Eastern Attack Helicopter SOW.pdf

STATEMENT OF WORK

Department of Conservation & Natural Resources Bureau of Forestry Division of Forest Fire Protection

INITIAL ATTACK HELICOPTER

Eastern Pennsylvania Penn Forest Fire Station Jim Thorpe, Pa

SECTION 1 SCOPE OF WORK:

GENERAL – To provide the Department with one (1) properly FAA certificated and inspected rotary-wing aircraft equipped with helicopter firefighting bucket, sling, shackles, cargo hook, service truck, other necessary appliances and equipment, and with properly FAA certificated and qualified pilots, for the prompt aerial delivery and cascading of water on wildfires, and to provide support for wildfire control personnel in the suppression of wildfires with the least possible loss of time. In addition, the aircraft may be utilized in related functions should conditions require such activities.

This contract requires the availability of the aircraft of the type described herein, twenty-four (24) hours a day during the Guaranteed Period and for any additional service, before or after the guaranteed period, that is requested by the Department and agreed to by the Contractor. All flight operations will be conducted under Visual Flight Rules (VFR) in accordance with Parts 91 of the Federal Aviation Regulations (FARs). All drops will be completed after sunrise and before sunset. Pilots must meet all FAA requirements to conduct FAR part 133 operations. Contractor must have 14 CFR Part 133 "Rotorcraft External Load Operations" certificate which authorizes Class B loads at a minimum and continue to hold certification throughout the contract term.

Questions regarding the technical aspect of this bid should be directed to Jason Williams at 717-787-5077 or japwilliam@pa.gov. Questions regarding the bidding or contracting procedures should be directed to Natalia Truitt at 717-783-3332 or ntruitt@pa.gov.

SECTION 2 DEFINITIONS:

As used throughout this Statement of Work, the following terms will have the meanings as set forth below:

DEPARTMENT: Commonwealth of Pennsylvania, Department of Conservation and Natural Resources.

CONTRACTOR: Will be interpreted to mean any person, firm, or corporation having legal title or lease agreement for the operation of the described aircraft.

FIXED BASE OPERATOR (FBO) OR FIRM: Will be interpreted to mean an operator or firm who is currently in the helicopter and/or fixed base aviation business, who has an office, has maintenance support facilities owned or contracted, owns rotary-winged aircraft (helicopter), has employees, has qualified pilots and mechanic(s)/A&P, and has tools, equipment, and spare parts to support the type of aircraft specified in this Contract.

DIRECTOR, BUREAU OF FORESTRY: The authorized representative of the Secretary, Department of Conservation and Natural Resources.

mailto:japwilliam@pa.gov mailto:ntruitt@pa.gov

CHIEF, DIVISION OF FOREST FIRE PROTECTION: The authorized representative of the Director, Bureau of Forestry and the Secretary, Department of Conservation and Natural Resources.

AIRCRAFT OPERATIONS & SAFETY SPECIALIST (AOSS): The authorized representative of the Chief, Division of Forest Fire Protection. Handles the aviation related activities and contracts for DCNR.

AIR TANKER BASE MANAGER (ATBM): The authorized representative of Chief, Division of Forest Fire Protection.

DISTRICT FORESTER: The authorized representative of the Director, Bureau of Forestry.

FAA: Federal Aviation Administration.

DESIGNATED BASE: The base of operations from which the Contractor will operate.

FLIGHT RATE: The hourly rate of pay in minutes and recorded as hours and tenths of hours.

FLIGHT TIME: Flying time for which the flight rate will be paid.

GUARANTEED PERIOD: The guaranteed period will consist of thirty-five (35) days, on a seven (7) day week basis, holidays included, for each helicopter and will begin at 10 hours before sunset local Eastern time on the first day of the period and will end at sunset local Eastern time on the last day of the period.

ALERT STATUS: The time aircraft and crew are in readiness for immediate take-off.

GUARANTEED PAYMENT FOR AVAILABILITY: The Department guarantees a daily payment for each day of availability for each helicopter under this contract.

BID SPECIFICATIONS: The bid specifications are included in and are a part of the contract.

SECTION 3 CONTRACT TERM:

The Contract will commence upon execution and receipt of Purchase Order and Notice to Proceed letter and terminate December 31, 2027.

Further, the parties may agree to renew this contract for up to three (3) additional consecutive annual one

(1) year terms, with the final termination date of December 31, 2030, upon the same terms and conditions set forth in the contract. The Department, based on past contractor performance, may negotiate an increase in the unit price(s) by a rate not to exceed 5%.

The Department will reach out to the Contractor no later than August 31st prior to the termination date to begin renewal discussions.

Once the renewal terms are mutually decided, the Contractor must provide written notification of the intent to renew, including the requested price increase if desired, to the Department no later than September 30th prior to the termination date. The renewal notice should be mailed to:

DCNR, Bureau of Forestry – Division of Forest Fire Protection Attn: Jason Williams P.O. Box 8552 Harrisburg, PA 17105-8552 Or Emailed to: japwilliam@pa.gov Or Faxed to: 717-783-7960

The Department will require the ready availability of aircraft, pilot(s), appliances, and equipment during the guaranteed periods as set forth in the Contract. When requested by the Department, use before or after the guaranteed period is at the option of the Contractor. The Department reserves the right to alter the starting dates of the guaranteed periods by no more than fourteen (14) days for the four (4) renewal options. The total number of thirty-five (35) days within the guaranteed periods will not change.

Any commitment of the Department after December 31st of each year this Contract is continued in force by renewal is contingent upon available funds necessary for this expenditure.

SECTION 4 SCHEDULE OF ITEMS:

4.1 DESIGNATED BASE – The designated base of operation for this helicopter will be the Eastern Penn Forest Fire Station helipad, Jim Thorpe, Pennsylvania, 2G9. In addition, a number of auxiliary aerodromes approved by the Contractor and the Aircraft Operations & Safety Specialist (AOSS) may be established and used as directed by the Department.

As the fire season in Pennsylvania progresses, the Contractor may be required to relocate to, but not limited to, the following location with minimal notification:

Tioga County 911 Center, Wellsboro, PA.

As much prior notification to relocate will be provided as possible; however, flexibility in the Contractor’s performance will be expected. This relocation may be temporary or permanent depending on the needs of the Department.

4.2 GUARANTEED PERIOD

EXCLUSIVE USE PERIOD: Starting approximately the 3rd Saturday in March (35 days).

Five (5) days advance notice will be given to the contractor providing the exact date on which to report and when to start the contract guaranteed period.

Each helicopter, appliances, equipment, and pilot(s) must be assembled on the Air Attack Base no later than ten (10) hours before sunset local Eastern time one (1) day before the first day of that helicopter’s Guaranteed Period for inspection and tests. Failure to meet this request or the availability for the start of the Guaranteed Period could result in a penalty of $400.00 per day being assessed. Assessed penalties will be deducted from the Guaranteed Payment for Availability.

mailto:japwilliam@pa.gov

4.3 ADDITIONAL SERVICES –Additional flight time by minute units may be requested by the Department and will be compensated. Daily availability rate will also be compensated during any period of extension.

4.4 AIRCRAFT - Contractor will provide one (1) rotary-wing aircraft powered by an engine of not less than 375 HP, with minimum gross weight cruising speed of 120 mph (104 KIAS). All aircraft are required to meet the manufacturer’s limitations specified in the Aircraft Flight Manual, and other documents required by the Federal Aviation Administration. The Department’s AOSS may inspect the Contractor’s aircraft at the contractor’s base of operations thirty (30) days prior to the specified date the aircraft are to arrive on the Department’s base. If the aircraft fails to meet the standards for safe, effective helicopter operations, and the defects are major, the contract may be cancelled; if the defects are minor, a period of not more than ten (10) days may be given to rectify the defects/malfunctions. The degree of the defect/malfunction and the granting of the 10-day grace period are at the sole discretion of the AOSS.

If the aircraft do not meet the standards for safe and effective helicopter operations at this inspection, the contract will be cancelled, and the operator will be considered to be in default of the contract and the Performance Security will be forfeited to the Department. PERFORMANCE: - Each helicopter must be of such configuration as to be capable of:

1. transporting and cascading a minimum of 90-gallons of water utilizing an approved helicopter firefighting bucket; or the transporting of two (2) fire crew members;

2. transporting one (1) fire crew member, and wildfire tools; and

3. transporting equipment equal to the approved category weight.

Aircraft must have the performance capabilities of transporting and cascading these payloads from Mean Sea Level (MSL) to an elevation of 5,000 feet above MSL. Performance capabilities will be with crew and fuel requirements to accomplish the assignment but at no time will fuel requirements be less than two (2) hours at cruise power.

(B) ENGINES: – The maximum time on the helicopter engine since new (TTSN) or major overhaul

(SMOH) will not exceed the manufacturer’s recommended Time Before Overhaul (TBO) hours unless specifically extended by the FAA for the specific contractor and/or engine under an approved progressive maintenance program.

Additionally, Each engine will have at least 100 hours usable time at start of the Guaranteed Period. Top overhauls will not be considered as an overhaul on any engine. All maintenance actions will be recorded by a certified mechanic holding an inspection authorization (if necessary), a certified airframe repair station, the Director of maintenance, or the manufacturer of the aircraft will annotate aircraft logs as appropriate under the FARs.

(C) AIRCRAFT INSTRUMENTS:

1. Adequate airworthy instrumentation in accordance with Federal Aviation Regulations to permit day and night VFR operations, and will consist of at least the following:

Airspeed Indicator Compass HOBBS Hour Meter Tachometer for each engine Altimeter Clock Oil pressure gauge Fuel gauge indicating quantity in each tank

2. Magnetic Compass must have correction card checked within 30 days of start of the

Guaranteed Period.

3. All required engine and system instruments and fuel gauges will be operational in accordance with the FAA Regulations.

4. Global Positioning System (GPS), either portable (handheld) or installed, that is capable of a user defined waypoint (Lat/Long).

(D) MISCELLANEOUS:

1. The following equipment must be installed and operational/serviceable in each helicopter:

a. Approved shoulder harness for pilot and all passengers.

b. US Coast Guard approved life preserver(s) or life vest(s) must be worn by pilot and all passengers when operating over water.

c. Parking brakes if equipped with landing wheels.

d. Approved position lights.

e. Approved aviation red or aviation white anti-collision light system.

f. One (1) electric landing light.

g. Provisions for hard helmet and microphone by all crew members which permits all crew members to monitor any or all radio communications. Hard helmet exceptions must be approved by the AOSS.

h. Paint scheme must be high visibility paint.

2. Each aircraft must have a current annual inspection performed prior to the date set for inspection by the Department. The aircraft must have within the preceding 100 hours of flight time, a passed annual or hundred-hour inspection by a certified mechanic or repair station. After such inspections, the aircraft must remain airworthy during the life of the contract Guaranteed Period. The aircraft will continue to be inspected each 100-hours thereafter (unless an annual inspection is due in less time) during the life the contract Guaranteed Period unless the aircraft is on an FAA approved progressive inspection program (FAR 91.409(d)). Exceeding an inspection interval will be done only in accordance with intervals outlined in the program (during this exceedance, no DCNR personnel will be carried as passengers and/or crew unless they are deemed mission critical).

3. Contractor must have available at his designated base one copy of the FAA approved maintenance manual for each make and model of aircraft used. The manual and inspection schedule(s) will be available to the contractor’s pilot(s), mechanic(s), as well as for review by any representative of the Commonwealth, FAA Flight Standards District Office, NTSB, or other official.

4. Aircraft maintenance records will comply with the Federal Aviation Regulations with engine, propeller, rotor, and aircraft flight time properly entered after each flight. The contractor will ensure that all maintenance performed on the aircraft is recorded in the affected aircraft’s maintenance record/logs in accordance with 14 CFR 91 (ref: 14 CFR 43.1).

5. Each aircraft will be weighed and certified. Empty and gross weights must be entered in the maintenance records and in weight and balance documents.

6. All paint must be in good condition and must not have been applied over dirty or greasy surfaces. All cables, fuel lines, hydraulic lines, oil lines, and wiring must be airworthy and will be inspected for condition and correct application and installation. If installed, brakes, brake lines, and tires must always be in airworthy condition.

7. All maintenance performed will be entered in the approved aircraft maintenance records/logs prior to the next flight.

8. All aircraft will make a low clearing pass over the drop area prior to the initial drop of water to alert crews on the ground. Continued radio communication with ground personnel is then required for each subsequent drop.

9. The Contractor will be in violation of Section 4.2 above and/or Section 8 below if:

a. Any of the above requirements are not met.

b. It is known that the aircraft has been abused or used for aerobatics.

c. Aircraft maintenance records/logs are not currently posted.

d. Equipment is not airworthy or beyond expiration of a required inspection.

10. The security of aircraft, fuel supplies, associated vehicle/ground support units (AGE), parts and equipment used under this agreement will be the sole responsibility of the Contractor.

(E) FIRE BUCKET SPECIFICATIONS:

1. Firefighting bucket must have a minimum capacity of ninety (90) gallons

Performance characteristics and specifications of the Bambi, Chadwick or Sim's buckets will be the accepted standards for the firefighting bucket.

2. Cables will be at least 12-feet to allow the helicopter to land without detaching the firefighting bucket.

3. The helicopter must have all necessary aircraft equipment to handle external operation of the firefighting bucket including but not limited to slings and shackles, electric harness, dump valve switch, valve position light, break-a-way coupler, and pop-out plugs.

4. One (1) additional firefighting bucket, as described in (E) 1, and one actuator for each helicopter must be in stand-by readiness for "back up" use in case of damage or loss to the primary bucket and/or actuator.

5. Bucket will be filled with water and tested for leaks when the aircraft is taxied and flown. Excessive leaking will be defined by the Department and will not be permitted.

4.5 AIRCREW QUALIFICATIONS - Qualifications of pilots will be as follows:

(A) A current FS or OAS Agency Pilot Qualification Record Card issued by a USDA/USDI approved Inspector of Pilots. Pilots requesting initial carding as Helicopter pilot or any pilot observed conducting poor flight practices will be required to demonstrate their ability to perform Pilot-in- Command duties (Federal Aviation Regulation Part 61, Appendix A), to a designated USDA/USDI Inspector of Pilots.

OR

In cooperation with the AOSS, the chief pilot must evaluate and certify in writing that each pilot has satisfactorily demonstrated the required knowledge, skills, and abilities to perform External Load Operations and Fire Fighting Tactics. Documentation should include date, time, duration of instruction, and evaluation of pilot performance during evaluation.

(B) GENERAL:

1. Possess an FAA Commercial certificate with appropriate category, class rating, and type.

2. Valid FAA medical certificate (Second class minimum) throughout the contract guaranteed period issued under provisions of 14 CFR Part 67.

3. Class and type ratings required by the FAA to fly assigned aircraft.

4. Be competent to operate the assigned aircraft as Pilot-In-Command

5. Be well versed in all applicable parts of the FARs, safety, and directives relative to helicopter and forest fire operations (Part 133).

6. Attend a controlled familiarization and flight training session along with a course in the fundamentals of fire behavior.

7. Qualify and perform (including professionalism and airmanship) to the satisfaction of the Department AOSS.

(C) PILOT-IN-COMMAND:

1. Pilots-In-Command (PIC) must have the following flight experience:

MINIMUM FLIGHT HOURS

Total (including the following) 1,500 In make & model 100* During preceding 12 months 100 Cross Country 250 Night flying experience 100 Typical terrain and landing 200

In category to be flown under this Contract in preceding 30 days (PIC or

SIC)

Related type flying (PIC or SIC) 50

*Note: 50 hours if PIC has satisfactorily completed a factory school and checkout in make and model.

2. Pilots in command must have at least two (2) years of experience (PIC or SIC), with at least twenty-five (25) drops for on-going fires. They must be capable of good judgment in making drops on fires under diverse flight conditions. They must show consistent proficiency in making accurate drops. They must possess the ability to size up fires and attack them effectively and safely without direction from ground control or lead plane pilot. They must possess a basic knowledge of fire behavior.

3. Pilots not having at least one season of fire flying experience, and replacement pilots, after the contract start date will be required to undergo supervised practice at the expense of the Contractor. Said practice will be sufficient to qualify the pilot to the satisfaction of the Bureau’s Aircraft Operations & Safety Specialist.

4. The Contractor must ensure that each pilot proposed for use has completed the

Interagency Aviation online training modules for helicopter fire operations. The training is located on the Government’s Interagency Aviation Training (IAT) website https://www.iat.gov/ under Helicopter Pilot Training-Fire Fighting, modules H1, Basic Fire Behavior &Tactics, H2, Organization, Communication & Airspace and H3, Helicopter Operations. The modules are recommended at least every 36 months. Pilots must sign up, create a profile, and after completion of the modules print a copy of the certificates.

(D) PROBATIONARY PERIOD – Pilots must be capable of consistent proficiency and demonstrate satisfactory and safe performance on a minimum of three (3) wildfires.

(E) COPILOT (SIC): - If aircraft type certificate requires a second-in-command, all copilots must be properly qualified and certified in accordance with FAA requirements.

https://www.iat.gov/

(F) CONTROLLED SUBSTANCE USE: - Any pilot observed or suspected by the Department using or in possession of any non-prescription, controlled substance such as, but not limited to, marijuana, hashish, cocaine, heroin, and/or amphetamines will be immediately dismissed from the project.

Such findings will be reported to the appropriate law enforcement agency and the FAA for action. The Contractor will be immediately found in violation of the terms of the Statement of Work and subject to forfeiture of Performance Security.

(G) ALCOHOL CONSUMPTION: - A pilot will not consume alcohol or a non-prescription medication containing alcohol within twelve (12) hours of scheduled takeoff time. Any pilot observed by the Department consuming alcohol or exhibiting symptoms of alcohol intoxication or impairment or any other intoxication or impairment will be grounded for twenty-four (24) hours. A second occurrence will result in dismissal from the contract.

4.6 PERSONAL PROTECTIVE EQUIPMENT: – Pilots will possess and wear all required Personal Protective

Equipment (PPE) during all fire operations in which the helicopter is operating with a slung load or is considered operational. Ferry flights in which the aircraft is simply being relocated, PPE will be left to the discretion of the PIC. PPE must include, but is not limited to, flight helmet, Nomex flight suit, fire resistant flight boots and gloves.

4.7 SERVICE TRUCK: – Contractor will provide one operational service truck equipped with necessary tools and fueling capabilities.

A) The truck will be located where flight service operations are being conducted.

(B) Contractor will provide, at their own expense, drivers to operate trucks rated for operation by a Pennsylvania Commercial Class A or B driver’s license.

(C) Trucks rated for operation by a Pennsylvania Class C driver’s license may be driven by Department personnel.

(D) Contractor will provide proof of current vehicle liability insurance that includes coverage for all operators to the ATBM. Contractor is required to keep all insurances current.

4.8 RADIO/ELECTRONIC FACILITIES/ AUTOMATED FLIGHT FOLLOWING:

(A) EQUIPMENT - As a condition of aircraft approval, prior to being placed under contract to the Department, helicopters must have satisfactory electronic communications and navigational facilities as described below. All Contractor-furnished communications and electronic navigational equipment must be of types currently approved by the FCC and the FAA. The following basic facilities are required for all rotary winged aircraft:

1. VHF COMMUNICATIONS – Aircraft will be equipped by the Contractor with one panel-mounted VHF communications system.

2. ELECTRONIC NAVIGATION EQUIPMENT - Each helicopter operating for the Department must be equipped by the Contractor with a complete and fully operating GPS navigation system with up-to-date navigation database throughout the contract Guaranteed Period (IFR certification not required).

3. HEADSET-MICROPHONE EQUIPMENT - Each operating crewmember must be equipped with an aviation rated flight helmet/headset microphone assembly.

a. The aircrew helmet must be similar to Gentex Corporation models SPH-4, SPH-5, HGU-84 or HGU-84 or equivalent.

4. FM RADIO-CONTRACTOR AIRCRAFT - Contract aircraft must have VHF/FM capability.

VHF/FM radio units must be installed in accordance with FAA requirements. VHF/FM radio unit(s) must be capable of being programmed with DCNR’s operating radio frequencies 150.0000 to 174.0000 MHz. Upon arrival, DCNR staff will program these operating radio frequencies into the VHF/FM radio unit(s).

5. AUTOMATED FLIGHT FOLLOWING EQUIPMENT- At the Contractor’s expense, one Automated Flight Following (AFF) unit compatible with the government’s AFF tracking network (AFF.gov) must be installed. Not all available AFF hardware is compatible with AFF nor meets AFF’s requirements. The contractor must ensure that the AFF aircraft hardware offered is compatible with AFF. Login information to view AFF must be provided to the Bureau.

(B) INSPECTION - The Department’s Radio Engineer will inspect and test all radio installations for compatibility with DCNR’s radio system and will ensure it is programmed to DCNR radio frequencies.

(C) SERVICE AND MAINTENANCE - It is the responsibility of the Contractor to maintain in good working order all radio facilities they are required to furnish. Failure to do so could result in the helicopter being deemed unavailable as defined in Section 9.

SECTION 5 SUBSTITUTION OF HELICOPTER OR PILOT:

During the guaranteed period, the Contractor may furnish substitute helicopters and/or pilots on a temporary or permanent basis. Any aircraft substituted must be of the same or greater performance capabilities for speed and water load capacity as the aircraft specified in this Contract. Any pilot so furnished must meet the qualification requirements of this Contract. Substitution of either helicopters or pilots will be approved in writing by the AOSS, or designated representative prior to use. The privilege to substitute aircraft and pilots may be used by the Contractor to avoid liquidated damages or unavailability penalties described under Section 23.

SECTION 6 RATES OF PAY:

The rates include all operating expenses of the aircraft, appliances, equipment, insurance, properly qualified pilots, and ferry time from the Contractor’s business location to the designated base and return. Rates are to be based on a guarantee of 2,100 minutes (35 hours) of flight time for the helicopter. All flying time including, but not limited to, ferry flights and aerial delivery flights, will be considered part of the 2,100 minutes of flight time.

If at the end of the Guaranteed Period 2,100 minutes hours of flight time were not required, the difference between the time flown and the guaranteed 2,100 minutes for each helicopter will be paid at the aerial delivery and cascading rate. The 2,100 minutes of guaranteed flight are based on the Contractor completing the thirty-five (35) day Guaranteed Period for each helicopter. If the Contractor does not complete the thirty-five (35) day Guaranteed Period, then the hours of Guaranteed flight time will be paid at ½ for each day completed.

SECTION 7 GUARANTEED PAYMENT FOR AVAILABILITY DURING THE GUARANTEED PERIOD:

The Department will guarantee a minimum payment for 2,100 minutes within the thirty-five (35) days (Guaranteed Period), for the availability of each aircraft and services listed in Section 1.

Availability payments will be invoiced for payment at the end of each seven (7) day period, in five (5) equal payments.

SECTION 8 READINESS TO PERFORM FLIGHT DURING THE GUARANTEED PERIOD:

8.1 During the Guaranteed Period and any period of additional service, the helicopter must be stationed and remain at its designated base of operation, serviced and ready for takeoff. Stand-by may be requested at other approved auxiliary operational sites.

8.2 During said periods, the helicopter pilots will remain in alert status unless relieved by the base Air Attack Officer.

(A) At any time during said periods, the base Air Tanker Base Manager (ATBM) may order helicopter on alert and the contractor must within 3/4 hour (45 minutes) after such notice, have their helicopter manned and ready for immediate takeoff. The helicopters and crews will remain in alert status until relieved by the base ATBM.

(B) Immediate takeoff will mean that no more than fifteen (15) minutes will elapse between the time the flight order is given and the time the helicopter is airborne.

(C) The times in (A) and (B) above are the maximum times that can be taken by the Contractor without being subject to penalties described under Section 23.

(D) During the Guaranteed Period, when conditions are favorable, the availability requirements may be modified by the Chief, Division of Forest Fire Protection, AOSS, or their authorized representative to allow the Contractor’s personnel time off base. Such breaks may be authorized verbally for periods of less than a full day if documented by a notation on the form “Before Operation Daily Check for Air Tanker Base”. Approval for breaks for a full day or more (twenty-four (24) hours or greater from the approved departure time) will be in writing from the

ATBM.

SECTION 9 UNAVAILABILITY OF HELICOPTER AND PERSONNEL:

As used throughout this Contract, "unavailability" or “unavailable” will mean:

(A) Any day or portion thereof that the Contractor’s aircraft and/or crews are not in condition to perform ordered flight without permission; or

(B) Failure to comply with availability and readiness requirements; or

(C) Pilots are prohibited from flying as specified in Section 17.3, or 20.1 (G) of this Contract. A Contractor’s aircraft will not be considered unavailable when the pilot is not permitted to fly because of limitation of flight hours as described in Section 20.1.

SECTION 10 LOADING CAPACITY:

Helicopter must be loaded to its maximum capacity consistent with safety requirements under varying climatic, elevation, and flying conditions. Spot checks will be made to determine that the minimum requirements set forth in this Contract are being met.

SECTION 11 TEST FLIGHTS:

As a readiness requirement, the AOSS or the ATBM may order flight and water drops to test the condition of the helicopter, gate security, release mechanism, radio communications, and to maintain proficiency of the flight crew. Ordered flights for this purpose are not to exceed a total of three (3) hours per helicopter two (2) days prior and during the Guaranteed Period and are a part of the availability requirements; therefore, no additional payment will be made.

SECTION 12 FERRY FLIGHTS:

12.1 DURING THE GUARANTEED PERIOD - Ferry flight means an ordered flight from the designated base to specific points and return to the designated base.

12.2 PRIOR TO OR AFTER THE GUARANTEED PERIOD - Before and after the Guaranteed Period, ferry means an ordered flight from the designated base to specific points and return. In addition, when the Contractor’s helicopter, equipment and personnel have been released from the designated base and have returned to the Contractor’s home base, ferry time may be paid at the flight rate specified under Section 6 from the Contractor’s home base to the designated base and return to the home base when mutually agreed upon by the Contractor and the Department.

12.3 FERRY FLIGHT WEATHER MINIMUMS - It is accepted knowledge that established weather minimums may not be acceptable criteria for safe flight operations; therefore, any ferry flight operation necessary during marginal weather minimums will be conducted only when approved by the pilot-in-command, the Contractor, and the AOSS. Further, they will be conducted in accordance with Federal Aviation Regulations. The pilot-in-command must be instrument rated if required. The aircraft must be equipped with the necessary instrumentation and fueled sufficiently for the flight to include necessary reserves if conducted under IFR conditions. An FAA flight plan must be filed for the flight.

SECTION 13 FLIGHT TIME:

13.1 Measurement of Flight Time - Flight time will be calculated in minutes, and will begin when the helicopter leaves the helipad loading area and stop when the individual sortie is completed, and engines are shutdown. Flight time will not be calculated to include time fueling or loading.

13.2 All flights going to and coming from the fire will be made with dispatch, traveling the most direct routes consistent with safety, airspace restrictions, weather conditions, and helicopter performance capabilities. Known distances flown and known speed of the helicopter will be used as a basis to determine that the flight time is reasonable. No payments will be made for unreasonable time. The Bureau of Forestry will determine what constitutes an unreasonable time using standard methods of flight planning (i.e. sectionals, DUATS, AOPA, SkyVector, ForeFleight, etc.).

SECTION 14 UTILIZATION OF HELICOPTER:

14.1 During the Guaranteed Period, and any additional periods of service, the helicopter furnished by the Contractor will be dispatched by the schedule arranged by the ATBM and thereafter used to the maximum extent feasible for delivery of water on fires occurring within the zone of their designated base. A zone is defined as the area surrounding an operating base from which the helicopter can be dispatched to arrive at a fire in less time than from another base.

When air attack aircraft, in addition to those under contract at a designated base, are required to suppress fires, the following priorities will be used to the extent feasible.

(A) Use Contract aircraft from other bases.

(B) Use additional helicopter from designated base Contractor which have been approved for use.

(C) Use aircraft owned or under contract to any agency cooperating with the Department in fire suppression.

(D) Use any other aircraft available where aircraft and pilots are pre-qualified by the USDAFS, USDOI, or other state/federal suppression agencies.

14.2 The Chief of the Division of Forest Fire Protection and/or the AOSS may order the Contractor to operate temporarily from other bases or locations when deemed necessary. However, those other bases or locations must meet with the approval of the Contractor. All terms and conditions of this Contract will apply to the operations at such temporary bases or locations.

SECTION 15 MEALS, LODGING, TRANSPORTATION:

The Contractor must make their own business arrangements for housing/billeting, subsistence, transportation, support, and other expenses of their respective employee(s) at the designated base, as well as any location to which the helicopter may be relocated for operations.

The Contractor will be responsible for the aforenoted at, but not limited to, planning all the necessary support of their pilot(s) and aircraft at any other auxiliary locations used. This contract will require the Contractor to act in a tactical environment and be able to relocate with minimal notice. Prior planning is a necessity.

SECTION 16 AIRPORT USE, COSTS, FUEL:

16.1 The Contractor must make their own business arrangements for use of the airport at their designated base as well as at all approved auxiliary operational sites. The Contractor will pay for all costs incidental to their operations at these bases, including but not limited aircraft parts, hanger fees, landing fees, aviation oils, lubricants, ground power units, and fuel. All business arrangements are strictly between the vendor and contractor.

16.2 Bureau of Forestry personnel will not be involved in any way with hot fueling the helicopter.

Section 16 and all subsections thereof will be effective for any other airports or airfields the Contractor may be required to operate from during the Guaranteed Period.

SECTION 17 ABORTED MISSION(S):

17.1 No payment will be made for flights when the load of water is accidentally or carelessly dropped on non-target areas. In addition, the cost to the Department of the lost load may be charged to the Contractor and deducted from payment due.

17.2 This provision is not intended to cover drops made with the consent of a lead-plane pilot, Incident Commander (IC), Dispatcher, when an engine is lost, or when in the actual fire area and because of an emergency the pilot is forced to drop sooner than expected, or misses the target in a legitimate try, or due to emergency situation when the aircraft is required to jettison the bucket to maintain control or improve aircraft performance or for a safe egress of the airspace.

17.3 The pilot, helicopter, or both will be grounded after any aborted mission until the cause has been determined and corrected to the satisfaction of the AOSS.

SECTION 18 ACCURACY OF DROP ON TARGET AREAS:

18.1 To be effective for control of wildfire, the water must be accurately dropped on the target areas from low levels. Normally, the ideal range for a drop is between 50 and 100 feet above ground cover. Drops which miss the target area are of no value to the Department. It is recognized at times drops will be ordered on targets which are difficult to hit. Therefore, specific accuracy requirements are not included in this Contract. However, since satisfactory performance cannot be achieved without reasonably accurate dropping of water, the Department may terminate the contract if performance in this respect is consistently unsatisfactory regardless of whether due to pilot error, limitations of the helicopter, or a combination of both. Suggested drop altitudes must not jeopardize safety.

SECTION 19 REPAIR AND MAINTENANCE REQUIREMENTS AND AUTHORIZATIONS:

19.1 The Contractor will provide sufficient ground crews, FAA certified Aircraft and Powerplant (A&P) mechanic(s), and repair facilities to maintain their equipment in a satisfactory airworthy condition throughout the period of the contract. There will be no waiver of this requirement during the life of the Contract, and if periodic inspections indicate a general carelessness in this respect, it will be sufficient grounds for termination of the Contract under Section 23.

19.2 DAILY LINE CHECK AND HELICOPTER INSPECTION - Before each day’s operation, a line check and preflight inspection must be made on each helicopter. The aircraft’s condition and status must be recorded on a form approved for this daily safety inspection. This form is to be presented to the ATBM and becomes part of their records as to the availability status of the aircraft. Should this line check and inspection reveal any discrepancy or malfunction that could develop into or render the aircraft unairworthy, a shut down period of reasonable duration will be authorized. This authorized period may be extended should minimum fire danger conditions permit.

19.3 AUTHORIZED MAINTENANCE - Authorized shut down for periods of reasonable duration, as determined by the Department, may be granted if necessary in the interest of safety and to handle maintenance or repairs that are not the fault of the Contractor and cannot be handled at other times. This shut down period must be approved by the AOSS or other representative of the Chief, Division of Forest Fire Protection. Maintenance authorization will be granted before 10:00 LPT time and after 21:00 LPT time when fire danger is low. It is expected the contractor will optimize this period to conduct preventative maintenance operations to ensure minimized interruption to normal flight operations.

SECTION 20 FLIGHT AND DUTY LIMITATIONS FOR ALL FLIGHT CREWMEMBERS:

20.1 SAFETY IS OF THE UTMOST IMPORTANCE, and pilot fatigue is to be avoided to the utmost extent possible. These requirements apply to all Bureau of Forestry aviation missions. All flight crewmembers are limited to the following tours of duty, and all work-related time must count toward these limitations.

(A) Duty includes flight time, ground duty of any kind, and standby or alert status at any location.

This restriction does not include “on-call” status outside of any required rest or off-duty periods.

(B) Flight time must not exceed a total of 8 hours per duty day.

(C) Assigned duty of any kind must not exceed 14 hours in any 24-hour period.

(D) Flight crewmembers accumulating thirty-six (36) hours of flight time in any six (6) consecutive days or less are required to have the following day off. Maximum cumulative flight hours must not exceed 42 hours in any six (6) consecutive days.

(E) Within any 24-hour period, flight crewmembers must have a minimum of 10 consecutive uninterrupted hours off duty immediately prior to the beginning of the next duty day.

(F) During any 14-consecutive-day period, flight crewmembers must be off duty for two 24-hour periods from the time of last duty. The 24-hour off-duty periods need not be consecutive.

(G) TIME OUT INCIDENT. This permits a one (1) hour time out for near miss situations.

(H) PILOT PERFORMANCE. The Department will also ground any pilot, either temporarily or permanently, who flies recklessly, continues to make ineffective drops, or otherwise conducts themselves in a manner detrimental to the purpose for which they are contracted. The pilot is responsible for preflight mission planning (e.g. weather, NOTAMs, etc.), aircraft performance (TOLD/weight & balance), obstacle clearance, aircraft condition and safe flight.

(I) DAY/NIGHT FLIGHT LIMITATIONS. All operations will be limited to flight during the official daylight hours. Daylight hours are defined as thirty (30) minutes prior to official sunrise until thirty (30) minutes following official sunset, and under visual flight rule (VFR) conditions.

Daylight hours may be further limited at the discretion of the pilot, AOSS, or ATBM because of low visibility conditions caused by smoked and/or shadows.

20.2 REST PERIODS - Time spent refueling or checking the aircraft, aircraft maintenance, loading or unloading, checking weather or such related work will not be considered part of a rest period.

SECTION 21 PAYMENT:

21.1 Payments will be made for the services provided as promptly as possible upon receipt of the Air Drop

Report Invoice approved by the authorized representative of the Department. Payments for availability will be invoiced and paid separately. Flight time will be paid for each individual mission (fire or ferry flights). Final payment will be made as promptly as possible after determining the Contractor has satisfied the requirements and based on the guarantee of 2,100 minutes of flying service as described in this Statement of Work.

21.2 Upon mutual agreement, any work performed outside of the Guaranteed period will be paid at the agreed upon rate. Separate non-guaranteed availability and flight time bid amounts are required for this period of service. Guaranteed flight hours and daily availability are not offered for additional work outside of the Guaranteed Period. Payment will be made for actual flight hours and daily availability.

21.3 All services required of the Contractor must be completed before the Contract end date. No payment will be made for services conducted after the Contract end date.

21.4 This contract will be paid by Automated Clearing House (ACH), commonly referred to as direct deposit. Contractor should review Section V.24 CONTRACT-016.2 Automated Clearing House (ACH) Payments of the Commonwealth’s Terms and Conditions for complete details and contractor’s responsibilities.

SECTION 22 COMPLIANCE WITH FEDERAL AND STATE REGULATIONS:

All helicopters used by the Contractor under the terms and conditions of this contract, must be operated in full and complete conformance with the requirements of the Federal Aviation Administration (including authorized deviations, and the Pennsylvania Department of Transportation, Bureau of Aviation if applicable). This includes required aircraft and pilot certifications and licensing.

SECTION 23 FAILURE TO PERFORM AND LIQUIDATED DAMAGES:

23.1 One-tenth (1/10) of the daily availability rate in effect will be deducted for each hour or portion thereof that aircraft or personnel are unavailable during the ten (10) hours before sunset LPT. Deductions will be made at the end of each seven (7) day period when availability payments are invoiced for payment.

The maximum daily availability to be deducted in any one (1) day will be an amount equivalent to the daily availability rate in effect. The Contractor will not be liable for a reduction in daily availability payments if the failure to meet the terms of the contract arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes will include, but are not restricted to, acts of God or of the public enemy, acts of the Commonwealth in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but, in every case, the failure to perform must be beyond the control and without the fault or negligence of the Contractor.

23.2 Failure of the Contractor to have helicopter available in readiness to perform flight as set forth in

Section 7, may cause serious damage to the Commonwealth. In addition to the above availability deductions, fixed and agreed liquidated damages of $500.00/HR may be assessed for each hour or portion thereof that aircraft or personnel are unavailable.

Liquidated damages of $500.00/HR may also be assessed for unavailability occurring between 10 hours before sunset and sunset. The maximum liquidated damages to be assessed each calendar day is an amount equivalent to 10 hours at this rate for the helicopter contracted.

23.3 Failure to meet the availability requirements, as set forth in Section 8, will give the Department the right to terminate this Contract if such unavailability continues for a period of three (3) consecutive calendar days, or for a total of five (5) or more calendar days during the Guaranteed Period.

SECTION 24 PERFORMANCE SECURITY:

The Contractor is required to submit performance security in the amount of twenty percent (20%) of the total price of the current term of the contract. Performance security must be in the form of a specific performance bond, an irrevocable letter of credit or a certificate of deposit, all in a form acceptable to the Commonwealth, or a certified check or a bank cashier’s check drawn to the order of the “Commonwealth of Pennsylvania”. All performance security will be conditioned for faithful performance of the purchase order.

Where the Contractor does not comply with the Contract or a purchase order, the amount of the Commonwealth’s damages will be liquidated to the amount of the proceeds of the check, performance bond, letter of credit, certificate of deposit, or escrow account or the Commonwealth may, at its option, bring legal action against the Contractor or its surety for the damages it has suffered for any default, in which case security held by the Commonwealth will be applied as a credit in such suit for damages.

Original performance security should be mailed to the Procurement Contact located at:

FedEx, UPS, DHL, or other carriers:

DCNR

Bureau of Administrative Services Attn: Natalia Truitt 400 Market Street, 7th Floor Harrisburg, PA 17101

United States Postal Service (USPS):

DCNR

Bureau of Administrative Services Attn: Natalia Truitt PO Box 8769 Harrisburg, PA 17105-8769

A copy of the performance security must also be emailed to: ntruitt@pa.gov.

The purchase order will not be issued until the approved original performance security is furnished.

SECTION 25 DCNR BOND FORM:

Should the awarded contractor elect to select a Performance Bond as its security, the contractor must utilize the DCNR Standard Bond Form. Only the awarded contractor must submit a performance bond. The DCNR Procurement Contact will email the DCNR Standard Bond Form to the awarded vendor prior to the execution of the Purchase Order. If a performance bond is submitted on a bond form other than the DCNR Standard Bond Form, the DCNR will reject the bond and request an updated bond on our form.

SECTION 26 INSURANCE:

The contractor shall purchase and maintain, at its expense, the following types of insurance(s) issued by companies acceptable to the Commonwealth.

(A) Workman’s Compensation Insurance – for all of the Contractor’s employees and those of any subcontractor, engaged in work at the site of the project as required by law.

(B) Public Liability and Property Damage Insurance – to protect the Commonwealth, the

Contractor, and any and all subcontractors from claims for damages for personal injury (including bodily injury), sickness or disease, accidental death and damage to property including the loss of use resulting from any property damage, which may arise from the activities performed under the Contract, or the failure to perform under the Contract, whether such performance or non-performance be by the Contractor, by any subcontractor, or by anyone directly or indirectly employed by either. The minimum amounts of coverage shall be $250,000 per person and $1,000,000 per occurrence for bodily injury, including death, and $250,000 per person and $1,000,000 per occurrence for property damage. Such policies shall be occurrence rather than claims-made policies and shall not contain any endorsements or any other form designated to limit and restrict any action by the Commonwealth, as an additional insured, against the insurance coverage in regard to work performed for the Commonwealth.

(C) Aircraft Liability - $1,000,000 single limit for each occurrence for bodily injury and property damage.

(D) Airport Liability - $1,000,000 single limit for each occurrence for bodily injury and property damage combined.

(E) Automotive Liability - $1,000,000 single limit for each occurrence for bodily injury and property damage combined.

(F) Environmental Impairment Liability Insurance - covering environmental impairment caused by negligence in an amount of $500,000 per occurrence. This specific type of insurance may be substituted by any riders to any of the aforementioned insurance, provided it services the same benefit and purpose. These provisions must cover the Commonwealth, as well, for any liability.

(G) If any work under this contract is subcontracted or otherwise performed by anyone other than the contractor or performed with equipment subcontracted or leased by the contractor, the contractor must provide liability insurance as specified under its own policy(s) in order to provide coverage for any persons and/or equipment so subcontracted or leased or the contractor must provide evidence that the specified liability insurance for any persons and/or equipment so subcontracted or leased is provided for under a policy(s) maintained by the subcontractor or lessor.

Prior to commencement of the work under the Contract and at each insurance renewal date during the term of the Contract, the Contractor shall provide the Commonwealth with current certificates of insurance. These certificates or policies shall name “The Commonwealth of PA-DCNR” as an additional insured and shall contain a provision that the coverage’s afforded under the policies will not be cancelled or changed until at least thirty days written notice has been given to the Commonwealth.