Solicitation 12024B19Q0002 A004 - 2021.pdf

OFFEROR’S COPY

(Ref. 48 CFR 1) Issuing Office:

USDA Forest Service, Contracting National Interagency Fire Center 3833 S Development Ave, MS 1100 Boise, ID 83705-5354

This solicitation can be downloaded from the following Internet site: https://www.fbo.gov

Offers Are Solicited For:

Mobile Retardant Bases – Airtanker (AT), Very Large Airtanker (VLAT), Helicopters (H), and Single Engine Airtankers (SEAT)

Solicitation No:

12024B19Q0002

Issued Date:04/15/2019 Amendment 001 – 05/03/2019 Amendment 002 – 06/11/2019 Amendment 003 – 03/27/2020 Amendment 004 – 01/22/2021

IMPORTANT – NOTICE TO OFFEROR

- Quotations are due fifteen (15) calendar days (26 February 2021) from Issue Date @ 2:30 PM MT. Quotes may be submitted at any time prior to the due date and the Government reserves the right to award Blanket Purchase Agreements at any time.

- The offeror shall submit the following items in response to this solicitation:

1. SF-1449, block 17a and blocks 30a-30c: Complete, date, and sign.

2. Fill in the appropriate information requested under Section B – Schedule of Items.

3. Provide one (1) copies of your quote as required by Section E.3 of the solicitation.

4. Provide your response to E.7 of the solicitation.

YOUR QUOTATION SHALL BE RETURNED TO THE FOLLOWING EMAIL ADDRESSES:

larry.robillard@usda.gov and chris.kirk@usda.gov Quotation shall state “Attn: Solicitation No. 12024B19Q0002 – A004” in the email subject line.

Offerors may contact Larry Robillard for information about this solicitation by email at larry.robillard@usda.gov or by phone at 208-387-5682.

“The policy of the United States Department of Agriculture Forest Service prohibits discrimination on the basis of race, color, national origin, age, religion, sex, disability, family status, and/or political affiliation.” Persons believing they have been discriminated against in any Forest Service related activity should write to: Chief, Forest Service, USDA, P. O. Box 96090, Washington, DC 20090-6090.

Previous editions of this form are obsolete. FS-6300-44 (11/79) https://www.fbo.gov/ mailto:larry.robillard@usda.gov mailto:chris.kirk@usda.gov mailto:larry.robillard@usda.gov

Solicitation No. 12024B19Q0002 – A004 – 2021 USDA Forest Service Mobile Retardant Bases National Office i

SECTION A - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

-----STANDARD FORM SF-1449-----

SECTION B – SCHEDULE OF SUPPLIES

B.1 GENERAL INFORMATION

B.2 SCHEDULE OF ITEMS

B.3 SCOPE

B.4 EQUIPMENT REQUIREMENTS

B.5 OPERATIONS

B.6 GOVERNMENT PROVIDED EQUIPMENT

B.7 DOCUMENTATION

SECTION C – CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (Deviation 2017-

1) (OCT 2018)

C.2 CONTRACT CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

C.3 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (FAR 52.222-42) (MAY 2014)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (DEVIATION 2017-1 AND DEVIATION

APR 2020) (NOV 2020)

C.5 AGREEMENT PERIOD

C.6 EXTENT OF OBLIGATION

C.7 DELIVERY TICKETS

C.8 ORDERING. THE FOLLOWING IS ADDED:

C.9 FAR 52.212-4 (g) INVOICES, THE FOLLOWING IS ADDED:

C.10 PAYMENT PROCEDURES

C.11 CLAIM SETTLEMENT AUTHORITY

C.12 HARASSMENT FREE WORKPLACE

C.13 MEASUREMENT AND PAYMENT

C.14 NOTICE OF CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

C.15 DOL WAGE DETERMINIATION

C.16 PERSONELL CONDUCT

C.17 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS (sept 2013)

SECTION D - LIST OF EXHIBITS

EXHIBIT D.1: LAQA SAMPLE FORM (03/01/2014)

EXHIBIT D.2: MOBILE RETARDANT BASE DAILY OPERATIONS REPORT (04/13/2020)

EXHIBIT D.3: LONG-TERM FIRE RETARDANT USE SUMMARY REPORT (04/13/2020)

EXHIBIT D.4: RETARDANT STORAGE SUMMARY REPORT (03/01/2014)

EXHIBIT D.5: GUIDANCE FOR NATIONAL MOBILE RETARDANT BASES (DATED 6/11/2019)

EXHIBIT D.6: DOL WAGE DETERMINATION

ii

SECTION E – SOLICITATION PROVISIONS

E.1 GENERAL INFORMATION

E.2 SIZE STANDARD AND NAICS CODE INFORMATION (AGAR 452.219-70) (SEP 2001)

E.3 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (MAR 2020) (TAILORED)

E.4 EVALUATION – BASIS FOR AWARD

E.5 INQUIRIES (AGAR 452.204-70) (FEB 1988)

E.6 52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012)

E.7 52.212-3 - OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS

(NOV 2020)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

12024B19Q0002 (A004)

6. SOLICITATION ISSUE

DATE

February 11, 2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LARRY J. ROBILLARD

b. TELEPHONE NUMBER (No collect calls)

(208) 387-5682

8. OFFER DUE DATE/

LOCAL TIME

February 26, 2021

2:30 PM MDT

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100% FOR:

U.S. FOREST SERVICE, CONTRACTING

NATIONAL INTERAGENCY FIRE CENTER

OWYHEE BUILDING – MS 1100

3833 S DEVELOPMENT AVE

BOISE, ID 83705-5354

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

NAICS: 115310

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8 (A)

SIZE STANDARD:

$19 Million

11. DELIVERY FOR FOB DESTINA-

TON UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Block 9

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE

ALBUQUERQUE SERVICE CENTER

INCIDENT BUSINESS – CONTRACTS

101B SUN AVENUE, NE

ALBUQUERQUE, NM 87109

TELEPHONE NO. NINE-DIGIT DUNS NO. .

17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE SECTION B (ATTACHED)

MOBILE RETARDANT BASES

ALL VARIETIES

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 .

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29. AWARD OF CONTRACT: REF. _________________ __ OFFER

DATED _______________ . YOUR OFFER ON SOLICITATION (BLOCK

5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET

FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNED (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SECTION B – SCHEDULE OF SUPPLIES

B.1 GENERAL INFORMATION

(a) Any reference throughout this document stating offer or offeror shall be referred to as quote and quoter. Any reference to order throughout this document shall be referred to as call when specifically referencing placing a call/order under this agreement. Any reference to contract throughout this document shall be referred to as agreement.

(b) Contractors shall complete the Schedule of Items below for all equipment they propose to offer. At a minimum, Contractors must provide at least one complete Mobile Retardant Bases (MRB) system and capability of the various types required. Contractors may propose part or all of the total estimated units. For example, a Contractor may propose to provide one Helicopter Mobile Retardant Bases (MRB) and another Contractor may propose to provide several MRBs for all types required. The estimated units are for the entire program year.

(c) The Contractor shall provide 24 hour contact information and shall indicate if texting is acceptable as a form of contact by checking the “Accepts Texts” box.

24 HOUR CONTACT INFORMATION FOR ORDERS: _____________________________

Accepts Texts

The 24 Hour Contact Information for Orders is the Contractor’s direct contact number for orders.

If the Accepts Text box is checked, the number accepts Texts. The 24 Hour Contact is used by ordering agencies to attempt to contact each Contractor for the lowest evaluated price determination between all Contractors. The Contractor shall respond within one hour of receiving a call from an ordering Agency to provide the location and availability of their closest MRB capable to meet the order. A Contractor that does not respond to the call within the required timeframe may not be considered for that order.

(d) The Contractor shall provide the number of units available for each MRB type and the location of each unit. The Contractor may limit the number of units available in total or units that may be available at any one time.

(e) The Contractor is responsible for providing the contracting officer with changes to the information below.

(f) The Blanket Purchase Agreements (BPA’s) resulting from this Request for Quote (RFQ) may be used by multiple State and Federal wildland fire agencies.

(g) This solicitation will result in multiple agreements. The dollar limitation for any individual order is the Simplified Acquisition Threshold (SAT) ($7M IAW Agency procedure). Since the needs of the Government and availability of Contractor's resources during an emergency cannot be determined in advance, it is mutually agreed that, upon request of the Government, the Contractor shall furnish the resources listed herein to the extent the Contractor is willing and able at the time of order. Due to the sporadic occurrence of Incident activity, the placement of any orders IS NOT GUARANTEED.

(h) Resources 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 smoky 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 resource is subjected to under normal operations and is reflected in the rates paid for the resource.

B.2 SCHEDULE OF ITEMS

Provide the list of MRB units you have to offer and the location of each unit.

MOBILE RETARDANT BASE NUMBER OF UNITS LOCATION OF UNITS

SUB CLIN *X01 MRB-AT*

SUB CLIN *X02 MRB-VLAT*

SUB CLIN *X03 MRB-H*

SUB CLIN *X04 MRB-SEAT*

* The “X” represents the corresponding year for each line item from the schedule below.

The Contract Line Item Numbers (CLIN)s listed below in the Schedule of Items represent the specific items available to order. CLIN items *X01 – *X04 are the four different type of MRB units over the five years. CLIN items *X05 - *X11 are individual items that may be required with each MRB ordered. CLIN items *X12 - *X20 Additional Equipment Available, and may be ordered in conjunction with MRBs or ordered separately.

The pricing in the 2021 Schedule of Items below is for the third year of performance only. In accordance with Section C.5 – Agreement Period, each Contractor will be provided the opportunity to update their pricing annually.

2021 SCHEDULE OF ITEMS

CLIN 300 - MRB 2021 (Date of BPA Award – December 31, 2021)

SUB

ITEM ITEM DESCRIPTION

UNIT OF

MEASURE

PRICE PER

UNIT

TOTAL

ESTIMATED

UNITS

TOTAL

ESTIMATED

AMOUNT

301 Daily (24 hr) Rate: MRB-AT Day 28

302 Daily Rate: MRB-VLAT Day 84

303 Daily Rate: MRB-H Day 378

304 Daily Rate: MRB-SEAT Day 28

305 Mileage Rate Per Mile 21,000

Put Through Charge

1 – 50,000 Gallons of Retardant $ / Gallons

Mixed 4,000,000

Put Through Charge 50,001 – Unlimited Gallons of Retardant

$ / Gallons Mixed 2,000,000

Put Through Charge

1 – Unlimited Gallons of H2O $ / Gallons of H2O 100,000

309 Relocation Fee # of Times on Incident 10

310 Additional Personnel Daily / Person 60

311 Crew Change – Out (14 days) # of Times on Incident 10

Total Estimated Value CLIN 300 - 2021

ADDITIONAL EQUIPMENT AVAILABLE

(NO SEPARATE RESOURCE ORDER NEEDED IF ORDERED WITH A MRB. IF ORDERED SEPARATELY, A

RESOURCE ORDER IS NEEDED.)

SUB

ITEM ITEM DESCRIPTION

UNIT OF

MEASURE

PRICE PER

UNIT

TOTAL

ESTIMATED

UNITS

TOTAL

ESTIMATED

AMOUNT

Third Dip Tank:

Gal _________ Per Day 50

500’ Lay-flat Discharge Hose 2.5”, 3”, 4” Per Day 10

Support Water Tender

Gal ________ Per Day 350

Water Storage (Pumpkins): Gal

_______ Per Day 50

4” Water / Retardant Pump

Station Per Day 10

317 Additional 3” Loading System Per Day 10

318 Mix-master Per Day 10

319 Loaders Per Day 20

320 Extended Standby Personnel Per Hour 80

321 MRB Trailer w/ 1 Person Crew Per Day 20

Note: The Total Estimated Units represent Agency need for the year.

B.3 SCOPE

(a) The intent of the solicitation and resulting BPA’s is to obtain Contractor operated and maintained portable retardant plants for mixing and loading Long-Term Fire Retardant (LTFR) products as listed on the USFS Qualified Products List (QPL) (available at https://www.fs.fed.us/rm/fire/wfcs/index.htm) LTFR will be loaded onto fixed wing Air Tankers (AT), Singe Engine Air Tankers (SEAT), and Helicopters for fire suppression activities at various locations throughout the U.S.

(b) All services provided under this BPA shall be performed in a safe and efficient manner.

Contractors shall use all reasonable means to support safety awareness and adherence to established Federal, State, and local environmental regulations as well as adherence to the USFS Aviation Management 5700 Manual http://www.fs.fed.us/fire/aviation/av_library/index.html) and applicable Interagency Aviation Operations Guides specific to the ordered MRB type by all contractor personnel:

• Very Large and Large Airtanker Operations - NWCG Standards for Airtanker Base Operations (SABO) (https://www.nwcg.gov/publications/508)

• Helicopter Operations - Interagency Helicopter Operations Guide (IHOG) (https://www.nwcg.gov/publications/510)

• Single Engine Airtanker Operations Guide - Interagency Single Engine Airtanker Guide (ISOG) (https://www.nwcg.gov/publications/506)

(c) The Agency may provide support personnel. Agency personnel may engage in one or more of the following activities: activation, mixing, loading, relocation, and/or de-activation; however, the Contractor shall be capable of self-sufficient operations when ordered.

(d) The USFS has interagency and cooperative agreements with other Federal and State entities and the MRB established under this BPA may be dispatched to support those entities.

Note: Other operating supplies shall be furnished by the Contractor unless specified otherwise.

See B.5 (e) (2).

B.4 EQUIPMENT REQUIREMENTS

B.4.1 BPA SUB ITEM NUMBER *X01 MRB-AT

(a) General

(1) The MRB must be able to load mixed chemicals into an aircraft 3” camlock type loading port at a minimum rate of 400 gallons per minute (GPM) and capable of mixing retardant at a rate of 100,000 gallons over a 12 hour period.

(2) The mix unit must be capable of providing retardant to two pits at least 150’ apart (not simultaneously).

(3) The Contractor’s MRB shall be able to draft and/or pump all required water from a non-pressurized source, a distance of at least 400 feet, in quantities sufficient to meet the mixing and loading requirements stated above.

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

(4) The Contractor shall provide all equipment, personnel, transportation, and other items needed to meet the requirements, and assist the Agency with managing retardant inventory.

(b) Required Equipment

(1) One (1) Mix Storage Tank: Tank must be a steel, aluminum, or similar solid tank with at least 5,000 gallon capacity.

(2) Secondary Containment Systems: The Contractor shall provide secondary containment for all fire chemical tanks, fuel tanks, and mixing systems. Containment systems shall be deployed during all operations and capable of holding 110% of the largest tank capacity within the secondary containment, to ensure containment of all chemicals that could potentially escape from the mixing system and portable tanks.

(3) 1,000 feet of 4” quick-connect manifold

(4) Connecting hoses fittings, loading hoses and valves

(5) Retardant testing kit (i.e. refractometer, marsh funnel & necessary supplies for quality assurance)

(6) Base tool kit and spare parts

(7) Mix/load pumps capable of producing a minimum of 400 GPM deliveries to airtankers

(8) 2 complete loading systems (2-3” loading valves, 2-50’ x 3” pressure hose, 14 hose skates)

(9) Forklift – Product and equipment movement (if needed for powder operations)

(10) All vehicles necessary to support operations under the BPA. All commercial motor vehicles must meet all DOT requirements. The regulations can be found at the following website: www.fmcsa.dot.gov.

(11) First Aid Kit and Fire Extinguisher rated to 2BC

B.4.2 BPA SUB ITEM NUMBER *X02 MRB-VLAT

(a) General

(1) The MRB must be able to load mixed chemicals into an aircraft 3” camlock type loading port at a minimum rate of 400 GPM and capable of mixing retardant at a minimum rate of 100,000 gallons over a 12 hour period.

(2) The Contractor’s MRB shall be able to draft and/or pump all required water from a non-pressurized source, a minimum distance of 400 feet, in quantities sufficient to meet the mixing and loading requirements stated above.

(3) The Contractor shall provide all equipment, personnel, transportation, and other items needed to meet the requirements, and assist the Agency with managing retardant inventory.

http://www.fmcsa.dot.gov/

(b) Required Equipment

(1) Mix Storage Tank(s) (one or two separate tanks). Tank(s) must be a steel, aluminum, or similar solid tank(s) with at least 10,000 gallon capacity.

(2) Secondary Containment Systems: The contractor shall provide secondary containment for all fire chemical tanks, fuel tanks and mixing systems. Containment systems shall be deployed during all operations and capable of holding 110% of the largest tank capacity within the secondary containment, to ensure containment of all chemicals that could potentially escape from the mixing system and portable tanks.

(3) A minimum of 1,000 feet of 4” quick-connect manifold

(4) Connecting hoses fittings, loading hoses and valves

(5) Retardant testing kit (i.e. refractometer, marsh funnel & necessary supplies for quality assurance)

(6) Base tool kit and spare parts

(7) Mix/load pumps capable of producing a minimum of 600 GPM delivery to airtankers

(8) Forklift – Product and equipment movement (if needed for powder operations)

(9) All vehicles necessary to support operations under the BPA. All commercial motor vehicles must meet all DOT requirements. The regulations can be found at the following website: www.fmcsa.dot.gov

(10) First Aid kit and Fire Extinguisher rated to 2BC;

B.4.3 BPA SUB ITEM NUMBER *X03 MRB-H

(a) General

(1) The MRB must be able to load mixed chemicals into helicopters at a minimum rate of 300 gallons per minute and capable of supplying 21,000 gallons per hour.

(2) The mix unit must be capable of providing retardant for one pit at least 400 feet from mix site.

(3) The Contractor’s mobile base must be able to draft and/or pump all required water from a non-pressurized source, a minimum distance of 300 feet, in quantities sufficient to meet the mixing and loading requirements stated above.

(4) The Contractor shall provide all equipment, personnel, transportation, and other items needed to meet the requirements, and assist the Agency with managing retardant inventory.

(b) Required Equipment

(1) One (1) Open-Top Mix Storage Tanks. Tank must be a steel, aluminum, or similar solid tank with at least 5,000 gallon capacity. Tank must be open-top product dip tank with minimum opening diameter of 10 feet and water depth of at least 8 feet.

(2) One (1) Open-Top Fresh Water Rinse Tank. The mobile base must include at least one separate steel, aluminum, or similar solid open-top fresh water rinse tank with a minimum 5,000 gallon capacity above for rinsing residual retardant off of helicopter loading equipment, and to facilitate delivery of water during mop-up, and direct attack operations. Tank must be open-top with a minimum opening diameter of 10 feet and water depth of at least 8 feet. Exterior and interior of tanks must be free of helicopter bucket and snorkel snag hazards such as jagged sheet metal edges, exposed screws or bolt heads and hooks.

(3) Secondary Containment Systems. The Contractor shall provide for secondary containment equivalent to at least 110% of the tank capacity of chemical (retardant) and fuel tanks to ensure containment of all chemicals that escape from the mixing system and portable tanks, in order to prevent runoff into year-round or seasonal water sources.

(4) A minimum of 1,000 feet of 4” quick-connect manifold

(5) Connecting hoses fittings, loading hoses and valves

(6) Retardant testing kit (i.e. refractometer, marsh funnel & necessary supplies for quality assurance)

(7) Base tool kit and spare parts

(8) Mix/load pumps capable of producing a minimum of 300-400 GPM delivery to helicopters

(9) Forklift – Product and equipment movement (if needed for powder operations)

(10) First Aid Kit and Fire Extinguisher rated to 2BC

B.4.4 BPA SUB ITEM NUMBER *X04 MRB-SEAT

(a) General

(1) The MRB must be able to load mixed chemicals into a single SEAT at a minimum rate of 200 GPM and capable of supplying a minimum of 12,000 gallons per hour.

(2) The mix unit must be capable of providing retardant for one pit at least 400 feet from mix site.

(3) The Contractor’s mobile base must be able to draft and/or pump all required water from a non-pressurized source, a minimum distance of 300 feet, in quantities sufficient to meet the mixing and loading requirements stated above.

(4) The Contractor shall provide all equipment, personnel, transportation, and other items needed to meet the requirements, and assist the Agency with managing retardant inventory.

(b) Required Equipment

(1) One (1) Mix Storage Tank. The mix storage tank must be a steel, aluminum, or similar solid tank with at least 2,400 gallon capacity.

(2) Secondary Containment Systems. The Contractor shall provide for secondary containment equivalent to at least 110% of the tank capacity of chemical (retardant) and fuel tanks to ensure containment of all chemicals that escape from the mixing system and portable tanks, in order to prevent runoff into year-round or seasonal water sources.

(3) A minimum of 600 feet of 4” quick-connect manifold

(4) Connecting hoses fittings, loading hoses and valves

(5) Retardant testing kit (i.e. refractometer, marsh funnel & necessary supplies for quality assurance)

(6) Base tool kit and spare parts

(7) Mix/load pumps capable of producing a minimum of 200 GPM delivery to SEATs

(8) 2 complete loading systems (2-3” loading valves, 2-50’ x 3” pressure hose, 14 hose skates)

(9) Forklift – Product and equipment movement (if needed for powder operations)

(10) All vehicles necessary to support operations under the BPA. All commercial motor vehicles must meet all DOT requirements. The regulations can be found at the following website: www.fmcsa.dot.gov

(11) First Aid Kit and Fire Extinguisher rated to 2BC

B.5 OPERATIONS

(a) Personnel

(1) The Contractor shall supply the following minimum compliment of personnel based on the MRB ordered:

• MRB-AT: a three (3) person crew who will operate the system and provide technical services.

• MRB-VLAT: a five (5) person crew who will operate the system and provide technical services.

• MRB-H: a Four (4) person crew who will operate the system and provide technical services.

• MRB-SEAT: a two (2) person crew who will operate the system and provide technical services.

(2) A minimum of one crewmember on all MRBs shall be a qualified mix-master and hold the specifications below:

(i) Mix-masters shall have undergone a formal training program for mix-masters which includes the following:

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.

Simultaneous and/or Hot Loading training will be accomplished in conjunction with agency personnel in accordance with procedures as outlined in the base specific Simultaneous and/or Hot Loading Plan.

(ii) Mix-masters shall have taken the following training prior to performing mix-master duties under the BPA:

(A) ICS-100, Introduction to ICS. Available at http://training.nwcg.gov/courses/i100.html Needs to be updated can’t find course online

(B) IS-700.A, National Incident Management System (NIMS) An Introduction. Available at http://training.fema.gov/EMIWeb/IS/courseOverview.aspx?code=is-700.a

(iii) The Government recommends the following courses:

(A) A-100, Basic Aviation Safety. Available at https://www.iat.gov.

(B) A-104, Overview of Aircraft Capabilities & Limitations. Available at https://www.iat.gov.

(3) Additional personnel will be ordered and provided by the Contractor for powder operations as necessary. Contractor will be responsible for providing a copy of the BPA to the ordering Agency representative upon initial arrival at the incident.

(4) The Contractor shall ensure that only employees’ essential to the operation be on site during operations.

(5) Work Rest and Length of Assignment. The Contractor is required to follow the following work rest guidelines:

(i) Duty shall not exceed 14 consecutive days (excluding Travel).

(ii) Duty shall not exceed 16 hours per day.

(iii) Personnel shall have a minimum of two (2) days off work (rest) after return home from the completion of any 14 day consecutive day period.

(6) Mix-masters ordered under CLIN X18 shall meet the requirements above for mix-masters. Mix-master duties may include the following:

(i) Reports to the Airtanker/SEAT Base Manage/Air Support Group Supervisor AOBD, who provides daily or more frequent briefings.

(ii) Supervises mixing operations. (See important note under Mixing Crew duties and responsibilities).

(iii) Ensures LTFR products are provided to airtanker(s) at the rate specified and for the expected duration.

(iv) Checks all accessory equipment such as valves, hoses, pumps, and tanks for operation.

http://training.nwcg.gov/courses/i100.html http://training.fema.gov/EMIWeb/IS/courseOverview.aspx?code=is-700.a https://www.iat.gov/ https://www.iat.gov/

(v) Takes immediate steps to obtain personnel and equipment to perform operations safely and efficiently.

(vi) Plans the specific layout of the plant to conduct operations; is responsible for the cleanliness of the plant area.

(vii) Maintains quality control program for the LTFR.

(viii) Logs and reports pounds and gallons of retardant loaded to the Aircraft Timekeeper or ATB/SEAT Manager.

(ix) Ensures the safety and welfare of personnel working around the plant.

(x) Reports all hazards and incidents/accidents immediately to the Base Manager or AOBD who documents the event.

(xi) Loads LTFR.

(7) Loaders under CLIN X19 shall be capable of lifting a minimum of 50 pounds and shall assist the mix-master in performing all duties required by the mix-master.

(b) Additional Equipment

(1) MRB Trailer under CLIN X21 must be able to load LC 95A-R/W/F at a minimum rate of 199 gallons per minute, and include 1 qualified person, pumping equipment, transportation and other items to meet the requirement. Aluminum tanker with 6,000 – 10,000 gallon capacity, 3” and 4” recirculating/off-load pump, 3” and 4” male camlock discharge, all necessary discharge hose.

(c) Environmental Controls

(1) The MRB site will be at least 300 feet from any waterway, including seasonal lakes or streams, if water is present.

(2) Site Spill containment plan. The Contractor and the Agency representative at the incident will jointly develop a Site Spill Management Plan.

(3) The MRB Contractor will be responsible for the removal and disposal of chemical residue and chemical spills created in the retardant mixing area or due to accident or negligence of MRB personnel. All clean-up and disposal will be accomplished in accordance with state and federal environmental regulations.

(4) Spills that result from Aircraft companies, Agency personnel, other Agency contractors, or natural disaster will not be the MRB Contractor’s responsibility. The MRB Contractor may be required to assist in the clean-up efforts. Any additional cost associated with the cleanup must be approved by the contracting officer.

(5) All wash-down water generated from cleaning aircraft and ramp surfaces shall be the ordering Agency’s responsibility for disposal.

(6) At the close of a MRB incident, unused mixed LTFR and wash-down water created from retardant equipment clean-up is the responsibility of the Agency.

(7) At locations where waste water collection and/or containment are shared by Contractor and agency, disposal costs may be pro-rated based on estimated gallons generated by the Government or Contractor.

(8) All chemical spills into waterways or other identified avoidance areas will be reported to the Incident Commander, through the on-site agency representative and to the CO or COR within 24 hours of the time of the spill. Information regarding fire chemical misapplications can be found at https://www.fs.fed.us/managing-land/fire/chemicals.

(9) Contractors using untreated water sources (i.e. stream, river, lake, reservoir, canal, etc.) for MRB operations must comply with Guide to Preventing Aquatic Invasive Species Transport by Wildland Fire Operations, PMS 444, January 2017 https://www.nwcg.gov/sites/default/files/publications/pms444.pdf

(10) The Contractor shall possess an environmental plan. The plan will be approved by the Government and shall be maintained with the MRB at all times when operating.

(d) Quality Assurance

(1) Sample testing shall be performed during mixing and pumping operations in accordance with Lot Acceptance, Quality Assurance (LAQA), and Field Quality Control for Fire Retardant Chemicals, Publication Number: NFES 1245 May 2000. LTFR samples from MRB operations are excluded from the LAQA requirements for systematic 1 quart samples submitted to National Technology and Development Program (NTDP).

However, at the government’s request, the Contractor shall provide 1 quart retardant sample for quality assurance testing.

(2) Field Quality Control testing shall be accomplished by the Contractor and monitored by the on-site Government Representative.

(i) All test results shall be recorded on similar forms furnished in the back of the Field Quality Control of Fire Retardant Chemicals publication.

(ii) Test results shall be maintained in the BPA package.

(3) The Contractor shall be required to test and document every aircraft load for salt content (refractometer reading). Test results of each load shall be documented on the Retardant Mixing Summary Form in of the Lot Acceptance, Quality Assurance, and Field Quality Control for Fire Retardant Chemicals guide or a reasonable alternative form.

(4) The Contractor shall test for viscosity using either a Marsh Funnel or BrookField Viscometer, by taking samples every five (5) to ten (10) aircraft loads and analyzing samples at the end of each day. Test samples may be returned to the mix tank, rather than seeking separate disposal. Test results shall be documented on Retardant Mixing Summary form in Appendix 1 of the Lot Acceptance, Quality Assurance, and Field Quality Control for Fire Retardant Chemicals guide or a reasonable alternative form (Exhibit D-1).

(5) The Contractor shall re-circulate mixed and concentrated retardant as appropriate for the product.

(6) The Contractor shall test mixed retardant in storage for compliance every 7 days.

https://www.fs.fed.us/managing-land/fire/chemicals

(e) Personal Protective Clothing and Equipment

All Contractor employees will wear appropriate personal protective equipment (PPE) as required by the Agency and OSHA regulations as applicable.

(f) General

(1) Condition of Equipment

(A) 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. Prior to incident use or anytime the resource is under hire, the Government may perform inspections.

(B) If the resource does not pass inspection at the incident or designated inspection station, it is considered noncompliant. The Contractor may be given 24 hours or time frame designated by Government representatives to bring the resource into compliance. If the resource does not pass inspection, no payment will be made for travel to the incident or point of inspection or return to the point of hire, or for the time that the resource was not available.

(2) Operating Supplies

Operating supplies include fuel, oil, filters, lube/oil changes shall 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.

(3) Equipment Repairs

Repairs to equipment shall be made by 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.

(4) The Contractor will be responsible for all accidents, injuries, breakdowns, and equipment malfunctions suffered by their equipment or employees while operating under the BPA, unless the cause of the incident is the result of: Public Individuals, other Agency contractors, or Agency personnel.

(5) The Contractor will be responsible for the storage and care of all retardant ordered to support the MRB.

(6) Retardant type and quantities required will be ordered by the Contractor personnel, based upon mutual agreement of the Contractor and the Government.

(7) On-hand unmixed quantities of bulk product shall be determined by the Agency.

B.6 GOVERNMENT PROVIDED EQUIPMENT

(a) The Government shall provide the following to support MRB operations:

(1) Water - Water at a rate of 350+ Gallons per Minute (GPM) to the MRB. This may include providing water from: water tenders, pressurized source or, drafting source. All necessary 2.5” hose will be supplied by the Government.

(2) Mass Flow meters – The Government shall provide a Mass Flowmeter for each MRB ordered for Airtankers, Very Large Airtankers, and SEATs. All LTFR products loaded onto MRB AT, MRB VLAT, and MRB SEATs shall be loaded through mass flowmeters reading in total pounds delivered. Pounds will then be converted to gallons. Calibration and verification to insure meter accuracy will be performed as stated in the Forest Service guide: "User/Procurement Manual for Retardant Measurement Mass Flowmeter". Each meter will be calibrated by the Government.

B.7 DOCUMENTATION

(a) Contractor personnel shall complete the Mobile Retardant Base Daily Operations Report Form (Exhibit D.2) each day documenting all charges applicable to the MRB. The Contractor shall include all costs associated with retardant on the form.

(b) Contractor personnel shall complete the Long-Term Fire Retardant Use Summary Report form (Exhibit D.3) each day documenting all LTFR product delivered, consumed and returned.

The Contractor shall document all costs associated with the LTFR on the form. This form and any supporting documentation (for example - signed Bill of Lading) are to be sent to the LTFR supplier for their invoicing purposes.

(c) The Contractor shall complete appropriate Retardant Storage Summary Forms (Exhibit D.4) for each load of retardant loaded into aircraft. Retardant Mixing Summary Form can be found in Appendix 1 of the Lot Acceptance, Quality Assurance, and Field Quality Control for Fire Retardant Chemicals guide or a reasonable alternative form.

(d) The Contractor shall provide a copy of the Mobile Retardant Base Daily Operations Report Form (Exhibit D.2) and the appropriate Retardant Mixing Summary sheets with the submission of each invoice.

(e) The Contractor shall provide a copy of the Resource Order to the contracting officer within 3 days of accepting an order. Email this copy to Larry.robillard@usda.gov.

SECTION C – CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (Deviation 2017-

1) (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137572 occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

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(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5 (b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

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(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2033_2.html#wp1079912 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2032_6.html#wp1031290

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

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(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all…