FOREST SERVICE HANDBOOK NORTHERN REGION (REGION 1) MISSOULA, MT

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5109.34_20
Page 1 of 96
FOREST SERVICE HANDBOOK
NORTHERN REGION (REGION 1)
MISSOULA, MT
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
Supplement No.: 5109.34-2007-11
Effective Date: June 22, 2007
Duration: This supplement is effective until superseded or removed.
Approved: /s/ Kathleen A. McAllister for:
THOMAS L. TIDWELL
Regional Forester
/s/ Thomas C. Corbin
THOMAS C. CORBIN
Chair, NRCG
Date Approved: 06/22/2007
Posting Instructions: Supplements are numbered consecutively by Handbook number and
calendar year. Post by document; remove the entire document and replace it with this
supplement. Retain this transmittal as the first page(s) of this document. The last supplement to
this Handbook was 5109.34-2007-10 to transmittal.
New Document
5109.34_20
96 Pages
Superseded Document(s) by
Issuance Number and
Effective Date
5109.34-2007-4 (05/28/07)
Interim Directive 5109.34-2006-1 (6/29/06)
76 Pages
3 pages
Digest: Digest remains the same as previously issued in Supplement 5109.34-2007-4
(05/28/2007); corrections to this issue are in italics:
24.3-3 -
Interim Directive 5109.34-2006-1 (06/29/06) is being superseded by this supplement
and direction is being incorporated into this supplement.
Updates rates and requirements for entire chapter.
Adds information on NRCG Best Value contracts for water handling, potable water
equipment and faller modules.
Adds state workers compensation requirements.
Clarifies work/rest length of assignment guidelines.
Adds superskidgines, softtracks, and weed washer requirements and typing.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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-
Adds Exhibit 17 – EERA General Clauses (Commercial Item), including FAR
clauses, Part 12.
SUPER SKIDGINES – Tank**Capacity, Gallons Minimum: SSK-1 changed to 1200
and SSK-2 changed to 800
SUPER SKIDGINES – Fully Operated Daily Rate, Double Shift ($) SSK-1 added
4936 and SSK-2 added 4192.
PASSENGER VANS – Deleted NOTE: Faller vehicles will be paid at a flat daily
rate of $33 (no mileage), one vehicle per falling team.
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
20.01-1 - Delegations of Procurement Authority
Ratification of unauthorized commitments is agency specific. Forest Service and BLM
ratification authority is limited to the chief of the Contracting Office.
Federal procurement officers who receive assignments to incidents may sign up and administer
agreements under their own authority, as well as assist in administering the terms and conditions
of Emergency Equipment Rental Agreements (EERA), OF-294, signed by other procurement
officials. Changes or modifications to EERAs shall be made by the procurement official signing
the original EERA.
24 - ACQUISITION METHODS
24.1 - Purchase Cards and Convenience Checks
In accordance with agency procedures, direction should be given regarding use of purchase cards
and convenience checks. Agencies are authorized to restrict or limit use. In cases where it is
anticipated the primary payment process will be administrative payment teams (APT), the use of
purchase cards and convenience checks should be reduced to limit the potential of duplicate
payments.
24.2 - Land and Facility Rental Agreements
The rental of bare land for fire purposes requires the same degree of good business judgment,
including reasonable price determinations, as any other procurement action. In making the
determinations, as to price fairness, consideration should be given, but not limited to, the
following items: Fair market rental rates for land in the area; costs to the landowner, such as
moving of stock, loss of rental fees from other sources, disruption; alterations needed and who
will make them; impacts on the land, costs of restoration, and who will do the restoration work;
duration of rental, (emphasis should be on weekly or monthly rates), with a limit on total costs.
Real estate firms and/or the USDA Forest Service Regional Office leasing specialist may be able
to assist in determining local rental rates. Other considerations require good judgment and the
prudent exercise of negotiation techniques. Need to identify when the month begins and when it
ends, such as, 7/15-8/13, or 30 days.
A joint pre- and post-inspection shall be made of the premises. Such inspection shall note all
improvements and their condition, including items such as fences, buildings, wells, crops, and
road conditions.
See Exhibit 19, NRCG Land Use Agreement for rental of temporary emergency facilities. Forest
Service is required to use an approved form, such as Form SF-1449, with the Land Use
Agreement as an attachment.
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 20 – ACQUISITION
24.3-2 - General Guidelines for Equipment Hire
1. Laws, Regulations, and Guidelines
a. Service Contract Act (SCA) Wage Determination. Federal agencies shall apply
the SCA to all rentals wherein service employees are used, except for
owner/operators. Contractors are responsible for paying these rates.
The Procurement Unit Leader shall post copies of the applicable Wage Determination
Service Contract Act and Fair Labor Standards Act posters in a public location at
each fire camp.
b. Operator Hour Limitations. Operator assignments should be on a scheduled
rotation for each operational period if the equipment is working 24 hours per day.
When equipment is used less than 24 hours per day and only one operator is provided,
the operator's schedule shall be based on an operational period allowing a minimum
of 8 hours off duty between operational periods. (All Work/Rest Guidelines in this
Handbook, chapter 10, section 12.7-1 and 12.7-1.a, shall apply).
c. Licensing Requirements. All private sector operators shall have a valid license for
the equipment operated. For equipment requiring a Commercial Driver’s License
(CDL), they are classified in two ways: (1) by Class and (2) by Type. See section 28,
exhibit 18, in this supplement. All commercial vehicles must meet the insurance
requirements in 49 CFR 387.7. This information can also be located at the following
website: http://www.fmcsa.dot.gov
d. Department of Transportation (DOT)
All commercial motor vehicles must be licensed for interstate travel. Commercial
motor vehicles as described by Federal Motor Carrier Safety Regulation 390.5 below:
Commercial motor vehicle means any self-propelled or towed motor vehicle used on
a highway in interstate commerce to transport passengers or property when the
vehicle(1) Has a gross vehicle weight rating or gross combination weight rating, or gross
vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or
more, whichever is greater; or
(2) Is designed or used to transport more than 8 passengers (including the driver)
for compensation; or
(3) Is designed or used to transport more than 15 passengers, including the driver,
and is not used to transport passengers for compensation; or
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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(4) Is used in transporting material found by the Secretary of Transportation to be
hazardous under 49 U.S.C. 5103 and transported in a quantity requiring
placarding under regulations prescribed by the Secretary under 49 CFR,
Subtitle B, Chapter I, Subchapter C.
In addition all commercial motor vehicles must meet all DOT requirements found in
49 CFR 390 through 396. Please refer to website: www.fmcsa.dot.gov
e. Gross Vehicle Weight (GVW)/Gross Vehicle Weight Rating (GVWR)/Gross Axle
Weight Rating (GAWR). Equipment, which by law requires an operator to possess a
driver’s license to operate on a public highway, shall be licensed. The GVW shall not
exceed the weight of the manufacturer’s GVWR. Gross Axle Weight Rating will not
be exceeded while vehicles are fully loaded.
Contractor shall abide by GVW/GVWR/GAWR requirements.
All equipment shall be within the limits of the manufacturer's GVWR when fully
loaded (including operators and accessory equipment). This includes balancing the
load in a manner that all axle weights comply with the manufacturer's gross axle
weight rating. Equipment shall be configured in a manner that the center of gravity,
to the vehicle, is within the design limits of the equipment. The contractor may be
responsible for providing certification from a professional mechanical engineer or
other expert in the field of design engineering, establishing the fact the design limits
of the equipment has not been compromised.
Preseason signup for engines, water tenders and water trucks, requires the unit to be
fully loaded at the time of inspection, with the contractor providing loaded weight
tickets from a certified scale. The government reserves the right to reweigh the
vehicle at any time.
f. Insurance Requirements. All Commercial vehicles must meet the insurance
requirements found in 49 CFR 387.7.
g. Work Rates. For equipment not shown in this supplement the rates shall be
negotiated, taking into consideration wages (if hired fully operated), depreciation,
taxes, storage, insurance, overhead, and profit. Local customary rates shall also be
considered.
h. Daily Rates. See NRCG Supplemental Provisions to EERAs, Clause 7, (Exhibit
16).
i. Fully Operated Rate. The fully operated rates are based on the following formula:
8 hours times the applicable SCA rate plus 6 hours times 1.5 times the SCA rate plus
8 hours times the fringe benefit rate, then times by an assumed 35 percent payroll
burden. Equipment can be hired “wet” (contractor provides fuel and operating
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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supplies) or “dry” (Government provides fuel and operating supplies) as defined in
the General Clauses of the EERA.
j. Unoperated Rate. The unoperated rates are based on a government-provided
operator. If the Government provides operating supplies, downward adjustment to
the daily rate needs to be made for the cost of the operating supplies.
k. Operating Supplies. As noted on the agreement, operating supplies are provided
either by the Government or the contractor. When it is the Government's
responsibility to provide these supplies but the contractor supplies them,
reimbursement shall be made by the Government. Use Block 27, Emergency
Equipment Use Invoice, OF- 286, to make this reimbursement. When the reverse is
true and the Government provides supplies that should be furnished by the contractor,
a deduction for the value of the supplies shall be taken in Block 26 of the invoice.
Documentation of reimbursements and deductions shall be attached to the OF-286.
l. Special Provisions. Due to laws, regulations, or unique needs, there are special
provisions specified to be included in agreements. Section 28, Exhibit 16, sets forth
all the NRCG required special provisions. Each agreement shall incorporate the
special provisions by entering the following statement in Block 14 of the EERA:
"NRCG Supplemental Terms and Conditions to the General Clauses of the
Emergency Equipment Rental Agreement, OF-294 is attached and incorporated
herein." Procurement officials may include additional special provisions in
agreements, as necessary.
m. Repair Rates. Reference Item 4, General Provisions of the EERA. The rate to be
assessed for Government-provided repairs shall be $50 per hour plus parts. Repair
times shall be computed to the nearest half hour.
n. Work Rest Length of Assignment Guidelines. NRCG policy requires compliance
with work/rest guidelines as outlined in Chapter 10, Section 12.7-2 of this handbook.
Shifts exceeding these guidelines must be documented on the shift ticket and signed
by a Section Chief. Documentation shall include mitigation for the excess hours.
Compensation for excess hours may only be negotiated by Procurement Officials
acting within their delegated authority. As guidance, payment should be based on
hours the equipment was operated during the assigned shift as documented on the
shift ticket versus the designated shift as shown on the Incident Action Plan.
o. State Workers’ Compensation. All private sector operators shall follow State law
for Workers’ Compensation. Contractor (owner) must provide proof that all
employees are covered by workers’ compensation insurance. Additionally,
contractors (owners) who will be operating equipment must provide the following
prior to issuance of an EERA:
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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1. Independent Contractor Exemption certificate issued after April 28, 2005; or
2. Proof of workers’ compensation insurance showing owner is covered.
Independent contractor exemption certificates approved before April 28, 2005 are not
acceptable.
Individuals hired as casual employees under the AD pay plan are not affected and are
covered by the Federal Employee’s compensation Act.
p. Severity. Severity is a negotiated rate and is generally 75% of the daily rate.
During severity assignments, contractors may be assigned duties which include:
patrol, prevention and education duties, refurbishment of fire equipment, ie: washing
and rolling hose. Duties that are not acceptable are: thinning projects, building
maintenance, and other projects that should be paid from home unit funds and take
the contractor out of their classification for workers compensation coverage.
q. Equipment hired must meet the needs for wildland firefighting using the guidance
set forth by NRCG, NWCG, and NFPA.
2. Wildland Engines, Tenders, Skidgines, Pumper Cats, Softtrack, Superskidgines, and
Faller Modules – The first source of supply for private equipment shall be the USDA
Forest Service, Region 1 Best Value Agreements.
NRCG member agencies agreed to establish and use a Best Value Waterhandling
Agreement where agency regulations allowed. USDA Forest Service units, within the
Northern Rockies, are required to use the Best Value Bus Agreement the Best Value
Waterhandling Equipment Agreement in place of EERA’s for Wildland Fire Engines
(Type 3-6), Tenders (Type 1-3), Superskidgines, Skidgines, Pumper Cats and Softtrack.
Incident only EERAs will be entered into, for the above listed equipment only after the
Best Value Agreements have been exhausted. Rates established for waterhandling
equipment within this supplement may be utilized for guidance for local procurement
officials when negotiating incident only agreements. The incident only EERA equipment
shall meet the specifications currently listed in Chapter 20, including training certification
and equipment inspections, but are not required to meet the specifications in the Best
Value Waterhandling Equipment Agreement.
The only exception to this requirement will be for Initial Attack, when closest resources
may be used to accomplish the agency mission. These agreements are administered by
Debby Wesselius, USFS Contracting Officer at (406) 329-3333. The agreement can be
found on the NRCG Web site: www.fs.fed.us/r1/fire/nrcg.
Potable Water Trucks – The first source of supply shall be the DOI Bureau of Land
Management (BLM) potable water truck agreements. Only after exhausting the units
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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available from this source shall other sources be considered. Should a potable water
truck, not under the BLM agreement, be hired it shall be replaced by a truck from the
agreement as soon as practical. The agreement can be found on the NRCG Web site:
www.fs.fed.us/r1/fire/nrcg.
24.3-3 - Preferred Hiring Methods
The first source of supply shall be agreements entered into by competitive process in the
Northern Rockies Geographic Area.
The following describes requirements outside the above competitive process and summarizes the
use of established rates for standard EERAs for equipment rented within the Northern Rockies
Geographic Area. The rates are fair and reasonable for equipment that is reasonably new and in
good operating condition and meet all of the Chapter 20 requirements. The rates reflect that the
equipment will be engaged in fighting forest fires under adverse working conditions, driven on
both improved and unimproved roads, and will probably require operators to work overtime.
The rates are mandatory and may only be adjusted as follows:

Rates should be adjusted downward when equipment fails to provide the basic
configuration required for each equipment type listed, or is excessively old and will
not perform up to the standards of newer equipment in terms of quality operating time
or production capability. The equipment shall meet the requirements of the OF-296
Vehicle/Heavy Equipment Safety Inspection Checklist. This equipment should only
be used until Chapter 20-compliant equipment becomes available.

Rates should be adjusted upward to reflect the contractor's actual payroll cost when a
contractor demonstrates a long-term history of paying wages exceeding the
established SCA wage determination for the period (example: payroll records for past
12 months).

Rates may be exceeded (within agency authority) on a case-by-case basis to reflect
equipment that is unique in operating capability or cannot be obtained without a
higher rate.

Rates were determined by using a standardized national formula. It is based on
commercial rates, with variables in geographic areas and labor costs.

Note: For Forest Service agreements:
o Standard rates should be utilized as guidelines and shall be negotiated by a
GS-1102-11, Level 1C or higher.
o Forest Service shall not enter into preseason agreements for any equipment
solicited and awarded under Best Value agreements.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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CHAPTER 20 – ACQUISITION
Standard Methods of Hire
Dozers/Pumper
Cats/Skidders/Skidgines/Superskidges/Softtracks/Graders/Excavator/Backhoes/FellerBunchers/Other Heavy Equipment
Wet
Daily Rate:
 with one operator
 with service vehicle
Transports (Heavy Equipment)
Wet
Daily Rate:
 with one operator
 with pilot/flag vehicle, if required by law
Lowboys, Enclosed Vans or Flatbeds
Wet
Daily Rate:
Transportation Vehicles, other than Buses
Dry
Daily rate + mileage
 Without operator (operator will be hired separately as a casual firefighter according to
agency policy)
OR
 Fully Operated
Buses
Wet
Mileage rate with guarantee based on 250 miles
 With one operator
Water Truck, Potable
Hired under Geographic Area agreements.
Engine and Tenders
Wet
Daily Rate
 Must meet all the training and certification requirements listed with the equipment in this
supplement
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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Sawyer/Chainsaw
Dry
Daily Rate:
 Vehicle hired at flat daily rate of $32 per day, no mileage
 Sawyer and swamper will be hired separately as casual firefighters according to agency
policy.
 Teams - sawyer and swamper or two sawyers
 Swamper is not compensated for chainsaw
 Each saw team would only be compensated for one chainsaw and one vehicle per day.
 Note: Check experience as a professional sawyer
Portable Pumps
Dry
Daily Rate
 Without operator
All-Terrain Vehicle ATV’s
Dry
Daily rate – use commercial rates
 Without operator
 Tie-downs and ramps are included in daily rate. Delivery and pick-up negotiated
separately. No three-wheel vehicles. Anyone who operates one of these must meet
agency certification.
Commercial Vans (for example U-haul)
Use commercial rates
Refrigerated Truck (trailer)
Dry
Daily Rate
 Without operator
 Mobilization costs may be additional
Shop Trucks
Wet
Daily Rate
 With one mechanic when hired for a single operational period and two mechanics when
hired for double operational period.
Fuel Truck
Wet
Daily Rate
 With Operator
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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

Fuel trucks shall have multifueling capability with two separate nozzles, one for gas and
one for diesel
Fuel shall be paid at the pump price. Pump price shall be established at the time of hire.
Weed Washer
Wet
Daily Rate
 Fully Operated
Dozers/Skidders/Skidgines/Superskidgines/Softtracks/Pumper
Cats/Graders/Excavators/Feller-Bunchers. The following shall be provided on all equipment:



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

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


Ax or Pulaski and Shovel
Fire extinguisher (minimum rating 4BC)
Five Person First Aid Kit
Headlights, backup lights, and backup alarms
Safety equipment including approved spark arrester or exhaust system
Roll Over Protection (ROPS) and Falling Object Protection (FOPS) are required on
all heavy equipment with the exception of 360 degree swing machines. (excavators) .
All heavy equipment must meet all applicable Federal and State safety standards and
must have front window guarding in place with clean unbroken windows. Factory
installed safety glass, such as Lexan, does not require external guarding.
Skidders and skidgines are required to have tire chains.
All rubber-tired equipment shall have tire chains available, if needed. Chains must be
produced at time of preseason inspection.
PPE as described under personnel requirements
In addition to the above, dozers, skidders, and softtracks may be equipped with rear-mounted
grapple for logging or towing winch with cable and one or two chokers (indicate on EERA if so
equipped).
Heavy equipment modified to transport water, such as superskidgines, skidgines, softtracks, and
pumper cats, shall be configured in a manner that the center of gravity for the vehicle is within
the design limits of the equipment. The contractor shall be responsible for providing
certification from a professional mechanical engineer or other expert in the field of design
engineering, establishing the fact the design limits of the equipment has not been compromised.
Any and all additional modifications shall be recertified. Water tanks shall also be certified as to
actual size and having adequate baffles. Note: Cost for this certification has been figured into
the daily rate.
Skidgines, superskidgines, softtracks, and pumper cats will not be required to have rear-mounted
grapples or logging or towing winches with cable and one or two chokers. This equipment may
have been removed to accommodate the tank, pump, and reel. Grapples must be secured to
prevent hazards to individuals working with the skidgine.
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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Additional Information on Heavy Equipment can be found on the NRCG web page under chapter
20 at: www.fs.fed.us/r1/fire/nrcg/Committees/business_committee.htm
DOZERS
Fully Operated Fully Operated
Daily Rate
Daily Rate
Single Shift ($) Double Shift ($)
1
200-369
2423
4685
2
100-199
1534
2900
3
60-99
1122
2146
If the equipment is ordered without operator, reduce the fully operated daily rate,
one operational period, by $513; reduce fully operated, daily rate, two operational
periods by $880.
NWCG Fireline Handbook Flywheel
Typing
Horsepower
SKIDDERS
Fully Operated
Fully Operated
Daily Rate
Daily Rate
Single Shift ($)
Double Shift ($)
S1
100+
1804
3464
S2
69-99
1161
2097
If the equipment is ordered without operator, reduce the fully operated daily rate,
one operational period, by $513; reduce fully operated, daily rate, two operational
periods by $880.
Class
Flywheel
Horsepower
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SKIDGINES
Minimum Standards for Type
SK-1
100+
Type
Flywheel Horsepower Range
Pump Capacity*
GPM @ PSI
Tank**
Capacity, Gallons Mininum
1 inch hardline with ¾-inch inside
diameter hose on reel
1 inch linen hose
Personnel***
SK-2
69-99
30 @ 70
30 @ 70
400
200
150 feet
150 feet
200 feet
1
200 feet
1
SK class shall meet the S class for skidders
*All pumps shall have pressure gauges that meet the minimum pump pressure rating.
**No fiberglass or plastic tanks will be accepted. All tanks must be certified and baffled in
compliance with NFPA or American Society of Mechanical Engineers standards or other
industry accepted engineering standards. Additional gallons are acceptable, but must meet all
standards.
***Skidgine and operator must be accompanied at all times by agency personnel qualified at or
above the Firefighter I Level.
Type
Flywheel
Horsepower
Range
Pump Capacity*
GPM @
PSI
Tank** Capacity
Gallons
1 inch hardline with ¾-inch
inside diameter hose on reel
1 inch linen hose
Personnel***
PUMPER CATS
Minimum Standards for Type
1
2
3
200+
100-199
60-99
30 @
70
30 @
70
30 @
70
500+
325+
200+
150 ft.
150 ft.
150 ft.
200 ft.
1
200 ft.
1
200 ft.
1
TDC class shall meet the same T class for Dozers
*All pumps shall have pressure gauges that meet the minimum pump pressure rating.
**No fiberglass tanks or plastic tanks will be accepted. Tanks must be baffled in compliance with NFPA or
American Society of Mechanical Engineers standards or other industry accepted engineering standards. Additional
gallons are acceptable but must meet all standards.
***Dozer and Operator must be accompanied at all times by agency personnel qualified at or above the Firefighter
I level.
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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SUPER SKIDGINES
Minimum Standards for Type
SSK-1
176+
Type
Flywheel Horsepower Range
Pump Capacity*
GPM @ PSI
Tank**
Capacity, Gallons Mininum
1 inch hardline with ¾-inch inside
diameter hose on reel
1 inch linen hose
Personnel***
SSK-2
75-175
50 @ 100
50 @ 100
1200
800
150 feet
150 feet
200 feet
1
200 feet
1
*All pumps shall have pressure gauges that meet the minimum pump pressure rating.
**No fiberglass or plastic tanks will be accepted. All tanks must be certified and baffled in
compliance with NFPA or American Society of Mechanical Engineers standards or other
industry accepted engineering standards. Additional gallons are acceptable, but must meet all
standards.
***Superskidgine and operator must be accompanied at all times by agency personnel
qualified at or above the Firefighter I Level.
SOFTTRACKS
Minimum Standards for Type
Type
Flywheel Horsepower Range
Pump Capacity*
GPM @ PSI
Tank**
Capacity, Gallons Mininum
1 inch hardline with ¾-inch inside
diameter hose on reel
1 inch linen hose
Personnel***
STT-1
176+
30 @ 70
600
150 feet
200 feet
1
*All pumps shall have pressure gauges that meet the minimum pump pressure rating.
**No fiberglass or plastic tanks will be accepted. All tanks must be certified and baffled in
compliance with NFPA or American Society of Mechanical Engineers standards or other industry
accepted engineering standards. Additional gallons are acceptable, but must meet all standards.
***Softtrack and operator must be accompanied at all times by agency personnel qualified at or
above the Firefighter I Level.
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DURATION: This supplement is effective until superseded or removed.
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List of Minimum Required Inventory for Superskidgine, Skidgine, Softtracks, and Pumper Cats
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
2 each 1 inch NPSH nozzles—must do both fog and straight stream combination and
shutoff (plastic is acceptable)
1 Pulaski
1 shovel, size 0
1 first aid kit (5 person)
1 fire extinguisher (4BC or better)
1 spanner wrench, combination 1 inch to 1½ inches
1 each reducer 1½ inches NH female to 1 inch NPSH male
1 each reducer 1 inch NPSH female to ¾ of an inch garden hose male
1 each adapter 1 inch NF female to 1inch NPSH male
1 each adapter 1 inch NPSH female to 1 inch NH male
1 each 1 inch double male NPSH
1 each 1 inch double female NPSH
1 each hose clamp
5 gallons of fuel to operate pump for 12 hours
1 each pumps for filling tank with water or have drafting capabilities. If drafting, need 20
feet of hard line suction hose with strainer or screened foot valve.
1 each, ¼ turn adapter to 1 inch NPSH (1 female and 1 male each)
Must have a 1 inch NPSH male tee for soft line attachment
Must have pressure relief and bypass valve in plumbing system
Tanks shall have 4-inch minimum fill pipe
Tanks shall have a minimum 3-inch dump valve
Hose – See matrix
Personnel requirements for Superskidgines, Skidgines, Softtracks and Pumper Cats
1. Satisfactorily completed the NRCG-approved physical fitness test.
2. Standards for Survival Training or equivalent.
3. The following personal protective equipment is required:

Boots - All leather, lace-up type, minimum 8 inches high with lug-type sole in
good condition (steel toed boots are unacceptable).
 Hardhat - Plastic, class B, ANSI Z89.1, OSHA approved, with chinstrap. Note:
Hardhat meeting NFPA Standard 1977, 1998 edition, is required.
 Gloves - One pair heavy-duty leather per person.
 Eye protection - One pair per person (meets standards ANSI 287, latest edition).
 Headlamp - One lamp per person with batteries and attachment for hardhat.
 Canteen - 1-quart size, two per person required, and four per person
recommended (filled prior to arrival at incident).
The following equipment may be agency provided at the time of hire:
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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Page 16 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION


Fire shelter - One serviceable shelter per person, National Fire Protection
Association (NFPA approved).
Flame resistant clothing - Shirt and trousers for routine fireline duties. Flame
resistant clothing must:
o Self-extinguish upon removal from heat source.
o Act as effective thermal barrier by minimizing conductive heat transfer
o Not melt or shrink to any appreciable degree upon decomposition during
exposure to a high heat source.
o Be manufactured from flame retardant treated (FRT) cotton, FRT rayon,
FRT wool, aramid (Nomex), or other similar fabric.
SKIDGINES
(Rubber Tired)
Type
Flywheel
Horsepower
Minimum
Tank
Capacity,
Gallons
Fully
Operated
Daily Rate
Fully
Operated
Daily Rate
Single Shift
Double Shift
($)
($)
SK-1
100+
400
2094
4056
SK-2
69-99
200
1248
2139
 If the equipment is ordered without operator, reduce the fully
operated daily rate one operational period, by $513; reduce fully
operated, daily rate two operational periods, by $880.
 Rates reflect market value as determined by competitive
process.
SUPERSKIDGINES
Type
Flywheel
Horsepower
Minimum
Tank
Capacity,
Gallons
Fully
Operated
Daily Rate
Fully
Operated
Daily Rate
Single Shift
Double Shift
($)
($)
SSK-1
176+
1200
2880
4936
SSK-2
75-175
800
2440
4192
 If the equipment is ordered without operator, reduce the fully
operated daily rate one operational period, by $513; reduce fully
operated, daily rate two operational periods, by $880.
 Rates reflect market value as determined by competitive
process.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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Page 17 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
PUMPER CATS
(Hard Track)
Minimum Tank Fully Operated Fully Operated
Type
Capacity,
Daily Rate
Daily Rate
Gallons
Single Shift ($) Double Shift ($)
1
200+
500+
2600
4458
2
100-199
325+
1950
3344
3
60-99
200+
1200
2058
 If the equipment is ordered without operator, reduce the fully operated daily rate,
one operational period, by $513; reduce fully operated, daily rate, two
operational periods, by $880.
 Rates reflect market value as determined by competitive process.
Flywheel
Horsepower
SOFTTRACKS
Minimum Tank Fully Operated Fully Operated
Type
Capacity,
Daily Rate
Daily Rate
Gallons
Single Shift ($) Double Shift ($)
1
170+
600+
1950
3344
 If the equipment is ordered without operator, reduce the fully operated daily rate,
one operational period, by $513; reduce fully operated, daily rate, two
operational periods, by $880.
 Rates reflect market value as determined by competitive process.
Flywheel
Horsepower
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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Page 18 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
CERTIFICATION FOR CERTIFICATION FOR SUPERSKIDGINES,
SKIDGINES, SOFTTRACKS AND PUMPER CATS
This certification is incorporated in and made part of Emergency Equipment Rental Agreement No.
_____________________. The equipment listed herein meets all of the minimum requirements for
the equipment type.
EQUIPMENT TYPE
SERIAL NO.
ENGINEERING
CERTIFICATION
(attach Exhibit 21)
The following individuals meet all the personnel and training requirements for the position listed.
NAME
POSITION
The personnel listed above shall be provided with the equipment, in the numbers required by the
agreement and equipment typing configurations. The personnel and equipment qualifications are in
accordance with NRCG Supplement to Chapter 20 of the Interagency Incident Business Management
Handbook.
A copy of the Emergency Equipment Rental Agreement, along with this certification, shall be provided to
the Finance/Administration Section Chief or their designated representative immediately upon arrival at
the incident. Failure to provide equipment meeting the typing configurations or the above named
personnel shall void the payment schedule listed in Blocks 11, 12 and 13 of the agreement.
I certify that the above-listed equipment meets the minimum typing standards for the type listed. I also
certify that the above-listed personnel meet all of the qualification requirements for the position(s) listed.
Government Representative
(Signature)
Contractor Representative (Signature)
Name and Title
(Printed)
Contractor Name
(Printed)
Home Unit
Address
Phone No.
City, State
Date
Date
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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Page 19 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
CHECKLIST FOR SKIDGINES AND PUMPER CATS
Equipment Type
Serial No.
Engineering Certification
1. Pump Capacity (GPM/PSI)
2. Tank Capacity (Gallons)
3. Meets Personnel Standards
4. Complement Requirements
2 each, 1 inch NPSH Nozzles—must do both fog and straight stream
combination and shutoff (Plastic is acceptable)
1 Pulaski
1 Shovel, size 0
1 First Aid Kit (5 person)
1 Fire extinguisher (4BC or Better)
1 Spanner wrench, combination 1 inch to 1 ½ inches
1 each Reducer, 1 ½ inches NH Female to 1 inches NPSH Male
1 each Reducer 1 inch NPSH Female to ¾ inches garden hose male
1 each Adapter 1 inch NH Female to 1 inches NPSH Male
1 each adapter 1 inch NPSH Female to 1 inch NH Male
1 each 1 inch Double male NPSH
1 each 1 inch Double female NPSH
1 each Hose clamp
5 Gallons of fuel to operate pump for 12 hours
1 each Pump for filling tank with water or have drafting capabilities. If
drafting, need 20 ft. of hard line suction hose with strainer or screened foot
valve.
1 each ¼ turn Adaptor to 1 inch NPSH (1 female and 1 male each)
Must have a 1 inch male NPSH tee for soft line attachment.
Must have pressure relief and by pass valve in plumbing system.
Tanks shall have a 4 inch minimum fill pipe
Tank shall have a minimum 3-inch dump valve.
Hose – Minimum Standard for Type – See Matrix
Yes
No
NOTE: Equipment not required by this list is carried at the contractor’s own risk. Compensation will not
be given for additional items. Please list additional items on the back of this form. Attach to OF 296.
CONFIGURED AS ABOVE THIS UNIT IS CLASSIFIED A TYPE ________ SKIDGINE.
Contractor’s Signature
Date
Inspector’s Signature
Date
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 20 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
AGRICULTURE TRACTORS
Rates for agricultural tractors, with gang plows, have not been developed. Use skidder rates and
flywheel horsepower as a guide. Depending on ground conditions, additional compensation may
be necessary for excessive wear and tear on gang plows.
GRADERS
Type
Flywheel
Horsepower
1
2
3
201+
126-200
<125
Fully Operated
Fully Operated
Daily Rate Single Daily Rate Double
Shift
Shift
($)
($)
1510
2864
1306
2464
1073
2002
If the equipment is ordered without operator, reduce the fully operated daily rate,
one operational period, by $513; reduce fully operated, daily rate, two operational
periods by $880. Chains not required on machine but available at next operational
period. Chains shall be inspected at preseason signup.
BACKHOES
Type
Minimum
Digging
Depth
Flywheel
Horsepower
1
2
3
18 +ft.
15 +ft.
13 +ft.
91+
63-90
0-62
Fully Operated
Daily Rate
Single Shift
($)
1335
1029
846
Fully Operated
Daily Rate
Double Shift
($)
2514
1928
1526
If the equipment is ordered without operator, reduce the fully operated daily rate,
one operational period, by $513; reduce fully operated, daily rate, two operational
periods by $880.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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Page 21 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
EXCAVATORS W/THUMB
Type
1
2
3
Minimum
Fully Operated
Weight
Flywheel
Daily Rate Single
Class in Horsepower
Shift
Pounds
($)
50,000
136+
1812
25,000
76-135
1315
15,000
50-75
1073
Fully Operated
Daily Rate
Double Shift
($)
3472
2481
2002

Only Excavators with a Hydraulic Thumb will be ordered.

If the equipment is ordered without operator, reduce the fully operated
daily rate, one operational period, by $513; reduce fully operated, daily
rate, two operational periods by $880.
FELLER BUNCHERS WITH BAR SAW OR ROTARY SAWS
Class
Flywheel
Horsepower
FB1
FB2
160 - 225
226+
Fully Operated
Daily Rate
Single Shift
($)
2371
2692
Fully Operated
Daily Rate
Double Shift
($)
4589
5265

The above rates are based on a machine equipped with a Bar Saw
capable of cutting a 22-inch DBH tree and up with accumulator arm or
Rotary (Hot) Saw capable of cutting 20 inch DBH trees and up with
accumulator arm.

Harvester heads will be negotiated under a separate agreement.

Machines must meet State and Federal safety regulations.
Additional information on Heavy Equipment can be found on the NRCG web page under
Chapter 20 at: www.fs.fed.us/r1/fire/nrcg/Committees/business_committee.htm
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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Page 22 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
SEDANS/PASSENGER VANS/PICKUPS/UTILITY VEHICLES/TRUCKS
The first source of supply for all agencies within the Northern Rockies shall be the Montana
DNRC Best Value unoperated vehicle agreements.
Consideration should be given to weekly or monthly rates when determined to be more
economical. See IIBMH, Chapter 10, and Section 17.1-4, for more information on car rental.
When dealing with national rental companies, ensure the vendor understands the vehicles will
also be used off-road. For that reason, the preferred method of hiring vehicles is on the EERA
form. The purchase card may also be used. If the purchase card is used, the cardholder shall
consider: (1) how the vehicles will be closed out at the end of the cardholder’s assignment, (2)
use is for ALL Government employees, and (3) a process for claim settlement that may result
from the rental.
Vehicles should be rented at rates not to exceed those charged the public and should show both
daily and weekly rates. It is recommended the procurement officer to determine ownership
review the vehicle registration.
Equipment shall be equipped with spare tire, wheel wrench, jack, reflectors and fire extinguisher.
Vehicles shall be in good condition and meet all State and local laws for operation on public
roads. Vehicle cleanup after use should be addressed at the time of signup. The Government has
the option of cleaning the vehicles before final inspection or providing compensation to the
vendor for cleanup. The preferred method of cleanup is for the Government to provide this
service allowing for a better inspection process.
There are two standard method of hire:


Unoperated, daily rate plus mileage rate. The Government provides operating supplies.
Agencies must adhere to their policies regarding hiring of drivers and equipment.
Fully Operated, daily rate plus mileage rate. The Government provides operating
supplies.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 23 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
SEDANS
Unoperated Daily Rate Fully Operated Daily
($)
Rate ($)
Sedans, midsize or larger
47.00
230.00
Class A1
Mileage Rate ($)
.16
PASSENGER VANS
Class A2
Mini, 7 pass
½ ton, 8 pass
¾ ton, 12 pass
Unoperated Daily
Rate ($)
54.00
59.00
67.00
Fully Operated Daily
Rate ($)
238.00
245.00
250.00
Mileage Rate ($)
.24
.27
.31
In accordance with agency policy, vans classified as 15 passenger shall not be hired.
PICKUPS, 4X2
Class TR1
Compact
½ ton
¾ ton
1 ton
Unoperated Daily
Rate ($)
36.00
43.00
48.00
59.00
Fully Operated Daily
Rate ($)
219.00
225.00
234.00
245.00
Mileage Rate ($)
.15
.19
.22
.30
PICKUPS, 4X4
Class TR2
Compact
½ ton
¾ ton
1 ton
Unoperated Daily
Rate ($)
43.00
48.00
54.00
67.00
Fully Operated Daily
Rate ($)
225.00
234.00
240.00
250.00
Mileage Rate($)
.19
.22
.24
.34
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 24 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
UTILITY (BLAZER/SUBURBANS/EXPLORERS/JEEPS)
Class TR3
Compact
½ ton
¾ ton+
Unoperated Daily
Rate ($)
52
57
64
Fully Operated Daily
Rate ($)
238.00
245.00
250.00
Mileage Rate ($)
.24
.30
.34
TRUCKS, STAKESIDE/STOCK
Class TR
Size
8,500-12,000 GVW
12,001-14,5000 GVW
14,501-21,000 GVW
21,000+ GVW
9-foot platform and up
12-foot platform and up
12-foot platform and up
12-foot platform and up
Unoperated
Daily Rate ($)
66.00
77.00
90.00
102.00
Fully Operated
Daily Rate ($)
361.00
373.00
386.00
396.00
Mileage
Rate ($)
.36
.59
.72
.83
BUSES
a. Buses for Hire. The first source of supply shall be the USDA Forest Service, Region 1
Best Value Bus Agreements. For all buses hired under the Best Value and local EERAs,
the incident agency shall be responsible for processing the payments.
Ordering of all buses in the Northern Rockies shall be through the dispatch/resource
ordering process.
Contractors/operators shall not exceed duty limitation hours set forth in Chapter 10,
Section 12.7-1, 2 of the IIBMH. The Government may provide lodging and meals in
cases when the operator cannot return to a Government facility. Meals and lodging shall
not exceed the Government per diem rate.
b. School-Type Buses, Class B1. Buses may be rented several different ways, including
fully operated or unoperated and with or without Government-furnished items. The
elements of cost, liability, and bus availability may vary depending on the method used.
The rental method chosen should be selected that will best meet agency needs at the
lowest overall cost.
The preferred method of procuring buses is fully operated. Because of vendor
limitations, it may be necessary to hire the bus unoperated with the Government
providing the operator. When the bus is hired fully operated the contractor is responsible
for meeting all State laws, including insurance coverage, for the State(s) in which an
assignment is initially accepted or reassigned to. All buses shall meet the insurance
requirements of Department of Transportation (DOT) Regulation CFR 49 Part 387.33,
which specifies a minimum $5,000,000 insurance coverage.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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Page 25 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
c. Contracting for School-Type Bus Services.
(1) All buses will have a date of manufacture January 1, 1977, or later.
(2) The DOT and State law governs operator licensing. Each operator will have the
appropriate commercial drivers license (CDL).
(3) All buses shall have proof of current safety inspection.
Current safety ratings for contractors may be accessed at the following website:
http://www.safersys.org, then click on "SAFER Database Queries".
(4) All buses shall have the capability to safely transport personnel, packs and hand tools
either internally or externally and shall have a minimum of 120 cubic feet of storage
space. The internal or external transport space must meet Federal Motor Carrier – Safety
Regulations 392.62 (c) 1, 2, 3 Safe Operations. If the contractor chooses to provide a
“chase vehicle” to transport packs/tools, it shall be at no cost or liability to the
Government. If the Government is required to provide a “chase vehicle” to carry
packs/tools because the bus cannot transport them, $150/day will be deducted from the
contractor’s invoice. Buses shall not transport flammable/combustible liquids, such as
chainsaw gas, internally. Flammable/combustible liquids may be transported in a DOT
approved external compartment. A chase vehicle for these items may be provided by the
Government.
Please see Northern Rockies Mobilization Guide for number of hours personnel
may be transported in a school bus.
d. Basis and Amount of Payment. Payment for best value agreements and local EERAs
are based either on the mileage rate or daily rate, whichever is greater. The Host Agency
for the incident is the designated payment office.
e. Standard Method of Hire. Mileage rate or daily rate , fully operated, one operator, no
second operator will be allowed.
Class B1
BUSES, SCHOOL-TYPE
Fully Operated
Unoperated
Operated Daily
Mileage Rate
Mileage Rate
Rate
Capacity 16 or
$3.23
$2.01
$808.00
greater
Payment is based on either mileage rate or daily rate, whichever is greater.
Unoperated
Daily Rate
$503.00
BUSES, COACH
Class B2
Fully Operated Mileage Rate
Daily Rate
Coach
$3.33
$833.00
Payment is based on either mileage rate or daily rate, whichever is greater.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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Page 26 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
TRANSPORTS
The term "transport" includes a truck tractor with trailer(s). Trailers may be an enclosed van,
flatbed, or lowboy-type for hauling heavy equipment.
When long haul transport services are required for trips greater than 500 miles one way,
commercial rates and invoicing should be the method of hire.
Agencies will only pay for transport charges for haul-in and haul-out. Once the equipment is
unloaded, the transport will be released unless directed, in writing, to remain. If the incident
requires, transports may be hired for availability and equipment hauls. Transports retained for
incident operations will be on the Incident Action Plan and identified by resource order number.
Signed shift tickets are not adequate documentation for this purpose.
When transporting between tariff locations by a licensed common carrier, shipments and
payment should be according to the appropriate established tariff. Federal agencies should use a
Commercial Bill of Lading (CBL) for shipments of this type.
When required by State law, the Government upon presentation of invoice or receipt will
reimburse the cost for pilot vehicles and overload permits. Contractors are responsible for
meeting all State requirements, such as weight restrictions and hauling permits.
LOWBOYS, ENCLOSED VANS OR FLATBEDS (Transports)
Class
Ton
TR7
TR8
TR9
10-25
26-40
41+
Fully Operated Daily Rate
($)
1000
1300
1500
When a transport and another piece of heavy equipment, such as a dozer, are provided with a
single operator to operate BOTH pieces of equipment, adjustments to the payment amount will
be made as follows: Equipment will be paid at the daily rate, and the transport rate will be
reduced by $447 for a One Operational Period.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 27 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
WATER TENDERS AND WATER TRUCKS
Private Sector Water Tenders.
The first source of supply shall be the USDA Forest Service, Region 1, 2007 Waterhandling
Equipment Agreements.
(1) Personnel Requirements for Water Tenders
(a) Satisfactorily complete a NWCG-approved physical fitness test.
(b) Complete S-130 and S-190 per Exhibit 20 of this supplement (only required for
water tenders). This position does not require a NWCG 310-1 qualified supervisor
while on fireline duty.
(c) Fireline Safety Training Refresher or equivalent.
(d) The following personal protective equipment is required and must be provided by
the contractor:

Boots - All leather, lace-up type, minimum 8 inches high with lug-type
sole in good condition (steel toed boots are unacceptable).

Hardhat - Plastic, Class B. ANSI Z89.1, 1986, OSHA approved, with
chinstrap. NOTE: Hardhat meeting NFPA Standard 1977, 1998 Edition,
is required.

Gloves - One pair heavy duty leather per person.

Eye Protection - One pair per person (meets standards ANSI 287, latest
edition).

Head Lamp - One lamp per person with batteries and attachment for
hardhat.

Canteen - 1-quart size, two per person required, four per person
recommended (filled prior to arrival at Incident).

Fire Shelter - One serviceable shelter per person - National Fire Protection
Association (NFPA approved).

Flame Resistant Clothing - Shirt and trousers for routine fireline duties,
flame resistant clothing must:

Self-extinguish upon removal from heat source
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 28 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION

Act as effective thermal barrier by minimizing conductive heat
transfer

Not melt or shrink to any appreciable degree upon decomposition
during exposure to a high heat source

Be manufactured from flame retardant (FR) cotton, FR rayon, FR
wool, aramid (Nomex), or other similar fabric
(2) Foam Units. If a water tender is equipped with the following type foam capabilities,
it may be paid additional compensation. If a water tender has the following type foam
capabilities, and incident personnel direct the crew to use it on an incident, it shall be paid
additional compensation. The use of the foam capabilities used by incident personnel
must be documented on an equipment time shift ticket daily. The Government shall
provide the foam or make reimbursement only for approved chemicals when provided by
the contractor. A list of approved chemicals can be found at:
www.fs.fed.us/fire/tools_tech/index.html
Compressed Air Foam System (CAFS) – Plumbed into the system, increase the rate by
10 percent of the specified unoperated rate.
Metering Systems (Automatic Regulating Proportioning System) – Systematic metering
units increase the rate by 5 percent of the specified unoperated rate.
Any other foam capabilities, such as eductor units which siphon foam into the hose
system or when the foam is dumped directly into the tank will not receive additional
compensation.
(3) Water Tank Baffles. The water tanks must be equipped with partitions that reduce the
shifting of the water load. Water tenders shall have the water tank baffled in a manner
that conforms to the NFPA Standards for Mobile Water Supply Apparatus, or the
American Society of Mechanical Engineers standards or other industry-accepted
engineering standard.
(4) Water Tenders shall have a spreader bar or equal capability that is capable of
broadcasting an even spray (demonstrate at inspection).
(5) All cargo and equipment not permanently attached to the vehicle shall be secured in
accordance with requirements found in 49 CFR 393. Synthetic strapping will not be
accepted.
(6) When classifying water trucks, all of the requirements for both equipment and
personnel must be met to be acceptable. In addition, a Government fire expert must
certify the equipment and personnel that both meet the minimum requirements.
Equipment lacking this certification shall not be signed up. It shall be the contractor’s
responsibility to obtain the certification prior to dispatch.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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Page 29 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
(7) Standard Method of Hire. Fully operated daily rate.
(8) Inventory. At the time of hire, the contractor shall provide a complete inventory of
the firefighting complements on the vehicle. A copy of the inventory shall be provided to
the Government fire expert and the procurement unit each time the vehicle is hired or
reassigned to an incident.
(9) For purposes of clarification, the water tender is intended for use in the support of
fireline activities.
PRIVATE SECTOR WATER TENDERS
Class
Fully Operated
Daily Rate
Single Shift ($)
Fully Operated
Number of
Daily Rate
Operators
Double Shift
($)
WT1
Water Tender
1850
3171
1
WT2
Water Tender
1268
2173
1
WT3
Water Tender
1024
1755
1
 See the section at the end of the "Private Sector Water Tenders” for water tender
typing, minimum complements, certification form and checklist.
 If the equipment is ordered without operator, reduce the fully operated daily rate,
one operational period, $438; reduce fully operated, daily rate, two operational
periods by $750.
 Rate reflect market value as determined by competitive process
Private Sector Water Trucks.
(1) Personnel Requirements for Water Trucks.
(a) There are no physical requirements.
(b) Fireline Safety Refresher or equivalent. This position must be accompanied
by a NWCG 310-1 qualified supervisor while on any fireline duty.
(c) The following personal protective equipment is required and must be provided
by the contractor:

Boots - All leather, lace-up type, minimum 8 inches high with lug type sole in
good condition (steel toed boots are unacceptable).

Hardhat - Plastic, Class B, ANSI Z89.1, 1986, OSHA approved, with
chinstrap. NOTE: Hardhat meeting NFPA Standard 1977, 1998 Edition, is
required.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 30 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION

Gloves - One pair heavy duty leather per person.

Eye Protection - One pair per person (meets standards ANSI 287, latest
edition).

Head Lamp - One lamp per person with batteries and attachment for hardhat.

Canteen - 1-quart size, two per person required, four per person recommended
(filled prior to arrival at Incident).
The following items may be provided by the Government:

Fire Shelter - One serviceable shelter per person - National Fire Protection
Association (NFPA approved).

Flame Resistant Clothing - Shirt and trousers for routine fireline duties, flame
resistant clothing must:

Self-extinguish upon removal from heat source.

Act as effective thermal barrier by minimizing conductive heat transfer.

Not melt or shrink to any appreciable degree upon decomposition during
exposure to a high heat source.

Be manufactured from flame retardant treated (FRT) cotton, FRT rayon,
FRT wool, aramid (Nomex), or other similar fabric.
(2) Water Trucks shall have a spreader bar or equal capability that is capable of
broadcasting an even spray (demonstrate at inspection).
(3) Water Tank Baffles. The water tanks must be equipped with partitions that reduce the
shifting of the water load. Water trucks shall have the water tank baffled in a manner that
conforms to the NFPA Standards for Mobile Water Supply Apparatus, or the American
Society of Mechanical Engineers standards or other industry-accepted engineering
standards.
(4) All cargo and equipment not permanently attached to the vehicle shall be secured in
accordance with requirements found in 49 CFR 393.
(5) When classifying water trucks, all of the requirements for both equipment and
personnel must be met to be acceptable. In addition, a Government fire expert must
certify the equipment and personnel that both meet the minimum requirements.
Equipment lacking this certification shall not be signed up. It shall be the contractor’s
responsibility to obtain the certification prior to dispatch.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 31 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
(6) Standard Method of Hire: Fully operated, daily rate.
(7) Inventory. At the time of hire, the contractor shall provide a complete inventory of
the firefighting complements on the vehicle. A copy of the inventory shall be provided to
the Government fire expert and the procurement unit each time the vehicle is hired or
reassigned to an incident.
(8) For purposes of clarification, the water truck is intended for use in the following
operations: Dust abatement, water transfer, and hauling, including unloading into a porta-tank. Water trucks will not be used in direct support of suppression activities.
PRIVATE SECTOR WATER TRUCKS
Fully Operated
Fully Operated
Daily Rate
Daily Rate
Operators
Class
Single Shift
Double Shift
(per shift)
($)
($)
WTR1
1232
2112
1
WTR2
1036
1752
1
WTR3
798
1368
1
 See the following section for water truck typing, certification
form, and checklist.
 For unoperated daily rate, single shift deduct $438; for
unoperated daily rate, two operational periods, deduct $750.
WATER TENDER AND WATER TRUCK CLASSIFICATION
COMPONENTS
MINIMUM STANDARDS TYPE
1
2
3
Pump Capacity
(GPM)
300
200
200
Tank Capacity
(Gallons)
5,000 +
2500
1,000
Off Load Capacity
(GPM)
300
200
200
Maximum Refill Time
(minutes)
30
20
15
Personnel
(minimum number)
1
1
1
Drafting Capability
yes
Yes
yes
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 32 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
Additional Requirements for Water Tenders and Water Trucks
(1) Fully loaded tenders and trucks (including operators and accessory equipment)
conform to manufacturer’s gross vehicle weight rating (GVWR) and gross axle weight
rating (GAWR). This includes balancing the load in a manner that all axle weights
comply with the manufacturer’s gross axle weight rating. The contractor may be
responsible for providing certification from a professional mechanical engineer or other
expert in the field of design engineering, establishing the fact the design limits of the
equipment has not been compromised.
Preseason signup will require the unit to be fully loaded, with the contractor providing
weight tickets for the load from a certified scale. The weight tickets will be by individual
axle weight.
(2) Vehicles shall be licensed to carry the loaded GVW of the unit. Vehicles which
require a CDL operator when operating on public highways shall be furnished with and
operated by a licensed CDL operator at all times.
(3) Vehicles shall be configured in a manner that the vehicle meets the axle weights.
(4) Modifications of tanks to meet GVWR must be permanent; overflow devices and
water displacement devices are not allowed.
(5) At pre-season signup, contractor shall meet minimum standards and shall be
documented on Exhibits 02 through 05. At the time of hire, the contractor or cooperator
shall provide a complete inventory of the firefighting accessories on the vehicle. A copy
of the inventory shall be provided to the inspector and the procurement unit each time the
vehicle is hired or reassigned to an incident.
(6) Also see 24.3-2 General Guidelines and equipment hire.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 33 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
24.3-3 - Exhibit 01
NRCG MINIMUM REQUIRED COMPLEMENTS FOR
WATER TENDERS


























1½ inch nozzle, NH-combination; fog/straight stream (Plastic is acceptable)
1½ inch NH female to 1 inch NPSH male reducer
20 feet suction hose (minimum) with strainer or screened foot valve
Shovel, size 0
Pulaski
Spanner wrench, combination, 1½-2½
Adjustable hydrant wrench
2 adapters, 1½ inches NPSH female to 1½ inches NH male
2 adapters, ¼ turn to 1½ inches NH (1 female and 1 male each)
2 adapters, 1½ inches NH female to 1½ inches NPSH male
2 reducers, 2½ inches NH female to 1½ inches NH male
1 double male, 1½ inches NH
1 double female, 1½ inches NH
1 gated wye, 1½ inches NH
1 Forestry hose clamp - 2½ inches
1 first aid kit (five person)
Reflectors (1 set of 3)
Fire extinguisher (5 BC or better)
Wheel chocks (meets industry, standards for wheel chocks)
Fuel to operate pump and engine for 12 hours (minimum 5 gallons)
2 each, portable hand lights
100 feet of 1½ inches, cotton/synthetic hose, NH thread
50 feet of 2½ inches cotton/synthetic hose, NH thread
Discharge outlets: 2 each 1½ inches NH thread
Discharge outlet, 1 each 2½ inches NH thread
Tire Tread Depth equal to DOT Standards
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 34 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
24.3-3 – Exhibit 02
CERTIFICATION FOR WATER TENDERS
This certification is incorporated in and made part of Emergency Equipment Rental Agreement No.
________________________. The equipment listed herein meets all of the minimum requirements for
the equipment type.
EQUIPMENT TYPE
SERIAL NO.
LICENSE NO.
The following individuals meet all the personnel and training requirements for the position listed.
NAME
POSITION
The personnel listed above shall be provided with the equipment, in the numbers required by the
agreement and equipment typing configurations. The personnel and equipment qualifications are in
accordance with NRCG Supplement to Chapter 20 of the Interagency Incident Business Management
Handbook.
A copy of the Emergency Equipment Rental Agreement, along with this certification, shall be provided to
the Finance/Administration Section Chief or their designated representative immediately upon arrival at
the incident.
Failure to provide equipment meeting the typing configurations or the above-named personnel shall void
the payment schedule listed in Blocks 11, 12 and 13 of the agreement.
I certify that the above-listed equipment meets the minimum typing standards for the type listed. I also
certify that the above-listed personnel meet all of the qualification requirements for the position(s) listed.
Government Representative (Signature)
Contractor Representative (Signature)
Name and Title (Printed)
Contractor Name (Printed)
Home Unit
Address
Phone No.
City, State
Date
Date
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 35 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
24.3-3 - Exhibit 03
CHECKLIST FOR WATER TENDERS
Equipment Type
Serial No.
1. Pump Capacity (GPM)
2. Tank Capacity (Gallons)
3. Off Load Capacity (GPM)
4. Maximum Refill Time (Minutes)
5. Meets Personnel Standards
6. Baffled Tank
7. Back up Alarm
8. Complement Requirements:
1½ inch nozzle NH – combination; fog/straight stream (plastic or metal)
1½ inch NH female to 1 inch NPSH male reducer
20 feet suction hose (minimum) with strainer or screened foot valve
Shovel, size 0
Pulaski
Spanner wrench, combination 1½ to 2½
Adjustable hydrant wrench
2 adapters, 1½ inches NPSH female to 1½ inches NH male
2 adapters, ¼ turn to 1½ inches NH (1 female and 1 male ea.)
2 adapters, 1½ inches NH female to 1½ inches NPSH male
2 reducers, 2½ inches NH female to 1½ inches NH male
1 double male, 1½ inches NH
1 double female, 1½ inches NH
1 gated wye, 1½ inches NH
1 Forestry Hose Clamp - 2½ inches
1 first aid kit (5 person)
Reflectors (1 set of 3)
Fire extinguisher (5BC or better)
Wheel chocks (meets industry, standards for wheel chocks)
Fuel to operate pump and engine for 12 hours (minimum 5 gallons)
2 each, portable hand lights
1 each, 1,500-gallon minimum portable collapsible tank
100 feet of 1½ inches cotton/synthetic hose, NH thread
50 feet of 2½ inches cotton/synthetic hose, NH thread
Discharge outlets: 2 each 1½ inches NH thread
Discharge outlet, 1 each 2½ NH thread
Tire Tread Depth equal to DOT Standards
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 36 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
24.3-3 - Exhibit 03—Continued
GVWR
FRONT AXLE
REAR AXLE
9. Chassis Manufacturer’s
GVWR
10. Loaded Actual Weight
(from certified scale)
NOTE: Equipment not required by this list is carried at the contractor’s own risk.
Compensation will not be given for additional items. Please list additional items on the back
of this form. Attach to OF-296.
CONFIGURED AS ABOVE, THIS UNIT IS CLASSIFIED A TYPE ___________________
WILDLAND WATER TENDER.
Contractor’s Signature
Date
Inspector’s Signature
Date
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 37 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
24.3-3 - Exhibit 04
CERTIFICATION FOR WATER TRUCKS
This certification is incorporated in and made part of Emergency Equipment Rental Agreement
No. ___________________.
The equipment listed herein meets all of the minimum requirements for the equipment type.
EQUIPMENT TYPE
SERIAL NO.
LICENSE NO.
A copy of the Emergency Equipment Rental Agreement, along with this certification shall be
provided to the Finance/Administration Section Chief or their designated representative
immediately upon arrival at the incident.
Failure to provide equipment meeting the typing configurations shall void the agreement.
I certify that the above listed equipment meets the minimum typing standards for the type listed.
Government Representative (Signature)
Contractor Representative (Signature)
Name and Title (Printed)
Contractor Name (Printed)
Home Unit
Address
Phone No.
City, State
Date
Date
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 38 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
24.3-3 - Exhibit 05
CHECKLIST FOR WATER TRUCK
Equipment Type
Serial No.
1. Pump Capacity (GPM)
2. Tank Capacity (Gallons)
3. Off Load Capacity (GPM)
4. Maximum Refill Time (Minutes)
5. Spreader Bar or equivalent
6. Baffled Tank
7. Meets Personnel Standards
8. Wheel Chocks (Meet Industry Std.)
9. Fire Extinguisher (5BC or better)
10. Drafting Hose (20 ft w/strainer)
11. First Aid Kit (five person)
12. Tire Tread Depth equal to DOT Standards
13. Back-up Alarm
GVWR
Front Axle
Rear Axle
14. Chassis Manufacturer's GVWR
15. Loaded Actual Weight (from certified scale)
NOTE: Equipment not required by this list is carried at the contractor’s own risk.
Compensation will not be given for additional items.
Please list additional items on the back of this form.
Attach to OF-296.
CONFIGURED AS ABOVE THIS UNIT IS CLASSIFIED A TYPE _______________
WATER TRUCK
Contractor’s Signature
Date
Inspector’s Signature
Date
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 39 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
POTABLE WATER TRUCKS
The first source of supply shall be the DOI Bureau of Land Management 2007 Potable Water
Equipment Agreements. Current vendors and specifications can be found at:
http://www.fs.fed.us/r1/fire/nrcg/agree-contract/potable.html
Gray Water Trucks. Contractor is responsible for proper removal and disposal of wastewater.
Contractor is responsible for all permits. Disposal Fees will be reimbursed based on actual
receipts.
GRAY WATER TRUCKS
Size
500 - 999 gallons
1,000 + gallons
Fully Operated Daily Rate
$585 + $1.30/mile
$870 + $1.30/mile
Must be equipped with partitions that reduce the shifting of the water load, must meet GVWR
when fully loaded. Gray water trucks must possess a current DOT Mechanical Inspection. Gray
water trucks will not be used for a Tender or a Water Truck
ENGINES
First source of supply shall be the USDA Forest Service, Region 1, 2007 Waterhandling
Equipment Agreements.
a. Personnel Requirements for Engines.
(1) Satisfactorily completed an NWCG-approved physical fitness test.
(2) All engines are required to have a NWCG 310-1 qualified single resource bossengines and a Firefighter II. (See Exhibit 20 for training requirements)
(3) Fireline Safety Refresher Training or equivalent.
(4) The following Personal Protective Equipment is required and is provided by the
Contractor:

Boots - All leather, lace-up type, minimum 8 inches high with lug type sole in good
condition (steel toe boots are unacceptable).

Hardhat - Plastic, Class B, ANSI Z89.1, 1986, OSHA approved, with chinstrap.
Note: Hardhat meeting NFPA Standard 1977, 1998 Edition, is required.

Gloves - One pair of heavy-duty leather per person.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 40 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION

Eye Protection - One pair per person (meets standards ANSI 287, latest edition)

Head Lamp - One lamp per person with batteries and attachment for hardhat.

Canteen - 1-quart size, two per person required, four per person recommended (filled
prior to arrival at Incident).

Fire Shelter - One serviceable shelter per person. New Generation Fire Shelters will
be required for Contractors in 2009.

Flame Resistant Clothing - Shirt and trousers for routine fireline duties, flame
resistant clothing must:

Self-extinguish upon removal from heat source.

Act as effective thermal barrier by minimizing conductive heat transfer.

Not melt or shrink to any appreciable degree upon decomposition during exposure
to a high heat source.

Be manufactured from flame retardant treated (FRT) cotton, FRT rayon, FRT
wool, aramid (Nomex), or other similar fabric.
(5) In addition structural engine personnel shall have attended Firefighter 1 (NFPA
Standard 1001 Professional Structural Firefighter Qualification) or equivalent, or be
certified by the chief or their fire department as being able to perform at the Firefighter 1
level.
b. Tank Baffling. The water tanks must be equipped with partitions that reduce the shifting
of the water load. Engines shall have the water tank baffled in a manner that conforms to the
NFPA Standards for Mobile Water Supply Apparatus, or the American Society of
Mechanical Engineers standards or other industry-accepted engineering standards.
c. Inventory. At the time of hire, the contractor shall provide a complete inventory of the
fire fighting accessories on the vehicle. A copy of the inventory shall be provided to the
inspector and the procurement unit each time the vehicle is hired or reassigned to an incident.
d. Classifying. When classifying engines, all of the requirements for both equipment and
personnel must be met to be acceptable and must be certified by a Government fire expert
stating that both meet the minimum requirements. Equipment lacking this certification shall
not be signed up. It shall be the contractor's responsibility to obtain the certification prior to
dispatch.
When classifying Type 1 and 2 Structural Engines (E1 and E2) an agency Government fire
expert will certify the equipment meets the minimum requirements specified in NFPA 1901.
The Government fire expert is defined as a Government employee (local, State, or Federal)
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 41 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
who through their regular employment, works with and is knowledgeable regarding this type
of equipment.
e. Foam Units. Type 3-6 engines may have foam capabilities. The Government shall
provide the foam or make reimbursement only for approved chemicals when provided by the
contractor. A list of approved chemicals can be found at:
www.fs.fed.us/fire/tools_tech/index.html
If a Resource Order is placed for and the engine is equipped with Compressed Air Foam
System (CAFS), payment will be adjusted according to the hourly rates for the system shown
below. Hourly use shall be documented on a shift ticket. Payment shall be for hours of
actual use of the CAFS in addition to the daily rate for the engine.
35 – 50
51 - 85
86 - 120
121 – 200
201+
Cubic Feet/Minute
(CFM)
CAFS Allowance
With Pump and Roll
HOURLY RATE
CFM @ 150 PSI
CFM @ 150 PSI
CFM @ 175 PSI
CFM @ 175 PSI
CFM @ 200 PSI
$25.00
$41.00
$55.00
$69.00
$85.00
Criteria:
1. One GPM per one CFM MINIMUM water pump capacity at PSI rates required of the
compressor.
2. Pump & Roll 86+ CFM and above must have deck mounted cannon with stacked tips or
adjustable tips.
3. Pump & Roll 86+ CFM equipment must be able to pump water and foam while moving.
4. CFM, GPM, PSI and foam flow gauges are required.
5. Must be capable of injection of foaming agent into the water line at variable controlled
rates on discharge side of pump. (Be proportional)
6. System shall provide full foam delivery within 60 seconds after system is engaged.
7. Operator shall be experienced and knowledgeable of system operation, and be capable of
demonstrating their ability to operate the system.
8. Payment shall be for hours of actual use of the CAF System in addition to the daily rate
for the engine.
(3) Any other foam capabilities, such as eductor units, which siphon foam into the hose
system, or when the foam is dumped directly into the tank, will not be accepted.
f. Standard Method of Hire. Fully operated, daily rate.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 42 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
PRIVATE SECTOR ENGINES
Class
E1
E2
WE3
WE4
WE5
WE6
WE7
Structural
Engine I
Structural
Engine II
Wildland
Engine III
Wildland
Engine IV
Wildland
Engine V
Wildland
Engine VI
Wildland
Engine VII
Fully
Operated
Daily Rate
Single Shift
($)
Fully
Operated
Daily Rate
Double
Shift
($)
Unoperated
Daily Rate
Single Shift
($)
Unoperated
Daily Rate
Double
Shift ($)
Number of
Personnel
Per Shift
2548
4368
1484
2544
4
2142
3672
1288
2208
3
1864
3072
1114
1910
3
1425
2361
925
1586
2
1375
2275
875
1500
2
1265
2084
765
1312
2
878
1423
378
648
2
 See the following section for engine classification/requirements and engine certification and
checklist.
 Engine rate is to be used only when the equipment and personnel meet all requirements.
 Number of personnel is the minimum required per operational period (shift).
 Extra Engine Personnel $250.00 per day, must be ordered through the resource process.
 Rate reflect market value as determined by competitive process
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 43 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
CLASSIFICATION FOR ENGINES
MINIMUM STANDARDS - The following guide is to aid in the classification of engines.
When typing equipment all of the standards must be met to qualify the equipment. Failure to
meet any standard places the equipment in a lower type or disqualifies the equipment in its
entirety.
COMPONENTS
Pump
Capacity **
gpm
@
psi
Tank Capacity
(Gallons)
Minimum
Maximum
Hose, 2½ inches
(feet)
Hose,
1½ inch (feet)
Hose, 1 inch (feet)
Ladder (feet)
Master Stream
(GPM)
Personnel
(minimum
number)
MINIMUM STANDARDS FOR TYPE
1*
2*
3
4
5
6
7
1000+
@
150
500
@
150
150
@
250
50
@
100
50
@
100
50
@
100
10
@
100
400
None
400
None
500
None
750
None
400
750
150
400
50
200
1,200
1,000
400
500
500
300
300
300
-0-
-0-
500
300
300
300
200
***48'
***48'
3
2
2
2
2
500
4
3
*Type 1 and 2 Structural Engines must also meet minimum Specifications of NFPA
1901.
**All pumps shall have pressure gauges that meet the minimum pump pressure
rating.
***This includes 24’ extension ladder, 14’ roof ladder and 10’ attic ladder for a total
of 48’.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 44 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
ADDITIONAL REQUIREMENTS FOR ENGINES
1. When fully loaded (including operators and accessory equipment) will conform to
manufacturer's gross vehicle weight rating (GVWR). This includes balancing the load in
a manner that all axle weights comply with the manufacturer's gross axle weight rating.
The contractor may be responsible for providing certification from a professional
mechanical engineer or other expert in the field of design engineering, establishing the
fact the design limits of the equipment has not been compromised. Preseason signup will
require the unit to be fully loaded, with the contractor providing weight tickets for the
load from a certified scale. The weight tickets will be by individual axle weight.
2. All vehicles shall be licensed to carry the GVW of the loaded unit. Private sector
vehicles that require a CDL operator when operating on public highways shall be
furnished with a licensed CDL operator at all times.
3. Vehicles shall be configured in a manner that vehicle meets the axle weight ratings.
4. At pre-season signup, contractor shall meet minimum standards and shall be
documented on Exhibits 06 and 07. At the time of hire, the contractor or cooperator shall
provide a complete inventory of the firefighting accessories on the vehicle. A copy of the
inventory shall be provided to the inspector and the procurement unit each time the
vehicle is hired or reassigned to an incident.
5. All cargo and equipment not permanently attached to the vehicle shall be secured in
accordance with requirements found in 49 CFR 393.
6. Also see 24.3-2 general guidelines and equipment hire.
Listed below is the minimum required engine inventory:














2 nozzles, combination fog/straight stream, 1 inch NPSH female
2 nozzles, combination fog/straight stream, 1½” NH female
20 feet, suction hose with strainer or screened foot valve
2 shovels, size 0
2 pulaskis
1 spanner wrench, combination 1 inch to 1½ inches
2 gated wyes, 1½ inches National Hose (NH) threads
4 reducers, 1½ inches NH female to 1 inch National Pipe Straight Hose (NPSH)
male
2 adapters 1½ inches NH female to 1½ inches NPSH male
2 adapters 1½ inches NPSH female to 1½ inches NH male
2 increasers 1 inch NPSH female to 1½ inches NH male
2 adapters ¼ turn to 1 inch NPSH (1 female/1 male)
1 double male 1 inch NPSH threads
1 double female 1 inch NPSH threads
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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
















1 double male 1½ inches NH threads
1 double female 1½ inches NH threads
1 fire hose clamp
1 5-gallon container for drinking water
1 first aid kit (five person)
1 set of three (3) reflectors
1 fire extinguisher (5BC or better)
1 set of wheel chocks (Meet industry standards)
5 gallons (minimum), fuel to operate pump and engine for 12 hours
1 pump for water fill or have drafting capabilities
2 adapters ¼ turn to 1½ inch NH (1 female/1 male)
300 feet of ¾-inch synthetic garden hose – 50 foot sections
1 reducer 1 inch NPSH to ¾ inch GH
2 Adjustable nozzles ¾ inch
1 Mop up wand ¾ inch receptor for hose
1 Gated wye ¾ inch
5 Inline ball valves ¾ inch
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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24.3-3 – Exhibit 06
CERTIFICATION FOR ENGINES
This certification is incorporated in and made part of Emergency Equipment Rental Agreement No.
______________________. The equipment listed herein meets all of the minimum requirements for the
equipment type.
EQUIPMENT TYPE
LICENSE NO.
SERIAL NO.
The following individuals meet all the personnel and training requirements for the position listed.
NAME
POSITION
The personnel listed above shall be provided with the equipment, in the numbers required by the
agreement and equipment typing configurations. The personnel and equipment qualifications are in
accordance with NRCG Supplement to Chapter 20 of the Interagency Incident Business Management
Handbook.
A copy of the Emergency Equipment Rental Agreement, along with this certification, shall be provided to
the Finance/Administration Section Chief or their designated representative immediately upon arrival at
the incident.
Failure to provide equipment meeting the equipment type above shall result in a downgrade of typing and
a reduction in rate to the type level the equipment meets, as set forth in the Interagency Incident Business
Management Handbook, Chapter 20, NRCG Supplement. Failure of the equipment to meet a typing
configuration, or to provide the personnel, shall be considered as withdrawing the equipment. Withdrawal
shall be handled as set forth in the General Clause to the Emergency Equipment Rental Agreement,
Clause 8, and Paragraph b.
I certify that the above-listed equipment meets the minimum typing standards for the type listed. I also
certify that the above-listed personnel meet all of the qualification requirements for the position(s) listed.
Government Representative (Signature)
Contractor Representative (Signature)
Name and Title (Printed)
Contractor Name (Printed)
Home Unit
Address
Phone No.
City, State
Date
Date
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24.3-3 - Exhibit 07
CHECKLIST FOR ENGINES
Equipment Type
Vin. No.
1. Pump Capacity (gpm at psi)
2. Tank Capacity (Gallons)
3. Hose, 2 ½ Inches (Feet) (Type 1 and 2)
4. Hose, 1 ½ Inches (Feet)
5. Hose, 1 Inches (Feet)
6. Ladder (48 feet) (Type 1 and 2)
7. Master Stream (GPM) (Type 1 and 2)
8. Meets Personnel Standards
9. Tank Baffled
10. Back-up Alarm
11. Minimum Complements:
2 nozzles, combination fog/straight stream, 1” NPSH female
2 nozzles, combination fog/straight stream, 1 ½” NH female
20 feet minimum suction hose with strainer or screened foot valve
2 shovels, size 0
2 pulaskis
1 spanner wrench, combination 1” to 1-1/2”
2 gated wyes, 1-1/2” NH threads
4 reducers, 1-1/2” NH female to 1” NPSH male
2 adapters, 1-1/2” NH female to 1-1/2” NPSH male
2 adapters, 1-1/2” NPSH female to 1-1/2” NH male
2 increasers, 1” NPSH female to 1-1/2” NH male
2 adapter ¼ turn to 1 inch NPSH (1 female/1 male)
1 double male, 1" NPSH threads
1 double female, 1" NPSH threads
1 double male, 1-1/2" NH threads
1 double female, 1-1/2" NH threads
1 fire hose clamp
1 ea. required 5-gallon container for drinking water
1 ea. required first aid kit (five person)
1 ea. required set of three (3) reflectors
1 ea. required fire extinguisher (5BC or better)
1 ea. set required wheel chocks (meet industry standard)
5-gallon min. fuel to operate pump and engine for 12 hours
1 ea. required pump for water fill or have drafting capabilities
Tire Tread Depth equal to DOT Standards
300 feet of ¾-inch synthetic garden hose – 50 foot sections
1 reducer 1 inch NPSH to ¾-inch GH
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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2 adjustable nozzles ¾ inch
1 mop up wand ¾-inch receptor for hose
1 gated wye ¾ inch
5 Inline ball valves ¾ inch
GVWR
12. Chassis Manufacturer’s
GVWR
13. Loaded Actual Weight (from certified scale)
Front Axle
Rear Axle
NOTE: Equipment not required by this list is carried at the contractor’s own risk.
Compensation will not be given for additional items. Please list additional items on the
back of this form. Attach to OF-296.
CONFIGURED AS ABOVE THIS UNIT IS CLASSIFIED AS A TYPE _______ ENGINE.
Compressed Air Foam System__________ Metered Foam System__________ None____________
Length of Engine ________________________Width of Engine_______________________
Contractor’s Signature
Date
Inspector’s Signature
Date
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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SHOP TRUCKS
The rates are based on commercial heavy equipment shop trucks that include field repair and
maintenance as a major part of their normal business. The trucks are to be fully equipped with
welder, cutting torch, compressor, and tools.

TR 11, heavy equipment service trucks normally carry an auto crane with a capacity between
500 and 4,000 lbs., with more assorted mechanical tools, tool boxes, welder, cutting torch, air
compressor that is around 180 psi at 20 CFM, and specialized tools.

Services provided by TR11 shop trucks may include but is not limited to changing tires,
repair of steel tracks, repair of hydraulic hoses, fixing simple cracks in metal, removing and
replacing heavy parts on equipment, replacing bearings and seals. A generic code reader is
desirable.

TR 12, light service trucks normally carry limited mechanical tools, 10-ton lift jack, small
portable air compressor, limited specialized equipment, for minor field repairs or
maintenance.

Services provided by TR12, Light service shop trucks may include but is not limited to
General troubleshooting and repair of passenger cars and trucks, changing tires, repair and
carburetor adjustments on small engines, replacing bearings and seals. A generic code reader
is desirable.
The contractor shall be responsible for keeping records (using Incident Equipment Repair Order
form) of services and supplies used in repairing vehicles. Repair order forms will be turned in to
Finance after each operational period.
Note: These records are required by the Government to charge contractors for Governmentprovided services ($50/hr., rounded to nearest ½ hr.) and supplies (actual costs charged by Shop
Truck).
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DURATION: This supplement is effective until superseded or removed.
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SHOP TRUCKS
Class
Fully Operated
Daily Rate
($)
Fully Operated Daily Rate
Double Shift
($)
1992
Heavy equipment, diesel
mechanic with full service
truck
1584
Automotive, light truck,
small engine or chainsaw
mechanic with service truck
TR 11
1162
TR 12
924
 For additional mechanic, if ordered, increase daily rate by $434 (one operational period)
and $744 (two operational periods).
 Shop truck contractor is compensated at the daily rate only, and not through the repair
rate charged by the Government to individual contractors.
 All supplies for repairs will be charged to the contractor receiving the repair work.
FUEL TRUCKS
Instruct fuel truck operator to complete Emergency Equipment Fuel and Oil Issue, OF-304. The
contractor shall reconcile Emergency Fuel and Oil Issue (OF-304) tickets with the Finance
Section on a daily basis. When the contractor provides the fuel to Government and contract
vehicles, the agreement should state the basis of payment for the dispensed fuel, oil and
miscellaneous products. When the cost of fuel products are to be charged back to other
contractors, all tax paid on the fuel should be included in the price except when the Government
receives, or will receive a tax rebate, then the price should not include the tax. Tax rebates are
agency-specific.
Fuel tender shall be fully registered as a commercial vehicle and be current with all DOT, EPA,
and State inspection requirements. Vehicles which require a CDL operator when operating on
public highways shall be provided with a qualified operator at all times.
Fuel truck dispensing system must be so designed to eliminate the wrong product being
dispensed, e.g. gasoline being introduced into a diesel-powered vehicle due to the dispensing
system not being completely drained from the previous fueling. A separate dispensing system
for each product carried is required.
Fuel truck shall contain a certified meter to measure accurate deliveries.
Spill containment kits are required and must meet State hazardous materials containment
requirements. No separate payment will be made for nursing trucks or spill containment kits.
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DURATION: This supplement is effective until superseded or removed.
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Spreadsheet for the tracking of fuel issues may be found at:
www.fs.fed.us/r1/fire/nrcg (click on Committees, then click on Business and go to
Miscellaneous).
FUEL TRUCKS
Fully Operated
Fully Operated
Daily Rate
Daily Rate
Class
Size
Single Shift
Double Shift
($)
($)
TR13
1000-1499 gal
1330
2280
TR14
1500-2499 gal
1470
2520
TR15
2500+ gal
1610
2760
 Hazmat spill kit meeting State hazardous materials containment requirements.
 Fire extinguisher, 10BC or better.
 Chock blocks of appropriate size for tire diameter.
 Flashlight.
 Electric back-up alarm, minimum 87 DBL’s
 Reflectors, one set of three.
 Fuel will be paid at the pump price. Pump price will be established at the time of hire.
AMBULANCES - PRIVATE
Preferred method of hire is commercial rates. Use daily rate, and provide for reimbursement for
the expendable supplies. Operators may be hired at the appropriate agency rate. Ambulances
and operators shall meet State rules, regulations and licensing requirements where such exist.
The age, condition, and configuration of ambulances vary significantly and directly impact the
operational costs. The Medical Unit Leader shall ensure all individuals are qualified to do the
work requested.
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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CHAINSAWS
The first source of supply shall be the USDA Forest Service, Region 1, 2007 Faller Module
Agreements.
Federal agencies must comply with Agency direction in utilizing the Administratively
Determined (AD) pay schedule for fallers. The FS may not enter into EERAs for the
faller’s equipment.
For fallers not hired under the R1 Faller Module Agreement:

Operating supplies beyond fuel, oil, and filters are the responsibility of the contractor.
Any saw rented shall be a minimum 3.75 cubic inch displacement.

Fallers may be hired at the appropriate agency rate set forth in Chapter 10, Pay Plan for
Emergency Workers. The operator will normally furnish a vehicle, capable of traversing
mountainous terrain, hired at a flat daily rate ($33) for transportation to, from, and around
the worksite. The purpose of the vehicle is primarily to provide the sawyer with access to
tools and equipment.
CHAINSAWS
Class CS1
Unoperated Daily Rate
for Saw ($)
Unoperated Daily Rate
Sawyer Vehicle ($)
3.75+cubic inch
44
33
 Sawyer hired at appropriate personnel rates, first operational period fuel
and operating supplies provided by contractor.
 Each sawyer will only be compensated for one chainsaw. No
compensation for backup saws.
 Minimum saw size 3.75 cubic inches.
 A saw team is two people, a sawyer and a swamper, with one saw.
Swampers must be Class A qualified fallers (or equivalent). Note: Two
sawyers may also be ordered, with two saws, Class B or Class C
qualified, or equivalent. Must be specified on the resource order.
Additional Information on Chainsaws can be found on the NRCG web page under Chapter 20 at:
www.fs.fed.us/r1/fire/nrcg/Committees/business_committee.htm
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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REFRIGERATOR TRAILERS
Onsite pickup and delivery rates may be in addition to the unoperated daily rate. Rates for truckmounted refrigerator units will be significantly higher than trailer units and must be negotiated.
Use commercial rates when available.
REFRIGERATOR TRAILERS
Type
Trailer Length
Unoperated Daily Rate ($)
R1
36+ feet
150
R2
28 - 35 feet
122
R3
Up to 27 feet
88
Pickup and delivery rates may be in addition to the unoperated daily rate.
PORTABLE PUMPS
Class
Unoperated Daily
Rate ($)
P1
135.00
P2
63.00
P3
36.00
Remarks
Trailer-mounted low-pressure/high-volume pump
producing a minimum volume of 500 GPM. Contractor
provides intake and discharge hose.
Small low-volume/high-pressure portable pumps with
intake hose, capable of being transported by one or two
people. Pumps in this category are the Mark 26, Mark III
and Gorman Rupp, or similar type pumps.
Small low-pressure/high-volume portable pump that can
be transported by one or two people. These pumps are
similar to a Homelite or Honda trash pump.
SELF-STANDING PORTABLE WATER STORAGE TANKS
Capacity
1,000-1,999 gallons
2,000-3,000 gallons
Unoperated Daily Rate
$32.00
38.00
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PACK AND SADDLE STOCK
Fully equipped pack and saddle stock may be signed up separately from the packer(s). Packers
may be hired at the applicable rate in accordance with the Pay Plan For Emergency Workers, or
at commercial rates that include livestock. Costs of transporting stock to designated locations
may be paid as a separate item. Contractor is responsible to provide feed and veterinary
expenses. (Note: Provide only weed-free hay.)
PACK AND SADDLE STOCK
Class
PS

Daily Rate
Per Head
$50.00
Remarks
Wrangler hired through Pay Plan for Emergency
Workers or at commercial rates.
Use Commercial Rates if Available.
MOBILE OFFICES
Class
Remarks
OFFI
Daily, weekly or monthly commercial rates.
Note: Full service mobile offices (includes FAX, copy machines, operators, and so forth.)
should be negotiated on a case-by-case basis.
COPY/FAX MACHINES
Class
Various
Remarks
Use commercial rates when available. Rentals shall not exceed
acquisition cost, not including service, delivery/pickup and supplies.
TOILETS
The first source of supply for all agencies shall be the Montana DNRC 2007 Portable Toilet &
Handwash Station agreements.
PT1
Standard method of hire: Daily rate, which includes delivery, pickup,
servicing, plus mileage.
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ALL-TERRAIN VEHICLES
The preferred method of hire is Commercial Rates.
Class
ATV
Rate
Remarks
$80.00/day
 Tie-downs and ramps are included in daily
rate. Delivery and pickup negotiated
separately.
 Incident must provide operators, which
meet agency certification.
 Must be all wheel drive.
 No 3-wheel vehicles.
 No 2-stroke engines.
WEED WASHER
Invasive Species Management
Impacts of invasive weed introduction and spread are a growing concern in the Northern Rockies
with Fire Suppression and Fire Use activities. Equipment, vehicles and clothing are recognized
as the primary mechanism causing weed spread. To aid Agency Administrators, Resource
Advisors and Incident Management Team personnel, the following standards and guidelines for
weed wash containment stations, invasive species watch out situations, and decision matrixes for
ground and helibase operations are being provided.
Weed Wash Containment Stations
Contractor provided weed wash containment stations are responsible for removing all soil, plant
parts and seeds on fire fighting and support equipment. The lead agency is responsible for
determining the weed wash needs and type of unit(s) used and area(s) of placement. All
equipment assigned to an incident is subjected to washing, including fire engines, heavy
equipment, logging equipment, transports, etc.
Contractors are responsible for properly packaging solid waste material for transport to the
disposal site in a form that the incident management team or lead agency can dispose of. Wash
systems may be high pressure with low volume or low pressure with high volume. High
pressure systems have water pressures designated above 1000 pounds per square inch (psi),
while high volume systems deliver 10 gallons of water per minute or more. The vendor may use
a high pressure/low volume or high volume/low pressure system but the government expects the
vehicles to be clean and free of material in the cross members, frame, skid plates, belly pans,
wheels and other items on the underside of the equipment being washed. The Contractor is
responsible for ensuring the system used does not cause damage to the paint or electrical
connections of vehicles being washed. Contractors are also responsible for keeping the wash
station in repair and fully operational during the designated assignment.
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The Government is responsible for providing wash water to the wash site and removal of waste
water and solid waste. The Government is also responsible for inspecting washed equipment to
ensure that the wash station is meeting agreement requirements. If the wash station does not
meet the expectations of the Government, it may be removed and replaced with a different
system. Performance shall be documented on a performance evaluation form. (ICS-224)
utilizing the 10 point evaluation system. Contracting officers will make a determination of
quality and performance, and non-compliance or negligence will be grounds for termination of
agreement.
WW1
Self-Contained with Recycling Water System
WW2
Self-Contained with Non-Recycling Water System
Standard method of hire: Daily rates which includes delivery, pickup, servicing, plus mileage
and fully operated.
Type 1 (Class WW1): Self-Contained with Recycling Water System
a) Portable commercial power washers with two hand held, high pressure wands/nozzles.
These nozzles must be suitable to wash 100% of the underbody surfaces.
b) Underbody washer. The underbody washing system must have nozzles that can be
directed to within 45 degrees of vertical. The spray from these nozzles must be able to
cover 100% of the underbody surfaces.
c) A water source or storage tank. The water source or tank shall have adequate capacity
to operate the wash system continuously for a minimum of two hours.
d) Waste water shall be contained by the wash system. All wash residues shall be
removed from the tracking surfaces of the vehicle being washed before vehicle exits
system to prevent contamination to the exiting vehicle.
If water is recycled, water shall be filtered to a minimum of 100 Microns, or use a clean
water final rinse. Contractor is responsible for maintaining the quality of the recycled
water to ensure clean and safe washed equipment. Contractor shall maintain the
containment system in a functional condition at all times. Gray water must be disposed of
in accordance with wastewater requirements of the authority having jurisdiction.
e) Contractor shall place solid waste in a secure, easily transportable containment device
in consultation with the ground support or resource unit on the incident. Solid waste shall
be disposed of by the host Agency.
f) Process time to wash a single Wildland fire engine shall not exceed 5 minutes average
for any 10 fire engines.
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The Contractor shall provide a minimum of 2 skilled operators that are knowledgeable in
the removal of weed seeds, safe operation, maintenance and repair of the wash system.
These personnel shall be present at all times during the Incident Operational periods.
The wash system must comply with all applicable OSHA regulations related to operator
safety and all segments of the washer must be in operating condition with no missing parts.
All alternating current electric motors must be listed with Underwriters Laboratory.
Type 2 (Class WW2): Self-Contained with Non-Recycling Water System
The system shall have:
a) Portable commercial power washer with two hand held, high pressure wand/nozzles.
These nozzles must be suitable to wash 100% of the underbody surfaces.
b) A water source or storage tank. The water source or tank shall have adequate capacity
to operate the wash system continuously for a minimum of two hours.
c) Waste water must be disposed of in accordance with wastewater requirements of the
authority having jurisdiction.
d) Contractor shall place solid waste in a secure, easily transportable containment device.
Solid waste shall be disposed of by the host Agency.
e) Geotextile cloth. Amoco Geotextile cloth, Amoco 4553 or the equivalent, having no
greater than 100 micron openings shall be utilized. This cloth shall withstand heavy
truck traffic. A 15’ wide by 40’ piece shall be supplied by the Contractor and shall be
installed on a pad of gravel or a well drained surface that is provided by the Host Agency.
Contractor shall maintain the mat in a functional condition at all times.
d) Process time to wash a single wildland fire engine under normal conditions shall not
exceed 8 minutes average for any 10 engines.
The system may have:
a) A mechanical underbody washer. The underbody washing system must have nozzles
that can be directed to within 45 degrees of vertical. The spray from these nozzles must
be able to cover 100% of the underbody surfaces.
The Contractor shall provide two, skilled operators who are knowledgeable in the safe
operation, maintenance and repair of the wash system. Operators shall be able to
demonstrate knowledge, skills and abilities to mange all waste products from the washer
system. These personnel shall be present at all times during the Incident Operational
periods, and are responsible for the safe operation of the Wash station.
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DURATION: This supplement is effective until superseded or removed.
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The wash system must comply with all applicable OSHA regulations related to operator
safety and all segments of the washer must be in operating condition with no missing
parts. All alternating current electric motors must be listed with Underwriters
Laboratory.
25 - UNIQUE ITEMS
1. Procurement from Government Employees. The procurement of goods or services from
Government employees is agency-specific. For those agencies authorized to rent livestock or
equipment from Government employees, this alternative should be considered a last source of
supply. Documentation for hiring employee equipment must be included in the payment
package, with a copy remaining with the host unit.
25.2 - Government Telephone Systems
Purchase, rental or lease of any ADP or telecommunications services or equipment is agency
specific. For Federal agencies, all required technical approvals should be acquired prior to
ordering.
Cell Phones
Refer to Host Agency Operating Guidelines on specific guidance on use of all cell phones. All
cell phones and satellite phones should be procured through the incident agency. Use of personal
or home unit cell phones and satellite phones will not be reimbursed.
Prepaid Calling Cards
These cards will be of the smallest practical number of minutes and their distribution will be
controlled and
monitored by the requesting Incident Commander or Manager.
FS: Regular USDA FS Employees should obtain and use the standard MCI Federal Calling
Card while on Official Travel/Business (10 minutes for personal use/day is allowed).
Prepaid calling cards are primarily for temporary employees only. They can only be ordered
from the Regional Office Telecommunications Staff. Accountability is required for these cards.
ID/MT: The State of Idaho and State of Montana cannot purchase prepaid calling cards.
BLM – State/Center or benefiting activity funds may be used to procure a limited amount of
non-FTS-2001 prepaid calling cards on an as-needed basis.
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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26 - EERA ADMINISTRATION
26.3 - Documentation
4. Vehicle/Heavy Equipment Inspection Checklist, OF-296. At the time of hire, pre-use
inspections will be done by the hiring or using agency. The using agency will do a post-use
inspection on all equipment at the time of release.
All commercial motor vehicles shall have a current periodic (annual) vehicle inspection, which
meets the requirements of 49 CFR 396.17. A Commercial Vehicle Safety Alliance (CVSA)
sticker dated within the past year may be substituted.
26.6 - Contract Claims
Claims settlement is agency specific, and remains the responsibility of the incident agency.
Procurement personnel shall receive direction for claims resolution from the incident agency
upon assignment.
4. Federal Government Claims. Unless limited by agency policy or the Agency
Administrator, any Federal agency claim may be settled by a Level IC or higher GS-1102
Contract Specialist; and minor claims may be settled by GS-1105 Purchasing Agents. Minor
claims are interpreted to include claims that are evident as to existence, responsibility, and
reasonable in claimed amount. Claims settlements by a GS-1105 Purchasing Agent exceeding
$2,500 per claim shall be reviewed by a GS-1102 Contract Specialist.
5. State of Montana Claims. Claims arising on incidents are the responsibility of the
incident agency. Claims arising under the jurisdiction of the State of Montana are negotiated by
the responsible Line officer or agency Administrator. These individuals may delegate this
authority to other DNRC employees or to the Incident Management Team. When possible,
claims should be settled at the incident. For comprehensive information on handling claims
against MT DNRC, see the DNRC 300 Incident business management manual, or contact the
Business Management Bureau, Forestry Division, Department of Natural Resources and
Conservation, 2705 Spurgin Road, Missoula, Montana 59804; office phone: (406) 542-4328.
6. State of Idaho Claims. Settlements arising under the jurisdiction of the State of Idaho
can be negotiated by the incident Agency Administrator (Area Supervisor) up to $2,500.
Settlements exceeding $2,500 must be referred to the Idaho Department of Lands, Bureau of Fire
Management, Idaho, 3780 Industrial Avenue, Coeur d'Alene, Idaho 83815; office phone: (208)
769-1522.
7. State of North Dakota Claims. Claims against the State must be made in writing to the
Director of Office of Management and Budget. The claim must be filed within 180 days of when
the alleged injury was discovered or reasonably should have been discovered. Claim forms may
be requested from the Office of Management and Budget, 600 East Boulevard Avenue,
Department 110, Bismarck, ND 58505-0400; phone: (701) 328-4904.
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28 - EXHIBITS
Exhibits 01 through 14 are contained in the parent text. Chapter 20 Exhibits contained herein
are: (copies of full size forms are available at: http://www.fs.fed.us/r1/fire/nrcg)

Exhibit 15 – Emergency Equipment Rental Agreement (EERA), Form OF-294 (available
on the World Wide Web).

Exhibit 16 – 2006 EERA General Clauses, Form OF-294 (Rev 8-90), including FAR
Clauses Part 13

Exhibit 17 – 2006 EERA General Clauses (Commercial Item), including FAR Clauses
Part 12

Exhibit 18 – Classification for Commercial Driver’s License and Definitions of State
License Type Endorsements

Exhibit 19 – Land Use Agreement.

Exhibit 20 – Northern Rockies Personnel Requirements for Technical Specialists and
Contract Equipment.

Exhibit 21 – Aftermarket Equipment Certification Form.

Exhibit 22 – Incident Equipment Repair Order Form.
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DURATION: This supplement is effective until superseded or removed.
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28 - Exhibit 15
EMERGENCY EQUIPMENT RENTAL AGREEMENT
OPTIONAL FORM 294 (REV.8-90)
This form is available on the World Wide Web. To retrieve this form by going to the following
site: http://www.fs.fed.us/r1/fire/nrcg/Committees/business_committee.htm.
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28 – Exhibit 16
GENERAL CLAUSES TO EMERGENCY EQUIPMENT RENTAL AGREEMENT FORM OF-294
(Includes FAR Part 13 Clauses)
Replace all of the existing clauses on the back of the Optional Form 294, revised on August 1990,
with the following:
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 smokey 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 6, operating supplies include fuel, oil, filters,
lube/oil changes. Even though Block 6 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.
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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 (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 (column 12) shall apply when specified.
3. Guarantee. 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 (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)
1) Single Shift - (SS) is staffed with one operator or one crew
2) Double Shift - (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 shown on the Incident Action Plan. If the equipment was not operational for the full
shift, the deduction from the daily rate is calculated by converting the length of shift from the IAP to
determine the hourly rate and pay the contractor for the total hours worked before equipment became
nonoperational.
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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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.
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.
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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
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.
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.
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 tool such as a leatherman.
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
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.
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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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).
NOTE: THE APPLICABLE FEDERAL ACQUISITION REGULATION CLAUSES AND
TERMS AND CONDITIONS WILL BE INCORPORTATED AS AN ATTACHMENT AND WILL
BE A PART OF THIS AGREEMENT.
FEDERAL ACQUISITION REGULATION (FAR) CLAUSES
2006 UPDATE FOR EMERGENCY EQUIPMENT RENTAL AGREEMENT (EERA), FORM OF-294
Replace the existing FAR clauses on the back of the EERA form with the following:
52-213-4 - Terms and Conditions -- Simplified Acquisitions (Other Than Commercial Items)
(MAR 2007)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses
that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
(ii) 52.222-21, Prohibition of Segregated Facilities (FEB 1999) (E.O. 11246).
(iii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(iv) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.O.S,
proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
(v) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(vi) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 10877, 108-78).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (APR 1984).
(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).
(iii) 52.232-11, Extras (APR 1984).
(iv) 52.232-25, Prompt Payment (OCT 2003).
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(v) 52.233-1, Disputes (JUL 2002).
(vi) 52.244-6, Subcontracts for Commercial Items (MAR 2007).
(vii) 52.253-1, Computer Generated Forms (JAN 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless
the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2006)
(E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.)
(ii) 52.222-20, Walsh-Healey Public Contracts Act (DEC 1996) (41 U.S.C. 35-45)
(Applies to supply contracts over $10,000 in the United States, Puerto Rico, or the U.S.
Virgin Islands).
(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the
Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212) (Applies to
contracts of $25,000 or more).
(iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C.
793) (Applies to contracts over $10,000, unless the work is to be performed outside the
United States by employees recruited outside the United States.) (For purposes of this
clause, United States includes the 50 States, the District of Columbia, Puerto Rico, the
Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake
Island.)
(v) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the
Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212) (Applies to
contracts of $25,000 or more).
(vi) 52.222-41, Service Contract Act of 1965, As Amended (JUL 2005) (41 U.S.C. 351,
et seq.) (Applies to service contracts over $2,500 that are subject to the Service Contract
Act and will be performed in the United States, District of Columbia, Puerto Rico, the
Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston
Island, Wade Island, or the outer continental shelf lands).
(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (AUG 2003) (E.O.
13148) (Applies to services performed on Federal facilities).
(viii) 52.225-1, Buy American Act—Supplies (JUN 2003) (41 U.S.C. 10a-10d) (Applies
to contracts for supplies, and to contracts for services involving the furnishing of
supplies, for use within the United States or its outlying areas, if the value of the supply
contract or supply portion of a service contract exceeds the micro-purchase threshold and
the acquisition-(A) Is set aside for small business concerns; or
(B) Cannot be set aside for small business concerns (see 19.502-2), and does not
exceed $25,000.)
(ix) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration
(OCT 2003). (Applies when the payment will be made by electronic funds transfer (EFT)
and the payment office uses the Central Contractor Registration (CCR) database as its
source of EFT information.)
(x) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor
Registration (MAY 1999). (Applies when the payment will be made by EFT and the
payment office does not use the CCR database as its source of EFT information.)
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(xi) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB
2006) (46 U.S.C. Appx 1241). Applies to supplies transported by ocean vessels (except
for the types of subcontracts listed at 47.504(d).)
(2) Listed below are additional clauses that may apply:
(i) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (SEP 2006) (Applies to contracts over
$25,000).
(ii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).
(iii) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).
(iv) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b.
destination).
(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or
more clauses by reference, with the same force and effect as if they were given in full text. Upon
request, the Contracting Officer will make their full text available. Also, the full text of a clause may be
accessed electronically at this/these address(es):
http://www.arnet.gov/far/
or
http://farsite.hill.af.mil/
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform
to the requirements of this contract. The Government reserves the right to inspect or test any supplies
or services that have been tendered for acceptance. The Government may require repair or replacement
of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.
The Government must exercise its postacceptance rights –
(1) Within a reasonable period of time after the defect was discovered or should have been
discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due
to the defect in the item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an
occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as
acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity,
fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of
common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is
reasonably possible after the commencement of any excusable delay, setting forth the full particulars in
connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly
give written notice to the Contracting Officer of the cessation of such occurrence.
(f) Termination for the Government’s convenience. The Government reserves the right to terminate
this contract, or any part hereof, for its sole convenience. In the event of such termination, the
Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its
suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be
paid a percentage of the contract price reflecting the percentage of the work performed prior to the
notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of
the Government, using its standard record keeping system, have resulted from the termination. The
Contractor shall not be required to comply with the cost accounting standards or contract cost principles
for this purpose. This paragraph does not give the Government any right to audit the Contractor’s
records. The Contractor shall not be paid for any work performed or costs incurred that reasonably
could have been avoided.
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(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause
in the event of any default by the Contractor, or if the Contractor fails to comply with any contract
terms and conditions, or fails to provide the Government, upon request, with adequate assurances of
future performance. In the event of termination for cause, the Government shall not be liable to the
Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the
Government for any and all rights and remedies provided by law. If it is determined that the
Government improperly terminated this contract for default, such termination shall be deemed a
termination for convenience.
(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable
and fit for use for the particular purpose described in this contract.
(End of Clause)
ADDITIONAL FAR CLAUSES THAT APPLY TO EERA'S:
52.208-4
Vehicle Lease Payments (APR 1984)
52.208-5
Condition Of Lease Vehicles (APR 1984)
52.208-6 Markings Of Leased Vehicles (APR 1984)
52.236-7
Permits and Responsibilities (NOV 1991)
52.243-1
Changes - Fixed Price (AUG 1987) Alternate II (APR 1984)
52.232-36
Payment by Third Party (MAY 1999)
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28 - Exhibit 17
GENERAL CLAUSES TO EMERGENCY EQUIPMENT RENTAL AGREEMENT FORM OF-294
(For use with commercial items, FAR Part 12)
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. Time Under Hire: 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.
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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 (column 13) (hourly/daily/mileage/shift basis) 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 (column 14) shall apply when specified.
3. Guarantee. 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 15. 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 15. 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 (column 13) - 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)
1) Single Shift - (SS) is staffed with one operator or one crew
2) Double Shift - (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 shown on the Incident Action Plan. If the equipment was not operational for the full
shift, the deduction from the daily rate is calculated by converting the length of shift from the IAP to
determine the hourly rate and pay the contractor for the total hours worked before equipment became
nonoperational.
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.
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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. Subsistence: 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.
(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.
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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
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.
CLAUSE 15. Changes: 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.
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.
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
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 10 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 FAR size standards where average annual receipts for its
preceding 3 fiscal years do not exceed the established FAR thresholds in FAR Part 19.
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.
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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).
NOTE: THE APPLICABLE FEDERAL ACQUISITION REGULATION CLAUSES AND
TERMS AND CONDITIONS WILL BE INCORPORTATED AS AN ATTACHMENT AND WILL
BE A PART OF THIS AGREEMENT.
FEDERAL ACQUISITION REGULATION (FAR) CLAUSES
2006 UPDATE FOR EMERGENCY EQUIPMENT RENTAL AGREEMENT (EERA),
FORM OF-294
Replace any earlier versions of FAR clauses with the following:
52.252-2 - Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more
clauses by reference, with the same force and effect as if they were given in full text. Upon request, the
Contracting Officer will make their full text available. Also, the full text of a clause may be accessed
electronically at this/these address(es): http://www.arnet.gov/far/
or
http://farsite.hill.af.mil/
52.212-4
52.208-4
52.208-5
52.208-7
52.208-8
Contract Terms and Conditions—Commercial Items (FEB 2007)
Vehicle Lease Payments (APR 1984)
Condition of Lease Vehicles (APR 1984)
Markings of Leased Vehicles (APR 1984)
Permits and Responsibilities (NOV 1991)
52.212-5 - Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (MAR 2007)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses,
which are incorporated in this contract by reference, to implement provisions of law or Executive orders
applicable to acquisitions of commercial items:
(1) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).
(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer
has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items: [Contracting Officer shall check as
appropriate.]
XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate
I (OCT 1995) (41U.S.C. 253g and 10 U.S.C. 2402).
(2) 52.219-3, Notice of Total HUBZone Small Business Set-Aside (JAN 1999) (15 U.S.C 657a).
____(3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C 657a).
___ (4) [Reserved]
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XX (5) (i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).
___ (ii) Alternate I (OCT 1995) of 52.219-6.
___ (iii) Alternate II (MAR 2004) of 52.219-6.
___ (6) (i) 52.219-7 Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).
___ (ii) Alternate I (OCT 1995) of 52.219-7.
___ (iii) Alternate II (MAR 2004) of 52.219-7.
XX (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and
(3)).
XX (8) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2006) (15 U.S.C. 637(d)(4)).
___ (ii) Alternate I (OCT 2001) of 52.219-9.
___ (iii) Alternate II (OCT 2001) of 52.219-9.
XX (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).
XX (10) 52.219-16, Liquidated Damages – Subcontracting Plan (JAN 1999) (15 U.S.C.
637(d)(4)(F)(i)).
___ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business
Concerns (SEP 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate
in its offer).
___ (ii) Alternate I (JUN 2003) of 52.219-23.
___ (12) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and
Reporting (OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (13) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting
(OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
___ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside
(MAY 2004).
XX (15) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
___ (16) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2006) (E.O.
13126).
XX (17) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
XX (18) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
XX (19) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era,
and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).
XX (20) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).
XX (21) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam
Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).
XX (22) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees
(DEC 2004) (E.O. 13201).
___ (23)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated
Products (AUG 2000)(42 U.S.C. 6962(c)(3)(A)(ii)).
___ (ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).
___ (24) 52.225-1, Buy American Act Act—Supplies (JUN 2003) (41 U.S.C. 10a-10d).
___ (25)(i)52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (NOV 2006)
(41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286).
___ (ii) Alternate I (JAN 2004) of 52.225-3.
___ (iii) Alternate II (JAN 2004) of 52.225-3.
___ (26) 52.225-5, Trade Agreements (NOV 2006) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
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___ (27) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and
statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (28) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (AUG 2006) (E.O. 12849).
___ (29) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (AUG 2006)
(42 U.S.C. 5150).
___ (30) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.
255(f), 10 U.S.C. 2307(f)).
___ (31) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10
U.S.C. 2307(f)).
XX (32) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (OCT
2003) (31 U.S.C. 3332).
___ (33) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor
Registration (MAY 1999) (31 U.S.C. 3332).
___ (34) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).
___ (35) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
___ (36)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)
(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).
___ (ii) Alternate I (APR 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial
services, that the Contracting Officer has indicated as being incorporated in this contract by reference to
implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
XX (1) 52.222-41, Service Contract Act of 1965, as Amended (JUL 2005) (41 U.S.C. 351, et seq.).
XX (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and
41 U.S.C. 351, et seq.).
31361 Truckdriver, Light TruckWG-6 $16.68
31362 Truckdriver, Medium Truck
WG-7 $17.98
31362 Truckdriver, Heavy Truck
WG-8 $19.17
31364 Truckdriver, Tractor Trailer
WG-8 $19.17
___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple
Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002)
(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of
this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified
acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the
Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent
records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment
under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention,
of the other clauses of this contract. If this contract is completely or partially terminated, the records
relating to the work terminated shall be made available for 3 years after any resulting final termination
settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of
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claims arising under or relating to this contract shall be made available until such appeals, litigation, or
claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of form. This does not require the Contractor
to create or maintain any record that the Contractor does not maintain in the ordinary course of business
or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this
clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i)
through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below,
the extent of the flow down shall be as required by the clause-(i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and
(3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public
facility), the subcontractor must include 52.219-8 in lower tier subcontractors that offer subcontracting
opportunities.
(ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam
Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).
(iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C.
793).
(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees
(DEC 2004) (E.O. 13201).
(vi) 52.222-41, Service Contract Act of 1965, as Amended (JUL 2005), flow down required
for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).
(vii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)
(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of
FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a
minimal number of additional clauses necessary to satisfy its contractual obligations.
52.204-7 - Central Contractor Registration (JUL 2006)
(a) Definitions. As used in this clause"Central Contractor Registration (CCR) database" means the primary Government repository for
Contractor information required for the conduct of business with the Government.
"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and
Bradstreet, Inc. (D&B) to identify unique business entities.
"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by
D&B plus a 4- character suffix that may be assigned by a business concern. (D&B has no affiliation with
this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern
to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts
(see the FAR at Subpart 32.11) for the same parent concern.
"Registered in the CCR database" means that(1) The Contractor has entered all mandatory information, including the DUNS number or the
DUNS+4 number, into the CCR database; and
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(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer
Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record
"Active". The Contractor will be required to provide consent for TIN validation to the Government as
part of the CCR registration process.
(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective
awardee shall be registered in the CCR database prior to award, during performance, and through final
payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement
resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer,
the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the
offeror's name and address exactly as stated in the offer. The DUNS number will be used by the
Contracting Officer to verify that the offeror is registered in the CCR database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to
obtain one.
(1) An offeror may obtain a DUNS number(i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or
via the Internet at http://www.dnb.com; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and Zip Code.
(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the CCR database in the time prescribed by the
Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful
registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when
registering. Offerors who are not registered should consider applying for registration immediately upon
receipt of this solicitation.
(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR
database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data.
To remain registered in the CCR database after the initial registration, the Contractor is required to review
and update on an annual basis from the date of initial registration or subsequent updates its information in
the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does
not alter the terms and conditions of this contract and is not a substitute for a properly
executed contractual document.
(g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or
division name (whichever is shown on the contract), or has transferred the assets used in performing the
contract, but has not completed the necessary requirements regarding novation and change-of-name
agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum
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of one business day's written notification of its intention to (A) change the name in the CCR database; (B)
comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and
procedures specified by the responsible Contracting Officer. The Contractor must provide with the
notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this
clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a
properly executed novation or change-of-name agreement, the CCR information that shows the
Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect
information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer
(EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments,
as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR
Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database.
Information provided to the Contractor's CCR record that indicates payments, including those made by
EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information
within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(h) Offerors and Contractors may obtain information on registration and annual confirmation
requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.
52.247-21 - Contractor Liability For Personal Injury And/Or Property Damage (APR 1984)
(a) The Contractor assumes responsibility for all damage or injury to persons or property occasioned
through the use, maintenance, and operation of the Contractor's vehicles or other equipment by, or the
action of, the Contractor or the Contractor's employees and agents.
(b) The Contractor, at the Contractor's expense, shall maintain adequate public liability and property
damage insurance during the continuance of this contract, insuring the Contractor against all claims for
injury or damage.
(c) The Contractor shall maintain Workers' Compensation and other legally required insurance with
respect to the Contractor's own employees and agents.
(d) The Government shall in no event be liable or responsible for damage or injury to any person or
property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or
the action of, the Contractor or the Contractor's employees and agents in performing under this contract,
and the Government shall be indemnified and saved harmless against claims for damage or injury in such
cases.
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DURATION: This supplement is effective until superseded or removed.
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(INSTRUCTIONS TO CONTRACTING OFFICER—UPON COMPLETION OF THESE
PROVISIONS BY THE CONTRACTOR, RETAIN IN THE CONTRACT FILE)
52.212-3 - Offeror Representations and Certifications - Commercial Items (NOV 2006)
An offeror shall complete only paragraph (j) of this provision if the offeror has completed the annual
representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the
annual representations and certifications electronically at the ORCA website, the offeror shall complete
only paragraphs (b) through (i) of this provision.
(a) Definitions. As used in this provision:
"Emerging small business" means a small business concern whose size is no greater than 50 percent
of the numerical size standard for the NAICS code designated.
"Forced or indentured child labor" means all work or service(1) Exacted from any person under the age of 18 under the menace of any penalty for its
nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which
can be accomplished by process or penalties.
“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999,
except—
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9940, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10)
FSC 9630, Additive metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or
otherwise made or processed from raw materials into the finished product that is to be provided to the
Government. If a product is disassembled and resembled, the place of assembly is not the place of
manufacture.
"Service-disabled veteran-owned small business concern"-(1) Means 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 service-disabled veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) 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).
"Small business concern" means a concern, including its affiliates, that is independently owned and
operated, not dominant in the field of operation in which it is bidding on Government contracts, and
qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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"Veteran-owned small business concern" means a small business concern-(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.
101(2)) 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 veterans; and
(2) The management and daily business operations of which are controlled by one or more
veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or
more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by
one or more women; and whose management and daily business operations are controlled by one or more
women.
"Women-owned small business concern" means a small business concern-(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly
owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the
offeror is required to provide this information to a central contractor registration database to be eligible
for award.)
(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this
provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting
requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal
Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any delinquent amounts
arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting
contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided
hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
[ ] TIN: _____________________.
[ ] TIN has been applied for.
[ ] TIN is not required because:
[ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not
have income effectively connected with the conduct of a trade or business in the United States and does
not have an office or place of business or a fiscal paying agent in the United States;
[ ] Offeror is an agency or instrumentality of a foreign government;
[ ] Offeror is an agency or instrumentality of the Federal Government.
(4) Type of organization.
[ ] Sole proprietorship;
[ ] Partnership;
[ ] Corporate entity (not tax-exempt);
[ ] Corporate entity (tax-exempt);
[ ] Government entity (Federal, State, or local);
[ ] Foreign government;
[ ] International organization per 26 CFR 1.6049-4;
[ ] Other _________________________.
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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(5) Common parent.
[ ] Offeror is not owned or controlled by a common parent;
[ ] Name and TIN of common parent:
Name ___________________.
TIN _____________________.
(c) Offerors must complete the following representations when the resulting contract will be
performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small
business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer
that it [ ] is, [ ] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror
represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The
offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small
business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general
statistical purposes, that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR
124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a
small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not
a women-owned small business concern.
Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified
acquisition threshold.
(6) Women-owned business concern (other than small business concern). [Complete only if the
offeror is a women-owned business concern and did not represent itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern.
(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business
offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or
production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
___________________________________________
(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for
the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program.
[Complete only if the offeror has represented itself to be a small business concern under the size
standards for this solicitation.]
(i) [Complete only for solicitations indicated in an addendum as being set-aside for emerging
small businesses in one of the designated industry groups (DIGs).] The offeror represents as part of its
offer that it [ ] is, [ ] is not an emerging small business.
(ii) [Complete only for solicitations indicated in an addendum as being for one of the
targeted industry categories (TICs) or designated industry groups (DIGs).] Offeror represents as follows:
(A) Offeror's number of employees for the past 12 months (check the Employees column
if size standard stated in the solicitation is expressed in terms of number of employees); or
(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average
Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms
of annual receipts).
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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(Check one of the following):
Number of Employees
Average Annual Gross Revenues
__ 50 or fewer
__ $1 million or less
__ 51--100
__ $1,000,001--$2 million
__ 101--250
__ $2,000,001--$3.5 million
__ 251--500
__ $3,500,001--$5 million
__ 501--750
__ $5,000,001--$10 million
__ 751--1,000
__ $10,000,001--$17 million
__ Over 1,000
__ Over $17 million
(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price
Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small
Disadvantaged Business Participation Program--Disadvantaged Status and Reporting, and the offeror
desires a benefit based on its disadvantaged status.]
(i) General. The offeror represents that either-(A) It [ ] is, [ ] is not certified by the Small Business Administration as a small disadvantaged
business concern and identified, on the date of this representation, as a certified small disadvantaged
business concern in the database maintained by the Small Business Administration (PRO-Net), and that
no material change in disadvantaged ownership and control has occurred since its certification, and,
where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of
each individual upon whom the certification is based does not exceed $750,000 after taking into account
the applicable exclusions set forth at 13 CFR 124.104(c)(2); or
(B) It [ ] has, [ ] has not submitted a completed application to the Small Business
Administration or a Private Certifier to be certified as a small disadvantaged business concern in
accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no
material change in disadvantaged ownership and control has occurred since its application was submitted.
(ii) [ ] Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business
Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the
requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is
accurate for the small disadvantaged business concern that is participating in the joint venture. [The
offeror shall enter the name of the small disadvantaged business concern that is participating in the joint
venture:___________________.]
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small
business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small
Business Administration, and no material change in ownership and control, principal office, or HUBZone
employee percentage has occurred since it was certified by the Small Business Administration in
accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 126,
and the representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone small
business concern or concerns that are participating in the joint venture. [The offeror shall enter the name
or names of the HUBZone small business concern or concerns that are participating in the joint venture:
__________.] Each HUBZone small business concern participating in the joint venture shall submit a
separate signed copy of the HUBZone representation.
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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(d) Representations required to implement provisions of Executive Order 11246-(1) Previous contracts and compliance. The offeror represents that-(i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation; and
(ii) It [ ] has, [ ] has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that-(i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each
establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41
CFR parts 60-1 and 60-2), or
(ii) It [ ] has not previously had contracts subject to the written affirmative action programs
requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies
only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the
best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her
behalf in connection with the award of any resultant contract.
(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)
52.225-1, Buy American Act--Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this
provision, is a domestic end product and that the offeror has considered components of unknown origin to
have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign
end products those end products manufactured in the United States that do not qualify as domestic end
products. The terms "component", "domestic end product", "end product", "foreign end product", and
"United States" are defined in the clause of this solicitation entitled "Buy American Act--Supplies."
(2) Foreign End Products:
Line Item No.
Country of Origin
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR
Part 25.
(g) (1) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the
clause at FAR 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act, is included in
this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or
(g)(1)(iii) of this provision, is a domestic end product and that the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The terms
“Bahrainian end product,” "component,” “domestic end product,” “end product,” “foreign end product,”
“Free Trade Agreement country,” and United States” are defined in the clause of this solicitation entitled
"Buy American Act--Free Trade Agreements--Israeli Trade Act"
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end
products (other than Barainian or Moroccan end products) or Israeli end products as defined in the clause
of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act":
Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products:
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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Line Item No.
Country of Origin
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed
in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy
American Act--Free Trade Agreements--Israeli Trade Act." The offeror shall list as other foreign end
products those end products manufactured in the United States that do not qualify as domestic end
products.
Other Foreign End Products:
Line Item No.
Country of Origin
______________
_________________
______________
_________________
______________
_________________
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of
FAR Part 25.
(2) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate I (JAN
2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following
paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g) (1) (ii) The offeror certifies that the following supplies are Canadian end products as defined in
the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act":
Canadian End Products:
Line Item No.
__________________________________________
__________________________________________
__________________________________________
[List as necessary]
(3) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate II (JAN
2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the
following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g) (1) (ii) The offeror certifies that the following supplies are Canadian end products or Israeli end
products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements-Israeli Trade Act":
Canadian or Israeli End Products:
Line Item No.
Country of Origin
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade
Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of
this provision, is a U.S.-made or designated country end product, as defined in the clause of this
solicitation entitled "Trade Agreements."
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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(ii) The offeror shall list as other end products those end products that are not U.S.-made or
designated country end products.
Other End Products:
Line Item No
Country of Origin
______________ _________________
______________ _________________
______________ _________________
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of
FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.made or designated country end products without regard to the restrictions of the Buy American Act. The
Government will consider for award only offers of U.S.-made or designated country end products unless
the Contracting Officer determines that there are no offers for such products or that the offers for such
products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Debarment, Suspension or Ineligibility for Award (Executive Order
12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.)
The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-(1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared
ineligible for the award of contracts by any Federal agency; and
(2) [ ] Have, [ ] have not, within the three-year period preceding this offer, been convicted of or
had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a Federal, state or local government contract or
subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, tax evasion, or receiving stolen property; and
(3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a
Government entity with, commission of any of these offenses.
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order
13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under
this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced
or Indentured Child Labor, unless excluded at 22.1503(b).]
(1) Listed end products.
Listed End Product
Listed Countries of Origin
________________
___________________
________________
___________________
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in
paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking
the appropriate block.]
[ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision
that was mined, produced, or manufactured in the corresponding country as listed for that product.
[ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that
was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror
certifies that it has made a good faith effort to determine whether forced or indentured child labor was
used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of
those efforts, the offeror certifies that it is not aware of any such use of child labor.
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition
of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place
of manufacture of the end products it expects to provide in response to this solicitation is
predominantly—
(1) [ ] In the United States (Check this box if the total anticipated price of offered end products
manufactured in the United States exceeds the total anticipated price of offered end products
manufactured outside the United States); or
(2) [ ] Outside the United States.
(k) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph
(k)(2) of this provision do not automatically change the representations and certifications posted on the
Online Representations and Certifications Application (ORCA) website.
(2) The offeror has completed the annual representations and certifications electronically via the
ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror
verifies by submission of this offer that the representations and certifications currently posted
electronically at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items, have
been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this
solicitation (including the business size standard applicable to the NAICS code referenced for this
solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201),
except for paragraphs _____.
[Offeror to identify the applicable paragraphs at (b) through (j) of this provision that the offeror has
completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certifications(s) are also incorporated in this offer and are
current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only; and do not result in an
update to the representations and certifications posted on ORCA.]
(End of provision)
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EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
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28 - Exhibit 18
CLASSIFICATION OF COMMERCIAL DRIVER'S LICENSES
CLASSIFICATION
DEFINITION
Class D
This is the license that most people will carry. It covers any single
vehicle under 26,000 GVWR - Trailers under 10,000 GTWR - Vehicles
that carry 15 passengers or less including the driver. It is a regular noncommercial license.
Class C
All vehicles UNDER 26,000 lbs. that haul hazardous materials which
require placarding, or haul 16 or more passengers including the driver.
Trailers not more than 10,000 lbs. GTWR.
Class B
All single vehicles OVER 26,000 GVWR - Trailers not more than
10,000 GTWR - All vehicles that will carry 16 or more passengers
including the driver. Includes all vehicles under Class C or D.
Class A
Any combination of two or more vehicles, including trailer(s) in excess
of 10,000 lbs., articulated buses over 26,000 lbs., and all vehicles
authorized under Class B, C, and/or D.
Operators of vehicles that have a GVWR of 10,001 and greater and are engaged in
interstate commerce are required to have a current DOT medical examination card in their
possession.
DEFINITIONS OF STATE LICENSE TYPE ENDORSEMENTS
ENDORSEMENT
DEFINITION
Type 1
Allows the driver to operate a commercial motor vehicle in any state
(interstate). Must be 21 years of age or older.
Type 2
Limits the driver to operating a commercial vehicle in a single state
(intrastate). Must be 18 years of age or older.
M
When added to a Class A, B, C or D license, allows the driver to operate a
motorcycle or ATV on public roads.
H
When added to a Class A, B, or C license, allows the driver to haul
hazardous materials that require placarding per DOT regulations.
Allows the driver to operate a passenger vehicle carrying 16 passengers or
P
more including the driver.
N
When added to a Class A, B, or C license, allows the driver to operate a
tank vehicle transporting bulk liquid. Not required for "portable" tanks less
than 1,000-gallon capacity.
X
Allows the driver to haul hazardous material and operate a tank vehicle.
T
When added to a Class A license, allows the driver to operate any
commercial vehicle combination with two or more trailers.
A
Air Brake Restriction - placed on the commercial license of those who
ARE NOT qualified to operate air brake equipment vehicles.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 89 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
28 – Exhibit 19
LAND USE AGREEMENT
NORTHERN ROCKIES COORDINATING GROUP
AGREEMENT FOR RENTAL OF TEMPORARY, EMERGENCY FACILITIES
DEPARTMENT/AGENCY:___________________________________
INCIDENT NAME:_________________________INCIDENT REQUEST NUMBER________
INCIDENT ORDER NUMBER:_______________AGREEMENT NUMBER_______________
The owner of the property described herein, or the duly appointed representative of the owner, agrees
to furnish the facilities for use as _____________________________________________________.
This agreement shall remain in effect from _____________ to _________________.
DESCRIPTION OF FACILITIES:
Address of specific location. If street or highway address is unavailable, use distance from nearest
city, crossroads, or other significant landmark. The local description of how to get to the facilities is
also acceptable.
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
County
Range
State
Section
Approximate Area of facilities under agreement
Township
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 90 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
28 – Exhibit 19 Continued
Fill in the following drawing showing the facilities under agreement. Include buildings, roads,
paved areas, utility lines, fences, ditches, landscaping and any other physical features, which help
describe the area.
RATE: For each month or portion thereof that the facilities are used, the Government will pay
the sum of $__________ per month. Rent for a lesser period shall be prorated based on a month
being 30 days and rounded to the nearest dollar. Payment shall be in accordance with the
Incident Agency payment procedures. For Federal Agencies, payment will be made in
accordance with the Prompt Pay Act
Utilities: (check only one)
The above sum includes all utility charges.
The above sum excludes utility charges. The Government will pay to the owner the sum
determined due by the Contracting Officer based on
__________________________________
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 91 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
28 – Exhibit 19 Continued
Restoration: (check only one)
The above sum includes Government restoration of facilities. The Government shall restore
the owner’s facilities to their condition immediately prior to Government occupancy.
Restoration shall be performed to the extent reasonably practical. Restoration work includes:
______________________________________________________________________________
The above sum excludes restoration of facilities. Claims for reasonable costs incurred by the
owner in restoring facilities to their prior condition shall be submitted to the Contracting Officer.
Other - describe in detail: _________________________________________________________
ALTERATIONS: The Government may make alterations, attach fixtures or signs, erect
temporary structures in or upon the facilities, all of which shall be the property of the
Government. Alterations will be removed by the Government after the termination of the
emergency use.
ORAL STATEMENTS: Oral statements or commitments supplementary or contrary to, any
provisions of this Agreement shall not be considered as modifying or affecting the provisions of
this Agreement.
CONDITION REPORTS: A joint pre- and post-use physical inspection report of the facilities
shall be made and signed by the parties; the purpose of the inspections shall be to reflect the site
conditions existing at those times.
LOSS, DAMAGE, OR DESTRUCTION: The Government will assume liability for the loss,
damage, or destruction of facilities furnished under this Agreement, provided that no
reimbursement will be made for loss, damage, or destruction when due to (1) ordinary wear and
tear, or (2) the fault or negligence of the owner or the owner's agent(s).
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 92 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
28 - Exhibit 19 Continued
TERMS AND CONDITIONS: For Federal agencies, this Agreement is subject to the Prompt
Payment Act (31 USC 1801) and to Office of Management and Budget Circular A-125.
The following Terms and Conditions are incorporated by reference to 41 CFR:
Convict Labor (FAR 52.222-3)(JUN 2003)
Payments (FAR 52.232-1)(APR 1984)
Extras (FAR 52.232-11)(APR 1984)
Interest (FAR 52.232-17)(JUN 1996)
Availability of Funds (FAR 52.232-18)(APR 1984)
Prompt Payment (FAR 52.232-25)(OCT 2003)
Disputes (FAR 53-233-1)(JUL 2002) ALT I (DEC 1991)
Changes--Fixed Price (FAR 52.243-1)(AUG 1987)ALT I(APR 1984)
Termination for the Convenience of the Government (Services)(Short Form)(FAR 52.249-4)(APR
1984)
Termination for Default (Fixed-Price Supply and Service)(FAR 52.249-8)(APR 1984)
Owner or Owner’s Agent
Department/Agency
By: (Signature)
By: (Signature)
Printed Name and Title:
Printed Name and Title:
Date:
Date:
Address:
Address:
Tax ID:
Local contact:
(Incident Agency Procurement Contact)
Telephone:
Telephone:
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 93 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
28 – Exhibit 19 Continued
TEMPORARY FACILITIES, PRE AND POST INSPECTION
(Use additional pages if necessary)
PRE-USE INSPECTION:
Owner/Agent: (print name)
Government: (print name)
Signature:
Title:
Date:
Signature:
Title:
Date:
POST-USE INSPECTION:
Owner/Agent: (print name)
Government: (print name)
Signature:
Title:
Date:
Signature
Title:
Date:
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 94 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
28 – Exhibit 20
Northern Rockies Personnel Requirements for Technical Specialists and Contract Equipment
Classification
Dozers, skidders, skidgines,
superskidges, softtracks, fellerbunchers, graders, excavators (1)
Drivers of pickups, SUVs, sedans,
cargo
Buses
Transports
Water truck
(1)
Watertenders
(6)
Engines Types 1 and 2 (1) (4)
Engines Type 3-7
(3)
Shop Trucks
Fuel Trucks
Ambulances
Fallers/Swampers
Gray water
Potable water tender
Fire Crew Member
(7)
Camp Crew/Support Positions
Physical
Fitness Test
Fireline Safety
Refresher (5)
Personal Protective
Equipment
(PPE)
Light
Yes
Yes
No
Yes/No (2)
Yes/No (2)
No
No
No
Light
Light
Arduous
No
No
No
Light
No
No
Arduous
No
Yes/No (2)
Yes/No (2)
Yes
Yes
Yes
Yes
Yes
Yes/No (2)
Yes
Yes
Yes/No (2)
Yes/No (2)
Yes
Yes/No (2)
Yes/No (2)
Yes/No (2)
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes/No (2)
Yes/No (2)
Yes
Yes/No (2)
Training providers: www.fs.fed.us/r1/fire/nrcg/training_mou/training_providers.htm
(1) An agency FFT1 must accompany Position(s).
(2) On a case-by-case basis, some situations may require PPE and the annual refresher. If not staying
in camp, refer to Host Agency Operating Guidelines for requirements.
(3) Engines are required to have a NWCG 310-1 Qualified Single Resource Boss (Engine) and one
FFT2.
(4) Need to meet the requirements of NFPA 1051, Wildland Firefighter Professional Qualifications.
(5) Annual Fireline Safety Refresher Training is required for all personnel participating in fire
suppression activities who may be subject to assignments on the fireline; for example, technical
specialists, bus drivers and ground support personnel delivering resources to the fireline. The
minimum requirement is four (4) hours for Contract Resources and up to eight (8) hours, depending
on the hiring agency for Casual employees. Refresher training shall minimally consist of fire
shelter purpose and use, practice deployments, and any pertinent fire safety related topics, such as:
Fire Orders and Watch-Out Situations; Lookouts, Communications, Escape Routes, and Safety
Zones(LCES); Look Up, Look Down, and Look Around: and SAFENET at www.nifc.gov
(6) Must complete NWCG 310-1 required training for FF2, Physical Fitness Test is Light.
(7) NWCG 310-1 qualified and meet any additional agency specific required training for FFT2.
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 95 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
28 – Exhibit 21
AFTERMARKET EQUIPMENT CERTIFICATION
ORIGINAL EQUIPMENT
Description:
Serial Number:
Owner-Name:
Address:
Phone Number:
Operating Limitations:
AFTERMARKET EQUIPMENT
Owner-Name
Address
Phone Number:
Description:
Serial Number:
(Owner shall assign Serial Number if none is available – stamped on metal)
Tank Capacity
Gallons
Baffles:
Inlet:
yes
no (4”  minimum)
yes
no (3”  minimum)
Dump Value
If Yes, Size:
yes
no
ENGINEERING ANALYSIS
Engineer:
If yes, information on file located at:
CERTIFICATION OF AFTERMARKET EQUIPMENT COMBINED WITH
ORIGINAL EQUIPMENT AS TO COMPATABILITY (Does Not Exceed Operational
Limitations)
I certify that the addition of the prescribed aftermarket equipment will not exceed the
equipment operating limitations.
Engineer:
Date:
R1 SUPPLEMENT 5109.34-2007-4
EFFECTIVE DATE:
DURATION: This supplement is effective until superseded or removed.
5109.34_20
Page 96 of 96
FSH 5109.34 – INTERAGENCY INCIDENT BUSINESS MANAGEMENT HANDBOOK
CHAPTER 20 – ACQUISITION
28 – Exhibit 22
Incident Equipment Repair Order
1. Contractor’s Name
2. Date:
3. Incident Name:
4. Incident Number:
5. “E” Number
6. Equipment Description (include year, make, model, serial number):
7. Description of Work Performed
8. Labor: Inclusive hours (rounded to the nearest ½ hour) work was
9. Odometer Reading:
performed:
Total Labor Hours: __________X _________ = $__________
Hourly Rate
Total Labor
10. Parts and Accessories (Use reverse for additional Parts and Accessories if necessary):
Parts Used
Quantity
Unit Price
Total
$
$
$
$
TOTAL PARTS:
$
TOTAL LABOR (FROM BLOCK 8):
$
TOTAL OF EQUIPMENT REPAIR ORDER:
$
11. Signatures (must be legible):
Contractor’s Signature
Mechanic’s Signature:
Printed Name and Title:
Printed Name and Title:
Date:
Date:
Original = Finance
Copy = Contractor
Copy in Contractor’s OF-304
Posted to OF-286
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