1202SC21Q0003 Amd 0001 Questions and Answers.pdf
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- 1202SC21Q0003
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Department of Agriculture Forest Service
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Solicitation No. 1202SC21Q0003 – Questions and Answers U.S. Forest Service - Aviation Consulting Services Procurement and Property Services
1. Page 14, #6.3: Assuming the first sentence in 6.3 is a typo and that the Air Operations Consultant requirements begin after the “Air Operations Consultant” header. Please confirm.
Answer: See page 14, #6.3. Sentence removed from 6.3 “Must have previous Washington Office or experience in Aviation Management at the Program or Branch level.” Refer to page 14, #6.2.4. on attached RFQ below.
2. Page 16, #8: Travel is indicated as not applicable. The Pre-Solicitation Notice indicated that the Place of Performance will be Boise, Idaho. Is it accurate to assume that any need for travel outside of the Boise area would be identified during the steps defined in Ordering Procedures, 9.2, and that anticipated travel costs (based on Federal Travel Regulations) would then be projected by the Contractor and authorized by the CO?
Answer: Work will be performed via email, telephone, and video conferencing.
3. Who is the incumbent for this contract?
Answer: The incumbent(s) for the current contract are: Janine Smith LLC, dba On Course Safety and 9Line, LLC
4. What is the current contract number?
Answer: The contract numbers for the current contract(s) are: AG-024B-C-16-0014 and
AG-024B-C-16-0015
5. Can you provide us with a seniority list?
Answer: Both contractors are utilized equally.
6. In regards to the submission of the proposal, would the government prefer separate volumes or one volume? Besides the resume limits, are there any other page limits to this solicitation? Are attachments allowed or would the government prefer everything in one document?
Answer: The proposal can be in separate volumes. Besides the resume limits, there are no other page limitations.
7. On page 1, the solicitation indicates that the offeror's proposal should have 4 items. On page 43, the solicitation indicates additional information that shall be provided including resumes and list of key personnel. Please confirm that the government wishes for everything on page 43 versus what is published on page 1.
See revisions to Page 1, Offeror’s Copy.
OFFEROR’S COPY
(Ref. 48 CFR 1) Issuing Office:
U.S. 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://beta.sam.gov/ Offers Are Solicited For:
US Forest Service Aviation Consulting Services
Solicitation No:
1202SC21Q0003 -
Amend0001
Issued Date:
02 March 2021
IMPORTANT – NOTICE TO OFFEROR
- Quotes are due 16 March 2021 @ 2:00 PM Mountain Time.
- In addition to the items listed in Section E.3(b), 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 pricing information requested under Section B.1 – Schedule of Items.
3. Provide your responses to Sections E.7, E.8, and E.9 of the solicitation.
4. Signed acknowledgement of any material amendments issued to the solicitation. .
THE SOLICITATION PACKAGE SHALL BE RETURNED ELECTRONICALLY TO THE FOLLOWING
EMAIL ADDRESS(ES):
Anna Apodaca – Contracting Officer – anna.marceau@usda.gov Courtesy copy to: Brenda Simmons – Contract Specialist – brenda.simmons@usda.gov
Solicitation Questions. Quoters may email questions regarding this solicitation to Anna Apodaca at anna.apodaca@usda.gov with a courtesy copy to Brenda Simmons at brenda.simmons@usda.gov before 9 March 2021 at 2:00 PM MST. All emailed questions shall be submitted with the subject line as RFQ 1202SC21Q0003- Questions.
“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://beta.sam.gov/ mailto:anna.marceau@usda.gov mailto:brenda.simmons@usda.gov
Solicitation No. 1202SC21Q0003 – Amendment 0001 USDA Forest Service Aviation Consulting Services Procurement and Property Services
TABLE OF CONTENTS
SECTION A - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
STANDARD FORM SF-1449
B.1 SCHEDULE OF ITEMS
B.2 PERFORMANCE WORK STATEMENT
C.1 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
C.2 CLAUSES INCORPORATED BY FULL TEXT
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS -- COMMERCIAL ITEMS (FAR 52.212-5) (DEVIATION 2017-1 AND
DEVIATION APR 2020) (JAN 2021) ................................... ERROR! BOOKMARK NOT DEFINED.
C.3 EFFECTIVE PERIOD OF THE CONTRACT (AGAR 452.211-75) (FEB 1988)
C.4 ORDERING (FAR 52.216-18) (OCT 1995)
C.5 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995)
C.6 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (AGAR 452.216-73) (FEB 1988)
C.7 INDEFINITE QUANTITY (FAR 52.216-22) (OCT 1995)
C.9 OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MAR 2000)
C.10 OPTION TO EXTEND SERVICES (FAR 52.217-8) (NOV 1999)
C.11 ORGANIZATIONAL CONFLICT OF INTEREST (OCI)
C.12 KEY PERSONNEL (AGAR 452.237-74) (FEB 1988)
C.13 PERSONNEL
C.14 ADDENDUM TO FAR 52.212-4 (G) INVOICES
C.15 NOTICE OF CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM
C.16 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)
C.17 POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)
SECTION E
SOLICITATION PROVISIONS
E.1 GENERAL INFORMATION
E.2 SIZE STANDARD AND NAICS CODE INFORMATION (AGAR 452.219-70) (SEP 2001)
E.3 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FAR 52.212-1) (JUN 2020)
(TAILORED)
E.4 EVALUATION - COMMERCIAL ITEMS (FAR 52.212-2) (JAN 1999)
E.5 INQUIRIES (AGAR 452.204-70) (FEB 1988)
E.6 SINGLE OR MULTIPLE AWARDS (FAR 52.216-27) (OCT 1995)
E.7 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION (AGAR 452.209-70) (DEVIATION 2012-01) (FEB 2012)
(ALTERNATE 1)
E.8 INFORMATION REGARDING RESPONSIBILITY MATTERS (FAR 52.209-7) (OCT 2018)
E.9 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (FEB
2021)
Solicitation No. 1202SC21Q0003 – Amendment 0001 (10Mar21) U.S. Forest Service
B.1 SCHEDULE OF ITEMS
(a) The Contractor shall complete the pricing below. Offeror’s must provide pricing for all years and all positions to be eligible for award. Contractor’s rates shall be fully burdened, and no additional costs will be authorized.
Base Year: April 1, 2021 – March 31, 2022
ITEM ITEM DESCRIPTION
UNIT OF
MEASURE
PRICE PER
UNIT
ESTIMATED
UNITS
0001 Program Manager Hourly $ 500
0002 Air Operations Consultant Hourly $ 500
0003 Technical Writer Hourly $ 400
0004 Formal Note Taker Hourly $ 500
Option Period One: April 1, 2022 – March 31, 2023
ITEM ITEM DESCRIPTION
UNIT OF
MEASURE
PRICE PER
UNIT
ESTIMATED
UNITS
1001 Program Manager Hourly $ 500
1002 Air Operations Consultant Hourly $ 500
1003 Technical Writer Hourly $ 400
1004 Formal Note Taker Hourly $ 500
Option Period Two: April 1, 2023 – March 31, 2024
UNIT OF
MEASURE
PRICE PER
UNIT
ESTIMATED
UNITS
2001 Program Manager Hourly $ 500
2002 Air Operations Consultant Hourly $ 500
2003 Technical Writer Hourly $ 400
2004 Formal Note Taker Hourly $ 500
Option Period Three: April 1, 2024 – March 31, 2025
UNIT OF
MEASURE
PRICE PER
UNIT
ESTIMATED
UNITS
3001 Program Manager Hourly $ 500
3002 Air Operations Consultant Hourly $ 500
3003 Technical Writer Hourly $ 400
3004 Formal Note Taker Hourly $ 500
Option Period Four: April 1, 2025 – March 31, 2026
UNIT OF
MEASURE
PRICE PER
UNIT
ESTIMATED
UNITS
4001 Program Manager Hourly $ 500
4002 Air Operations Consultant Hourly $ 500
4003 Technical Writer Hourly $ 400
4004 Formal Note Taker Hourly $ 500
B.2 PERFORMANCE WORK STATEMENT
FOREST SERVICE AVIATION CONSULTANT SERVICES
1. INTRODUCTION
1.1. The Forest Service (FS) seeks a contractor to provide Aviation Consultant Services. This is a non-personal services performance-based contract to provide specific analysis, data gathering, writing, development, coordination and group facilitation with the agency Subject Matter Experts for the Forest Service Fire and Aviation Management organization. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the USDA Forest Service (FS).
1.2. The Contractor shall provide all necessary personnel, supervision, management, and quality control in support of the Forest Service Fire and Aviation Management program to perform aviation consulting and support services to the standards described in this Performance Work Statement (PWS).
2. BACKGROUND
2.1. The Forest Service, Washington Office for Aviation has a need to procure technical services for statistical, data and policy support for ongoing National level projects that require professional writing services for development of management, technical, decisional and strategic documents such as publications and Decision Memos.
3. OBJECTIVES
The Contractor may be required to perform the following functions under this contract:
3.1. Analyze data and develop outcomes associated with National Aviation Safety issues and trends.
3.2. Develop strategic plans for aviation support missions.
3.3. Conduct analysis of government provided, or contractor collected, personnel and budgetary data.
3.4. Create supporting organizational or public documents for the National Aviation Program.
3.5. Conduct studies to gather aviation and aircraft data and define aircraft needs. A General Accounting
Office (GAO) audit FY2013 identified key elements that the Forest Service desires to develop in order to possess full understanding of firefighting aircraft needs. They are analysis of aircraft types, basing options, acquisition models, aircraft capabilities, suppression methods, and aircraft performance and effectiveness.
3.6. Perform gap analysis of agency standards and policies against actual performance and production in field operations.
3.7. Identify changes to documentation to reflect an actual operations system. The contractor may assist in the development and improvement of the system and conduct post and pre-season audits as follow-up quality assurance.
3.8. Provide change or transition management process guidance or facilitation to agency programs undergoing operational, policy, procedural or other change or transitions.
3.9. Provide technical writing support to USDA Forest Service in development of USFS Policy, Handbooks, Directives, and other USFS documents as directed by the federal Government.
4. TASKS
4.1. The Contractor shall provide all necessary personnel, supervision, management, equipment, supplies and quality control to provide professional, engineering, and technical support services to the standards described in this Performance Work Statement (PWS). The Contractor shall provide the following expertise and skills to perform the following services:
4.1.1. Program Manager
4.1.1.1. Maintain responsibility for adhering to established schedule draft revisions with the government.
4.1.1.2. Maintain responsibility for adhering to Quality Assurance Reviews.
4.1.1.3. Serves as the point of contact for any technical, quality or content issues with the deliverable.
4.1.1.4. Ensures final deliverable meets contract specifications.
4.1.1.5. Evaluate Agency provided manuals, reports, safety action plans and other work.
4.1.1.6. Provide classroom instruction and presentations to meetings of fire and aviation managers.
The contractor maybe asked to facilitate the same meetings.
4.1.2. Air Operations Consultant
4.1.2.1. Ensure policy, data and references to guidance are relevant, accurate and up to date.
4.1.2.2. Provide technical support in data, policy, and guidance interpretation.
4.1.2.3. Conduct analysis of government provided, or contractor collected aircraft data.
4.1.2.4. Conduct ongoing safety impact analyses (risk management and safety assurance) as well as program audits and quality assurance projects to facilitate change management and analyze aviation related data for the national aviation management program.
4.1.3. Technical Writer
4.1.3.1. Creates Report/Decision Memorandum, through summarization, of Forest Service provided data from various program elements such as budget, human resources, roles and responsibilities and program of work pertaining to the Forest Service National Aviation Program.
4.1.3.2. Writes Report/Decision Memorandum that includes options and decisions that result in a clear and accurate summarization of the reviewed data with key graphics that supports the specific desired goal as stated in the objective of the project for the Forest Service.
4.1.3.3. Edits technical and instructional publications. The editor has knowledge of US Forest Service Aviation Programs. The contractor will receive a digital copy of the Forest Service data gathered pertaining to the requested product.
4.1.3.4. Provides a preface narrative that illustrates the objective of the project and subsequent report and Decision Memo.
4.1.3.5. Compiles information in an executive manner for presentation to include graphics i.e. data tables, aesthetics, photos.
4.1.3.6. Provides Content Editing. Reviewing the document for ease of understanding and proper grammar while considering the overall organization of written elements, as well as relationships among paragraphs.
4.1.3.7. Reviews the document looking for typos and errors in punctuation and spelling, adjusting formatting and styles, cross-checking references and table or figure numbers, finalizing/standardizing page numbering and the table of contents. Ensuring that all acronyms are properly identified.
4.1.3.8. Prepares Table of Contents to assist reader with accurate identification of content and format. Simplify so future updates are easily adjusted.
4.1.3.9. Ensures that the entire document (including graphics) meets the requirements of 508 compliance for US Government publications. Document will be provided to editor in standard word format.
4.1.3.10. Ensures that the report prints correctly. Print out a spiral-bound test copy (8 ½” x 11”).
4.1.3.11. Possesses knowledge of current computer applications necessary to edit and format a government publication.
4.1.3.12. Provides editing and format suggestions and skills to the Agency and identified Point of Contact (POC).
4.1.3.13. Assists the POC with ideas and/or innovation for formatting, editing and graphics, while considering the document is to be utilized to obtain an executive level decision.
4.1.3.14. Provides hardcopy reports, and final documents in an editable electronic version Microsoft Word 2013 or later version and Adobe Acrobat Reader DC 2020 pdf.
4.1.3.15. Provides separate editable files in each format listed above in an all-inclusive file of the entire document that is in a format that can easily be updated by the Agency.
4.1.3.16. Provides contact information including email and phone number(s).
4.1.3.17. Freshens or updates graphics provided by the POC.
4.1.4. Formal Notetaker
4.1.4.1. Record all pertinent information from different applicable sources and platforms.
4.1.4.2. Capture the essence of different forms of information.
4.1.4.3. Establish note taking from different sources (such as meetings and phone calls); therefore, the notes serve as a formal record of events.
5. GENERAL INFORMATION
5.1. Federal Holidays
5.1.1. Any work at the Government site shall not take place on Federal holidays or weekends unless directed by the Contracting Officer (CO). The Contractor is to observe as a nonwork day. There are ten (10) Federal holidays set by law (USC Title 5 Section 6103) that the USFS follows:
• New Year's Day (January 1).
• Birthday of Martin Luther King, Jr. (Third Monday in January).
• Washington's Birthday (Third Monday in February).
• Memorial Day (Last Monday in May).
• Independence Day (July 4).
• Labor Day (First Monday in September).
• Columbus Day (Second Monday in October).
• Veterans Day (November 11).
• Thanksgiving Day (Fourth Thursday in November).
• Christmas Day (December 25)
5.2. Contracting Officer Representative (COR)
5.2.1. The COR will be identified by separate letter issued by the Contracting Officer identifying their responsibilities and limitations and a copy provided to the Contractor. The COR monitors all technical aspects of the contract, assists in contract administration and is the Contractor’s main point of contact for work related issues. The COR is not authorized to change any of the terms and conditions of the resulting contract. Work issues leading to changes in the terms and conditions must be referred to the Contracting Officer for resolution.
5.3. Payment
5.3.1. The Contractor may invoice a minimum of every 30 days for services completed and accepted under a Task Order by the COR through the Internet Payment Processing System (IPP). Invoices shall be in sufficient detail to validate the request for payment. The Contractor shall cite the CLIN/SubCLIN(s) being invoiced against. Attach a summary of work completed and accepted by the Government to the invoice in IPP for the period being invoiced. Include as a minimum the CLIN, summary of work completed by task, labor disciplines used, and hours expended.
6. PERSONNEL KNOWLEDGE, SKILLS, AND ABILITIES REQUIRED
6.1. All Program Managers and Air Operations Consultants performing under this contract shall hold the following skills, knowledge, and abilities:
6.1.1. Technical analysis, general writing and editing, and presentation skills.
6.1.2. Technical knowledge of wildland firefighting, aviation, aircraft performance data, capabilities, and effectiveness in firefighting missions.
6.1.3. Knowledge of Forest Service operational Fire and Aviation Management (FAM) culture.
6.1.4. Knowledge of Forest Service firefighting and resource protection for example: smoke jumper, helicopter, rappel, short haul, aerial supervision, large airtanker, scooper operations, staffing, and aircraft use in support of the agency mission.
6.1.5. Experience and expertise in aviation human factors for organizations working in high-risk, high-consequence environments. Experience shall include classroom instruction and instructional development and design.
6.1.6. Experience and expertise in doctrinal development, change management, and quality assurance for organizations working in high-risk, high consequence environments.
6.1.7. Knowledge and ability to advise and support the development of direction for the Forest Service’s aviation Safety Management Systems program.
6.1.8. Knowledge and ability to advise and support the development of direction for the Forest Service’s aviation Operations in natural resources program management.
6.2. Program Manager. In addition to the skills, knowledge, and abilities in PWS 6, the Program Manager shall possess the following qualifications and experience requirements:
6.2.1. One fire season (90 days) experience as a federal firefighter or equivalent wildland fire assignment; AND
6.2.2. Three years of experience working with wildland fire aviation operations or management in at least one of the following:
6.2.2.1.1. USFS Aerial Supervision
6.2.2.1.2. USFS Airtanker operations
6.2.2.1.3. USFS Smokejumper operations
6.2.2.1.4. USFS Helicopter operations
6.2.3. Two years of experience with Forest Service Washington Office Safety Management Systems or
Aviation Safety Programs.
6.2.4. Must have previous Washington Office or experience in Aviation Management at the Program or Branch level.
6.3. Must have previous Washington Office or experience in Aviation Management at the Program or Branch level. Air Operations Consultant (See Option A and B described below) In addition to the skills, knowledge, and abilities in PWS 6, the Air Operations Consultant shall possess the following qualifications and experience requirements:
6.3.1. One fire season’s (90 days) experience as a firefighter or equivalent wildland fire assignment;
AND
6.3.2. Three years of experience working with wildland fire aviation operations or management in at least one of the following:
6.3.2.1.1. USFS Aerial Supervision, ATGS
6.3.2.1.2. USFS Airtanker Base Manager
6.3.2.1.3. USFS Smokejumper Spotter or Base Manager
6.3.2.1.4. USFS Helicopter Manager or Rappel Spotter
6.3.2.1.5. Air Operations Branch Director
6.3.3. Option A - Pilot. In addition to the requirements in PWS 6, Option A personnel shall meet the following requirements:
6.3.3.1. Five years of experience as a fixed wing pilot in either civilian or military (MOS or AFSC) flight operations; AND
6.3.3.2. Certificated aviation ground or flight instructor. Or, individuals possessing a Master’s degree in aviation, education, or a closely related field may substitute education and classroom instruction experience specific to aviation for the 5 years as a ground/flight instructor.
6.3.3.3. One fire season’s (90 days) experience as a federal firefighter or equivalent wildland fire assignment; AND
6.3.3.4. Three years of experience working with wildland fire aviation operations or management in at least one of the following:
6.3.3.4.1. USFS Aerial Supervision
6.3.3.4.2. USFS Airtanker operations
6.3.3.4.3. USFS Smokejumper operations
6.3.3.4.4. USFS Helicopter operations
6.3.4. Option B – Aviation Manager. In addition to the requirements above 6.1, Option B personnel shall meet the following requirements:
6.3.4.1. Five (5) years’ experience in managing aviation operations in the fire suppression environment such as Operations Branch Director and/ or Air Attack Supervisor.
6.3.4.2. Experience in either fixed or rotor wing aircraft; AND
6.3.4.3. Three (3) years Aviation/Fire instructor. Or, individuals possessing a Master’s degree in aviation, education, or a closely related field may substitute education and experience providing classroom or simulator instruction specific to aviation operations for the Fed Certification as a ground instructor.
6.4. Technical Writer. Technical Writers possess the following qualifications and experience requirements:
6.4.1. Bachelor's degree or equivalent experience (2 years for every one year of college or 8 years’ experience).
6.4.2. Technological subject matter experience and the ability to write about topics related to basics aviation operations.
6.4.3. At least five (5) years of technical writing experience exhibiting solid grammar, spelling, and writing skills.
6.4.4. Measurable computer and keyboarding skills.
6.4.5. Excellent communication and listening skills, including the ability to communicate with senior management and other executive stakeholders.
6.4.6. Ability to write or dictate fast enough to capture and comprehend essential information in meetings, interviews with developers, and discussions.
6.4.7. Excellent writing and editing skills and strong understanding of specialized technical areas in aviation.
6.4.8. Strong computer background with emphasis on publishing software programs.
6.4.9. Proficiency with Microsoft Excel, Word, and Pagemaker and Adobe required.
6.4.10. Possess, and is proficient, with online meeting software such as but not limited to GoTo Meeting, Microsoft Teams, Zoom to facilitate editing and discussion needs.
6.4.11. Familiarization with operational specifications.
6.4.12. Experience working in an aviation environment preferred.
6.5. Formal Note Taker. Formal Note Takers possess the following qualifications and experience requirements:
6.5.1. Familiarization with aviation terminology.
6.5.2. Excellent communication and listening skills.
6.5.3. Ability to record accurately the decisions and major discussion points made at a meeting.
6.5.4. Ability to record the action items that meeting members committed to doing along with the due date that members committed to making. Action items have a name attached, but the general discussion does not state who said what in informal workplace meetings.
6.5.5. Ability to review the major decisions and the assignments or voluntary commitments and action items at the end of the meeting so participants can review and agree on happenings and commitments before leaving the meeting.
6.5.6. Ability to speak clearly to recap the discussion periodically during a meeting.
6.6. Additional Personnel Requirements. Personnel performing under the contract are:
6.6.1. Fluent in reading, writing, and speaking English.
6.6.2. Hold a U.S. Passport and capable of travel outside the United States.
6.6.3. Access to Contractor laptop/computer with Microsoft 2013 or later version installed.
6.6.4. Be capable of performing basic analytical functions using Microsoft Excel and be knowledgeable in Microsoft Word.
7. GOVERNMENT FURNISHED PROPERTY - N/A
8. TRAVEL - N/A
9. ORDERING PROCEDURES
9.1. Services under this agreement will be ordered by issuance of individual Task Orders issued by a Forest
Service (FS) Contracting Officer (CO) with the requisite authority. The terms and conditions of the basic contract and Task Order shall govern the performance of work. Where there are conflicts in terms and conditions, the basic contract takes precedence over the Task Order.
9.2. Each request for service will be coordinated by the CO and Contractor prior to award. The CO will provide as a minimum the description of services, deliverable(s), deliverable due dates, and Task Order performance period. The Contractor will respond with its work approach, proposed labor mix with resumes and associated hours to complete the work. The CO and Contractor shall come to agreement on the approach and price. The CO will then issue a Task Order using the applicable basic contract labor rates. Issuing the Task Order shall authorize the Contractor to begin work. Task Orders will be firm fixed price. Upon agreement of the terms and price, the Forest Service will issue a Task Order.
10. QUALITY CONTROL
10.1. The Forest Service relies on the Contractor’s existing quality assurance system for commercial services as a substitute for Government inspection and testing before tender for acceptance unless customary market practices for the commercial service being acquired include in-process inspection.
Any in-process inspection by the Government shall be conducted in a manner consistent with commercial practice. The Forest Service may conduct quality assurance for its benefit and has the right to refuse acceptance of nonconforming services. Quality issues with services tendered for acceptance or rejected by the Government shall be resolved under Contract Clause FAR 52.212-4(a), “Contract Terms and Conditions-Commercial Items”.
11. QUALITY CONTROL PLAN
11.1. The Contractor shall develop and maintain an effective quality control program (QCP) to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program, in compliance with safety guidelines and related best practices, is the means by which the contractor assures themselves that the work complies with the requirement of the contract. The Contractor shall submit a QCP to the Contracting Officer (CO) within ten calendar days of contract award and within 30 calendar days of any revision.
12. QUALITY ASSURANCE
12.1. The FS shall evaluate the Contractor’s performance under this contract in accordance with the
Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on FS surveillance techniques to ensure that the Contractor has performed in accordance with the contract terms. It defines how the performance standards will be applied, the frequency of surveillance, and the standards and acceptable quality levels cited in the Performance Requirements Table, paragraph 13.1.
13. PERFORMANCE REQUIREMENTS SUMMARY
13.1. The Performance Requirements Summary (PRS) table describes the acceptable quality level of performance expected by the Government and the means by which the Government may use to validate acceptable services. This Performance Requirements Summary shall govern the quality of work issued under each Task Order as applicable to the specific tasks ordered under the Task Order.
Performance Objective Performance Standards Performance Threshold/AQL
Method of Surveillance
PRS #1. PWS 11.1
The contractor shall develop and maintain an effective quality control program (QCP) in compliance with safety guidelines and related best practices.
The QCP is submitted within 10 calendar days of contract award and within 30 calendar days of any revision. The plan includes procedures to identify, prevent, and ensure non-recurrence of defective services, compliance with safety guidelines and related best practices
The QCP is submitted on time. The plan includes the elements required in the performance standards.
The Plan is acceptable upon first submission or requires no more than one revision.
COR review of deliverable
PRS #2. PWS 7
The Contractor complies with applicable security provisions
Contractor submits security information for Forest Service background check for employees within 5 business days of contract award.
Contractor employees receive favorably adjudicated Minimum Background Investigations
(NACI).
Contractor employee’s data is submitted to the COR for Background Investigations (NACI) within 5 calendar days of contract award resulting in no more than one unfavorable background request.
COR review of 100% of results of submissions
PRS #3. PWS 4
The Contractor shall perform service requirements as outlined in the PWS.
The Contractor shall maintain qualified personnel throughout life of contract.
Replacement of personnel does not result in degraded or late submission of deliverables.
COR review of deliverables.
Valid stakeholder feedback
PRS #4. PWS 6
The Contractor shall provide personnel with Knowledge, Skills, And Abilities outlined in the
PWS.
The Contractor shall maintain qualified personnel throughout life of contract.
Personnel meet or exceed the qualifications specified 100% of the time unless otherwise agreed to by the contractor and COR
COR monitoring and review of personnel qualifications.
Valid stakeholder feedback.
PRS #5. PWS 6
The Contractor’s Personnel shall perform all tasks in accordance with
Each labor category shall complete all work assignments in a quality and timely manner.
Deliverables are timely, No more than 2 corrections on draft document versions per deliverable. Final deliverable is timely with
COR review of deliverables
Valid stakeholder feedback the requirements in the
PWS
information is comprehensive and accurate no revisions required 100% of the time.
PRS #9. PWS 6
The Contractor shall submit all deliverables in accordance with PWS deliverable schedule
The Contractor deliverables conform to the standards outlined in the PWS and are delivered on time.
No more than 2 late deliverables per Task Order on draft versions.
Final deliverable is timely with no revisions required 100% of the time.
COR deliverable review
Valid Stakeholder feedback
14. DELIVERABLES
14.1. Deliverables shall be identified in each task order with applicable due dates. All deliverables shall be transmitted to the Forest Service COR electronically no less than ten (2) business days prior to an applicable meeting.
15. ORGANIZATIONAL CONFLICT OF INTEREST
15.1. Services under this contract/Indefinite Delivery Indefinite Quantity (IDIQ)/Task Order (TO) have the potential for creating conflicts of interest for the Contractor and its other lines of business. The Contractor shall be cognizant that work under this contract/ IDIQ/TO may prohibit their participation in competing for other USDA/Forest Service acquisitions where the Contractor has participated in the development of the acquisition.
15.2. As indicated in the general rules in FAR 9.505, significant potential organizational conflicts of interest are normally resolved by imposing some restraint, appropriate to the nature of the conflict, upon the Contractor’s eligibility for future contracts or subcontracts. Any real or perceived conflict of interest shall be addressed by the CO and Contractor prior to IDIQ/TO award or the Contractor may be prohibited from participating in future acquisitions where the CO decides the Contractor has substantial inside information and competitive edge over other interested parties due to their work under this
IDIQ/TO.
16. LIMITED USE OF DATA AND INFORMATION
16.1. The presentation of any report of analytical material based on information obtained under this contract shall be subject to review by the FS before dissemination, publication, or distribution.
Presentation includes, but is not limited to, papers, articles, professional publications, speeches, testimony or interviews with public print or broadcast media. The FS shall review the materials for accuracy, content, and manner of presentation with an eye toward the protection of the privacy of individuals. Performance of work under this contract may require that the Contractor access and use data and information proprietary to agencies of the USDA or another Government agency or Government Contractors. Should the release of proprietary information, such as that described become necessary, the Contractor’s personnel and any subcontractor’s personnel shall execute non-disclosure statements indicating their awareness of the receipt of such proprietary information and the proper and care and handling of the same. The Contractor shall not divulge, or release data or information developed or obtained under this contract without the written approval of the CO. The Contractor shall not use, disclose, or reproduce proprietary data which bears a restrictive legend, other than as required in the performance of this contract. This does not preclude the use of any data independently acquired by the Contractor without such limitations or prohibit in agreement (at no cost to the FS) between the Contractor and the data owner which provides for greater rights to the Contractor.
17. DISCLOSURE OF INFORMATION
17.1. Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer. The Contractor agrees to assume responsibility for protecting the confidentiality of Government records which are not public information.
All Contractor personnel working under this agreement may be required to sign a Non-Disclosure Agreement prior to start of work under the contract or associated Task Orders.
18. APPLICABLE PUBLICATIONS (13.0)
18.1. USDA Forest Service Aviation Strategic Plan: 2014-2018
https://www.fs.usda.gov/sites/default/files/media_wysiwyg/usfs_aviation_strategic_plan_2014- 2018_508_compliant.pdf
18.2. National Aviation Safety and Management Plan 2019-2020
https://www.iat.gov/docs/USDA_NASMP_2019_2020.pdf
18.3. USDA Forest Service Fire and Aviation Management. Special Mission Airworthiness Assurance plan of Aerial Firefighting FY2010-2015 https://www.fs.usda.gov/sites/default/files/2020- 12/fs_special_mission_airworthiness_assurance_guide_revision2_11_6_2015.pdf
18.4. USDA Forest Service Manual (FSM), 5700 Aviation Management https://www.iat.gov/policy.asp
18.5. USDA Forest Service National Interagency Fire Center Aviation Safety Summary https://www.nifc.gov/safety/safety_main.html
18.6. USDA Forest Service National Rappel Operations Guide
https://www.fs.usda.gov/sites/default/files/2019-06/2019_usfs_nrog_final_approved_ver_1.2.pdf
18.7. NWCG Airtanker Base Directory https://www.nwcg.gov/sites/default/files/publications/pms507.pdf
18.8. NWCG Standard for Single Engine Airtanker Operations
https://gacc.nifc.gov/rmcc/dispatch_centers/r2ftc/documents/pms506.pdf
18.9. NWCG Aviation Technical Assistance Directory https://www.nwcg.gov/publications/504
18.10. NWCG Standards for Aerial Ignition https://www.nwcg.gov/publications/501 https://www.fs.usda.gov/sites/default/files/media_wysiwyg/usfs_aviation_strategic_plan_2014-2018_508_compliant.pdf https://www.fs.usda.gov/sites/default/files/media_wysiwyg/usfs_aviation_strategic_plan_2014-2018_508_compliant.pdf https://www.iat.gov/docs/USDA_NASMP_2019_2020.pdf https://www.fs.usda.gov/sites/default/files/2020-12/fs_special_mission_airworthiness_assurance_guide_revision2_11_6_2015.pdf https://www.fs.usda.gov/sites/default/files/2020-12/fs_special_mission_airworthiness_assurance_guide_revision2_11_6_2015.pdf https://www.iat.gov/policy.asp https://www.nifc.gov/safety/safety_main.html https://www.fs.usda.gov/sites/default/files/2019-06/2019_usfs_nrog_final_approved_ver_1.2.pdf https://www.nwcg.gov/sites/default/files/publications/pms507.pdf https://gacc.nifc.gov/rmcc/dispatch_centers/r2ftc/documents/pms506.pdf https://www.nwcg.gov/publications/504 https://www.nwcg.gov/publications/501
18.11. Interagency Aerial Supervision Guide https://www.nwcg.gov/tags/interagency-aerial-supervision-guide
18.12. NWCG Standards for Fire Unmanned Aircraft Systems Operations https://www.nwcg.gov/sites/default/files/publications/pms515.pdf
18.13. NWCG Standards for Airspace Coordination https://www.nwcg.gov/publications/520
18.14. Interagency Smokejumper Operations Guide
https://www.fs.usda.gov/sites/default/files/media_wysiwyg/ismog_fss_final_26feb2018signed.pdf
C.1 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR Site at https://www.acquisition.gov/browse/index/far
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.204-4 Printed or Copied Double-Sided on Recycled Paper (May 2011)
52.227-14 Rights in Data—General (Dec 2007)
C.2 CLAUSES INCORPORATED BY FULL TEXT
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, https://www.nwcg.gov/tags/interagency-aerial-supervision-guide https://www.nwcg.gov/tags/interagency-aerial-supervision-guide https://www.nwcg.gov/sites/default/files/publications/pms515.pdf https://www.nwcg.gov/publications/520 https://www.fs.usda.gov/sites/default/files/media_wysiwyg/ismog_fss_final_26feb2018signed.pdf https://www.acquisition.gov/browse/index/far 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 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.
(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.
(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 at 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
(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…
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