Objectives 1. Review and provide understanding of the acquisition process for fires. 2. Review the responsibilities of Logistics Section personnel in administration of EERA’s, Land Use Agreements and other contracts.
Service and Supply Plan • Incident agency establishes • Identified supplies, equipment, and services • Provided to the PROC and buying team leader. (IIBMH, Chapter 20)
Resource Order Supply Unit Leader Dispatch Requisitioning Procedures Buying Team IIBMH, Chapter 20
Sources of Supply(IIBMH, Chapter 20) • National cache system • GSA • NIFC interagency contracts • Open market procurement • Contract crews • Engine and tender contracts • Structural engines • Bus contracts
SAFETY CONCERNS AND CONTRACTING ISSUES • Standards for Survival (Fallers, dozer operators, etc.) • Work Rest Ratio • Language Barriers – Contract Crews • Crew Carriers • Increased size of Contract Workforce • Lack of Government Direction and Oversight (Experience and Leadership) • Fire Taking an Active Role Developing Equipment Needs
Acquisition Methods(IIBMH, Chapter 20) • Purchases by most efficient method • Resource order number on all purchase documents • Original purchase documentation retained by home unit • Copy provided for incident records
EERA’s (Regional and Local) Examples: Dozers, Fallers, Vehicles w/operator, Generators, Laundry, Pack Strings, School Buses and Crew Buses, Carpenters w/tools, copy machines, fax machines, Refrigeration Trucks, Vans, Aircraft, etc. TYPES OF DELIVERY SYSTEMSFORFIRE PROCUREMENT
Interagency Contracts(FS, BLM/Park Service/BIA/ States) National Contracts Region 6 Engine/Tender “FS” Crew Contract “State of Oregon” Aircraft (Tankers & Helicopters) Retardant, Portable Retardant Plants, Catering, Commissary, Showers, Crew, Engines, etc.) TYPES OF DELIVERY SYSTEMSFORFIRE PROCUREMENT
Others BPA’s (Basic Ordering Agreements), Food, Lodging, Grocreies, Hardware, General Supplies, Copy Machines, Fax Machines, Cell Phones, Etc. Credit Cards Checks Purchase Orders (Required for Property Items) TYPES OF DELIVERY SYSTEMSFORFIRE PROCUREMENT
Emergency Equipment Rental Agreement (EERA), OF-294 • Preferred Hiring Methods. (IIBMH, Chapter 20) • Geographic area may establish standard rates. • If no rate, PROC negotiates rates • PROC advises contractor of specific conditions of hire
TERMS AND CONDITIONS OF 294 – EERA • Clause 1. Condition of Equipment – All equipment furnished under this agreement must be in acceptable condition. The Government reserves the right to reject equipment which is not in safe and operative condition. • Clause 8.Exceptions (a). No further payment under the payments clause will accrue during any period that equipment is not in a safe operable condition or when Contractor furnished operator(s) is not available.
TERMS AND CONDITIONS OF 294 – EERA • Clause 13. Personal Protective Equipment – The Government considers operators as fireline personnel who will use and wear specified articles of personal protective equipment. The following mandatory items will be used by the Contractor, to operators performing within the scope of this agreement: (a) Clothing: (1) Flame resistant pants and shirts; (2) Gloves (either nomex or chrome tanned leather, when not furnished by the contractor); (3) Hard Hat; (4) Goggles or safety glasses. (b) Equipment: (1) Fire shelter; (2) Headlamp; (3) Individual First Aid Kit; (4) Other items in addition to these three, may be issued by the Government. Operators shall wear the items of clothing issued and maintain the issued equipment in a usable and readily available condition. Upon completion of the contract assignment, all issued items of clothing or equipment shall be returned to the Government. Deductions will be made for all Government equipment not returned by the Contractor.
EERA Administration(IIBMH, Chapter 20) • The procurement unit records equipment time in accordance with the EERA.
EERADRAFT LANGUAGE (R6) • FIREARM-WEAPON PROHIBITION: The possession of firearms or other dangerous weapon (18 USC 930 (f)(2) are prohibited at all times while on Government Property and during performance of services under this agreement. The term dangerous weapon does not inlcude a pocket knife with a blade less than 2-1/2 inches in length or multi purpose tools (Leatherman type tool or equivalent).
EERADRAFT LANGUAGE • 19. WORK REST and LENGTH OF ASSIGNMENT: • (a) General (1) To maintain safe and productive incident activities, the Contractor shall appropriately manage work and rest periods, assignment duration, and shift length for their personnel. The Contractor shall plan for and ensure that all personnel are provided a minimum 2:1 work to rest ratio (for every 2 hours of work or travel, provide 1 hour of sleep and/or rest). (2) Shifts exceeding 16 hours, including travel time, shall be approved in writing by the Incident Commander, in advance. Mitigation measures shall be employed to achieve compliance with 2:1 work to rest ratio policies • Mobilization / Driver Limitations: When traveling to and from an assignment, a single driver shall not exceed 10 hours driving time in a 15-hour duty day with 8 hours off between shifts. A driver must have 8 consecutive hours off duty after driving. Multiple drivers shall not exceed 15 hours in a 15 hour duty day.
EERADRAFT LANGUAGE • 19. WORK REST and LENGTH OF ASSIGNMENT (cont.): • (c) Initial and Extended Attack • Within the initial 48-hour period, for initial attack and extended attack operations, work and rest periods may vary in length. Full compliance with the 2:1 work to rest ratio must be accomplished. This requires a minimum of 16 hours rest spread over the 48 hours. Any shift in excess of 16 hours requires approval in writing by the Incident Commander, in advance. • (d) Work/Rest (1) The use of the words “work” and “rest” used in this clause are for defining work/rest periods only and not for the purposes of compensation. (2) For the purposes of defining work/ rest in the context of the 2:1 work/rest ratio, work is considered to be any time an individual spends on shift including meal breaks (compensable or non-compensable), and any individual rest breaks less than 1.5 hours in length (3) Rest is considered all time off shift and any individual rest breaks 1.5 hours or longer.
EERADRAFT LANGUAGE • 19. WORK REST and LENGTH OF ASSIGNMENT (cont): • LENGTH OF COMMITMENT Contract personnel/resources shall adhere to current work/rest and days-off policies. Government options consist of: (1) The contractor provides replacement operators(s). Replacement operator is subject to the work/rest and day-off policies. (2) Contract resources may be released after a 14-day incident assignment (3) The Contract resource (s) may be retained under hire and not put on shift to allow proper rest. Compensation will either be at the daily or guarantee rate.
Vehicle/Heavy Equipment Inspection Checklist, OF-296(IIBMH, Chapter 20, Exhibits)
OF-296 small crack dent small scratches
Emergency Equipment Fuel and Oil Issue, OF-304(IIBMH, Chapter 20, Exhibits)
Other Supporting Documents(IIBMH, Chapter 20) • Agency-provided medical care records • Agency-provided repairs, parts, and supply invoices • Claim documentation • Outstanding or poor performance documentation
Contract Claims(IIBMH, Chapter 20) • Contract dispute claims may be settled by a contracting officer acting within their authority, and within limits set by the incident agency. The PROC coordinates with the incident agency for claims settlement processes.
Documentation • Incident personnel with knowledge of a potential contract claim should provide information to the PROC. • Person supervising/managing equipment is responsible for documenting damage and initiating the claim investigation
Investigation Report Should Include: • Description of damage • Law enforcement investigation report, if applicable • List of witnesses and statements • Sketches, maps, diagrams, or photographs of scene or equipment
Filing a Claim • No specific form, but must be in writing • Claimant’s complete name & address • Signature of equipment owner • Claimant’s statement of facts • Itemized list of amount claimed • Witness statements if available
Settlement • The contracting officer reviews the investigation report, contractor claim, and other pertinent documentation. Based on this information, the contracting officer documents their findings and determinations. • The contracting officer presents the determination to the contractor for acceptance and government/agency release from future claims.
Settlement (cont.) • Upon settlement, claim is attached to the Emergency Equipment Use Invoice, OF-286 and forwarded to payment office • If not settled the claim is forwarded to the incident agency. • Payment for actual equipment use shall not be delayed beyond a reasonable period.
Property Management • Incident agency and/or buying team to document incident purchased property to be returned to the incident agency
Purchase versus Rental • We need to acquire property in the most advantageous method. • Purchasing equipment may be a better deal. • Equipment purchased must be returned to the cache.