S000000280 Fire Suppression Services.pdf

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STATE OF ARKANSAS

DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES

OFFICE OF STATE PROCUREMENT

501 Woodlane St., Ste. 220

Little Rock, Arkansas 72201-1023

INVITATION FOR BID

SOLICITATION DOCUMENT

SOLICITATION INFORMATION

Solicitation Number: S000000280 Solicitation Issued:

September 28, 2023

Description: Airborne Fire Suppression Services

Department: Arkansas Agriculture Department-Forestry Division

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: October 19, 2023 Bid Opening Time: 2:00 p.m., Central Time

Bid responses for this Invitation for Bid must be submitted through ARBuy, the State’s eProcurement system.

It can be accessed at arbuy.arkansas.gov. Bids received after the submission deadline may be rejected as untimely.

LIVE BID OPENING INFORMATION

Teams Meeting Link: Click here to join the meeting

Meeting ID: 230 370 807 433

Passcode: JuQqxg

Call in (audio only): 501.244.3310 or find a local number

Phone conference ID: 754 319 70#

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist:

Julia Shackelford Procurement Specialist’s Direct Phone Number:

501-371-6079

Email Address: Julia.shackelford@arkansas.gov TSS OSP’s Main Number: 501-324-9316

TSS OSP Website: transform.ar.gov/procurement file://///tss-file-p1/INDOSPADMIN$/%23_GENERAL_%20PROCUREMENT_%20TEAM_%23/BUYERS/Brandi%20Schroeder/Bid%20Folder%20Documents/%23New%20Drafts/IFB/1%20OSP%20Use/arbuy.arkansas.gov/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2UxZjc4YmEtMDlkNy00NGNmLWFjYjUtNTU0M2IzNDhjZTll%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%22a202d409-7a31-4076-91b4-f7352fde7396%22%7d https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839 https://www.transform.ar.gov/procurement/

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SECTION 1 – INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the TSS Office of State Procurement (TSS OSP) on behalf of the Arkansas Agriculture Department – Forestry Division (“Department”) to obtain pricing and a contract for Airborne Fire Suppression Services throughout the State of Arkansas.

1.2 BACKGROUND INFORMATION

The mission of the Arkansas Forestry Division is to protect approximately 18.9 million acres of Arkansas’s forests, and those who enjoy them, from wildland fire and natural hazards while promoting rural and urban forest health, stewardship, development and conservation for all generations of Arkansans. There are seven (7) forest districts within the State of Arkansas.

1.3 TYPE OF CONTRACT

A. As a result of this IFB, TSS OSP intends to award a contract to a single Contractor (see Contractor

Selection).

B. The anticipated starting date for any resulting contract may begin January 1, 2024, except that the actual contract start date may be adjusted unilaterally by the State for up to three (3) calendar months. By submitting a signed bid in response to the IFB, the Prospective Contractor represents and warrants that it will honor its bid as being held open as irrevocable for this period.

C. The initial term of a resulting contract will be for one (1) year. Upon mutual agreement by the Contractor and Department, the contract may be renewed by TSS OSP for up to six (6) additional one-year terms or portions thereof, not to exceed a total aggregate contract term of seven (7) consecutive years.

1.4 DEFINITION OF TERMS

A. Unless otherwise defined herein, all terms defined in Arkansas Procurement Law have the same meaning herein.

B. Unless otherwise defined herein, all terms defined in Arkansas Procurement Law have the same meaning herein.

C. “Air Attack” means an aerial platform over a fire, containing a division supervisor or higher qualified fire person, who controls the air space over the fire and directs the fire suppression aircraft on where to drop and what tactics are to be used.

D. “Base of Operations” means an airport located within forty (40) aeronautical miles of the Malvern municipal airport.

E. “Business Days” means Monday through Friday, 8:00 a.m. to 4:30 p.m. Central Time, excluding State Holidays. A list of Arkansas State Holidays can be found at the following link: Arkansas Secretary of State

F. “Call When Needed” means Forestry may request aircraft for suppression services outside the exclusive use period, subject to Contractor availability.

G. “FAA” means Federal Aviation Association.

H. “Forestry” means the Arkansas Department of Agriculture - Forestry Division.

I. “Ground Personnel” means fire fighters on the ground attempting to suppress a wildfire.

J. The terms “Invitation for Bid,” “IFB,” and “Solicitation” are used synonymously in this document.

K. The terms “Agency,” “Department,” and “Arkansas Agriculture Department-Forestry Division” are used synonymously in this document.

L. “Pilot-In-Command” means the pilot aboard any given aircraft who is responsible for its operation and safety during flight.

https://www.sos.arkansas.gov/news/calendar/ https://www.sos.arkansas.gov/news/calendar/

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M. “Prospective Contractor” means a responsive and responsible bidder who submits a bid that meets the Requirements and criteria set forth in this Solicitation.

N. “Readiness Level” means various response time requirements of an aircraft to be launched and/or dispatched at any given airport.

O. “Retardant” means water, foam or a mix of water and foam that is dropped to slow down the spread of wildland fires.

P. “Requirement” means a term, condition, provision, deliverable, Specification, or a combination thereof, that is obligated under the Solicitation, resulting contract, or both.

Q. “Shall” and “must” mean the imperative and are used to identify Requirements and Specifications.

R. “Specification” means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of a commodity or service. “Specification” may include a description of any Requirement for inspecting, testing, or preparing a commodity or service for delivery.

S. “Spider Tracks” means a flight tracking system to keep track of aircraft, pilots, flying hours, schedule maintenance, inspections, etc.

T. “State” means the State of Arkansas. When the term “State” is used herein to reference any obligation of the State under a contract that results from this Solicitation, that obligation is limited to the Department using such a contract.

1.5 CONTRACTOR SELECTION

A. Award is expected to be made to the responsive and responsible Prospective Contractor determined to have submitted the lowest bid that meets the Requirements and criteria set forth in the IFB, based on the Estimated Annual Cost as shown in the ARBuy portal submitted by the Prospective Contractor.

B. If the State so chooses, negotiations may be conducted with the lowest-bidding, responsive and responsible Prospective Contractor if:

1. All bids received from responsive and responsible bidders exceed available funding; or

2. It appears that additional savings to the state may result from negotiation.

C. If negotiations fail to result in a contract, the State may negotiate with the next lowest-bidding, responsive and responsible Prospective Contractor.

1. The negotiation process may be repeated until an acceptable lower bid price is negotiated, or until such time the State determines negotiations are no longer in the best interest of the state.

2. Negotiations are conducted at the sole discretion of the State.

D. Once the anticipated awardee has been determined, the anticipated award will be posted to ARBuy, generally for a period of fourteen (14) days prior to the issuance of a contract. The postings are anticipated awards only, subject to protest.

E. A contract is not effective prior to final award being made by the State; some contracts may be subject to Legislative review prior to final award.

1.6 CLARIFICATION OF SOLICITATION

A. Submit questions regarding this Solicitation via the Solicitation posting in ARBuy by 3:00 p.m. Central

Time on or before October 10, 2023.

1. For each question submitted, Prospective Contractor should reference the specific Solicitation item number to which the question refers, as applicable.

2. Prospective Contractors’ written questions will be consolidated and answered by the State as deemed appropriate. The State’s consolidated written response is anticipated to be posted to the

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Solicitation posting in ARBuy by the close of business on October 11, 2023. If Prospective Contractor questions are unclear or non-substantive in nature, the State may request clarification of a question(s) or decline to answer.

B. The Prospective Contractor should notify the TSS OSP Procurement Specialist of any term, condition, etc., that precludes the Prospective Contractor from submitting a Responsive Bid.

Prospective Contractors should note that it is the responsibility of the Prospective Contractor to seek resolution of all such issues, including those relating to the terms and conditions of the contract, prior to the submission of a bid.

C. Prospective Contractors may contact the TSS OSP Procurement Specialist with non-substantive questions at any time prior to the bid opening.

D. An oral statement by TSS OSP will not be part of any contract resulting from this Solicitation and may not reasonably be relied on by any Prospective Contractor as an aid to interpretation unless it is reduced to writing and expressly adopted by TSS OSP.

1.7 RESPONSE DOCUMENTS

A. All bids must be submitted through ARBuy, the State’s eProcurement system. The system can be accessed at arbuy.arkansas.gov.

1. Prospective Contractors must be registered in ARBuy to submit bids.

B. Bid Response Packet

1. Prospective Contractors shall utilize the Bid Response Packet attached to the Solicitation in ARBuy to submit their bids.

2. The following are bid submission Requirements and must be submitted as part of a Prospective Contractor’s bid.

a. Signed Bid Signature Page; signature may be ink or digital.

b. Completed Bid Response Packet, which must be in English.

c. Completed pricing response in ARBuy.

i. Pricing must be proposed in U.S. dollars and cents.

ii. Quantities stated are estimates only and are not guaranteed. Prospective Contractor must bid unit price on the estimated quantity and unit of measure specified.

• The State may order more or less than the estimated quantity on term contracts, and the Contractor shall sell to the Department quantities ordered at no more than the bid price.

iii. If pricing documents do not allow for accurate pricing, Prospective Contractor should notify the TSS OSP Procurement Specialist at least seventy-two (72) hours before the bid opening time.

iv. Prices must be firm offers and adjustments may be negotiated at the time of contract renewal.

• A request for a price increase must include supporting documentation demonstrating that the increase in contract price is based on an increased cost to the Contractor and that the proposed pricing is still competitive in the marketplace. The Department has the right to approve or deny any request for a price adjustment.

v. Discount from list bids pricing is not acceptable unless requested elsewhere in the Solicitation.

vi. State and local sales taxes should not be included in the bid price. Trade discounts should be deducted from the unit price and the net price should be shown in the bid.

https://arbuy.arkansas.gov/

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d. Copy of Prospective Contractor’s Equal Opportunity Policy

i. Pursuant to Arkansas Code Annotated § 19-11-104, OSP requires a Prospective Contractor bidding on a state contract to submit a copy of the Prospective Contractor’s Equal Opportunity (EO) Policy. Prospective Contractors not required by law to have an EO Policy must submit a written statement to that effect.

3. The following items, which must be submitted prior to a contract award to the Prospective Contractor, may also be included with the Prospective Contractor’s bid response:

a. EO 98-04 Contract & Grant Disclosure Form (see SRV-1).

b. Liability Insurance.

4. Prospective Contractors should not include any other documents or ancillary information, such as a cover letter or promotional marketing information.

C. Prospective Contractors should not alter any language in Solicitation document(s) provided by the State.

D. Prospective Contractors’ bids cannot be altered or amended after the bid opening except as permitted by law or rule.

E. As requested, Prospective Contractors shall provide clarification regarding Prospective Contractor’s bid response.

F. Prospective Contractors may submit multiple bids.

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SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 CONTRACTOR RESPONSIBILITIES

A. Contractor shall report directly to the Forestry Supervisor.

B. Contractor shall furnish the necessary resources, to include, but is not limited to, airplanes, pilots, mechanics, lease payment of airport hangers, meals, lodging, and all incidentals needed to meet the requirements as outlined in this IFB.

C. Contractor shall provide transportation to move personnel and equipment when moving to different airports due to an escalation of fire activity in any area within the State of Arkansas.

D. Contractor shall provide direct supervision of the aircrafts and Pilot-In-Command.

E. Contractor shall maintain professional conduct and behavior while performing the duties of any resulting contract.

F. Contractor shall notify the Forestry Supervisor of any additions or deletions of pilots, aircrafts, or mechanics. Approval must be received by the Forestry Supervisor prior to performing any work.

G. Contractor shall provide a list of all pilots that meet the specifications within this IFB, by name and certification level. (See page 4 of the Bid Response Packet.)

H. If the Contractor has one (1) or two (2) aircrafts and or pilots unavailable for ten (10) or more days during the exclusive use periods or when SEAT’s have been activated on a call when needed basis, Forestry has the option to cancel the contract.

2.2 EXCLUSIVE USE REQUIREMENTS

A. Contractor’s airplanes and pilots shall be available during two (2) exclusive use periods and must not be used for any other purpose during the periods listed below unless it is mutually agreed upon to be beneficial to both parties:

1. August 1 at 12:00 a.m. Central Time through November 30 at 11:59 p.m. Central Time.

2. January 1 at 12:00 a.m. Central Time through April 30 at 11:59 p.m. Central Time.

B. Forestry will determine the start date of each exclusive use period and serve the Contractor with a minimum one (1) week notice prior to each start date.

C. The approximate total number of days for the exclusive use periods should not change.

1. Sixty (60) consecutive days between August 1 at 12:00 a.m. Central Time through November 30 at 11:59 p.m. Central Time.

2. Sixty (60) consecutive days between January 1 at 12:00 a.m. Central Time through April 30 at 11:59 p.m. Central Time.

D. Contractor shall have the following minimum number of aircrafts and pilots available throughout the exclusive use periods:

1. Two (2) aircrafts and two (2) pilots for the January – April exclusive use period.

2. Two (2) aircraft and two (2) pilots for the August – November exclusive use period. During this exclusive use period, an additional aircraft must be made available with one (1) weeks’ notice given by Forestry to the Contractor.

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E. Forestry may request the Contractor’s pilots and aircrafts to be available for fire suppression services outside the exclusive use periods, or additional aircraft and pilots during exclusive use periods on call/when needed, subject to Contractor availability. No penalty will be incurred by the Contractor if pilots and aircrafts are not available during these times.

2.3 PILOT REQUIREMENTS

A. Pilots shall meet the following requirements and must provide documentation when requested by the Forestry Division.

1. Possess a FAA commercial pilot certificate with instrument rating.

2. Possess a Class II medical certificate issued under provisions of 14 CFR Part 67.

3. Possess category and class ratings in aircraft to be flown.

4. Meets 61.56 a, b, and c, and "recent flight experience Pilot-In-Command" of 14 CFR 61.57c.

5. Possess a FAA approved knowledge and skill endorsement in their logbooks stating they have met the requirements of 14 CFR 137.

6. Be night qualified as documented in the pilot’s logbook.

B. A current DOI/USFS Level I or Level II card that is documented in the pilot’s logbook will meet the pilot requirements and specifications as stated above. The Contractor shall provide a copy of the DOI/USPS Level I or Level II card when requested by the Forestry Division.

C. Pilots shall meet the minimum aircraft experience in flight hours and must provide documentation when requested by the Forestry Division:

1. Total flight hours in aircraft: 1500-flight hours.

2. Fixed wing aircraft: 1200-flight hours.

3. Agricultural aircraft with a 600-horsepower or more engine: 200-flight hours.

4. Pilot-In-Command aircraft: 25-flight hours.

5. Pilot-In-Command flight hours within the last 12-months: 100-flight hours.

6. Flight time within the last 60-days: 10-flight hours.

7. Flight time over Arkansas type landscape (mountains, trees): 200-flight hours.

2.4 FLIGHT TIME REQUIREMENTS

A. Flight time must be measured from the time the aircraft commences its takeoff run on an ordered flight, and ends when the aircraft has taxied to parking, loading, refueling, or warm-up operations area.

B. Elapsed time must be recorded in hours and hundredths of hours. (i.e. 1.25 hours).

2.5 READINESS LEVELS AND RESPONSE TIME DURING EXCLUSIVE USE PERIODS

A. Forestry will determine the Readiness Level of aerial firefighting resources needed from the Contractor for each day of the exclusive use period.

• If the aircraft is not launched, Forestry will pay the Contractor the hourly bid rate times the minimum flight hours for the applicable Readiness Level.

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• If the aircraft is launched and flies more than the minimum flight hours, Forestry will pay the Contractor the total hours flown times the hourly bid rate for the applicable Readiness Level.

• If the aircraft is launched and flies less than the minimum flight hours, Forestry will pay the Contractor the minimum flight hours times the hourly bid rate for the applicable Readiness Level.

1. Readiness Level IV

a. Response time: Pilots and aircrafts must launch within five (5) minutes of receiving a call from Forestry.

b. Minimum daily payment per aircraft will be calculated by using 1.20 hours x hourly bid rate.

c. Aircrafts must be stationed at an airport other than the Base of Operations. Forestry will determine which airport will be used depending on where the majority of fires are occurring at the time resources are needed.

d. Aircrafts must be loaded with retardant, water, or foam during on-going fires.

e. Contractor shall be responsible for cost of meals, lodging, and transportation, etc.

2. Readiness Level III

a. Response time: Pilots and aircrafts must launch within five (5) minutes of receiving a call from Forestry.

b. Minimum daily payment per aircraft will be calculated by using 1.00-hour x the hourly bid rate.

c. Aircrafts must be stationed at the Base of Operations airport.

d. Aircrafts must be loaded with retardant, water, or foam during on-going fires.

3. Readiness Level II: Off-Duty

a. Response time: Pilots and aircrafts must be available to meet Readiness Level III or IV within two (2) hours of receiving a call from Forestry.

b. Minimum daily payment per aircraft will be calculated by using 0.85 hours x the hourly bid

c. Contractor shall be responsible for cost of meals, lodging, and transportation, etc.

4. Readiness Level I: Unavailability

a. Services must be recorded as unavailable whenever the Contractor fails to comply with the requirements as specified within this IFB, including preparation for inspection and return to service.

b. Services must continue to be recorded as unavailable until the failure is corrected.

c. Contractor shall notify Forestry of the exact date and time the aircraft is removed from service.

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d. No payment shall be made for aircraft in Level I: Unavailable.

2.6 SAFETY EQUIPMENT

A. Contractor shall furnish, aboard the plane, the following safety equipment for each pilot:

1. A properly fitted crash helmet with headset and boom microphone.

2. A safety belt and shoulder harness which must always be worn by the pilot when operating the aircraft for the purpose of flight.

3. A fire extinguisher securely mounted in each aircraft within easy reach of the pilot.

4. Fire retardant flight suit properly fitted to the pilot.

5. An emergency locator transmitter (ELT).

2.7 FAA CERTIFIED MECHANIC

A. Contractor shall provide a minimum of one (1) certified mechanic and list the information on page 4 of the Bid Response Packet.

B. Mechanic shall possess a valid FAA mechanic certificate with both airframe and power plant ratings.

C. Mechanic shall have maintained the certificate for a minimum of twenty-four (24) months.

D. Contractor shall provide a copy of a valid FAA mechanic certificate, when requested by the Forestry

Division.

2.8 AIRCRAFT REQUIREMENTS

A. Aircrafts must be capable of direct or indirect application of fire retardant, foam, or water on forest fires and be highly mobile, capable of rapid response.

B. Aircrafts may be owned, rented, or leased by the Contractor.

C. Aircrafts must be certified in the Restricted Category under 14 CFR 21.185 for the special purpose of performing fire suppression work.

D. Aircrafts must include the Flight Manual Procedures for retardant drops.

E. Aircrafts logbook must be in compliance with 100-hour and annual inspections.

F. Aircraft engines operated past Time Between Overhaul (TBO) must not be used.

G. Aircrafts must have a hopper with a minimum capacity of 550-gallons of fire retardant with an

Interagency Approved Gate (IAG).

H. Aircrafts must have a minimum fuel endurance of 2.5 hours with a full load. In addition, the aircraft must have the following instrumentation installed:

1. Gyroscopic rate of turn indicator.

2. Slip/skid indicator.

3. Gyroscopic compass.

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4. Rate of climb indicator.

5. Navigation and strobe lights.

I. Contractor shall provide a list of all aircrafts that meet the specifications within this IFB, by make, model, N number, Tanker number, and hopper capacity. (See page 4 of the Bid Response Packet.)

J. A current DOI/USFS Type III card must be located inside the aircraft and must meet the aircraft requirements and specifications as stated above. The Contractor shall provide a copy of the DOI/USPS card when requested by the Forestry Division.

2.9 AVIONICS REQUIREMENTS

A. Each aircraft must have at least one (1) navigation receiver such as a GPS. The receiver must be capable of accepting latitude/longitude coordinates for navigating to fire locations. Minimum accuracy must be 600-feet with 60-feet repeatable accuracy.

B. Aircrafts operating in airspace defined in 14 CFR § 91.225 must have an Automatic Dependent

Surveillance – Broadcast (ADS-B) system that includes a certified position source capable of meeting requirements defined in 14 CFR § 91.227.

2.10 COMMUNICATION REQUIREMENTS

A. Each aircraft must have the following communications requirements:

1. Two (2) AM aviation transceivers.

2. One (1) AM aviation radio.

3. One (1) FM radio capable of 138-174 MHz narrow band and digital tone capable with a switching system must enable the pilot to switch to or monitor either radio.

B. Radios must be operated by a stick-mounted mike switch incorporating a headset and boom mike capable of being worn in conjunction with a crash helmet.

C. Aircrafts must be equipped with "Spider Tracks" flight following transponders and be operable with a current "Spider Tracks" subscription.

2.11 FIRE GATE BOX AND TANK REQUIREMENTS

A. Each aircraft must have an approved Interagency Airtanker Board (IAB) type 3 drop gate box with a minimum flow rate of 480-gallons per second.

B. Tank must have a controllable gate/door system that allows the volume of the water to be released in selected drop configurations including full salvo, reduced flow/extended trail, or partial tank (split) drops.

C. Tank must be vented to allow the contents to flow through the fire gate. The emergency dump system must isolate the pneumatic or hydraulic emergency system including lines, hoses, and actuators so that function or failure of the normal system does not affect the function of the emergency systems.

D. Fire gate opening and closing control may be mechanical, hydraulic, or pneumatic, or a combination.

E. Fire gates approved by the IAB must meet the fire gate specifications. All other gates must be approved by Forestry.

F. Operating systems or mechanisms must be installed in accordance with a FAA – authorized Supplemental Type Certificate, cam 8, or field approval.

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G. Equipment must be maintained in accordance with the standard practices and procedures specified in FAA Advisory Circular 43.13-1A.

H. Aircrafts must be able to inject foam into the hopper while in flight.

2.12 FIRE RETARDANT CHEMICALS

A. Forestry will make the decision when to use fire retardant chemicals and which chemicals will be used.

B. Forestry may waive the 550-gallon minimum fire-retardant requirement when using chemicals that conform to aircraft weight and balance limitations. This will keep the aircraft from being overweight, as chemicals have various weights.

2.13 WATER SUPPLY

A. Contractor shall provide female fittings for each aircraft and the fittings must be compatible with a 1- 1/2-inch fire hose connections.

B. When reloading away from the Base of Operations, water, pumping equipment, and associated personnel will be provided by the local volunteer fire departments at no additional cost to the Contractor.

C. Contractor shall not be held accountable due to inadequate water supply at the reload base.

D. Contractor shall provide personnel to supervise loading of water.

E. The loading supervisor can also be the Pilot-In-Command.

F. Forestry will provide the necessary orientation and training to volunteer fire departments on procedures and following directions of the loading supervisor.

2.14 SUPPORT/SERVICE VEHICLE

A. Contractor shall provide one (1) full support/service vehicle per two aircraft when SEAT’s are stationed at an airport, other than their Base of Operations, for more than twenty-four (24) hours.

B. Support/service vehicle must contain a portable retardant mixing base, fuel tank for aircraft fuel, plus all other tools and equipment to support the aircraft.

C. Vehicles must be capable of carrying retardant products, water, fuel, tools, parts, and other items to support the aircraft while at an airport other than the Base of Operations for more than twenty-four

(24) hours.

D. Batch mixing capability must be equal to the volume of the aircraft hopper. (i.e. 550-gallons or 800-gallons).

E. Vehicles must be approved for highway use by the U.S. Department of Transportation.

F. Fuel tanks, plumbing, filters, and other required equipment should be free of rust, scale, dirt, and other contaminants.

G. Vehicles must be maintained, clean, and reliable.

2.15 AIRPORT REQUIREMENTS

A. Contractor shall be responsible for leasing any of the following airports as their Base of Operations based on fuel availability, location in the affected area, airport environment, and minimum runway length.

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• Malvern Municipal Airport located in Malvern, Arkansas

• Memorial Field Airport located in Hot Springs, Arkansas

• Dexter B. Florence Memorial Field located in Arkadelphia, Arkansas

• Saline County Regional Airport located in Benton, Arkansas

• Sheridan Municipal Airport located in Sheridan, Arkansas

• Fordyce Municipal Airport located in Fordyce, Arkansas

B. Airports in congested areas or airports which are determined to have hazardous approach and departure conditions must not be selected (i.e. North Little Rock Municipal Airport located in North Little Rock, Arkansas and Bill and Hillary Clinton National Airport located in Little Rock, Arkansas;

(f/k/a Little Rock Municipal Airport).

2.16 ADMINISTRATION PERSONNEL

A. Forestry Supervisor

1. Forestry will assign one Supervisor who will be responsible for coordinating all issues concerning the contract, which may include Readiness Levels, payment of invoices, or any other matters relating to this IFB, with the Contractor.

2. The Supervisor will monitor and evaluate the Contractor for the effective performance of all operations and requirements of firefighting activities as specified within this IFB.

3. The Supervisor will be the Contractor’s contact on all matters concerning safety and policy.

Contract compliance, issues, and resolutions will be handled by the Supervisor.

4. Forestry Ground Personnel and Air Attack supervisor will critique and evaluate the retardant drops performed by the Contractor’s pilots.

B. Forestry Aviation Manager

1. The Aviation Manager will approve the Contractors’ qualifications at the beginning of each exclusive use periods and at any time a “call when needed” use begins. Qualifications can mean pilot certification, aircraft performance, and personnel qualifications.

2. The Aviation Manager will approve each aircraft individually in writing at the beginning of each exclusive use periods and at any time a “call when needed” use begins.

3. The Aviation Manager will monitor and evaluate the Contractor regarding compliance of FAA rules and regulations and for the effective performance of all operations and requirements as specified within this IFB.

2.17 OPERATION REQUIREMENTS

A. Contractor shall operate in accordance with the approved FAA operating certificate under 14 CFR

137. This includes all provisions of 14 CFR 91 Visual Flight Rules (VFR) daytime FAR 91.151 and

91.209. Exceptions and additional procedures are listed below:

1. In-route operations must be conducted under 14 CFR 91, including compliance with minimum safe altitude requirements of 91.119. The only exception will be the retardant drop, which may be completed in compliance with limitations provided in 14 CFR 137.

2. Retardant drop must be completed in accordance with the FAA approved flight manual procedure.

3. Minimum retardant drop height must be 60-feet above ground cover.

4. Retardant drops must be as accurately as possible on the target area of the fire. Accuracy of retardant drops are usually placed, 25% of drop inside the burn area, and 75% just outside the

S000000280 Page 13 of 18 burn area. Forestry air and ground personnel shall determine if the accuracy drops are acceptable.

5. The Pilot-In-Command shall be required to determine whether a drop can be accomplished safely. This includes decisions regarding safety of flight such as obstructions, visibility, aircraft performance, and persons and property on the ground. If for any reason the Pilot-In-Command determines a drop is unsafe, it is their responsibility to refuse the drop.

6. In many cases the initial attack will require the Contractor’s pilot to make the decision alone when

Forestry’s authorized airborne or Ground Personnel are not available. It shall be the pilot’s responsibility to determine the most effective drop location.

7. When Forestry’s authorized airborne or Ground Personnel are assigned and in charge of the wildfire, the drop location must be determined by them; however, this does not preclude the Contractor’s pilot’s responsibility of whether the drop can be safely completed as noted above.

8. Aircraft strobe and navigation lights must be on and operating during fire suppression activities.

9. Flights must be conducted under Visual Flight Rules (VFR) operating rules and in compliance with airport traffic pattern procedures.

10. Pilots shall have in their possession a current aeronautical chart appropriate to the prescribed area.

11. Pilots shall possess and use a kneeboard.

12. Pilots shall be prohibited from formation flying.

13. Flight manuals must be in the aircraft at all times during fire suppression operations.

14. Passengers must not be allowed during fire suppression flights.

15. Dual cockpit aircrafts are allowed for a second person during training purposes only and must be authorized by the Pilot-In-Command.

16. Contractor shall provide a copy of the company training plan for aerial fire suppression, when requested by the Forestry Division.

2.18 TRAINING AND DEMONSTRATION

A. Forestry will provide training to the Contractor on the topics listed below. Training(s) will be held at the Base of Operations at the beginning of any SEAT’s exclusive use periods.

1. Ground Training Fire Behavior

a. Four-hour ground school training on wildland fire behavior, terminology, fire-fighting tactics, and effects of weather and fire-fighting safety, or the Computer Base Training (CBT) as provided by the U.S. Department of Interior.

b. Briefing on Forestry’s policy and guidelines.

c. Briefing and discussion of the aerodynamic effects on aircraft during rapid release of liquid retardant.

d. Briefing and instructions on Forestry’s communications procedures.

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Note: Forestry will reimburse the Contractor for the required ground training of pilots at 0.85 x hourly bid rate, per hour of training.

B. Contractor shall provide demonstrations on these topics:

1. In-Flight Demonstrations

a. Four (4) retardant drops, per pilot, will be observed by Forestry for accuracy and a minimum of 60-feet drop height above ground cover.

b. One (1) free retardant drop, per pilot, from a safe altitude for familiarization with "pitch up" tendencies of the aircraft to be flown.

c. Three (3) retardant drops at a location selected by Forestry on simulated wildland fires.

Note: Forestry will reimburse each plane per hour for in-flight demonstrations at Level II pay

C. Training and demonstrations must be completed by all the Contractor’s pilots at a place and time mutually agreed upon between Forestry and the Contractor.

D. Fire suppression activity must begin after successful training and demonstrations are completed by the Contractor’s pilots and have written approval from the Aviation Manager.

E. A current DOI/USFS Level I or Level II card issued to the pilot will allow the pilot to be exempt from the training and demonstrations listed above.

2.19 CERTIFICATE REQUIREMENTS

Contractor shall provide a copy of a valid agricultural operator’s certificate under 14 CFR 137, when requested by the Forestry Division. Operations conducted under any resulting contract must be in compliance with FAR 137.

2.20 INSURANCE REQUIREMENTS

A. Contractor shall provide proof of insurance, when requested by the Forestry Division and/or TSS OSP in the following amounts listed below.

1. Liability insurance with a minimum $2,000,000.00 limit and $200,000.00 per person occurrence.

2. Workers’ compensation on pilots and employees.

B. The policy or binder must specifically indicate coverage for airborne fire suppression. In addition, the policy should name the Arkansas Department of Agriculture – Forestry Division as an additional insured.

2.21 PERFORMANCE STANDARDS

A. State law requires that contracts for services include Performance Standards for measuring the overall quality of services that a Contractor shall provide.

B. The State may be open to negotiations of Performance Standards prior to contract award, prior to the commencement of services, or at times throughout the contract duration. Table A: Performance Standards identifies expected deliverables, performance measures, or outcomes; and defines the acceptable standards.

C. Performance Standards shall not be amended unless they are agreed to in writing and signed by the parties.

D. Failure to meet the minimum Performance Standards as specified will result in the assessment of damages.

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E. In the event a Performance Standard is not met, the Contractor will have the opportunity to defend or respond to the insufficiency. The State has the right to waive damages if it determines there were extenuating factors beyond the control of the Contractor that hindered the performance of services. In these instances, the State has final determination of the performance acceptability.

F. Should any compensation be owed to the Department due to the assessment of damages, the Contractor shall follow the direction of the Department regarding the required compensation process.

TABLE A: PERFORMANCE STANDARDS

Criteria Standard Damages

Response Time for Readiness Levels III and IV during exclusive use periods.

Five (5) minutes response time for Readiness Levels III and IV during exclusive use periods.

5% reduction in hourly rate if response time is not met within 5-minutes.

10% reduction in hourly rate if response time is not met within six (6) to ten (10) minutes.

20% reduction in hourly rate if response time is not met within eleven (11) to fifteen

(15) minutes.

50% reduction in hourly rate if response time is after fifteen (15) minutes.

If the response time is continually over fifteen (15) minutes , the contract may be cancelled at the discretion of the Forestry Division

Exclusive Use Periods

100% compliance during exclusive use periods.

Contract may be cancelled at the discretion of the Forestry Division.

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SECTION 3 – SOLICITATION TERMS AND CONDITIONS

3.1. ACCEPTANCE OF REQUIREMENTS

A. A Prospective Contractor’s past performance with the State may be used to determine if the

Prospective Contractor is responsible (OSP Rule R1:19-11-235).

1. Bids submitted by Prospective Contractors determined to be non-responsible will be rejected.

B. A single Prospective Contractor must be identified as the prime contractor.

1. The prime Contractor shall be responsible for the resulting contract and jointly and severally liable with any of its affiliates or agents to the State for the performance thereof.

C. By submitting a bid, the Prospective Contractor represents and warrants:

1. That the prices in the bid have been arrived at independently, without any collusion with another competing Prospective Contractor.

a. Collusion violates Arkansas Procurement Law and can lead to suspension, debarment, and can be referred to the Attorney General’s officer for investigation and appropriate legal action (Arkansas Code Annotated § 19-11-240 and 19-11-245).

2. That the Prospective Contractor has not retained a person to solicit or secure the resulting contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the Prospective Contractor for the purpose of securing business.

D. Qualifications, services, and commodities must meet or exceed the required Specifications as set forth in the Solicitation.

3.2. GENERAL TERMS AND CONDITIONS

A. The Contractor must be registered as a vendor to receive payment and may register online by visiting ark.org/contractor/index.html and clicking the Start Here button.

B. Pursuant to Arkansas State Procurement Law, the Contractor shall certify that, unless they offer to provide the goods or services for at least twenty percent (20%) less than the lowest certifying Prospective Contractor:

1. They are not engaged in and shall not, during the aggregate term of the resulting contract, engage in a boycott of Israel (Arkansas Code Annotated § 25-1-503),

2. They are not engaged in and shall not, during the aggregate term of the resulting contract, engage in a boycott of an Energy, Fossil Fuel, Firearms, or Ammunition Industry (Arkansas Code Annotated § 25-1-1102).

C. The Contractor shall invoice the State as required by the Department and should not invoice the State in advance of delivery and acceptance of any commodities or services (Arkansas Code Annotated § 19-4-1206).

1. The Contractor should invoice the agency by an itemized list of charges. The Department’s purchase order number and/or the contract number should be referenced on each invoice.

2. Payment will be made in accordance with applicable State of Arkansas accounting procedures upon acceptance of commodities and services by the Department.

3. Payment will be made only after the Contractor has successfully satisfied the Department as to the reliability and effectiveness of the commodities or services purchased as a whole.

D. The Contractor should be able to accept the State’s authorized VISA Procurement Card (p-card) as a method of payment. Price changes or additional fee(s) must not be levied against the State when accepting the p-card as a form of payment.

https://www.ark.org/contractor/index.html

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E. This IFB incorporates all terms of the Services Contract (SRV-1) Fillable Form (found here).

1. The contract template is attached to the Solicitation in ARBuy as a sample for your information only.

2. A Prospective Contractor’s bid may be rejected if a Prospective Contractor takes exception to any terms, conditions, or Requirements in this IFB.

F. Prospective Contractor agrees and shall adhere to all terms, conditions, and Requirements if selected as the Contractor.

1. Items may only be modified if the legal requirement is satisfied and approved by the State during negotiations.

3.3. MINORITY AND WOMEN-OWNED BUSINESS

A. A minority-owned business is defined by Arkansas Code Annotated § 15-4-303 as a business owned by a lawful permanent resident of this State who is:

• African American

• American Indian

• Asian American

• Hispanic American

• Pacific Islander American

• A Service-Disabled Veteran as designated by the United States Department of Veteran Affairs

B. A women-owned business is defined by Act 1080 of the 91st General Assembly Regular Session 2017 as a business that is at least fifty-one percent (51%) owned by one (1) or more women who are lawful permanent residents of this State.

C. The Arkansas Economic Development Commission conducts a certification process for minority-owned and women-owned businesses. If certified, the Prospective Contractor’s Certification Number should be included on the Bid Signature Page.

3.4. PROPRIETARY INFORMATION

A. The release of public records is governed by the Arkansas Freedom of Information Act (Arkansas

Code Annotated § 25-19-101 et. seq.).

B. Submission documents pertaining to the Solicitation become the property of the State and may be subject to the Arkansas Freedom of Information Act (FOIA).

C. In accordance with FOIA, and to promote maximum competition in the State competitive sealed bidding, the State may maintain the confidentiality of certain types of information described in FOIA.

Such information may include trade secrets and other information exempted from public disclosure pursuant to FOIA.

D. Under no circumstances will pricing information submitted in response to an invitation for sealed bids be designated as confidential after the sealed bids have been opened.

E. Consistent with and to the extent permitted under FOIA, any Prospective Contractor may designate appropriate portions of a bid as confidential by submitting a redacted copy of the bid. By so redacting any information contained in the bid, the Prospective Contractor warrants that, after having received such necessary or proper review by counsel or other knowledgeable advisors, it has formed a good faith opinion that the portions redacted are not considered public records under FOIA.

F. If a Prospective Contractor deems part of the information contained in a response not to be a public record, the Prospective Contractor should submit one (1) complete copy of the submission documents from which any proprietary or confidential information has been redacted in their bid response. Except for the redacted information, the redacted copy must be identical to the original copy, reflecting the same pagination as the original and showing the space from which information was redacted.

G. The Prospective Contractor is responsible for identifying all proprietary information and for ensuring the electronic copy is protected against restoration of redacted data.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.transform.ar.gov%2Fwp-content%2Fuploads%2FServices-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf&data=05%7C01%7Cbrandi.schroeder%40arkansas.gov%7C9a1a244ccb3c41e3116e08db39ea4a05%7C5ec1d8f0cb624000b3278e63b0547048%7C0%7C0%7C638167450648138830%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=vJT2HAmMqM7FwUbkgVGtr%2B%2FlT%2B8b43e9Zz0oayZPGiY%3D&reserved=0

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H. The redacted copy will be open to public inspection under the FOIA without further notice to the Prospective Contractor. If the State deems redacted information to be subject to a public record request under FOIA, the State will endeavor to notify the Prospective Contractor prior to release of the redacted record.

I. The State has no liability to a Prospective Contractor with respect to the disclosure of Prospective Contractor’s confidential or proprietary information ordered by a court of competent jurisdiction pursuant to FOIA or other applicable law.