AG-024B-S-14-9002_MRB-ALL_MRB_Final_Issued.pdf

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://www.fbo.gov Offers Are Solicited For:

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

Solicitation No:

AG-024B-S-14-9002

Issued Date:

03/18/2014

IMPORTANT – NOTICE TO OFFEROR

- Offers are due on April 10, 2014 @ 2:00 PM Mountain 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 two (2) copies of your proposal as required by Section E.3 of the solicitation.

4. Provide your responses to Sections E.7, E.8, and E.9 of the solicitation.

THE SOLICITATION PACKAGE SHALL BE RETURNED TO THE FOLLOWING ADDRESS:

U.S. Forest Service, Contracting National Interagency Fire Center Attn: Solicitation No. AG-024B-S-14-9002 Owyhee Building – MS 1100 3833 S. Development Ave.

Boise, ID 83705

No facsimile (FAX) or e-mail offers will be accepted.

Offerors may contact Michael McFarlane for information about this solicitation at 208-387-5695.

“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)

Solicitation No. AG-024B-S-14-9002 U.S. Forest Service Mobile Retardant Bases National Office

TABLE OF CONTENTS

i

SECTION A - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

STANDARD FORM SF-1449

SECTION B - SCHEDULE OF ITEMS

B.1 SCHEDULE OF ITEMS ............................................................................................................. B-1 B.2 24 HOUR CONTACT INFORMATION FOR ORDERS: ............................................................ B-1 B.3 SCOPE...................................................................................................................................... B-7 B.4 EQUIPMENT REQUIREMENTS ............................................................................................... B-7

B.4.1 CONTRACT LINE ITEM NUMBER (CLIN) 1.A MRB-AT .............................................. B-7 B.4.2 CONTRACT LINE ITEM NUMBER (CLIN) 2.A MRB-VLAT .......................................... B-8 B.4.3 CONTRACT LINE ITEM NUMBER (CLIN) 3.A MRB-H .............................................. B-10 B.4.4 CONTRACT LINE ITEM NUMBER (CLIN) 4.A MRB-SEAT ........................................ B-11 B.4.5 CONTRACT LINE ITEM NUMBER (CLIN) 5.A MRB-TRAILER .................................. B-13

B.5 OPERATIONS ......................................................................................................................... B-13 B.6 GOVERNMENT PROVIDED EQUIPMENT ............................................................................ B-18 B.7 DOCUMENTATION ................................................................................................................ B-18

SECTION C - CONTRACT CLAUSES

C.1 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS ........................................ C-1 C.2 CONTRACT CLAUSES INCORPORATED BY REFERENCE ................................................. C-8 C.3 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES ........................................... C-8 C.4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS ........................................... C-8

C.5 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS .......................................................................... C-15 C.6 CONTRACT PERIOD ............................................................................................................. C-15 C.7 ORDERING ............................................................................................................................. C-15 C.8 ORDER LIMITATIONS ............................................................................................................ C-15 C.9 INDEFINITE QUANTITY ......................................................................................................... C-16 C.10 MINIMUM AND MAXIMUM CONTRACT AMOUNTS ............................................................. C-16 C.11 OPTION TO EXTEND SERVICES .......................................................................................... C-18 C.12 ORDERING. THE FOLLOWING IS ADDED: .......................................................................... C-16 C.13 FAR 52.212-4 (G) INVOICES, THE FOLLOWING IS ADDED ................................................ C-18 C.14 PAYMENT PROCEDURES .................................................................................................... C-18 C.15 CLAIM SETTLEMENT AUTHORITY ....................................................................................... C-19 C.16 HARASSMENT FREE WORKPLACE ..................................................................................... C-19 C.17 MEASUREMENT AND PAYMENT ......................................................................................... C-20

C.18 NOTICE OF CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM ..... C-22

C.19 DOL WAGE DETERMINATION .............................................................................................. C-24

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 LIST OF EXHIBITS ................................................................................................................... D-1

EXHIBIT D-2: LAQA SAMPLE FORM ...................................................................................... D-2 EXHIBIT D-3: PORTABLE MIXING SYSTEM DAILY OPERATIONS REPORT ...................... D-3 EXHIBIT D-4: RETARDANT STORAGE SUMMARY FORM ................................................... D-4

TABLE OF CONTENTS

ii

SECTION E - SOLICITATION PROVISIONS

E.1 GENERAL INFORMATION ....................................................................................................... E-1 E.2 SIZE STANDARD AND NAICS CODE INFORMATION ........................................................... E-1 E.3 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS .................................................... E-1 E.4 EVALUATION - COMMERCIAL ITEMS .................................................................................... E-3 E.5 INQUIRIES ................................................................................................................................ E-4 E.6 SINGLE OR MULTIPLE AWARDS ........................................................................................... E-4

E.7 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION ................................................. E-4 E.8 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS ............ E-5 E.9 INFORMATION REGARDING RESPONSIBILITY MATTERS ............................................... E-20

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

AG-024B-S-14-9002

6. SOLICITATION ISSUE

DATE

March 18, 2014

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MICHAEL McFARLANE

b. TELEPHONE NUMBER (No collect calls)

(208) 387-5695

8. OFFER DUE DATE/

LOCAL TIME

April 10, 2014

2:00 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:

$17.5 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 ITEMS

B-1

B.1 SCHEDULE OF ITEMS

(a) Contractors shall complete the Schedule of Items below for all five (5) years for all equipment offered.

(b) 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.

(c) The Contractor shall provide the number of units available for each Mobile Retardant Base type and may limit the number of units available in total or units that may be available at any one time.

(d) The Contractor is responsible for providing the Contracting Officer with changes to the information below.

(e) Each awardee is guaranteed orders in the amount of $10,000 over the life of this contract in accordance with paragraph C.9, 52.216-22. Failure of a Contractor to become available for an order will result in a reduction in the Guarantee due equal to the amount of the order that was not accepted by the contractor.

B.2 24 HOUR CONTACT INFORMATION FOR ORDERS:

Accepts Texts

MOBILE RETARDANT BASE NUMBER OF UNITS LOCATION OF UNITS

CLIN 1.a MRB-AT

CLIN 2.a MRB-VLAT

CLIN 3.a MRB-H

CLIN 4.a MRB-SEAT

CLIN 5.a MRB-Trailer

B-2

2014 SCHEDULE OF ITEMS

April 26, 2014 – April 25, 2015

ITEM ITEM DESCRIPTION

UNIT OF

MEASURE

PRICE PER

UNIT

ESTIMATED

UNITS

TOTAL

ESTIMATED

AMOUNT

1.1.a Daily (24 hr) Rate: MRB-AT Day $ 60 $

1.2.a Daily Rate: MRB-VLAT Day $ 20 $

1.3.a Daily Rate: MRB-H Day $ 15 $

1.4.a Daily Rate: MRB-SEAT Day $ 15 $

1.5.a Daily Rate: MRB-Trailer Day $ 10 $

1.X.b Mileage Rate Per Mile $ 1,200 $

1.X.c Put Through Charge

1 – 50,000 Gallons of Retardant $ / Gallons

Mixed $ 4,000,000 $

1.X.d Put Through Charge 50,001 – Unlimited Gallons of Retardant

$ / Gallons Mixed $ 1,000,000 $

1.X.e Put Through Charge

1 – Unlimited Gallons of H2O $ / Gallons of H2O $ 500,000 $

1.X.f Relocation Fee # of Times on Incident $ 5 $

1.X.g Additional Personnel Daily / Person $ 60 $

1.X.h Crew Change – Out (14 days) # of Times on Incident $ 2 $

ADDITIONAL EQUIPMENT AVAILABLE

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

RESOURCE ORDER IS NEEDED.)

ITEM ITEM DESCRIPTION

UNIT OF

MEASURE

PRICE PER

UNIT

ESTIMATED

UNITS

TOTAL

ESTIMATED

AMOUNT

1.7 Water/Retardant Tanker Trailer:

Gal________ Per Day $ 20 $

1.8 Third Steel Dip Tank:

Gal _________ Per Day $ 20 $

1.9 500’ Lay-flat Discharge Hose 2.5”, 3”, 4” Per Day $ 5 $

1.10 Support Water Tender

Gal ________ Per Day $ 10 $

1.11 Water Storage (Pumpkins): Gal

_______ Per Day $ 5 $

1.12 4” Water / Retardant Pump

Station Per Day $ 5 $

1.13 Retardant Pre-Treat Tender

Gal ________ Per Day $ 5 $

1.14 Additional 3” Loading System Per Day $ 5 $

1.15 Mixmaster Per Day $ 50 $

1.16 Loaders Per Day $ 50 $

Total Estimated Value 2014 $

B-3

2015 SCHEDULE OF ITEMS

April 26, 2015 – April 25, 2016

ITEM ITEM DESCRIPTION

UNIT OF

MEASURE

PRICE PER

UNIT

ESTIMATED

UNITS

TOTAL

ESTIMATED

AMOUNT

2.1.a Daily (24 hr) Rate: MRB-AT Day $ 100 $

2.2.a Daily Rate: MRB-VLAT Day $ 40 $

2.3.a Daily Rate: MRB-H Day $ 40 $

2.4.a Daily Rate: MRB-SEAT Day $ 20 $

2.5.a Daily Rate: MRB-Trailer Day $ 10 $

2.X.b Mileage Rate Per Mile $ 1,200 $

2.X.c Put Through Charge

1 – 50,000 Gallons of Retardant $ / Gallons

Mixed $ 4,000,000 $

2.X.d Put Through Charge 50,001 – Unlimited Gallons of Retardant

$ / Gallons Mixed $ 1,000,000 $

2.X.e Put Through Charge

1 – Unlimited Gallons of H2O $ / Gallons of H2O $ 500,000 $

2.X.f Relocation Fee # of Times on Incident $ 5 $

2.X.g Additional Personnel Daily / Person $ 60 $

2.X.h Crew Change – Out (14 days) # of Times on Incident $ 2 $

ADDITIONAL EQUIPMENT AVAILABLE

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

RESOURCE ORDER IS NEEDED.)

ITEM ITEM DESCRIPTION

UNIT OF

MEASURE

PRICE PER

UNIT

ESTIMATED

UNITS

TOTAL

ESTIMATED

AMOUNT

2.7 Water/Retardant Tanker Trailer:

Gal________ Per Day $ 20 $

2.8 Third Steel Dip Tank:

Gal _________ Per Day $ 20 $

2.9 500’ Lay-flat Discharge Hose 2.5”, 3”, 4” Per Day $ 5 $

2.10 Support Water Tender

Gal ________ Per Day $ 10 $

2.11 Water Storage (Pumpkins): Gal

_______ Per Day $ 5 $

2.12 4” Water / Retardant Pump

Station Per Day $ 5 $

2.13 Retardant Pre-Treat Tender

Gal ________ Per Day $ 5 $

2.14 Additional 3” Loading System Per Day $ 5 $

2.15 Mixmaster Per Day $ 50 $

2.16 Loaders Per Day $ 50 $

Total Estimated Value 2015 $

B-4

2016 SCHEDULE OF ITEMS

April 26, 2016 – April 25, 2017

ITEM ITEM DESCRIPTION

UNIT OF

MEASURE

PRICE PER

UNIT

ESTIMATED

UNITS

TOTAL

ESTIMATED

AMOUNT

3.1.a Daily (24 hr) Rate: MRB-AT Day $ 100 $

3.2.a Daily Rate: MRB-VLAT Day $ 40 $

3.3.a Daily Rate: MRB-H Day $ 40 $

3.4.a Daily Rate: MRB-SEAT Day $ 20 $

3.5.a Daily Rate: MRB-Trailer Day $ 10 $

3.X.b Mileage Rate Per Mile $ 1,200 $

3.X.c Put Through Charge

1 – 50,000 Gallons of Retardant $ / Gallons

Mixed $ 4,000,000

3.X.d Put Through Charge 50,001 – Unlimited Gallons of Retardant

$ / Gallons Mixed $

1,000,000

3.X.e Put Through Charge

1 – Unlimited Gallons of H2O $ / Gallons of H2O $ 500,000

3.X.f Relocation Fee # of Times on Incident $

3.X.g Additional Personnel Daily / Person $

3.X.h Crew Change – Out (14 days) # of Times on Incident $

ADDITIONAL EQUIPMENT AVAILABLE

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

RESOURCE ORDER IS NEEDED.)

ITEM ITEM DESCRIPTION

UNIT OF

MEASURE

PRICE PER

UNIT

ESTIMATED

UNITS

TOTAL

ESTIMATED

AMOUNT

3.7 Water/Retardant Tanker Trailer:

Gal________ Per Day $ 20 $

3.8 Third Steel Dip Tank:

Gal _________ Per Day $ 20 $

3.9 500’ Lay-flat Discharge Hose 2.5”, 3”, 4” Per Day $ 5 $

3.10 Support Water Tender

Gal ________ Per Day $ 10 $

3.11 Water Storage (Pumpkins): Gal

_______ Per Day $ 5 $

3.12 4” Water / Retardant Pump

Station Per Day $ 5 $

3.13 Retardant Pre-Treat Tender

Gal ________ Per Day $ 5 $

3.14 Additional 3” Loading System Per Day $ 5 $

3.15 Mixmaster Per Day $ 50 $

3.16 Loaders Per Day $ 50 $

Total Estimated Value 2016 $

B-5

2017 SCHEDULE OF ITEMS

April 26, 2017 – April 25, 2018

ITEM ITEM DESCRIPTION

UNIT OF

MEASURE

PRICE PER

UNIT

ESTIMATED

UNITS

TOTAL

ESTIMATED

AMOUNT

4.1.a Daily (24 hr) Rate: MRB-AT Day $ 80 $

4.2.a Daily Rate: MRB-VLAT Day $ 40 $

4.3.a Daily Rate: MRB-H Day $ 40 $

4.4.a Daily Rate: MRB-SEAT Day $ 20 $

4.5.a Daily Rate: MRB-Trailer Day $ 10 $

4.X.b Mileage Rate Per Mile $ 1,200 $

4.X.c Put Through Charge

1 – 50,000 Gallons of Retardant $ / Gallons

Mixed $ 4,000,000 $

4.X.d Put Through Charge 50,001 – Unlimited Gallons of Retardant

$ / Gallons Mixed $ 1,000,000 $

4.X.e Put Through Charge

1 – Unlimited Gallons of H2O $ / Gallons of H2O $ 500,000 $

4.X.f Relocation Fee # of Times on Incident $ 5 $

4.X.g Additional Personnel Daily / Person $ 60 $

4.X.h Crew Change – Out (14 days) # of Times on Incident $ 2 $

ADDITIONAL EQUIPMENT AVAILABLE

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

RESOURCE ORDER IS NEEDED.)

ITEM ITEM DESCRIPTION

UNIT OF

MEASURE

PRICE PER

UNIT

ESTIMATED

UNITS

TOTAL

ESTIMATED

AMOUNT

4.7 Water/Retardant Tanker Trailer:

Gal________ Per Day $ 20 $

4.8 Third Steel Dip Tank:

Gal _________ Per Day $ 20 $

4.9 500’ Lay-flat Discharge Hose 2.5”, 3”, 4” Per Day $ 5 $

4.10 Support Water Tender

Gal ________ Per Day $ 10 $

4.11 Water Storage (Pumpkins): Gal

_______ Per Day $ 5 $

4.12 4” Water / Retardant Pump

Station Per Day $ 5 $

4.13 Retardant Pre-Treat Tender

Gal ________ Per Day $ 5 $

4.14 Additional 3” Loading System Per Day $ 5 $

4.15 Mixmaster Per Day $ 50 $

4.16 Loaders Per Day $ 50 $

Total Estimated Value 2017 $

B-6

2018 SCHEDULE OF ITEMS

April 26, 2018 – April 25, 2019

ITEM ITEM DESCRIPTION

UNIT OF

MEASURE

PRICE PER

UNIT

ESTIMATED

UNITS

TOTAL

ESTIMATED

AMOUNT

5.1.a Daily (24 hr) Rate: MRB-AT Day $ 80 $

5.2.a Daily Rate: MRB-VLAT Day $ 40 $

5.3.a Daily Rate: MRB-H Day $ 40 $

5.4.a Daily Rate: MRB-SEAT Day $ 20 $

5.5.a Daily Rate: MRB-Trailer Day $ 10 $

5.X.b Mileage Rate Per Mile $ 1,200 $

5.X.c Put Through Charge

1 – 50,000 Gallons of Retardant $ / Gallons

Mixed $ 1,000,000 $

5.X.d Put Through Charge 50,001 – Unlimited Gallons of Retardant

$ / Gallons Mixed $ 500,000 $

5.X.e Put Through Charge

1 – Unlimited Gallons of H2O $ / Gallons of H2O $ 5,000 $

5.X.f Relocation Fee # of Times on Incident $ 3 $

5.X.g Additional Personnel Daily / Person $ 100 $

5.X.h Crew Change – Out (14 days) # of Times on Incident $ 2 $

ADDITIONAL EQUIPMENT AVAILABLE

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

RESOURCE ORDER IS NEEDED.)

ITEM ITEM DESCRIPTION

UNIT OF

MEASURE

PRICE PER

UNIT

ESTIMATED

UNITS

TOTAL

ESTIMATED

AMOUNT

5.7 Water/Retardant Tanker Trailer:

Gal________ Per Day $ 20 $

5.8 Third Steel Dip Tank:

Gal _________ Per Day $ 20 $

5.9 500’ Lay-flat Discharge Hose 2.5”, 3”, 4” Per Day $ 5 $

5.10 Support Water Tender

Gal ________ Per Day $ 5 $

5.11 Water Storage (Pumpkins): Gal

_______ Per Day $ 5 $

5.12 4” Water / Retardant Pump

Station Per Day $ 5 $

5.13 Retardant Pre-Treat Tender

Gal ________ Per Day $ 5 $

5.14 Additional 3” Loading System Per Day $ 5 $

5.15 Mixmaster Per Day $ 50 $

5.16 Loaders Per Day $ 50 $

Total Estimated Value 2018 $

B-7

B.3 SCOPE

(a) The intent of the solicitation and resulting contract is to obtain Contractor operated and maintained portable retardant plants for mixing and loading US Forest Service qualified retardants types as listed on the USFS Qualified Products List (QPL) (currently LC 95 A-R/W/F, 259-F, and MVP-F) to be used for delivery with fixed wing Air Tankers, Singe Engine Air Tankers, Helicopters, Trailers, and Ground Units at various locations throughout the U.S.

(b) The Agency may provide support personnel if available. 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.

(c) Services provided under this contract shall be performed in a safe and efficient manner. The Contractor shall use all reasonable means to support safety awareness while under contract to the US Forest Service and cooperators.

(d) The US Forest Service has interagency and cooperative agreements with other Federal and State entities and the Mobile Retardant Bases awarded under this contract may be dispatched to support those entities.

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

The Government may include orders for all additional equipment during initial order or with General Message during incident.

B.4 EQUIPMENT REQUIREMENTS

B.4.1 CONTRACT LINE ITEM NUMBER (CLIN) 1.A MRB-AT

(a) General

(1) The Mobile Retardant Base (MRB) must be able to load mixed chemicals into an aircraft 3” Camlock loading port at a rate of 400 gallons per minute 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 400 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: Tank must be a steel, aluminum, or similar solid tank with at least 5,000 gallon capacity.

B-8

(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 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) Water Tenders

(i) The Contractor shall provide a type I or II water tender as necessary for Mobile Retardant Base operations. The operator must be trained to work with aviation operations, providing dust abatement, retardant base clean-up, and hauling of residual retardant once operations cease. Tender will need to adapt to mobile base through 2.5”, 3”, or 4” Camlock fittings.

Note: Upon receipt of a request for services the vendor should ask if the location of operation will be able to provide the water necessary and other tender related operations.

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

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

B.4.2 CONTRACT LINE ITEM NUMBER (CLIN) 2.A MRB-VLAT

(a) General

(1) The Mobile Retardant Base (MRB) must be able to load mixed chemicals into an aircraft 3” Camlock loading port at a rate of 400 gallons per minute 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).

B-9

(3) The contractor’s MRB shall be able to draft and/or pump all required water from a non-pressurized source, a distance of 400 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) Mix Storage Tank(s) (one or two separate tanks). Tank must be a steel, aluminum, or similar solid tank 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) 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 400 GPM delivery to airtankers

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

(9) Environmental containment systems for:

(i) Storage/Mix tank or trailer

(ii) Pumping Equipment

(iii) Plant fuel Storage Site

(10) Forklift – Product and Equipment Movement (if needed for powder operations)

(11) Water Tenders

(i) The Contractor shall provide a type I or II water tender as necessary for Mobile Retardant Base operations. The operator must be trained to work with aviation operations, providing dust abatement, retardant base clean-up, and hauling of residual retardant once operations cease. Tender will need to adapt to mobile base through 2.5”, 3”, or 4” Camlock fittings.

B-10

Note: Upon receipt of a request for services the vendor should ask if the location of operation will be able to provide the water necessary and other tender related operations.

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

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

(14) Two (2) Diesel Load Pumps (600 GPM);

(15) One (1) 5,000 gallon additional steel storage tank;

(16) One (1) 5,500 gallon containment berm;

(17) Fourteen (14) skates;

(18) Two (2)150’ x3” S&D Hose;

(19) Two (2) 3” Load valves;

(20) One (1) each 6”x4” Camlock Reducers (1-F x M and 1-M x F);

(21) One (1) 200’ 4” S & D (Discharge/Recirc);

(22) Two (2) 4” Female 3”X Male Reducers;

(23) One (1) 200’ 4” Layflat;

(24) Two (2) 2.5” FT Female x 4” Male Camlock;

(25) Four (4) 4” Betts Valves;

(26) One (1) 4” Valved T’s, and;

(27) Two (2) Hose Stands.

B.4.3 CONTRACT LINE ITEM NUMBER (CLIN) 3.a MRB-H

(a) General

(1) The Mobile Retardant Base (MRB) must be able to load mixed chemicals into helicopters at a rate of 300-400 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’ from mix site.

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(3) The contractor’s mobile base must be able to draft and/or pump all required water from a non-pressurized source, a 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) Two (2) 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 Steel 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 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.

(3) Secondary Containment Systems. The Contractor shall provide for secondary containment equivalent to 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) 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 300-400 GPM delivery to helicopters

(9) Forklift – Product and Equipment Movement (if needed for powder operations)

B.4.4 CONTRACT LINE ITEM NUMBER (CLIN) 4.A MRB-SEAT

(a) General

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

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

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(3) The contractor’s mobile base must be able to draft and/or pump all required water from a non-pressurized source, a 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 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) 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 200-400 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) Water Tenders

(i) The Contractor shall provide a type I or II water tender if ordered for Mobile Retardant Base operations. The operator must be trained to work with aviation operations, providing dust abatement, retardant base clean-up, and hauling of residual retardant once operations cease. Tender will need to adapt to mobile base through 2.5”, 3”, or 4” Camlock fittings.

Note: Upon receipt of a request for services the vendor should ask if the location of operation will be able to provide the water necessary and other tender related operations.

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

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B.4.5 CONTRACT LINE ITEM NUMBER (CLIN) 6.A MRB-TRAILER

(a) General

(1) The Mobile Retardant Base Tanker Trailer must be able to load LC 95 A-R/W/F at a minimum rate of 199 gallons per minute.

(2) The Contractor shall provide: pumping equipment, product, transportation, and other items needed to meet the requirements, and assist the Agency with managing retardant.

(b) Required Equipment

(1) 1 - Aluminum Tanker Trailer 6,000-10,000 gallon capacity

(2) 1 - 3” and/or 4” Recirculating/Off-Load Pump

(3) 3” and/or 4” Male Camlock Discharge fitting and valve

(4) All necessary discharge hose: 2.5” NH will be supplied by the State or Federal ordering Agency.

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 two (2) 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.

MRB-Trailer: 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. Hot reloading training will be accomplished in conjunction with agency personnel in

B-14 accordance with procedures as outlined in the Interagency Airtanker Base Operations Guide and the base specific hot-reloading plan.

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

(A) ICS-100, Introduction to ICS. Available at http://training.nwcg.gov/courses/i100.html

(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 contract to the ordering Agency representative upon initial arrival at the incident.

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

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

(6) 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.

(7) Mix-masters ordered under CLIN X.15 shall meet the requirements above for mix-masters. Mixmaster 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.

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

(iii) Ensures chemical fire retardants and suppressants 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.

(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 retardant.

(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 retardant.

(8) Loaders under CLIN X.16.a 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) Environmental Controls

(1) The Mobile Retardant Base 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 Retardant 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 retardant 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 Retardant Contractors responsibility. The Retardant Contractor shall assist in the clean-up efforts and may charge the Government for additional material cost, other than labor, incurred to support the clean-up.

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

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(6) At the close of a Mobile Retardant Base Contract, unused mixed retardant 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 onsite agency representative and Wildland Fire Chemical Systems (970) 765-4167 within 24 hours of the time of the spill.

(c) 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, except that samples do not need to be submitted to Wildland Fire Chemicals Systems (WFCS) from portable operations.

(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 contract 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-2).

(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.

(d) 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.

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(e) General

(1) Condition of Equipment

All equipment furnished under this contract shall be in acceptable condition. The Government reserves the right to reject equipment that is not in safe and operable condition. The Government may allow the Contractor to correct deficiencies within 24 hours. No payment for travel to an Incident or point of inspection, or return to the point of hire, will be made for equipment that does not pass inspection. No payment will be made for time that the equipment 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 ordering Agency will be responsible and liable for all damage occurring to the Contractor’s equipment due to negligence, or misuse from Agency personnel or Agency Contractors. It will be the ordering Agencies responsibility to secure the Mobile Retardant Tanker Trailer from theft and/or damage. Pre-use and post-use inspections will be conducted in order to document condition prior to use and upon completion of use of the equipment by the agency.

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

(6) The Contractor will be responsible for the storage and care of all retardant ordered to support the Mobile Retardant Base.

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

(8) On-hand unmixed quantities of bulk product to meet fire needs will be determined by the Agency.

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B.6 GOVERNMENT PROVIDED EQUIPMENT

(a) The Government shall provide the following supplies and equipment to support Mobile Retardant Base Operations:

(1) Retardant - The Government will provide retardant to support the MRB. All retardant supplied will be qualified retardant as listed on the Qualified Products List (QPL) at http://www.fs.fed.us/rm/fire/documents/qpl_r_r.pdf. When an authorized order(s) to maintain on-hand product supply is generated, or when product is being returned for restocking, a load number must be assigned to each transportation action by the Contractor. The Contractor is responsible for the safekeeping and storage of retardant provided to support the MRB. Upon conclusion of services the Contractor shall notify the Government of the amount of retardant remaining and where the returned product was delivered, and the information shall be documented on the Daily Accrual Forms.

The Government shall direct the contractor on the shipping requirements of additional retardant.

(2) 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.

B.7 DOCUMENTATION

(a) Contractor personnel shall complete the Portable Mixing System Daily Operations Report Form (Exhibit D-3) each day documenting all charges applicable to the Mobile Retardant Base.

The Contractor shall include all costs associated with retardant on the form.

(b) The Contractor shall complete appropriate Retardant Mixing Summary Sheets (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.

(c) The Contractor shall provide a copy of the Portable Mixing Systems Daily Operations Report Form and the appropriate Retardant Mixing Summary sheets with the submission of each invoice.

SECTION C

CONTRACT CLAUSES

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C.1 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (FAR 52.212-4) (SEP 2013)

(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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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.

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(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, contract 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, C-3 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…