**GENERAL CLAUSES TO EMERGENCY EQUIPMENT RENTALAGREEMENT FORM OF-294**

Since the equipment needs of the Government and availability of
Contractor\'s equipment during an emergency cannot be determined in
advance, it is mutually agreed that, upon request of the Government, the
Contractor shall furnish the equipment listed herein to the extent the
Contractor is willing and able at the time of order. The following
personnel are authorized to place orders against this agreement,
Dispatchers, Buying Team Members, Finance Section Chiefs, Procurement
Unit Leaders, Contracting Officers and Purchasing Agents. At time of
dispatch, a resource order number will be assigned. The Contractor shall
furnish the assigned resource order number upon arrival and check in at
the incident. The Incident Commander or responsible Government
Representative is authorized to administer the technical aspects of this
agreement. Equipment furnished under this agreement may be operated and
subjected to extreme environmental and/or strenuous operating conditions
which could include but is not limited to unimproved roads, steep,
rocky, hilly terrain, dust, heat, and smoky conditions. As a result, by
entering into this agreement, the contractor agrees that what is
considered wear and tear under this agreement is in excess of what the
equipment is subjected to under normal operations and is reflected in
the rates paid for the equipment. When such equipment is furnished to
the Government, the following clauses shall apply:

**CLAUSE 1**. Condition of Equipment - All equipment furnished under
this agreement shall be in acceptable condition. The Government reserves
the right to reject equipment that is not in safe and operable
condition. The Government may allow the Contractor to correct
deficiencies within 24 hours. No payment for travel to an Incident or
point of inspection, or return to the point of hire, will be made for
equipment that does not pass inspection. No payment will be made for
time that the equipment was not available.

**CLAUSE 2**. The time under hire shall start at the time the equipment
begins traveling to the incident after being ordered by the Government,
and end at the estimated time of arrival back to the point of hire after
being released, except as provided in Clause 7 of these General Clauses.

**CLAUSE 3.** Operating Supplies - As identified in Block 7, operating
supplies include fuel, oil, filters, lube/oil changes. Even though Block
7 may specify that all operating supplies are to be furnished by the
Contractor *(wet)*, the Government may, at its option, elect to furnish
such supplies when necessary to keep the equipment operating. The cost
of such supplies will be determined by the Government and deducted from
payment to the Contractor.

**CLAUSE 4.** Repairs - Repairs to equipment shall be made and paid for
by the Contractor. The Government may, at its option, elect to make such
repairs when necessary to keep the equipment operating. The cost of such
repairs will be determined by the Government and deducted from payment
to the contractor.

**CLAUSE 5.** Timekeeping - Time will be verified and approved by the
Government Agent responsible for ordering and/or directing use of each
piece of equipment. Time will be recorded to the nearest quarter hour
worked for daily/hourly rate, or whole mile for mileage.

**CLAUSE 6.** Payments

a\. Rates of Payments - Rates for equipment hired with Contractor
Furnished operator(s) shall include all operator(s) expenses. Payment
will be at rates specified and, except as provided in Clause 7, shall be
in accordance with the following:

1.  **[Work Rates]{.underline}** *(column 11)* (hourly or mileage) shall
    apply when equipment is under hire as ordered by the Government and
    on shift, including relocation of equipment under its own power.

**ON-SHIFT: Includes time worked, time that equipment is held or
directed to be in a state of readiness, and compensable travel
(equipment traveling under its own power) that has a specific start and
ending time.**

2.  **[Special Rates]{.underline}** *(column 12)* shall apply when
    specified.

3.  **[Guarantee]{.underline}**. For each calendar day that equipment is
    under hire for at least 8 hours, the Government will pay not less
    than the amount shown in column 13. If equipment is under hire for
    less than 8 hours during a calendar day, the amount earned for that
    day will be not less than one-half the amount specified in
    column 13. The guarantee is not applicable to equipment hired under
    the Daily rate. Equipment under transport is time under hire and
    compensated through the Guarantee. If equipment is transported under
    its own power, it is compensated under the Work rate.

4.  **[Daily Rate]{.underline}** *(column 11)* - Payment will be made on
    basis of calendar days (0001 -- 2400). For fractional days at the
    beginning and ending of time under hire, payment will be based on 50
    percent of the Daily Rate for periods less than 8 hours. Under the
    daily rate equipment may be staffed with or without operator.

> ***(a) [Shift Basis (Portion of calendar day)]{.underline}***

1.  ***[Single Shift]{.underline}*** - (SS) is staffed with one operator
    or one crew

2.  ***[Double Shift]{.underline}*** - (DS) is staffed with two
    operators or two crews (one per shift). The DS rate will apply any
    calendar day the DS was under hire, including travel***.*** There
    will be no compensation for a double shift unless a separate
    operator(s) and or crew(s) is/are ordered in writing for the second
    shift.

3.  Agency personnel at the Section Chief Level may, by resource order,
    authorize a second operator or crew (Double Shift), if needed during
    the assignment.

b\. **Method of Payment**. Lump-sum payment will normally be processed
at the end of the emergency assignment. However, partial payment may be
authorized as approved by the incident agency. Payment for each calendar
day will be made for (1) actual units ordered and performed under Work
or Daily, shift basis and/or Special rates or (2) the guarantee earned,
whichever is the greater amount.

**CLAUSE 7.** Exceptions

a\. Daily Rate or Guarantee - No further payment under Clause 6 will
accrue during any period that equipment under hire is not in a safe or
operable condition or when Contractor furnished operator(s) is not
available for the assigned shift or portions of the assigned shift.
Payment will be based on the hours the equipment was operational during
the assigned shift, as documented on the shift ticket versus the
designated shift, as shown on the Incident Action Plan.

b\. If the Contractor withdraws equipment and/or operator(s) prior to
being released by the Government, no further payment under Clause 6
shall accrue and the Contractor shall bear all costs of returning
equipment and/or operator(s) to the point of hire.

c.  After inspection and acceptance for use, equipment and/or furnished
    operator(s) that cannot be replaced or equipment that cannot be
    repaired at the site of work by the Contractor or by the Government
    in accordance with Clause 4, within 24 hours, may be considered as
    being withdrawn by the Contractor in accordance with Paragraph B
    above, except that the Government will bear all costs of returning
    equipment and/or operator(s) to the point of hire as promptly as
    emergency conditions will allow.

d\. No payment will accrue under Clause 6 when the contractor is off
shift in compliance with the mandatory "Work/Rest" and "Length of
Commitment" provisions. As an option to rotating personnel, or taking a
mandatory day off, without pay, the contractor may be released from the
incident.

**CLAUSE 8.** When Government subsistence incident camps are available,
meals and bedding for Contractor\'s operator(s) will be furnished
without charge. Government will furnish meals and lodging without cost
if hotel/restaurant subsistence is the approved camp for incident
personnel. Double occupancy of hotel rooms may be required. Contractors
are not paid per diem or lodging expenses to and from incidents.

**CLAUSE 9.** Loss, Damage, or Destruction -

\(a\) For equipment furnished under this EERA **without** operator, the
Government will assume liability for any loss, damage or destruction of
such equipment, except that no reimbursement will be made for loss,
damage or destruction due to (1) ordinary wear or tear, (2) mechanical
failure, or (3) the fault or negligence of the Contractor or the
Contractor\'s agents or employees or Government employee owned and
operated equipment.

[]{.mark}

\(b\) For equipment furnished under this EERA **with** operator, the
Government shall not be liable for any loss, damage or destruction of
such equipment, except for loss, damage or destruction resulting from
the negligence, or wrongful act(s) of Government employee(s) while
acting within the scope of their employment. The operator is responsible
for operating the equipment within its operating limits and responsible
for safety of the equipment.

**CLAUSE 10.** Contractor\'s Responsibility for Property and Personal
Damages - Except as provided in Clause 9, the Contractor will be
responsible for all damages to property and to persons, including third
parties, that occur as a result of Contractor or Contractor\'s agents or
employee fault or negligence. The term \"third parties\" is construed to
include employees of the Government.

**CLAUSE 11.** Deductions - Unless specifically stated elsewhere in this
agreement the cost of any supplies, materials, or services, including
commissary, provided for the Contractor by the Government will be
deducted from the payment to the Contractor.

**CLAUSE 12.** Personal Protective Clothing and Equipment -- The
Government considers operators as fireline personnel who will use and
wear specified articles of personal protective equipment.

a\. The following mandatory items will be issued by the Government, when
not required to be furnished by the Contractor, to operators performing
within the scope of this agreement:

1\. Clothing: (a) Flame resistant pants and shirts; (b) Gloves *(Either
Nomex or chrome* *tanned leather;* (c) Hard hat; (d) Goggles or safety
glasses.

> 2\. Equipment: (a) Fire shelter; (b) Headlamp; (c) Individual
> First-Aid Kit;
>
> 3\. Other items may be issued by the Government.

b\. 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 furnished protective clothing and equipment not
returned by the Contractor.

**CLAUSE 13.** COMMERCIAL MOTOR VEHICLES: All commercial motor vehicles
must meet all DOT requirements. The regulations can be found at the
following website:

[www.fmcsa.dot.gov](http://www.fmcsa.dot.gov/)

**CLAUSE 14.** CLAIM SETTLEMENT AUTHORITY--For the purpose of settling
claims, the successor contracting officer is any contracting officer
acting within their delegated warrant authority, under the clauses of
this agreement, and limits set by the incident agency.

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**CLAUSE 15.** CHANGES TO EMERGENCY EQUIPMENT RENTAL AGREEMENTS

Changes to Emergency Equipment Rental Agreements (EERA's), OF294 may
only be made by the original signing procurement official. If the
original signing procurement official is not available and adjustments
are deemed appropriate, a new EERA shall be executed at the incident and
shall be applicable **only** for the duration of that incident. The
agreement will include name and location of the incident.

[]{.mark}

**CLAUSE 16.** 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
include a pocket knifes with a blade less than 2 ½ inches in length or a
multi purpose tools such as a leatherman.

[]{.mark}

**CLAUSE 17.** WORK REST and LENGTH OF ASSIGNMENT: The Contractor is
required to follow the work rest guidelines as established by the NWCG.
Refer to website for the guidelines: [www.nwcg.gov]{.underline}

**CLAUSE 18.** HARRASSMENT FREE WORKPLACE - Contractors shall abide by
\"U.S. Code, Title VII, Civil Rights Act of 1964, Executive Order
EO-93-05, Secretary\'s Memorandum 4430-2 Workplace Violence Policy, and
Harassment Free Workplace (29 CFR Part 1614)\". Regulations can be found
at www.gpoaccess.gov/

**CLAUSE 19.** Definitions - The following definitions for Block 8 of
the EERA are added: Information about business size is collected for
tracking purposes only.

a\. SMALL BUSINESS is one that is independently owned and operated and
is not dominate in the field for which it is being signed up, subject to
the following size standards: (1) Motorcar and Truck Rental Without
Operator - average annual receipts for its preceding 3 fiscal years do
not exceed 12.5 million, (2) Equipment Rental With Operator - average
annual receipts for its preceding 3 fiscal years do not exceed 3.5
million.

b\. SMALL DISADVANTAGED OWNED BUSINESS is a small business concern that
is at least 51 percent unconditionally owned by one or more individuals
who are both socially and economically disadvantaged, or a publicly
owned business that has at least 51 percent of its stock unconditionally
owned by one or more socially and economically disadvantaged individuals
and that has its management and daily business controlled by one or more
such individuals.

c.  WOMEN-OWNED SMALL BUSINESS is one that is at least 51 percent owned,
    controlled, and operated by a woman or women.

d.  HUBZone Small Business concern means a small business concern that
    appears on the List of Qualified HUBZone Small Business Concerns
    maintained by the Small Business Administration.

e\. SERVICE DISABLED VETERAN OWNED SMALL BUSINESS ENTERPRISE is a small
business concern\--(i) Not less than 51 percent of which is owned by one
or more service-disabled veterans or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and (ii) The management and daily
business operations of which are controlled by one or more
service-disabled veterans or, in the case of a veteran with permanent
and severe disability, the spouse or permanent caregiver of such
veteran. Service-disabled veteran means a veteran, as defined in 38
U.S.C. 101(2), with a disability that is service-connected, as defined
in 38 U.S.C. 101(16).