Attachment 3 Suppression Eradication STS Larvicides Exhibits.pdf

EXHIBITS FOR SOLICITATION

The following is a list of the exhibits.

EXHIBIT # Description # of Pages Page

Numbers

1 Definitions and Acronyms 3 2-4

2 Aircraft Operations 9 5-13

3 Application Aircraft Requirements 3 14-16

4 Observation Aircraft Requirements 3 17-19

5 Avionics Requirements & Specifications 2 20-21

6 Restraint Systems Condition Inspection Guidelines 1 22

7 First Aid Kit (Aeronautical) 1 23

8 Aviation Operations Briefing Certificate 1 24

9 Fuel Servicing Specifications 3 25-27

10 Aircraft Guidance and Tracking Equipment 2 28-29

11 Automated Flight Following 2 30-31

12 Products and Application Procedures 3 34-36

13 Synopsis of Safety Management 3 37-39

14 Department of Labor Wage Determination Information 1 40

EXHIBIT 1 – DEFINITIONS AND ACRONYMS

Aircraft Accident. An occurrence associated with the operation of an aircraft, which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage.

Aircraft Incident. An occurrence other than an accident, associated with the operation of an aircraft, which affects or could affect the safety of operations.

Airspace Conflict. A near mid-air collision, intrusion, or violation of airspace rules.

Alternate Base. A base, other than the designated base, established to permit operation from vicinity of a project area.

Aviation Hazard. Any condition, act, or set of circumstances that exposes an individual to unnecessary risk or harm during aviation operations.

Cargo. Any material thing carried in the aircraft.

Civil Twilight. Begins in the morning and ends in the evening when the center of the sun is geometrically 6 degrees below the horizon.

Contractor. An operator being paid by the Government for services.

Crewmember. A person assigned to perform duty in an aircraft during flight time.

Fatal Injury. Any injury, which results in death within 30-days of the accident.

Federal Aviation Regulations. Rules and regulations contained in Title 14 or the Code of Federal Regulations.

First Aid. Any medical attention that involves no medical bill. If a physician prescribes medical treatment for less than serious injury and makes a charge for this service, that injury becomes "medical attention."

Flight Time. Pilot flight hour computations shall begin at liftoff and end at touchdown.

Forced Landing. A landing necessitated by failure of engines, systems, components, or incapacitation of a crewmember, which makes continued flight impossible, and which may or may not result in damage.

Fully Operated. The Contractor shall furnish the aircraft, pilots, and other personnel, repairs, operating supplies, service capability, and other incidentals necessary to the operation of the aircraft.

General Aviation. That portion of civil aviation that encompasses all facets of aviation except air carriers.

Ground Mishap, Aircraft. An aircraft mishap in which there is no intent to fly; however, the power plants and/or rotors are in operation and damage incurred requiring replacement or repair of rotors, propellers, wheels, tires, wing tips, flaps, etc., or an injury is incurred requiring first aid or medical attention.

Incident-With-Potential. An incident that narrowly misses being an accident and in which the circumstances indicate significant potential for substantial damage or serious injury. Classification of an incident as an "Incident with Potential" is determined by the agency ASM.

Instrument Flight Rules. As defined in Chapter 91 of the Federal Air Regulations of the FAA.

Life-Threatening. A situation or occurrence of a serious nature, developing suddenly and unexpectedly and demanding immediate action to prevent loss of life.

Maintenance Deficiency. An equipment defect or failure which affects or could affect the safety of operations, or that causes an interruption to the services being performed.

Mishap, Aviation. Mishaps include aircraft accidents, incidents-with-potential, aircraft incidents, aviation hazards and aircraft maintenance deficiencies.

Night. The time between the end of evening civil twilight and the beginning of morning civil twilight, as published in the American Air Almanac, converted to local time.

Official Sunset and Sunrise. The times when the upper edge of the disk of the Sun is on the horizon, considered unobstructed relative to the location of interest. Atmospheric conditions are assumed to be average and the location is in a level region on the Earth's surface.

Operational Control. The condition existing when an entity exercises authority over initiating, conducting or terminating a flight.

Operating Agency. An executive agency or any entity thereof using agency aircraft, which it does not own.

Operator. Any person who causes or authorizes the operation of an aircraft, such as the owner, lessee, or bailee of an aircraft.

Passenger. Any person aboard an aircraft who does not perform the function of a flight crewmember or crewmember.

Pilot-In-Command. The pilot responsible for the operation and safety of the aircraft during the time defined as flight time.

Point-to-Point. Aircraft operations between any two geographic locations operationally suitable for take-off and landing (airport-to-airport).

Precautionary Landing. A landing necessitated by apparent impending failure of engines, systems, or components, which makes continued flight inadvisable.

Product: For the purpose of this solicitation product means either Foray 76B or 48B or other acceptable formulation of Btk and Gypchek.

SafeCom. An agency Aviation Safety Communique used to report any condition, observance, act, maintenance problem, or circumstance which has potential to cause an aviation related accident (Form AMD-34 or FS 5700-14).

Serious Injury. Any injury which: (1) requires hospitalization for more than 48-hours, commencing within 7-days from the date the injury was received; (2) results in a fracture of any bone (except simple fractures of fingers, toes or nose); (3) causes severe hemorrhages, nerve, muscle or tendon damage; (4) involves any internal organ; or (5) involves second or third-degree burns, or any burns affecting more than 5% of the body surface.

Special Mission Aircraft. Aircraft approved for other than point-to-point only missions. Transportation is limited to personnel required to carry out the special mission of the aircraft.

Substantial Damage. Any damage or failure which adversely affects the structural strength, performance or flight characteristics of the aircraft, and which would normally require major repair or replacement of the affected component. Engine failure or damage limited to an engine if only one engine fails or rotor or propeller blades, and damage to landing gear, wheels, tires, flaps, engine accessories, brakes, or wing tips are not considered “substantial damage" for the purpose of this part.

Trip. The elapsed time between the time that an aircraft leaves its designated base point and time of return to that point.

Visual Flight Rules. As defined in Chapter 91 of the Federal Air Regulations of the FAA.

AFF Automated Flight Following AC Advisory Circular AGL Above Ground Level A&P Airframe & Powerplant (Mechanic) AD Airworthiness Directive ASM Aviation Safety Manager ASTM American Society for Testing Material ATC Air Traffic Control CAB Civil Aeronautics Board CG Center of Gravity CFR Code of Federal Regulations CO Contracting Officer COR Contracting Officer’s Representative DGPS Differentially Corrected Global Positioning System – Based Aircraft Guidance & Tracking System DOL Department of Labor DOT Department of Transportation ELT Emergency Locator Transmitter EPA Environmental Protection Agency FAA Federal Aviation Administration FAR Federal Aviation Regulations or Federal Acquisition Regulation (as applicable) FS Forest Service FSS Flight Service Station GFP Government Furnished Property GPS Global Positioning System ICAO International Civil Aviation Organization IFR Instrument Flight Rules IP Institute of Petroleum MEL Minimum Equipment List NFPA National Fire Protection Association NTSB National Transportation Safety Board OEM Original Equipment Manufacturer PIC Pilot-in-Command PPE Personal Protection Equipment PPH Pounds per Horsepower SB Safety Bulletin SDS Safety Data Sheets SPCC Spill Prevention, Control & Countermeasures STC Supplemental Type Certificate STS Slow the Spread TBO Time between Overhauls TSO Technical Standard Order USDA United States Department of Agriculture VFR Visual Flight Rules

EXHIBIT 2 – AIRCRAFT OPERATIONS

General

Regardless of any status as a public aircraft operation, the Contractor shall operate in accordance with their approved Federal Aviation Administration (FAA) Operations Specifications and all portions of 14 CFR 91 (including those portions applicable to civil aircraft) and each certification required under this Contract unless otherwise authorized by the Contracting Officer (CO).

A Government representative may inspect the pilot’s Interagency Airplane Pilot Qualification Card for currency before any flight. The Government has mission control and can delay, terminate, or cancel a flight at any time.

Except for take-off, landing, and aerial application, flight below 500-feet AGL is prohibited. During application the aircraft shall maintain a height of 100 to 200 feet above treetops.

Smoking is prohibited within 50-feet of fuel servicing vehicle, fueling equipment, or aircraft.

A prework meeting between the Government, participating state agencies, and the Contractor along with their primary crew members shall be held prior to the start of work and each time a state is entered for the first time. The Contractor’s primary crew members must attend any prework meeting that is scheduled. The meeting may include but is not limited to: (1) review of the contract in detail, (2) operational procedures (dispatch, flight following, hazard/risk assessment and reduction, airspace coordination, incident/accident reporting, etc.) and (3) specific assignments and plan for the project area to be treated.

Pilot Authority and Responsibilities The Pilot-In-Command (PIC) is responsible for the safety of the aircraft, loading and unloading of occupants, cargo and product and for dispersal system checks prior to take-off. The pilot shall comply with the directions of the Government, except when in the pilot's judgment compliance will be a violation of applicable federal or state regulations or contract provisions. The pilot has final authority to determine whether the flight can be accomplished safely and shall refuse any flight or landing which is considered hazardous or unsafe.

The pilot is responsible for computing the weight and balance for all flights and for assuring that the gross weight and center of gravity do not exceed the aircraft's limitations. Pilots shall be responsible for the proper loading and securing of all cargo including pesticides. The pilot must be responsible for ensuring that there are no maintenance discrepancies prior to flight. Any discrepancy must be addressed in accordance with the operator's procedures and this contract.

Pilot will use an approved 14 CFR 135 or 137 cockpit checklist for all flight operations (as applicable).

All engines shall be shut down while loading or unloading passengers and cargo. For propeller-driven aircraft, the propellers shall have ceased rotation. The pilot shall remain at the aircraft controls until the engine is shut down and propellers have ceased rotation.

Equipment shall be located in or on the aircraft in such a manner as to not cause damage or obstruct the operation of equipment or personnel. All cargo shall be properly secured. The pilot shall not permit any passenger in the aircraft or any cargo to be loaded therein unless authorized by the CO or Contracting Officers Representative

(COR).

Passenger Briefing Before each takeoff, the PIC shall ensure that all passengers have been briefed in accordance with the briefing items contained in 14 CFR 135 including (as applicable):

Use of seat belts and/or shoulder harness Ingress/Egress procedures Emergency Locator Transmitter (ELT) Oxygen system First Aid & Survival Kit Personal Protective Equipment Location of Fire Extinguisher

In those instances where short flights are made, the briefing does not need to be repeated unless new passengers come aboard.

Flight Plans Pilots shall file and operate on a FAA, International Civil Aviation Organization (ICAO), or agency flight plan.

Contractor flight plans are not acceptable. Flight plans shall be filed prior to takeoff when possible. Pilots must plan flights so as to land with VFR fuel minimums.

Flight Following Pilots are responsible for flight following with the FAA, ICAO, or in accordance with FS approved flight following procedures. When departure or arrival times will not be met within 30-minutes, the pilots shall notify the appropriate Forest Service dispatch office/coordination center/unit of the delay.

When performing aerial application, pilots are required to flight follow in accordance with the Unit Aviation Management Plan, normally every 15-minutes. When performing point-to-point flights, check-in shall not exceed 1-hour intervals under normal circumstances. Either radio/voice or AFF are acceptable methods of flight following.

Manifesting Prior to any takeoff, the PIC shall provide the COR or designated on site inspector center with current passenger information (observation aircraft) or load information (product and fuel on board).

Fuel Reserve To provide adequate fuel reserve all operations shall comply with 14 CFR 91.

IFR/Night Single-engine aircraft operations shall not be conducted in instrument meteorological conditions or night conditions as defined in 14 CFR with Government personnel on board.

Notwithstanding the FAA definition of night in 14 CFR Part 1; for operational purposes night shall mean: 30-minutes after official sunset to 30-minutes before official sunrise, based on local time of appropriate sunrise/sunset tables nearest to the planned destination.

Pilots flying night missions shall not land at an airport unless it meets FAA lighting standards. Single-engine aircraft flights at night may be authorized by the Forest Service dispatch office/coordination center only for ferry when:

Requested by the pilot.

No occupants other than pilot(s) are aboard.

The flight is conducted in accordance with 14 CFR Part 91 Agency flight and duty limitations are observed.

Fuel Servicing (See Exhibit 9)

Security of Aircraft, Equipment, and Product Any aircraft used under this contract will be physically secured and disabled via a duallock method during off-duty hours. Any combination of two different anti-theft devices designed to lock aircraft flight control surfaces when not in use or designed to secure an aircraft to the ground are acceptable, provided they are appropriate for the aircraft.

Operational environments and personnel safety must be considered when selecting the locking devices and methods to be used.

Removal and/or disabling of locking devices and methods must be incorporated into preflight checklists to prevent accidental damage to the aircraft and must be installed in a manner which precludes their inadvertent interference with in-flight operations. Key control procedures must be used for any lock. The security of aircraft, equipment, and product used under this contract is the responsibility of the Contractor, and must meet the the following minimum security requirements:

Application aircraft must have lock/key access to the aircraft cockpit and product dispersal system and at least two of the following: Using only locking aircraft doors and fenced or gated parking areas are unacceptable methods.

Ignition disabling device - key operated Propeller lock/key Keyed magneto, starter switch, or master power switch Hidden battery cutoff switches or start relay switches Throttle/power or mixture/fuel lever lock Locking fuel cutoff Locking tie down cable Propeller lock, chain lock, or cable lock Locking wheel lock or chock Locking “club” type devices for control yoke

Fuel Servicing Equipment

Lock/key access to fuel storage tanks and/or fuel servicing vehicle

Product Lock/key access to mixing and/or storage tanks Lock/key access to storage facilities Key control/inventory/security/chain-of-custody procedures

Security

The Contractor shall be responsible for the security of the product(s) and sticker from the time it is released from the manufacturer through the time of application. The Contractor must be able to provide documentation disclosing the chain-of-custody for the products upon request of the Contracting Officer at any time during the project. If the integrity of the products has been compromised in any way resulting in a failure to maintain product security, all spray operations will cease until the Contractor can resolve these issues to the satisfaction of the Contracting Officer.

Aviation Operations Briefing Certificate The Contractor shall ensure that each pilot reviews the contract and signs the Forest Service Aviation Operations Briefing Certificate found in Exhibit 8. A current signed certificate shall be in receipt of the CO prior to operating under the contract and annually thereafter. Certificates will be maintained with the pilot approval records.

Accident Prevention and Safety The Contractor shall furnish a copy of all reports required to be submitted to the FAA by the Federal Aviation Regulations (FAR) that relate to pilot and maintenance personnel performance, aircraft airworthiness or operations.

The Contractor will submit an FAA Form 8010-4, Malfunction or Defect Report, or file electronically in the FAA’s Service Difficulty Reporting system any maintenance deficiency identified in 14 CFR Part 21.3(c), 135.415 or as requested by the government for what it considers a significant discrepancy.

Following the occurrence of a mishap, the CO will evaluate whether noncompliance or violation of provisions of the contract, the FAR applicable to the Contractor's operations, company policy, procedures, practices, programs, and/or negligence on the part of the company officers or employees may have caused or contributed to the mishap.

The occurrence of the mishap may constitute default in the performance of the contract. A finding of default under the above cited conditions shall entitle the Government to exercise the right to terminate the contract for cause as provided in the “Contract Terms and Conditions” as stated herein.

The Contractor shall keep and maintain programs necessary to assure safety of ground and flight operations. The development and maintenance of these programs are a material part of the performance of the contract.

Examples of such programs are (1) personnel activities, (2) maintenance, (3) safety, (4) risk management, and (5) compliance with regulations.

When, in the sole judgment of the CO, the safety programs will not adequately promote the safety of operations, the Government may terminate the contract for cause as provided in the “Contract Terms and Conditions” as stated herein. The Contractor shall fully cooperate with the Contracting Officer in the fulfillment of this clause. The Contracting Officer may suspend performance of this contract work, during the evaluation period used to determine cause as stated above.

The Contractor must provide a written submittal in response to Exhibit 14 (Synopsis of Safety Management) as part of the technical proposal and the submittal should consist of implemented practices for their specific company. For purposes of this submittal, the contractor must describe how the specific processes or requirements are implemented within their organization. This submittal will be incorporated and made part of the contract and will be evaluated as described in the solicitation under the heading FAR 52.212-2 Evaluation – Commercial Items (JAN 1999).

The Contractor is required to provide updates that are made to their safety program during the life of the contract to the CO.

Mishaps

Mishap Definitions

As used throughout this contract, the following terms will have the meanings set forth in Exhibit 1

• Airspace Conflict

• Aviation Hazard

• Incident with Potential

• Maintenance Deficiency

• SafeCom

The following terms are as defined in 49 CFR Part 830:

• Aircraft Accident

• Fatal Injury

• Incident

• Operator

• Serious Injury

• Substantial Damage

Reporting The Contractor shall immediately and by the most expeditious means available, notify the National Transportation Safety Board (NTSB) and the FS (agency ASM) when an "Aircraft Accident" or NTSB reportable "Incident" occurs within any company operations, whether under the Contract or not. Also, the FS shall immediately be notified when an "Incident-with-Potential" occurs.

The toll free 24-hour Interagency Aircraft Accident Reporting Hot Line number is:

1-888-4MISHAP (1-888-464-7427)

The ASM may be contacted during normal work hours by calling (208) 387-5607

Following a mishap, the CO will evaluate whether the Contractor was in compliance with contract provisions or with the FAR applicable to the Contractor's operations, company policy, procedures, practices, or programs, or whether there was negligence on the part of the company officers or employees that may have caused or contributed to the mishap. The Contractor must fully cooperate with the CO during this evaluation.

Forms Submission Following an "Aircraft Accident" or when requested by the NTSB following the notification of a reportable "incident," the Contractor shall provide the FS with the information necessary to complete a NTSB Form 6120.1/2 “Pilot/Operator Aircraft Accident Report”.

The Contractor must submit a "SafeCom" to the agency ASM within 5 days upon the occurrence of any condition, observance, act, maintenance problem, or circumstance which has potential to cause an aviation-related mishap.

Submission via the internet at http://www.safecom.gov is preferred. Blank SafeComs and assistance in submitting SafeComs can be obtained from FS. The submission of an NTSB Form 6120.1/2 does not replace the Contractor's responsibility to submit a “Safecom”.

Wreckage Preservation The Contractor shall not permit removal or alteration of the aircraft, aircraft equipment, or records following an "Aircraft Accident”, “Incident”, or "Incident-with-Potential" which results in any damage to the aircraft or injury to personnel until authorized to do so by the CO. Exceptions are when threat-to-life or property exists; the aircraft is blocking an airport runway, etc. The CO shall be immediately notified when such actions take place. The NTSB's release of the wreckage does not constitute a release by the CO, who shall maintain control of the wreckage and related equipment until all investigations are complete.

Investigation The Contractor shall maintain an accurate record of all aircraft accidents, incidents, aviation hazards and injuries to Contractor or Government personnel arising in the course of performance under this Contract. Further, the Contractor fully agrees to cooperate with the FS during an investigation and make available personnel, personnel records, aircraft records, and any equipment, damaged or undamaged, deemed necessary by the FS. Following a mishap, the Contractor shall ensure that personnel (pilot, mechanics, etc.) associated with the aircraft shall be readily available to the mishap investigation team.

Related Costs The NTSB, FS shall determine their individual agency investigation cost responsibility. The Contractor will be fully responsible for any cost associated with the reassembly, approval for return-to-Contract availability, and return transportation of any items disassembled by the FS.

Search, Rescue, and Salvage The cost of search, rescue and salvage operations made necessary due to causes other than negligent acts of a Government employee shall be the responsibility of the Contractor.

Security of Aircraft, Equipment, and Product The security of aircraft, equipment, and product involved in a mishap is the responsibility of the Contractor.

Personal Protective Equipment (PPE) The following personal safety equipment shall be furnished by the Contractor, be operable, and maintained in good repair.

• Pesticides - Any personnel handling or loading the product shall follow the recommendations on the pesticide label for PPE.

• Application airplane pilots shall possess and use the following items of PPE, which will be available for inspection for suitability and condition at the time of carding.

o An aviator's protective helmet for the pilot equipped with a boom-microphone and earphones comparable with the radio specifications listed in the contract. The helmet shall be equipped with a chin strap and shall be individually fitted to cover the head and provide protection for ears, temples, and back of the head. The helmet shall be worn by the pilot during all flights. The flight helmet must provide full cranial impact protection and retention devices that retain the helmet in place on the wearer's head during rapid acceleration, deceleration and impact.

o Long-sleeved shirt and trousers or a long-sleeved flight suit made of fire-resistant polyamide or aramid material or equal; leather boots; and leather or polyamide or aramid gloves. The shirt, trousers, boots and gloves shall overlap to prevent exposure to flash burns. A properly-sized flight suit will cover the maximum amount of skin area; including sleeves long enough to reach the first knuckle of the thumb before securing snugly over the flight gloves at the wrist. The legs should reach the floor while standing and before securing over the leather boot at the ankle and not ride up over the boot while seated. The slide fastener front closure shall provide coverage high on the neck. The flight glove shall have a long cuff extending several inches above the wrist to provide total coverage of the wrist area when the flight suit is worn. The foot gear must be made of all leather uppers that come above the http://www.safecom.gov/ ankles and shall be constructed so that metal parts, shoestring eyes or zippers, are protected by leather from contact with the wearer's ankles.

• Personal Flotation Device (All Aircraft) - A personal flotation device required by 14 CFR 91 shall be worn by each individual on board the aircraft when conducting operations beyond power-off gliding distance to shore. Automatic inflation (water activated) personal flotation devices shall not be allowed.

Contractor’s Environmental Responsibilities The Contractor is responsible to ensure that all maintenance, fueling, pesticide loading, and flight activities do not cause environmental damage to property or facilities. The Contractor is responsible to clean and rehabilitate areas adversely affected by Contractor activities and shall, whenever practical and possible, utilize solvents and cleaning agents that are either biodegradable or consistent with acceptable safety, health and environmental concern practices.

The Contractor is responsible for all clean-up of fuel, oil, and pesticide contamination on airport ramps, pesticide loading sites, parking areas, landing areas, etc., when caused by Contractor aircraft or personnel. Oil, solvents, parts, engines, etc. shall be stored and utilized in a manner consistent with acceptable safety, health and environmental concerns.

Personnel

Pilot Approvals and Qualifications Forest Service pilot inspectors are responsible for ensuring Contractor pilots meet the experience and qualification requirements of the Forest Service. Only pilots that qualify shall be issued pilot approval cards indicating the missions for which approved. The Airplane Pilot Qualification Card shall be presented to Forest Service personnel, if requested. All pilots and Co-Pilots shall, at the discretion of the Government, be required to have a “background investigation.”

Each PIC shall, at the discretion of the Government, pass an agency flight evaluation check. The flight check will be in an aircraft supplied by the Contractor at no expense to the Government. The satisfactory completion of the evaluation flight will not substitute for any of the total flight hour requirements listed in this contract.

Operators should complete all appropriate portions of the Airplane Pilot Qualifications and Approval Record (Form FS-5700-20) prior to Forest Service approval and inspection. Pilot carding shall be in accordance with FS regional policy.

Observation Airplane (Special Mission Approval) Pilots to be carded for observation only are not required to take an FS flight check. The Airplane Pilot Qualification Card will be issued on the basis of FAR 135 certification and compliance with FS flight experience requirements.

The Contractor shall submit the following documentation on each offered pilot:

• A summary of flight hours to document they meet the minimum requirements as specified in the table under Pilot-in-Command Requirements below.

• Completed Aviation Operations Briefing Certificate (See Exhibit 8)

Application Airplane (Special Mission Approval) If the aircraft is equipped with dual controls, a Forest Service Inspector Pilot may conduct a flight check in the aircraft. Subsequent flight checks are at the discretion of the Government. The flight check shall be conducted in typical terrain and include maneuvers such as slow flight, mountain-flying techniques, and engine failure procedures.

The Contractor shall submit the following documentation on each offered pilot:

• A summary of flight hours to document they meet the minimum requirements as specified in the table under Pilot-in-Command Requirements below.

• Completed Aviation Operations Briefing Certificates (See Exhibit 8)

Pilot-in-Command Requirements Application and Observation PIC must be airplane instrument rated. The PIC shall have at least a FAA commercial pilot certificate with appropriate category, class, and type rating if required. All pilots must be qualified in accordance with the applicable regulations for the services they are performing. Check 14 CFR Parts 91, 135, or 137, as applicable. Pilots shall hold at least a current Second-Class Medical Certificate issued under provisions of 14 CFR Part 67.

Pilots shall show evidence of satisfactorily passing all required FAA flight checks in accordance with provisions of 14 CFR Part 135 or Part 137, as applicable. All pilots shall meet the currency requirements of 14 CFR 61.57. Pilot flying hours shall be verified from certified pilot records. Further verification of flying hours may be required at the discretion of the Contracting Officer.

Application pilot must possess a valid pesticide application certification for aerial application in the states where treatments are scheduled to occur.

The pilot-in-command shall have logged the following minimum flight hours in airplanes:

Experience Hours

Total Pilot-Time 1,500 Total Pilot-in-Command (Airplane) 1,200 Category and Class (to be flown) 200 Airplane (preceding 12-months) 100 Cross Country 500 Experience in Aerial Application (application pilot) 500 Aerial Application Operations in Typical Terrain 200

(application pilot only) Night 100 Make and Model 25 Make and Class 10 (preceding 60-days or pass a proficiency flight check)

Experience (Multi-engine) Hours

Pilot-in-Command 250

PIC in Type (within the past 5-years unrestricted Type Rating in the applicable airplane(s) to be flown) 25

Note: Typical terrain means pilot-in-command experience on flights in areas with forest cover, similar topography, density altitude, or hazards presented by the mission environment.

Co-pilot Requirements Missions requiring a co-pilot shall meet the 14 CFR 135 or 137 requirements, as applicable.

Conduct and Replacement of Personnel Performance of Contract services may involve work and/or residence on Federal property (e.g., National Forests and National Parks, etc.). Contractor employees are expected to follow the rules of conduct established by the manager of such facilities that apply to all Government or non-Government personnel working or residing on such facilities. The Contractor may be required to replace employees who are found to be in noncompliance with Government facility rules of conduct.

Personnel, who perform ineffectively, refuse to cooperate in the fulfillment of the Contract objectives, are unable or unwilling to adapt to field living conditions, or whose general performance is unsatisfactory or otherwise disruptive may be required to be replaced.

The CO shall notify the Contractor of specifics of the unsatisfactory conduct and/or performance by the Contractor's personnel. The determination of unacceptability is at the sole discretion of the CO. When directed by the CO, the Contractor shall replace unacceptable personnel.

Suspension and Revocation of Personnel The CO may suspend a contractor pilot, mechanic, or fuel servicing vehicle driver who fails to follow safe operating practices, does ineffective work, or exhibits conduct detrimental to the purpose for which contracted, or is under suspension or revocation by another government agency.

Upon involvement in an Aircraft Accident or NTSB Reportable Incident (see 49 CFR Part 830), a pilot operating under this contract shall be suspended from performing pilot duties under this contract and any other activity authorized under the interagency pilot qualification card(s) issued to the pilot pending the investigation outcome.

Upon involvement in an Incident-with-Potential as defined under mishaps, a pilot operating under this contract may be suspended from performing pilot duties under this contract and any other activity authorized under the interagency pilot qualification card(s) issued to the pilot pending the incident investigation outcome.

When a pilot/mechanic is suspended, and when requested, the interagency pilot/mechanic qualification card(s) shall be surrendered to the CO. Suspension will continue until:

• The investigation findings and decision indicate no further suspension is required and the interagency pilot/mechanic qualification card(s) is returned to the pilot/mechanic; or

• Revocation action to cancel the interagency pilot/mechanic authorization(s) is taken by the issuing agency in accordance with agency procedures.

Substitution or Replacement of Personnel, Aircraft, and Equipment The Contractor may substitute aircraft and pilots, after receipt of written approval by the CO. All substitute aircraft and pilots must meet the minimum specifications required for non-substitutes. Substitute pilots must be equally or better qualified than the original pilot as documented in the Offerors proposal. Substitute aircraft shall be furnished at the same flight hour rate as the aircraft replaced and may be used to the extent of its capabilities. Request for substitution shall be made at least 10 (ten) days prior to the proposed exchange, except for unforeseen conditions.

When pilots are exchanged or replaced, training and familiarization costs, including any required flight time up to 3 (three) hours, shall be accomplished at the Contractor’s expense. The CO will determine the necessary amount of flight time up to 3 hours. This is not intended to affect cross shifting of Pilots that are familiar with the operating area or to affect approved relief pilots.

Duty and Flight Limitations

Duty Limitations Assigned duty of any kind must not exceed 14 hours in any 24-hour period. “Duty” includes flight time, ground duty of any kind, and standby. Local travel up to a maximum of 30 minutes each way between the worksite and place of lodging will not be considered duty time. Flight crewmembers will be subject to the following duty hour limitations:

• A maximum of 14 consecutive duty hours during any assigned duty period.

• The pilot must be given 2 calendar days of rest (off duty) within any 14 consecutive calendar days.

• The pilot must be given a minimum of 10 consecutive hours of rest (off duty) prior to any assigned duty period.

• The above limits notwithstanding, pilots are expected to notify the COR if they become fatigued prior to reaching the duty day limit.

Flight Limitations Each crewmember must report all flight time, regardless of how or where performed, except personal pleasure flying. Crewmembers and relief crewmembers reporting for duty may be required to furnish a record of all duty and/or flight time during the previous 14 days. This record will be used to administer flight and duty time limitations.

Flight time to and from a duty station as a flight crewmember (commuting) will be reported and counted toward limitations. Flight time includes but is not limited to military flight time, charter, flight instruction, 14 CFR Part 61.56 flight review, flight examinations by FAA designees, any flight time for which a flight crewmember is compensated, or any other flight time of a commercial nature whether compensated or not.

Flight crewmembers will be limited to the following flight hour limitations, which must fall within their duty hour limitations:

• A maximum of 8 hours flight time during any assigned duty period. Pilot flight hour computations shall begin at lift-off and end at touchdown.

• A maximum of 42 hours flight time during any consecutive 6-day period. When a pilot acquires 36 or more flight hours in a consecutive 6-day period, the pilot will be given the following 1 calendar day off duty for rest, after which a new 6-day cycle will begin.

Flights point-to-point (airport to airport, etc.) with a pilot and co-pilot shall be limited to 10-flight hours per day. (An aircraft that departs from “Airport A,” and flies reconnaissance on a treatment block and then flies to “Airport B”, is not point-to-point).

The Contractor must monitor and remove any personnel for fatigue or other causes before they reach their daily duty or flight limitations.

When pilots function as a mechanic, mechanic duties in excess of 2-hours will apply as flight hours on a one-to-one basis toward flight hour limitations.

Relief, additional, or substitute pilots reporting for duty under this Contract shall furnish a record of all duty and all flight hours during the previous 14-days.

Mechanics Within any 24-hour period, personnel shall have a minimum of 8 consecutive hours off duty immediately prior to the beginning of any duty day. Local travel up to a maximum of 30-minutes each way between the work site and place of lodging will not be considered duty time. When one way travel exceeds 30 minutes, the total travel time shall be considered as part of the duty day.

Mechanics will have 2 full calendar days off duty during any 14-day period. Duty includes standby, work, or alert status at any location. The mechanic shall be responsible to keep the Government apprised of their ground duty limitation status.

Mechanics may be removed from duty for fatigue or other causes created by unusually strenuous or severe duty before reaching duty limitations.

Relief or substitute mechanics reporting for duty under this contract may be required to furnish a record of all duty time during the previous 14-days.

When the mechanic serves as the fuel servicing vehicle driver, the more stringent of the duty limitations apply.

Fuel Servicing Vehicle Drivers It is the Contractors’ responsibility to ensure that employees comply with Department of Transportation (DOT) Safety Regulation 49 CFR Part 390-399, including duty limitations. The fuel servicing vehicle driver will be responsible to keep the Government apprised of their ground duty limitation status.

Fuel servicing vehicle drivers may be removed from duty for fatigue or other causes created by unusually strenuous or severe duty before reaching duty limitations.

Notwithstanding DOT Safety Regulation 49 CFR Part 390-399, the fuel servicing vehicle driver shall have a minimum of two (2) full calendar days off duty during any 14-day period. Off duty days need not be consecutive.

Any substitute drivers reporting for duty under any contract may be required to furnish a record of all DOT duty time during the previous 14 days.

EXHIBIT 3 – APPLICATION AIRCRAFT REQUIREMENTS

General

This exhibit describes specific requirements for aerial application aircraft utilized under this contract. The Contractor and aircraft shall be currently certificated under 14 CFR Part 137 (Agricultural Aircraft Operations).

The Contractor shall have established a comprehensive inspection program based on the aerial application mission. As a minimum, the program will include the following:

(1) The aircraft shall have been FAA Type Certificated Restricted Category and meet the requirements of FAR

21.25 (b) (1) for agricultural spraying, dusting, and seeding.

(2) Manufacturer support and FAA Standards for Maintenance - The Contractor shall obtain documentation of Original Equipment Manufacturer (OEM) support for maintenance and engineering support of the original aircraft while under contract to the US Forest Service as an aerial application aircraft.

(3) The aircraft shall have OEM approved maintenance and inspection program and or Instructions for Continued Airworthiness (ICAs) for the aerial application mission and the aircraft shall be in full compliance with all inspections, inspection compliance intervals and structural component life limits derived from those evaluations. The aircraft shall have complete records for airframe, engines and components certifying compliance with maintenance and all applicable 14 CFR requirements, manufacturer’s Safety Bulletins that are a safety of flight item or identified by an FAA Airworthiness Directive. Each mandatory component retirement, replacement or overhaul time shall be incorporated and adhered to as specified by the OEM or FAA-approved extension.

Mission of Application Aircraft

The mission of the application aircraft requires low level flight over both rural and urban areas in forested regions of flat to steep mountainous terrain while dispensing product. Low level flight is defined as 100-200 feet above treetops, which is in the tower and wire environment. Avoiding accidents and minimizing the risk of a pilot injury or fatality in the event of a forced landing or accident is paramount. Excellent visibility from the cockpit is required to

(1) avoid aerial hazards such as power lines and (2) ensure accurate application over small wood lots while avoiding application over open water and crop fields as required by the product label. The mission also requires exceptional maneuverability in the aircraft (1) to facilitate efficient turns after each application pass and (2) to avoid aerial hazards. Constant control input is necessary to counter moderate to severe turbulence and must be light enough to not exacerbate pilot fatigue. Cockpit environmental controls that nullify the fatiguing effects of flying in 80-to-90-degree days are an advantage.

Basic Application Aircraft Requirements

All aerial application aircraft furnished under this contract shall meet or exceed the following requirements:

• Turbine engine powered

• Enclosed cockpit

Aircraft shall be maintained in accordance with all applicable mandatory manufacturer's service bulletins, alert service bulletins, and safety of flight bulletins as required by FAA Operations Specifications; FAA Airworthiness Directives (AD); and the correction of maintenance deficiencies shall be accomplished prior to delivery and continue during agreement period of performance.

All required documents needed to verify the data in Section II of Form FS-5700-21; Airplane Data Record (including airframe logs, engine logs, compliance with mandatory manufacturer’s bulletins, FAA AD compliance, etc.) shall be made available to Forest Service inspector(s). Unless authorized by an approved Minimum Equipment List (MEL), aircraft shall not be approved or used if any accessory or instrument listed on the aircraft type certificate data sheet is inoperative. Aircraft shall not be approved if any engine, component, or propeller time in service exceeds the manufacturers recommended time between overhaul or FAA-approved extension. All inspection times and intervals shall comply with Section D of the Contractor’s Operations Specifications.

Condition of Equipment

Contractor-furnished aircraft and equipment shall be operable, free of damage, and in good repair. All dispersal systems must be cleaned of foreign material prior to the start of the project. Aircraft systems and components shall be free of leaks except within limitations specified by the manufacturer.

All windows and windshields must be clean and free of scratches, cracks, crazing, distortion, or repairs, which hinder visibility. Repairs such as safety wire lacing and stop drilling of cracks are not acceptable permanent repairs. Prior to acceptance, all temporarily repaired windows and windshields shall have permanent repairs completed or shall be replaced.

The interior of the application aircraft shall be clean and neat. There shall be no unrepaired tears, rips, cracks, or other damage to the interior. The exterior finish, including the paint, shall be clean, neat, and in good condition.

Any corrosion shall be within manufacturer or FAA acceptable limits.

Additional Equipment Requirements

• Fire extinguisher(s). As required by 14 CFR 137 shall be a hand-held bottle with a minimum 2-B:C rating, mounted and accessible to the flight crew.

• A flight meter or recording tachometer displaying actual flight time in hours and tenths

• A variety of avionics (see Exhibit 5)

• First aid kit (See Exhibit 7)

• DGPS navigation system (see Exhibit 10)

• Automated flight following equipment (AFF, see Exhibit 11)

• Product dispersal system (see Exhibit 12)

Restraint Systems

Aircraft must be equipped, as a minimum, to the FAA certification standards for the specific aircraft. Restraint systems must be FAA approved and meet the installation guidance referenced in FAA Advisory Circular (AC 21- 34), or its current revision. All installations must secure mechanism. All occupant seats must have a lap belt as a minimum (two-point system). Front seat occupants must have a lap belt and shoulder harness flight crewmember’s station or any seat located alongside such a seat. Lap belt and shoulder harness installations must not restrict crewmembers for performing their duties. Shoulder harnesses utilizing a sewn loop allowing the seat belt to slide through, as a means of exit, are not approved for FS use (See Exhibit 6).

Maintenance

Aircraft shall be operated and maintained in accordance with 14 CFR requirements and manufacturers’ recommendations. Special equipment and/or modification of the aircraft to meet requirements of this contract shall be inspected, repaired, and altered in accordance with 14 CFR requirements and manufacturer's recommendations or engineered data and, if required, be FAA approved. All "time change" components, including engines, shall be replaced upon reaching the factory recommended time or FAA approved extension if applicable. Aircraft operated with components and accessories on approved TBO extension programs are acceptable, provided the Contractor who provides the aircraft is the holder of the approved extension authorization (not the owner if the aircraft is leased), and shall operate in accordance with the extension.

Compliance with mandatory manufacturers’ bulletins, FAA ADs, and the correction of maintenance deficiencies shall be accomplished prior to the start and during the period of Contract performance. Prior to the initial inspection, all maintenance deficiencies must be corrected or deferred per MEL in accordance with 14 CFR Part 91.213.

Equipment required by this procurement may not be deferred. Deferred discrepancies must be evaluated and the aircraft approved for use on a case-by-case basis. Those deficiencies occurring during performance must be corrected in accordance with appropriate Federal Aviation Regulations or operator’s approved maintenance manual.

The Contractor shall be capable of providing field maintenance support to each aircraft for extended periods during heavy use. Mechanics assigned to work on aircraft shall have appropriate FAA certification(s) and ratings or shall at all times be working in the presence of one so certified and rated. A certificated mechanic, other than the PIC of that aircraft, performs scheduled inspections.

A copy of the current maintenance record required by 14 CFR 91 shall be kept with the aircraft. Maintenance of aircraft records shall be in accordance with the FAA-AC No. 43-9C as revised.

The Contractor shall immediately notify the CO of any change of an engine, rotor, propeller, flight control, or major airframe component and circumstances inducing the change.

All inspection times and intervals shall comply with the Contractor's FAA Approved Maintenance Program.

Weight and Balance The aircraft will be weighed in contract configuration within 90 days of the contract start date and following any major repair or major alteration or change to the equipment list which significantly affects the center of gravity of the aircraft.

The aircraft’s required weight and balance data shall be determined by actual weighing of the aircraft every 36 calendar months for multi-engine aircraft. Mission Use Only single engine aircraft shall be weighed within the previous five (5) years. Data shall include an accurate and updated equipment list. All weighing of aircraft shall be performed on scales that have been certified. The certifying agency may be any accredited weights and measures laboratory.

The Contractor must compile a list of equipment installed in the aircraft at the time of weighing. Each page of the equipment list must identify the specific aircraft by its serial and registration numbers and must be dated to indicate the last date of weighing or computation. Items which may be easily removed or installed for aircraft configuration changes (seats, doors, radios and special mission equipment, etc.) must also be listed including the name, the weight and arm of each item.