GENERAL CLAUSES TO EMERGENCY EQUIPMENT RENTAL 
AGREEMENT FORM OF-294 (11-30-2004)

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

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

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

CLAUSE 6.  Payments
	a. Rates of Payments - Rates for equipment hired with Contractor Furnished operator(s) shall include all operator(s) expenses.  Payment will be at rates specified and, except as provided in Clause 7, shall be in accordance with the following:
1.	Work Rates (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, as shown on the Incident Action Plan.
b. If the Contractor withdraws equipment and/or operator(s) prior to being released by the Government, no further payment under Clause 6 shall accrue and the Contractor shall bear all costs of returning equipment and/or operator(s) to the point of hire.
c.	 After inspection and acceptance for use, equipment and/or furnished operator(s) that cannot be replaced or equipment that cannot be repaired at the site of work by the Contractor or by the Government in accordance with Clause 4, within 24 hours, may be considered as being withdrawn by the Contractor in accordance with Paragraph B above, except that the Government will bear all costs of returning equipment and/or operator(s) to the point of hire as promptly as emergency conditions will allow.
d. No payment will accrue under Clause 6 when the contractor is off shift in compliance with the mandatory “Work/Rest” and “Length of Commitment” provisions.  As an option to rotating personnel, or taking a mandatory day off, without pay, the contractor may be released from the incident.    

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

CLAUSE 9.  Loss, Damage, or Destruction - 
(a) For equipment furnished under this EERA without operator, the Government will assume liability for any loss, damage or destruction of such equipment, except that no reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees or Government employee owned and operated equipment.

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

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

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

CLAUSE 12.  Personal Protective Clothing and Equipment – The Government considers operators as fireline personnel who will use and wear specified articles of personal protective equipment.  
a. The following mandatory items will be issued by the Government, when not required to be furnished by the Contractor, to operators performing within the scope of this agreement:
	1.  Clothing:  (a) Flame resistant pants and shirts; (b) Gloves (Either Nomex or chrome tanned leather; (c) Hard hat; (d) Goggles or safety glasses.
2.   Equipment:  (a) Fire shelter; (b) Headlamp; (c) Individual First-Aid Kit;  
3.   Other items may be issued by the Government.
b. Operators shall wear the items of clothing issued and maintain the issued equipment in a usable and readily available condition.  Upon completion of the contract assignment, all issued items of clothing or equipment shall be returned to the Government.  Deductions will be made for all Government furnished protective clothing and equipment not returned by the Contractor.

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

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 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 8 of the EERA are added:  Information about business size is collected for tracking purposes only.
	a. SMALL BUSINESS is one that is independently owned and operated and is not dominate in the field for which it is being signed up, subject to the following size standards: (1) Motorcar and Truck Rental Without Operator - average annual receipts for its preceding 3 fiscal years do not exceed 12.5 million, (2) Equipment Rental With Operator - average annual receipts for its preceding 3 fiscal years do not exceed 3.5 million.
	b. SMALL DISADVANTAGED OWNED BUSINESS is a small business concern that is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business that has at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals and that has its management and daily business controlled by one or more such individuals.
c.	 WOMEN-OWNED SMALL BUSINESS is one that is at least 51 percent owned, controlled, and operated by a woman or women.
d.	 HUBZone Small Business concern means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.
	e. SERVICE DISABLED VETERAN OWNED SMALL BUSINESS ENTERPRISE  is a small business concern--(i)  Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.  Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
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.
52.252-2	Clauses Incorporated by Reference
52.202-1	 DEFINITIONS (APR 1984)
52.303-1	OFFICIALS NOT TO BENEFIT (APR 1984)
52.203-3	GRATUITIES (APR 1984)
52.203-5	COVENANT AGAINST CONTINGENT 	FEES (APR 1984)
52.222-3	CONVICT LABOR (APR 1984)
52.222-26	EQUAL OPPORTUNITY (APR 1984)
52.223-5	CERTIFICATION REGARDING A DRUG-	FREE WORKPLACE (MAR 89)
52-232-1	PAYMENTS (APR 19840
52.232-8	DISCOUNTS FOR PROMPT PAYMENT 	(APR 89)
52.232-11	EXTRAS (APR 1984)
52-232-17	INTEREST (APR 1984)
52.232.18	AVAILABILITY OF FUNDS (APR 1984)
52.232-25	PROMPT PAYMENT (APR 1989)
52.233-1	DISPUTES, ALTERNATE 1  (APR 1984)
52.236-7	PERMITS AND RESPONSIBILITIES (APR 	1984)
52.204-6	DATA UNIVERSAL NUMBERING SYSTEM 	(DUNS) NUMBER (OCT 2003)
52.252-6	AUTHORIZED DEVIATION IN CLAUSES 	(APR 1984)
52.232-33	PAYMENT BY ELECTRONIC FUNDS 	TRANSFER – CENTRAL CONTRACTOR 	REGISTRATION (Oct 2003)

THE FOLLOWING CLAUSES APPLY WHEN ACQUISITION EXCEEDS $2,500
52.222-4	CONTRACT WORK HOURS SAFETY 	STANDARDS ACT – OVERTIME 	COMPENSATION (MAR 1986)
52.222-36	 AFFIRMATIVE ACTION FOR 	HANDICAPPED WORKERS 9APR 1984)
52.222-41	SERVICE CONTRACT ACT – See 	applicable Wage Determination attached

THE FOLLOWING CLAUSES APPLY WHEN ACQUISITION EXCEEDS $10,000

52.219-8	UTILIZATION OF SMALL BUSINESS 	CONDERNS & SMALL DISADVANTAGED 	BUSINESS CONCERNS (JUN 1985)
52.222-21	CERTIFICATION OF NONSEGREGATED 	FACILITIES (APR 1984)
52.222-35 	AFFIRMATIVE ACTION FOR SPECIAL 	DISABLED & VIETNAM VETERANS 
	(APR 1984)

THE FOLLOWING CLAUSES APPLY WHEN ACQUISITION  EXCEEDS $25,000
52.215-1	EXAMINATION OF RECORDS BY 	COMPTROLLER GENERAL (APR 1984)
52.219-13	UTILIZATION OF WORMAN-OWNED 	BUSINESS (AUG 1986)
52.220-3	UTILIZATION OF LABOR SURPLUS AREA 	CONCERNS (APR 1984)

ADDITIONAL TERMS AND CONDITIONS APPLICABLE IF EQUIPMENT UNDER AGREEMENT CONFORMS WITH THE DEFINITIONS PROVIDED BELOW:
“Leasing” as used in this subpart, means the acquisition of motor vehicles, other than by purchase from private or commercial sources, and includes the synonyms “hire” and “rent.”  “Motor vehicle” means an item of equipment, mounted on wheels and designed for highway and/or land use, that (a) derives power from a self-contained power unit or (b) is designed to be towed by and used in conjunction with self-propelled equipment.  (FAR 8.1101)

52.208-4	VEHICLE LEASE PAYMENTS (APR 1984)
52.208-5	CONDITION OF LEASE VEHICLES
	 (APR 1984)
52.208-6	MARKING OF LEASED VEHICLES	 (APR 1984)