AG-024B-S-17-9009_Attach_02-Specification_02-14-2017.pdf

Solicitation No. AG-024B-S-17-9009 US Forest Service National Long Term Fire Retardant – Bulk National Office

Attachment 2 – Section C

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SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 SCOPE OF CONTRACT – BULK RETARDANT BASE

C-2 QUALIFICATION OF LONG-TERM RETARDANT PRODUCTS

C-3 SUBSTITUTION OF RETARDANT PRODUCTS

C-4 PRODUCT ENDORSEMENTS

C-5 CONTRACTOR-FURNISHED EQUIPMENT

C-6 REMOVAL OF CONTRACTOR-FURNISHED EQUIPMENT

C-7 TECHNICAL ASSISTANCE FOR CHANGE IN PRODUCT

C-8 GOVERNMENT RESPONSIBITILES

C-9 PACKING FOR DOMESTIC SHIPMENT (AGAR 452.247-72) (FEB 1988)

C-10 MARKING

C-11 PACKING LIST

C-12 NOTIFICATION OF SHIPMENT OF CONDITIONALLY APPROVED PRODUCTS

C-13 TITLE TO BINS AND BULK BAGS

C-14 INSPECTION OF SUPPLIES - FIXED-PRICE (FAR 52.246-02)(AUG 1996)

C-15 RESPONSIBILITY FOR SUPPLIES (FAR 52.246-16) (APR 1984)

C-16 INSPECTION, ACCEPTANCE, AND PASSAGE OF TITLE

C-17 ACCEPTANCE INSPECTION AND TESTS

C-18 QUALITY ASSURANCE TESTS

C-19 ORDERING

C-20 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995)

C-21 REQUIRED DELIVERY TIME

C-22 DELIVERY LOCATION

C-23 CERTIFICATION OF TRANSPORTATION CHARGES

C-24 PAYMENT FOR LONG-TERM FIRE RETARDANT

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C-25 COST OF TRANSPORTATION

C-26 PAYMENT PROCEDURES

C-27 BULK RETARDANT CONTRACT INVOICING

C-28 ORDERING RETARDANT

C-29 POST-AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

C-30 COMMERCIAL FILMING AND VIDEO TAPING

C-31 QUALIFICATION REQUIREMENTS (FAR 52.209-1) (FEB 1995)

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C-1 SCOPE OF CONTRACT – BULK RETARDANT BASE

(a) This contract provides for the normal supply requirement of long-term fire retardant to the United States Department of Agriculture (USDA) Forest Service, Department of Interior, Bureau of Land Management, Bureau of Indian Affairs and may be used by other Government agencies with interagency agreements with any of the above.

(b) The resultant contract is a fixed-price requirements type contracts. When long-term fire retardant is needed for the designated bulk bases listed in the Schedule (See Attachment 1 – Section B

– Schedule of Items), the Government is obligated to purchase such quantities from the contractor.

Other Federal Agencies and cooperators may use the national long-term retardant contracts at their option.

(c) Only products approved and listed on the Qualified Products List (QPL) for Permanent Bases (See Attachment 4 – Exhibit J-2) will be accepted as long-term retardant for award purposes in the schedule of items for designated bases.

C-2 QUALIFICATION OF LONG-TERM RETARDANT PRODUCTS

(a) The long-term retardant to be furnished shall be qualified and approved on the Qualified Products List (QPL) in accordance with U.S. Department of Agriculture, Forest Service, Specification for Long Term Retardant, Forest Fire, Aircraft or Ground Application, 5100-304c with amendments.

This list can be found at Attachment 4 – Exhibit J-2 - Long-Term Retardant for Wildland Fire Management.

(b) The retardant product to be furnished shall be identical to the qualified lot number inserted in the space provided in Attachment 1 – Section B – Schedule of Items - CLIN Pricing. A single lot number shall be inserted for each product.

C-3 SUBSTITUTION OF RETARDANT PRODUCTS

Only products that appear on the Long Term Retardant Qualified Products List (QPL) shall be considered for substitution:

(a) Substitution of a different approved qualification lot number within a single retardant product trade name must be approved in writing in advance by the Contracting Officer.

(b) Dis-similar approved retardant products may also be requested for substitution.

(c) Conditionally-approved products may be requested for substitution of a fully approved product.

(d) Requests for a proposed substitution shall be submitted in writing to the Contracting Officer within seventy two (72) hours after the point in time that the Contractor determines that a substitution will become necessary and before any changeover in the production of the new lot begins.

C-4 PRODUCT ENDORSEMENTS

The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products.

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C-5 CONTRACTOR-FURNISHED EQUIPMENT

(a) The Contractor shall furnish equipment that is not owned by the agency and available at the base to store, mix, load, and handle the retardant product. A contractor-furnished equipment list shall be submitted with the proposal. See Attachment 3 – Exhibit J-1 – Facility, Government & Contractor Equipment for a list of Government Furnished equipment. The following equipment may be required, but is not limited to:

(1) Handling Equipment. Forklifts for handling dry products.

(2) Mixing Equipment. Eductor or batch mixer, vari-blender or orifice blender whichever is applicable.

(3) Storage Tanks. Tanks necessary to store sufficient amounts of water and retardant with adequate recirculation capability to meet daily peak demand at the base as shown in Section J, Exhibit 1. Contractor-furnished off load tanks are not required unless specified in Section J, Exhibit J-1.

(4) Other Equipment. Other equipment, e.g., pumps, etc., required, as Contractor-furnished equipment will be in addition to Government furnished equipment as specified in Attachment 3 - Exhibit J-1.

(5) Some bases may require extensive contractor-furnished equipment. A site visit is advisable to establish the contractor-furnished equipment needs. A complete list should be submitted with contractor's technical proposal.

(b) The Contractor shall install, maintain and secure all contractor-furnished equipment such that during proper operation of the equipment contamination will not occur.

(c) Contractor furnished equipment shall be sufficient to meet the daily peak demand as specified in Attachment 3 – Exhibit J-1. This equipment shall be compatible with a system capable of providing a loading rate of 200 gallons per minute to a maximum of 500 gallons per minute.

C-6 REMOVAL OF CONTRACTOR-FURNISHED EQUIPMENT

(a) If the contract is not renewed or the Contractor is not the successful bidder on the subsequent contract, the Contractor-furnished property must be removed at Contractor's expense within 30 days, ground and weather conditions permitting, upon written notice by the Government, unless an alternate time frame is approved in writing by the Government. If an alternate time frame for equipment removal is approved, the Contractor shall be responsible for the liability of Contractor Furnished equipment.

(b) Equipment furnished by the contractor may be either removed or stored at the tanker base during non-operational periods, upon the written request of the contractor and approval by the Contracting Officer.

C-7 TECHNICAL ASSISTANCE FOR CHANGE IN PRODUCT

After the award of a contract for a specific product for a designated airtanker base, a change in product type will be supported by the contractor and approved by the government. For example, a change from

C - 5 liquid concentrate to dry powder or a change from dry powder to liquid concentrate requires that the Contractor provide technical assistance to base personnel for establishing operations to include training on handling, storing, recirculation, mixing and loading the retardant product.

C-8 GOVERNMENT RESPONSIBITILES

The Government is responsible to maintain all government provided equipment in good working condition, however, the Government may request the Contractor perform maintenance. If there is a cost to the contractor to perform the requested maintenance, the Government representative will contact the COR or CO with the request. The CO will obtain an official quote prior to the work proceeding. The invoice will be submitted through regular payment procedures and will contain the appropriate documentation to support the invoice.

C-9 PACKING FOR DOMESTIC SHIPMENT (AGAR 452.247-72) (FEB 1988)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

C-10 MARKING

(a) General Requirements - Interior packages, if any, and exterior shipping containers shall be marked as specified below. Additional marking requirements may be specified on delivery orders issued under the contract. If not otherwise specified, interior packages and exterior shipping containers shall be marked in accordance with Federal Standard 123, edition in effect on the date of issuance of the solicitation.

(b) Improperly Marked Material - When Government inspection and acceptance are made at destination, and delivered supplies are not marked in accordance with contract requirements, the Government has the right, without prior notice to the Contractor, to perform the required marking, by contract or otherwise, and charge the Contractor at the actual cost. This right is not exclusive, and is in addition to other rights or remedies provided for in this contract.

C-11 PACKING LIST

A packing list or other suitable shipping document shall accompany each shipment and shall show the:

(1) Name and address of consignor,

(2) The name and address of consignee,

(3) Government purchase order number,

(4) Government bill of lading number covering the shipment, if any, and

(5) Description of the material shipped (Materials Shipping Data Sheet), including shipping lot number and qualification lot number, item number, quantity, number of containers, and package number, if any.

C-12 NOTIFICATION OF SHIPMENT OF CONDITIONALLY APPROVED PRODUCTS

The Contractor shall notify the Contracting Officer's Representative (COR), or Inspector at the time an order is placed for the initial shipment to any/all locations of a conditionally approved product for use

C - 6 under the contract. The following data should be given in the notification:

(1) - Shipping Date

(2) - Shipping Lot Number

(3) - Qualification Lot Number

(4) - Airtanker Base

(5) - Government Purchase Order Number

(6) - Quantity

C-13 TITLE TO BINS AND BULK BAGS

The title to bins and bulk bags shall remain with the contractor. The Government will reasonably protect and store containers for pick-up by the contractor. The contractor shall make arrangements to pick-up bins/bags every 30 days.

C-14 INSPECTION OF SUPPLIES - FIXED-PRICE (FAR 52.246-02)(AUG 1996)

(a) Definition. "Supplies," as used in this clause, includes but is not limited to raw materials, components, intermediate assemblies, end products, and lots of supplies.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering supplies under this contract and shall tender to the Government for acceptance only supplies that have been inspected in accordance with the inspection system and have been found by the Contractor to be in conformity with contract requirements. As part of the system, the Contractor shall prepare records evidencing all inspections made under the system and the outcome. These records shall be kept complete and made available to the Government during contract performance and for as long afterwards as the contract requires. The Government may perform reviews and evaluations as reasonably necessary to ascertain compliance with this paragraph. These reviews and evaluations shall be conducted in a manner that will not unduly delay the contract work. The right of review, whether exercised or not, does not relieve the Contractor of the obligations under the contract.

(c) The Government has the right to inspect and test all supplies called for by the contract, to the extent practicable, at all places and times, including the period of manufacture, and in any event before acceptance. The Government shall perform inspections and tests in a manner that will not unduly delay the work. The Government assumes no contractual obligation to perform any inspection and test for the benefit of the Contractor unless specifically set forth elsewhere in this contract.

(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in additional cost, all reasonable facilities and assistance for the safe and convenient performance of these duties. Except as otherwise provided in the contract, the Government shall bear the expense of Government inspections or tests made at other than the Contractor's or subcontractor's premises;

provided, that in case of rejection, the Government shall not be liable for any reduction in the value of inspection or test samples.

(e)

(1) When supplies are not ready at the time specified by the Contractor for inspection or test, the Contracting Officer may charge the Contractor the additional cost of inspection or test.

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(2) The Contracting Officer may also charge the Contractor for any additional cost of inspection or test when prior rejection makes reinspection or retest necessary.

(f) The Government has the right either to reject or to require correction of nonconforming supplies.

Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Government may reject nonconforming supplies with or without disposition instructions.

(g) The Contractor shall remove supplies rejected or required to be corrected. However, the Contracting Officer may require or permit correction in place, promptly after notice, by and at the expense of the Contractor. The Contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirements for correction, and, when required, shall disclose the corrective action taken.

(h) If the Contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or corrected, the Government may either

(1) by contract or otherwise, remove, replace, or correct the supplies and charge the cost to the Contractor or

(2) terminate the contract for default. Unless the Contractor corrects or replaces the supplies within the delivery schedule, the Contracting Officer may require their delivery and make an equitable price reduction. Failure to agree to a price reduction shall be a dispute.

(i)

(1) If this contract provides for the performance of Government quality assurance at source, and if requested by the Government, the Contractor shall furnish advance notification of the time

(i) when Contractor inspection or tests will be performed in accordance with the terms and conditions of the contract and

(ii) when the supplies will be ready for Government inspection.

(2) The Government request shall specify the period and method of the advance notification and the Government representative to whom it shall be furnished. Requests shall not require more than 2 workdays of advance notification if the Government representative is in residence in the Contractor's plant, nor more than 7 workdays in other instances.

(j) The Government shall accept or reject supplies as promptly as practicable after delivery, unless otherwise provided in the contract. Government failure to inspect and accept or reject the supplies shall not relieve the Contractor from responsibility, nor impose liability on the Government, for nonconforming supplies.

(k) Inspections and tests by the Government do not relieve the Contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud or as otherwise

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(l) If acceptance is not conclusive for any of the reasons in paragraph (k) hereof, the Government, in addition to any other rights and remedies provided by law, or under other provisions of this contract, shall have the right to require the Contractor

(1) at no increase in contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the Contractor's plant at the Contracting Officer's election, and in accordance with a reasonable delivery schedule as may be agreed upon between the Contractor and the Contracting Officer; provided, that the Contracting Officer may require a reduction in contract price if the Contractor fails to meet such delivery schedules, or

(2) within a reasonable time after receipt by the Contractor of notice of defects of nonconformance, to repay such portion of the contract as is equitable under the circumstances if the Contracting Officer elects not to require correction or replacement.

When supplies are returned to the Contractor, the Contractor shall bear the transportation cost from the original point of delivery to the Contractor's plant and return to the original point when that point is not the Contractor' plant. If the Contractor fails to perform or act as required in (1) or (2) above and does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure, the Government shall have the right by contract or otherwise to replace or correct such supplies and charge to the Contractor the cost occasioned the Government thereby.

C-15 RESPONSIBILITY FOR SUPPLIES (FAR 52.246-16) (APR 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies 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) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b.

destination.

(c) Paragraph (b) above shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) above shall apply.

(d) Under paragraph (b) above, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

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C-16 INSPECTION, ACCEPTANCE, AND PASSAGE OF TITLE

For payment purposes only, "inspection and acceptance" of supplies delivered will occur at the time of acknowledgement of receipt of the supplies at the point of destination. Passage of title will also occur at this time.

C-17 ACCEPTANCE INSPECTION AND TESTS

Lot acceptance tests will be conducted in accordance with the procedures and requirements established during the qualification test. The acceptance tests will generally be conducted at the delivery sites on each lot delivered (one truckload of bulk or one container) and will consist of visual observations and simple measurements such as refractometer reading and viscosity.

C-18 QUALITY ASSURANCE TESTS

Testing shall be performed during mixing and pumping operations in accordance with (Lot Acceptance, Quality Assurance, and Field Quality Control for Fire Retardant Chemicals, Publication Number: NFES 1245). Field Quality Control testing shall be accomplished by the government and monitored by the Base Manager. Test results shall be recorded on similar forms furnished in the back of the Field Quality Control of Fire Retardant Chemicals publication.

Quality Control Testing. Quality Control Testing is the testing done at the base to ensure that products going to the field is of proper quality. All test results shall be recorded and maintained for future reference. Base Managers are responsible for oversight and insuring that the following is accomplished:

(a) The base personnel shall be required to test every aircraft load for salt content (refractometer reading) as follows: .

(1) Wet Concentrate Products – Sample and test at least 3 times during the loading operation, i.e. early in the loading, near middle of load, and late in the loading operation.

(2) Dry Concentrate Products –Sample and Test every aircraft load as it is being loaded into the aircraft.

(b) The base personnel shall test for viscosity by taking samples every five (5) to ten (10) aircraft loads and analyzing the samples at the end of each day if the product is a thickened product.

(1) The base personnel shall re-circulate mixed and concentrated retardant as appropriate for the product. Each batch of mixed retardant made from dry powder concentrate shall be tested for salt content by refractometer reading and adjusted as necessary before transferring to storage tanks.

(2) Mixed retardant will be tested for salt content by refractometer in the storage tank when additional mixed retardant is added. This usually occurs during active loading of aircraft.

The base personnel shall test mixed retardant in storage for compliance with salt content and viscosity every 7 days following recirculaton.

The Government has the right to take random samples for assurance testing to meet QPL

C - 10 requirements. Quality assurance tests will be conducted in accordance with the procedures and requirements established during product qualification. These quality assurance tests will be conducted by the Government or at private laboratories at the discretion of the Government and will consist of quantifying physical and chemical properties by appropriate laboratory analysis.

The retardant products are qualified only at the mix ratios shown on the Qualified Products List (QPL Attachment 4 – Exhibit J-2) and adjusted only as necessary to stay within the indicated acceptable range of refractometer readings as shown on the table of Retardant Characteristics (Attachment 5 – Exhibit J-3).

C-19 ORDERING

(a) Orders for the fire retardant listed in Section B may be issued by one of the following:

(1) United States Department of Agriculture, Forest Service

(2) United States Department of Interior, Bureau of Land Management, and

(3) Other agencies with interagency agreements with any of the above.

(b) Orders may be issued orally by authorized Base Managers. All oral orders will be followed-up with a confirming written order by the appropriate acquisition office. Agencies placing the order should request confirmation/acknowledgement of receipt of the order by the contractor especially when there is a critical need for the supplies.

(c) No other acquisition instruments shall be paid under this contract.

C-20 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 22 tons, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 88 tons for dry products or 176 tons for liquid products;

(2) Any order for a combination of items in excess of 88 tons for dry products or 176 tons for liquid products.

(3) A series of orders from the same ordering office within 3 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) This is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)). Under this contract, the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding

C - 11 the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 24 hours after notification of the order, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

C-21 REQUIRED DELIVERY TIME

(a) Normal Delivery – (as applicable) Deliveries to destination, in Geographic FS Regions 1, 2, 3, 4, 5, & 6 shall be made within 72 hours after the receipt of an order.

(b) Deliveries in FS Region’s 8 & 9 shall be made within 96 hours after receipt of an order. If expedited delivery is requested, delivery must be within 24-48 hours of order to meet the requirements for expedited charges.

(c) Alaska Delivery (as applicable) (FS, Region 10) - Fairbanks, Alaska, deliveries shall be made within 30 days after receipt of an order. Expedited delivery to Fairbanks will be made within 10 days as stated on the order. Ft Yukon, Alaska, deliveries shall be made within 60 days after receipt of an order.

C-22 DELIVERY LOCATION

The location(s) for delivery are designated in Attachment 1 - Section B, in the Schedule of Items.

C-23 CERTIFICATION OF TRANSPORTATION CHARGES

Certification of transportation charges shall be furnished on the invoice as follows. Certification shall be signed by an authorized agent of the Contractor.

(a) When transportation is furnished by a contract carrier:

"I certify that the transportation charges stated herein are correct and in conformity with the contract between ourselves and the transportation firm that provides the transportation services."

(b) When transportation is accomplished using Contractor-owned or leased equipment:

"I certify that the transportation charges stated herein are correct and represent the actual transportation charges or the transportation amount shown in the Schedule, whichever is less."

C-24 PAYMENT FOR LONG-TERM FIRE RETARDANT

(a) Payment for long-term fire retardant will be paid as follows.

FOB DESTINATION – Total bid price includes but not limited to:

(1) Product costs, including Contractor provided equipment, if applicable, and

(2) transportation costs

(b) Payments for Federal Agencies will be in accordance with FAR 52-232.25, Prompt Payment.

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C-25 COST OF TRANSPORTATION

(a) Transportation and the cost thereof for products shown in the Schedule of Items will be in accordance with Clause FAR 52.247-34, FOB destinations.

(b) The Contractor shall prepay all freight charges and include them as a separate line item on invoices for payment of the item furnished.

(c) When freight charges are reimbursed on an actual-expense basis, (Actual-expense basis for destinations not shown in the Schedule of Items) one of the following modes of transportation will be used:

(1) Common carrier subject to a governing freight classification or tariff.

(2) Contract between the Contractor and a transportation firm. The contract is to be a bona-fide "arms length" transaction and a copy of each such contract will be furnished to the Contracting Officer prior to contract performance.

(3) When Contractor-owned or leased transportation equipment is used, reimbursement will be made for the actual costs of ownership and operation of such equipment or actual lease costs and operation cost of such equipment. Fuel surcharge will be allowed as the actual additional cost of fuel due to increased prices of fuel above the price used in establishing the transportation rates shown in the Schedule of Items. This amount will be shown as a separate item on invoices for the payment of the item furnished. Invoices containing fuel surcharges must be submitted no later than 45 days from shipment in order to be paid otherwise payment will not be allowed.

(d) Expedited Freight Charges – The Government will reimburse the contractor for expedited delivery charges for freight. The Ordering Manager will be responsible for documenting and justifying the additional costs for this service. Price will be determined at time order is placed.

C-26 PAYMENT PROCEDURES

(a) Forest Service payments under this contract may be made by Government credit card or through use of Form SF-1449, Order for Commercial Items, along with the Resource Order. Invoice amounts shall be verified against the contract pricing/rates. All quantities shall be verified and the appropriate job code breakdown shall be included before forwarding the invoice to the appropriate paying official.

If using a Form SF-1449, submit a scanned copy of the SF-1449, a copy of the resource order, and an original invoice signed with a full signature (First and Last) and printed name (first and last) and the statement “Services received and proper for payment.” Submit the invoice electronically to ASC_IPC@fs.fed.us. The subject line of the email shall include the “ICL Invoice number and the Air Tanker Base representative full name (First and Last).” Invoices may also be faxed to 866-816-9532. If you are unable to either send electronically or by fax, then mail the complete invoice package to:

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USDA, Forest Service Albuquerque Service Center (ASC) Incident Business Branch 101 B Sun Avenue NE Albuquerque, NM 87109 Phone: 877-0372-7248

FAX: 866-816-9532

Base manager must verify the dollar amounts billed against the negotiated contract price and verify the quantities on the invoice and date stamp with the date of receipt. Include appropriate documentation if necessary to support the invoice, as well as clearly indicate the contract number, individual and telephone number to contact by the payment center, if there are questions.

(b) BLM PAYMENT PROCEDURES ICL shall submit draft invoices to the BLM ordering unit (e.g. Attention: Airtanker Base Manager). The BLM ordering unit shall create an order/payment document in BLM’s electronic procurement system (FBMS). Once the document is created, the order number must be provided to ICL for them to invoice BLM via IPP (see below).

ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INTERNET PAYMENT PLATFORM

(IPP) (SEPTEMBER 2011)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

__Vendor’s Itemized Invoice______________________

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 – 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the BLM Ordering Officer with its proposal or quotation.BLM Payment Procedures: The Vendor shall submit invoices to the ordering unit (e.g. Attention: Airtanker Base Manager). The ordering unit shall submit the payment package, as described below, including original invoices, signed “Accepted” and dated to the following address:

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BLM National Operations Center PO Box 25047, Building 50 Denver Federal Center Denver, CO 80225-0047 Mail Stop: OC-6221

The ordering office shall include appropriate documentation to support the invoice, as well as clearly indicate the Financial Business Management System (FBMS) acquisition order number that was issued by the warranted contracting officer for the ordering unit and the individual and telephone number to contact by the payment center if there are any questions. The BLM field office official who reviews and approves the invoice before sending it to the NOC must reference the BLM delivery order/BPA call number as it is obligated in FBMS (e.g. L10PB00542) or the invoice will be returned to the vendor. If an obligating document is not established first, then the BLM office should process the acquisition order prior to sending the invoice in order to meet the above criteria.

(c) Payments for Federal Agencies will be in accordance with FAR 52-232.25 Prompt Payment (JAN 2017). If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the [BLM Ordering] Officer with its proposal or quotation.

(d) Other agencies utilizing this contract will follow their own administrative payment procedures.

C-27 BULK RETARDANT CONTRACT INVOICING

(a) All invoices affiliated with this contract will be submitted to the appropriate point of contact for each Forest Service Airtanker base under the contract through email from the current contractor, ICL Performance Products, LP.

(b) ICL has the responsibility to submit a proper invoice to the Government, and the Government has the responsibility to acknowledge receipt of a proper invoice, review the invoice, and verify the charges are correct. Requiring the invoices be submitted electronically will provide for timely delivery and acceptance of the invoices and minimize or eliminate missing invoices.

(c) Air Tanker Base Managers have been designated as Project Inspectors for this contract. Your responsibility for managing this contract includes the appropriate review and audit of all invoices submitted under the terms of this contract. The Incident Business Branch at the Albuquerque Service Center, and the Incident Support Branch in Boise have agreed to accept electronically scanned signatures for services received and invoices that are ready for payment rather than hard copy documents. Electronic submissions will provide for more timely and accurate tracking of invoices as well as minimize or eliminate prompt payment interest payments. (Forest Service Bases)

(d) Invoice Procedures: Print the invoice and date stamp the invoice upon receipt. In reviewing the invoice validate all charges on the invoice against the documentation provided as back-up or in your possession. Validate that the pricing on the invoice matches the appropriate year in the contract, and validate that all other charges are consistent with the contract. After the invoice has been reviewed and the charges have been verified as being correct, print and sign your full name (First and Last) on the invoice, and include the following statement “Services were received and are proper for payment”, as submitted. Scan the signed invoice and submit the invoice and all of the supporting receipts and documentation with the correct job code(s) and over-ride(s) and a break down of the charges to ASC or the Administrative Unit paying with Government Purchase Card. This is the only documentation

C - 15 needed by ASC in order to process the invoice for payment. As the approving official, maintain a copy of the invoice and a copy of all receipts and back-up documentation as the official record. This documentation shall be maintained for six years after the close out of the contract.

(e) Complete electronic invoices and all supporting documentation shall be submitted to ASC_IPC@fs.fed.us. If it is more convenient for you to fax the package to ASC, use the following fax number: 1-866-816-9532. If you fax these documents, follow-up with a phone call to ASC confirm receipt. (See section C-26 Payment Procedures of the contract for additional information.)

(f) If the air tanker base utilizes a local or zone procurement official to pay for retardant with a purchase card, be sure to provide the paying official with the appropriate documentation as identified above.

(g) The following are the key points for processing invoices:

(1) Print each invoice upon receipt.

(2) Date stamp each invoice upon receipt.

(3) Review all invoice charges and audit all charges against the contract and the back-up documents for the gallons pumped and all other applicable charges/rates.

(4) Verify that all of the charges on the invoice are accurate and in compliance with the contract, then:

(i) Print full name (First and Last Name) and phone number

(ii) Sign invoice (Full name – First and Last Name)

(iii) Date the invoice

(iv) Include the following required statement on all invoices with your signature

“Services received and proper for payment”.

(5) Submit the invoice and all of the back-up documentation (with signature and dates) showing the total charges appropriately allocated to the appropriate job code(s) and over-ride code(s) to ASC (via email or fax) or to the procurement official to pay if the retardant was purchased with a purchase card.

(6) Verify all job codes to ensure they were not changed during the life of the incident and adjust Daily Records, if necessary (Utilize Firecode)

(7) Submit the completed and approved invoice within five days of receipt.

(8) Respond promptly to any inquiries/discrepancies identified by ASC or the local paying official via telephone or by email as quickly as possible – ASC is unable to process payments or credits until all discrepancies have been resolved.

(9) Payments are time sensitive and must comply within the Prompt Payment Act.

C - 16

C-28 ORDERING RETARDANT

(a) There have been occurrences where some bulk retardant bases have needed to restock their inventory and will charge the entire restock to the latest fire. This is not appropriate as the latest fire most likely did not use all of that retardant, however in the case where they did than it is appropriate.

(b) In reality any restock of retardant should get prorated based on actual use. This is probably feasible if only a few fires received the retardant, it was all to initial attack fires, or again just one fire used all of it. It is also critical for any reimbursable fires to track those costs such that they will be included when a bill is submitted for payment.

(c) In situations where it is a challenge to prorate the charges, then utilize your local unit’s support P code for these purchases. The incident cost records will have the actual costs per your records for total fire cost if needed. If your unit does not have a support code you can use, then contact the COR for assistance.

Questions or concerns on any invoice should be directed to the Contracting Officer Representative or

ICL.

C-29 POST-AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within 10 days after the date of contract award. The conference will be held at a time and location established by the Contracting Officer.

C-30 COMMERCIAL FILMING AND VIDEO TAPING

In accordance with 36 C.F.R. Part 251 and U.S. Forest Service Manuals 1600 and 2700 all commercial filming or videotaping (e.g., filming for feature films, reality shows, documentaries, television specials, etc.) on National Forest System lands requires the filming entity to apply for, and obtain, a special use authorization prior to the start of any filming, or associated activities, on National Forest System lands.

This requirement is applicable to filming directly by contractors and is also applicable to filming of contractors of the U.S. Forest Service while on National Forest System lands.

Any filming, or associated activities, occurring on National Forest System lands pursuant to a properly acquired special use authorization may be limited or prohibited during a fire fighting or incident support situation at the discretion of the Incident Commander.

C-31 QUALIFICATION REQUIREMENTS (FAR 52.209-1) (FEB 1995)

(a) Definition. "Qualification Requirement," as used in this clause means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturer’s list, or qualified bidder’s list. Offerors should contact the agency activity

C - 17 designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

DIRECTOR

FIRE AND AVIATION MANAGEMENT

USDA FOREST SERVICE

PO BOX 96090

WASHINGTON DC 20013-6090

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has met the standards specified, the relevant information noted below should be provided.

Offeror's Name:_________________________________________ Manufacturer's Name:____________________________________ Source's Name:__________________________________________ Item Name:______________________________________________ Service Identification:_________________________________ Test Number:______________________ (to the extent known)

(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government's best interests.

(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.