Forest Product Sale Procedure Handbook Series updates

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United States Department of the Interior BUREAU OF LAND MANAGEMENT

Oregon State Office

P.O. Box 2965

Portland, Oregon 97208

http://blm.gov/or

DEC 01 2016 IN REPLY REFER TO: 5400 (OR931) P EMS TRANSMISSION 12/09/2016 Information Bulletin No. OR-2017-017 To:

All Oregon and Washington District Managers and Field Managers

From:

Deputy State Director, Division of Resource Planning, Use, and Protection

Subject:

Forest Product Sale Procedure Handbook Series updates

Subsequent to the release of the revised Oregon/Washington Forest Product Sale Procedure Handbook series, the Washington Office issued new policy regarding stewardship contracting. The new policy related to stewardship contracting was divergent from the previous stewardship contracting policy that was incorporated into the Oregon/Washington H-5400-1, H-5410-1, H5420-1, H-5430-1 and H-5450-1 handbooks. Therefore, some minor updates are required to bring the Oregon/Washington Handbooks into compliance with the national stewardship policy. This Information Bulletin supersedes Instruction Memorandum OR-2016-023. These changes were reviewed by the Oregon State Office Forester Dave Roche. No field office review was conducted. Districts with unions are reminded to notify their unions of this information bulletin and satisfy any bargaining obligations before implementation. Your servicing Human Resources Office or Labor Relations Specialist can provide you with assistance in this matter. Signed by Cathy L. Harris Assoc. Deputy State Director for Resource Planning, Use and Protection

Attachments 1 - Update for H-5400-1 (3 pp.) 2 - Update for H-5410-1 (2 pp.) 3 - Update for H-5420-1 (4 pp.)

Authenticated by K. Wentworth Records Section

2 4 - Update for H-5430-1 (2 pp.) 5 - Update for H-5450-1 (3 pp.)

Distribution

WO220 (Mike Bechdolt)

OR931 (Jeanette Griese, Abe Wheeler, Dave Roche)

ORL040 (Don Holmstrom, Mike Angel, Shane Durant)

ORS000/ORE000 (Tim Lieske)

ORR000 (Dave Moser)

ORM000 (Scott Loos)

ORC000 (Jeff Davis)

ORB000 (Jon Reponen, Tim Newkirk)

ORV000 (Eric Ott)

ORP000 (Steve Castillo)

ORW000 (Mark Williams)

Form 1221-2 (June 1969)

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

OREGON STATE OFFICE

MANUAL TRANSMITTAL SHEET

Release

5-251 Date

12/01/2016

Subject

Oregon State Office Forest Product Sale Procedure Handbook H-5400-1

1.

Explanation of Materials Transmitted: Subsequent to the issue of the Oregon Forest Product Sale Procedure Handbook (FPSPH) in June 2016, the Washington office issued new Stewardship Contracting Policy. Minor edits were needed to the FPSPH to ensure compliance with these new policies.

2.

Reports Required: None

3.

Materials Superseded: Pages 2 and 3, H-5400-1 Release 5-251 (06/17/16).

4.

Filing Instructions: File as directed below. Remove pages 2 and 3 and replace with the attached pages.

Remove Page 2 and 3 Release 5-251 (06/17/16) (Total: 2 sheets)

Insert

Page 2 and 3 Release 5-251

(12/01/16)

(Total: 2 sheets)

Cathy L. Harris Assoc. Deputy State Director for Resource Planning, Use & Protection

2 H-5400-1 - SALES OF FOREST PRODUCTS – (Public)

ease and efficiency of measurement, achievement of the necessary accuracy given the product measured and its relative value, and customer convenience. This includes measurement of forest products for disposal in timber sale contracts, which will be guided by measurement direction in this handbook, in H-5420-1, PREPARATION FOR SALE, and in the Forest Products Measurement Handbook H-5310-1. As a general practice, the Bureau will sell timber on a tree cruise basis (also referred to as “lump sum” or “timber cruise”). For administrative purposes, timber may be sold on a log scale basis (a scale sale; also referred to as a recovery sale) provided log scaling will be performed by Bureau scalers unless third-party scaling is allowed. The Bureau may use third-party scaling if: 1.

A timber disaster has occurred;

2.

A critical resource loss is imminent; and

3. Measurement for a lump sum sale is inadequate to permit orderly disposal of damaged timber. All three conditions, which are interrelated, must be met. A “timber disaster” is damage and/or mortality to trees from natural or man-made causes that occurs to a sufficient severity or magnitude that salvage of damaged or dead timber is necessary for compliance with the applicable land use plan or for preventing the spread of fire, pests, or pathogens. The premise that justifies third-party scaling is the need to move expeditiously to harvest because a critical resource loss is imminent, either in terms of lost value of deteriorating timber or loss to other resources due to the spread of fire, pests, or pathogens. The third condition follows from the first two. If a lump sum sale of the damaged or dead timber is not prudent because lump sum measurement standards are too time-consuming and/or unsafe to achieve, there would be a greater loss of resources due to the delay. In addition, third-party scaling is allowed if the sale is a density management thinning where the quadratic mean diameter at breast height of the trees to be cut and removed is equal to or less than 20 inches. Scalers, or a scaling bureau used for third-party scaling, must be under contract to the Bureau (refer to Manual Sections 5300 and 5310 for discussion of timber measurement) and the resulting volumes must meet Bureau measurement standards. D. Sales of Timber by Weight. Weight may be an acceptable form of timber measurement if determined by the Authorized Manager to be in the public interest (see section II.C for factors to consider in making a determination of public interest) and the material offered meets Oregon State Office (OSO) policy for weight scale sales. Specific policy for the use of weight as a method of measurement may be found in the Western Oregon Timber Cruising Handbook. E. Appraisal and Valuation. The objective of BLM forest products appraisal is to ensure that the Bureau receives fair market value for forest product disposals from land under its administration, whether through advertised sales, negotiated sales, or unauthorized usees. Therefore, all timber and other vegetative resources to be sold will be appraised and sold only at or above the appraised values. If in other than log form, forest products must only be offered for sale at 10 percent or more of their pond value or wholesale selling value (refer to 43 CFR 5420 BLM MANUAL SUPPLEMENT Oregon State Office Supersedes Rel. 5-251 (06/17/16)

Rel. 5-251 12/01/16

3 H-5400-1 - SALES OF FOREST PRODUCTS – (Public)

and BLM Manual Section 9350). This includes appraisal of forest products for disposal in timber sale contracts, which will be guided by appraisal direction in this handbook and in H-5420-1, PREPARATION FOR SALE. All advertised and non-advertised forest product sale contracts require a fair market value appraisal (Federal Land Policy and Management Act of 1976, PL 94-579). Forest product appraisals will be based on either the residual value method or comparable sales method (see glossary for definitions of the two methods). F. Contract Forms. All forest product sales will be executed on contract forms approved by the Director, BLM. These forms are listed in illustration 1 along with information on forest product applicability, volumes and values, and age and citizenship requirements. The basis for age and citizenship requirements is explained in appendix 1 (Opinion, Assistant Regional Solicitor, Portland, Department of the Interior, January 18, 1979). Also, only citizens of the United States, as individuals or partners, corporations, or Limited Liability Partnerships or Corporations (LLP/C) authorized to do business in the state may bid on advertised sales of timber (refer to 43 CFR 5441.1(a)). The need for special provisions for each forest product sale contract will be carefully evaluated and only those special provisions that are clearly necessary (i.e., that enable the legal removal of timber) should be included (refer to appendix 2 of H-54201, PREPARATION FOR SALE, for policy that defines acceptable requirements for inclusion in a contract). All provisions of the contract will be strictly enforced. Only the use of special provisions included in H-5420-1 is permitted for incorporation into a contract using forms 54503, 5450-4, 5450-25, and 5450-26 (see the BLM online forms library) unless otherwise approved by the State Director for use. G. Contract Term. Contract periods should allow a reasonable, yet not excessive, amount of time for removal of the products. By regulation, the maximum allowable term when using any sale contract form (see F, above) is 36 months. H. Reforestation of Sale Areas. All areas from which forest products are sold must be evaluated to determine if adequate stocking exists to achieve land use plan objectives following harvest. Artificial reforestation will be planned where adequate stocking does not exist and natural regeneration is not expected to achieve that objective within five years following harvest. I. Full Utilization. Each forest product sale will be designed to provide opportunity for maximum recovery of the product sold (subject to legal requirements and land use plan direction), including utilization of woody biomass in the proposed sale area if economically feasible and ecologically appropriate. The value of timber may not be used to subsidize the removal of other lower-valued forest products (for example, biomass) unless its removal is a lower-cost method of achieving the necessary site preparation or fuels reduction. Forest products may be reserved from harvest if necessary for compliance with the applicable land use plan or legal mandate. J. Protection of Forest Values. Silvicultural practices and harvest systems must be consistent with the applicable land use plan and will be prescribed to minimize damage to reserve trees and other forest products; and provide appropriate mitigation and protection to reduce future effects from fire, insects, disease, wind, and other hazards. BLM MANUAL SUPPLEMENT Oregon State Office Supersedes Rel. 5-251 (06/17/16)

Rel. 5-251 12/01/16

Form 1221-2 (June 1969)

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

OREGON STATE OFFICE

MANUAL TRANSMITTAL SHEET

Release

5-252 Date

12/01/2016

Subject

Oregon State Office Forest Product Sale Procedure Handbook H-5410-1

1.

Explanation of Materials Transmitted: Subsequent to the issue of the Oregon Forest Product Sale Procedure Handbook (FPSPH) in June 2016, the Washington office issued new Stewardship Contracting Policy. Minor edits were needed to the FPSPH to ensure compliance with these new policies.

2. 3.

Reports Required: None

4.

Materials Superseded: Page 3 of H-5410-1 Release 5-252 (06/17/16).

5.

Filing Instructions: File as directed below. Remove page 3 and replace with the attached page.

Remove Page 3, Release 5-252 (06/17/16) (Total: 1 sheet)

Insert

Page 3, Release 5-252

(12/01/16)

(Total: 1 sheet)

Signed by Cathy L. Harris Assoc. Deputy State Director for Resource Planning, Use & Protection

3 H-5410-1

– ANNUAL FOREST PRODUCT SALE PLAN – (Public)

1. Public Review. The State Director determines the extent, as well as the necessity, for notifying the public and inviting general public review of proposed forest product sale plans. 2. Publication Process. After completion of the public review processes, if required, the plan is submitted to the State Director for approval. Upon approval, the plan is published in final form. The plan will be posted on the district Internet site and distributed to interested parties; an appropriate news release will be sent to local news media as directed by the State Director. F. Statewide Plan. Approved district plans are consolidated into a statewide annual forest product sale plan. Statewide plans are supplied to interested individuals and groups at the discretion of the State Director, and to the Director as specified in annual work plan directives. III. TRACT SELECTION AND PLAN PREPARATION. Selection of tracts in the formulation of long-range sale plans and short-range (typically annual) sale plans, will address the factors described in this section, if applicable. Effective long-range and short-range planning readily culminates in the development of an annual sale plan that will produce the intended projects in the intended year. A. Evaluation of Proposed Sale Tracts. In addition to the factors identified in section II, district personnel must consider the following in selection of individual tracts and the entire package of tracts to be included in the annual forest product sale plan. 1.

Long-Range Plan Development Factors. a. Forest management activity plans, including the five-year forest product or timber sale plans, and fuels projects. b. Land use plan recommendations or decisions as available, or other land use planning guides and multiple-use restrictions (e.g., watershed analysis, air quality plans, habitat management plans). c.

Transportation plan.

d. Access and property line establishment needs, and initiation of work prior to development of short-range plans. e. Survey (Special Status Species for example) and clearance (such as cultural resources) needs, and initiation of work prior to development of short-range plans. f. Any necessary “over planning” of project acres (to address acres deleted from the project area during planning) to ensure achievement of performance targets. g. 2.

Court-imposed restrictions.

Short-Range Plan Development Factors. a.

Forest management activity plans, as available.

BLM MANUAL SUPPLEMENT Oregon State Office Supersedes Rel. 5-252 (06/17/16)

Rel. 5-252 12/01/16

Form 1221-2 (June 1969)

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

OREGON STATE OFFICE

MANUAL TRANSMITTAL SHEET

Release

5-253 Date

12/01/2016

Subject

Oregon State Office Forest Product Sale Procedure Handbook H-5420-1

1.

Explanation of Materials Transmitted: Subsequent to the issue of the Oregon Forest Product Sale Procedure Handbook (FPSPH) in June 2016, the Washington office issued new Stewardship Contracting Policy. Minor edits were needed to the FPSPH to ensure compliance with these new policies.

2.

Reports Required: None

3.

Materials Superseded: Pages 19, 30, 34 of H-5420-1, Release 5-253 (06/17/16).

4.

Filing Instructions: File as directed below. Remove pages 19, 30, 34 and replace with the attached pages.

Remove Page 19, Release 5-253 (06/17/16)

Insert

Page 19, Release 5-253

(12/01/16)

Page 30, Release 5-253 (06/17/16)

Page 30, Release 5-253

(12/01/16)

Page 34, Release 5-253 (06/17/16) (Total: 3 sheets)

Page 34, Release 5-253

(12/01/16)

(Total: 3 sheets)

Signed by Cathy L. Harris Assoc. Deputy State Director for Resource Planning, Use & Protection

19 H-5420-1 – PREPARATION FOR SALE – (Public)

Lump sum sales are the required “default” method of selling timber (refer to 43 CFR 5422.1). With State Director approval, scale for payment sales may be considered if all of the following factors exist: (a) a timber disaster has occurred; (b) a critical resource loss is imminent; and (c) tree cruise measurement practices are inadequate to permit orderly disposal of the damaged timber. In addition, the State Director may approve scale sales for certain density management timber sales when the quadratic mean diameter of the trees to be cut and removed is equal to or less than 20 inches (refer to 43 CFR 5422.2 and OSO Delegation of Authority 1203 manual supplement). “Density management” is a broad term that includes differing forms of partial cutting, such as commercial thinning.

All timber measurement will be conducted in accordance with the Oregon Manual Supplement H-5310-1, Timber Cruising Handbook. Refer to the direction in Oregon Manual Supplement H-5400-2, Special Forest Products Procedures Series Handbook, for guidance on measurement of other forest products. In addition, Manual Section 5300, Timber Measurement, conveys specific responsibilities for the Oregon State Director as it relates to the sale of timber in California. These responsibilities include: (1) the development and design of new timber measurement methods and procedures; and (2) coordination of timber cruise and log scale electronic data processing. All district managers are responsible for issuing a formal delegation of authority on their district designating Certified Cruiser/Appraisers and/or Approved Cruisers. See illustration 6 for a sample delegation memorandum. The various cruise and scale methods approved for timber management that are needed for preparation of all contracts that require the removal of timber are explained in H-5310, Timber Cruising Handbook. A. Maximum Allowable Combined Sampling Error. A sampling error must be computed for all sample cruises, including those for lump sum and scale sale volume estimates. See the H-5310 handbook for the maximum allowable combined sampling error standards. B. Volume Rounding Rules. All BLM cruise or scale volume of individual species will be rounded and displayed in thousand board foot (MBF). Refer to H-5310-1, Timber Cruising Handbook, for volume rounding procedures. C. Administrative Log Scale Check. Cruise (lump sum) sale volumes may be administratively checked by BLM certified log scalers or third-party scalers under contract to BLM. This may include all or a portion of the volume if the appropriate administrative check scale provision is included in the sale contract. All administrative check scale will use the 100 percent scale method. D. Protest of Advertised Estimated Contract Volume. If a prospective bidder protests the estimated volume of an advertised timber sale contract, the Authorized Officer must determine the kind and extent of cruise evaluation needed to respond to the protest. Upon request of the

BLM MANUAL SUPPLEMENT Oregon State Office Supersedes Rel. 5-523 (06/17/16)

Rel. 5-253 12/01/16

30 H-5420-1 – PREPARATION FOR SALE – (Public)

d. The individual issuing the permit must fully explain the conditions contained within the permit, especially the requirement for them to complete the Product Quantity Removal Record whenever they are transporting the product(s) harvested under the permit. e. Unless unusual circumstances exist, load tickets are to be issued with the permit, and their numbers are to be input onto the permit form. 2. Service First Issuance. The BLM and USFS formed a partnership to develop a single permit form for use by either agency to sell special forest products. Refer to appendix 10, BLM/U.S. Forest Service Interagency Memorandum – August 4, 2003, BLM/U.S. Forest Service, for more direction. Refer to appendix 11, BLM/U.S. Forest Service Interagency Agreement Template, to access the template for BLM/USFS Service First agreements for using form 5450-24. H. Stewardship Contracting. Stewardship “End Results” Contracting is another tool to implement forest management projects. Stewardship authority allows the value of the byproducts of vegetative treatments (e.g., sawlogs or biomass) to offset the cost of services performed (for example, thinning). This may be ideal when a planned treatment would produce insufficient timber value to support an economically viable timber sale contract, but is still an ecologically desirable treatment. See the Stewardship Contracting Manual, MS-5920, http://www.blm.gov/ style/medialib/blm/wo/Information_Resources_Management/policy/ blm_manual.Par.46104.File.dat/MS%205920,%20Stewardship.pdf I. Contract File Organization. The official contract files will be arranged in an orderly manner and will include all documents and correspondence pertaining to the development and administration of the subject contract. The following discussion presents good, workable arrangements for the required contract file organization. At no time should the official contract files contain documentation that is not clipped or stapled into the file, or held by a three-ring binder. Loose documents, such as cruise notes, can be placed in an envelope and affixed into the file. 1. Advertised Sales Using Contract Forms 5450-3/25 and 5450-4/26. The bulk of information pertaining to an advertised sale, particularly timber sales, necessitates that all information be maintained in a systematic and orderly fashion. This may be done using a six-way folder or other type of notebook or binder for filing purposes. The following file organization is required for all advertised sales using forms 5450-3/25 and 5450-4/26 (for these and other forms named in this section, see the BLM online forms library). All items will be arraigned from bottom to top. a.

Side 1. ¨

Contract Preparation and Review Checklist.

¨

Logging and Operations Plan.

¨

Fire Prevention and Fire Control Plan.

BLM MANUAL SUPPLEMENT Oregon State Office Supersedes Rel. 5-253 (06/17/16)

Rel. 5-253 12/01/16

34 H-5420-1 – PREPARATION FOR SALE – (Public)

25 contracts each. After a sale is made and contract filled out and signed, the field office or district copy of the contract should be detached from the booklet and filed chronologically in a standard folder. Numerical copies must be retained in the booklet, including copies of any voided contracts. Used booklets are also filed temporarily. 4. Stewardship Forest Product Sale (FPS) Contracts Using Forms 5920-3, and 5920-4. Stewardship FPS contracts will use the Stewardship FPS contract forms 5920-3 and 5920-4. See Stewardship Manual MS-5920, http://www.blm.gov/style/medialib/blm/wo/ Information_Resources_Management/policy/blm_manual.Par.46104.File.dat/MS%205920,% 20Stewardship.pdf J. Contract Numbering Procedure. Use of the uniform system of contract numbering using a 15-character alphanumeric code is mandatory. This system is applicable to forest product sale contracts executed on forms 5450-1, 5450-3/25, and 5450-4/26 (see the BLM online forms library). The numeric code will be used to identify contracts in the Timber Sale Information System and the Collections and Billing System as follows. Timber Sale contracts will use the following timber sale number format: Where: AAA99 – TS – YYYY.NNNN AAA99 = Cost Center TS = refers to timber sale YYYY = fiscal year offered NNNN = Office timber sale number Use VG in place of TS if sale is for vegetative resources (form 5450-1) For example, a timber sale in the Eugene, Oregon, District offered in FY 2012 numbered 134 would have the contract number ORE00-TS2012-0134. Use of the field office cost center in the contract number is optional. Reoffered no-bid contracts will retain the contract number of the original offer date. K. Contract Filing and Records Retention. All forest product sales contracts must be filed in the district central files, or field office central files for detached resource areas (see BLM Manual 1270 Records Administration for more information). Record retention policies apply to forest product sale files (records). At no time should District contract folders be kept in personal areas or files. Duplicate copies of the District contract file should be used by the Authorized Officer(s) and other staff for the purpose of administering contract activities. The high number of documents required in a complex contract may make it impossible to contain all documentation in a single six-way folder. The practice of using a separate file for the EA or EIS and supporting documentation has been used. In this case, the files should be given the same labels, with “File No. 1” on the primary file label and “File No. 2” on the NEPA documentation file label. BLM MANUAL SUPPLEMENT Oregon State Office Supersedes Rel. 5-253 (06/17/16)

Rel. 5-253 12/01/16

Form 1221-2 (June 1969)

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

OREGON STATE OFFICE

MANUAL TRANSMITTAL SHEET

Release

5-254 Date

12/01/2016

Subject

Oregon State Office Forest Product Sale Procedure Handbook H-5430-1

1.

Explanation of Materials Transmitted: Subsequent to the issue of the Oregon Forest Product Sale Procedure Handbook (FPSPH) in June 2016, the Washington office issued new Stewardship Contracting Policy. Minor edits were needed to the FPSPH to ensure compliance with these new policies.

2.

Reports Required: None

3.

Materials Superseded: Page 2, H-5430-1 Release 5-254 (06/17/16).

4.

Filing Instructions: File as directed below. Remove page 2 and replace with the attached page.

Remove Page 2 Release 5-254 (06/17/16) (Total: 1 sheet)

Insert

Page 2 Release 5-254

(12/01/16)

(Total: 1 sheet)

Signed by Cathy L. Harris Assoc. Deputy State Director for Resource Planning, Use & Protection

2 H-5430-1 – ADVERTISEMENT – (Public)

3

State Director

Reviews the contract. When authorized, advises District Manager and returns the contract with instructions to proceed. If State Director does not authorize, the contract will be returned to the District Manager for revision.

4

District Manager

Forwards authorized contract to Field Manager with instructions to proceed.

5

Field Manager

Orders newspaper advertisement for the sale of the tract.

D. Sales of Other Vegetative Resources. The Authorized Manager, by surname, approves the contract for advertising, orders newspaper advertisement if necessitated by public interest (refer to H-5400-1, SALES OF FOREST PRODUCTS), and directs preparation of the sale notice. III. LEGAL ADVERTISING REQUIREMENTS. The regulations set forth in 43 CFR 5430 require the advertisement of competitive sales of forest products. This is accomplished through paid legal advertisements in a general circulation newspaper in the area in which the forest products are located. Publication of this newspaper advertisement is not to be confused with the requirement to send a sale notice to each addressee on the district forest product sale mailing list as described in section IV.D. A single advertisement will suffice for multiple tracts to be offered on the same sale date presuming individual tract-specific information is included. The regulations at 43 CFR 5003.2 require publication of a notice of decision to conduct an advertised timber sale in a newspaper of general circulation in the area where the lands affected by the decision are located. This notice of decision is combined with the aforementioned advertisement of competitive sale into a single advertisement (legal ad). The notice of decision publication establishes the effective date of the decision for purposes of available administrative remedy for the public. If required by public interest, notices of decision must also be published for advertised sales of other vegetative resources and negotiated sales of any forest products. This may apply to projects categorically excluded from the National Environmental Policy Act (NEPA). Advertising requirements are discussed in the following section. A. Content of Advertisement. 1. General Requirements. The advertisement will state the location of the contract area by county, section, township, range, and meridian; estimated total quantity, unit of measure, type of contract (lump sum or scale), and total appraised value of each contract to be offered; time, place, and method of bidding (sealed bid auction or oral auction); minimum bid deposit required; a description of where additional information can be obtained; and such other information as the Authorized Manager may deem necessary. If the sale involves salvage timber also see Forest Products Sales Procedures Handbook H-5470-1, CONTRACT MODIFICATION – EXTENSION – ASSIGNMENT, section B for information related salvage extension credits. a. Timber Data. Use form OR-5420-1, Timber Sale Summary (see illustration 1), and form OR-5420-1a, Stumpage Computation (see illustration 2), or an adaptation of such BLM MANUAL SUPPLEMENT Oregon State Office Supersedes Rel. 5-254 (06/17/16)

Rel. 5-254 12/01/16

Form 1221-2 (June 1969)

UNITED STATES

DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

OREGON STATE OFFICE

MANUAL TRANSMITTAL SHEET

Release

5-256 Date

12/01/2016

Subject

Oregon/Washington Forest Product Sale Procedure Handbook H-5450-1

1.

Explanation of Materials Transmitted: The Oregon/Washington Forest Product Sale Procedure Handbook Series was updated in June 2016. Subsequent to that update new Stewardship contracting policy was issued by the Washington Office. The attached revised pages correct inconsistencies with the new WO policy. Attached is a revised Handbook Section H-5450-1.

2.

Reports Required: None

3.

Materials Superseded: Table of Contents v and Page 9 of H-5450-1 Release 5-256 (06/17/16).

4.

Filing Instructions: File as directed below. Delete page Table of Contents v and Page 9 of Oregon/Washington Timber Sale Procedure Handbook Series H-5450-1 release 5-256 (06/17/16) and replace with new pages as follows: Remove Release 5-256 Table of Contents v (06/17/16)

Insert

Release 5-256

Table of Contents v

(12/01/16)

Release 5-256 Page 9 (06/17/16) (Total: 2 sheets)

Release 5-256 Page 9

(12/01/16)

(Total: 2 sheets)

Signed by Cathy L. Harris Assoc. Deputy State Director for Resource Planning, Use & Protection

Table of Contents-v H-5450-1 – AWARD OF CONTRACT – (Public)

Table of Contents

Table of Contents............................................................................................................................ v

I. Introduction.............................................................................................................................. 1

II. Award of Contracts - General.................................................................................................. 1

A. Administrative Remedy.................................................................................................... 1

1. Full Force and Effect................................................................................................. 1

2. Administrative Review – Appeal Process ................................................................. 2

a. Appeal Period..................................................................................................... 2

b. Transmittal Notice to the IBLA ......................................................................... 3

c. Case File............................................................................................................. 3

d. Response to Appellant’s Request for Stay ......................................................... 3

e. Response to Appellant’s Statement of Reasons ................................................. 4

f. Status Updates to the IBLA................................................................................ 5

g. IBLA Rulings ..................................................................................................... 5

3. Roles and Responsibilities ........................................................................................ 5

a. District Office..................................................................................................... 6

b. State Office......................................................................................................... 6

c. Office of the Regional Solicitor ......................................................................... 6

B. Delayed Award ................................................................................................................. 6

1. Uniform Commercial Code ....................................................................................... 7

2. General Information .................................................................................................. 7

3. High Bidder Notification........................................................................................... 8

C. Qualifications to Purchase ................................................................................................ 8

1. Purchaser Qualifications ........................................................................................... 8

2. Additional Information.............................................................................................. 8

D. Advertised Sales ............................................................................................................... 8

E. Non-advertised (Negotiated) Sales................................................................................... 9

F. Award of Stewardship Forest Product Sale Contract ...................................................... 9

G. Formation of a Contract.................................................................................................... 9

H. Rejection of All Bids on Sold but Unawarded Contracts............................................... 10

III. Pre-award Qualifications ....................................................................................................... 10

A. Determining Pre-award Qualifications of High Bidders and Prospective Purchasers ... 10

1. Qualifying Actions and Request for Qualifying Information ................................. 11

a. Operator Rating................................................................................................ 11

b. Financial Statement.......................................................................................... 12

c. Evaluation of Prior Performance...................................................................... 13

d. SBA Certificate of Competency Program........................................................ 13

e. Unsettled Trespass ........................................................................................... 14

2. Qualifying Documents Relating to Independent Bidding and Log Export Restrictions

14

BLM MANUAL SUPPLEMENT Oregon State Office Supersedes Rel. 5-256 (06/17/16)

Rel. 5-256

12/01/16

9 H-5450-1 – AWARD OF CONTRACT – (Public)

contract together with the required performance bond and any required payment within the specified time, the Contracting Officer sends notification by certified mail to the high bidder that any right or interest of the high bidder in and to the particular contract is revoked. The contract may then be offered and awarded for the amount of the high bid to the next highest bidder who is qualified and responsible (see section III.C) and will accept the contract at the high bid price. If there are no other qualified bidders for the contract or if no other qualified bidders will accept the contract at the high bid price, the Contracting Officer should reappraise and reoffer the contract for sale at a later date. E. Non-advertised (Negotiated) Sales. Prospective purchasers of non-advertised sales must meet the same qualifications to purchase as set forth herein for advertised sales. F. Award of Stewardship Forest Product Sale Contracts. Stewardship Forest Product Sale (Stewardship FPS) contracts are not timber sales and therefore must not be advertised for sale under the Timber Sale Regulations at 43 CFR 5400. See BLM Stewardship Contracting Manual MS-5920 for advertising procedures for Stewardship FPS contracts at: http://www.blm.gov/style/medialib/ blm/wo/Information_Resources_Management/policy/blm_manual.Par.46104.File.dat/MS%205920,% 20Stewardship.pdf.

G. Formation of a Contract. Generically, under contract law, a contract is formed when there is an offer and an acceptance. There are three cycles of offer and acceptance in BLM’s contract formation process for an advertised sale of forest products. 1. Advertisement: The first cycle is initiated when the Bureau publishes a newspaper advertisement that specifies a time and location where forest products will be offered for sale, the price at which they will be offered, and the expected contract terms to be associated with their purchase. The first acceptance is when a potential bidder submits a qualifying bid. A qualifying bid may be submitted at any time after publication of the advertisement up to and including the opening of an auction when qualifying bids are called for. If the qualifying bid is submitted after publication of the newspaper advertisement, but prior to the formal call for qualifying bids, it is called an “advance written bid” (see H-5440-1, CONDUCT OF SALES, section II.2.a). When a qualifying bid is received, a contract is formed between the BLM and the bidder; if the Bureau elects to conduct a sale/auction for the advertised forest products at the advertised time and location, they will consider all qualifying bids from qualified bidders.

BLM MANUAL SUPPLEMENT Oregon State Office Supersedes Rel. 5-256 (06/17/16)

Rel. 5-256 12/01/16

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Forest Product Sale Procedure Handbook Series updates

United States Department of the Interior BUREAU OF LAND MANAGEMENT Oregon State Office P.O. Box 2965 Portland, Oregon 97208 http://blm.gov/or DE...

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