AG-84M8-S-13-0001__Commercial_Human_Factors_.pdf

REGION 4 REGIONAL OFFICE AQUISTION INSTRUCTIONAL COVER SHEET

ISSUING OFFICE:

U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

REGION 4 REGIONAL OFFICE ACQUISITION

324 25TH STREET

OGDEN, UT 84401

FAX (801) 625-5365

SOLICITATION NO. AG-84M8-S-13-001

OFFERS ARE SOLICITED FOR: HUMAN FACTOR SPECIALIST TO SUPPORT FOREST SERVICE ACCIDENT &

INCIDENT REVIEW TEAMS

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE

TO THIS SOLICITATION:

1.SF-1449 Request For Proposal (Complete, date, and sign)

2.Section I – Schedule of Items. (Complete Unit Price and Amount)

3.Representations and Certifications. (Complete the Representations and Certifications electronically via the Online Representations and Certifications Application (ORCA) website at http:// sam.gov)

IT IS REQUIRED YOU WRITE THE SOLICITATION NUMBER ON THE OUTSIDE OF YOUR ENVELOPE.

Return to: Region 4, Regional Office AQM 324 25th Street Ogden, UT 84401 Solicitation No. AG-84M8-S-13-0001 Please keep a copy of your quote for your records.

IT IS REQUIRED THAT ALL CONTRACTOR’S BE REGISTERED IN SAM (SYSTEM FOR AWARD

MANAGEMENT) DATABASE PRIOR TO AWARD UNDER THIS SOLICITATION. SEE CLAUSE 52.204-7

CENTRAL CONTRACTOR REGISTRATION FOR DETAILS ON HOW TO APPLY.

ALL SOLICITATIONS SHALL BE ISSUED THROUGH FEDBIZOPS. NO PAPER SOLICITATIONS SHALL BE ISSUED.

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE ISSUED ELECTRONICALLY THROUGH FEDBIZOPS.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE

Offeror to complete blocks 12, 17, 23, 24, & 30 1 of 62

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AG-84M8-S-13-0001 12/06/2012

7. FOR SOLICITATION

a. NAME b. TELEPHONE (No Collect Calls) 8. OFFER DUE DATE/

LOCAL TIME

INFORMATION CALL ⇒ Brian Wharton 801-625-5748 February 7, 2012 1500 Mountain Time

9. ISSUED BY (MAIL OFFERS TO) CODE 10. THIS ACQUISITION IS

UNRESTRICTED SET-ASIDE. 100% FOR

Intermountain Region, Regional Office SMALL BUSINESS EMERGING SMALL BUSINESS

324 25th Street

HUBZONE SMALL BUSINESS

Ogden, Utah 84401 SERVICE-DISABLED VETERAN-QWNED SMALL BUSINESS

8(A)

NAICS: 561611

bwharton@fs.fed.us SIZE STANDARD: $12.5 Million

11. DELIVERY FOR FOB DESTINATION UNESS | 12. DISCOUNT TERMS

BLOCK IS MARKED |

SEE SCHEDULE |

| 13b. RATING 13a. THIS CONTRACT IS A RATED ORDER |_______________________________________________

DPAS (15 CFR 700) | 14. METHOD OF Solicitation

| RFQ IFB RFP

15. DELIVER TO: CODE 16. ADMINISTERED BY CODE

Intermountain Region, Regional Office

Ogden, Utah 84401

Intermountain Region, Regional Office

17a. CONTRACTOR/OFFEROR CAGE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

Intermountain Region, Regional Office

TELEPHONE: TIN: 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER IS CHECKED: SEE ADDENDA

19.

ITEM NO,

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

1 Human Factors Specialist

EA $___________ $__________

SEE SCHEDULE OF ITEMS ATTACHED

TOTAL QUOTE FOR ALL ITEMS. $___________

“FAX QUOTES NOT ACCEPTED”

This requirement is being procured as a fixed-price Simplified Acquisition.

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 and ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 AND ADDENDA ARE ARE NOT ATTACHED.

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ORIGINAL TO ISSUING OFFICE.

CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE

IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN.

29.

AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION (BLOCK 5), DATED

(BLOCK 30c) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (Rev. 3/2005) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT 37. CHECK NUMBER

|PARTIAL | |FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT

NUMBER

39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE RECD (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV.3/2005) BACK

SECTION I--SUPPLIES OR SERVICES AND PRICES

Human Factor Specialist to Support Forest Service Accident & Incident Review Teams USDA – Intermountain Region, Forest Service

I-1 - Pricing and Estimated Quantity

The awarded Blanket Purchase Agreement(s) that are intended as a result of this solicitation will be of an Indefinite Delivery Indefinite Quantity type, with fixed-price hourly rates. Due to the contract type, it is difficult to estimate expected contract quantities for the life of any given order. Many variables determine the severity and length of fire seasons, including weather and local or regional long-term climate trends such as drought or unusually wet periods. These variables cannot be quantified over the long term for the purposes of cost estimation. Since the needs of the Government and availability of Contractor's resources during an emergency cannot be determined in advance, it is mutually agreed that, upon request of the Government, the Contractor shall furnish the resources listed herein to the extent the Contractor is willing and able at the time of order. Due to the sporadic occurrence of Incident activity, the placement of any orders IS NOT GUARANTEED.

I-2 - Schedule of Items

A. This is a Blanket Purchasing Agreement (BPA) for Human Factor Specialist to Support Forest Service Accident & Incident Review Teams

The Vendor’s proposed fixed hourly rates shall include, but are not limited to, labor (including overtime), supervision, equipment, materials, State and Federal taxes (including workman’s compensation costs), insurance coverage, transportation costs, overhead, and profit. Please indicate pricing below.

Year

Hourly Rate

Estimate of Total Work

Hours Per Year Base Year

March 2, 2013 through March 1, 2014

Option Year 1 March 2, 2014, through March 2, 2015

Option Year 2 March 2, 2015 through March 1, 2016

Option Year 3 March 2, 2016 through March 1, 2017

Option Year 4 March 2, 2017 through March 1, 2018

Vendors’ shall submit a quote for the Base Year and all Option Years in the Schedule of Items. Failure to comply with the instructions may render your quote nonresponsive and ineligible for award.

Any supplies and services furnished under this BPA shall be ordered by issuance of BPA Calls by any Intermountain Region C.O. (Contracting Officer), C.O.R. (Contracting Officer Representative).

Orders (offers for work) may be made orally, by facsimile, mail, or by electronic commerce methods by any of the above personnel. Individuals will only be ordered if required at the specific incident and at the rates identified in the Schedule of Items

The designated base of operations will be at the Intermountain Regional Office, Ogden, Utah.

I-3 Travel/Per Diem/Mileage

Should travel be necessary, it shall be approved by the Government in advance. Per Diem and mileage rates shall not exceed those established in the Joint Federal Travel Regulation at the time the BPA Call is awarded.

*Only quotes to the nearest cent will be accepted.

NOTE: The Government intends to make multiple awards with the possibility of a maximum of twelve (12) Human Factor Specialist to Support Forest Service Accident & Incident Review Teams Blanket Purchasing Agreements (BPA).

The Government reserves the right to make multiple awards if, after considering the additional administrative costs, it is in the Government's best interest to do so. Total orders placed under each Blanket Purchase Agreement awarded shall not exceed a $150,000 ceiling for the life of the Agreement. The Government is obligated only to the extent of authorized purchases actually made under this BPA.

SECTION II - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

II-1 – Scope of Agreement

A. The intent of this solicitation and any resultant BPA is to obtain Human Factor Specialist to Support Forest Service Accident & Incident Review Teams.

B. The vendor shall provide her/his own cellular telephone, email account, computer, printer, and other common supplies necessary to perform the assignment efficiently. The Government will provide specialized supplies such as fire shelters, PPE required for access to the fire ground, hearing protection, etc.

The Contractor shall be the legally responsible employer and maintains that relationship during the time its employees are assigned to the Government. The Contractor shall be responsible for payroll deductions and payment of income taxes, social security (FICA), unemployment insurance, workers' compensation, etc., and shall also provide required liability insurance and bonding. The contractor shall provide a Certificate of Insurance stating their limits of liability and bonding provisions. (See FAR clause 52.212-4 Addendum for the full text of FAR 52.228-5 Insurance-Work on a Government Installation.)

The Contractor shall provide the best qualified worker for each position requested and all other services necessary for furnishing workers to the point of hire.

The Contractor is responsible for providing personnel with expertise in the areas stated in this SOW. The Contractor employee must be able to work independently or as part of a team as needed, and must be able to work in close proximity to other employees to forge effective working relationships and interact with interagency and intraagency personnel at all levels. The Contracting Officer may require dismissal of Contractor employees they deem incompetent, insubordinate, or otherwise objectionable, or whose continued employment they deem contrary to the public interest.

Contract employees are required to communicate clearly and accurately, both orally and in writing, to provide and receive information from a variety of contacts, and must be fluent in the English language.

The actual type and number of positions to be staffed under a task order will be described in the task order.

Contractor personnel assigned to a task order will provided direction by the FS personnel with regard to their day-to-day duties under the task order. Contractor personnel assigned to a task order must be available for full-time commitment to the FS during the term of the task order.

II-2 – Independent Contractor

Contractor acknowledges and agrees that it is an independent Contractor to the FS and the Contractor’s personnel, employees, representatives, directors, officers, sub-contractors and agents are not employees of the FS. The FS will not withhold or contribute to Social Security, workers’ compensation, federal or state income tax, unemployment compensation or other employee benefit programs on behalf of Contractor or Contracor personnel. Contractor shall indemnify and hold the FS harmelss agains any and all loss, liability, cost and expense (including attorneys’ fees) incurred by the FS as a result of the FS not withholding or making such payments. Neither Contractor nor any of the Contractor’s personnel are entitled to participate in any of the employee benefit plans of, or otherwise obtain any employee benefits from the FS. The FS has no obligation to make any payments to the Contractor’;s personnel, employees, representatives, directors, officers, sub-contractors and agents.

II-3 – Location and Description

The designated base will be Intermountain Region, Regional Office, Ogden, Utah.

II-4 – Description of Work

A. Background: Following accidents or significant unintended outcome, the Forest Service often chooses to conduct a Facilitated Learning Analysis or a Serious Accident Investigation. These processes are described in the attached guides.

The Safety Staff of the Intermountain Regional Office, U.S. Forest Service has need for human factors experts to participant in accident investigations and to facilitate human performance reviews from time to time. This work involves responding immediately to be physically on scene within 24 hours of accepting an offer for an assignment from the Forest Service and joining a team of accident investigators / incident reviewers. Once assigned, the vendor shall become the team’s human factors specialist and serve as a team member under direct supervision of the designated Team Leader. The vendor shall be required to conduct interviews, participate in team analysis meetings, write a human performance case study of the accident/incident, submit the case study and provide counsel and input into the entire accident / incident report.

The following is a typical assignment under this Blanket Purchase Agreement:

• Travel to meet the Accident / Incident Review Team and function as a full team member under supervision of the Team Leader;

• Conduct onsite and remote interviews, and assist the Team in gathering pertinent accident / incident information;

• Advise the Team on appropriate means to gather information;

• Provide the Team with a documented expert Social Case Study and a Human Performance

Analysis based on information obtained through the Team’s investigation;

• Support, review and critique the Team’s development of report(s);

• Provide written recommendations to Team for resolution to the issues involved.

The vendor shall comply with the privacy provisions of the Facilitated Learning Analysis Guide reference above. All written matter (including electronic) and other materials generated by the vendor during the assignment shall become the property of the Forest Service.

B. Travel. All travel not provided directly by the Government will be reimbursed in accordance with the current Federal Travel Regulations at time of call award. Time spent during actual travel is considered hours worked.

C. Reimbursement of Necessary Items. The Government will reimburse Contractor for items necessary to perform assignments that were purchased by Contractor. Purchase must be pre-approved by the Government by the COR or CO. Examples of this would be purchase of a phone card for use in performance of this contract, overcharges for a hotel stay if the only room available exceeded the FTR’s, etc. Requests for reimbursable expenses are to be made on an invoice, with all supporting documentation attached. Does not include items such as new laptops, cell phones, vehicles, etc..

D. The Government will provide specialized supplies such as fire shelters, PPE required for access to an active wildland fire site, hearing protection, flight helmets, etc. Transfer of property form may be required and all items must be returned.

E. Liability. Notwithstanding that the Government retains responsibility for overall operations; the

Contractor shall use every precaution necessary to prevent damage to public and private property, and to persons, including third parties. The Contractor shall be responsible for all damage to property and to persons, including third parties, which occur as a result of the Contractor, or Contractor's agent or employee's fault or negligence. The term "third parties" is construed to include employees of the Government.

F. The Forest Service is self-insured for loss or damage to Government property. The Forest Service will not hold the Contractor liable for loss or damage to Government Property while the Contractor is acting within the scope of their duties and is not determined to be negligent. The Forest Service retains responsibility for all aspects of the operation except for gross negligent actions of the Contractor.

G. The Contractor may elect to be otherwise insured by a combination of primary and excel policies.

Such policies will not be considered in the evaluation.

H. The Government anticipates approximately 1-5 accident investigations / review per year each requiring 5 to 20 days of work (40 to 160 hours of reimbursable work) for each single assignment.

This is an estimate of use and does not constitute a guarantee.

II-5 - Qualifications of Workers

The Contractor shall maintain a quality control system of providing temporary employees that ensures quality of service. The Contractor shall also maintain a system to track hours worked. The Contractor shall use recruitment, screening, hiring, and matching techniques that are standard in the temporary services industry in order to provide the best qualified temporary employee for the position.

The Contractor shall provide to the Contracting Officer’s Representative (COR) for approval the names, previous evaluations, references, and relevant qualifications of proposed workers. Those who are selected for work shall report to the point of hire at a mutually acceptable time and date, appropriately equipped for the work specified in the request.

II-6 - Provision, Retention, and Replacement of Contractor Personnel

The contractor must assign proposed personnel to the task order for the duration of the task order. No substitution of personnel shall be made except in accordance with this clause.

The Contractor agrees that no personnel substitutions will be made unless necessitated by reasons deemed by the Contracting Officer to be compelling, such as: an individual’s illness, death, termination of employment, or family leave. In such an event, the Contractor shall promptly provide the information required by paragraph (4) below to the Contracting Officer for approval prior to the substitution of personnel.

If the Contractor becomes aware that the personnel assigned to the task order are, or will be, (A) unavailable for work on the contract for a continuous period exceeding 10 working days, or (B) unavailable to provide the level of effort required by the task order, the Contractor shall propose a substitution to such personnel, in accordance with paragraph (4) below.

All proposed personnel substitutions shall be submitted, in writing, to the Contracting Officer at least 5 working days prior to the proposed substitution. Each request shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute and any other information required by the Contracting Officer to approve or disapprove the proposed substitution at his/her sole discretion. All proposed personnel substitutes (no matter when they are proposed during the performance period) shall be capable of performing all services identified in the task order.

The Contracting Officer shall promptly notify the Contractor, in writing, of whether the request for personnel substitution is approved or disapproved.

If the Contracting Officer determines that suitable and timely replacement of personnel who have been reassigned, terminated or have otherwise become unavailable to perform under the task order is not reasonably forthcoming, or that the resultant reduction of productive effort would impair the successful completion of the task order, the task order may be terminated by the Contracting Officer for cause or for the convenience of the Government, as appropriate. The contractor shall be liable for any damages incurred by the Government that result from the Contractor’s failure to provide a timely replacement.

In the event the Government determines, in good faith, that the continued assignment of a Contractor employee to perform any part of the service is not in the best interests of the Government, the Contracting Officer shall give the Contractor written notice to that effect. After receipt of such notice, the Contractor shall have 2 working days in which to investigate the matters stated in such notice, discuss its findings with the Contracting Officer, and resolve any problems with such employee. If, following such period, the Government request replacement of such employee, the Contractor shall remove such employee from the performance of the task order, and shall, within five working days, propose replacement personnel with acceptable experience, training, and qualifications for the position. Failure to promptly propose an acceptable replacement with the qualifications required for the position, or failure to promptly staff the task order with such replacement, is grounds for termination of the task order. Notwithstanding the foregoing, in the event that the Contracting Officer determines there exists a potential for imminent harm to the programs, Government, or Government employees, the Contractor shall remove the employee immediately upon request by the Contracting Officer

Contractor Responsibilities.

The Contractor shall ensure that workers have appropriate basic personal protective equipment, such as serviceable boots with lug soles and 8-inch tops, gloves, and appropriate clothing. Workers dressed or equipped inappropriately will not be permitted to work.

The Contractor shall furnish to the ordering office instructions on what to do in the event of illness or injury of an employee.

All work, supplies and equipment shall conform to the requirements set forth by the Department of Labor, Occupational Safety and Health Administration (OSHA). The Contractor shall take all necessary precautions for the protection of the work and safety of the public.

II-7 Government-Furnished Information

If Government information is provided to the Contractor for the purpose of rendering the services outlined in the Scope of Work and any part thereof shall not be sold, assigned, leased, or otherwise transferred to any third party or commercially exploited by or on behalf of the Contractor, or its employees or agents. Promptly upon completion of the BPA Call the Contractor shall return or destroy all copies of information provided by the Government that are in its possession or under the control of the Contractor or its employees as directed by the Contracting Officer.

II-8. Records Management

As stated in DR 3099-001, Contractors must certify that all Federal records, regardless of media, have been identified and transferred to the appropriate records management liaison or custodian. Attached Form AD- 3001, Documentary Materials Removal/Non-Removal Certification and Non-Disclosure Agreement, shall be completed upon contract completion. The unauthorized removal, concealment, falsification, mutilation, or disposition of official records is prohibited by law and is subject to penalty (18 U.S.C. 2071).

Definition of Federal Records: All books, papers, maps, photographs, machine-readable materials, or other documentary materials, regardless of physical form or characteristics, that are made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business, and that are preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them. (44 U.S.C.3301) Electronic communications such as electronic mail messages are included in this definition.

II-9. Non-Disclosure/Conflict of Interest

The contractor shall not employee any person that would appear to cause a conflict of interest. The Contractor shall require each contractor employee to review and sign the attached Nondisclosure/Conflict of Interest Statement when he/she begins work on this Task Order. The Contractor shall send a copy of said statement to the Contracting Officer.

II-10. Disclosure of Confidential Information

The Contractor agrees to maintain the confidentiality of any information regarding project-related data and artifacts. All personnel assigned to this contract are required to take proper precautions to protect the information from disclosure. Contractor agrees that it will disclose confidential information to employees and subcontractors only as necessary for the performance of this Task Order, and only to the extent necessary to discharge their duties as required by this Task Order. Data may include personally identifiable information (PII), disclosure of which is regulated by the Privacy Act of 1974, PL 93-579, as amended.

II-11. Commitment to Protect Sensitive Information

The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records)

II-12. Privacy

Portions of information disclosed during the performance of any tasks under this acquisition is protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this Contract are required to take proper precautions to protect the information from disclosure.

II-13. Meeting Attendance

All contractor personnel attending meetings or working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials.

II-14. Required Experience and Qualifications

Responsiveness and Timeliness:

Upon acceptance of an assignment the vendor shall be immediately be available and shall travel by personal auto or commercial means necessary to be physically on scene, within 24 hours, at the commercial airport, town or city location designated by the Team Leader. The vendor shall remain physically with the team and on the same work schedule as the accident/incident team, for up to 10 continuous days, beginning from the date of arrival. After the on-scene work is completed the vendor shall be available to perform a minimum of an additional 40 hours of telework (that is, working from any location with adequate telecommunication connectively) over the course of the next 21 days as directed by the team leader.

Physical and Emotional Strength:

An accident/incident team assignment can be physically and mentally arduous. The vendor shall be capable of performing the duties required while working up to 15 hours per day for up to a minimum of 10 continuous days. The vendor shall be capable of walking over arduous rocky, hot, smoky and dusty environments for up to one mile; living in a camp environment and sleeping in a tent and using primitive sanitation facilities.

The vendor shall be capable of performing the duties required while working intimately and professionally with persons that have recently experienced significant tragedy or trauma such as the death of family or close friends.

The vendor shall remain professionally competent after viewing and working with photographs of deceased victims and accident scene materials and will protect this information in accordance with organizational guidance/direction or the direction of the Team Leader.

Licenses, Certificates The vendor shall possess a valid state driver’s license.

Specialized Knowledge and Experience The vendor shall have experience in participating in accident investigations or have published articles or reports providing an understanding of accident investigation theory or practices. The vendor shall have a working knowledge of the Forest Service Serious Accident Investigation Guide and the Serious Accident Investigation process; and/or, the vendor shall have a working knowledge of the Forest Service Facilitated Learning Analysis Guide and Facilitated Learning Analysis process.

The vendor shall have experience as a team member on a Forest Service accident investigation team, Accident Prevention Analysis Team, or Facilitated Learning Analysis Team serving in the capacity of a human performance expert or advisor or the vendor shall possess a Master’s, or greater, degree in one of the following fields of study:

• Organizational Performance

• System Safety

• High Reliability Organizing

• Social Cognition

• Human Factors

• Resilience Engineering

• Sociology/Social psychology

• Human Communication

II-15. Government Furnished Property

The Government will provide the following item(s) of Government property to the Contractor for use in the performance of this contract if required. This property shall be used and maintained by the Contractor in accordance with the provisions of the “Government Property” FAR clause contained elsewhere in the contract.

• Personal Protective Equipment (PPE) for access to the accident site.

• Flight Helmets

• Hearing Protection

II-16. Items Incorporated by Reference

The following documents or references are incorporated into this contract by reference with the same force and effect as if they were provided in full text. Upon request, the Contracting Officer will make them available in full text.

Federal Travel Regulations available at http://www.gsa.gov Facilitated Learning Analysis Guide Serious Accident Investigation Guide FAR Clauses at http://farsite.hill.af.mil/

SECTION III - DELIVERIES OR PERFORMANCE

III-1 Period of Performance

The contract period shall extend for one calendar year from the date of award. However, at the option of the Government, the contract may be renewed for additional one (1) year periods, not to exceed four (4) renewal periods, provided the CO provides notice of intent to renew at least 5 days prior to contract expiration. The renewal will be with the same terms and conditions, subject to the rates offered in the option years.

Offers for services may be requested at any time during the year. .

SECTION IV- CONTRACT ADMINISTRATION DATA

IV- 1 Ordering Procedure

(a) The Contracting Officer or the Contracting Officer’s designated representative(s) may at any time, issue a BPA

Call which is an offer to respond and participate on an accident investigation / review team. Order(s) may be issued by mail, facsimile, electronic commerce, or orally. When an offer is made the vendor may accept or decline the offer. If accepted by the vendor, the offer shall become a Call or “Work Order” and will be considered as being “issued” at the time they are mailed, faxed, transmitted or verbally issued by the Contracting Officer or the CO’s designated representative(s). If more than one method is used to place the order, the date of the earliest provable method will be the date of issue.

(b) Each BPA Call issued by the Government will include the following information to help the vendor decide to accept or decline the offer for hire.

• A description of the incident / accident being investigated or reviewed.

• The location where the team will be working

• A description of the working conditions including if living conditions are expected to be primitive (e.g. Camping / remote) or comfortable (e.g. Hotel and office conditions).

• An estimated number of days of on-scene work required by the vendor.

• The time and date needed for the vendor to be physically on-scene and any allowance for deviation.

(c) When the Government determines there is a need to fill an accident investigation / review team and to utilize this

BPA to make a BPA Call to a vendor - the vendor selection process shall follow a dispatch priority sequence call order. Hereafter referred to as the Dispatch Priority List. This Dispatch Priority List shall work as follows:

a. The Contracting Officers Representative shall make the first offer for hire under this BPA to the vendor with the least cost per hour bid. The least cost vendor shall be highest on the Dispatch Priority List and If that vendor declines the offer, the COR shall then make the same offer to the next vendor on the dispatch priority list with the second least cost per hour bid. This process shall continue until a vendor accepts the offer for hire or until all vendors have declined the offer for hire.

b. If a vendor does not answer his/her contact number when called, the COR may leave a voice mail and give the vendor a reasonable amount of time to respond (generally one hour). If the vendor does not respond with in the reasonable amount of time, this shall be considered a declined offer for hire.

c. If all vendors under this BPA decline the offer for hire, the COR may make adjustments in the offer such as shorting the estimated number of days on scene, or delaying the date needed, etc. and restart the offer for hire process again with the lowest bidder at the top of the dispatch priority list.

d. After each work assignment the Team Leader on that assignment shall evaluate the performance of the vendor (see Contractor Performance Report - form XXXX). If the vendor receives an unsatisfactory rating, the vendor shall be removed from this BPA. If the vendor receives an average of a “Poor” rating or a “Fair” rating, the vendor shall be moved to the bottom of the dispatch priority list regardless of cost per hour. If the vendor receives an average rating of “Outstanding” the vendor shall be moved to the top of the dispatch priority list regardless of cost per hour. If two or more vendors are rated the same, the cost per hour shall be the determining factor and the least cost vendor shall be higher on the Dispatch Priority List.

e. A vendor will not be called with an offer for hire (temporarily removed from the Dispatch Priority List) if that vendor is currently hired on an assignment under this BPA.

Limitations.

(1) Conditions for Government Use

Services under this schedule may be used when one of the following short-term situations exists:

(i) An employee is absent for a temporary period because of a personal need including emergency, accident, illness, parental or family responsibilities, or mandatory jury service.

(ii) An agency must carry out work for a temporary period which cannot be delayed in the judgment of the agency because of a critical need.

(2) Exclusions

These services shall not be used:

(i) In lieu of the regular recruitment and hiring procedures under the civil service laws for permanent appointment in the competitive civil service; or

(ii) To displace a Federal employee.

(iii) To circumvent controls on employment levels.

(iv) In lieu of appointing a surplus or displaced Federal employee as required by 5 CFR part 330, subpart F.

(3) Avoiding Personal Services

Agencies must be careful to avoid entering into a personal services relationship with contract workers. Care must be taken to provide only technical, task-related instructions sufficient to allow the workers to perform their services under the contract, to ensure that no appearance of an employer/employee relationship exists as discussed in FAR Part 37.112.

(4) Inherently Governmental Functions

Discretion must be used to ensure contract workers do not perform duties which are inherently governmental in nature. Guidance in this area can be found in the OFPP Policy Letter 92-1, 9/23/92 found in Appendix 5 to OMB Circular A-76.

(5) BPA Calls

If a BPA Call crosses the period when an option year is exercised, the terms and conditions, including the rate of the BPA at the time the BPA Call was issued, are applicable.

IV-2 Inspection/Acceptance

The contractor's deliverables will be reviewed by the government for acceptability. Unacceptable deliverables will be returned to the Contractor with comments and directions for necessary corrections or rework which may be applicable.

Written material will be reviewed for the following subjective characteristics:

1. The work product submitted shall reflect a good grasp and understanding of the technical issues, thorough knowledge of the subject matter, and analysis of the information and data.

2. All written work products are to consist of high technical quality material based on sound science and good professional judgment.

3. All deliverables shall be grammatically well-written with few typographical errors, and the need for revisions held to a minimum.

IV- 3. Measurements and Payment

Timecards are the responsibility of the Contractor. The Contractor shall develop and use a process that assures the Government that the Contractor actually worked the hours stated and a system that tracks the total number of days worked.

Work will be measured and paid for by the hour worked, beginning at the time workers are requested to report, or physically do report, and ending at the time scheduled, or when released by the Government representative.

If less than the scheduled number of hours per day are necessary and the worker is released, payment will be made for the actual number of hours worked.

A payment hour consists of a full scheduled hour during which work is performed or requested by the Government. Services shall be recorded to the nearest one-quarter hour. It includes travel from the point of hire, if required by the Government. It does not include lunch breaks, unscheduled hours unless worked at the request of the Government, travel required to report to the point of hire, hours worked on wildfire assignments while under hire as a federal employee, or time during which work cannot be performed due to the failure of Contractor-furnished equipment or tools.

The contractor shall submit his/her completed time cards to the team leader. If approved, the Team Leader shall sign the time card as approver and return a copy to the contractor. The contractor shall include copies of the approved (signed) time cards with the applicable invoice.

Contractor shall invoice the Government on a bi-monthly schedule approved by the CO. At a minimum, the invoice shall comply with FAR requirements for Contractor invoices. The Contractor shall provide supporting documentation with each invoice submitted. Supporting documentation includes, but is not limited to, receipts for travel, per diem, and/or training, Incident Resource Orders, etc.

IV- 4 Basis of Payment

Payment will be made for services received. Contractor will be reimbursed for travel expenses at the GSA published per-diem rates in accordance with the Federal Travel Regulations. Contractor shall include all expenses incurred on the invoice for the period in which the costs were incurred, and attach copies of itemized receipts to support the expenses.

Contractor will be paid by the hour for hours worked. Contractor shall include expenses on the invoice, and attach copies of supporting documentation and receipts to support the expenses requested.

Reimbursable items may be invoiced on bi-monthly invoice or separately. Supporting documentation shall be attached to the pertinent invoice. Travel expenses will be paid in accordance with the Federal Travel Regulations.

SECTION V - SPECIAL CONTRACT REQUIREMENTS

V- 1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far/ and the Agriculture Acquisition Regulation may be accessed at www.usda.gov/procurement/policy/agar.html

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

None Identified Here

V- 2 Prework Conference

Prior to commencement of work, the Contracting Officer may arrange a telephone conference with the Contractor to discuss the contract terms and work performance requirements.

http://www.usda.gov/procurement/policy/agar.html

SECTION VI - CONTRACT CLAUSES

FAR 52.212-4 Contract Terms and Conditions - Commercial Items (FEB 2012)

a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include— http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113304 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137572

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

https://www.acquisition.gov/far/current/html/52_232.html#wp1153351 https://www.acquisition.gov/far/current/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179527

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting

Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the…