VTC_Agenda_with_Q A.doc

VIPR VTC AGENDA

QUESTIONS & ANSWERS

11/13/2012

1. 2013 VIPR VENDOR INFORMATION SHEET

a. Overview of current solicitations and other equipment not being competed

b. Form to list resources on Potential Vendor’s List—a region-wide list in a central location available to all COs and Buying Team members.

c. This is a source list for obtaining some resources via purchase card or at-incident EERA. Used to locate resources not available on Dispatch Priority List (DPL).

d. If listing a resource that is available for competition, vendors must meet the contract requirements found in the solicitation template.

e. Send the form to your local Contracting Officer (CO); Do NOT send to multiple locations or dispatch centers.

2. REQUIRED REGISTRATIONS FOR CONDUCTING BUSINESS WITH THE GOVERNMENT

a. A valid e-mail address

b. Active SAM registration; this is a FREE registration: https://www.sam.gov/

c. USDA Level 2 eAuthentication account (required if responding to a VIPR solicitation) http://www.fs.fed.us/business/incident/vipr.php

d. NAICS codes as listed in Block 10 of the cover sheet, the Standard Fore 1449. If the NAICS code on the solicitation is not in your SAM registration, you must update your registration to add that NAICS code. Vendors may operate under numerous NAICS codes.

e. Socio-economic status advantage found in Section B and D.6.2. Vendors meeting one or more of the socio-economic statuses can get a 5% price advantage for each status but a maximum 10% price advantage for purposes of DPL ranking.

3. VIPR VENDOR APPLICATION

a. Vendors should register in the VIPR Vendor Application: http://www.fs.fed.us/business/incident/vendorapp.php

b. Company name must match IRS name as listed in SAM.

c. DBA field can be either the Company name as listed with D&B or the DBA name, but must match what is in SAM.

4. A SOLICITATION OVERVIEW

a. Standard Form 1449 and instruction page

b. Sections B & C – Contain an overview of the intent of the solicitation, legal clauses, and contractor liability

c. Section D—Lists contract requirements such as equipment typing, equipment standards, personnel training requirements, PPE, ordering protocols, how equipment is ranked for the DPL, points for advantages, and payment information. This is the meat of the solicitation. Vendors should read this entire section carefully.

d. Exhibits

5. VENDOR FIRE TRAINING D.3.1 and EXHIBITS N and O

a. All water handling vendors are required to attend an annual Fire Refresher training (RT-130). Additional training required for ENGB, Tactical W/T and FFT1 or FFT2. Please provide your employee training files and NWCG certificates; ie., Performance Task books etc. We are well aware fire refresher may not be held until a later date and will accept certificates at time of completion.

b. OPM regulation prohibits the government from providing training to vendors http://www.opm.gov/hrd/lead/pubs/handbook/lrbsa18.asp

c. Vendors should check with their local fire departments and community colleges or search the internet to locate wildland fire training from NWCG Certified Instructors in their respective region.

d. Vendors can be prosecuted for fraud for falsely stating that they and/or their operators meet the required training.

6. US DEPARTMENT OF LABOR (DOL) WAGE DETERMINATION: http://www.dol.gov/compliance/laws/comp-sca.htm

a. Vendors must pay the wages and health and welfare benefits in the WD

b. Listed in Exhibit D in all VIPR solicitations

7. HOW RESPONSES ARE EVALUATED

a. Required registrations must be active

b. Socio-economic status and Labor Surplus Areas (LSA)

c. Past performance D.20 and Exhibit E

d. Price

8. INSPECTIONS/INSPECTION CORRECTION MODS D.4 and D.16

a. Inspections will be performed prior to ranking equipment on DPL.

b. Inspection checklists are at Exhibit M.

c. We’re looking at the week of March 4th -8th at Tucson Fire Academy and the week of March 11th – 15th at the Albuquerque Mob Center for required inspections. Equipment will be weighed both loaded and unloaded. There will be physical weight stations at the inspection sites. DOT inspectors will be conducting Inspections on site. If any modifications were made to vehicles, vendors must have after-market certifications to be legal if GAWR or axle rating modifications have been made post manufacturer weight ratings. Aftermarket Certifications must come from the manufacturer or a mechanical engineer with proper subject matter expertise on manufacturer aftermarket modifications.

9. VIPR EXTERNAL WEBSITE DEMONSTRATION http://www.fs.fed.us/business/incident/vipr.php

a. How to find the DPL

b. How to find a copy of awarded agreements

10. QUESTIONS AND ANSWERS

Q: Can I use my truck as both a water tender and a potable water truck?

A: No. A potable water truck cannot be used for any other purpose but hauling potable water.

Q: I have a question about GVW vs. road weight. Is the Forest Service exempt from legal road requirements?

A: D.2.1.2 says, “No engine or water tender shall exceed the manufacturer’s Gross Vehicle Weight Rating (GVWR) or Gross Axle Weight Rating (GAWR) per axle when the vehicle is fully loaded and equipped. Fillers, spacers, and overflow devices to reduce the overall capacity of the tank shall not be allowed. The vehicle GVWR plate should be on the driver’s side doorpost, driver’s door, or in the glove compartment. If missing or illegible, the Contractor shall provide a GVWR certificate from manufacturer stating front, rear and total GVWR for the incident inspection. Only a written verifiable GVWR from the manufacturer or final stage manufacturer will be accepted or mechanical engineer with credentials or Subject matter expertise on manufacturer (GVWR, GAWR).

Q: What do we do without overflow valves, fillers or baffles?

A: Some vendors have actually refabricated their tanks to meet GVWR when fully loaded. Please contact agency subject matter experts (SME) as fillers are no longer allowed. Free-floating devices i.e. (Baffle Balls or Partitioned tanked system are the requirements.

Q: Is a Class E license acceptable as a CDL for vehicles >25,000 pounds?

A: D.2.2 Transportation says, “Operators of any motor vehicle having a GVWR of 26,001 pounds or greater shall meet all federal and state Commercial Driver’s License (CDL) requirements and other endorsements as required for the state in which operator is licensed.” The Forest Service does not have any exemptions for agricultural vehicles because they may be required to travel on highways.

Q: Is there somewhere for a vendor to test their pump performance before the actual inspection to make sure it will pass?

A: We are not endorsing or promoting any specific company, but according to contract vendors United Fire Equipment in Tucson, Arizona, works with equipment vendors on pump testing. In Albuquerque, New Mexico, Independent fire does this test as well. Interested vendors should Google their numbers and work with them for the specific type of pump performance you’re looking for.

Q: If I have a tractor pulling a tank (a tow behind unit) can it be used as both support tender and potable water if I use separate tanks?

A: Yes. Your tractor could be used for both because under Basis of Award, it says, “A single resource may be awarded under multiple resource categories and/or typing. However, the same Dispatch Center must be selected for the single resource.” So the same VIN would be used for both resource categories but they must be listed at the same dispatch center so when one is dispatched, they know that the other is unavailable.

Q: I had tire and windshield damage to my vehicle, it was documented on a General Message signed by the IC and I was given an E#, but it was turned down by the payment center. Other people got paid for damages; why was mine denied?

A: The IC doesn’t have any authority to obligate the government to pay for something. Your agreement states that you are responsible for loss, damage, or destruction unless it was caused by negligence of a government employee. Read C.8 LOSS, DAMAGE, OR DESTRUCTION. The government may pay for damages for resources from another federal agency or cooperator but not for a contractor.

Q: Well they sent me up a road that was really rough and rocky.

A: Under PRICING AND ESTIMATED QUANTITY it states, “Resources furnished under this agreement may be operated and subjected to extreme environmental and/or strenuous operating conditions which could include but is not limited to unimproved roads, steep, rocky, hilly terrain, dust, heat, and smoky conditions. As a result, by entering into this agreement, the contractor agrees that what is considered wear and tear under this agreement is in excess of what the resource is subjected to under normal operations and is reflected in the rates paid for the resource.”

Q: If no resources are available at a dispatch center, will they call another dispatch center or use an EERA?

A: It depends on the type of resource and date and time needed. Dispatchers will go to another dispatch for engines and water tenders because the requirements are so specific that no Contracting Officer will write an incident-only EERA for them. For other resources, if there is time to look for one at another dispatch center, that is what will usually happen. If not, then an EERA may be written.

Q: There seemed to be a priority towards fire departments last season. Will that continue this year?

A: We may have resources from all sources. The Incident Commanders (ICs) determine what type of resource is needed. Some may be federal resources or some may be primarily for structural protection. We also have reciprocal agreements with other regions, so you could see federal resources from Montana in this region. Our priority is local area resources; i.e., agency etc. but some cases as mentioned agency reciprocal agreements exist; i.e., R-1/R3 agreement where agency base time is covered.

Q: Do mechanics have any liability for equipment they might damage? I had something repaired and the mechanic broke my radiator.

A: Mechanics are dispatched primarily for repairing government resources. However, they may be allowed to repair a contractor’s equipment for expediency if we really need the resource. Liability for damages is between the mechanic and the contractor with the repaired equipment. Mechanics are primarily brought to assist the agency with vehicles. In some cases for fire emergency they may assist the contract vendor but it’s ultimately up to the contractors to ensure their equipment is road-worthy.

Q: How do we get paid for the foam on the CAFS? The table in D.2.1.2.1.1 shows the hourly rate for the pump, but how are we paid for the foam?

A: Contractors are reimbursed for the actual cost of the foam used. Your pumps are metered, and you must have proof of what you paid for the foam.

Q: How does the State get called? Sometimes State resources are used while Best Value are sitting at home.

A: For Forest Service jurisdiction fires Region 3 has a dispatch protocol that says we call federal resources first, then state-owned, then contracted equipment, then cooperators in that order. We cannot ensure that this protocol is followed on other jurisdictions or on multi-juristictional fires.

Q: Sometimes our contracted engines are used as task force leaders or other tasks which we do to improve our value. Can we get paid for these extra duties?

A: Contract engines should not be used as task force leaders or any other tasks that are outside the scope of their agreement. You should not accept those tasks because you will not be paid extra or gain anything on your performance evaluation.

Q: Will there be an opportunity for re-inspection like in the past?

A: We anticipate re-inspections only for minor problems, not for major inspections, which will be determined under the auspices of the agency discretion.

Q: I’m unclear on the weight requirement on water tenders. Is the door sticker insufficient? What else do we need?

A: The sticker is sufficient unless you’ve have after-market changes. Then you will need manufacturer’s or mechanical engineer’s certification or credentialed SME familiar with the manufacture of this equipment.

Q: Will you consider having inspectors go to vendors’ businesses to inspect the resources there? Perhaps you could charge a fee to visit vendors in their shops.

A: We currently have no plans to do that. We have no way of collecting money from vendors and we do not have the resources to send inspectors out to businesses.

Q: During inspections do we have to bring our training certificates and task books again even though we’ve been doing this for many years?

A: Yes, all training qualifications will be thoroughly examined so you must bring proof of training and experience; i.e., NWCG certificates and Position Task Book (PTB).

Q: Is there any way you can make vendors locate their resources near the dispatch center they are listed in?

A: No. There is case precedent that says we can’t limit the dispatch center where a vendor lists his resource. However, if the vendor is too far from the dispatch center he may not be able to meet date and time needed and may miss out on calls. It is to the vendors’ benefit to list their resources where they are actually located.

Q: What happens if the GVWR door sticker has weight that is legal but the state requires a lower weight?

A: It is incumbent upon the vendor to still meet state requirements; there is no exemption. You must be mindful of this in each state as your equipment must meet the bridge weight requirement and be mindful of this. DOT personnel will be on hand for GAWR & GAXR ratings questions as weight scales will be on hand. It would be prudent to discuss with DOT state representatives prior to inspection. In the past in New Mexico they would provide an inspection upon request; check with your state local DOT office for details.

Q: Are Region 3 vendors given priority over other out of area resources?

A: Region 3 will follow the dispatch protocol mentioned earlier for incidents in Forest Service jurisdiction.

Q: What about those contractors using government credit cards and equipment? How can other vendors compete with that?

A: The incident to which you are referring was a tribal resource, not BIA. There are special provisions for contracting with tribes under the Tribal Forest Protection Act.

Q: Why aren’t all resources in ROSS? Specifically mechanics.

A: A group at the National Incident Fire Center (NIFC) looked at what should or should not be in ROSS. They kind of divided resources into services and supplies vs. equipment and decided to list major equipment in ROSS but not services or other items such as toilets or tents. Mechanics are considered services, so they weren’t considered for ROSS. We are looking at listing more VIPR resources in ROSS, though, and have someone working on inputting that now. It’s a huge job to list all of the resources. There are also plans in the works to link VIPR and ROSS, so if we get that interface to work right, VIPR may be able to feed the resource information directly into ROSS.

If vendors have further questions about specific contract requirements, they should submit them to Anne Weiskircher via e-mail aweiskircher@fs.fed.us . Questions may need to be elevated to SMEs or the VIPR team.