Amendment03.pdf

PAGE OF PAGESAMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE 1 3

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

Amendment No. 03 12/19/2007

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

U.S. FOREST SERVICE - CONTRACTING

NATIONAL INTERAGENCY FIRE CENTER

3833 S DEVELOPMENT AVE

BOISE ID 83705-5354

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) 9A. AMENDMENT OF SOLICITATION NO.

AG-024B-S-07-0016

9B. DATED (SEE ITEM 11)

November 21, 2007

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM APPLIES ONLY TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (if required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE

A. THIS CHANGE ORDER IS PURSUANT TO: (specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PURPOSE OF THIS AMENDMENT: Page 32, delete everything after (a) Hazardous material”……………..to I.3 Property and Personal Damage. This clause is in solicitation by reference on page 31.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

(Signature of person authorized to sign)

(Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable STANDARD FORM 30 (REV. 10-83)

Prescribed By GSA FAR (48 CFR) 53.243

EXCLUSIVE USE FIXED-WING AIRTANKER SERVICES US FOREST SERVICE, NATIONAL OFFICE

AMENDMENT NO. 03

Part II – Contract Clauses Section I – Contract Clause

AG-024B-S—07-0017 Page 32 December 10, 2007

52.249-8

Apr 1984

Default (Fixed-Price Supply & Service)

52.252-6 Apr 1984 Authorized Deviations in Clauses 52.253-1 Jan 1991 Computer Generated Forms

I-2 Statement of Equivalent Rates for Federal Hires (FAR 52.222-42) (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

Employee Class Monetary Wage Fringe Benefits Aircraft Pilot, GS-13 $40.01 Aircraft Second-In-Command, GS-11 $28.14 Aircraft Flight Engineer, GS-11 $28.14 Aircraft Mechanic, GS-12 $33.73 Aircraft Mechanic, Junior, GS-9 $23.25 Aircraft Mechanic, Helper, GS-6 $17.11 Aircraft Servicer, GS-6 $17.11 Laborer, GS-4 $13.71

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The Offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert “None”); Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material

Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.

313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items.

Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered non-responsive and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) of a revision to Federal Standard No.

313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the

Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s right in data furnished under this contract with respect to hazardous materials are as follows:

Part II – Contract Clauses

AG-024B-S—07-0017 Page 33 December 10, 2007

(1) To use, duplicate and disclose any data to which this clause is applicable. The purpose of this right is to –

(i) Appraise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) Government is not precluded from using similar or identical data acquired from other sources.

I-3 Property and Personal Damage

(1) The Contractor shall use every precaution necessary to prevent damage to public and private property.

(2) The Contractor shall be responsible for all damage to property and to persons, including third parties, that occur as a result of his or his agent's or employee's fault or negligence. The term "third parties" is construed to include employees of the Government.

(3) The Contractor shall procure and maintain during the term of this contract, and any extension thereof, aircraft public liability insurance in accordance with 14 CFR 298. The parties named insured under the policy or policies shall be the Contractor and The United States of America.

(4) The Contractor may be otherwise insured by a combination of primary and excess policies. Such policies must have combined coverage equal to or greater than the combined minimums required.

(5) Policies containing exclusions for chemical damage or damage incidental to the use of equipment and supplies furnished under this contract, or growing out of direct performance of the contract, will not be acceptable. The chemical damage coverage may be limited to chemicals dispensed while performing firefighting activities.

(6) The Contractor, prior to the commencement of work, shall submit to the Contracting Officer one copy of the insurance policy, or confirmation from the insurance company, certifying that the coverage described in this clause has been obtained.

I-4 Economic Price Adjustment – (Fuel Costs Only)

FUEL PORTION OF THE FLIGHT RATE

(1) During the contract periods, including renewals, flight rates will be adjusted to reflect increases and decreases in the prices of aviation fuel.

(2) For adjustment purposes, price of jet fuel is established at $4.44 a gallon. The price of AVGAS (100 LL) fuel is established at $4.85 a gallon. (Prices updated by September 16, 2007 Fuel Survey).

The unit prices are an average price for aviation fuel at established airtanker bases Nationwide (Lower US 48). Variations in fuel will be determined by subsequent surveys.

(3) The adjustment to the fuel portion of the flight rate will be determined by variation amount multiplied by the fuel consumption rates found in Section B.3 for the applicable aircraft type.

(4) An initial adjustment to the flight rate will be made on February 16 of each contract period.

Subsequent adjustments will be made on May 16, July 16, and September 16 of each contract period provided variations in the average unit price, as stated above is $.10 highter or lower than the unit price established in the last adjustment made.

Part II – Contract Clauses

AG-024B-S—07-0017 Page 34 December 10, 2007