Amendment_01.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 8

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

Amendment 01 April 02, 2014

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

U.S. FOREST SERVICE - CONTRACTING

NATIONAL INTERAGENCY FIRE CENTER

OWYHEE BLDG – MS 1100

3833 S DEVELOPMENT AVE

BOISE ID 83705-5354

Same as Item 6

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

9A. AMENDMENT OF SOLICITATION NO.

AG-024B-S-14-9002

9B. DATED (SEE ITEM 11)

March 18, 2014

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.)

A. Page B-1: Add CLIN X.17 Extended Standby at a rate of $32.00/hour for each hour of ordered services per authorized crewmember. Rate is applicable to all years of the contract.

B. Page B-11, paragraph B.4.3(b)(1): Reduce the required number of Open-Top Mix Storage Tanks to one (1).

C. Page B-13, paragraph B.5(a)(1): Increase the required number of personnel for MRB-H to four (4) person crew.

D. Page B-17, paragraph B.5(e)(4): Delete the paragraph in its entirety. See 52.212-4(d) Dispute.

E. Page C-20, paragraph C.17(a)(1): Add “for a 12 hour day.” at the end of the paragraph to specify that the daily crew cost should included wages for the first 12 hours and extended standby will be paid for hours in excess of 12 hours ordered by the Government.

F. Page C-21, add paragraph C.17(a)(11) as follows:

(11) Extended Standby. Extended standby will be paid at the rate specified in the Schedule of Items for ordered service of each authorized crew member. The Government will measure extended standby in full hours and will round up to the next whole hour, not to exceed each crew member's duty limitations. If unavailability of the MRB occurs, extended standby will be measured and paid only for full hours of service provided

G. Amended replacement pages attached and with changed language identified by bolded and italicized text.

H. Answers provided to questions received in response to the solicitation.

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)

MICHAEL MCFARLANE, Contracting Officer

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

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

SECTION B

SCHEDULE OF ITEMS

B-1 Amendment 01

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

CLIN X.17 – Extended Standby will be paid at the rate of $32.00 per hour for each authorized crewmember when services are ordered beyond 12 hours a day.

B-11 Amendment 01

(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) 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.

B-13 Amendment 01

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 Four (4) person crew who will operate the system and provide technical services.

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

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-17 Amendment 01

(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) Reserved

(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.

SECTION C

CONTRACT CLAUSES

C-20 Amendment 01

C.17 MEASUREMENT AND PAYMENT

(a) Measurement and Payment of Mobile Retardant Bases:

(1) Daily Rate. The daily rate for Mobile Retardant Bases (Items X.1.a – X.6.a) will be applied per each day on assignment, Daily rate will apply from the time the Contractor begins travel for mobilization to the ordered location to the time of arrival back to point of hire or re-assignment. The Daily availability rate shall include all expenses, i.e. airfare, lodging, rental car(s), wages, and per diem costs associated with the mobile retardant base for a 12 hour day.

(2) Mileage Rate will be paid from the point of hire and return for up to two (2) Contractor vehicles to transport base personnel and/or equipment. Mileage for these vehicles will be paid (as specified in Item – Mileage Rate) when used to conduct business associated with retardant base operations, during mobilizations and demobilizations, or relocations per assigned incident. Mileage rates will be paid daily for round trip transportation costs to the base camp or nearest available lodging facilities or base camp if personnel are staying at a hotel. Mileage will be documented on the daily log to be submitted and approved for each day mileage is incurred.

(3) Put through Charge 1-50,000 Gallons Retardant. This rate will be paid for the first 50,000 gallons of retardant pumped into aircraft during each order for services.

(4) Put through Charge 50,000 – unlimited. This rate will be paid for each gallon over the first 50,000 gallons loaded into aircraft during each order for services.

(5) Put Through Charges H2O. This rate will be paid for each gallon of water loaded into aircraft during each order for service.

(6) Relocation Fees will be paid when the Contractor is ordered by the requesting Agency to relocate the mobile base after the initial set-up while on the same incident (as specified in Item – Relocation Fee). Actual freight cost to move mobile retardant base, forklift, support equipment, and product is not included in the relocation fee.

(7) Additional Personnel Fee will be paid for each day per person for each day that ordered additional personnel are on site to support the Government. The Contractor will not be paid for overlapping crew during change out. The Contractor shall pay all travel and transportation and related costs when rotating personnel due to a personal emergency or for the benefit of the Contractor. All Contractor’s employees shall be identified by full name on the invoices including primary and relief crews during crew change-out days.

(8) Crew Change-Out Fee will be paid after crew of mobile retardant base has reached maximum duty limits for Work/Rest Guidelines in accordance with (as specified in Item – Crew Change –Out) Interagency Incident Business Management Handbook, NWCG Handbook 2, PMS 902, NFES 2160, Section 12.7; and the National Interagency Mobilization Guide NFES 2092.

SECTION C

CONTRACT CLAUSES

C-21 Amendment 01

(9) Transportation Costs for Mobile Retardant Base – MRB support equipment, products and forklift will be paid by ordering Agency through Contractor invoice. Documentation of Bill of Lading (BOL) must support each transportation invoice.

(10) Additional Equipment (Items X.7-X.14). Additional equipment shall be paid the daily rate identified in the Schedule of Items for each day the equipment is ordered and available for use by the Government. The Government will not pay for equipment that is inoperable. Equipment that remains on site at the contractor’s election will not be authorized for payment unless used by the Government.

(11) Extended Standby. Extended standby will be paid at the rate specified in the Schedule of Items for ordered service of each authorized crew member. The Government will measure extended standby in full hours and will round up to the next whole hour, not to exceed each crew member's duty limitations. If unavailability of the MRB occurs, extended standby will be measured and paid only for full hours of service provided.

(b) Equipment furnished under this contract may be operated and subjected to extreme environmental and/or strenuous operating conditions which could include but is not limited to unimproved roads, steep, rocky, hilly terrain, dust, heat, and smoky conditions. As a result, by entering into this contract, the contractor agrees that what is considered wear and tear under this contract is in excess of what the equipment is subjected to under normal operations and is reflected in the rates paid for the equipment. When such equipment is furnished to the Government, the following specifications shall apply:

(1) Time Under Hire - The time under hire shall start at the time the equipment begins traveling to the incident after being ordered by the Government, and end at the estimated time of arrival back to the point of hire after being released, except as provided in “Exceptions”.

(2) Method of Payment. Lump-sum payment will be processed at the end of the emergency assignment. However, partial payment may be authorized as approved by the incident agency. Payment for each calendar day will be made for:

(i) actual units ordered and performed under Work or Daily, shift basis and/or Special rates or

(ii) the guarantee earned, whichever is the greater amount.

(c) Exceptions -

(1) Daily Rate or Guarantee - No further payment will accrue during any period that equipment under hire is not in a safe or operable condition or when Contractor furnished operator(s) is not available for the assigned shift or portions of the assigned shift. Payment will be based on the hours the equipment was operational during the assigned shift, as documented on the Portable Mixing System Daily Operations Report versus the designated shift, as shown on the Incident Action Plan.

(2) If the Contractor withdraws equipment and/or operator(s) prior to being released by the Government, no further payment shall accrue and the Contractor shall bear all costs of returning equipment and/or operator(s) to the point of hire.

(3) After inspection and acceptance for use, equipment and/or furnished operator(s) that cannot be replaced or equipment that cannot be repaired at the site of work by the Contractor or by the Government in accordance with Condition of Equipment, within 24 hours, may be considered as being withdrawn by the Contractor in accordance with Paragraph b above, except that the Government will bear all costs of returning

Questions and Responses to Solicitation AG-024B-S-14-9002 Mobile Retardant Bases

Question: In the past we have paid portable crew a daily rate. In this solicitation, wage determination rates are mandated. These are hourly, not daily rates. Should our pricing be based on a 16 hour work day (that is the maximum specified)? That would include 8 straight time and 8 OT hours per person at the rates specified per day, or should be base it on an 8 hour day and have the ability to bill OT as a separate charge? Pricing based on a 16 hour day is going to mean a big increase over current rates.

Response: Pricing should be established on a 12 hour crew day. This amendment adds the payment allowances for extended standby when services are ordered by the Government beyond a 12 hour day.

Question: The solicitation specifies minimum 2 people for a helicopter portable. We cannot operate with 2 people. Typically takes 4. Do we just price it with the number of people we need and indicate that the price includes 4 people?

Response: Amendment 01 changes to require 4 person crews for the MRB-H.

Question: On the pricing sheets, the number of units used to calculate the total price is different for the different years. Any reason why?

Response: No particular reason. I reviewed and I estimated a specific number of days over time and broke it down as shown in the schedule. This is an estimated usage of services and not ordered by the Government at time of award.

Question: On the pricing sheets, using the units, we calculate down to a total price. Will this be the basis for award?

Response: Yes, the total pricing will be used in the award process as the Evaluated Price as specified in Section E.4(d)(4).

Question: In the past we have provided one open top mix storage tank for MRB-Helicopters. Why did the requirement change to two tanks?

Response: Amendment 01 changes the requirement to one open-top mix storage tank.