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.
Timber for which the quantity is not included in the
estimate listed in AT2, as described in BT2.4, shall be
paid for at Current Contract Rates and Required Deposits.
BT3.42 Timber Cut Through Mistake. Undesignated timber meeting Utilization Standards, cut by Purchaser through mistake and included by Contracting Officer under BT2.14, shall be removed and paid for at Current Contract Rates and Required Deposits, unless such
material is not listed in AT2. In such event, Contracting
Officer, in accord with standard Forest Service methods,
shall establish rates to be paid.
BT3.43 Undesignated Timber Damaged Without Negligence. Undesignated timber meeting Utilization
Standards, damaged without negligence by Purchaser
and designated by Forest Service under BT2.131, shall
be cut, removed, and paid for at Current Contract Rates
and Required Deposits.
BT3.44 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 BT2.132, shall be
cut, removed, and paid for at Current Contract Rates and

Required Deposits that are in addition to liquidated damages under BT3.45.
If such timber is of a species or size not listed in AT2
or is of a quality different from designated timber, Contracting Officer shall establish payment rates in accord
with standard Forest Service methods.
BT3.45 Liquidated Damages. Unnecessary
damage to or negligent or willful cutting of undesignated
timber, as described in BT3.44, 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.
BT4.0—PAYMENTS
BT4.1 Amount Payable for Timber. Except as provided in BT3.1, Current Contract Rates and Required Deposits in effect when a Payment Unit is Released for Cutting shall be applied to the timber quantities to determine
the amount Purchaser shall pay. A “Payment Unit” is a
portion of Sale Area established for payment purposes.
BT4.2 Timber Sale Account. “Timber Sale Account”
is an account maintained by Forest Service of all Purchaser’s deposits, credits, payment guarantees, and the
charges for:
(a) Timber at Current Contract Rates;
(b) Slash disposal and road maintenance at Required Deposit rates;
(c) Cooperative work at rates established by specific
agreement under BT4.218; and
(d) Other charges provided in this contract.
Cash deposits shall be recorded currently in such account.
Charges for Payment Units Released for Cutting shall
be made when Forest Service prepares and furnishes to
Purchaser periodic statements of quantity and value of
such timber. Charges subject to escalation under BT3.2
shall be made initially on the basis stated in BT4.214 and
shall be adjusted at the end of each calendar quarter, as
provided in BT3.2.
Charges shall be made according to BT3.4 when
trees are subsequently Marked or designated for cutting.
BT4.21 Cash Deposits. Within the limitations of
this Subsection, Purchaser shall make cash deposits to
meet Purchaser’s obligations within 15 days of billing by
Forest Service. Deposits shall be made to Forest Service,
U.S.D.A., by mail or delivery to the address to be furnished by Forest Service. Forest Service shall explain the
bill at the time it requests each deposit.
BT4.211 Downpayment. The downpayment
amount shown in AT15 may not be applied toward any
other payment required under the provisions of this contract, except damages determined pursuant to BT9.4,
transferred to other timber sales, or refunded until stumpage value representing 25 percent of the total bid value of

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the timber sale is shown on Timber Sale Account to have
been cut, removed, and paid for, or if 36 CFR 223.49(e) is
applicable, the estimated value remaining to be cut and
removed, as shown on Timber Sale Account, is equal to
or less than the amount of the downpayment. For lump
sum timber sales, the downpayment may be applied to
payment for release of the single payment unit.
If Forest Service makes a determination that this contract should not have been included under increased
downpayment requirements (36 CFR 223.49(e)), the
downpayment shall be revised and applied in accordance
with 36 CFR 223.49(f).
BT4.212 Advance Deposits. Purchaser
agrees to make cash deposits in advance of cutting to
meet charges under BT4.2.
Forest Service billings for advance cash deposits
shall be in such amounts that Timber Sale Account will
maintain an unobligated balance that covers the applicable charges for Payment Units Released for Cutting and
designated material not included in AT2 expected to be
cut within the next 60 days. This advance cash deposit
may be reduced to a smaller amount by the terms of
BT4.211, BT4.213, BT4.215, and/or BT4.217. Except for
amounts required pursuant to BT4.211, BT4.213, and
BT4.217, Purchaser shall not be required to make advance deposits above those required under this Item.
When the credit balance in Timber Sale Account is
exceeded by the charges for timber within Payment Units
Released for Cutting and for the estimated quantity to be
cut in 10 days of cutting designated material not included
in AT2, Contracting Officer will suspend all or any part of
Purchaser’s Operations until payment or acceptable
payment guarantee is received.
BT4.213 Periodic Payment Schedule. Purchaser shall make periodic payments for stumpage value,
as shown in AT16.
In the event Purchaser has not paid the amount(s)
stated in AT16 as stumpage for quantity removed by the
periodic payment determination date(s), Forest Service
shall issue a bill for collection for the difference between
the required amount and payments made by Purchaser. If
payment(s) fall due on a date other than a normal billing
date, the payment date shall be extended to coincide with
the next Timber Sale Account billing date.
The amount of the periodic payment(s) will be reduced if the payment(s) would result in Purchaser’s credit
balance for timber charges exceeding the Current Contract Value.
Only cash may be used for this purpose. No other
form of payment is acceptable. Forest Service will apply
the payments to subsequent charges on this contract under the terms of BT4.212.
Except for Contract Term Extensions under BT8.23,
periodic payment determination date(s) that have not
been reached shall be adjusted one day for each additional day of contract time granted.
BT4.214 Deposits for Charges Subject to
Escalation. Deposits requested to cover estimated
charges for timber subject to escalation under BT3.2 shall

be based upon Current Contract Rates and related deposits in effect during previous calendar quarter.
BT4.215 Deposits When Payment Guaranteed. To the extent payment guarantee is provided under
BT4.3, requirements for advance cash deposits under
BT4.212 shall be waived for the value of timber on Sale
Area that has been Released for Cutting, but not removed, and for the estimated value of products removed
from Sale Area for not more than a monthly billing period,
subject to the provisions of BT4.4.
BT4.216 Blanket Cash Deposits. Purchaser
may make cash deposits under a written agreement to
cover charges made under this and other timber sale contracts within the same National Forest. Forest Service
shall allocate such deposits to such timber sales. 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 within the same National Forest at
Purchaser’s request. Purchaser shall not start cutting until
allocation has again been made to this timber sale.
BT4.217 Extension Deposits. In the event
of Contract Term Extension, Forest Service shall divide
the difference between Current Contract Value as of the
start of any Contract Term Extension and the credit balance of any deposit made pursuant to BT4.213 by the
number of whole months remaining in Normal Operating
Season(s) 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 BT4.21,
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 any Payment
Unit is to be released.
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).
BT4.218 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.
BT4.22
Temporary
Reduction
of
Downpayment. When, under BT8.33, 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

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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 AT15, 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
AT15 within 15 days after the date the bill for collection is
issued, subject to the provisions of BT4.4. Purchaser
shall not resume contract operations until the
downpayment amount is fully restored.
BT4.23 Refund of Excess Cash. If at any time
the credit balance of Timber Sale Account exceeds the
charges for timber within Payment Units Released for
Cutting and for designated material not included in AT2
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 BT4.211, BT4.213, or BT4.217. 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. However,
Forest Service shall not reduce the credit balance below
the total value of partially cut Payment Units and designated material not included in AT2 that is cut before
operations cease. After a refund for a shutdown, deposits
shall be made to meet the requirements of BT4.212 before additional timber may be cut.
BT4.24 Refund after Final Charges for Released Timber. Any cash deposit, in excess of that required to meet charges under BT4.2, shall be refunded or
transferred within 15 days of Purchaser’s request after final charges for Included Timber have been made, except
for amounts estimated to be required under BT9.5.
BT4.3 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
BT9.1.
BT4.31 Blanket Bond. If Purchaser furnishes an
acceptable bond, or deposits securities, in accordance
with BT4.3, 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.
BT4.32 Letters of Credit for Payment Bond.
Notwithstanding the provisions of BT4.3, Purchaser may
use letters of credit in lieu of a surety bond for payment
bond purposes when approved by Contracting Officer.
BT4.4 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 and road maintenance
deposits;
(ii) Cooperative work at rates established by
specific agreement under BT4.218;
(iii) Damages pursuant to BT9.4;
(iv) Road use fees;
(v) Restoration of downpayment pursuant to
BT4.22;
(vi) Periodic payments pursuant to BT4.213;
(vii)Extension Deposits pursuant to BT4.217; 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 BT9.3. 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.

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(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.
BT5.0—TRANSPORTATION FACILITIES
BT5.1 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 BT5.2. Unless otherwise provided
herein, construction may be progressive during this contract. Maintenance shall be governed by BT5.3. 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.
BT5.11 Requirements of Rights-of-Way. Purchaser’s road construction and use of rights-of-way identified in attached list or CT5.11 shall be confined to rightsof-way 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.
BT5.12 Use of Roads by Purchaser. Except as
provided herein, Purchaser is authorized to use existing
National Forest system roads and Specified Roads listed
in AT7, 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 AT7, 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 AT7 as an alternate facility
under BT5.26.
CT5.12 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.
BT5.2 Specified Roads. “Specified Roads” are
roads, including related transportation facilities and
appurtenances, shown on Sale Area Map and listed in
AT7. 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 AT7 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.
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 BT5.212, BT5.25, BT5.26, or
CT5.215, AT7 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 BT5.25.
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.
BT5.21 Engineering. Forest Service completed
survey and design for Specified Roads prior to timber
sale advertisement, unless otherwise shown in AT8 or

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Purchaser survey and design are specified in AT7. 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 AT8. 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) AT7
to
show
Purchaser’s
performance
responsibility.
(b) The Schedule of Items to include costs of survey
and design, as provided under BT5.24, and adjust Timber
Sale Account, as provided in BT5.25. 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.
BT5.211 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 AT7 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
BT5.253.
BT5.212 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 BT4.218.
When AT7 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.
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) AT7
to
show
Purchaser’s
performance
responsibility.
(b) The Schedule of Items to include costs of
construction staking, as provided under BT5.24, and
adjust Timber Sale Account, as provided in BT5.25.
Forest Service shall calculate such costs, using unit rates
comparable with those used in the Schedule of Items.
BT5.22 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

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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.
BT5.23 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.
BT5.24 Estimated Cost. Estimated costs by
construction phases for Specified Roads listed in AT7 are
stated by segments in the Schedule of Items. Such
estimated costs are subject to adjustment under BT3.3,
BT5.2, BT5.21, BT5.212, BT5.25, and BT5.26.
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.
BT5.25 Construction
Cost
Adjustment.
Contracting Officer, as provided in BT5.21, BT5.212,
BT5.251, BT5.252, and BT5.253, 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.
BT5.251 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
BT5.252 or BT5.253. 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 AT7, 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.
BT5.252 Physical Change. (a) Forest
Service shall adjust the Specified Road construction cost
if, prior to acceptance under BT6.36, 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
(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:

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(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.
BT5.253 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 BT5.251, 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.
BT5.26 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 AT7. 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
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 BT3.3, such
allowed costs shall be the redetermined estimated costs
of facilities listed in the original Schedule of Items that
Purchaser does not construct.
BT5.27 Temporary Credit for Unamortized
Specified Road Construction Cost. When, under
BT8.33, 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 owed the United States,

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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.
BT5.3 Road Maintenance. Purchaser shall maintain
roads, commensurate with Purchaser’s use, in accordance with Road Maintenance Requirements in CT5.31
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 BT6.31.
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 CT5.31, Forest Service shall determine Purchaser’s commensurate share of road maintenance and
revise road maintenance deposits in CT5.32.
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.
BT5.4 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 CT5.4, 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.
BT6.0—OPERATIONS
BT6.1 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 BT6.31.
Unless Contracting Officer designates another Forest
Service representative and notifies Purchaser in writing,
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.
BT6.11 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.

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BT6.2 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.
BT6.21 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
BT9.5 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.
BT6.22 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 CT6.22.
BT6.221 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.
BT6.222 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.
BT6.23 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 perpetuate
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
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.
BT6.24 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

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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 BT5.1 or
BT6.422. 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 BT6.6. Additional special protection measures
needed to protect such known areas are identified in
CT6.24.
(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 BT8.33.
(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 BT8.33.
(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.
BT6.3 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 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.
“Release for Cutting” is written authorization to Purchaser to begin cutting in a Payment Unit. Upon Purchaser’s request for release of a Payment Unit, Forest
Service shall either:
(a) Give tentative approval and bill Purchaser as
necessary under BT4.21 or
(b) Reject the request, stating reasons for rejection.
When payment or payment guarantee has been confirmed, Forest Service shall issue Release for Cutting
within 10 days. Purchaser shall not cut timber in any
Payment Unit until it is Released for Cutting.
BT6.31 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, and construction, including construction staking under BT5.212 and material delivery under
BT5.22. Upon reasonable notice to Forest Service, such
schedule shall be subject to modifications necessitated by
weather, markets, or other unpredictable circumstances.
Subject to BT6.6 and when the requirements of
BT6.66 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 AT13 of any year.
BT6.311 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 BT6.31. 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.
BT6.312 Plan of Operations for Road Construction. Annually, prior to start of construction, Purchaser shall submit a supplement to the Plan of Operations 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

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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.
BT6.32 Protection of Residual Trees. Purchaser’s Operations shall not unnecessarily damage
young growth or other trees to be reserved.
BT6.33 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.
BT6.34 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.
BT6.341 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.
BT6.342 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.
BT6.35 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.
(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

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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
BT8.33.
(c) Nothing contained in this Subsection 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 BT8.33.
(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.
BT6.36 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 Payment Unit (such
as logging, slash disposal, erosion control, or snag
felling); or
(c) All contract requirements on a Payment Unit.
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 Payment Unit or cutting unit identified on
Sale Area Map, Payment Unit or cutting unit shall be
eliminated from Sale Area on written notice of either party
to this contract.
BT6.361 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.
BT6.4 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 BT2.2, prior to acceptance of Payment Unit for completion of logging under
BT6.36. 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 CT6.4
provisions set forth requirements to meet special or unusual logging conditions:
BT6.41 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 AT2.
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 Measure in percentage of gross Measure, or based on the merchantability
factor, whichever is stated in AT2. If necessary to assess

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extent of defect, Purchaser shall make sample saw cuts
or wedges.
BT6.411 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.
BT6.412 Stump Heights. Stumps shall not
exceed, on the side adjacent to the highest ground, the
maximum heights set forth in AT6, 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 AT6 and shall dispose of severed portions in
the same manner as other logging debris. The stump
heights shown in AT6 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.
BT6.413 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.
BT6.42 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.
BT6.421 Rigging. Insofar as practicable,
needed rigging shall be slung on stumps or trees designated for cutting.
BT6.422 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.
BT6.423 Skidding on Roads. Products may
be skidded on permanent roads authorized for hauling
under BT5.12 only by prior written agreement.
BT6.424 Arches and Dozer Blades. Unless
otherwise specified in CT6.424, 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.
BT6.5 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.
BT6.6 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 BT4.218.
BT6.61 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 BT5.1 or BT6.422. Unless otherwise
agreed, trees felled into meadows shall be removed by
endlining. Resulting logging slash shall be removed
where necessary to protect cover, soil, and water.
BT6.62 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 BT5.1 or BT6.422.
Additional measures needed to protect such areas are
provided in CT6.62.

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BT6.63 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.
BT6.631 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 BT6.63, 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.
BT6.64 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.
BT6.65 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.
BT6.66 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.
BT6.67 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 BT4.218, 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.
BT6.7 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 CT6.7 and are in
addition to Required Deposits for slash disposal.
BT6.8 Measuring. “Measuring” is the estimation of
timber quantities using certain dimensions and applicable
volume tables or formulae to determine the contents of
trees or stands in a standard manner. Sampling may be
on an individual tree or area basis. Examples of standard
procedures are tree measurement, sample tree measurement, and area estimate. The quantity of timber designated or to be designated for cutting has been or shall
be Measured, as specified in CT6.8.
BT6.81 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.
BT6.9 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

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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.
BT7.0—FIRE PRECAUTIONS AND CONTROL
BT7.1 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.
BT7.2 Fire Precautions. Specific fire precautionary
measures listed in CT7.2 shall be applicable during Purchaser’s Operations in “Fire Precautionary Period” described in AT9. 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.
BT7.21 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.
BT7.22 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 CT7.22. 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.
BT7.3 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 AT10.
BT7.31 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:
BT7.311 Suspend Operations. To suspend
any or all of Purchaser’s Operations.
BT7.312 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 AT10. 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.
BT7.313 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 AT10. Equipment shall be
operated only by personnel approved by Purchaser, if so
requested by Purchaser.
BT7.4 Fire Suppression Costs. Purchaser’s obligations for cost of fire suppression vary according to three
classifications of fires as follows:
BT7.41 Operations Fire. An “Operations Fire” is
a fire caused by Purchaser’s Operations other than a
Negligent Fire.
Forest Service, except as provided in BT7.3, shall
use cooperative deposits under BT4.218 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 AT11. The cost of Purchaser’s actions,
supplies, and equipment on any such fire provided pursuant to BT7.3, 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 AT11, Forest Service shall reimburse Purchaser
for the excess.
BT7.42 Negligent Fire. A “Negligent Fire” is a
fire caused by negligence or fault of Purchaser’s Operations, 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 BT7.2 and BT7.3 results in a fire starting or
permits a fire to spread. Damages and the cost of suppressing Negligent Fires shall be borne by Purchaser.

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BT7.43 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 BT7.3, or otherwise at the request of Forest Service, on any fire on
Sale Area other than an Operations Fire or a Negligent
Fire.
BT7.5 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 BT7.41 shall not be
withheld pending settlement of any such claim or action
based on State law.
BT7.6 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.
BT8.0—OTHER CONDITIONS
BT8.1 Title and Liability.
BT8.11 Title Passage. All right, title, and interest
in and to any Included Timber shall remain in Forest Service until it has been Measured, 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 in Payment Units Released for Cutting
covered by cash deposit or payment guarantee under
BT4.3 shall be considered to have been paid for. Title to
any Included Timber that has been Measured 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.
BT8.12 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 caused by insect or disease after felling of
timber shall be borne by Purchaser, unless Purchaser is
prevented from removing such timber for reasons that
would qualify for Contract Term Adjustment. 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
BT8.33.
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.
BT8.2 Period of Contract. All obligations of Purchaser shall be discharged not later than “Termination
Date” stated in AT12, unless it is adjusted pursuant to
BT8.21 or BT8.212 or extended pursuant to BT8.23 or
BT8.32, 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.
BT8.21 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 BT6.31, 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 BT4.4 or BT9.3 or
(ii) Purchaser suffers a delay or interruption of
Purchaser’s Operations affecting skidding, yarding,

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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 BT8.23, 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.
BT8.211 Delay in Reconstruction of Processing Facilities. Notwithstanding the 12-month limitation in BT8.21, 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.
BT8.212 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 AT17. 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.
When a contract is lengthened as a result of marketrelated contract term addition, any subsequent periodic
payment date shall be delayed 1 month for each month
added to the contract’s term.
BT8.22 Termination for Catastrophe. In event
of Catastrophic Damage, this contract may be modified
under BT8.32, following rate redetermination under
BT3.32, or terminated under this Subsection. Such termination shall not be considered a termination under
BT8.34.
BT8.221 Termination by Purchaser. This
contract shall be terminated, upon election and written
notice by Purchaser, if Catastrophic Damage rate redetermination under BT3.32 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.
BT8.222 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 BT8.32, within 30 days
of receipt from Contracting Officer of contract modifications proposed to permit the harvest of the catastropheaffected timber.
BT8.23 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 BT4.213,
as of the original Termination Date, or as adjusted
pursuant to BT8.21 or BT8.212, 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.
BT8.231 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 quantity in AT2
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

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BT6.311, were constructed and accepted by Forest Service prior to the applicable road completion date shown in
CT5.13.
(c) Purchaser’s Operations to date have been in reasonable compliance with contract terms and the approved
Plan of Operations under BT6.311.
(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 BT4.213 has been
made.
Contract Term Extension shall not become effective,
unless payments required by BT8.23 have been paid and
the initial Extension Deposit required by BT4.217 has
been made by the effective date of any extension.
BT8.3 Contract Modification. The conditions of this
timber sale are completely set forth in this contract.
Except as provided in BT8.32 and BT8.33, 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.
BT8.31 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.
BT8.32 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 BT3.32 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.

BT8.33
Contract
Suspension
and
Modification. (a) Contracting Officer may, by written
order, delay or interrupt authorized operations under this
contract or, notwithstanding BT8.3, 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 BT3.31. 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 BT8.33(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.
BT8.34 Contract Termination. This contract
may be terminated, in whole or in part, by Forest Service
or Purchaser, as provided in Items BT8.341 and BT8.342,
respectively. In the event of any such termination,
Purchaser shall be entitled to the applicable remedies,
subject to the limitation upon duplicative compensation

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set forth in BT8.33(d). Purchaser agrees that this
Subsection, and the remedies contained in the following
Items shall apply regardless of any finding by any court or
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.
BT8.341 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 BT8.33.
(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 BT3.31 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 BT3.31. 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.
BT8.342 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 BT8.33, or
(ii) in the event of an order modifying this
Contract pursuant to BT8.33, 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
BT8.33 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 BT3.31 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

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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
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 BT3.31. 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.
BT8.35 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 BT8.33 or BT8.34. 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.
BT8.36 Termination for Market Change. a) In
the event of delay or interruption under BT8.33,
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
BT3.33 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 BT3.33.
(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.
BT8.4 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

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(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
(ii) Acquires the rights in trust as security and
subject to such conditions as may be necessary for
the protection of the public interests.
BT8.5 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.
BT8.6 Provisions Required by Statute.
BT8.61 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.
BT8.62 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).
BT8.63 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 under-

standing, 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.
BT8.64 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

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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
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.
BT8.65 Contract Consistency With Other
Laws. The contract shall govern if State and local
environmental quality laws conflict with or preclude
performance of contractual requirements.
BT9.0—PERFORMANCE AND SETTLEMENT
BT9.1 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 AT14, unless
the amount is adjusted as provided in BT9.11 or BT9.13.
In lieu of surety bond, Purchaser may deposit into a Federal Depository, as directed by Forest Service under
BT4.21, and maintain therein, cash in the dollar amount
stated in AT14 or negotiable securities of the United
States having market value at time of deposit of not less
than the dollar amount stated in AT14.
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.
BT9.11 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 BT9.5.
BT9.12 Letters of Credit. Notwithstanding the
provisions of BT9.1, 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.
BT9.13 Temporary Bond Reduction. When,
under BT8.33, 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 AT14
within 15 days. Purchaser shall not resume contract
operations until the performance bond amount is fully
restored.
BT9.2 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 Of-

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ficer 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.
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.
BT9.21 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 Payment Units and cutting units, Purchaser
must file any Claim not later than 60 days after receipt of
Forest Service written notification that Payment 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.
BT9.22 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 (CT)
(b) Sale Area Map
(c) Specific Conditions (AT) and Schedule of Items
(d) Standard Provisions (BT)
(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
BT9.3 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 BT6.1, 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 BT8.33.
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.
BT9.31 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 BT6.01;

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(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 BT9.3, causing undesignated timber
meeting Utilization Standards to be unnecessarily damaged 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 BT9.3.
Damages due the United States for termination under
this Subsection shall be determined pursuant to BT9.4.
BT9.4 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 BT9.31,
Forest Service shall appraise remaining Included Timber,
unless termination is under BT8.22 or BT8.34. 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 BT6.4.
(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.
BT9.5 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 BT4.218 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.
BT9.6 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 BT4.24 and excess cooperative deposits under BT4.218.

DIVISION CT
Special Provisions
In accordance with AT19, 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 BT. The numbers after the CT (that
identifies material in this Division) indicates the Part, Section, Subsection, or Item of Division BT that is being
supplemented or modified by each particular provision included in this Division.

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