**D.1 SCOPE OF AGREEMENT**

The intent of this solicitation and any resultant Agreement is to obtain
the services of water handling equipment for use on a local, Regional
and Nation-wide basis. The Contractor is responsible for all equipment,
materials, supplies, transportation, lodging, trained/certified
personnel, and supervision and management of those personnel, necessary
to meet or exceed the Agreement specifications. The equipment may be
used in the protection of lands, to include but not be limited to,
severity, initial attack, fire suppression, and all-hazard incidents
needing the use of personnel trained in the Incident Command System
(ICS).

To avoid duplication and insure coordination among agencies, only one
pre-season agreement shall be initiated with each contractor for the
same piece or type of equipment. This agreement is for Contractors
equipment that is physically located within the Great Basin Geographical
Area. These areas consist primarily of the following locations: Utah,
Idaho (South of the Salmon River), Arizona (Arizona Strip District),
Wyoming, (Bridger-Teton National Forest and River), Nevada and the part
of the Humboldt-Toiyabe National Forest in California, and the portion
of Lake Mead National Recreation Area in Arizona and communities
adjacent thereto. Contractors equipment located outside this
Geographical Area should sign up in the applicable area. Nationwide
dispatch can occur from this agreement.

**D.2 EQUIPMENT**

D.2.1 Equipment (vehicle, tank, pump, accessories and equipment
complement) shall meet all standards established by specification or
incorporated by reference and shall be maintained in good repair by the
Contractor.

D.2.1.1 Vehicles that have emergency lights may not use them when
performing work under this Agreement unless directed in writing by the
Incident Commander to do so. In addition to those requirements found in
the Exhibits, the following requirements are necessary:

D.2.1.2 All vehicles shall be in sound mechanical condition with
sufficient horsepower and mainframe configurations to ensure successful
performance on roads and highways, or in terrain described in the
General Clauses to Agreement Form OF-294, Exhibit A. All Engines and
Tenders under this Agreement shall be able to be legally driven on
highways under their own power and be able to travel at a minimum of 50
miles an hour.

[]{.mark}

D.2.1.3 All type 6 engines shall have operational 4-wheel/or multiple
axle drive capability. Type 3, 4, and 5 engines, 4-wheel/or multiple
axle drive capability is optional.

D.2.1.4 Tires shall have loading rating in accordance with the vehicle
Gross Vehicle Weight Ratings (GVWR). All tires on the vehicles, which
including the spare tire, if required, shall have sound sidewalls, body
and tire tread depth of a minimum of 2/32 for rear tires and 4/32 for
steering axle tires. All wheel drive vehicles shall have all season or
mud and snow tire tread on all wheels.

D.2.1.5 All engines shall have a full size spare tire with minimum of
4/32 tread and wheel securely (mounted to the vehicle). The spare tire
shall be easily accessible.

D.2.1.6 All water handling equipment shall have:

> a\. A fire extinguisher, multi-purpose 10BC that is securely mounted
> to the vehicle and accessible by the operator. The fire extinguisher
> shall have a current annual inspection tag and the annual maintenance
> tag in regards to a 6 year annual inspection and every 12 years
> regarding a hydro test on all dry powder, metal fire extinguishers.
>
> b\. An audible reverse warning device (backup alarm) of 89 db or
> greater when the transmission is put into reverse. The warning device
> shall face to the rear. No other switches to activate the alarm shall
> be allowed.
>
> c\. In addition to these requirements, engines and tenders shall meet
> all State Motor Vehicle Requirements and shall have:
>
> i\. Reflectors, triangles, bi-directional, one set of 3.
>
> ii\. Two wheel chocks (NFPA 1906, most current edition)

D.2.1.7 No engine or water tender shall exceed the manufacturer\'s GVWR
or Gross Axle Weight Rating (GAWR) per axle when the vehicle is fully
loaded and equipped. The vehicle GVWR plate should be on the driver\'s
side doorpost, driver\'s door, or in the glove compartment. If missing
or illegible, the Contractor shall provide a GVWR certificate from
manufacturer stating front, rear and total GVWR at the pre-season and
incident inspections. Only a written verifiable GVWR from the
manufacturer or final stage manufacturer will be accepted. Vehicles
without GVWR and GAWR ratings will be rejected at the pre-award
inspection and will have to reschedule another regular inspection time
and/or location when certification is acquired.

Water tender tanks which exceed the GVWR or GAWR of the vehicle when
full shall have a physical overflow device (valve, plug, or permanent
tank modification) which limits the amount of water that can be
contained in the tank to meet the manufacturer's GVWR and GAWR
(temporary fillers or spacers not allowed). Tank capacity shall be
permanently modified to meet manufacturer's GVWR and GAWR and overflow
devices shall not be allowed after January 1, 2010. NFPA 1906 Baffling
Standards will be REQUIRED by 2008.

All water tenders shall have a 4" gravity dump valve located on the rear
of the tank capable of dumping 90 % of the tanks contents into a
standard folding tank. The valve shall be plumbed to allow the flow of
water over any rear bumper protection into the folding tank.

D.2.1.8 Engines shall have chainsaws with a minimum of 18 inch guide bar
and a 3.0 cubic inch size motor. A chainsaw kit is also required and
shall have the following items: Chainsaw protective wrap around leg
chaps that meet the current industry standards approved by OSHA, extra
chain, wrench, chain file, felling axe, felling wedge, and an OSHA
approved fuel container for holding chainsaw engine fuel oil mixture and
guide bar oil. The chainsaw may be used for mop-up operations, the
clearing of access routes and emergency escape routes. The engine crew
shall not perform as tree fallers. Operator must have S-212 training.

D.2.1.9 The tank shall be attached to chassis frame or to a structurally
sound flat bed in such a way to withstand pitch, roll and yaw of the
load during on and off road operation of the unit without damaging the
tank or other chassis components.

D.2.1.10 Engines shall be equipped with a single rapid shutoff valve
that permits the attachment of a 1-1/2 inch hose.

D.2.1.11 The Engine shall be equipped with a live reel with a minimum of
100 feet of non-collapsible (booster) hose with combination nozzle. Hose
shall be connected to the water supply. The hose shall not be less than
(3/4) inch INSIDE diameter. The 100 feet of hose specified here is in
addition to the hose specified in the NWCG Fireline Handbook (Jan 1998)
under "Component".\"

D.2.1.12 Baffling. The water tanks shall be equipped with a secure lid
and partitions that reduce the shifting of the water load. Free Floating
Baffle System - For poly tanks, baffles which reduce the shifting of the
water load AND do not compromise the structural integrity of the
originally manufactured tank are acceptable. Fillers and spacers are not
permitted. All tanks shall comply with the National Fire Protection
Association NFPA 1906 Standard for Wildland Fire Apparatus, 2006
edition, requirements by March 1, 2008.

D.2.1.13 The pump may be an auxiliary powered pump or a power take-off
pump. All pumps shall have an accurate discharge pressure gauge adequate
to measure maximum pump performance. If the pump is of the positive
displacement type, a bypass or pressure relief valve shall be provided.
The pump shall meet minimum capabilities for the type of Contract
Equipment as designated in Exhibit H.

D.2.1.14 The pump, as mounted, shall be capable of drafting water from a
water source located 10 feet vertical distance below the pump head
through the required 20 feet of suction hose, with a screened foot valve
or strainer with a hole size of 3/32" or less. The Contractor may
substitute a portable pump capable of meeting the fill times identified
for that particular type of equipment.

D.2.1.15 All Engines shall have pump and roll capabilities. The vehicle
drive engine and drive train shall be arranged so that the pump can
deliver at least its rated capacity or 20 GPM, whichever is less at a
gauge pressure of 80 psi, while the fire apparatus is moving at 2 mph or
less.

D.2.1.16 Contractor's use of proportioners on the incident will not be
compensated at an additional rate**. The Government will reimburse
contractor for foam agent used by the contractor from supplies available
at the incident.**

D.2.1.17 **Contractors will be required to use credit cards for the
purchase of fuel from the fuel tender at all incidents within the Rocky
Mountain/Great Basin Geographical Areas. This process will replace the
use of Emergency Equipment Fuel & Oil Issue, OF-304. (Rocky
Mountain/Great Basin contractors traveling outside the geographical area
may be required to use the Emergency Equipment Fuel & Oil Issue, OF-304,
in other geographic areas.)**

D.2.2 VEHICLE LICENSING REQUIREMENTS:

For Contractors to accept out-of-state assignments, their offered
vehicles shall be licensed for interstate travel and meet the commercial
interstate vehicle requirements described by Federal Motor Carrier
Safety Regulation (FMCSA) 390.5.

D.2.2.1 All Engines and Tenders offered and used under this Agreement
shall be licensed and legally operable on all roads. All Engines and
Tenders with a Gross Vehicle Weight Rating (GVWR) greater than 10,001
pounds shall have: a) US Department of Transportation (USDOT) number;
and b) annual USDOT certified vehicle inspection; or c) Commercial Motor
Vehicle Safety Alliance Inspection. (49 CFR 396.23)

D.2.2.2 Operators of any motor vehicle having a GVWR of more [than
26,001 pounds]{.underline} shall meet all federal and state Commercial
Driver\'s License (CDL) requirements and other endorsements as required
for the state in which operator is licensed. Operators of any motor
vehicle having a GVWR of more than 10,001 pounds shall have a current
medical card.

Hours of Service **-** All drivers of commercial vehicles must adhere to
Federal Motor Carriers Administration - Hours of Service.

D.2.2.3 Vehicle Identification

Every engine and tender shall have the company's name and unique
identification number affixed to the vehicle (minimum 2" lettering). The
company name and unique ID shall be on each side of the cab.

As required in part 390 of FMCSA, every vehicle with a GVWR greater than
10,000 lbs. shall be marked on both sides of the vehicle with the
following:

> a\. the motor carrier's name or trade name
>
> b\. the motor carrier's identification number preceded by US DOT

D.2.2.4 Prohibited Marking

Federal regulations prohibit the use of official agency shields or
markings on private vehicles or property.

D.2.3 PROGRAMMABLE RADIO: ENGINES AND WATER TENDERS ONLY

Engine Contractors shall have a minimum of two (one shall be a handheld)
and Tender Contractors shall have a minimum of one NIFC approved VHF
(148Mhz-174Mhz) field programmable, wideband / narrowband capable
radios. Contractor shall be capable of programming incident frequencies
into their radios. Modified or Family Radio Service (FRS) radios are
strictly prohibited. The authorized radios may be found at the Wildland
Fire Communications Site:
[http://radios.nifc.gov](http://radios.nifc.gov/).

The Contractor shall comply with all National Telecommunications and
Information Administration (NTIA) rules and regulations when using
Federal Agency frequencies and with all Federal Communications
Commission (FCC) rules and regulations when using State Agency
frequencies. The Contractor shall not use the fire fighting/incident
frequencies for other than fire suppression activities. All Incident,
Federal and State frequencies shall be removed prior to demobilization
from the incident.

**D.3 STAFFING REQUIREMENTS**

All Contractor personnel shall be trained in accordance with NWCG
Wildland Fire Qualifications System Guide PMS 310-1 and qualifications
carded in accordance with Exhibits I.1 and I.2, Training and Positions
Qualifications Requirements, and comply with Exhibit J, Safety
Standards.

Minimum Age for Firefighting Resources. Persons under 18 years of age
shall not perform hazardous or arduous duties during wildland fire
management operations on federal jurisdictions, including execution of
prescribed burns.

D.3.1 ENGINE STAFFING REQUIREMENTS

Training requirements are listed in Exhibit I.

The Contractor shall furnish type 3-6 wildland fire engine(s),
consisting of a crew of three (3) to include:

Number of

Personnel Title Engine Types

  ---------- ------------------------------------------- -----------------
  1 ea       Single Resource Boss Engine (ENGB)          All Types

  2 ea       Firefighter Types 1 or 2 (FFT1 or FFT2)     All Types
  ---------- ------------------------------------------- -----------------

D.3.2 TACTICAL WATER TENDER STAFFING REQUIREMENTS

The Contractor shall furnish wildland tactical water tenders ,
consisting of one (2) persons to include:

Number of

Personnel Title Tender Types

  ---------- ------------------------------------------- -----------------
  1 ea       Tender Operator (WTOP)                      All Types

  1 ea       Engine Module Member (FFT1 or FFT2)         All Types
  ---------- ------------------------------------------- -----------------

D.3.3 ENGLISH SPEAKING REQUIREMENT

Communications between Contractor crew personnel and Government incident
personnel is mandatory for safe and effective performance. Contractor's
representative (i.e. ENGB, or operator) on each piece of equipment shall
be able to proficiently communicate in English, in the language of the
crew, and read and communicate the Incident Action Plan, Safety Alerts,
etc. All radio communication on Government-assigned frequencies shall be
in English.

**D.4 EQUIPMENT RELIABILITY**

The Contractor shall provide dependable equipment that meets all
applicable state and federal laws relating to motor vehicles and
equipment. Refer to General Clauses to Agreement Form OF-294, Exhibit A.

The Government reserves the right to conduct inspections at any time.

**D.5 AVAILABILITY** []{.mark}

The Contractor is responsible for maintaining their current status by
informing their host dispatch center of their availability, or if
available, self-status in the Resource Ordering Status System (ROSS).
When Contract Equipment (CE) is unavailable, the equipment will not be
eligible for dispatch under the Agreement.

**D.6 ORDERING PROTOCOL FOR EQUIPMENT**

This Agreement does not preclude the Government from using any Agency or
Agency Cooperator owned resources before equipment is mobilized under
this Agreement.

The Contractor shall restrict calls to the host dispatch center only.
Dispatchers will not provide information, such as "when or if a
Contractor will be called for an assignment" or "status of other
contractors."

D.6.1 DISPATCH PRIORITY

Each host dispatch center will give dispatch priority to equipment
offering the greatest advantage to the Government for emergency wildland
fire suppression, all-hazard, and severity assignments, **before** all
other private resources not under this Agreement with the following
exceptions:

> a\. For initial attack, dispatchers will follow the "closest forces"
> concept and utilize locally available resources according to agency
> and incident needs. The priority dispatch ranking will not be used
> during initial attack and CE may or may not be used.
>
> b\. Tribal preference policy established within reservation
> jurisdiction.
>
> c\. Government normally will dispatch resources in accordance with
> this protocol; however, the number of fire orders in process and
> actual fire conditions at the time of dispatch may require a deviation
> from normal procedures in order to respond effectively to such
> conditions. Any such deviation will be within the discretion of
> Government, and will not be deemed a violation of any term or
> condition of this Agreement.

[]{.mark}

D.6.1.1 Upon receipt of a resource order by a host dispatch center,
Government Dispatchers will not hold the CE in reserve as a contingency
force in a non pay status when that resource is available.

D.6.2 RANKING OF AWARDED EQUIPMENT ON THE DISPATCH LIST

All equipment on an awarded Agreement will be ranked on the dispatch
list according to the advantages the equipment has to offer. During the
preseason inspection, information on each piece of equipment's
advantages will be collected. Those pieces of equipment receiving an
award will then be moved to the next step of ranking for the dispatch
list.

Equipment will be ordered based on unique ID or VIN number and
contractor cannot deviate from piece of equipment ordered.

Criteria have been developed for each category of equipment to assess
the advantages. Advantages will be given a point value. The total of
each piece of equipment's advantage points are then divided by the price
resulting in a total advantage per dollar. Those pieces of equipment
offering the greatest advantages in relation to price (highest total
advantage per dollar) will be ranked highest on the dispatch list. The
following is a list of the advantages and associated points for each
equipment category. A complete breakdown can be found in Exhibit L.

> **Advantages**
>
> 1\. **ENGINES**

a\. Mechanical Condition 50 possible points

b\. Gallons Hauled 30 possible points

c\. Pump Performance 30 possible points

d\. Age 20 possible points

e\. Foam Application System 10 possible points

f\. Pump Performance 30 possible points

2\. **TACTICAL WATER TENDERS**

a\. Mechanical Condition 50 possible points

b Spray Bar 30 possible points

c\. All Wheel Drive 30 possible points

d\. Suspension 25 possible points

e\. Monitor 20 possible points

f\. Gallons Hauled 20 possible points

g\. Foam Application System 10 possible points

h\. Age 10 possible points

D.6.3 ORDERING PROCEDURES FOR CE

D.6.3.1 Following Agreement award, each host dispatch center will have
an established priority dispatch list showing the equipment located
within their dispatch zone. The Government intends to dispatch CE based
on this priority ranking for other than initial attack.

D.6.3.2 If all CE on the priority list are depleted within the host
dispatch center, orders will be placed utilizing established dispatch
procedures.

D.6.4 INFORMATION REQUIRED WHEN PLACING ORDERS.

D.6.4.1 At the time of acceptance of the assignment, the following
information will be given to the Contractor:

> a\. Resource Order Number.
>
> b\. Incident Order Number and Name of Incident.
>
> c\. Date and time to report to incident.
>
> d\. Descriptive location of the designated site where the Contractor
> shall meet a
>
> Government representative. A map, if available.
>
> e\. Incident contact phone number for further information.
>
> f\. Fire Code/Funding Code

Prior to departing for the incident, the Contractor shall provide to
dispatch complete name of each person dispatched with the CE, and the
ETD and ETA from point of dispatch.

Dispatch offices may use a FAX or email to provide a hard copy of the
resource order to the Contractor.

D.6.5 DISPATCHING PROCEDURES

D.6.5.1 When receiving a dispatch call, the Contractor shall confirm
their availability and ability to meet specified timeframes. If the
Contractor cannot be reached, the dispatcher may proceed with contacting
the next CE on the priority dispatch list. Contractor shall check in at
the assignment at the time agreed upon when dispatched.

D.6.5.2 The Government will estimate the travel time to and from the
incident. Travel time via ground transportation shall be calculated by
dividing distance (from point of hire to incident, or incident to
incident or incident to point of hire) by average travel speed of 45
mph, plus applicable rest time.

D.6.5.3 The Contractor shall provide the resource order information at
the time of check-in at the incident.

D.6.6 EMERGENCY INCIDENT DRIVING

The Contractor shall follow the driving regulations and work/rest
guidelines listed in the Interagency Incident Business Management
Handbook (IIBMH) (FSH 5109.34) The IIBMH can be found on the National
Wildfire Coordinating Group's website using the following link:
http://www.nwcg.gov/pms/pubs/IIBMH2/iibmh.pdf The Contractor is
responsible for complying with all other current Federal, State and
Local driving regulations. See General Clauses to the Agreement Form
OF-294, clause 17, Exhibit A.

D.6.7 LENGTH OF ASSIGNMENTS & CREW CHANGE OUT

To mitigate exceeding length of assignments or work/rest guidelines, and
manage the days of rest, the direction provided in the IIBMH shall be
followed.

Contract personnel/resources shall adhere to current work/rest
guidelines.

> a\. The Government's options consist of:
>
> b\. The Contractor provides replacement personnel. Replacement
> personnel are subject to the work/rest guidelines.
>
> c\. The Government will not pay transportation cost for replacement
> personnel.
>
> d\. Resources may be released after a 14-day assignment.
>
> e\. With the Government's agreement, the Contract resource(s) may
> volunteer to remain at the incident base camp and not be placed on
> shift to allow proper rest. Mandatory days off are not compensable
> when the Contractor is off shift in compliance with the length of
> assignment provisions. See General Clauses to the Agreement Form
> OF-294, clause 7d, Exhibit A.

D.6.8 DEMOBILIZATION

The Incident Commander will determine the priority of demobilization.

D.6.9 RELEASE

At the time of release, the Contractor shall notify the host dispatch
center of their status, and estimated time of arrival back to the point
of hire. Once released to the host dispatch center, the Contractor shall
not accept new resource orders directly, nor seek out reassignments. Any
new orders will originate from the host dispatch center.

**D.7 PROPERTY**

D.7.1 ACCOUNTABLE, DURABLE, AND CONSUMABLE GOODS

D.7.1.1 To ensure continued safe, efficient service at the incident,
Government may loan Accountable Property or Durable Property to the
Contractor for use at the incident. The Contractor shall maintain all
loaned Accountable Property or Durable Property in good condition during
use and shall return all Accountable Property or Durable Property loaned
to the Contractor prior to demobilization to their designated dispatch
point (DDP). Federal Acquisition Regulations prohibit the Government
from exchanging or replacing Accountable Property or Durable Property.
The Contractor may be liable for the loss, damage, or destruction of
government property in accordance with FAR clause, 52.245-5, Government
Furnished Property.

D.7.1.2 Contractor will be charged for Consumable Goods supplied by the
Government and used by CE while Under Hire. The cost of all Consumable
Goods, with the exception of those specifically listed below, shall be
deducted from payment to the Contractor. At the Government\'s
discretion, the Government may provide the following incidental
consumable goods at no cost, if available: one-quart plastic canteens,
plastic sheeting, replacement radio batteries and replacement headlamp
batteries, as required while under hire.

D.7.1.3 Government Furnished Hose and Complements

The Contractor is required to arrive at an incident equipped with hose
as required in Exhibit H. The Government may require that
Contractor-owned hose and complements be left at the incident and the
Contractor equipment be reassigned or demobilized without picking up
that hose and/or complement. In these cases the following procedure
shall be followed:

> a\. When the Government requires the Contractor to leave Contractor-
> owned hose and/or complements on an incident, the Government will
> provide the Contractor with Form AD-107 Report of Transfer of Property
> (or equivalent) to transfer the Contractor's property to the
> Government.
>
> b\. In the case of reassignments, the Contractor shall present the
> form to the supply unit at the incident who will loan the Contractor
> Government-furnished hose and/or complement. This will be done to
> ensure that the Contractor maintains viability (the ability to
> continue operations) at the reassigned incident. At the time of
> demobilization to the Designated Dispatch Point, all
> accountable/durable property shall be returned to the government.
>
> c\. If the CE is being demobilized, no government hose or complement
> is issued. The Contractor may present a signed AD-107 form and a
> receipt for their Contractor-owned hose and complements left during
> performance of the work to the Incident Procurement Unit Leader or
> Contracting Officer. The amount of reimbursement will be negotiated
> and may be paid as an adjustment to the invoice.

**D.8 INFORMATION TO BE PROVIDED BY CONTRACTOR AT CHECK-IN**

D.8.1 MANIFEST (EXHIBIT K)

At the time of arrival, the Contractor shall provide a complete Crew
Manifest and complete complement list to the Status Check-In, listing
the Contractor name, Agreement number, each person\'s complete name, and
departure time from point of dispatch.

When a change in personnel occurs, the Contractor shall provide a new
manifest before the next operational period to the Finance Unit and to
Status Check-in.

D.8.2 AGREEMENT INFORMATION

The Contractor shall carry a minimum of two copies of the complete
Agreement at all times. The Contractor shall furnish a copy of the
complete Agreement to the Finance Unit.

**D.9 LAUNDRY SERVICE**

If the Government provides a laundry service at the incident base camp,
the Contractor may utilize the service at no cost.

**D.10 CAMPSITE**

A campsite may be provided. The Contractor shall provide sleeping
equipment such as tents or shelters, sleeping bags, etc. If the
Government cannot provide a campsite, an overnight allowance may be
authorized. (See D.21.4 Remain Overnight Allowance (RON)).

**D.11 COMMISSARY**

When authorized in writing by the Contractor, the Contractor's employees
shall be permitted to use the commissary when one is available. Refer to
Clause 11, General Clauses to Agreement Form OF-294, Exhibit A.

**D.12 TIMEKEEPING**

Refer to Clause 5, General Clauses to Agreement Form OF-294, Exhibit A.

**D.13 CONTRACTOR'S REPRESENTATIVE**

Unless otherwise designated, the ENGB or Equipment Operator shall be
considered the Contractor's Representative for this Agreement.

**D.14 FIRST AID/EMERGENCY EVACUATION/ACCIDENTS**

D.14.1 The Contractor is financially responsible for medical coverage of
employee accidents and illness. The Government will provide first aid to
employees when needs arise due to work on the incident. In life
threatening situations, first aid will be given and further medical aid
will be charged back to the Contractor. If contractor personnel are
injured on the fireline, the Government, at Contractor expense, may
evacuate the injured person(s). If Contractor personnel become ill or
are injured and require transport to medical facility/hospital, the
costs may be at the Contractor's expense.

D.14.2 Contractor shall provide the Single Resource Boss (engine) or
Equipment Operator with an adequate supply of appropriate insurance
forms, insurance ID card(s), and other necessary documents. Such
documents shall accompany the injured person(s) when a medical need
arises.

**D.15 VEHICLE CLEANING FOR NOXIOUS WEED CONTROL**

The CE shall arrive at the incident or designated inspection point
washed and free of noxious weed seeds. While at the incident, the
Government will normally provide cleaning facilities. If the Government
requires use of commercial facilities, the Government will reimburse the
Contractor for these costs based on written receipts.

D.16 PRE-AWARD INSPECTIONS

Prior to award, the Government will perform inspections of equipment and
personnel qualifications. Should the Contractor's equipment not pass
inspection, one re-inspection will be allowed. Copies of the inspection
reports will be provided to the contractor and contractor will submit to
Contracting Officer for award.. Information on the equipment advantages
collected during the pre-award inspection will be used for the process
of ranking the equipment on the priority dispatch listing. These
inspections are necessary for the Government to determine Agreement
compliance and all associated costs are considered incidental costs to
the Contractor, and will not be paid by the Government. Copies of the
pre-award equipment and personnel qualification inspection forms are in
Exhibits H and I. The Government reserves the right to re-inspect the
equipment at any time.

D.16.1. Equipment Weight. At the time of inspection, engines and
tactical water tenders may be weighed empty and shall be weighed fully
loaded and fully equipped without personnel and their gear. Two hundred
and fifty pounds (250 pounds), which includes appropriate gear, shall be
added for each crew person. CE shall not exceed the manufacturer's GVWR
or GAWR when fully loaded and ready for operation: fuel, water,
personnel, and equipment.

WATER TENDERS : Tanks which exceed the GVWR or GAWR of the vehicle when
full shall have a physical overflow device (fillers or spacers not
allowed) which limits the amount of water contained in the tank to meet
the manufacturer's GVWR and GAWR. Vehicles without GVWR and GAWR ratings
will be rejected at the pre-award inspection and will have to reschedule
to another regular inspection time and/or location when certification is
acquired. Tank capacity shall be permanently modified to meet
manufacturer's GVWR and GAWR and overflow devices shall not be allowed
after January 1, 2010. NFPA 1906 Baffling Standards will be REQUIRED by
2008.

D.16.2 The Agency designated inspector may consider an engine or water
tender with a current Commercial Motor Vehicle Safety Alliance (CMVSA)
inspection as passing the mechanical portion of the initial equipment
inspection. This provision does not preclude an agency designated
inspector from performing the complete mechanical portion of the initial
inspection if the inspector determines the complete mechanical
inspection is required to confirm vehicle meets all requirements/
specifications.

D.16.3 Schedules. Pre-award inspection schedules will be made available
to the Contractors after receipt and review of quotes or included in the
solicitation. The Contractor is responsible for ensuring that each CE is
inspected in a timely manner. The Contractor is responsible for any fees
required to pass inspection. The checklists to be used for CE
inspections are shown in Exhibit H. Inspection of equipment and
personnel records may occur concurrently, or be scheduled at different
times. Re-inspections shall be scheduled during regularly scheduled
inspection periods. CE and personnel records may be re-inspected at any
designated inspection location within the Geographic Area.

D.16.4 When submitting personnel training records the Contractor shall
provide:

> a\. Completed Individual Employee Training Verification Forms for each
> firefighter.
>
> b\. Formal training certificates for each required course, including
> annual Fireline Safety Refresher Training (RT-130) training.
>
> c\. Completed performance task books for each position the person is
> qualified to perform.
>
> d\. Documentation which validate experience.
>
> e\. Work Capacity Fitness test record for current year.
>
> f\. A copy of commercial driver's license (CDL) with tank endorsements
> over 26001 lbs and medical card for over 10001 lbs.
>
> g\. Personnel may not be utilized on assignment until documentation is
> submitted and approved.

D.16.5 When submitting equipment for inspection, the Contractor shall
have vehicle fully equipped ready to fight fire and bring the following
documentation:

> a\. Annual Department of Transportation Inspection or CMVSA Reports
>
> b\. Proof of insurance
>
> c\. Current vehicle registration
>
> d\. Manufacturers certification of GVWR and GAWR affixed to the
> vehicle or certification from a Final Stage Manufacturer. A line sheet
> from the Manufacturer with VIN number along with GVWR and GAWR is
> acceptable
>
> e\. Current (within 1 year) certified fully loaded weight receipt by
> axle

**D.17 INCIDENT PRE-USE INSPECTION**

Prior to incident use or anytime the equipment is under hire, the
Government will perform inspections utilizing form OF-296 "Vehicle/Heavy
Equipment Safety Inspection Checklist" to insure compliance with the
Agreement requirements. (See Clause 1, General Clauses to Agreement Form
OF-294, Exhibit A.)

If the resource does not pass inspection at the incident or designated
inspection station, it is considered noncompliant. The Contractor may be
given 24 hours or time frame designated by Government representatives to
bring the resource into compliance. Repeated failures at the pre-use
incident inspection may be grounds for cancellation of the Agreement.

D.17.1 INSPECTION REPORTS. Copies of the incident inspection reports and
related documentation shall be distributed as follows:

> a\. The original copy shall remain with the payment package, to be
> forwarded to the payment center for processing.
>
> b\. A duplicate copy shall remain with the fire documents on Host
> Unit.
>
> c\. A duplicate copy given to the Contractor.
>
> d\. A duplicate copy shall be forwarded to the CO for all
> non-compliant equipment.

**D.18 NONCOMPLIANCE AFTER ACCEPTANCE AT THE INCIDENT**

See Clause 7, General Clauses to Agreement Form OF-294, Exhibit A. If
the CE is released due to noncompliance, documentation shall be
forwarded, by the Incident Management Team to the Contracting Officer.

D.18.1 UNDERSTRENGTH ENGINE CREWS

After acceptance at the incident, the Government may elect to keep a CE
(engine) that falls below three crewmembers. If the resource complement
falls below the agreed upon staffing (as agreed to at the time of
dispatch and documented on the resource order) the CE is noncompliant.
If the Contractor agrees to add additional crew members to bring the CE
up to the Agreement standard of 3 people, compliance shall be met within
24 hours or the time frame designated by Government representatives at
the incident. Travel time to the incident will not be paid for
additional crew members necessary to complete a three-member crew.

If the Contractor is unable to bring engine strength to three people
within 24 hours or time frame designated by Government representatives,
the Government may at its discretion, accept the CE at a reduced rate,
notwithstanding the fact that it is under strength as long as the NWCG
minimum standards are met. (See D.21.1 for payment information)

**D.19 WORKMANSHIP**

All work under this Agreement shall be performed in a safe manner to a
professional standard. The goal of performance under this Agreement is
the suppression of wildland fire and other emergency incident responses.
The Incident Commander may release from an incident assignment any
Contractor employee deemed incompetent, careless, or otherwise
objectionable including violation of Harassment Free Workplace Policy
(Exhibit D). It will be left to the discretion of the Incident Commander
to demobilize an entire resource or to allow replacement of the
noncompliant personnel. Documentation of the rationale for release will
be provided to the CO subsequent to the action. Accordingly, the
Contracting Officer may require, in writing, the Contractor remove from
use under this Agreement, any employee found incompetent, careless, or
otherwise objectionable including violation of Harassment Free Workplace
Policy. The Contracting Officer may require other proof of mitigation.
Misconduct may result in the suspension or cancellation of this
Agreement.

If an employee or crew is terminated, quits, or otherwise is released
from the incident for any reason, the Contractor is responsible for
returning the employee(s) to the point of hire with a departure time
from the Incident Command Post (ICP) no later than 12 hours or time
specified by a government official following such decision. The
Contractor may, at their discretion, provide such transportation, or
request the Incident Management Team (IMT) to arrange for the
transportation with all transportation costs deducted from Contractor\'s
payment. If the Contractor does not act in a timely manner (i.e.,
Contractor\'s employee(s) not departing from the ICP for return to point
of hire within the specified time period), the IMT has authority to
transport said employee or arrange for employee\'s transportation and to
deduct all such transportation costs from Contractor\'s payment.

D.19.1 INCIDENT BEHAVIOR

It is extremely important that inappropriate behavior be recognized and
dealt with promptly. Inappropriate behavior is all forms of harassment
including sexual and racial harassment. **Harassment in any form will
not be tolerated.** Non-prescription unlawful drugs and alcohol are not
permitted at the incident. Possession or use of these substances will
result in the Contractor being released from the incident. During
off-incident periods, personnel are responsible for proper conduct and
maintenance of fitness for duty. Drug or alcohol abuse resulting in
unfitness for duty will normally result in the Contractor being released
from the incident. Sexual harassment is defined as unwelcome sexual
advances, request for sexual favors, and other verbal or physical
conduct of a sexual nature constitute sexual harassment when (1)
submission to such conduct is made either explicitly or implicitly a
term or condition of an individual's employment, (2) submission to or
rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual, or (3) such conduct has
the purpose or effect of unreasonably interfering with an individual's
work performance or creating an intimidating, hostile, or offensive
working environment.

**D.20 PERFORMANCE EVALUATIONS**

The Contractor\'s performance will be documented on the Crew Performance
Rating Form (ICS-224 with numerical crosswalk) (See Exhibit F) which
will be completed at the incident by the government representative
supervising the work. The ICS-224 form with the numerical crosswalk is
the only performance evaluation form that will be accepted by the
Contracting Officer. The evaluator's signature shall be legible or
printed on the form. If the supervising Government representative is
released from the incident prior to the release of the CE, the
government representative shall complete a performance evaluation prior
to demobilization, for work the CE performed under their supervision. A
copy of the evaluation form(s) will be given to the Contractor at the
incident, one forwarded to the CO, and one copy retained in the Host
unit incident file.

The evaluation forms, in addition to other performance information will
be utilized to facilitate the compilation of the Contractor's
performance report for each Agreement year and may be used in past
performance evaluations for future procurements.

**D.21 PAYMENTS FOR FIRE SUPPRESSION, ALL-HAZARD ACTIVITIES, AND
SEVERITY**

Payments will be made in accordance with Clause 6 of the General Clauses
to Agreement Form OF-294 (Exhibit A).

When equipment is ordered for severity assignments, the following
payment will be made:

Table D.21

  -----------------------------------------------------------------------
  **[SEVERITY RATES]{.underline}**

  Severity is paid at 75% of the daily rate for 10 hours or less,
  excluding meal breaks. For greater than 10 hours, including travel
  time, the full daily rate applies.

  If a resource is mobilized to an incident within the 10 hour severity
  period the payment will revert to the full daily rate. If the
  mobilization occurs outside the 10 hour severity period they will be
  released from their severity assignment and the suppression rates will
  be applied under the first and last day language of the Agreement. In
  no case shall the daily rate be exceeded.
  -----------------------------------------------------------------------

Severity assignments are at the discretion of the Contractor to accept
or reject. Rejecting a severity assignment will not effect placement on
the priority list or preclude a Contractor from being offered a
suppression assignment at full daily rate.

Severity assignments often are not associated with a formal incident
base camp or have meals and lodging provided. If a base camp is not
established, RON (see D.21.4) may or may not be authorized and is at the
Government's discretion.

D.21.1. ENGINE CREW DOWNGRADE OR REJECTION

If CE reports to an incident without three members, the CE is
noncompliant and will not be accepted. If a member becomes unable to
work after acceptance at an incident and the incident requests the CE
remain at the incident, the payment will be reduced by \$300 per shift
unless the member unable to work is the Engine Crew Boss (ENGB), at
which time the CE shall be rejected as non-compliant.

D.21.2 BRIEFINGS

The Single Resource Engine Boss (or operator of other water handling
equipment) shall attend operational period briefings. This is included
in the daily rate.

D.21.3 WITHDRAWAL OF CE

See Clause 7, General Clauses to Agreement Form OF-294 Exhibit A

D.21.4 REMAIN OVERNIGHT ALLOWANCE (RON)

This is not applicable to travel to and from the incident (Refer to
Clause 8, General Clauses to Agreement Form of-294, Exhibit A).

When the Government cannot provide a campsite or meals, and if
pre-approved by the user unit and properly receipted and invoiced,
actual lodging expenses incurred by Contractors providing services under
an Agreement whether for severity or incident responses are
reimbursable. Food and drink would be based on maximum CONUS per diem
rates minus MI&E and any Government-provided meals. The maximum
allowable rates, excluding taxes, are referenced in the Continental
United States (CONUS) rates in the Federal Travel Regulations (FTR). The
standard CONUS single occupancy lodging rate is referenced in CONUS.
Double occupancy of hotel rooms may be required. Any associated lodging
taxes are reimbursable as documented on the lodging invoice. If the
resource is allowed to return to it's dispatch location during off-shift
time, RON allowance is not authorized.

The maximum RON that shall be allowed is based on the number of
crewmembers shown on the shift ticket. Payment shall be included as an
addition on the OF-286 Emergency Equipment Use Invoice. Documentation of
authorization shall be included.

D.21.5 FOOD & DRINK

Contractors are required to provide sufficient food & drink to support
the crew while in travel status and the first shift of the incident.
This is not reimbursed by the Government.

Food and drink is normally provided at the incident, if available, at no
charge. (Refer to Clause 8, General Clauses to Agreement Form OF-294,
Exhibit A). Firefighters are encouraged to take sufficient drink with
them to the fireline. (See "Heat Stress" in Exhibit J, Safety
Standards.)

The Government, during demobilization and/or reassignment, may provide
sack lunches to the Contractor personnel without charging the
Contractor.

D.21.6 ORDER CANCELLATION

Order Cancellation/Enroute. If the order is cancelled after the resource
order has been confirmed, and the resource is enroute, the resource is
considered mobilized. Payment will be made by the host unit or dispatch
center in accordance with Clause 6, General Clauses to Agreement Form
OF-294, Exhibit A.

[]{.mark}

D.21.7 COMPRESSED AIR FOAM SYSTEMS (CAFS)

If engine has Compressed Air Foam System (CAFS) capabilities and is
directed by an authorized Government official to be used as such,
payment will be adjusted according to the hourly rates for the system
shown in Exhibit G. Hourly use shall be documented on a shift ticket.
Payment shall be for hours of actual use of the CAF System in addition
to the daily rate for the engine.

D.21.8 PAYMENTS

Each host agency is responsible for their incident payments. The payment
office will be designated in block 9 on the Emergency Equipment -- Use
Invoice, Form OF-286. See Exhibit C for complete agency payment office
information.

D.21.9 INVOICING PROCESS -- FIRE SUPPRESSION, ALL-HAZARD ACTIVITIES, AND
SEVERITY (Refer to Clause 6, General Clauses to Agreement Form OF-294,
Exhibit A).

D.21.9.1 The Single Resource Engine Boss or operator of other water
handling equipment shall have two copies of the Agreement with the
resource order information for the assigned incident.

D.21.9.2 After each operational period worked, the Government will
verify the Contractor's time on an Emergency Equipment Shift Ticket
(OF-297) (Exhibit M). The Government and the Contractor representatives
will sign the OF-297 verifying the hours worked daily. Each crew
member's name and their position shall be listed on the shift ticket.

D.21.9.3 The Finance Unit or designated representative will post the
equipment time to an Emergency Equipment Use Invoice, Optional Form 286
(OF-286).

D.21.9.4 When the CE is released to return to the DDP, the Finance Unit
will close out the Invoice including estimated time for return travel.

D.21.9.5 The incident will submit a payment package including all signed
originals of OF-286, OF-296, OF-297(s), pre and post inspections, and a
copy of the resource order to the designated payment office. The
Contractor will be given a copy of all payment documents at the
incident.

**D.22 CE VEHICLE REPLACEMENT PARTS OR SUBSTITUTION**

The intent of this clause is to provide permanent substitution of CEs,
or repair and/or replacement of auxiliary or peripheral equipment for
CEs, not intermittent rotation of equipment. The Contractor is obligated
to provide the CE offered in the proposal.

D.22.1 Repair and/or Replacement of Auxiliary/Peripheral Equipment

Repair or replacement of auxiliary or peripheral equipment with equal or
better equipment may be done at any time without change to the Agreement
rates or position on the priority dispatch list.

D.22.2 Substitutions of CEs

Proposed CEs for substitution shall be inspected and accepted by
qualified inspectors, and approved in advance of use by the CO. The
Schedule of Services will be changed to reflect approved CE vehicle
identification numbers (VINs). Substituted CE shall be equal or better
equipment with no change in the Agreement rate. The substituted CE will
retain the same position on the priority dispatch list as the one
removed from service.