RFP_Type3Airtankers_Submission Attachments A thru G_Final~1.pdf

OregonBuys Bid # S-62900-00009774 Type 3 Single Engine Airtanker (SEAT) Services

EXCERPT FROM EXHBIT A OF ATTACHMENT A

(PROPOSER MUST COMPLETE AND SUBMIT THIS FORM WITH ITS PROPOSAL)

For complete details, see the full text of Exhibit A in Attachment A

SECTION A – MINIMUM AIRCRAFT REQUIREMENTS AND SCHEDULE OF ITEMS

A-1 MINIMUM AIRCRAFT REQUIREMENTS

6) Offered Aircraft Performance Information:

Offered Aircraft Airtanker N#

Tanker # Proposed Administrative Base for Aircraft

Airtanker Make/Model/ Serial #

Retardant Payload

Normal Operating Wt.

Cruise

(KTAS)

Hourly Fuel Consumption

1 The Payload weight is based on an average of 9 pounds per gallon of mixed retardant.

Dispensing volume and retardant in pounds shall be identified on the Interagency Airtanker Board (IAB) interim or full approval letter for the offered aircraft.

2 Pilot weight estimated at 200 lbs.

Note: In reference to the above, Contractor shall provide a Pilot Operating Handbook (POH) and/or Aircraft Flight Manual (AFM) or equivalent when requested for the specific aircraft. The POH and/or AFM must be in the aircraft, be for that specific aircraft and aircraft serial number if applicable.

A-2 SCHEDULE OF ITEMS FOR OFFERED AIRCRAFT

1) Agency will guarantee payment at the fixed “Daily Availability Rate”.

2) Airtanker(s) will be available for dispatch 7 days per week.

3) Flight hours will be ordered at a fixed “Hourly Flight Rate” and are not guaranteed.

4) Aircraft Hourly Flight Rate is a wet rate (includes fuel).

5) The “Daily Optional/Post Season Use Rate” is a daily rate for use of the airtanker outside of the Mandatory Availability Period (MAP). The Post Season Use Period is during the 30-day calendar days immediately following the MAP. If Contractor accepts a Post Season Use order, the Contractor shall perform Services in accordance with the terms and conditions of this Contract within 24-hours of accepting the order. Orders for Daily Optional Use (outside of MAP and Post Season Use Periods) will be subject to Contractor acceptance.

6) Use of the airtanker outside of the MAP will be by mutual agreement of the Parties.

7) The following rates have been pre-determined by the Agency.

a) Extended Standby Rate is $65.00 per hour (maximum 3 personnel per aircraft). See Section B-7 of Exhibit A below for more information.

b) Fuel Servicing Vehicle Mileage is $3.50 per mile (max two vehicles). See Section E-4 of Exhibit A below for more information.

c) When Agency requests Contractor to load other aircraft that are not owned and operated by the Contractor, the Agency will compensate the Contractor on a per gallon basis at a rate of $0.20 cents per gallon of fire chemical loaded. See Section E-11 of Exhibit A below for more information.

8) The Agency may request additional aircraft from the Contractor to perform Services under this Contract if funds become available. Use of additional aircraft will be by mutual agreement of the Parties.

9) Price Proposal of Schedule of Items for Offered Aircraft:

Prineville Airport (S39)

MAP Days MAP Start Date Daily Availability Rate

Hourly Flight Rate (Wet)

Daily Optional/Post Season Use Rate

75 To Be Determined

LaGrande, OR (LGD)

MAP Days MAP Start Date Daily Availability Rate

Hourly Flight Rate (Wet)

Daily Optional/Post Season Use Rate

75 To Be Determined

TOTAL NUMBER OF AIRCRAFT AVAILABLE: ________

ATTACHMENT B

DISCLOSURE EXEMPTION

____________________, representing [insert Proposer Name] (hereafter “Proposer”), hereby swears or affirms that:

1. I am an employee of the Proposer, I have knowledge of the Request for Proposals referenced herein, and I have full authority from the Proposer to submit this disclosure exemption and accept the responsibilities stated herein.

2. I am aware that the Proposer has submitted a Proposal, dated on or about [insert date] (the “Proposal”), to the State of Oregon (State) in response to Request for Proposals S-62900-00009774, for Type 3 Single Engine Airtanker (SEAT) Services, and I am familiar with the contents of the RFP and Proposal.

3. I have read and am familiar with the provisions of Oregon’s Public Records Law, Oregon Revised Statutes (“ORS”) 192.311 through 192.478, and the Uniform Trade Secrets Act as adopted by the State of Oregon, which is set forth in ORS 646.461 through ORS 646.475. I understand that the Proposal is a public record held by a public body and is subject to disclosure under the Oregon Public Records Law unless specifically exempt from disclosure under that law.

4. I have reviewed the information contained in the Proposal. The Proposer believes the information listed in Exhibit A is exempt from public disclosure (collectively, the “Exempt Information”), which is incorporated herein by this reference. It is my opinion that the Exempt Information is exempt from disclosure under Oregon’s Public Records Law under the specifically designated sections as set forth in Exhibit A or constitutes “Trade Secrets” under either the Oregon Public Records Law or the Uniform Trade Secrets Act as adopted in Oregon because that information is either:

A. A formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that:

i. is not patented,

ii. is known only to certain individuals within the Proposer’s organization and that is used in a business the Proposer conducts,

iii. has actual or potential commercial value, and

iv. gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. OR

B. Information, including a drawing, cost data, customer list, formula, pattern, compilation, program, device, method, technique or process that:

i. Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and

ii. Is the subject of efforts by the Proposer that are reasonable under the circumstances to maintain its secrecy.

5. I understand that disclosure of the information referenced in Exhibit A may depend on official or judicial determinations made in accordance with the Public Records Law.

Signature

EXHIBIT A TO ATTACHMENT B

Proposer identifies the following information as exempt from public disclosure under the following designated exemption(s):

ATTACHMENT C

PROPOSER INFORMATION AND CERTIFICATION SHEET

(PROPOSER MUST COMPLETE AND SUBMIT THIS ATTACHMENT WITH ITS PROPOSAL)

Legal Name of Proposer:

Address: City, State, Zip:

State of Incorporation: Entity Type:

Contact Name: Telephone: Email:

Oregon Business Registry #: _______________ OregonBuys Supplier #:_____________________

Federal ID #:_____________________

Any individual signing below hereby certifies they are an authorized representative of Proposer and that:

1. Proposer understands and accepts the requirements of this RFP. By submitting a Proposal, Proposer agrees to be bound by the Contract terms and conditions in Attachment A and as modified by any Addenda, except for those terms and conditions that Agency has reserved for negotiation, as identified in the RFP.

2. Proposer acknowledges receipt of any and all Addenda to this RFP.

3. Proposal is a Firm Offer for 180 days following the Closing.

4. If awarded a Contract, Proposer agrees to perform the scope of work and meet the performance standards set forth in the final negotiated scope of work of the Contract.

5. I have knowledge regarding Proposer’s payment of taxes and by signing below I hereby certify that, to the best of my knowledge, Proposer is not in violation of any tax laws of the state or a political subdivision of the state, including, without limitation, ORS

305.620 and ORS chapters 316, 317 and 318.

6. Proposer does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, gender, disability, sexual orientation, national origin. When awarding subcontracts, Proposer does not discriminate against any business certified under ORS 200.055 as a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business. If applicable, Proposer has, or will have prior to contract execution, a written policy and practice, that meets the requirements described in ORS 279A.112 (formerly HB 3060), of preventing sexual harassment, sexual assault and discrimination against employees who are members of a protected class.

Agency may not enter into a contract with an anticipated contract price of $150,000 or more with a Proposer that does not certify it has such a policy and practice. See https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx for additional information and sample policy template.

7. Proposer complies with ORS 652.220 and does not unlawfully discriminate against any of Proposer’s employees in the payment of wages or other compensation for work of comparable character on the basis of an employee’s membership in a protected class. “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.

Contractor’s continuing compliance constitutes a material element of this Contract and a failure to comply constitutes a breach that entitles Agency to terminate this Contract for cause.

Contractor may not prohibit any of Contractor’s employees from discussing the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person. Contractor may not retaliate against an employee who discusses the employee’s rate of wage, salary, benefits, or other compensation with another employee or another person.

https://www.oregon.gov/DAS/Procurement/Pages/hb3060.aspx

8. Proposer is not engaged in the provision of broadband Internet access service, or if at any time Proposer is engaged in or may engage in the provision of broadband Internet access service Proposer is in compliance with Oregon Laws 2018, Chapter 88 (HB 4155) and applicable Public Utility Commission rules, and will remain in compliance throughout the term of the Contract.

9. Proposer and Proposer’s employees, agents, and subcontractors are not included on:

A. the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https://www.treasury.gov/ofac/downloads/sdnlist.pdf., or

B. the government wide exclusions lists in the System for Award Management found at: https://www.sam.gov/portal/

10. Proposer certifies that, to the best of its knowledge, there exists no actual or potential conflict between the business or economic interests of Proposer, its employees, or its agents, on the one hand, and the business or economic interests of the State, on the other hand, arising out of, or relating in any way to, the subject matter of the RFP. If any changes occur with respect to Proposer’s status regarding conflict of interest, Proposer shall promptly notify the State in writing.

11. Proposer certifies that all contents of the Proposal (including any other forms or documentation, if required under this RFP) and this Proposal Certification Sheet are truthful and accurate and have been prepared independently from all other Proposers, and without collusion, fraud, or other dishonesty.

12. Proposer understands that any statement or representation it makes, in response to this RFP, if determined to be false or fraudulent, a misrepresentation, or inaccurate because of the omission of material information could result in a "claim" {as defined by the Oregon False Claims Act, ORS 180.750(1)}, made under Contract being a "false claim" {ORS 180.750(2)} subject to the Oregon False Claims Act, ORS 180.750 to 180.785, and to any liabilities or penalties associated with the making of a false claim under that Act.

13. Proposer acknowledges these certifications are in addition to any certifications required in the Contract and Statement of Work in Attachment A at the time of Contract execution.

Authorized Signature Date

(Printed Name and Title) https://www.treasury.gov/ofac/downloads/sdnlist.pdf https://www.sam.gov/portal/

ATTACHMENT D

PROPOSER’S REFERENCES

(PROPOSER MUST COMPLETE AND SUBMIT THIS PAGE WITH ITS PROPOSAL)

(30 POINTS MAX)

PROPOSER: __________________________________________________________

References will be evaluated by the Evaluation Committee and scored for a maximum of 30 possible points.

REFERENCE #1

FIRM NAME:

ADDRESS:

CONTACT PERSON: ____________________________________________________

POSITION TITLE:

PHONE NUMBER:

EMAIL:

REFERENCE #2

REFERENCE #3

REFERENCE SCORE SHEET EXAMPLE

(FOR INFORMATION PURPOSES ONLY)

PROPOSER NAME: _______________________________________________________________

REFERENCE NAME: __________________________________________________________________

DATE CALLED: ________________________________________________________________________

TIME CALLED: ____________________________

NUMBER OF ATTEMPTS TO CONTACT: ____________________________

Questions are scored on a basis of 1 to 5, with 5 being the best. Each reference provided, up to three (3) references, will be contacted and asked the same six (6) questions. During the reference checks, the Evaluation Committee member(s) will make three (3) attempts to contact the listed references provided by Proposer. If the Committee member(s) is unable to contact a reference, the Proposer will receive zero (0) points for that reference.

Total Score_____________ divided by three (3) = Final Score________________

Questions: “I will ask you the following questions and please respond on a scale of 1 to 5 with 5 being the best.”

1. Please rate, the contractor’s responsiveness when contacted.

1 2 3 4 5

2. As a customer, please rate the satisfaction of the services you received.

3. How would you rate the contractor’s attention to safety?

4. On a scale of 1 to 5 with 5 being exceptional what was the quality of the work performed?

5. Was work performed within the proposed amount?

1=Never 2=Rarely 3=Sometime 4=Most of the time 5=Always

6. Was the company financially capable of maintaining aircraft and personnel in the field?

1=Never 2=Rarely 3=Sometime 4=Most of the time 5=Always

ATTACHMENT E

SYNOPSIS OF AVIATION SAFETY PROGRAM

(PROPOSER MUST COMPLETE AND SUBMIT THIS PAGE WITH ITS PROPOSAL)

The ODF’s Aviation Program views Safety Management Systems (SMS) as a critical element of a safe operation.

Proposer shall provide with its Proposal their accident history for the previous 5 years.

Proposer shall include all aircraft that have operated under Proposer’s Operating Certificates (fixed wing and rotor wing).

Proposer shall complete the following that apply to Proposer’s company accident history:

• Total number of flight hours for the previous 5 years: ____________

• Number of aircraft accidents reported to NTSB in the previous 5 years: ____________

If Proposer’s company has had an accident in the last 5 years, Proposer shall provide an accident prevention action plan or evidence of actions taken to prevent future accidents. If Proposer had an accident that was reported to the NTSB and it was downgraded to an incident, Proposer must provide evidence from the NTSB.

ATTACHMENT F

RESPONSIBILITY INQUIRY

(PROPOSER MUST COMPLETE AND SUBMIT THIS ATTACHMENT WITH ITS PROPOSAL)

Agency will determine responsibility of a Proposer prior to award and execution of a Contract based on the factors below and the criteria in OAR 137-047-0640(1)(c)(F). In addition to this form, Agency may notify Proposer of other documentation required, which may include but is not limited to recent profit-and-loss history, current balance statements and cash flow information, assets-to-liabilities ratio, including number and amount of secured versus unsecured creditor claims, availability of short and long-term financing, bonding capacity, insurability, credit information, materials and equipment, facility capabilities, personnel information, record of performance under previous contracts, etc. Failure to promptly provide the requested information or clearly demonstrate responsibility may result in an Agency finding of non-responsibility and rejection.

1. Does Proposer have available the appropriate financial, material, equipment, facility and personnel resources and expertise, or ability to obtain the resources and expertise, necessary to demonstrate the capability of Proposer to meet all contractual responsibilities? YES / NO .

2. Within the last five years, how many contracts of a similar nature has Proposer completed that, to the extent that the costs associated with and time available to perform the contract remained within Proposer′s control, Proposer stayed within the time and budget allotted, and there were no contract claims by any party?

Number: ____

How many contracts did not meet those standards? Number: ____ If any, please explain.

Response:

3. Within the last three years has Proposer (incl. a partner or shareholder owning 10% or more of Proposer’s firm) or a major subcontractor (receiving 10% or more of a total contract amount) been criminally or civilly charged, indicted or convicted in connection with:

• obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract,

• violation of federal or state antitrust statutes relating to the submission of Bids or Proposals, or

• embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property? YES / NO .

If "YES," indicate the jurisdiction, date of indictment, charge or judgment, and names and summary of charges in the response field below.

Response:

4. Within the last three years, has Proposer had:

• any contracts terminated for default by any government agency, or

• any lawsuits filed against it by creditors or involving contract disputes? YES / NO .

If "YES," please explain. (With regard to judgments, include jurisdiction and date of final judgment or dismissal.)

Response:

5. Does Proposer have any outstanding or pending judgments against it? YES / NO .

Is Proposer experiencing financial distress or having difficulty securing financing? YES / NO .

Does Proposer have sufficient cash flow to fund day-to-day operations throughout the proposed contract period? YES / NO .

If "YES” on the first question or second question, or “NO” on the third question, please provide additional details.

Response:

6. Within the last three years, has Proposer filed a bankruptcy action, filed for reorganization, made a general assignment of assets for the benefit of creditors, or had an action for insolvency instituted against it?

YES / NO .

If "YES," indicate the filing dates, jurisdictions, type of action, ultimate resolution, and dates of judgment or dismissal, if applicable.

Response:

7. Does Proposer have all required licenses, insurance and/or registrations, if any, and is Proposer legally authorized to do business in the State of Oregon? YES /NO .

If "NO," please explain.

Response:

8. Pay Equity Certificate. This certificate is required if Proposer employs 50 or more full-time workers and the prospective contract price is estimated to exceed $500,000. [This requirement does not apply to architectural, engineering, photogrammetric mapping, transportation planning or land surveying and related services contracts.] Does a current authorized representative of Proposer possess an unexpired Pay Equity Certificate issued by the Department of Administrative Services? YES / NO / N/A . [If the certificate was provided with the Bid or Proposal submitted for a solicitation related to the prospective contract, then it is not necessary to resubmit it. Just indicate “see Bid” or “see Proposal” in the response field. Otherwise, if applicable, submit a copy of the certificate with this form.]

Response:

AUTHORIZED SIGNATURE

By signature below, the undersigned Authorized Representative on behalf of Proposer certifies to the best of his or her knowledge and belief that the responses provided on this form are complete, accurate, and not misleading.

Proposer Name: RFP: S-62900-00009774

Project Name: Type 3 Single Engine Airtanker (SEAT) Services

Authorized Signature: Date:

Print Name: Print Title:

ATTACHMENT G

CHECKLIST

(FOR INFORMATION PURPOSES ONLY)

Section Item Description Check

3.1 Minimum Qualifications Minimum Qualifications:

• DOI SEAT Contract Compliance

• OAS Carding

3.2,

3.3.1 & 3.4.5

Minimum Certification Requirements

Minimum Certification Requirements:

(a) Aircraft

(1) Type Certificate for aircraft (submit 1 copy)

(2) Airworthiness Certificate (submit 1 copy)

(b) Primary & Relief Pilots

(1) FAA Commercial Pilot Certificate

(submit 1 copy front and back per pilot)

(2) Second Class Medical Certificate (submit 1 copy per pilot)

(c) Mechanic & Fuel Servicing Vehicle Driver

(1) FAA mechanic certificate w/ A&P ratings

(2) FSV Driver valid driver’s license

3.4.6

Offered Aircraft Performance Information

Attachment A, Exhibit A, Section A-1(6)

3.3.1 & 3.4.3

Price Proposal Schedule of Items for Offered Aircraft

Price Proposal - Attachment A, Exhibit A, Section A-2(9) [Submitted separately]

3.4.8

Approval Letter Interim Approval Letter or Approval Letter from the Interagency Airtanker Board (submit 1 copy)

3.1 & 3.3.1

OAS aircraft Card & Pilot Qualification Card

OAS Card for each aircraft proposed and Pilot Qualification Card (submit 1 copy per pilot);

OAS card(s) expiring before June 1, 2024, Proposer must provide proof in its Proposal of a federal inspection date via email from a federal inspector.

3.4.9

Personnel (Key Persons) OAS Approved

List of OAS approved mechanic(s) and driver(s), including expiration dates.

3.4.1

Proposer Information & Certification Sheet

Attachment C

3.3.1 & 3.4.2

Proposer’s References Attachment D

3.3.1 & 3.4.7

Synopsis of Aviation Safety Program

Attachment E

3.3.1 & 3.4.4

Responsibility Inquiry Attachment F