BEMAR: Essential Maintenance & Repair Backlog Evaluation
This content explores BEMAR, the backlog of essential maintenance, alteration, and repair in Indian health care facilities. It discusses funding agreements, maintenance activities versus projects, and the assessment of facility conditions. Learn about BEMAR background and its implications for health care delivery and sustainability initiatives.
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Presentation Transcript
BEMAR: Funding Agreement vs. TV Construction Project Agreement Gary J. Hartz, P.E., RADM USPHS (ret.) Director, Office of Environmental Health and Engineering
Maintenance and Improvement (M&I) Appropriations Demolition Funds To dispose of Federally-owned buildings that are vacant, excess, obsolete and/or a safety hazard Earmarked amount from M&I Appropriation Environmental Compliance (EC) Funds To address environmental audit findings and other sustainability initiatives Earmarked amount from M&I Appropriation Routine Maintenance Funds maintenance and minor repair to keep facility in its current condition Allocation based on the Modified University of Oklahoma Formula (MUOF) Funds transferred to T/TOs in their AFAs/FAs as part of their Secretarial amount M&I project funds Remaining M&I funds after subtracting the MUOF (maintenance), the Demolition, and EC amounts For projects to reduce the BEMAR and make Improvements necessary to support health care delivery
BEMAR Background BEMAR: Backlog of Essential Maintenance, Alteration, and Repair Is a measure of the condition of health care facilities in the Indian health system Establishes priorities for larger M&I projects BEMAR for all IHS and reporting Tribal health care facilities as of October 2018 is $648.9 million The condition of facilities are evaluated through routine observations and by in-depth condition surveys. These observations and surveys identify facility, fire-life-safety, and program deficiencies
Maintenance Activities vs. Projects Maintenance Activities Include: Lubricating, adjusting, calibrating, painting; replacing components and other actions to assure continuing service Preserving on schedule, preventing the deterioration of contiguous and associated components or equipment Restoring structures or equipment to its proper operating condition. Repairs are "curative" maintenance Unscheduled work requiring immediate action to restore services or remove problems that could interrupt activities
Maintenance Activities vs. Projects Construction Projects Are: Defined as an organized noncontinuous undertaking to complete a specific set of predetermined objectives for the planning, environmental determination, design, construction, repair, improvement, or expansion of buildings or facilities . . . 25 U.S.C. 5381(a)(1)(A). Typically considered capital improvements or improvements that add to the useful life of the facility (i.e. those that would require depreciation/amortization). Building System upgrades, replacements, or renovations (e.g. mechanical system, roof, etc.). These are Improvement projects because they increase the useful life of a facility and are capitalized.
Construction Projects Can only be completed by: Federal Acquisition Project funds are retained with the IHS and the project is completed by the Agency. One of the following agreements with T/TOs: ISDEAA Title I Subpart J Construction Contract ( Subpart J Contract ). 25 C.F.R. Part 900. ISDEAA Title V Construction Project Agreement ( TVCPA ) 42 C.F.R. Part 137. Memorandum of Agreement under the Indian Sanitation Facilities Act ( 86-121 MOA ). If transferring construction project funds to T/TOs, one of these agreements MUST be entered into.
Funding of Construction Projects Under the ISDEAA T/TOs contracting/compacting under the ISDEAA can enter into Subpart J construction contracts or TVCPAs, respectively. For Title I, funds for construction project are transferred through the Subpart J construction contract. For Title V, funds for construction project are transferred through the TVCPA. See 25 U.S.C. 5389(b) (mandates that a T/TO s proposal to perform a construction project under Title V, "shall be negotiated pursuant to the statutory process in [25 U.S.C. 5324(m)] and the resulting construction project agreements shall be incorporated into funding agreements as addenda. ) Whether a TVCPA is required depends on what the funds are used for: If the funds are provided for routine maintenance TVCPA is likely not required If the funds are provided for a project TVCPA is ALWAYS required
$150k NOFA Threshold and TVCPA What about the $150k NOFA Threshold? Separate but related concept. Applies to the requirement to notify T/TOs through Notices of Funding Availability (NOFAs) of impending construction projects. NOFAs are required for projects (not routine maintenance) that would significantly affect a T/TO. Projects under $150k are typically not considered to have a significant effect and therefore do not require a NOFA. This distinction only applies to the NOFA requirement, not the requirement for projects to go through a TVCPA.
