12024B18R9006_Attachment_2_4-30-2018.pdf

Solicitation No. 12024B18R9006 US Forest Service National Long-Term Fire Retardant National Office

Attachment 2 – Section C

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SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 SCOPE OF CONTRACT

C-2 REQUIREMENTS (FAR 52.216-21) (OCT 1995)

C-3 GOVERNMENT FURNISHED PROPERTY

C-4 CONTRACTOR FURNISHED PROPERTY

C-5 REMOVAL OF CONTRACTOR FURNISHED PROPERTY

C-6 GOVERNMENT RESPONSIBILITIES

C-7 CONTRACTOR RESPONSIBILITIES

C-8 TECHNICAL REQUIREMENTS

C-9 PACKAGING FOR DOMESTIC SHIPMENT (AGAR 452-247-72) (FEB 1988)

C-10 ADDENDUM TO FAR 52.214-4 (A) INSPECTION/ACCEPTANCE

C-11 MARKING

C-12 PACKING LIST

C-13 NOTIFICATION OF SHIPMENT OF CONDITIONALLY APPROVED PRODUCTS

C-14 TITLE TO BINS AND BULK BAGS

C-15 QUALITY ASSURANCE TESTS

C-16 LOT ACCEPTANCE AND QUALITY ASSURANCE

C-17 EFFECTIVE PERIOD OF THE CONTRACT (AGAR 452.211-75) (FEB 1988)

C-18 DELIVERY LOCATION (AGAR 452.247-70) (FEB 1988)

C-19 REQUIRED DELIVERY PERIOD AND DELIVERY TIME

C-20 PRE- AND POST-PERIOD DELIVERY

C-21 OPTIONAL PERIOD DELIVERY

C-22 READY DELIVERY STATUS

C-23 RETURN-TO-READY DELIVERY STATUS

C-24 ORDERING (FAR 52.216-18) (OCT 1995)

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C-25 ADDENDUM TO FAR 52.216-18 ORDERING

C-26 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995)

C-27 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (AGAR 452.216-73) (FEB 1988)

C-28 FOOD AND DRINK

C-29 FUEL SURCHARGE – (ADDENDUM TO 52.216-4 ECONOMIC PRICE ADJUSTMENT)

C-30 AUTHORIZED BREAKS

C-31 FAILURE TO PERFORM

C-32 GOVERNMENT OPERATION OF CONTRACTOR PLANT

C-33 OFFICE SPACE AND AMENITIES

C-34 FUGITIVE USAGE AT TYPE A (FULL SERVICE) ATBs

C-35 METHOD OF MEASUREMENT FOR TYPE A (FULL SERVICE) ATBs

C-36 BASIS OF PAYMENT FOR TYPE A (FULL SERVICE) ATBs

C-37 BASIS OF PAYMENT FOR TYPE B (BULK) ATBs

C-38 PAYMENT PROCEDURES FOR TYPE A (FULL SERVICE) ATBs

C-39 PAYMENT PROCEDURES FOR TYPE B (BULK) ATBs

C-40 INVOICING FOR TYPE B (BULK) ATBs

C-41 CERTIFICATION OF TRANSPORTATION CHARGES

C-42 GOVERNMENT REPRESENTATIVE

C-43 POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

C-44 INSURANCE COVERAGE (AGAR 452.228-71) (NOV 1996)

C-45 COMMERCIAL FILMING AND VIDEO TAPING

C-46 PRODUCT ENDORSEMENTS

C-47 QUALIFICATION REQUIREMENTS (FAR 52.209-1) (FEB 1995)

C-48 OPTION TO EXTEND SERVICES (FAR 52.217-8) (Nov 1999)

C-49 OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MAR 2000)

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C-50 FIELD TESTING OF CONDITIONALLY APPROVED QPL PRODUCTS

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C-1 SCOPE OF CONTRACT

(a) This contract provides for the normal supply requirement of long-term fire retardant and associated servcies to the United States Department of Agriculture (USDA) Forest Service, Department of Interior, Bureau of Land Management, Bureau of Indian Affairs and may be used by other Government agencies with interagency agreements with any of the above. The resultant contract is a fixed-price requirements type contract for long-term fire retardant and associated services as needed for the designated Airtanker Bases (ATB) listed in the Schedule (See Attachment 1 – Section B – Schedule of Items).

(b) The long-term fire retardant to be furnished shall be qualified and approved on the Qualified Products List (QPL) in accordance with U.S. Department of Agriculture, Forest Service, Specification for Long Term Retardant, Forest Fire, Aircraft or Ground Application, 5100-304c with amendments.

This list can be found at Attachment 7 – Exhibit J-5 – Forest Service Qualified Product List - Long-Term Fire Retardant. The retardant product to be furnished shall be identical to the qualified lot number inserted in the space provided in Attachment 1 – Section B – Schedule of Items - CLIN Pricing. A single lot number shall be inserted for each product.

(c) The contractor shall supply, mix, store, and load long-term fire retardant, as required and meeting Specification 5100-304c with amendments (latest - Amendment No. 3, 17 May 2010), into airtankers or as directed for use in suppression of wildland fires. Only products approved and listed on the Qualified Products List (QPL) for Permanent Bases (Attachment 7 – Exhibit J-5) will be accepted as long-term fire retardant for award purposes in the schedule of items for designated bases.

(d) Contract includes personnel necessary for operating the retardant base as specified herein. At the Government's request, the contractor shall also be required to off-load retardant from aircraft, reload or load aircraft with water. The supplying of retardant into the aircraft shall include all equipment (except Government furnished), labor, and retardant materials necessary for the handling of the retardant.

(e) Due to the sporadic nature of fire activity, the Government does not guarantee placement of any orders for retardant.

(f) Contractor may only bid fully qualified Long-Term Fire Retardant product(s) listed on the Qualified Product List at the time of opening as per the Schedule of Items.

(g) Contractor furnished equipment shall be sufficient to meet daily peak demand as specified in Attachment 3 – Exhibit J-1 - Facility, Government & Contractor Equipment.

(h) As identified in Attachment 3 – Exhibit J-1, as applicable under other “base needs” the contractor shall be responsible for the disposal of wash down products and associated costs.

(i) All products are allowed a certain amount of degradation over time. If a product for some reason is deemed unusable and out of spec after this consideration, the program manager and Missoula Technology and Development Center (MTDC) will discuss, with contractor,allowable adjustments. If product is unable to be brought back to acceptable range, the contractor will remove any concentrate or mixed product that is out of specification and deemed unusable for any purpose by the Airtanker Base Manager and COR/CO within 30 days of identification.

(j) Only products that appear on the Long Term Retardant Qualified Products List (QPL) shall be

C - 5 considered for substitution:

(i) Substitution of a different approved qualification lot number within a single retardant product trade name must be approved in writing in advance by the contracting officer.

(ii) Dis-similar approved retardant products may also be requested for substitution.

(iii) Conditionally-approved products may be requested for substitution of a fully approved product.

(iv) Requests for a proposed substitution shall be submitted in writing to the contracting officer within seventy two (72) hours after the point in time that the contractor determines that a substitution will become necessary and before any changeover in the production of the new lot begins.

(k) After the award of a contract for a specific product for a designated airtanker base, a change in product type, once approved by the Government shall be supported by the contractor. For example, a change from liquid concentrate to dry powder or a change from dry powder to liquid concentrate requires that the contractor provide technical assistance to base personnel for establishing operations to include training on handling, storing, recirculation, mixing and loading the retardant product.

C-2 REQUIREMENTS (FAR 52.216-21) (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent

C - 6 as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after three months after expiration of this contract.

C-3 GOVERNMENT FURNISHED PROPERTY

The Government will provide Government furnished property to the contractor at the bases and as listed in Attachment 3 – Exhibit J-1. Government furnished property will be available at the time of contract award. Contractors are encouraged to visit the site to verify the information contained in this section.

C-4 CONTRACTOR FURNISHED PROPERTY

The contractor shall furnish continuous flow or batch mixing equipment that is not owned by the agency and available at the base to handle, store, mix, recirculate, load, and off-load the retardant product, as directed. A contractor-furnished equipment list shall be submitted with the proposal. See Attachment 3

– Exhibit J-1 – Facility, Government & Contractor Equipment for a list of Government Furnished equipment. The following equipment may be required, but is not limited to:

(a) Equipment includes, but is not limited to, handling equipment (ie. Forklifts), blending equipment, storage equipment, water systems, recirculation equipment, retardant dispensing pump, above ground pipe, manifold, fittings, hose, and valves necessary to mix and load aircraft to meet minimum requirements. The contractor shall provide equipment to remove and return unused retardant solution from loaded aircraft to storage, as directed.

(b) The contractor shall provide a sampling valve to be installed between the loading pump and aircraft loading valve for quality assurance testing.

(c) The contractor shall provide instruments (i.e., Refractometer, Marsh Funnel) and material needed to measure specific gravity and viscosity of retardant solutions.

(d) Some ATBs may require extensive contractor-furnished equipment. A site visit is advisable to establish the contractor-furnished equipment needs.

(e) The contractor shall install, maintain and secure all contractor-furnished equipment such that during proper operation of the equipment contamination will not occur.

(f) The contractor furnished equipment shall be sufficient to meet the daily peak demand as specified in Attachment 3 – Exhibit J-1.

C-5 REMOVAL OF CONTRACTOR-FURNISHED PROPERTY

(a) Retardant or retardant components remaining at the end of a contract period may be held in Government owned tank(s) or facilities, upon the written request of the contractor and approved by the contracting officer.

(b) Equipment furnished by the contractor may be either removed or stored at the tanker base during the Optional Period, upon the written request of the contractor and approval by the contracting officer.

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(c) If the contract is not renewed or the contractor is not the successful bidder on the subsequent contract, the retardant and all contractor-furnished property must be disposed of or removed at contractor's expense within 30 days, ground and weather conditions permitting, upon written notice by the Government and prior to final acceptance of the contract. The contractor shall flush and clean all remaining Government equipment of residual product.

C-6 GOVERNMENT RESPONSIBILITIES

(a) The movement and parking of aircraft for the loading of retardant will not be performed by contractor personnel.

(b) The Government will be responsible to inspect and provide oversight to testing as described herein.

(c) The Government is responsible to maintain all Government provided equipment in good working condition, however the Government may request the contractor perform maintenance. If there is a cost to the contractor to perform the requested maintenance, the Government representative will contact the Contracting Officer Representative or the contracting officer with the request. The contracting officer will obtain an official quote prior to the work proceeding. The associated invoice will be submitted to the contracting officer for approval and will contain the appropriate documentation to support the invoice.

Once approved the contractor will submit the invoice through regular payment procedures.

C-7 CONTRACTOR RESPONSIBILITIES

(a) The contractor shall provide well-trained (meeting requirements outlined below), competent personnel to mix, load, store, and off-load fire retardant. All work under this contract shall be performed timely and in a skillful, professional manner. The contracting officer may, in writing, require the contractor to remove from the work site any employee deemed incompetent, unsafe, careless or otherwise objectionable or for theft, possession and/or removal of materials, supplies, equipment or any Government-owned or leased property.

(i) Minimum qualifications for each crewmember shall consist of classroom and On the Job training (OJT), which includes mixing procedures, aircraft type and capability, OSHA standards, and understanding of the base operating plan. Hot reloading training will be accomplished in conjunction with agency personnel in accordance with procedures as outlined in the Interagency Airtanker Base Operations Guide and the base specific hot-reloading plan.

(ii) Documentation of training shall be provided to the contracting officer.

(b) The contractor shall keep all equipment and supplies at each base clean, neat, orderly, and painted in colors that are preapproved and acceptable to the contracting officer. All empty bags and other litter shall be picked up and disposed of at least daily. All containers must be kept neatly stored.

(c) The contractor shall utilize all Government furnished equipment with appropriate care and follow all instruction, operating procedures, and other necessary directions for use. The contractor shall perform all normal or typical maintenance on the Government furnished equipment as consideration for use of the Government furnished equipment. If in the scope of the contractor performing work, the equipment breaks through normal use, the Government will work with the contractor to determine the best approach to repair or replace the equipment. If it is determined that the equipment broke or failed in some manner due to carelessness, not following operating instructions, misuse or abuse by

C - 8 contractor personnel, the Government reserves the right to require the contractor to repair or replace the equipment at the contractor’s expense.

(d) The contractor shall be responsible for cleaning up all spillages caused by mixing and loading operations. The contractor shall wash spillage from loading ramps and shall keep retardant washed off the equipment. [See Solicitation - Hazardous Material Identification and Material Safety Data, FAR 52.223-03] The contractor shall clean up any concentrate or mixed solution that leaks, drips, or runs where equipment is set-up, including all tanks, hoses, nozzles, concentrate containers, etc. which creates an unsafe area or unsightly appearance. The agency manager is responsible for wash-down effluent disposal procedures. Any special precautions must be fully disclosed in section J with necessary guidelines.

(e) The contractor shall comply with the base-operating plan. A copy can be obtained through the contracting officer.

(f) As a minimum, the contractor will perform testing as specified herein.

(g) The contractor shall comply with the safety and health standards applicable to retardant mixing and loading operations. (Reference OSHA General Industrial Standards 29 CFR 1910). The contractor shall also develop and post an operations plan, which has been developed in concert with the Fire Agency’s base operating plan. The plan will include as a minimum:

(i) an employee organization chart showing lines of authority,

(ii) a complete list of duty assignments for each position,

(iii) a description of proper work procedures for each assignment,

(iv) a safety briefing with a list of safety rules for the operation, and,

(v) a plan to provide follow-up training for all personnel.

The contractor shall ensure that all employees read and understand this operations plan before they begin work at this facility.

(h) INCIDENT BEHAVIOR

It is extremely important that inappropriate behavior be recognized and dealt with promptly.

Inappropriate behavior is all forms of harassment including sexual and racial harassment. Harassment in any form will not be tolerated. Non-prescription unlawful drugs, medical marijuana, and alcohol are not permitted at the incident or work site. Possession or use of these substances will result in the contractor being released from the incident or work site. During off-incident periods, personnel are responsible for proper conduct and maintenance of fitness for duty. Drug or alcohol abuse resulting in unfitness for duty will normally result in the contractor being released from the incident.

[Sexual harassment is defined as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably

C - 9 interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment].

C-8 TECHNICAL REQUIREMENTS

(a) Retardant supplied through this contract must be qualified and approved for use at permanent bases (See Attachment 7 - Exhibit J-5 - Forest Service Qualified Products List – Long-Term Fire Retardant).

(b) All aircraft shall be loaded to their contracted load capacity or as directed by the contracting officer. The pilot of the aircraft may request the aircraft not be filled to their contracted load capacity due to product remaining in tank or weight concerns.

(c) The contractor may be required to hot load aircraft.

(d) Aircraft loading nozzles shall be 3-inch "Kamlock" type, or equal, equipped with shutoffs.

(e) The contractor shall provide continuous flow loading capabilities for retardant delivery into the aircraft and any storage capacity necessary to meet the daily peak demand as specified in Attachment 3 – Exhibit J-1. This will be provided with the loading capability of a minimum rate of 400 gallons per minute and maximum of 500 gallons per minute except all Single Engine Airtankers shall be loaded at 200 gallons per minute capacity, only. The Airtanker Base Manager or designated personnel will provide all/any other loading requirements or limitations.

(f) The contractor shall provide off-load storage capacity as specified in Attachment 3 – Exhibit J-1, separate from base storage tanks and loading facilities

C-9 PACKING FOR DOMESTIC SHIPMENT (AGAR 452.247-72) (FEB 1988)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

C-10 ADDENDUM TO FAR 52.214-4 (A) INSPECTION/ACCEPTANCE

(a) Type A (Full Service) ATBs with mixed product:

(i) The Government shall inspect the mixed product for compliance with the specifications for mixed product. Inspection will take place as shown below in testing.

(ii) The delivery destination of the mixed retardant is inside the aircraft being loaded.

Acceptance of the mixed product takes place when the product has entered the aircraft.

(iii) Acceptance tests will be conducted in accordance with the procedures and requirements established during the qualification test. The tests will generally be conducted prior to acceptance of the mixed retardant and will consist of simple measurements and requirements such as visual observations, salt content, and viscosity.

(b) Type B (Bulk) ATBs with non-mixed product:

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(i) For payment purposes only, "inspection and acceptance" of supplies delivered will occur at the time of acknowledgement of receipt of the supplies at the point of destination. Passage of title will also occur at this time.

C-11 MARKING

(a) General Requirements - Interior packages, if any, and exterior shipping containers shall be marked as specified below. Additional marking requirements may be specified on delivery orders issued under the contract. If not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation.

(b) Improperly Marked Material - When Government inspection and acceptance are made at destination, and delivered supplies are not marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor, to perform the required marking, by contract or otherwise, and charge the Contractor at the actual cost. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract.

C-12 PACKING LIST

A packing list or other suitable shipping document shall accompany each shipment and shall show the:

(1) Name and address of consignor,

(2) The name and address of consignee,

(3) Government purchase order number,

(4) Government bill of lading number covering the shipment, if any, and

(5) Description of the material shipped (Materials Shipping Data Sheet), including shipping lot number and qualification lot number, item number, quantity, number of containers, and package number, if any.

C-13 NOTIFICATION OF SHIPMENT OF CONDITIONALLY APPROVED PRODUCTS

The Contractor shall notify the Contracting Officer's Representative (COR), or Inspector at the time an order is placed for the initial shipment to any/all locations of a conditionally approved product for use under the contract. The following data should be given in the notification:

(1) - Shipping Date

(2) - Shipping Lot Number

(3) - Qualification Lot Number

(4) - Airtanker Base

(5) - Government Purchase Order Number

(6) - Quantity

C-14 TITLE TO BINS AND BULK BAGS

The title to bins and bulk bags shall remain with the contractor. The Government will reasonably protect and store containers for pick-up by the contractor. The contractor shall make arrangements to pick-up bins/bags every 30 days.

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C-15 QUALITY ASSURANCE TESTS

Quality Assurance Testing shall be performed during mixing and pumping operations in accordance with (Lot Acceptance, Quality Assurance, and Field Quality Control for Fire Retardant Chemicals, Publication Number: NFES 1245). Field Quality Control testing shall be accomplished by the contractor and monitored by the Base Manager and contracting officer. Test results shall be recorded on similar forms furnished in the back of the Field Quality Control of Fire Retardant Chemicals publication.

Quality Control Testing. Quality Control Testing is the testing done at the base to ensure that product going to the field is of proper quality. All test results shall be recorded and maintained for future reference. Base Managers are responsible for oversight and insuring that the following is accomplished:

(a) The base personnel (Government or contract) shall be required to test every aircraft load for salt content (refractometer reading) as follows:

(i) Wet Concentrate Products – Sample and test at least 3 times during the loading operation, i.e. early in the loading, near middle of load, and late in the loading operation.

(ii) Dry Concentrate Products –Sample and test every aircraft load as it is being loaded into the aircraft.

(b) The base personnel shall test for viscosity by taking samples every five (5) to ten (10) aircraft loads and analyzing the samples at the end of each day if the product is a thickened product.

(c) The base personnel shall re-circulate mixed and concentrated retardant as appropriate for the product.

(i) Each batch of mixed retardant made from dry powder concentrate shall be tested for salt content by refractometer reading and adjusted as necessary before transferring to storage tanks.

(ii) Mixed retardant will be tested for salt content by refractometer in the storage tank when additional mixed retardant is added. This usually occurs during active loading of aircraft.

(d) The base personnel shall test mixed retardant in storage for compliance with salt content and viscosity every 7 days following recirculation.

(e) The Government has the right to take random samples for assurance testing to meet QPL requirements. Quality assurance tests will be conducted in accordance with the procedures and requirements established during product qualification. These quality assurance tests will be conducted by the Government or at private laboratories at the discretion of the Government and will consist of quantifying physical and chemical properties by appropriate laboratory analysis.

(f) The retardant products are qualified only at the mix ratios shown on the Qualified Products List (Attachment 7 - Exhibit J-5 - Forest Service Qualified Products List – Long-Term Fire Retardant) and adjusted only as necessary to stay within the indicated acceptable range of refractometer readings as shown on the table of Retardant Characteristics (Attachment 8 - Exhibit J- 6 - Long-Term Fire Retardant Characteristics and Mix Factors).

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C-16 LOT ACCEPTANCE AND QUALITY ASSURANCE

Lot Acceptance and Quality Assurance (LAQA): LAQA program is the Forest Service’s means of spot-checking fire retardants used by large airtanker and SEAT bases and helps assure that a high standard of quality is maintained by the retardant manufacturing companies and agency tanker bases. The National Retardant Contract requires involvement in the program through submission of samples on all retardant received as part of the inspection process.

The number of samples a base sends to the lab at Wildland Fire Chemical Systems (WFCS) depends on the severity of the fire season and amount of retardant received at the base. There are four categories of samples.

This program consists of EVERY BASE sending the following retardant samples:

(1) Base Opening sample: When your base opens in the spring or early summer and the retardant is thoroughly recirculated, take a one quart sample from each tank (we strongly suggest using the firefighting 1 qt. plastic water canteens available from your national interagency support cache). You may need to bleed some retardant from the sampling port to be sure you’re actually sampling the contents of the tank. Label this sample “base opening” or “overwinter,” include the date the sample was taken and tank identification, and send to WFCS.

(2) Truckload sample: Every shipment of retardant that your base receives during the season, whether it’s a tanker load of liquid or a truckload of bags, needs to be sampled and tested at your base and a one quart sample sent to WFCS for confirmatory tests. Please include the shipper number and bag tag or batch number, in addition to the date and base information.

(3) Base Closing sample: Just before closing for the winter, recirculate the contents of each tank thoroughly, take a one quart sample from each tank, label it as the “base closing” sample, include the date the sample was taken and tank identification and send to WFCS. As with the Base Opening sample, you may need to bleed some retardant from the sampling port to be sure you’re actually sampling the contents of the tank.

(4) Troubleshooting samples: Any sample that is sent to WFCS will be tested. If your retardant doesn’t look or seem quite right, feel free to send a sample to WFCS and we will test it for you. This sample must be adequately identified and a description of the problem should be included.

Every sample needs to be labeled clearly and accurately. Self-adhesive labels are available from WFCS. Using these labels and supplying the requested information will assure the fastest turnaround of the testing of your samples.

After receiving samples, WFCS will perform some basic quality control tests, such as checking viscosity, salt content (refractometer reading), density and pH. Generally, WFCS will have test results back to the bases within 24 hours of receiving the samples.

Because the LAQA program is viewed as cooperative rather than adversarial, if there is a problem with a sample, WFCS may contact the base and verify the situation. If necessary, we may offer some suggestions to remedy the issue and may involve the supplier in developing a solution.

The retardant products are qualified only at the mix ratios shown on the Qualified Products List

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(Attachment 7 - Exhibit J-5 - Forest Service Qualified Products List – Long-Term Fire Retardant) and adjusted only as necessary to stay within the indicated acceptable range of refractometer readings as shown on the table of Retardant Characteristics (Attachment 8 - Exhibit J- 6 - Long-Term Fire Retardant Characteristics and Mix Factors).

In addition to the samples already described, sufficient samples need to be taken and tested at reasonable intervals to assure that equipment is calibrated and that the retardant maintains proper quality. The basic tests are the same as those performed for the LAQA program, but are done at the base by base personnel. Although the contractor’s representative may be designated to perform the tests routinely, it is important to understand that sampling is ultimately the responsibility of the agency representative. This sampling and testing is designated as base quality control and includes the following:

(1) Salt content (refractometer or hydrometer) of each aircraft load.

(2) Viscosity: every 5-10 aircraft loads. Analyzed by end of each day.

(3) Salt content and viscosity of retardant in storage every seven days.

The results of all testing on base samples should be recorded and retained by the agency for internal use, which can be useful in tracking the source of problems, should they occur. Do not send these samples or results to WFCS unless there is a problem you need help with.

Additionally, a Fire Chemical Use Report will be sent to each base and needs to be filled out and returned to WFCS at the end of each season. It may be helpful to keep track of some of the information (such as number of planes loaded) throughout the fire season. An electronic version of the Fire Chemical Use Report can be found at:

http://www.fs.fed.us/rm/fire/wfcs/index.htm

- click on Lot Acceptance and Quality Assurance Program

- click on Retardant Use form at bottom of page

It is the responsibility of each manager (at both permanent and portable bases) to fill out this report and return it to WFCS. This information is used to fill out the EPA Form R, which is a component of the Toxic Release Inventory, and is required from certain bases by the EPA.

If you have any questions, please let us know. We appreciate your input, questions, concerns, etc.

Shirley Zylstra Wildland Fire Chemical Systems Missoula Technology and Development Center Missoula, MT 406-329-4859 szylstra@fs.fed.us

C-17 EFFECTIVE PERIOD OF THE CONTRACT (AGAR 452.211-75) (FEB 1988)

The effective period of this contract is from date of award through December 31, 2022, provided all options are exercised. The effective periods of the contract are as follows:

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Base Year – Date of award through 31 December 2018;

Option Year 1 – 1 January 2019 through 31 December 2019;

Option Year 2 – 1 January 2020 through 31 December 2020;

Option Year 3 – 1 January 2021 through 31 December 2021; and

Option Year 4 – 1 January 2022 through 31 December 2022.

In the event the Option to Extend Services FAR 52.217-8 is exercised, the effective period of this contract is through 30 June 2023.

C-18 DELIVERY LOCATION (AGAR 452.247-70) (FEB 1988)

Shipment of deliverable items, other than reports, shall be to locations as designated in Attachment 1 - Section B Schedule of Items.

C-19 REQUIRED DELIVERY PERIOD AND DELIVERY TIME

Required delivery period for Type A (Full Service) ATBs will be as designated in Attachment 1 - Section B Schedule of Items.

Delivery times for Type B (Bulk) ATBs:

(a) Normal Delivery – (as applicable) Deliveries to destination, in Geographic FS Regions 1, 2, 3, 4, 5, & 6 shall be made within 72 hours after the receipt of an order.

(b) Deliveries in FS Region’s 8 & 9 shall be made within 96 hours after receipt of an order. If expedited delivery is requested, delivery must be within 24-48 hours of order to meet the requirements for expedited charges.

(c) Alaska Delivery (as applicable) (FS, Region 10) - Fairbanks, Alaska, deliveries shall be made within 30 days after receipt of an order. Expedited delivery to Fairbanks will be made within 10 days as stated on the order. Ft Yukon, Alaska, deliveries shall be made within 60 days after receipt of an order.

C-20 PRE- AND POST-PERIOD DELIVERY FOR TYPE A (FULL SERVICE) ATBs

The Government reserves the right to order retardant for the period 60 days before and 60 days after the Required Delivery Period at the prices specified in the contract. During the Pre- and Post-Periods, the Contractor must deliver retardant as specified herein within 24 hours of receipt of an order.

C-21 OPTIONAL PERIOD DELIVERY FOR TYPE A (FULL SERVICE) ATBs

Outside the Required Delivery Period and any Pre-Delivery and Post-Delivery Periods, the Government may request service on an intermittent basis. This period is called the Optional Period. Orders placed during this period will be subject to acceptance by the contractor. If accepted, all terms and conditions of the contract will apply.

C-22 READY DELIVERY STATUS

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(a) Ready delivery status is defined as the ability to begin pumping and loading operations within 3 minutes after an order is placed. Ready delivery status shall be maintained during the normal operating day.

(b) The normal operating day is 9 hours. The contracting officer, Contracting Officer Representative, or Airtanker Base Manager shall establish and may change the times of the normal operating day by issuance of a work order as necessary. However, the normal operating day may not exceed the number of hours stated herein unless aircraft are being loaded OR unless the mixing crew is ordered to be in extended ready delivery status. At joint California Division of Forestry (CDF) CalFire/USDA FS bases, the normal operating day will constitute 10 ½ hours per day and should be bid accordingly. There will be no extended ready delivery status until the passage of 10 ½ hours.

(c) Occasional temporary time changes to the normal operating day may be made by verbal notification to the contractor by the close of business the preceding day.

C-23 RETURN-TO-READY DELIVERY STATUS

(a) The contractor shall inform the contracting officer as to how appropriate personnel may be contacted. These persons will be allowed 1 (one) hour from the initial attempt by the Government to contact the contractor or his authorized representative to provide ready delivery status.

(b) If not requested to be on Return-to-Ready Delivery Status, contractor personnel will be considered to be off duty and may not be required to Return-to-Ready Delivery Status that day.

C-24 ORDERING (FAR 52.216-18) (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award through 31 December 2022.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

C-25 ADDENDUM TO FAR 52.216-18 ORDERING

(a) For Type A (Full Service) ATBs, Orders given to maintain ready delivery status during the Required Delivery Period, Pre, Post, or Optional Period may be made orally and will be documented in writing by Project Inspector/COR.

(b) Orders for long-term fire retardant for the Type B (Bulk) ATBs listed in Section B may be issued by one of the following:

(i) United States Department of Agriculture, Forest Service

(ii) United States Department of Interior, Bureau of Land Management, and

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(iii) Other agencies with interagency agreements with any of the above.

(c) The Orders referenced above in (b) may be issued orally by authorized Base Managers. All oral orders will be followed-up with a confirming written order by the appropriate acquisition office. Agencies placing the order should request confirmation/acknowledgement of receipt of the order by the contractor especially when there is a critical need for the supplies.

(d) No other acquisition instruments shall be paid under this contract.

C-26 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995)

The following order limitations apply to Type B (Bulk) ATBs:

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 22 tons, the Government is not obligated to purchase, nor is the contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The contractor is not obligated to honor—

(i) Any order for a single item in excess of 88 tons for dry products or 176 tons for liquid products;

(ii) Any order for a combination of items in excess of 88 tons for dry products or 176 tons for liquid products.

(iii) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) This is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)). Under this contract, the Government is not required to order a part of any one requirement from the contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 24 hours after notification of the order, with written notice stating the contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

C-27 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (AGAR 452.216-73) (FEB 1988)

During the period specified in C-24 Ordering (FAR 52.216-18), the Government shall place orders totalling a minimum of $ 0.00, but not in excess of $ 220,000,000.00.

C-28 FOOD AND DRINK

Retardant contract personnel shall provide their own meals during periods of daily availability to include extended standby.

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C-29 FUEL SURCHARGE – (ADDENDUM TO 52.216-4 ECONOMIC PRICE ADJUSTMENT)

The Government will reimburse the contractor for a fixed rate fuel surcharge per truckload at each base. The amount of any fuel surcharge imposed as a part of the total freight charges for each shipment of retardant is found at the table in Attachment 9 – Exhbit J-7 – Fuel Surcharge Table.

The contractor shall provide, at the beginning of each calendar year, a proposed rate based on detailed data from the previous year consisting of actual freight charges and actual fuel surcharges. The fixed rate will be established and restablished annualy for each base by mutual agreement based on the rate provided by the contractor and negotiated.

The contractor warrants that the surcharge imposed is not in excess of any fuel surcharge imposed on other forms for whom the transportation firms used provides freight hauling services. The fuel surcharge shall be listed as a separate item on transportation freight bills and invoices for the payment of the item furnished. Invoices containing fuel surcharges must be submitted and received by the air tanker base no later than 45 days from shipment in order to be paid; otherwise payment may not be allowed. Invoices for fuel surcharges will be submitted to the Airtanker Base Managers for processing.

The Airtanker Base Manager or their designee will date stamp date of receipt and submit to the Albuquerque Service Center no later than five days of receipt unless there are problems with the invoices.

Occasionally, retardant may be relocated from an airtanker base to a non-contracted location. If this should occur, when the airtanker base is restocked, then a credit will be given for the restock fuel surcharge.

C-30 AUTHORIZED BREAKS

During the contract period, when conditions permit, the contracting officer may approve authorized breaks to allow contractor’s personnel time off from the base.

C-31 FAILURE TO PERFORM

(a) If the contractor fails to provide ready delivery status, the Government reserves the right to take over contractor's operations. If the Government exercises this right, the contractor shall be liable for all costs incurred resulting from failure to perform.

(b) If the contractor fails to perform as required, the Government reserves the right to dispatch the Airtanker(s) to alternate base(s) for loading of fire retardant in an emergency situation. If the Government exercises this right, the contractor shall be liable for all incurred costs resulting from failure to perform, including but not limited to, hourly flight time for the Airtanker(s), standby time, and any increase in cost for the retardant.

(c) The above remedies for the contractor's failure to perform are in addition to, and do not limit, the remedies provided in FAR 52.212-4(m) Termination for cause.

C-32 GOVERNMENT OPERATION OF CONTRACTOR PLANT

During or outside of the required delivery period, the Government may operate the retardant plant on an intermittent and short-term basis if contractor personnel are not available. The Government will attempt to contact the contractor to secure their approval prior to operating the retardant plant.

Payment for the retardant will be made at the applicable bid rate in Attachment 1 - Section B Schedule

C - 18 of Items.

C-33 OFFICE SPACE AND AMENITIES

Office space if available in existing airtanker base facilities should be identified and made known in Section J-1 under the “Notes” section. The contractor should inquire as to the condition of the office space as well as the size in order to properly determine if it will meet their staffing needs. If the space available will not work, the airtanker base manager and contractor will determine an appropriate alternative.

The contractor personnel will have access to the same amenities as government personnel in terms of restrooms and break areas for meals.

C-34 FUGITIVE USAGE AT TYPE A (FULL SERVICE) ATBs

For special projects/fires, (i.e., national parks, etc.), Type A (Full Service) ATBs are authorized to switch to a fugitive product when needed. At that time, the cost for the fugitive product will be negotiated with the contracting officer. A minimum of one (1) truckload is required to order. If the product is returned (full Phos-bin) there will be a 5% restock charge for the returned material and in addition a fuel surcharge may be assessed for freight costs.

C-35 METHOD OF MEASUREMENT FOR TYPE A (FULL SERVICE) ATBs

The primary method of measurement will be mass flow meter and the inventory method will be used as a backup check. Methods will be used in accordance with the following:

(a) Mass Flowmeter® Method (Micro Motion®)

(i) Retardant will be measured in gallons. All retardant will be delivered through mass flowmeters reading in total pounds delivered. Pounds will then be converted to gallons for payment.

(ii) Calibration and verification to insure meter accuracy will be performed as stated in the following Forest Service guide: "User/Procurement Manual for Retardant Measurement Mass Flowmeter". Each meter will be calibrated annually as early in the season as possible by the Government. Verification of meter accuracy may be requested at anytime at the request of the contractor or contracting officer. Such verification will be performed in the presence of the contractor and the contracting officer. If during the season, micro motion meter discrepancies occur, the cost of recalibration will be paid by either the Government or the contractor depending on recalibration results. If the micro motion meter is calibrated correctly, then the contractor will pay for the recalibration, and if incorrectly calibrated the Government will pay for the cost.

(iii) All gallons of retardant used and all other services will be recorded on the Retardant Inventory/Use Worksheet (Attachment 4 – Exhibit J-2). This form shall be completed on a daily basis.

(b) Inventory Method

(i) The contractor shall deliver bulk retardant by the ton to each retardant base, record the

C - 19 number of tons, and attach the truck weight invoices to the Retardant Inventory/Use Worksheet (Attachment 4 – Exhibit J-2)

(ii) Retardant will be measured in gallons converted from pounds delivered using the Retardant Inventory/Use Worksheet.

(a) Bulk retardant (converted to gallons) on hand at the retardant base at the beginning of the 2-week period, plus

(b) Mixed retardant (in gallons) on hand at the retardant base at the beginning of the 2-week period, plus

(c) Total tons of retardant (converted to gallons) delivered to the retardant base, less

(d) Bulk retardant (converted to gallons) on hand at the retardant base at the end of the two-week period, less

(e) Mixed retardant (converted to gallons) on hand at the retardant base at the end of the two-week period.

C-36 BASIS OF PAYMENT FOR TYPE A (FULL SERVICE) ATBs

(a) Retardant.

(i) Payment will be made at the applicable bid rate in Attachment 1 - Section B, Schedule of Items, per gallon for actual gallons of retardant delivered into the aircraft. Unit prices for each sub-item will be applied until the gallons of retardant delivered exceeds that sub-item quantity limit; i.e., first, sub-item A unit price will be applied until the sub-item A quantity limit is reached;

then sub-item B unit price comes into effect until the quantity limit in sub-item B is reached; and so forth. For all quantities of retardant over and including the starting quantity for the last sub-item, the unit price for that last sub-item will be applied until the end of the contract year. Sub-item quantity limits will be activated at the start of the initial contract year and at the start of each renewal year.

(ii) When retardant salt content falls outside the acceptable range (see Attachment 8 – Exhibit J-6 Retardant Characteristics and Mix Factors Table, and Publication NFES 1245, "Lot Acceptance, Quality Assurance, and Field Quality Control for Fire Retardant Chemicals") an appropriate payment deduction will be made by the contracting officer.

(b) Off-Loading, Re-Loading, and Water Loading. Payment will be made for off-loading, reloading, and water loading on a per occurrence basis at the specified rates shown in Section B (See Attachement 1 – Section B).

(c) Extended Ready Delivery Status. The contractor will be paid at an hourly rate (rounded to the next full hour) specified in Attachment 1 - Section B for each authorized crew member whenever the Agency requires ready delivery status in excess of the applicable normal working day hours (See Section C-22 - Ready Delivery Status). The first 9 hours of Ready Delivery Status (or 10 1/2 as referenced in Ready Delivery Status) each day will be considered the normal operating day.

(d) Call-Up Outside Required Delivery Period. When required to be in Ready Delivery Status

C - 20 during the 60 day Pre-, Post-, or Optional Periods, a minimum of 3 days call-up is guaranteed. If during the pre-delivery, or post-delivery, or optional delivery periods less than 10,000 gallons of retardant is pumped in any day, a minimum of $750 per day for Seat & LAT bases or $1,500 for VLAT bases will be paid..

(e) Reimbursement for Mobilization and Demobilization Costs

(i) When service is ordered outside of the required delivery period (pre-delivery, post-delivery, and optional delivery periods) and there is a break in service, the Government will reimburse the contractor for all necessary and reasonable costs on an actual cost basis for the mobilization and demobilization costs associated with the personnel needed to deliver fire retardant into the aircraft.

(ii) Such costs may include, but are not limited to, airline or bus fares, small aircraft usage, vehicle mileage, and telephone calls.

(iii) Invoices for reimbursement shall be supported by itemized invoices and shall be submitted to the designated payment office.

C-37 BASIS OF PAYMENT FOR TYPE B (BULK) ATBs

(a) Payment for long-term fire retardant will be paid as FOB DESTINATION – Total bid price includes but not limited to:

(i) Product costs, including contractor…