AG-024B-S-17-9010_Attach_02-Specification_02-02-2017.pdf

Solicitation No. AG-024B-S-17-9010 US Forest Service National Long Term Fire Retardant – Full Service National Office

Attachment 2 – Section C

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SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 SCOPE OF CONTRACT - FULL SERVICE RETARDANT BASE

C-2 GOVERNMENT FURNISHED PROPERTY

C-3 CONTRACTOR FURNISHED PROPERTY

C-4 REMOVAL OF CONTRACTOR FURNISHED PROPERTY

C-5 GOVERNMENT RESPONSIBILITIES

C-6 CONTRACTOR RESPONSIBILITIES

C-7 TECHNICAL REQUIREMENTS

C-8 PACKAGING FOR DOMESTIC SHIPMENT (AGAR 452-247-72) (FEB 1988)

C-9 INSPECTION AND ACCEPTANCE OF MIXED PRODUCT

C-10 QUALITY ASSURANCE TESTS

C-11 CONTRACT PERIOD

C-12 DELIVERY LOCATION (AGAR 452.247-70) (FEB 1988)

C-13 REQUIRED DELIVERY PERIOD

C-14 PRE- AND POST-PERIOD DELIVERY

C-15 OPTIONAL PERIOD DELIVERY

C-16 READY DELIVERY STATUS

C-17 RETURN-TO-READY DELIVERY STATUS

C-18 AUTHORIZED BREAKS

C-19 FAILURE TO PERFORM

C-20 GOVERNMENT OPERATION OF CONTRACTOR PLANT

C-21 ADDITIONAL ORDERING REQUIREMENTS

C-22 FOOD AND DRINK

C-23 FUEL SURCHARGE

C-24 OFFICE SPACE AND AMENITIES

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C-25 FUGITIVE USAGE AT FULL SERVICE BASES

C-26 METHOD OF MEASUREMENT

C-27 BASIS OF PAYMENT

C-28 PAYMENT PROCEDURES

C-29 GOVERNMENT REPRESENTATIVE

C-30 POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

C-31 INSURANCE COVERAGE (AGAR 452.228-71) (NOV 1996)

C-32 COMMERCIAL FILMING AND VIDEO TAPING

C-33 QUALIFICATION REQUIREMENTS (FAR 52.209-1) (FEB 1995)

C-34 OPTION TO EXTEND SERVICES (FAR 52.217-8) (Nov 1999)

C-35 OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MAR 2000)

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C-1 SCOPE OF CONTRACT- FULL SERVICE RETARDANT BASE

(a) The Contractor shall supply, mix, store, and load long-term fire retardant, meeting Specification 5100-304c with amendments (latest - Amendment No. 3, 17 May 2010), into airtankers or as directed for use in suppression of wildland fires. Contract includes personnel necessary for operating the retardant base as specified herein.

(b) At the Government's request, the Contractor shall also be required to off-load retardant from aircraft, reload or load aircraft with water.

(c) The supplying of retardant into the aircraft shall include all equipment (except Government furnished), labor, and retardant materials necessary for the handling of the retardant.

(d) Due to the sporadic nature of fire activity, the Government does not guarantee placement of any orders for retardant.

(e) Contractor may only bid fully qualified Long-Term Fire Retardant product(s) listed on the Qualified Product List at the time of opening as per the Schedule of Items.

(f) Contractor furnished equipment shall be sufficient to meet daily peak demand as specified in Attachment 3 – Exhibit J-1.

(g) As identified in Attachment 3 – Exhibit J-1, as applicable under other “base needs” the Contractor shall be responsible for the disposal of wash down products and associated costs.

(h) All products are allowed a certain amount of degradation over time. If a product for some reason is deemed unusable and out of spec after this consideration, the program manager and Missoula Technology and Development Center (MTDC) will discuss, with contractor,allowable adjustments. If product is unable to be brought back to acceptable range, the contractor will remove any concentrate or mixed product that is out of specification and deemed unusable for any purpose by the Airtanker Base Manager and COR/CO within 30 days of identification.

C-2 GOVERNMENT FURNISHED PROPERTY

The Government will provide Government furnished property to the Contractor at the bases and as listed in Attachment 3 – Exhibit J-1. Government furnished property will be available at the time of contract award. Contractors are encouraged to visit the site to verify the information contained in this section.

C-3 CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish all fire retardant, equipment, (except Government furnished), and personnel necessary to supply, mix, recirculate, store, and load fire retardant into aircraft or as directed.

Contractor furnished property shall include, but is not limited to, the following:

The Contractor shall provide continuous flow or batch mixing equipment:

(a) Equipment includes, but is not limited to, retardant dispensing pump, above ground pipe, manifold, fittings, hose, and valves necessary to mix and load aircraft to meet minimum requirements.

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(b) The Contractor shall provide equipment to remove and return unused retardant solution from loaded aircraft to storage.

(c) The Contractor shall provide a sampling valve to be installed between the loading pump and aircraft loading valve for quality assurance testing.

(d) The Contractor shall provide instruments (i.e., Refractometer, Marsh Funnel) and material needed to measure specific gravity and viscosity of retardant solutions.

C-4 REMOVAL OF CONTRACTOR-FURNISHED PROPERTY

(a) Retardant or retardant components remaining at the end of a contract period may be held in Government owned tank(s) or facilities, upon the written request of the Contractor and approved by the Contracting Officer.

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

(c) If the contract is not renewed or the Contractor is not the successful bidder on the subsequent contract, the retardant and all Contractor-furnished property must be disposed of or removed at Contractor's expense within 30 days, ground and weather conditions permitting, upon written notice by the Government and prior to final acceptance of the contract. Contractor shall flush and clean all remaining Government equipment of residual product.

C-5 GOVERNMENT'S RESPONSIBILITIES

(a) The movement and parking of aircraft for the loading of retardant will not be performed by Contractor personnel.

(b) The movement of motor vehicle on the aircraft-loading ramp will be done only under the authorization of the Contracting Officer.

(c) The Government will be responsible to inspect and provide oversight to testing as described herein.

(d) 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.

(e) LOT ACCEPTANCE/QUALITY ASSURANCE PROGRAM

The Lot Acceptance and Quality Assurance (LAQA) program is the Forest Service’s means of spot-checking fire retardants used by large airtanker and SEAT bases and helps assure that a high standard of quality is maintained by the retardant manufacturing companies and agency tanker bases. The National Bulk Retardant Contracts and the National Full Service Retardant Contracts require

C - 5 involvement in the program through submission of samples on all retardant received as part of the inspection process.

The number of samples a base sends to the lab at Wildland Fire Chemical Systems (WFCS) depends on the severity of the fire season and amount of retardant received at the base. There are four categories of samples.

This program consists of EVERY BASE sending the following retardant samples:

(1) Base Opening sample: When your base opens in the spring or early summer and the retardant is thoroughly recirculated, take a one quart sample from each tank (we strongly suggest using the firefighting 1 qt. plastic water canteens available from your national interagency support cache). You may need to bleed some retardant from the sampling port to be sure you’re actually sampling the contents of the tank. Label this sample “base opening” or “overwinter,” include the date the sample was taken and tank identification, and send to WFCS.

(2) Truckload sample: Every shipment of retardant that your base receives during the season, whether it’s a tanker load of liquid or a truckload of bags, needs to be sampled and tested at your base and a one quart sample sent to WFCS for confirmatory tests. Please include the shipper number and bag tag or batch number, in addition to the date and base information.

(3) Base Closing sample: Just before closing for the winter, recirculate the contents of each tank thoroughly, take a one quart sample from each tank, label it as the “base closing” sample, include the date the sample was taken and tank identification and send to WFCS. As with the Base Opening sample, you may need to bleed some retardant from the sampling port to be sure you’re actually sampling the contents of the tank.

(4) Troubleshooting samples: Any sample that is sent to WFCS will be tested. If your retardant doesn’t look or seem quite right, feel free to send a sample to WFCS and we will test it for you. This sample must be adequately identified and a description of the problem should be included.

Every sample needs to be labeled clearly and accurately. Self-adhesive labels are available from WFCS. Using these labels and supplying the requested information will assure the fastest turnaround of the testing of your samples.

After receiving samples, WFCS will perform some basic quality control tests, such as checking viscosity, salt content (refractometer reading), density and pH. Generally, WFCS will have test results back to the bases within 24 hours of receiving the samples.

Because the LAQA program is viewed as cooperative rather than adversarial, if there is a problem with a sample, WFCS may contact the base and verify the situation. If necessary, we may offer some suggestions to remedy the issue and may involve the supplier in developing a solution.

In addition to the samples already described, sufficient samples need to be taken and tested at reasonable intervals to assure that equipment is calibrated and that the retardant maintains proper quality. The basic tests are the same as those performed for the LAQA program, but are done at the base by base personnel. Although the contractor’s representative may be designated to perform the tests routinely, it is important to understand that sampling is ultimately the responsibility of the agency representative. This sampling and testing is designated as base quality control and includes the

C - 6 following:

(1) Salt content (refractometer or hydrometer) of each aircraft load.

(2) Viscosity: every 5-10 aircraft loads. Analyzed by end of each day.

(3) Salt content and viscosity of retardant in storage every seven days.

The results of all testing on base samples should be recorded and retained by the agency for internal use, which can be useful in tracking the source of problems, should they occur. Do not send these samples or results to WFCS unless there is a problem you need help with.

Additionally, a Fire Chemical Use Report will be sent to each base and needs to be filled out and returned to WFCS at the end of each season. It may be helpful to keep track of some of the information (such as number of planes loaded) throughout the fire season. An electronic version of the Fire Chemical Use Report can be found at:

http://www.fs.fed.us/rm/fire/wfcs/index.htm

- click on Lot Acceptance and Quality Assurance Program

- click on Retardant Use form at bottom of page

It is the responsibility of each manager (at both permanent and portable bases) to fill out this report and return it to WFCS. This information is used to fill out the EPA Form R, which is a component of the Toxic Release Inventory, and is required from certain bases by the EPA.

If you have any questions, please let us know. We appreciate your input, questions, concerns, etc.

Shirley Zylstra Wildland Fire Chemical Systems Missoula Technology and Development Center Missoula, MT 406-329-4859 szylstra@fs.fed.us

C-6 CONTRACTOR'S RESPONSIBILITIES

(a) 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.

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

(2) Documentation of training shall be provided to the Contracting Officer.

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(b) The Contractor shall keep all equipment and supplies at each base clean, neat, orderly, and painted in colors that are preapproved and acceptable to the Contracting Officer. All empty bags and other litter shall be picked up and disposed of at least daily. All containers must be kept neatly stored.

(c) The contractor shall utilize all Government furnished equipment with appropriate care and follow all instruction, operating procedures, and other necessary directions for use. The contractor shall perform all normal or typical maintenance on the Government furnished equipment as consideration for use of the Government furnished equipment. If in the scope of the contractor performing work, the equipment breaks through normal use, the Government will work with the contractor to determine the best approach to repair or replace the equipment. If it is determined that the equipment broke or failed in some manner due to carelessness, not following operating instructions, misuse or abuse by contractor personnel, the Government reserves the right to require the contractor to repair or replace the equipment at the contractor’s expense.

(d) The Contractor shall be responsible for cleaning up all spillages caused by mixing and loading operations. The contractor shall wash spillage from loading ramps and shall keep retardant washed off the equipment. [See Solicitation - Hazardous Material Identification and Material Safety Data, FAR 52.223-03] The contractor shall clean up any concentrate or mixed solution that leaks, drips, or runs where equipment is set-up, including all tanks, hoses, nozzles, concentrate containers, etc. which creates an unsafe area or unsightly appearance. The agency manager is responsible for wash-down effluent disposal procedures. Any special precautions must be fully disclosed in section J with necessary guidelines.

(e) The Contractor shall comply with the base-operating plan. A copy can be obtained through the Contracting Officer.

(f) As a minimum, the Contractor will perform testing as specified herein.

(g) The Contractor shall comply with the safety and health standards applicable to retardant mixing and loading operations. (Reference OSHA General Industrial Standards 29 CFR 1910). The Contractor shall also develop and post an operations plan, which has been developed in concert with the Fire Agency’s base operating plan. The plan will include as a minimum:

(1) an employee organization chart showing lines of authority,

(2) a complete list of duty assignments for each position,

(3) a description of proper work procedures for each assignment,

(4) a safety briefing with a list of safety rules for the operation, and,

(5) a plan to provide follow-up training for all personnel.

The Contractor shall ensure that all employees read and understand this operations plan before they begin work at this facility.

(h) INCIDENT BEHAVIOR

It is extremely important that inappropriate behavior be recognized and dealt with promptly.

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Inappropriate behavior is all forms of harassment including sexual and racial harassment. Harassment in any form will not be tolerated. Non-prescription unlawful drugs, medical marijuana, and alcohol are not permitted at the incident or work site. Possession or use of these substances will result in the contractor being released from the incident or work site. During off-incident periods, personnel are responsible for proper conduct and maintenance of fitness for duty. Drug or alcohol abuse resulting in unfitness for duty will normally result in the contractor being released from the incident.

[Sexual harassment is defined as unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment].

C-7 TECHNICAL REQUIREMENTS

(a) Retardant supplied through this contract must be qualified and approved for use at permanent bases (See Attachment 10 – Exhibit J-8, Forest Service Qualified Products List (QPL) – Long Term Retardant).

(b) All aircraft shall be loaded to their contracted load capacity or as directed by the Contracting Officer. The pilot of the aircraft may request the aircraft not be filled to their contracted load capacity due to product remaining in tank or weight concerns.

(c) The Contractor may be required to hot load aircraft.

(d) Aircraft loading nozzles shall be 3-inch "Kamlock" type, or equal, equipped with shutoffs.

(e) The Contractor shall provide continuous flow loading capabilities for retardant delivery into the aircraft and any storage capacity necessary to meet the daily peak demand as specified in Attachment 3 – Exhibit J-1. This will be provided with the loading capability of a minimum rate of 400 gallons per minute and maximum of 500 gallons per minute except all Single Engine Airtankers shall be loaded at 200 gallons per minute capacity, only. The Airtanker Base Manager or designated personnel will provide all/any other loading requirements or limitations.

(f) The Contractor shall provide off-load storage capacity as specified in Attachment 3 – Exhibit J- 1, separate from base storage tanks and loading facilities

C-8 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-9 INSPECTION AND ACCEPTANCE OF MIXED PRODUCT

(a) The Government shall inspect the mixed product for compliance with the specifications for mixed product. Inspection will take place as shown below in testing.

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(b) The delivery destination of the mixed retardant is inside the aircraft being loaded. Acceptance of the mixed product takes place when the product has entered the aircraft.

(c) Acceptance tests will be conducted in accordance with the procedures and requirements established during the qualification test. The tests will generally be conducted prior to acceptance of the mixed retardant and will consist of simple measurements and requirements such as visual observations, salt content, and viscosity.

C-10 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 contractor and monitored by the Base Manager and Contracting Officer. 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 product 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 (Government or Contract) 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.

(c) The base personnel shall re-circulate mixed and concentrated retardant as appropriate for the product.

(1) 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.

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

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

C - 10 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 (Attachment 10 – Exhibit J-8) and adjusted only as necessary to stay within the indicated acceptable range of refractometer readings as shown on the table of Retardant Characteristics (Attachment 8 – Exhibit J-6).

C-11 CONTRACT PERIOD

The contract period shall extend from date of award through December 31, 2017, unless the Option to Extend Services FAR 52.217-8 is exercised, in which case the contract period cannot exceed 30 June 2018.

C-12 DELIVERY LOCATION (AGAR 452.247-70) (FEB 1988)

Shipment of deliverable items, other than reports, shall be to locations as designated in Attachment 1 - Section B Schedule of Items.

C-13 REQUIRED DELIVERY PERIOD

Required delivery period for each location(s) will be as designated in Attachment 1 - Section B Schedule of Items.

C-14 PRE- AND POST-PERIOD DELIVERY

The Government reserves the right to order retardant for the period 60 days before and 60 days after the Required Delivery Period at the prices specified in the contract. During the Pre- and Post-Periods, the Contractor must deliver retardant as specified herein within 24 hours of receipt of an order.

C-15 OPTIONAL PERIOD DELIVERY

Outside the Required Delivery Period and any Pre-Delivery and Post-Delivery Periods, the Government may request service on an intermittent basis. This period is called the Optional Period. Orders placed during this period will be subject to acceptance by the Contractor. If accepted, all terms and conditions of the contract will apply.

C-16 READY DELIVERY STATUS

(a) Ready delivery status is defined as the ability to begin pumping and loading operations within 3 minutes after an order is placed. Ready delivery status shall be maintained during the normal operating day.

(b) The normal operating day is 9 hours. The Contracting Officer, Contracting Officer Representative, or Airtanker Base Manager shall establish and may change the times of the normal operating day by issuance of a work order as necessary. However, the normal operating day may not exceed the number of hours stated herein unless aircraft are being loaded OR unless the mixing crew is ordered to be in extended ready delivery status. At joint California Division of Forestry (CDF) CalFire/USDA FS bases, the normal operating day will constitute 10 ½ hours per day and should be bid accordingly. There will be no extended ready delivery status until the passage of 10 ½ hours.

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(c) Occasional temporary time changes to the normal operating day may be made by verbal notification to the Contractor by the close of business the preceding day.

C-17 RETURN-TO-READY DELIVERY STATUS

(a) The Contractor shall inform the Contracting Officer as to how appropriate personnel may be contacted. These persons will be allowed 1 (one) hour from the initial attempt by the Government to contact the Contractor or his authorized representative to provide ready delivery status.

(b) If not requested to be on Return-to-Ready Delivery Status, Contractor personnel will be considered to be off duty and may not be required to Return-to-Ready Delivery Status that day.

C-18 AUTHORIZED BREAKS

During the contract period, when conditions permit, the Contracting Officer may approve authorized breaks to allow Contractor personnel time off from the base.

C-19 FAILURE TO PERFORM

(a) If the Contractor fails to provide ready delivery status, the Government reserves the right to take over Contractor's operations. If the Government exercises this right, the Contractor shall be liable for all costs incurred resulting from failure to perform.

(b) If the Contractor fails to perform as required, the Government reserves the right to dispatch the Airtanker(s) to alternate base(s) for loading of fire retardant in an emergency situation. If the Government exercises this right, the Contractor shall be liable for all incurred costs resulting from failure to perform, including but not limited to, hourly flight time for the Airtanker(s), standby time, and any increase in cost for the retardant.

C-20 GOVERNMENT OPERATION OF CONTRACTOR PLANT

During or outside of the required delivery period, the Government may operate the retardant plant on an intermittent and short-term basis if Contractor personnel are not available. The Government will attempt to contact the Contractor to secure their approval prior to operating the retardant plant.

Payment for the retardant will be made at the applicable bid rate in Attachment 1 - Section B Schedule of Items.

C-21 ADDITIONAL ORDERING REQUIREMENTS

Orders given to maintain ready delivery status during the Required Delivery Period, Pre, Post, or Optional Period may be made orally and will be documented in writing by Project Inspector/COR.

C-22 FOOD AND DRINK

The Airtanker Base Managers shall provide meals, ice, and drinks at the Government’s expense in order to sustain fire fighting operations. If the crews are required to be on site/base due to potential fire emergencies, or the crew is flying, then appropriate meals shall be provided. In addition, extended standby ordered by the Government in excess of 1 hour requires dinner to be provided.

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C-23 FUEL SURCHARGE

The Government will reimburse the Contractor for the actual amount of any fuel surcharge imposed as a part of the total freight charges for each shipment of retardant. The contractor warrants that the surcharge imposed is not in excess of any fuel surcharge imposed on other forms for whom the transportation firms used provides freight hauling services. The fuel surcharge shall be listed as a separate item on transportation freight bills and invoices for the payment of the item furnished. Invoices containing fuel surcharges must be submitted and received by the air tanker base no later than 30 days from shipment in order to be paid; otherwise payment will not be allowed. Invoices for fuel surcharges will be submitted to the Airtanker Base Managers for processing. The Airtanker Base Manager or their designee will date stamp date of receipt and submit to the Albuquerque Service Center no later than five days of receipt unless there are problems with the invoices.

Occasionally, retardant may be relocated from an airtanker base to a non-contracted location. If this should occur, when the airtanker base is restocked, then a credit will be given for the restock fuel surcharge.

C-24 OFFICE SPACE AND AMENITIES

Office space if available in existing airtanker base facilities should be identified and made known in Section J-1 under the Other Base Needs column. The contractor should inquire as to the condition of the office space as well as the size in order to properly determine if it will meet their staffing needs. If the space available will not work, the airtanker base manager and contractor will determine an appropriate alternative.

The contractor personnel will have access to the same amenities as government personnel in terms of restrooms and break areas for meals.

C-25 FUGITIVE USAGE AT FULL SERVICE BASES

For special projects/fires, (i.e., national parks, etc.), Full Service Bases are authorized to switch to a fugitive product when needed. At that time, the cost for the fugitive product will be a standard increase of $_____ per gallon for the Category the base is currently using. A minimum of one (1) truckload is required to order. If the product is returned (full Phos-bin) there will be a 5% restock charge for the returned material and in addition a fuel surcharge may be assessed for freight costs.

C-26 METHOD OF MEASUREMENT

The primary method of measurement will be mass flow meter and the inventory method will be used as a backup check. Methods will be used in accordance with the following:

(a) Mass Flowmeter® Method (Micro Motion®)

(1) Retardant will be measured in gallons. All retardant will be delivered through mass flowmeters reading in total pounds delivered. Pounds will then be converted to gallons for payment.

(2) Calibration and verification to insure meter accuracy will be performed as stated in the following Forest Service guide: "User/Procurement Manual for Retardant Measurement Mass Flowmeter". Each meter will be calibrated annually as early in the season as possible by the

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Government. Verification of meter accuracy may be requested at anytime at the request of the Contractor or the Contracting Officer. Such verification will be performed in the presence of the Contractor and the Contracting Officer. If during the season, micro motion meter discrepancies occur, the cost of recalibration will be paid by either the Government or the contractor depending on recalibration results. If the micro motion meter is calibrated correctly, then the contractor will pay for the recalibration, and if incorrectly calibrated the Government will pay for the cost.

(3) All gallons of retardant used and all other services will be recorded on the Retardant Inventory/Use Worksheet (Attachment 4 – Exhibit J-2). This form shall be completed on a daily basis.

(b) Inventory Method

(1) The Contractor shall deliver bulk retardant by the ton to each retardant base, record the number of tons, and attach the truck weight invoices to the Retardant Inventory/Use Worksheet (Attachment 4 – Exhibit J-2)

(2) Retardant will be measured in gallons converted from pounds delivered using the Retardant Inventory/Use Worksheet.

(A) Bulk retardant (converted to gallons) on hand at the retardant base at the beginning of the 2-week period, plus

(B) Mixed retardant (in gallons) on hand at the retardant base at the beginning of the 2-week period, plus

(C) Total tons of retardant (converted to gallons) delivered to the retardant base, less

(D) Bulk retardant (converted to gallons) on hand at the retardant base at the end of the two-week period, less

(E) Mixed retardant (converted to gallons) on hand at the retardant base at the end of the two-week period.

C-27 BASIS OF PAYMENT

(a) Retardant.

(1) Payment will be made at the applicable bid rate in Attachment 1 - Section B, Schedule of Items, per gallon for actual gallons of retardant delivered into the aircraft. Unit prices for each sub-item will be applied until the gallons of retardant delivered exceeds that sub-item quantity limit; i.e., first, sub-item A unit price will be applied until the sub-item A quantity limit is reached;

then sub-item B unit price comes into effect until the quantity limit in sub-item B is reached; and so forth. For all quantities of retardant over and including the starting quantity for the last sub-item, the unit price for that last sub-item will be applied until the end of the contract year. Sub-item quantity limits will be activated at the start of the initial contract year and at the start of each renewal year.

(2) When retardant salt content falls outside the acceptable range (see Attachment 8 –

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Exhibit J-6 Retardant Characteristics and Mix Factors Table, and Publication NFES 1245, "Lot Acceptance, Quality Assurance, and Field Quality Control for Fire Retardant Chemicals") an appropriate payment deduction will be made by the Contracting Officer.

(b) Off-Loading, Re-Loading, and Water Loading. Payment will be made for off-loading, reloading, and water loading on a per occurrence basis at the specified rates shown in Section B (See Attachement 1 – Section B).

(c) Extended Ready Delivery Status. The Contractor will be paid at an hourly rate (rounded to the next full hour) specified in Attachment 1 - Section B for each authorized crew member whenever the Agency requires ready delivery status in excess of the applicable normal working day hours (See Section C-16 - Ready Delivery Status). The first 9 hours of Ready Delivery Status (or 10 1/2 as referenced in Ready Delivery Status) each day will be considered the normal operating day.

(d) Call-Up Outside Required Delivery Period. When required to be in Ready Delivery Status during the 60 day Pre-, Post-, or Optional Periods, a minimum of 3 days call-up is guaranteed. If during the pre-delivery, or post-delivery, or optional delivery periods less than 10,000 gallons of retardant is pumped in any day, a minimum of $500 per day will be paid.

(e) Reimbursement for Mobilization and Demobilization Costs

(1) When service is ordered outside of the required delivery period (pre-delivery, post-delivery, and optional delivery periods) and there is a break in service, the Government will reimburse the Contractor for all necessary and reasonable costs on an actual cost basis for the mobilization and demobilization costs associated with the personnel needed to deliver fire retardant into the aircraft.

(2) Such costs may include, but are not limited to, airline or bus fares, small aircraft usage, vehicle mileage, and telephone calls.

(3) Invoices for reimbursement shall be supported by itemized invoices and shall be submitted to the designated payment office.

C-28 PAYMENT PROCEDURES

(a) The USDA Forest Service Cumulative Retardant Use/Payment Summary shall be used for payment processing (See Attachment 6 – Exhibit J-4). The Retardant Use Record and/or Retardant Inventory/Use Worksheet shall support each payment summary.

(b) Payment will be processed about the first day and sixteenth day of each month.

(c) Upon completion of the Required Delivery Period and any extensions thereof, final payment will not be made until the Government furnished property has been returned and a Contract Release has been furnished. The final payment shall be accompanied by a Contract Release and Transfer of Property Forms.

(d) Payment Procedures: Contracts for permanent bases only. Forest Service 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. Base managers shall submit original invoice, signed "services received," with the appropriate Retardant Use Record and/or Retardant/Use Worksheet, and

C - 15 any other applicable supporting documentation for the invoice to the following address:

USDA, Forest Service Albuquerque Service Center Incident Business Branch 101 B Sun Ave. NE Albuquerque, NM 87109 Phone: 877-372-7249

FAX: 877-816-9532

NOTE: The supporting documentation to be included for payment needs to be date stamped upon receipt, clearly showing the actual date received, the name of the base, Contract number, and an individual including their telephone number to be contacted if there are questions..

(e) BLM Payment Procedures: This contract is considered an established source for BLM purposes. ICL, the vendor shall submit 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)

(1) Payment requests must be submitted electronically through the US Department of the

Treasury’s Internet Payment Platform System (IPP).

(2) “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 the applicable Prompt Payment clause included in the contract, or the clause FAR 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

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

Vendor’s Itemized Invoice

(4) 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 e-mail assistance 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.

(5) 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

(f) 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.

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

(JAN 2017).

C-29 GOVERNMENT REPRESENTATIVE

Whenever the Contractor is in Ready Delivery Status, either during the Required Delivery Period or any Optional Delivery Period, a Contracting Officer’s Representative or designated Federal Project Inspector shall be present to provide oversight in retardant operations to include, but not limited to lot acceptance testing, and quality assurance testing. In addition the Project Inspector will ensure timely and accurate processing of payment records.

C-30 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-31 INSURANCE COVERAGE (AGAR 452.228-71) (NOV 1996)

Pursuant to FAR Clause 52.228-5, Insurance--Work on a Government Installation, the Contractor will be required to present evidence to show, as a minimum, the amounts of insurance coverage indicated below:

(a) Workers Compensation and Employer's Liability. The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage.

Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.

(b) General Liability. The Contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

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(c) Automobile Liability. The Contractor shall have automobile liability insurance written on the comprehensive form of a policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Paragraph (d) of this AGAR clause has been deleted because it is not applicable to this contract.

C-32 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-33 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 manufacturers list, or qualified bidders list. Offerors should contact the agency activity 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: _________________________________

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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.

C-34 OPTION TO EXTEND SERVICES (FAR 52.217-8) (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the end of the contract.

C-35 OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed one (1) year and six months.