Solicitation - 12569R26Q7022.pdf

12569R26Q7022

Resource Categories Accepted by this Solicitation Passenger Vehicle

SUV

Truck

Pickup Type 1 Pickup Type 2 Pickup Type 3 Stakeside Type 1 Stakeside Type 2 Stakeside Type 3

Section B - Introduction

B.1 -- | BACKGROUND

(a) The intent of this solicitation is to obtain services described in D.1 Scope of Agreement for Local, Regional, and Nationwide fire suppression, all-hazard incidents, and prescribed fire project work .

(b) The Blanket Purchase Agreements resulting from this Request for Quote (RFQ) may be used by multiple State and Federal wildland fire agencies.

(c) Exhibit H contains special contract requirements, to include an open season on-ramping process being initiated by the Government to ensure adequate resources are available to meet its need.

B.2 -- | CONTRACT TYPE AND DOLLAR LIMITATIONS

(a) This solicitation will result in multiple agreements. The dollar limitation for any individual order is the Simplified Acquisition Threshold (SAT). Since the needs of the Government and availability of Contractor's resources during an emergency cannot be determined in advance, it is mutually agreed that, upon request of the Government, the Contractor shall furnish the resources listed herein to the extent the Contractor is willing and able at the time of order. Due to the sporadic occurrence of Incident activity, the placement of any orders IS NOT GUARANTEED.

(b) Proposed rates shall include, but are not limited to, labor (as required), equipment, operating supplies, materials, State and Federal taxes (including workers' compensation costs), insurance coverage, transportation costs, overhead, and profit, and any costs/fees necessary to ensure equipment/operators/crews meet(s) the specified standards. As required by the agreement, any costs associated with a contractor provided support truck for fuel, maintenance, and operator transportation; delivery/setup/takedown, mobilization/demobilization, power generation, and a Contractor's representative attendance at the operational period briefings should also be included. Contractors shall comply with the 2:1 work/rest ratio as outlined in the NWCG Standards for Interagency Incident Business Management (Work/Rest Guidelines). When working an average of more than 16 hours, for the duration of the incident, a Contractor may request to negotiate an equitable adjustment through the Procurement Unit Leader or Contracting Officer. Shifts exceeding 16 hours shall be approved by the Incident Commander.

(c) Resources furnished under this agreement may be operated and subjected to extreme environmental and/or strenuous operating conditions which could include but is not limited to unimproved roads, steep, rocky, hilly terrain, dust, heat, and smoky conditions. As a result, by entering into this agreement, the contractor agrees that what is considered wear and tear under this agreement is in excess of what the resource is subjected to under normal operations and is reflected in the rates paid for the resource.

B.3 -- | BASIS OF AWARD

(a) The Government will award a sufficient number of I-BPAs anticipated to meet incident resource needs resulting from this solicitation to responsible quoters whose quotes conforming to the solicitation will be advantageous to the Government, price and other factors considered. The number of I-BPAs awarded will be determined based upon historical usage and other relevant data such as predictive services information, available personnel to administer agreements, etc. The USFS will determine annually whether it is in the Government's best interest to initiate an open season on-ramping process to add additional Contractors and/or resources during the annual Contracting Officer (CO) review period noted in Section C.3.1.

(b) Awards to a Government employee or to a business concern or other organization owned or substantially owned or controlled by one or more Government employees is prohibited (FAR Subpart 3.6). Public law (18 U.S.C. 208) is additionally established to avoid conflicts of interest between employees’ interests and their Governmental duties.

Casuals hired under the Administratively Determined (AD) Pay Plan shall avoid decisions or recommendations to include, but not limited to: supervision, hiring, ordering, or recommending payments that directly or indirectly affect a company or contractor the casual has any ownership or employment with or for that company or contractor assigned to an incident (NWCG Standards for Interagency Incident Business Management – PMS 902).

(c) Awards to a Government Entity are prohibited. A quote received from a vendor with a SAM registration business type of U.S. Government Entity will not receive an award.

See Intergovernmental Cooperation Act of 1968, Pub. L. No. 90-577, 82 Stat. 1098 (Oct. 16, 1968), codified at 31 U.S.C. §§ 6501–6508.

(d) The following factors shall be used to evaluate quotes:

(1) Operational acceptability of equipment/resource offered to meet the Government requirement

(2) Price reasonableness

(3) Past performance dependability risk

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

(f) Price reasonableness may be based upon competition, government estimates, commercial pricing, historical data, etc.; generally, reasonable pricing that is low will result in higher dispatch priority.

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

(h) I-BPAs will be awarded only to quoters with:

(1) reasonably priced resources

(2) operationally acceptable resources

(3) a low or unknown performance risk

(i) The notice of award will be electronically mailed to the vendor's email address as provided in VIPR Next Gen.

B.4 -- | MULTIPLE RESOURCE CATEGORIES/TYPING

A single resource may be awarded under multiple resource categories and/or typing. However, the same Dispatch Center must be selected for the single resource. In addition, nationally only one award will be made for a resource within each category and/or type. The Contractor may choose to respond to solicitations from multiple geographic areas; but upon acceptance of an offer of award, all other offers for that resource category and/or type will be ineligible for award. Prospective quoters are cautioned to carefully consider the solicitations to which they respond.

B.5 -- | UNRESTRICTED

(a) I-BPA solicitations will be set-aside for small business concerns unless market research indicates a need to advertise on an unrestricted basis (i.e. there are not enough small business concerns to meet anticipated needs). If Block 10 of the SF-1449 is checked "unrestricted":

(1) Multiple awards of I-BPAs resulting from this solicitation will be made to responsible business concerns.

(2) Priority ranking for dispatch will be determined by the method described in D.6.2; no advantage will be given for business size or status in an unrestricted solicitation.

B.6 -- | SOCIOECONOMIC STATUS ADVANTAGE APPLICABLE TO DPL RANKING

(a) Multiple awards of I-BPAs resulting from this solicitation will be made on a competitive basis to responsible small business concerns.

(b) Priority ranking for dispatch will be determined by applying a 5% advantage (to the method described in D.6.2) for each socioeconomic category (other than small business) checked in Block 10 of the SF-1449. A vendor meeting multiple targeted socioeconomic categories will receive multiple percentage points with a cap of 10%; for example, if HUBZone, Service-Disabled Veteran-Owned, and 8(A) are all checked in Block 10 and a vendor qualifies as all three then the advantage will be 10% for purposes of Dispatch Priority List placement.

B.7 -- | SUMMARY

(a) The Contractor shall:

(1) Submit a quote in the Virtual Incident Procurement (VIPR) Next Gen System. See E.1 52.212-1 Instructions to Offeror in Section E, found under the heading "SECTION E -- SOLICITATION PROVISIONS" at https://usda-

. Online help can be found within the application, at the forestserviceprod.appianportals.com/vendor-management bottom of the page under "Getting Help".

(2) VIPR Next Gen Vendor Application

(i) This solicitation requires vendors to submit their quotes using the VIPR Next Gen Vendor Application.

(ii) To access the VIPR Net Gen Vendor application, go to https://www.fs.usda.gov/business/incident/vendorapp.php

(iii) You will find:

(A) A link to log into the VIPR Next Gen Vendor Application.

(B) Information and instructions specific to the Vendor Application.

(3) Contractors shall register and update information in the System for Award Management (SAM). As a part of their SAM information, they shall complete online Representations and Certifications within SAM at https://sam.gov.

IMPORTANT: Your account being active in SAM is directly related to you being able to receive payment for any orders received. If you do not update the Entity Management information at least once every 365 days, the registration becomes in-active.

(b) If you are new to Federal sector contracting or need other assistance with regards to placing a quote under this

12569R26Q7022 https://usda-forestserviceprod.appianportals.com/vendor-management https://usda-forestserviceprod.appianportals.com/vendor-management https://www.fs.usda.gov/business/incident/vendorapp.php solicitation, contact APEX Accelerators. Locations of APEX Accelerators and other valuable information on contracting with the Government may be found at: https://www.apexaccelerators.us/#/.

(c) NOTE: The Virtual Incident Procurement (VIPR) Next Gen System will be used by the Forest Service for all pre-season incident procurements. In order to respond to solicitations issued through VIPR Next Gen, Vendors must use Login.gov to access USDA eAuth protected applications. Login.gov is a shared service and trusted by government agencies. In addition to your password, Login.gov requires that you set up at least one authentication method to keep your account secure. This is multi-factor authentication (MFA). Login.gov uses MFA as an added layer of protection to secure your information. Additional information regarding Login.gov can be obtained at: https://www.eauth.usda.gov /eauth/b/usda/faq?gid=PublicCustomer OR by contacting your local acquisition office: http://www.fs.usda.gov/business /incident/contacts.php#field.

Section C - Contract Clauses

C.1 | SECTION C - CONTRACT CLAUSES

C.1 -- 52.212-4 Terms and Conditions—Commercial Products and Commercial Services (NOV 2025)

(a) Definitions. The clause at Federal Acquisition Regulation (FAR) 52.202-1, Definitions, is incorporated by reference.

(b) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.

C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. Examples of occurrences include acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall—

(1) Notify the Contracting Officer in writing as soon as possible;

(2) Remedy the delay as quickly as possible; and

(3) Notify the Contracting Officer when the occurrence is over.

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.

C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees, and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(4) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable;

(D) Contractor point of contact; and

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(5) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by FAR part 33 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR part 32).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits prescribed in FAR part 32 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered under this contract are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 49 U.S.C. 40118, Government-financed air transportation; and 41 U.S.

C. chapter 21 relating to procurement integrity.

(r) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and

(8) The specification.

(s) Unauthorized obligations.

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (s)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(t) Comptroller General examination of record. This paragraph applies if this contract was awarded using other than sealed bid procedures and is in excess of the simplified acquisition threshold on the date of award of this contract.

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

(2) The Contractor shall make available at its offices, at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR part 4, longer period required by statute, or periods specified in other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(u) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

C.2 | 52.252-2 -- CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): https://acquisition.gov/far/.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)

52.203-13 Contractor Code of Business Ethics and Conduct (Nov 2021)

52.203-17 Contractor Employee Whistleblower Rights (Nov 2023)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

52.204-13 System for Award Management-Maintenance (NOV 2025)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (SEP 2025)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2025)

52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2025)

52.219-6 Notice of Total Small Business Set-Aside (Nov 2025)

52.219-27 Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (NOV 2025)

52.219-28 Postaward Small Business Program Rerepresentation (NOV 2025)

52.219-29 Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022)

52.219-30 Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (NOV 2025)

52.222-3 Convict Labor (NOV 2025)

52.222-19 Child Labor—Cooperation with Authorities and Remedies (NOV 2025)

52.222-35 Equal Opportunity for Veterans (NOV 2020)

52.222-36 Equal Opportunity for Workers with Disabilities (NOV 2025)

52.222-37 Employment Reports on Veterans (NOV 2025)

52.222-41 Service Contract Labor Standards (NOV 2025)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)

52.222-50 Combating Trafficking in Persons (NOV 2025)

52.222-54 Employment Eligibility Verification (NOV 2025)

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (NOV 2025) https://acquisition.gov/far/

52.222-62 Paid Sick Leave Under Executive Order 13706 (NOV 2025)

52.223-2 Reporting of Biobased Products Under Service and Construction Contracts (NOV 2025)

52.223-23 Sustainable Products and Services (NOV 2025)

52.224-3 Privacy Training (Jan 2017)

52.226-7 Drug-Free Workplace (May 2024)

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)

52.232-1 Payments (Apr 1984)

52.232-8 Discounts for Prompt Payment (Apr 1984)

52.232-11 Extras (Apr 1984)

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (OCT 2018)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

52.233-3 Protest After Award (SEP 2025)

52.233-4 Applicable Law for Breach of Contract Claim (SEP 2025)

52.240-90 Security Prohibitions and Exclusions Representations and Certifications (NOV 2025)

52.240-91 Security Prohibitions and Exclusions (NOV 2025)

52.243-1 Changes-Fixed-Price (JUN 2025)

52.245-1 Government Property (SEP 2021)

52.245-9 Use and Charges (APR 2012)

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984)

52.253-1 Computer Generated Forms (NOV 2025)

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://acquisition.gov/far/.

52.203-11, Certification and Disclosure Regarding Payments (SEP 2024)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017) https://acquisition.gov/far/

52.204-7 System for Award Management—Registration (NOV 2025)

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation (SEP 2025)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (SEP 2025)

52.212-2, Evaluation—Commercial Products and Commercial Services (NOV 2025)

52.219-1 Small Business Program Representations (NOV 2025)

52.223-1 Biobased Product Certification (NOV 2025)

NOTE: This procurement requires the use of biobased products to the extent that such products are reasonably available, meet agency or relevant industry performance standards, and are reasonably priced. Where available, these products should first be acquired from among qualified products that fall under the umbrella of items designated through the Federal Biobased Products Preferred Procurement Program (FB4P). Information is available at: http://www.biopreferred.gov/.

C.2.1 -- ADDITIONAL INFORMATION REQUIRING VENDOR CERTIFICATION.

This is to notify you of recent award prohibitions contained in sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-

235) regarding corporate felony convictions and corporate tax delinquencies. Under the Appropriations Act, no awards can be made to any corporation (for profit or non-profit) that has a tax delinquency or felony conviction as defined in the Appropriations Act and described in the attached representation. To comply with these provisions, all offerors are required to complete the representation in SAM. Please note that if you have a tax delinquency or felony conviction, as defined in the Appropriations Act and described in the attached representation, you are not eligible for award. If you are ineligible for award because of these prohibitions it is possible that you can regain eligibility for award, but only if the suspension and debarring official considers your tax delinquency and/or felony conviction and determines that suspension or debarment is not necessary to protect the interests of the Government.

C.2.2 -- ASSIGNMENT OF CLAIMS.

(a) Assignment of claims is not authorized.

(b) In accordance with FAR Part 32.803, it is determined prohibiting assignment of claims against this I-BPA and any resultant resource order is in the Government's interest.

(c) Pursuant to FAR 52.212-4, vendors shall not change the name or address for EFT payments in the SAM record to reflect an assignee for the purpose of the assignment of claims.

C.3 -- | PLACE OF PERFORMANCE AND PERFORMANCE PERIODS

C.3.1 -- AGREEMENT PERIOD.

(a) Estimated date of award is June 2026 with annual review modifications for duration of the VIPR agreement. An inactive SAM account will result in agreement suspension. Non-response to annual review modifications will also nullify any opportunities to make annual changes to the agreement or participate in the on-ramping process, if available, until the next annual review.

The Agreement period is for 5 years from the date of award.

Note: D.21.8.1 -- Rates of Payments. Payment will be at the rates specified in the agreement that is in effect at the time of the order. See VIPR Next Gen website for State Forestry and DOI contact information. https://www.fs.usda.gov/business/incident/contacts.php?tab=business /incident/vendors.php?view=tab_vendor

(b) NO ORDERS OR PAYMENTS ARE GUARANTEED DURING THE DURATION OF THE AGREEMENT PERIOD, REGARDLESS OF LENGTH. Each BPA Call/Dispatch is initiated, administered, and invoiced/paid through the Incident Host Agency, which may or may not be the US Forest Service. Vendor is advised to retain all paperwork received and to work directly with the Incident Host Agency representatives (IMTs) on incident site-specific requirements (Safe worksite practices, self-sufficiency, per diem, etc.) as well as all invoicing (corrections, payment status, etc.). See VIPR website for state forestry and DOI contact information.

https://www.fs.usda.gov/business/incident/state-contacts-requirements.php?tab=tab_c.

This Agreement does not preclude the Government from using any Agency or Agency Cooperator owned resources before equipment is mobilized under this Agreement. The government also reserves the right to utilize other (un-operated or non-mobile) commercial facilities. Orders are based on Government need and due to the nature of wild land fire, we are unable to forecast agreement use. REMINDER: IT IS THE VENDORS' SOLE RESPONSIBILITY TO

ADHERE TO ALL LABOR LAWS TO INCLUDE PROVIDING THE REQUIRED WORKERS' COMPENSATION

INSURANCE TO ALL EMPLOYEES. EACH INDIVIDUAL PERFORMING UNDER THIS AGREEMENT IS A

SERVICE EMPLOYEE BY DEFINITION. The Government will not track, record, or manage contractor insurance records or training records under this agreement. Insurance coverage and company employee documentation is the sole responsibility of the contractor.

Agreements are valid for five years from date of award. An annual review will be conducted and at the discretion of the Contracting Officer, Contractors may be offered an opportunity to adjust their prices during that review period. If a revised price is not submitted during the period set forth by the Contracting Officer, the prices proposed in the original agreement will remain in effect. In addition, a Contracting Officer may allow the Contractor to change their Host Dispatch Center and/or Equipment Attributes. This annual CO review period may also allow the option of an open season on-ramping of additional contractors and resources. (see Section H)

Note: Allowable equipment changes will not include the addition of new resources and will not result in a change in equipment typing unless the CO has initiated the open season on-ramping process. This open season period is not guaranteed and is at the discretion of the Government.

Annual reviews are typically scheduled during the Jan/Feb/Mar timeframe. Non-response by the set due date is vendor acceptance of all VIPR updated annual terms and conditions along with any updated DOL Wage Determination. An inactive SAM account will result in agreement suspension. Non-response also nullifies any opportunities to make annual changes to the agreement until the next annual review. It is not the Government's intent to modify the agreements during the fire season. This is an undue and unacceptable administrative burden.

Modifications or inspections outside of the annual review window and/or during the active fire season (March - September annually) are not standard practice and may be substantially delayed due to the unavailability of the CO or Contract Operations staff. This is not a violation of the agreement. If a vendor chooses to adjust rates as part of the annual review/roll over process, those proposed rates are subject to the CO's fair and reasonable price analysis for the Region/Zone. If proposed price changes fall outside the acceptable parameters, the vendor will be contacted to negotiate the rates to within the acceptable parameters. If a vendor is unwilling to negotiate or there is not CO approval of proposed roll over modification rates, then awarded VIPR agreement would either be suspended or terminated/cancelled. All negotiations must be complete within the CO determined window or VIPR agreement will be subject to suspension. This acquisition is solicited using the procurement process prescribed in Part 12, Acquisition of Commercial Products and Commercial Services of the Federal Acquisition Regulations (FAR).

The USFS will determine annually whether it is in the Government's best interest to initiate an open season on-ramping process to add additional Contractors and/or resources during the annual Contracting Officer (CO) review period noted in Section C.3.1. See Section E.

(c) Agreements are valid year-round, with anticipated highest demand for resources during March 1 to October 31 of each year within R5 & R6 Geographic areas. Potential use outside this place of performance or anticipated use period could occur at any time, to include any all hazard, fire suppression, and prescribed fire project work performed . ..

Since the resource needs of the Government and availability of Contractor's resources during an emergency cannot be determined in advance, it is mutually agreed that, upon request of the Government, the Contractor shall furnish the resources listed herein to the extent the Contractor is willing and able at the time of order.

(d) Any order issued during the effective period of this agreement and not completed within that period shall be completed by the Contractor prior to release from the ordered incident assignment. The agreement shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the agreement's effective period.

C.3.2 -- START WORK.

The Contractor shall provide availability status to their selected dispatch office as listed within their agreement within 10 days after award of the Agreement. The dispatch center may require the Contractor to self-status through the Interagency Resource Ordering Capability (IROC) application. IROC is web-based and supports both PCs and mobile devices. Requesting an account within IROC, if required by the dispatch center, should be initiated as soon as possible in advance of fire season (See Section D.5 – AVAILABILITY). https://famit.nwcg.gov/applications/IROC

C.3.3 -- AGREEMENT CANCELLATION.

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

C.4 -- | AUTHORIZED PERSONNEL TO PLACE ORDERS

Dispatchers, Buying Team Members, Finance Section Chiefs, Procurement Unit Leaders, Contracting Officers, and Purchasing Agents are authorized to place orders against this agreement. Orders must be placed in accordance with established ordering procedures as specified in National and Regional mobilization guides.

C.5 -- | CLAIM SETTLEMENT AUTHORITY

For the purpose of settling claims, the successor contracting officer is any Contracting Officer acting within their delegated warrant authority, under the clauses of this agreement, and limits set by the incident agency. Section C.8 -- LOSS, DAMAGE, OR DESTRUCTION gives guidance on what can be considered as a damage claim verses damage covered under the Contractor's insurance policy.

C.6 -- | CHANGES TO AGREEMENTS

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

Host Agency accepted noncompliant VIN/SNs or typing not listed on the current agreement would fall under this section and thus, would require a coordinated formal change to the VIPR agreement if the signing procurement official is available or an EERA executed at-incident. Any additional supplies or services requested outside of the awarded agreement also requires establishment of an at-incident procurement instrument for proper payment and compensation.

C.7 -- | 52.247-21 CONTRACTOR LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE (APR 1984)

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

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

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

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

C.8 -- | LOSS, DAMAGE, OR DESTRUCTION

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

(b) For equipment furnished under this agreement WITH operator, the Government shall not be liable for any loss, damage, or destruction of such equipment, except for loss, damage or destruction resulting from the negligence, or wrongful act(s) of

Government employee(s) while acting within the scope of their employment. The operator is responsible for operating the equipment within its operating limits and responsible for safety of the equipment.

C.9 -- | FIREARM - WEAPON PROHIBITION

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

C.10 -- | HARASSMENT FREE WORKPLACE

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

C.11 -- | PRE-QUOTE MEETING (Optional)

(a) The Government is planning pre-quote meeting(s), during which potential quoters may obtain a better understanding of the work required.

(b) Quoters are encouraged to submit all questions in writing at least five (5) days prior to the conference.

(c) Quoters are cautioned that, notwithstanding any remarks or clarifications given at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by amendment to the solicitation. If the answers to conference questions, or any solicitation amendment, create ambiguities, it is the responsibility of the quoter to seek clarification prior to submitting a quote.

(d) The conference(s) will be held: TBD

Access can be achieved through a Microsoft Teams Application or through your computer's browser (no download necessary). There will also be an option to join by telephone only. Please submit an email to either of interest in attending the conference and a link will be sent. Please submit all questions in writing at least 2 weeks prior to closing date of solicitation to ensure that an answer can be provided.

(e) APEX Accelerators may also hold various small business vendor conferences. Conferences include instruction on SAM registration, doing business with the Government, and fire basics. Please contact your local APEX Accelerator for possible vendor conference dates.

(f) VIPR system questions and technical issues can be addressed through the VIPR helpdesk. VIPR Vendor Application and Instructions are available at https://www.fs.usda.gov/business/incident/vendorapp.php?tab=tab_d.

The Interagency Incident Applications Helpdesk can be contacted at (866) 224-7677. The Interagency Incident Applications Helpdesk Web site is at https://iiahd.peckham-enclave.us/.

(g) With every inquiry, first, check out the Frequently Asked Questions (FAQs) which may answer your question:

https://www.fs.usda.gov/business/incident/faq.php.

(h) SAM registration issues need to be addressed through the SAM site directly: www.sam.gov

(i) Login.gov Help Center: https://login.gov/help

Section D - Resource Information

D.1 -- | SCOPE OF AGREEMENT

(a) The intent of this Agreement is to obtain Vehicles with Drivers for use on a local, Regional and Nationwide basis. The Contractor is responsible for all personnel licenses, licensed equipment, materials, supplies, transportation, lodging, personnel, and supervision and management of those personnel, necessary to meet or exceed the Agreement specifications. The resources may be used on fire suppression, all-hazard incidents, and prescribed fire project work to include but not limited to: prescribed burn unit preparation, ignition, holding, and contingency. The Incident Commander or responsible Government Representative is authorized to administer the technical aspects of this agreement.

(b) Duties of a driver vary but may include the delivery of people and/or supplies to/from incident base camp and/or other support locations. Drivers may be required to pick up personnel from airports or other locations, pickup and deliver supplies from an agency fire cache, a buying team location, or a supplier identified by the Government. Drivers may be assigned to an incident base camp or another location identified by the Government.

D.2 -- | EQUIPMENT REQUIREMENTS

Equipment shall meet all standards established by specification or incorporated by reference and shall be maintained in good repair by the Contractor. Towing will not be allowed under this solicitation.

D.2.1 -- EQUIPMENT TYPING.

Vehicle with Driver Types:

- Sport Utility Vehicle: minimum 5 passenger, 2-wheel and 4-wheel drive (seating of 6 or greater will be an attribute not given points. see D.6.2.)

- Passenger Van: 7-9 passenger, 2-wheel and 4-wheel drive (vans larger than 9-passenger carrying capacity will NOT be awarded an agreement)

- Pickup, Type 1: GVWR of 8,501 lbs. to 19,500 lbs., minimum 72-103 inch bed length

- Pickup, Type 2: GVWR of 6,001 to 8,500 lbs., minimum 66-96 inch bed length

- Pickup, Type 3: GVWR up to 6,000 lbs., minimum 60-96 inch bed length

- Stakeside, Type 1: GVWR 14,001 lbs. to 26,000 lbs., (specify if truck has dump/tilt box OR lift gate. see D.6.2.)

- Stakeside, Type 2: GVWR 10,001 lbs. to 14,000 lbs., (specify if truck has dump/tilt box OR lift gate. See D.6.2.)

- Stakeside, Type 3: GVWR 6,000 to 10,000 lbs.,

- (specify if truck has dump/tilt box OR lift gate) Need to add to as attribute.

Any vehicles manufactured before the year of 1990 will not be accepted under this agreement.

NOTE: Passenger or passenger-carrying capacity minimums stated above includes the driver.

D.2.1.1 -- | Contractor Provided Equipment.

(a) Vehicles shall be equipped with a secured spare tire (see below), wheel wrench and jack.

(b) Vendor must provide tie downs, straps and/or netting in order to secure the load.

(c) Commercial vehicle insurance for a commercial operation.

(d) The full bed of the truck shall be available for incident use. This includes no toppers, ladder racks, fuel tanks etc. Only exception is: Spare tire can be allowed on Stakeside if mounted and secured to allow for maximum bed space. No utility /mechanic style truck beds authorized under this agreement.

(e) Modifications to vehicles that may result in the vendor not being awarded an agreement would be lift kits, aftermarket exhaust (i.e., glass packs), and other such modifications that would compromise the integrity of the vehicle.

(f) Pickup Trucks are defined as a vehicle that has an enclosed cabin, and a back end made up of a cargo bed that is enclosed by three non-removable low walls and tailgate with no roof.

(g) Stakeside trucks are defined as flatbed trucks with railings…