RFQ.docx

SECTION B

The intent of this solicitation is to obtain the services described in D.1 Scope of Agreement for Regional fire suppression and all-hazard incidents.

The Blanket Purchase Agreements (BPAs) resulting from this Request for Quote (RFQ) may only be used by USDA Forest Service exclusively.

B.2 PRICING AND ESTIMATED QUANTITY

This solicitation will result in multiple agreements. The dollar limitation for any individual order is $500,000.00. 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.

Proposed rates shall include, but are not limited to, labor (as required), equipment, operating supplies, materials, State and Federal taxes (including workers’ compensation costs), insurance coverage, transportation costs, overhead, and profit, and any costs/fees necessary to ensure equipment/ operators/crews meet(s) the specified standards. As required by the agreement, any costs associated with a contractor provided support truck for fuel, maintenance, and operator transportation;

delivery/setup/takedown, mobilization/demobilization, power generation, and a Contractor’s representative attendance at the operational period briefings should also be included. Contractors shall comply with the 2:1 work/rest ratio as outlined in the Interagency Incident Business Management Handbook (Work/Rest Guidelines). When working an average of more than 16 hours, for the duration of the incident, a Contractor may request to negotiate an equitable adjustment through the Procurement Unit Leader or Contracting Officer. Shifts exceeding 16 hours shall be approved by the Incident Commander.

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.

B.3 BASIS OF AWARD

The Government will award a sufficient number of BPAs anticipated to meet incident resource needs resulting from this solicitation to responsible quoters whose quotes conforming to the solicitation will be advantageous to the Government, price and other factors considered. The number of BPAs awarded will be determined based upon historical usage and other relevant data such as predictive services information, available personnel to administer agreements, etc.

The following factors shall be used to evaluate quotes:

(i) operational acceptability of equipment/resource offered to meet the Government requirement

(ii) price reasonableness

(iii) past performance dependability risk

A quote will be considered operationally acceptable if the offered resource meets the minimum requirements stated in the specifications.

Price reasonableness may be based upon competition, government estimates, commercial pricing, historical data, or any means necessary to assist the Government in such a determination.

Past performance dependability risk will be assessed as high, low, or unknown (high indicating significant probability for poor future performance) based upon customer satisfaction as reflected in evaluations received for the quoter on incidents and other related experience within the past 36 months, compliance with Federal, state, and local laws and regulations, and quoter’s history of reasonable and cooperative behavior. Pursuant to FAR 42.1501 “the contractor’s record of integrity and business ethics, and generally, the contractor’s business-like concern for the interest of the customer” will be a consideration of past performance.

BPAs will be awarded only to quoters with:

(1) reasonably priced resources

(2) operationally acceptable resources

(3) a low or unknown performance risk

The notice of award will be electronically mailed to the vendor’s email address as provided in your quote.

B.4 SUMMARY

The Contractor shall:

1. Submit a quote in response to this solicitation by the time and date identified.

2. Contractors shall register and update information in the System for Award Management (SAM), formerly known as CCR. As a part of their SAM information, they shall complete online Representations and Certifications (formerly known as the Online Representations and Certifications Application or ORCA) within SAM at https://www.sam.gov.

If you are new to Federal sector contracting or need other assistance with regards to placing a quote under this solicitation, contact your local Procurement Technical Assistance Center (PTAC). Locations of PTACs and other valuable information on contracting with the Government may be found at:

http://www.aptac-us.org/.

CONTRACT CLAUSES

C.1 52.212-5 – CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2014)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

___Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

___ (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUNE 2010) (Section 1553 of Pub. L. 111-5)(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) (Pub. L. 109-282)(31 U.S.C. 6101 note).

___ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (JUL 2010) (Pub. L. 111-5).

___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (PUB. L. 111-117, section 743 of Div. C.).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (PUB. L. 111-117, section 743 of Div. C.).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, and section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

_X_ (11) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a). (NOTE: This clause is applicable if the solicitation is set aside for HUBZone Small Businesses.

See Block 10 of the SF-1449 for solicitation set aside action.)

___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

___ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

___ (ii) Alternate I (NOV 2011) of 52.219-6.

___ (iii) Alternate II (NOV 2011) of 52.219-6.

___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644).

___ (ii) Alternate I (OCT 1995) of 52.219-7.

___ (iii) Alternate II (MAR 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)).

___ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUL 2013) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (OCT 2001) of 52.219-9.

___ (iii) Alternate II (OCT 2001) of 52.219-9.

___ (iv) Alternate III (JUL 2010) of 52.219-9.

_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F) (i)).

___ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

___ (ii) Alternate I (JUNE 2003) of 52.219-23.

___ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (JUL 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

___ (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

_X_ (24) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657 f). (NOTE: This clause is applicable if the solicitation is set aside for Service- Disabled Veteran-Owned Small Businesses. See Block 10 of the SF-1449 for solicitation set aside action.)

_X_ (25) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C.

632(a)(2)).

_X_ (26) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013)(15 U.S.C. 637(m)). NOTE: This clause is applicable if the solicitation is set aside for EDWOSB or WOSB. See Block 10 of the SF-1449 for solicitation set aside action.

_X_ (27) 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013)(15 U.S.C. 637(m)). NOTE: This clause is applicable if the solicitation is set aside for EDWOSB or WOSB. See Block 10 of the SF-1449 for solicitation set aside action.

_X_ (28) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755).

_X_ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (NOV 2013) (E.O.

13126).

_X_ (30) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

_X_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (32) 52.222-35, Equal Opportunity for Veterans (SEPT 2010) (38 U.S.C. 4212).

_X_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

_X_ (34) 52.222-37, Employment Reports on Veterans (SEPT 2010) (38 U.S.C. 4212).

_X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

___ (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

___ (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

___ (ii) Alternate I (DEC 2007) of 52.223-16.

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011).

___ (41) 52.225-1, Buy American Act—Supplies (FEB 2009) (41 U.S.C. 10a-10d).

___ (42)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42 and 112-43).

___ (ii) Alternate I (MAR 2012) of 52.225-3.

___ (iii) Alternate II (MAR 2012) of 52.225-3.

___ (iv) Alternate III (NOV 2012) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.

255(f), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

___ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (JUL 2013) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

___ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (NOV 2007) (41 351, et seq.).

___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L.

110-247).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEPT 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (JUL 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L.

110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.223-1 -- Biobased Product Certification (May 2012) As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

52.223-2 -- Affirmative Procurement of Biobased Products Under Service and Construction Contracts (Sep 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov .

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and

(2) Submit this report not later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

C.2 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/ or http://farsite.hill.af.mil/.

52.212-4 Contract Terms and Conditions – Commercial Items (SEP 2013) 52.236-7 Permits and Responsibilities (NOV 1991) 52.245-1 Government Property (APR 2012)

C.2.1 ADDITIONAL INFORMATION REQUIRING VENDOR CERTIFICATION

AGAR 452.209-71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT

STATUS FOR CORPORATE APPLICANTS Alternate 1 (Feb 2012)

(a) This award is subject to the provisions contained in sections 738 and 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No.

112-55, Division A, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739, as amended and/or subsequently enacted.

AGAR 452.209 – 70 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION. (DEVIATION 2012-01)

ALTERNATE 1 (FEB 2012).

Note: this certification needs to be completed and submitted to CO at time of quote submittal (as a condition of award).

(a) Awards made under this solicitation are subject to the provisions contained in sections 738 and 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012 (P.L. No. 112-55), Division A, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.

(b) The Offeror represents that –

(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)

If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.

(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.

(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.

(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

C.3 AGREEMENT AND PERFORMANCE PERIODS

C.3.1 AGREEMENT PERIOD

Estimated date of award is May 12, 2014 . The Agreement period is for three years from the date of award. An annual review will be conducted and at that time, Contractors will be offered an opportunity to adjust their prices. If a revised rate is not submitted during the period set forth by the Contracting Officer, the prices proposed in the original agreement will remain in effect. In addition, the Contracting Officer may allow the Contractor to change their Host Dispatch Center.

Note: allowable equipment changes will not include the addition of new resources and will not result in a change in equipment typing.

It is estimated that the anticipated use period for resources within Region 5 may fall between May 1st and Oct 31st of each year. Potential use outside this area or anticipated use period could occur at any time. Since the resource 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 will furnish the resources listed herein to the extent the Contractor is willing and able at the time of order.

C.3.2 START WORK

The Contractor shall provide availability status to the Geographic Area Coordination Center within 10 days after award of the Agreement.

C.3.3 AGREEMENT CANCELLATION

This Agreement may be discontinued upon 30 days' written notice by either party.

C.4 AUTHORIZED PERSONNEL TO PLACE ORDERS

Dispatchers, Buying Team Members, Finance Section Chiefs, Procurement Unit Leaders and Contracting Officers may place orders against this agreement; but Geographic Area Coordination Center personnel will normally place all orders.

C.5 CLAIM SETTLEMENT AUTHORITY

For the purpose of settling claims, the successor contracting officer is any contracting officer acting within their delegated warrant authority, under the clauses of this agreement, and limits set by the incident agency.

C.6 CHANGES TO AGREEMENTS

Changes to Agreements may only be made by the original signing procurement official or a designated successor contracting officer. If the original signing procurement official or designated successor contracting officer is not available and adjustments are deemed appropriate, an Emergency Equipment Rental Agreement (EERA) shall be executed at the incident and shall be applicable ONLY for the duration of that incident. The EERA must include the name and location of the incident.

C.7 52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY

DAMAGE (APR 1984)

(a) The Contractor assumes responsibility for all damage or injury to persons or property occasioned through the use, maintenance, and operation of the Contractor's vehicles or other equipment by, or the action of, the Contractor or the Contractor's employees and agents.

(b) The Contractor, at the Contractor's expense, shall maintain adequate public liability and property damage insurance during the continuance of this contract, insuring the Contractor against all claims for injury or damage.

(c) The Contractor shall maintain Workers' Compensation and other legally required insurance with respect to the Contractor's own employees and agents.

(d) The Government shall in no event be liable or responsible for damage or injury to any person or property occasioned through the use, maintenance, or operation of any vehicle or other equipment by, or the action of, the Contractor or the Contractor's employees and agents in performing under this contract, and the Government shall be indemnified and saved harmless against claims for damage or injury in such cases.

C.8 LOSS, DAMAGE, OR DESTRUCTION

(a) For equipment furnished under this agreement WITHOUT operator, the Government will assume liability for any loss, damage or destruction of such equipment, except that no reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees or Government employee owned and operated equipment.

(b) For equipment furnished under this agreement WITH operator, the Government shall not be liable for any loss, damage or destruction of such equipment, except for loss, damage or destruction resulting from the negligence, or wrongful act(s) of Government employee(s) while acting within the scope of their employment. The operator is responsible for operating the equipment within its operating limits and responsible for safety of the equipment.

C.9 FIREARM - WEAPON PROHIBITION

The possession of firearms or other dangerous weapons (18 USC 930 (f)(2)) are prohibited at all times while on Government Property and during performance of services, under this agreement. The term dangerous weapon does not include a pocket knife with a blade less than 2 1/2 inches in length or a multi-purpose tool such as a Leatherman.

C.10 HARASSMENT FREE WORKPLACE

Contractors shall abide by "U.S. Code, Title VII, Civil Rights Act of 1964, Executive Order EO-93-05, Secretary's Memorandum 4430-2 Workplace Violence Policy, and Harassment Free Workplace (29 CFR Part 1614)". Regulations can be found at www.gpoaccess.gov/.

D.1 SCOPE OF AGREEMENT

The intent of this solicitation and any resultant Agreement is to obtain Incident Base Units (equipment and services) for use on a regional basis. The Contractor is responsible for all equipment, materials, supplies, transportation, personnel necessary to meet or exceed the Agreement specifications. The Incident Commander or responsible Government Representative is authorized to administer the technical aspects of this agreement.

D.2 EQUIPMENT REQUIREMENTS

D.2.1 INCIDENT BASE UNITS -TYPE 1 shall meet all standards established by specification or incorporated by reference and shall be maintained in good repair by the Contractor.

D.2.1.1 MINIMUM EQUIPMENT REQUIREMENTS

The Contractor shall furnish the following:

D.2.1.1.1 Office Trailers, 10, with adequate air conditioning and heating. Each trailer shall meet the following requirements:

a) 10’wide x 28-35’maximum length with two entry doors (32” wide).

b) Minimum of 5 of the trailers will be divided by a wall with doorway in a 1/3 x 2/3 configuration

c) Desktop work space minimum 28” – 32” high by 24”-30” deep running the length of the trailer on the wall opposite the entry doors

d) 5 office style swivel chairs with rollers per each trailer (Total of 50 chairs)

e) Minimum of 6 phone jacks, 2 per each work station. Phone jacks will be wired to a single standard phone punch block on the outside of the trailer.

f) Steps and landings per each entry way with hand rails at each entry way that meet OSHA standards.

g) Minimum of 64 sq ft of bulletin board type wall space for hanging paper

h) Minimum of two windows, 24” x 24”, all windows will have openable window coverings.

i) Workable awning with a minimum length of 16 feet.

j) Outside light at each entry way (minimum 100 watt or equivalent).

k) No trailer will have head room less than 6 foot 8 inches.

l)1 (one) ADA certified wheelchair lift station capable of being used on any of the trailers.

m) One network switch, to be permanently mounted two feet above the hole in the center wall on either side of each trailer. Switch will have 16 10/100-Base-T ethernet ports with Auto Uplink port. The Netgear FS116 16 port switch is one example that meets these requirements.

n) 1" hole on each end wall of each trailer located in the lower back corner of the end wall 2'' up from the floor with a rubber grommet or similar material to run computer and phone cables.

o) 2 - 1'' holes in the center wall of each trailer. One 2'' off the floor at the back wall and one 2'' down from the ceiling against the back wall with rubber grommets or similar material to run computer and phone cables D.2.1.1.2 Tents - 4 each .Two tents shall be a minimum of 19’ x 35’ with side curtains. Two tents shall be a minimum of 20’ x 20’. Tents shall not a have a center tent pole. Each tent will have a floor (carpet or other suitable flooring material), air conditioning or evaporative coolers, ADA accessible (double doors to meet ADA width requirements and appropriate ramp to meet the door sealer height requirement).

D.2.1.1.3 Generators – Minimum of 2 each min. 75 kw generator, and 1 each min. 25 kw generator sufficient to furnish electricity to trailers and tents. Power cords with accessories will be included. Must meet NEC standards and be of the quiet type (68dB at 50’).

D.2.1.1.4 Electrical hook-ups – All electrical wiring for trailers and tents must be pre-fabricated (plug & play). A licensed electrician’s certification of all wiring must be available at the time of initial inspection. Any rewiring of prefabricated cables at the incident will require certification of a licensed electrician.

D.2.1.1.5 Electrical Raceway – 100 ft of electrical raceway capable of supporting vehicle traffic.

D.2.1.1.6 Area Lighting – Two light towers, plus exterior lighting on each trailer of min. 300 watts and 5 free standing light poles. All light shall bear the UL Laboratories label and shall conform to all OSHA standards. NEC lights cords will be of sufficient size to service all trailers and tents. Light bulbs will be included. Generators for the light towers shall be the quiet” type (68 dB at 50’) D.2.1.1.7 Copy Machine w/paper, Capable of producing min. 150 copies of 25 pages twice per day,collating and stapling legal size paper. Machine must be heavy duty and capable of sustaining this large volume of copying. Paper quantity for copiers - Contractor shall arrive with (1) full case of 8 1/2 x 11 size paper and (5)reams of 11 x 17 size paper. Incident will provide any additional paper as needed.

D.2.1.1.8 FAX Machine, laser type, heavy duty, capable of sustaining large volume of faxing.

D.2.1.1.9 Paper Shredder – Capable of shredding min. 20 sheets legal size paper at a time.

D.2.1.1.10 Hand Washing Unit – Contractor shall furnish a minimum of 10 hand washing sinks with potable hot and cold water. Contractor shall furnish all soap and towels, and have 500-gallons of gray and 200-gallons potable water holding capacity. If bladder bags are used, each bag shall have the size and description stenciled on the bag in letters no less than 4 inches high (for example: “400 GAL POTABLE WATER” or “400 GAL GRAY WATER”). Also required is the ability to maintain hot water (a minimum temperature of 101º F.) and cold water through a mixing faucet that allows for the washing of both hands while the water is running. All potable water equipment must meet national Wildfire coordinating Group (NWCG) potable water standards.

D.2.1.1.11 Refrigerated Truck/Van – 40’ minimum with 2 doors (rear and side access points). Steps with hand rails (OSHA Approved), freezer partition and min. 64 square foot shelving. Refrigerated van is to arrive at the incident cooled, empty and clean.

D.2.1.1.12 Forklift with Operator – Forklift with minimum lifting requirement of 6,000 lbs, and able to pass mechanical inspection. Contractor is required to furnish operators available 24 hours per day. Operators must have completed OSHA approved operators training course, certificates must be available at the incident. Pneumatic tires are required to allow for off pavement use on uneven surfaces (all-terrain).

D.2.1.1.13 Pallet Jack – Standard pallet jack is required.

D.2.1.1.14 Folding Tables – Durable, splinter free with smooth surface. Minimum of 8 feet in length. 20 tables required.

D.2.1.1.15 Folding Chairs – Durable, splinter free folding chairs. 120 each.

D.2.1.1.16 Information Board – 2 Free standing (may be made of ½ inch plywood), two sided, minimum size requirements of board is 4’ x 8’.

D.2.1.1.17 Briefing Area Equipment – Stage, elevated 18” off ground to range of 15" - 20" off ground, 8’deep x 16’ wide surface area made of ½” plywood minimum with backdrop 8’ high x 12’ wide; Backdrop is to be lighted for adequate night time viewing by briefing audience.

D.2.1.1.18 Public Address System – PA system minimum 150 watts, bass and treble controls, 2 free standing speakers, mixer for 2 microphones and 1 remote microphone.

D.2.1.1.19 Telephones – Minimum of 20 handsets, push button type, 10 of which shall be of a speaker phone design.

D.2.1.1.20 Garbage cans – Minimum of 40 garbage cans that are durable, 33 gal minimum. Garbage can liners are required (furnished by the contractor).

D.2.1.1.21 One ADA certified wheelchair lift station capable of being used on any of the trailers.

D.2.1.1.22 Maintenance – All service and maintenance of the Incident Base Unit will be the responsibility of the Contractor.

D.2.2 MINIMUM EQUIPMENT REQUIREMENTS

INCIDENT BASE UNITS -TYPE 2 shall meet all standards established by specification or incorporated by reference and shall be maintained in good repair by the Contractor.

D.2.2.1 MINIMUM EQUIPMENT REQUIREMENTS

The Contractor shall furnish the following:

D.2.2.1.1 Office Trailers, five, with adequate air conditioning and heating. Each trailer shall meet the following requirements:

a) 10’wide x 28-35’maximum length with two entry doors (32” wide).

b) Minimum of two of the trailers will be divided by a wall with doorway in a 1/3 x 2/3 configuration

c) Desktop work space minimum 28” – 32” high by 24”-30” deep running the length of the trailer on the wall opposite the entry doors

d) 5 office style swivel chairs with rollers per trailer (Total 25 each).

e) Minimum of 6 phone jacks, 2 per each work station. Phone jacks will be wired to a single standard phone punch block on the outside of the trailer.

f) Steps and landings one at each entry way, with hand rails at each entry way that meet OSHA standards.

g) Minimum of 64 sq ft of bulletin board type wall space for hanging paper

h) Minimum of two windows, 24” x 24”, all windows will have openable window coverings.

i) Workable awning with a minimum length of 16 feet.

j) Outside light at each entry way (minimum 100 watt or equivalent).

k) No trailer will have head room less than 6 foot 8 inches.

l)1 (one) ADA certified wheelchair lift station capable of being used on any of the trailers.

m) One network switch, to be permanently mounted two feet above the hole in the center wall on either side of each trailer. Switch will have 16 10/100-Base-T Ethernet ports with Auto Uplink port. The Netgear FS116 16 port switch is one example that meets these requirements.

n) 1" hole on each end wall of each trailer located in the lower back corner of the end wall 2'' up from the floor with a rubber grommet or similar material to run computer and phone cables.

o) 2 - 1'' holes in the center wall of each trailer. One 2'' off the floor at the back wall and one 2'' down from the ceiling against the back wall with rubber grommets or similar material to run computer and phone cables D.2.2.1.2 Tents - 2 each .One tent shall be a minimum of 19’ x 35’ with side curtains. One tent shall be a minimum of 20’ x 20’. Tents shall not a have a center tent pole. Each tent will have a floor (carpet or other suitable flooring material), air conditioning or evaporative coolers, ADA accessible (double doors to meet ADA width requirements and appropriate ramp to meet the door sealer height requirement).

D.2.2.1.3 Generators – Minimum of 2 each min. One 75 kw generator and 1 each min. 25 kw generator. (NOTE: generators must be “quiet” type and be sufficient to furnish electricity to trailers and tents. Power cords with accessories will be included. Must meet NEC standards and be of the quiet type (68dB at 50’).

D.2.2.1.4 Electrical hook-ups – All electrical wiring for trailers and tents must be pre-fabricated (plug & play). A licensed electrician’s certification of all wiring must be available at the time of initial inspection. Any rewiring of prefabricated cables at the incident will require certification of a licensed electrician.

D.2.2.1.5 Electrical Raceway – 50 ft. of electrical raceway capable of supporting vehicle traffic.

D.2.2.1.6 Area Lighting – Two light towers, plus exterior lighting on each trailer of min. 300 watts and 5 free standing light poles. All light shall bear the UL Laboratories label and shall conform to all OSHA standards. NEC lights cords will be of sufficient size to service all trailers and tents. Light bulbs will be included. Generators for the light towers shall be the quiet” type (68 dB at 50’) D.2.2.1.7 Copy Machine w/paper, Capable of producing min. 150 copies of 25 pages twice per day, collating and stapling legal size paper. Machine must be heavy duty and capable of sustaining this large volume of copying. Paper quantity for copiers - Contractor shall arrive with (1) full case of 8 1/2 x 11 size paper and (5)reams of 11 x 17 size paper. Incident will provide any additional paper as needed.

D.2.2.1.8 FAX Machine, laser type, heavy duty, capable of sustaining large volume of faxing.

D.2.2.1.9 Paper Shredder – Capable of shredding min. 20 sheets legal size paper at a time.

D.2.2.1.10 Hand Washing Unit – Contractor shall furnish a minimum of 10 hand washing sinks with potable hot and cold water. Contractor shall furnish all soap and towels, and have 500-gallons of gray and 200-gallons potable water holding capacity. If bladder bags are used, each bag shall have the size and description stenciled on the bag in letters no less than 4 inches high (for example: “400 GAL POTABLE WATER” or “400 GAL GRAY WATER”). Also required is the ability to maintain hot water (a minimum temperature of 101º F.) and cold water through a mixing faucet that allows for the washing of both hands while the water is running. All potable water equipment must meet national Wildfire coordinating Group (NWCG) potable water standards.

D.2.2.1.11 Refrigerated Truck/Van – 40’ minimum with 2 doors (rear and side access points). Steps with hand rails (OSHA Approved), freezer partition and min. 64 square foot shelving. Refrigerated van is to arrive at the incident cooled, empty and clean.

D.2.2.1.12 Forklift with Operator – Forklift with minimum lifting requirement of 6,000 lbs., and able to pass mechanical inspection. Contractor is required to furnish operators available 24 hours per day. Operators must have completed OSHA approved operators training course, certificates must be available at the incident. Pneumatic tires are required to allow for off pavement use on uneven surfaces (all-terrain).

D.2.2.1.13 Pallet Jack – Standard pallet jack is required.

D.2.2.1.14 Folding Tables – Durable, splinter free with smooth surface. Minimum of 8 feet in length. 20 tables required.

D.2.2.1.15 Folding Chairs – Durable, splinter free folding chairs. 120 each.

D.2.2.1.16 Information Board – 2 Free standing (may be made of ½ inch plywood), two sided, minimum size requirements of board is 4’ x 8’.

D.2.2.1.17 Briefing Area Equipment – Stage, elevated 18” off ground to range of 15" - 20" off ground, 8’deep x 16’ wide surface area made of ½” plywood minimum with backdrop 8’ high x 12’ wide; Backdrop is to be lighted for adequate night time viewing by briefing audience.

D.2.2.1.18 Public Address System – PA system minimum 150 watts, bass and treble controls, 2 free standing speakers, mixer for 2 microphones and 1 remote microphone.

D.2.2.1.19 Telephones – Minimum of 10 handsets, push button type, 5 of which shall be of a speaker phone design.

D.2.2.1.20 Garbage cans – Minimum of 40 garbage cans that are durable, 33 gal minimum. Garbage can liners are required (furnished by the contractor).

D.2.2.1.21 One ADA certified wheelchair lift station capable of being used on any of the trailers.

D.2.2.1.22 Maintenance – All service and maintenance of the Incident Base Unit will be the responsibility of the Contractor.

D.2.2.1.23 All transportation vehicles shall be in sound mechanical condition with sufficient horsepower and mainframe configurations to ensure successful performance on roads and highways, or in terrain described in these specifications. All vehicles under this Agreement shall be able to be legally driven on highways under their own power and be able to travel at a minimum of 50 miles an hour.

D.2.3 VEHICLE LICENSING REQUIREMENTS

D.2.3.1 All Units offered and used under this Agreement shall be licensed and legally operable on all roads. All Units with a Gross Vehicle Weight Rating (GVWR) of 10,001 pounds and greater shall have: a) annual USDOT certified vehicle inspection; or b) Commercial Vehicle Safety Alliance Inspection. (49 CFR 396.23)

D.2.3.2 Prohibited Marking

Federal regulations prohibit the use of official agency shields or markings on private vehicles or property.

D.3 PERSONNEL REQUIREMENTS

All Contractor personnel shall comply with Exhibit F, Safety Standards. Contractors shall comply with the Fair Labor Standards Act when employing persons under 18 years of age (Ref. 29 CFR 570).

D.3.1 Not Applicable

D.3.2 ENGLISH SPEAKING REQUIREMENT

Communications between Contractor crew personnel and Government incident personnel is mandatory for safe and effective performance. Contractor's representative shall be able to proficiently communicate in English, in the language of the crew, and read and communicate the Incident Action Plan, Safety Alerts, etc. All radio communication on Government-assigned frequencies shall be in English.

D.4 EQUIPMENT RELIABILITY

The Contractor shall provide dependable equipment that meets all applicable state and federal laws relating to motor vehicles and equipment.

The Government reserves the right to conduct inspections at any time.

D.5 AVAILABILITY

The Contractor is responsible for maintaining their current status by informing their Geographic Area Coordination Center (GACC) of their availability, or if available, self-status in the Resource Ordering Status System (ROSS). When contract resources are unavailable, the resources will not be eligible for dispatch under the Agreement.

D.6 ORDERING PROTOCOL FOR RESOURCES

This Agreement does not preclude the Government from using any Agency or Agency Cooperator owned resources before equipment is mobilized under this Agreement.

The Contractor shall restrict calls to the GACC. Dispatchers will not provide information, such as “when or if a Contractor will be called for an assignment” or “status of other contractors.”

D.6.1 ORDERING PROCEDURES FOR RESOURCES

During periods of availability, the incident host dispatch center will place the order up to the GACC. GACC will place the order to the Contractor whose Designated Dispatch Point is closest to the incident as determined by MapQuest, provided that the unit can meet the incident’s needs and required time frames. In the event there is a tie within .5 mile to determine closest resource, the lowest priced daily rate will be the determining factor.

The Forest Service intends to dispatch resources in accordance with this procedure.