UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
http://www.blm.gov/

May 5, 2006

In Reply Refer To:
1510 (850) I

EMS TRANSMISSION 05/19/2006
Instruction Memorandum No. 2006-156
Expires: 09/30/2007

Program Areas: Procurement and Fire

Purpose: The purpose of this Instruction Memorandum (IM) is to provide procedures for hiring equipment contractors in support of emergency incidents using EERAs. In addition, Federal Acquisition Regulation (FAR) contract clauses (Attachments 4 and 5) and Service Contract Act wage rates for FY 2006 (Attachment 6) are provided.

Policy/Action: Interagency cooperation and planning are required to ensure that only one fire pre-season agreement is initiated with each contractor for the same piece of equipment (see Interagency Incident Business Management Handbook, Chapter 20, Acquisition (paragraph 24.3).

The pilot program of the Equipment and Training Inventory System (EaTIS) for FY 2006 includes a competitive solicitation and best value award process for engines, tenders and buses in Forest Service (FS) Regions 1, 5 and 6. For other equipment types, competitive solicitation processes to obtain the EERA rates should be implemented, where possible, as opposed to using standard rates, with a goal of all EERAs being competitively awarded within 3 years.

For equipment contractors hired at the incident (not on an existing EERA), the duration of the EERA shall be for that incident only using the rates identified in the geographic area supplements to Chapter 20 of the Interagency Incident Business Management Handbook.

National standards for equipment typing and method of hire, found at http://soro.r6.fs.fed.us/eatis/corresp_ref.htm will be adopted as they become available, and they will be programmed into EaTIS for use in FY 2007. To the extent possible, EERAs issued in FY 2006 should begin using the new standards.

Past performance and equipment condition are key elements used by the Contracting Officer in the best value selection process. Dispatchers will use this information to dispatch the equipment presenting the best value. The EaTIS includes a method of collecting and maintaining past performance data. In the interim, performance evaluations should be collected using Form ICS-224, Crew Performance Rating (Attachment 1), for use in making best value determinations in FY 2007. An electronic version of this form can be found at http://www.nwcg.gov/teams/ibpwt/forms/index.htm.

The National Wildfire Coordinating Group recently approved and released a new EERA form for testing during the FY 2006 fire season. Options Form (OF) OF-294, Emergency Equipment Rental Agreement (Attachment 2), and OF-294, Emergency Equipment Rental Agreements (Continuation) (Attachments 3), and new FAR general clauses (Attachment 4) are also available electronically at http://www.nwcg.gov/teams/ibpwt/index.htm.

Revised FAR clauses (Attachment 5) shall be incorporated into all EERAs, replacing any earlier versions. Attachment 5 includes provisions found at FAR 52.212-03, Offeror Representations and Certifications – Commercial Items. Upon completion of these provisions by the contractor, they shall be retained in the contract file.

Service Contract Act wage rates for FY 2006 are found in Attachment 6 and must be incorporated into all EERAs.

Timeframe: This policy is effective immediately.

Background: Several areas of concern have been identified in past processes used to hire contractors during emergencies by both the FS and the Department of the Interior. The FS Regions 1, 5 and 6 are currently piloting a new system EaTIS, that will address these issues. The Bureau of Land Management Montana and California State Offices are participating, to a limited extent, in the pilot. The EaTIS is a web-based system intended for interagency use in FY 2007.

Budget Impact: No significant budget impact is anticipated.

Manual/Handbooks Affected: None.

Coordination: This IM was coordinated with the Incident Business Practices Group and the State Procurement Analysts.

Contact: For additional information or clarification, please contact Linda Johnson, Fire Procurement Analyst (WO-850), at 602-906-5662.

6 Attachments

1 - Form ICS-224, Crew Performance Rating (1 pp)
2 - Form Optional Form - 294, Emergency Equipment Rental Agreement (1 p)
3 - Form Optional Form - 294, Emergency Equipment Rental Agreement (Continuation) (1 p)
4 - General Clauses to Emergency Equipment Rental Agreement Form OF-294 (3 pp)
5 - Federal Acquisition Regulation Clauses (15 pp)
6 - Service Contract Act Wage Determination No. 1995-0221, Rev. No. 15 (6 pp)