BEST VALUE Q & A FORUM 2011 DISP WKSP

BEST VALUE Q & A FORUM 2011 DISP WKSP Richard Nieto, USFS R-3 Asst Director Fire Operations Anne Weiskircher, R-3 Regional Fire Contract Officer, AQM KenanJaycox, R-3 SWCC Coordinator

USFS Dispatch Protocols Engines, Water Tenders • Background: • The past fire season has highlighted the need for further clarification on the policy and intent of managing Forest Service (FS) Best Value equipment, specifically, engines and water tenders. In response to Congressional inquiries and Office of Inspector General (OIG) audits on use of contract resources, dispatch protocols were developed for engine and water tender use on wildfire incidents on National Forest land only. The objective of this action is to ensure that the U. S. Government receives “Best Value” service, particularly in view of escalating wildland fire suppression costs. • During the past year, the FS Regional Fire & Aviation Management staff have worked with Arizona State Forestry Department to discuss options associated with protocol development. In compliance with the FS OIG audit of extended attack fires on lands under FS jurisdiction, the FS will use contracted resources under the FS competitive agreement (Best Value) following depletion of Federal and State-owned resources.

USFS Dispatch Protocols Engines, Water Tenders • Key Points: • General Procedures: Southwest Geographic Area resource requests for engines and/or water tenders will be by type per National Wildfire Coordinating Group (NWCG) standards. Dispatchers will follow the “closest forces” concept and use locally available resources according to agency and incident need (date and time needed). However, tribal preference policies apply within reservation boundaries. • Initial attack:During the initial attack phase of a fire, the agency or agencies having jurisdiction can use any and all types of engines and water tenders (Federal, State, local, or tribal government; private contractors; FS Best Value Equipment; State agreement equipment; or incident-specific emergency equipment). During initial attack, the use of Dispatch Priority Lists is not mandatory.

USFS Dispatch Protocols Engines, Water Tenders • Extended Attack : If a fire exceeds initial attack on FS jurisdiction, orders placed to any local dispatch center will be filled in the following order: • Federal • State-owned • FS Best Value • Local fire department and State-contracted resources • Contact: Anne Weiskircher, USFS AQM Ground Fire Operations Contract Officer, (928-333-6310 or cell 505-414-4266), • Richard Nieto, USFS Asst Director Fire Operations Fire & Aviation Mgmt Southwestern Region (505-250-4573)

R-3 Best Value Stats 2010Number of Resources by Dispatch Centers:

Price Comparison Daily Rates

Scenario 1 An expanded dispatcher receives a request from the incident for a T-3 Engine and none are available locally. The dispatcher does see however that a neighboring dispatch center has several vendors who have T-3 Engines. The dispatcher calls the #1 ranking vendor and it is available. The order is then “filled with agreement” in ROSS and appropriate travel is entered. Was this an appropriate action by the dispatcher?

Scenario 1 Answer • NO! • Dispatchers should always place orders to their neighbor or SWCC when they cannot be filled locally. • Dispatcher should not call vendors on another office’s DPL (even if you are just checking availability). • “Fill with agreement” is not used for Engines or Water Tenders. These are items that are statused in ROSS. Enter into ROSS as a “resource item.” • Refer to USFS Eng/Wt Dispatch Protocol Ltr

Scenario 2 An agency engine needs to be released from a fire to meet work rest standards and no other agency engines or state owned engines are available for replacement. The IC substitutes a contract engine for a federal or state-owned resource due to unavailability. Is this acceptable?

Scenario 2 Answer • YES • Utilize USFS Engine/WT Dispatch protocol Letter • USFS can assign Best Value Contract Engine provided they have been inspected prior to incident. • Current Solicitation also provides for use in Severity Situations if host forest has approved severity request for best value resource.

Scenario 3 • Three T6 Engines (No Restrictions) are requested for a T3 Incident on BLM Land. Three BV Engines are requested and arrive at pre-inspection site and one engine fails the inspection. The IC was notified and asked if the engine could fix the bad tires and continue to the incident. The IC said that the engine could. Other vendors were upset and felt that the next engine on the DPL should have been called. How should this be handled?

Scenario 3 Answer • D.17 INCIDENT PRE-USE INSPECTION • All resources furnished under this agreement shall be in acceptable condition. The Government reserves the right to reject resources that are not in safe and operable condition. • If the resource does not pass inspectionat the incident or designated inspection station, it is considered noncompliant. The Contractor may be given 24 hours or time frame designated by Government representatives ( IC, Host Unit Equipment Inspector) to bring the resource into compliance. • Ensure Pre-use inspection is completed by Host Dispatch Zone.

Scenario 4 • When can you start ordering BV resources?

Scenario 4 Answer • Anytime. • Best value resources can be used in Initial Attack, Extended Attack, and under Severity Authority if needed. • Refer USFS Dispatch Protocol Ltr • Ensure Pre-use inspection complete if in Type 3, 4, 5 incident as in most cases equipment inspectors will not be on scene as opposed to Type 1, 2 incidents.

Scenario 5 • A good equipment dispatcher who is beginning an assignment will always locate the hard copy printouts of the DPL’s for quick reference when needed.

Scenario 5 Answer • NO! • Dispatchers should always reference the website for the most up to date DPL’s. • CRITICAL NOTE: Ensure in Expanded operations to have all your personnel briefed on local and current agreements with clear understanding on DPL within your zone. • Most (OIG/Vendor) concerns are in this area of due process in mobilization of resources.

Scenario 6 An engine ranking #1 on a DPL was ordered, released, and is in travel status home. Another order comes in, and the dispatcher calls the #2 ranking vendor and fills the order. Was this action correct?

Scenario 6 Answer • Based on availability and DTN. • D.5. AVAILABILITY • The Contractor is responsible for maintaining their current status by informing their host dispatch center of their availability, or if available, self-status in ROSS. When contract resources are unavailable, the resources will not be eligible for dispatch under the Agreement. • D.6.9 RELEASE • Once released to the host dispatch center, the Contractor shall not accept new resource orders directly, nor seek out reassignments. Any new orders will originate from the host dispatch center. • Check with #1 on DPL and can they meet DTN. • Ensure they meet work rest guidelines prior to assignment

Scenario 7 • A Best Value contractor calls Expanded and is very angry about not being hired yet and says that the IMT at the incident said they want to hire him and asks where his resource order is. What do you do?

Scenario 7 Answer • BV resources are hired according to placement on the DPL, not the preferences of the incident IMT. • Vendors have been counseled not to harass or continually inquire on their status with their respective host DPL as they should be self-statusing themselves in ROSS. • Concerns of this nature--Contact Anne Weiskircher, Rich Nieto or Kenan Jaycox will be sure to follow-up

Scenario 8 • A Best Value contractor gets in a vehicle accident on the incident. What are the host agencies responsibilities?

Scenario 8 Answer • Mitigate loss of life or limb by calling an ambulance, if necessary. If the contractor employee is not able to notify his company, Government should notify. • C.7 CONTRACTOR LIABILITY • The Contractor assumes responsibility for all damage or injury to persons or property, etc. • 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. • Ensure your Dispatch Logs document incidents of this nature with review of contract specs prior to committing or procuring resources for such events. Call Anne .

Scenario 9 • A vendor walks into Expanded and says he wants to sign up for a BV contract and his engine is out in the parking lot ready to be inspected. What should you do?

Scenario 9 Answer • Inform the vendor that BV agreements are only solicited every three years and no new vendors or equipment can be added in the middle of the period. • This should not occur given the process for inspection as they have to meet NWCG Standards and qualifications. • Dependent on DTN for incident; if your zone has no BV you might inquire on the next closest zone who hosts BV for proximity. • Keep in mind you may have rare incidents a local vendor who did not meet the specs in 2010 can sign-up incident only if all other BV resources are not available. If in doubt call Anne W.

Scenario 10 • An IMT asks for a Water Tender and you've exhausted all resources...what questions do you need to ask ORDM?

Scenario 10 Answer • Inquire on proximity of BV resources in adjacent zone • Refer to USFS Engine/WT Dispatch protocol Letter. • Important to note jurisdictional agency responsible for fire. If the fire is non-USFS, they only need to follow-our rotation schedule as this will not change. • Verify with ORDM (DTN)

Scenario 11 • A multiple jurisdiction incident (50% USFS land) with a NPS IC calls expanded and says that they want a specific engine/vendor located 10 miles from the incident and to have them there by 0600 in the AM. What are some considerations as to why you should or shouldn’t honor this request?

Scenario 11 Answer • Refer to the Dispatch Protocol Letter • In some cases Cost-Share Agreements will be in place based on Multi-jurisdiction incidents. • Work with your local-IBA and Finance Chief with team. If no team assigned, call Anne W, Rich/Kenan. • Verify DTN (Intel gathering from IC,ORDM) in order to back up your documentation)

Scenario 12 • If a BV vendor calls and asks if they can sign up with the State as well as keep their BV contract, what should we tell them? If acceptable, how would this affect dispatching this vendor?

Scenario 12 Answer • BV resources can signup for state contract as well. Important to differentiate what contract they’re under. If in Federal lands (USFS ) they’re tied to our contract. If under work for the state they have to use contract rates from the state. Important for host DPL to ensure clarity on this subject pre-season. • If resource request is from state of AZ, they have to honor our rotation.

Scenario 13 • *Should BV resources ever be filled under the Fill w/Agreement in ROSS?

Scenario 13 Answer • Depends on which type of resource. • Typically “service” items are fill with agreement and everything else (engines, tenders, dozers, etc) are statused as resource items in ROSS. • See the SOG, pages 10 & 11

Scenario 14 • Can a BV vendor have pieces of equipment in two or more different Dispatch offices and if so, can they use any of their like equipment when they are ordered?

Scenario 14 Answer • YES • They can have different pieces of equipment in other dispatch zones. • No, the vendor cannot substitute any of their other equipment. The Resource has the priority on the DPL, not the vendor. • Must meet DTN in order to fill resource request.

Scenario 15 • There are Fire Department Engines available, as well as BV. Who gets hired first? What are the things to consider when hiring?

Scenario 15 Answer • Refer to USFS Dispatch Protocol Ltr 12/17/2010 . • Important to note Initial Attack and Extended Attack portion of protocol as in some cases local FD may have jurisdiction and/or agreements based on matrix land which borders on USFS. • If USFS jurisdiction protocol outlines order.

Scenario 16 • What sorts of things should we be documenting when dealing with resource orders for BV contracts?

Scenario 16 Answer • Dispatch Intel gathering should clearly validate DTN from requesting IC, some degree of idea on how long the incident will occur in order to document your next decision on filling the order. • Special Request needs (Special Attribute Vendor provides in the BV solicitation which would warrant deviating from BV#1 to BV#3) BV#3 has a necessary item which warranted the deviation (DOCUMENT /DOCUMENT/ DOCUMENT !!!) • Document Post Performance and ensure IC provides evaluations on how vendors performed.

Scenario 17 • A BLM unit is going into severity and needs a T-4 Engine, but no agency resources are available in the GACC. The dispatcher asks you to fill with a USFS BV resource. Can you do this?

Scenario 17 Answer • YES • Ensure Host USFS DPL conduct pre-use, preseason inspection prior to assignment to non-USFS incident. • Ensure DPL rotation order is followed. • For all USFS Engine/Wt order check with adjoining zones on availability validate with IC DTN.

Scenario 18 • A GIS unit hired on an incident also has the capability of performing as a Mobile Office. The vendor shows up as #1 on the GIS DPL and #3 on the Mobile Office DPL. Can the IMT ask the vendor to begin Mobile Office Support at the same time as GIS because it is the Best Value to the Government since he is already there?

Scenario 18 Answer • No. • The Mobile Office who is #1 on the DPL needs to be ordered.

QUESTIONS ? • Contacts: Anne Weiskircher, USFS AQM Ground Fire Operations Contract Officer, (928-333-6310 or cell 505-414-4266), • Richard Nieto, USFS Asst Director Fire Operations Fire & Aviation Mgmt Southwestern Region (505-250-4573) • KenanJaycox, R-3 SWCC Coordinator • (505-362-7004)

BEST VALUE Q & A FORUM 2011 DISP WKSP