State of Wisconsin
Wis. Statutes s.16.75
DOA-3070 (R08/2003)
BIDS MUST BE SEALED AND ADDRESSED TO:
AGENCY ADDRESS:
WI Dept. of Natural Resources
Attn: Konrad K. Plachetta, FN/1
101 S. Webster St., PO Box 7921
Madison, WI 53703-7921
Remove from bidder list for this commodity/service. (Return this page only.)
Bid envelope must be sealed and plainly marked in lower corner with due date and Request for
Bid # E-021-20. Late bids will be rejected. Bids MUST be date and time stamped by the
soliciting purchasing office on or before the date and time that the bid is due. Bids dated and time
stamped in another office will be rejected. Receipt of a bid by the mail system does not constitute
receipt of a bid by the purchasing office. Any bid which is inadvertently opened as a result of not
being properly and clearly marked is subject to rejection. Bids must be submitted separately, i.e.,
not included with sample packages or other bids. Bid openings are public unless otherwise
specified. Records will be available for public inspection after issuance of the notice of intent to
award or the award of the contract. Bidder should contact person named below for an
appointment to view the bid record. Bids shall be firm for acceptance for sixty (60) days from date
of bid opening, unless otherwise noted. The attached terms and conditions apply to any
subsequent award.
REQUEST FOR BID
Bids MUST be in this office no later than
THIS IS NOT AN ORDER
BIDDER (Name and Address)
November 11, 2014, 2:00 PM CDT
Name (Contact for further information)
Konrad K. Plachetta
Phone
Date
(608) 266-0311
October 17, 2014
Quote Price and Delivery FOB
Destination
Fax bids are accepted
Description
Fax bids are not accepted
Call When Needed (CWN) Single Engine Air Tanker (SEAT) request for bid: The contracts
resulting from this solicitation will be for call when needed single engine air tanker services in
support of water/retardant applications for fire suppression/forest management applications. One or
more single engine air tanker operated by a qualified pilot as per specifications. An FAA approved
hopper and gating system, service truck, and necessary communications equipment and other items
are required as per specifications. The State’s need for “Call When Needed” aircraft exists mainly
during the months of March, April and May. The Department has separated this bid into two parts,
part A is for prices in March, April and May and part B is for prices during the rest of the year.
Due date is 11/11/2014, 2:00 PM CDT at address listed in the top left corner of this page.
Questions: Bidders are encouraged to ask questions for the purpose of clarification or requesting
revisions to the bid document. Please contact Konrad K. Plachetta by e-mail at
konrad.plachetta@wisconsin.gov or call at 608-266-0311. The Department will provide written
responses which will be sent to all vendors.
Payment Terms
Delivery Time
We claim minority bidder preference [Wis. Stats. s. 16.75(3m)(b)(3)]. Under Wisconsin Statutes, a 5% preference may be granted to CERTIFIED Minority Business Enterprises.
Bidder must be certified by the Wisconsin Supplier Diversity Program. If you have questions concerning the certification process, contact the Wisconsin Supplier Diversity Program,
6th Floor, 101 E. Wilson St., Madison, Wisconsin 53703, (608) 267-9550. Does Not Apply to Printing Bids.
We are a work center certified under Wis. Stats. s. 16.752 employing persons with severe disabilities. Questions concerning the certification process should be addressed to the
Work Center Program, State Bureau of Procurement, 6th Floor, 101 E. Wilson St., Madison, Wisconsin 53702, (608) 266-2605.
Wis. Stats. s. 16.754 directs the state to purchase materials which are manufactured to the greatest extent in the United States when all other factors are substantially equal. Materials
covered in our bid were manufactured in whole or in substantial part within the United States, or the majority of the component parts thereof were manufactured in whole or in substantial
part in the United States.
Yes
No
Unknown
In signing this bid we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free
competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any
other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is
accurate under penalty of perjury.
We will comply with all terms, conditions and specifications required by the state in this Request for Bid and all terms of our bid.
Name of Authorized Company Representative (Type or Print)
Signature of Above
Title
Date
Phone
Fax
Federal Employer Identification No.
This form can be made available in accessible formats upon request to qualified individuals with disabilities.
(
(
)
)
Social Security No. if Sole
Proprietor (Voluntary)
Wisconsin Department of Administration
Chs. 16, 19, 51
DOA-3054 (R10/2005)
Page 1 of 3
Standard Terms And Conditions
(Request For Bids / Proposals)
1.0
2.0
3.0
SPECIFICATIONS: The specifications in this request are
the minimum acceptable. When specific manufacturer and
model numbers are used, they are to establish a design,
type of construction, quality, functional capability and/or
performance level desired.
When alternates are
bid/proposed, they must be identified by manufacturer,
stock number, and such other information necessary to
establish equivalency. The State of Wisconsin shall be the
sole judge of equivalency.
Bidders/proposers are
cautioned to avoid bidding alternates to the specifications
which may result in rejection of their bid/proposal.
DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications
shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence
of such statement, the bid/proposal shall be accepted as in
strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.
QUALITY: Unless otherwise indicated in the request, all
material shall be first quality. Items which are used,
demonstrators, obsolete, seconds, or which have been
discontinued are unacceptable without prior written
approval by the State of Wisconsin.
4.0
QUANTITIES: The quantities shown on this request are
based on estimated needs. The state reserves the right to
increase or decrease quantities to meet actual needs.
5.0
DELIVERY: Deliveries shall be F.O.B. destination freight
prepaid and included unless otherwise specified.
6.0
PRICING AND DISCOUNT: The State of Wisconsin qualifies for governmental discounts and its educational institutions also qualify for educational discounts. Unit prices
shall reflect these discounts.
6.1
6.2
6.3
Unit prices shown on the bid/proposal or contract
shall be the price per unit of sale (e.g., gal., cs.,
doz., ea.) as stated on the request or contract. For
any given item, the quantity multiplied by the unit
price shall establish the extended price, the unit
price shall govern in the bid/proposal evaluation and
contract administration.
Prices established in continuing agreements and
term contracts may be lowered due to general
market conditions, but prices shall not be subject to
increase for ninety (90) calendar days from the date
of award. Any increase proposed shall be submitted
to the contracting agency thirty (30) calendar days
before the proposed effective date of the price
increase, and shall be limited to fully documented
cost increases to the contractor which are
demonstrated to be industrywide. The conditions
under which price increases may be granted shall
be expressed in bid/proposal documents and
contracts or agreements.
In determination of award, discounts for early
payment will only be considered when all other conditions are equal and when payment terms allow at
least fifteen (15) days, providing the discount terms
are deemed favorable. All payment terms must
allow the option of net thirty (30).
7.0
UNFAIR SALES ACT: Prices quoted to the State of
Wisconsin are not governed by the Unfair Sales Act.
8.0
ACCEPTANCE-REJECTION: The State of Wisconsin
reserves the right to accept or reject any or all
bids/proposals, to waive any technicality in any
bid/proposal submitted, and to accept any part of a
bid/proposal as deemed to be in the best interests of the
State of Wisconsin.
Bids/proposals MUST be date and time stamped by the
soliciting purchasing office on or before the date and time
that the bid/proposal is due. Bids/proposals date and time
stamped in another office will be rejected. Receipt of a
bid/proposal by the mail system does not constitute receipt
of a bid/proposal by the purchasing office.
9.0
METHOD OF AWARD: Award shall be made to the
lowest responsible, responsive bidder unless otherwise
specified.
10.0
ORDERING: Purchase orders or releases via purchasing
cards shall be placed directly to the contractor by an
authorized agency.
No other purchase orders are
authorized.
11.0
PAYMENT TERMS AND INVOICING: The State of
Wisconsin normally will pay properly submitted vendor
invoices within thirty (30) days of receipt providing goods
and/or services have been delivered, installed (if required),
and accepted as specified.
Invoices presented for payment must be submitted in
accordance with instructions contained on the purchase
order including reference to purchase order number and
submittal to the correct address for processing.
A good faith dispute creates an exception to prompt
payment.
12.0
TAXES: The State of Wisconsin and its agencies are
exempt from payment of all federal tax and Wisconsin
state and local taxes on its purchases except Wisconsin
excise taxes as described below.
The State of Wisconsin, including all its agencies, is
required to pay the Wisconsin excise or occupation tax on
its purchase of beer, liquor, wine, cigarettes, tobacco
products, motor vehicle fuel and general aviation fuel.
However, it is exempt from payment of Wisconsin sales or
use tax on its purchases. The State of Wisconsin may be
subject to other states' taxes on its purchases in that state
depending on the laws of that state. Contractors performing construction activities are required to pay state use tax
on the cost of materials.
13.0
GUARANTEED DELIVERY: Failure of the contractor to
adhere to delivery schedules as specified or to promptly
replace rejected materials shall render the contractor liable
for all costs in excess of the contract price when alternate
procurement is necessary. Excess costs shall include the
administrative costs.
14.0
ENTIRE AGREEMENT: These Standard Terms and
Conditions shall apply to any contract or order awarded as
a result of this request except where special requirements
DOA-3054
Page 2 of 3
are stated elsewhere in the request; in such cases, the
special requirements shall apply. Further, the written
contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other
terms and conditions in any document, acceptance, or
acknowledgment shall be effective or binding unless
expressly agreed to in writing by the contracting authority.
15.0
APPLICABLE LAW AND COMPLIANCE: This contract
shall be governed under the laws of the State of
Wisconsin. The contractor shall at all times comply with
and observe all federal and state laws, local laws,
ordinances, and regulations which are in effect during the
period of this contract and which in any manner affect the
work or its conduct. The State of Wisconsin reserves the
right to cancel this contract if the contractor fails to follow
the requirements of s. 77.66, Wis. Stats., and related
statutes regarding certification for collection of sales and
use tax. The State of Wisconsin also reserves the right to
cancel this contract with any federally debarred contractor
or a contractor that is presently identified on the list of
parties excluded from federal procurement and nonprocurement contracts.
16.0
ANTITRUST ASSIGNMENT: The contractor and the State
of Wisconsin recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact
usually borne by the State of Wisconsin (purchaser).
Therefore, the contractor hereby assigns to the State of
Wisconsin any and all claims for such overcharges as to
goods, materials or services purchased in connection with
this contract.
17.0
ASSIGNMENT: No right or duty in whole or in part of the
contractor under this contract may be assigned or delegated without the prior written consent of the State of
Wisconsin.
18.0
WORK CENTER CRITERIA: A work center must be certified under s. 16.752, Wis. Stats., and must ensure that
when engaged in the production of materials, supplies or
equipment or the performance of contractual services, not
less than seventy-five percent (75%) of the total hours of
direct labor are performed by severely handicapped
individuals.
19.0
NONDISCRIMINATION / AFFIRMATIVE ACTION: In
connection with the performance of work under this
contract, the contractor agrees not to discriminate against
any employee or applicant for employment because of
age, race, religion, color, handicap, sex, physical
condition, developmental disability as defined in s.
51.01(5), Wis. Stats., sexual orientation as defined in s.
111.32(13m), Wis. Stats., or national origin. This provision
shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for
training, including apprenticeship. Except with respect to
sexual orientation, the contractor further agrees to take
affirmative action to ensure equal employment
opportunities.
19.1
Contracts estimated to be over twenty-five thousand
dollars ($25,000) require the submission of a written
affirmative action plan by the contractor. An exemption occurs from this requirement if the contractor
has a workforce of less than twenty-five (25)
employees. Within fifteen (15) working days after
the contract is awarded, the contractor must submit
the plan to the contracting state agency for approval.
Instructions on preparing the plan and technical
assistance regarding this clause are available from
the contracting state agency.
19.2
The contractor agrees to post in conspicuous
places, available for employees and applicants for
employment, a notice to be provided by the
contracting state agency that sets forth the
provisions
of
the
State
of
Wisconsin's
nondiscrimination law.
19.3
Failure to comply with the conditions of this clause
may result in the contractor's becoming declared an
"ineligible" contractor, termination of the contract, or
withholding of payment.
20.0
PATENT INFRINGEMENT: The contractor selling to the
State of Wisconsin the articles described herein
guarantees the articles were manufactured or produced in
accordance with applicable federal labor laws. Further,
that the sale or use of the articles described herein will not
infringe any United States patent.
The contractor
covenants that it will at its own expense defend every suit
which shall be brought against the State of Wisconsin
(provided that such contractor is promptly notified of such
suit, and all papers therein are delivered to it) for any
alleged infringement of any patent by reason of the sale or
use of such articles, and agrees that it will pay all costs,
damages, and profits recoverable in any such suit.
21.0
SAFETY REQUIREMENTS: All materials, equipment,
and supplies provided to the State of Wisconsin must
comply fully with all safety requirements as set forth by the
Wisconsin Administrative Code and all applicable OSHA
Standards.
22.0
WARRANTY: Unless otherwise specifically stated by the
bidder/proposer, equipment purchased as a result of this
request shall be warranted against defects by the
bidder/proposer for one (1) year from date of receipt. The
equipment manufacturer's standard warranty shall apply
as a minimum and must be honored by the contractor.
23.0
INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:
23.1
Maintain worker's compensation insurance as
required by Wisconsin Statutes, for all employees
engaged in the work.
23.2
Maintain commercial liability, bodily injury and property damage insurance against any claim(s) which
might occur in carrying out this agreement/contract.
Minimum coverage shall be one million dollars
($1,000,000) liability for bodily injury and property
damage including products liability and completed
operations. Provide motor vehicle insurance for all
owned, non-owned and hired vehicles that are used
in carrying out this contract. Minimum coverage
shall be one million dollars ($1,000,000) per
occurrence combined single limit for automobile
liability and property damage.
23.3
The state reserves the right to require higher or lower
limits where warranted.
DOA-3054
Page 3 of 3
24.0
CANCELLATION: The State of Wisconsin reserves the right
to cancel any contract in whole or in part without penalty due
to nonappropriation of funds or for failure of the contractor to
comply with terms, conditions, and specifications of this
contract.
29.0
RECYCLED MATERIALS:
The State of Wisconsin is
required to purchase products incorporating recycled materials whenever technically and economically feasible. Bidders
are encouraged to bid products with recycled content which
meet specifications.
25.0
VENDOR TAX DELINQUENCY:
Vendors who have a
delinquent Wisconsin tax liability may have their payments
offset by the State of Wisconsin.
30.0
26.0
PUBLIC RECORDS ACCESS: It is the intention of the state
to maintain an open and public process in the solicitation,
submission, review, and approval of procurement activities.
MATERIAL SAFETY DATA SHEET: If any item(s) on an
order(s) resulting from this award(s) is a hazardous chemical,
as defined under 29CFR 1910.1200, provide one (1) copy of a
Material Safety Data Sheet for each item with the shipped
container(s) and one (1) copy with the invoice(s).
31.0
PROMOTIONAL ADVERTISING / NEWS RELEASES:
Reference to or use of the State of Wisconsin, any of its
departments, agencies or other subunits, or any state official
or employee for commercial promotion is prohibited. News
releases pertaining to this procurement shall not be made
without prior approval of the State of Wisconsin. Release of
broadcast e-mails pertaining to this procurement shall not be
made without prior written authorization of the contracting
agency.
32.0
HOLD HARMLESS: The contractor will indemnify and save
harmless the State of Wisconsin and all of its officers, agents
and employees from all suits, actions, or claims of any
character brought for or on account of any injuries or damages
received by any persons or property resulting from the
operations of the contractor, or of any of its contractors, in
prosecuting work under this agreement.
32.0
FOREIGN CORPORATION:
A foreign corporation (any
corporation other than a Wisconsin corporation) which
becomes a party to this Agreement is required to conform to
all the requirements of Chapter 180, Wis. Stats., relating to a
foreign corporation and must possess a certificate of authority
from the Wisconsin Department of Financial Institutions,
unless the corporation is transacting business in interstate
commerce or is otherwise exempt from the requirement of
obtaining a certificate of authority. Any foreign corporation
which desires to apply for a certificate of authority should
contact the Department of Financial Institutions, Division of
Corporation, P. O. Box 7846, Madison, WI 53707-7846;
telephone (608) 261-7577.
33.0
WORK
CENTER
PROGRAM:
The
successful
bidder/proposer shall agree to implement processes that allow
the State agencies, including the University of Wisconsin
System, to satisfy the State's obligation to purchase goods
and services produced by work centers certified under the
State Use Law, s.16.752, Wis. Stat. This shall result in
requiring the successful bidder/proposer to include products
provided by work centers in its catalog for State agencies and
campuses or to block the sale of comparable items to State
agencies and campuses.
35.0
FORCE MAJEURE: Neither party shall be in default by
reason of any failure in performance of this Agreement in
accordance with reasonable control and without fault or
negligence on their part. Such causes may include, but are
not restricted to, acts of nature or the public enemy, acts of
the government in either its sovereign or contractual capacity,
fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes and unusually severe weather, but in every case
the failure to perform such must be beyond the reasonable
control and without the fault or negligence of the party.
Bid/proposal openings are public unless otherwise specified.
Records may not be available for public inspection prior to
issuance of the notice of intent to award or the award of the
contract.
27.0
PROPRIETARY INFORMATION: Any restrictions on the use
of data contained within a request, must be clearly stated in
the bid/proposal itself. Proprietary information submitted in
response to a request will be handled in accordance with
applicable State of Wisconsin procurement regulations and
the Wisconsin public records law. Proprietary restrictions
normally are not accepted. However, when accepted, it is the
vendor's responsibility to defend the determination in the
event of an appeal or litigation.
27.1
27.2
28.0
Data contained in a bid/proposal, all documentation
provided therein, and innovations developed as a result
of the contracted commodities or services cannot be
copyrighted or patented. All data, documentation, and
innovations become the property of the State of
Wisconsin.
Any material submitted by the vendor in response to
this request that the vendor considers confidential and
proprietary information and which qualifies as a trade
secret, as provided in s. 19.36(5), Wis. Stats., or
material which can be kept confidential under the
Wisconsin public records law, must be identified on a
Designation of Confidential and Proprietary Information
form (DOA-3027). Bidders/proposers may request the
form if it is not part of the Request for Bid/Request for
Proposal package. Bid/proposal prices cannot be held
confidential.
DISCLOSURE: If a state public official (s. 19.42, Wis. Stats.),
a member of a state public official's immediate family, or any
organization in which a state public official or a member of the
official's immediate family owns or controls a ten percent
(10%) interest, is a party to this agreement, and if this
agreement involves payment of more than three thousand
dollars ($3,000) within a twelve (12) month period, this
contract is voidable by the state unless appropriate disclosure
is made according to s. 19.45(6), Wis. Stats., before signing
the contract. Disclosure must be made to the State of
Wisconsin Ethics Board, 44 East Mifflin Street, Suite 601,
Madison, Wisconsin 53703 (Telephone 608-266-8123).
State classified and former employees and certain University
of Wisconsin faculty/staff are subject to separate disclosure
requirements, s. 16.417, Wis. Stats.
.
State of Wisconsin
Department of Administration
Division of Agency Services
Bureau of Procurement
DOA-3681 (01/2001)
ss. 16, 19 and 51, Wis. Stats.
Supplemental Standard Terms and Conditions
for Procurements for Services
1.0 ACCEPTANCE OF BID/PROPOSAL CONTENT:
The
contents of the bid/proposal of the successful contractor will
become contractual obligations if procurement action ensues.
2.0 CERTIFICATION
OF
INDEPENDENT
PRICE
DETERMINATION:
By signing this bid/proposal, the
bidder/proposer certifies, and in the case of a joint
bid/proposal, each party thereto certifies as to its own
organization, that in connection with this procurement:
2.1 The prices in this bid/proposal have been arrived at
independently, without consultation, communication, or
agreement, for the purpose of restricting competition, as to
any matter relating to such prices with any other
bidder/proposer or with any competitor;
2.2 Unless otherwise required by law, the prices which have
been quoted in this bid/proposal have not been knowingly
disclosed by the bidder/proposer and will not knowingly be
disclosed by the bidder/proposer prior to opening in the
case of an advertised procurement or prior to award in the
case of a negotiated procurement, directly or indirectly to
any other bidder/proposer or to any competitor; and
2.3 No attempt has been made or will be made by the
bidder/proposer to induce any other person or firm to
submit or not to submit a bid/proposal for the purpose of
restricting competition.
2.4 Each person signing this bid/proposal certifies that:
He/she is the person in the bidder's/proposer's
organization responsible within that organization for the
decision as to the prices being offered herein and that
he/she has not participated, and will not participate, in any
action contrary to 2.1 through 2.3 above; (or)
He/she is not the person in the bidder's/proposer's
organization responsible within that organization for the
decision as to the prices being offered herein, but that
he/she has been authorized in writing to act as agent for
the persons responsible for such decisions in certifying
that such persons have not participated, and will not
participate in any action contrary to 2.1 through 2.3 above,
and as their agent does hereby so certify; and he/she has
not participated, and will not participate, in any action
contrary to 2.1 through 2.3 above.
3.2 Contractors shall agree as part of the contract for services
that during performance of the contract, the contractor will
neither provide contractual services nor enter into any
agreement to provide services to a person or organization
that is regulated or funded by the contracting agency or
has interests that are adverse to the contracting agency.
The Department of Administration may waive this
provision, in writing, if those activities of the contractor will
not be adverse to the interests of the state.
4.0 DUAL EMPLOYMENT: Section 16.417, Wis. Stats., prohibits
an individual who is a State of Wisconsin employee or who is
retained as a contractor full-time by a State of Wisconsin
agency from being retained as a contractor by the same or
another State of Wisconsin agency where the individual
receives more than $12,000 as compensation for the
individual’s services during the same year. This prohibition
does not apply to individuals who have full-time appointments
for less than twelve (12) months during any period of time that
is not included in the appointment. It does not include
corporations or partnerships.
5.0 EMPLOYMENT: The contractor will not engage the services
of any person or persons now employed by the State of
Wisconsin, including any department, commission or board
thereof, to provide services relating to this agreement without
the written consent of the employing agency of such person or
persons and of the contracting agency.
6.0 CONFLICT OF INTEREST:
Private and non-profit
corporations are bound by ss. 180.0831, 180.1911(1), and
181.0831 Wis. Stats., regarding conflicts of interests by
directors in the conduct of state contracts.
7.0 RECORDKEEPING AND RECORD RETENTION:
The
contractor shall establish and maintain adequate records of all
expenditures incurred under the contract. All records must be
kept in accordance with generally accepted accounting
procedures. All procedures must be in accordance with
federal, state and local ordinances.
The contracting agency shall have the right to audit, review,
examine, copy, and transcribe any pertinent records or
documents relating to any contract resulting from this
bid/proposal held by the contractor. The contractor will retain
all documents applicable to the contract for a period of not less
than three (3) years after final payment is made.
3.0 DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP:
3.1 Prior to award of any contract, a potential contractor shall
certify in writing to the procuring agency that no
relationship exists between the potential contractor and
the procuring or contracting agency that interferes with fair
competition or is a conflict of interest, and no relationship
exists between the contractor and another person or
organization that constitutes a conflict of interest with
respect to a state contract.
The Department of
Administration may waive this provision, in writing, if those
activities of the potential contractor will not be adverse to
the interests of the state.
8.0 INDEPENDENT CAPACITY OF CONTRACTOR: The parties
hereto agree that the contractor, its officers, agents, and
employees, in the performance of this agreement shall act in
the capacity of an independent contractor and not as an officer,
employee, or agent of the state. The contractor agrees to take
such steps as may be necessary to ensure that each
subcontractor of the contractor will be deemed to be an
independent contractor and will not be considered or permitted
to be an agent, servant, joint venturer, or partner of the state.
SPECIAL CONDITIONS OF SEAT E-021-20 BID
Purpose: The purpose of this document is to provide interested parties with information to enable them
to prepare and submit a proposal for CWN (Call when needed) SEAT (Single Engine Air Tanker) for
statewide wild land fire suppression. The State, as represented by the Department of Natural Resources,
Division of Forestry, Bureau of Forest Protection, intends to use the results of this solicitation to award a
contract for SEAT aircraft for the suppression of wild land forest fires in accordance with the attached.
Project Description: The contracts resulting from this solicitation will be for call when needed single
engine air tanker services in support of water/retardant applications for fire suppression/forest
management applications. One or more single engine air tanker operated by a qualified pilot as per
specifications. An FAA approved hopper and gating system, service truck, and necessary
communications equipment and other items are required as per specifications. The State’s need for “Call
When Needed” aircraft exists mainly during the months of March, April and May. The Part A price sheet
covers prices from vendors for this portion of any given contract year. The Part B price sheet covers the
remainder of any given calendar year.
Contract Period: The contract term resulting from this bid will be from contract signing date through
December 31, 2017, subject to available funding.
Insurance: All bidders must furnish with the bid, a certificate of insurance presently being carried on the
aircraft which will be used in this project.
Workers Compensation (WC):
Required for all
Contracts
NO EXEMPTIONS
Commercial General Liability (CGL):
General Aggregate including
Products & Completed Operations
Each Occurrence
$ 1,000,000
$ 1,000,000
Aircraft Liability:
$ 1,000,000
Bid Prices: For bidding purposes, complete and return the Request for Bid form (front page), the Bid
Price Sheets A & B, the Target Aircraft Requirement Questionnaire for each aircraft, The Vendor
Information Form and an Insurance Certificate. Bid price is to include all costs associated with conducting
the flight service based on the data supplied. It is to include furnishing the planes(s), pilot(s), fuels,
insurance, ferrying costs, and all other labor and materials or supplies which may be required to conduct
the operation in accordance with the Standard Terms and Conditions. Prices quoted shall remain firm
through December 31, 2017. Orders for service under this contract may be placed with the contractor
who is determined to be the best value to the State. Factors that will be considered are aircraft capability,
aircraft location, availability and cost. Awards will be made to multiple vendors. The Department will put
the prices obtained as part of this bid into a scenario to calculate a uniform total cost. The lowest total
cost contractor will be called first if the Department needs to contract for services. The State does not
guarantee the placement of orders for service under this contract, and the contractor is not obligated to
accept an order. However, once the contractor accepts an order, the contractor is obligated to perform in
accordance with the terms and conditions stated herein.
Invoicing/payment procedures: Send invoices as directed on the purchase order. Payment is to be
made according to the Standard Terms and Conditions. Since mileage, flight times, etc. may vary from
actual bid data, your invoice is to reflect actual services provided at the established bid rates. Invoice
must itemize costs and show “other” approved costs and per diem rates separately.
Method of bid: Bidders are to submit the forms as shown on the Bid Check List:
The bid envelop must be delivered to 2nd floor, 101 S. Webster Street, Madison, WI 53703, on or before
the date and time indicated. Late bids will be rejected. Faxed Bids are acceptable.
Questions: Bidders are encouraged to ask questions for the purpose of clarification or requesting
revisions to the bid document. Please contact Konrad K. Plachetta by e-mail at
konrad.plachetta@wisconsin.gov or call at 608-266-0311. The Department will provide written
responses which will be sent to all vendors.
FAX BIDDING:
Faxed bids shall be sent to the Department in the following manner:
Faxed bid responses will have a facsimile transmission cover letter. This letter will include:
A.
A.
A.
A.
A.
A.
A.
A.
Date
Agency fax number (608-264-6277)
Agency name (Department of Natural Resources)
Agency contact person and telephone number (Konrad K. Plachetta, 608-266-0311)
Bidder fax number (if available)
Bidder name
Bidder contact person and telephone number
Number of pages (including cover) being transmitted
Faxed replies to bid requests will be signed. Each page will be initialed and numbered "page 1 of 5, page
2 of 5," etc.
That faxed bids will be rejected if they do not arrive on time, i.e., the last page of the fax transmission
must be completed prior to the bid opening due date and time.
Method of award: Contracts will be awarded to all responsible and responsive bidders. Orders for
service under this contract may be placed with the contractor who is determined to be the best value to
the State. Factors that will be considered are aircraft capability, aircraft location, availability and cost.
Awards will be made to multiple vendors. The Department will put the prices obtained as part of this bid
into a scenario to calculate a uniform total cost. The lowest total cost contractor will be called first if the
Department needs to contract for services. The State does not guarantee the placement of orders for
service under this contract, and the contractor is not obligated to accept an order. However, once the
contractor accepts an order, the contractor is obligated to perform in accordance with the terms and
conditions stated herein.
BID OPENING: The bid opening will take place at 101 S. Webster Street, Madison, WI 2nd floor,
November 11, 2014 2:00 PM CDT.
MINORITY PREFERENCE
The Department may give a 5% bid preference to certified minority business enterprises currently certified
by the Department of Commerce.
The State of Wisconsin is committed to the promotion of minority business in the state's purchasing
program and a goal of placing 5% of its total purchasing dollars with certified minority businesses.
Authority for this program is found in ss. 15.107(2), 16.75(4), 16.75(5) and 560.036(2), Wisconsin
Statutes. The contracting agency is committed to the promotion of minority business in the state's
purchasing program.
The State of Wisconsin policy provides that minority-owned business enterprises certified by the
Wisconsin Department of Commerce, Bureau of Minority Business Development should have the
maximum opportunity to participate in the performance of its contracts. The supplier/contractor is strongly
urged to use due diligence to further this policy by awarding subcontracts to minority-owned business
enterprises or by using such enterprises to provide goods and services incidental to this agreement, with
a goal of awarding at least 5% of the contract price to such enterprises.
HOW TO GET ON THE STATE OF WISCONSIN’S BIDDERS LIST
The State of Wisconsin’s purchasing information and vendor notification service is available to all
businesses and organizations that want to sell to the state. Anyone may access VendorNet on the
Internet at http://vendornet.state.wi.us to get information on state purchasing practices and policies,
goods and services that the state buys, and tips on selling to the state. Vendors may use the same Web
site address for inclusion on the bidders list for goods and services that the organization wants to sell to
the state. A subscription with notification guarantees the organization will receive an e-mail message
each time a state agency, including any campus of the University of Wisconsin System, posts a request
for bid or a request for proposal in their designated commodity/service area(s) with an estimated value
over $50,000. Organizations without Internet access receive paper copies in the mail. Increasingly, state
agencies also are using VendorNet to post simplified bids valued at $50,000 or less. Vendors also may
receive e-mail notices of these simplified bid opportunities.
DISABLED VETERAN OWNED BUSINESS REQUIREMENTS: The Wisconsin Department
of Natural Resources and all state agencies may make awards to the certified disabled veteran-owned
business submitting the lowest qualified bid when that qualified bid is not more than 5% higher than the
apparent low bid. Awards shall be made to the certified disabled veteran-owned business submitting the
lowest qualified bid. The State Bureau of Procurement DVB Program manager shall review and approve
in writing any decision not to award to the lowest qualified bid.
INTENT TO AWARD: Any vendors who respond to this RFB, with a bid, will be notified in
writing of the State's award of the contract(s) as a result of this RFB.
After notification of the intent to award is made, and under the supervision of agency staff, copies
of bids will be available for public inspection 8:30 a.m. to 4:30 p.m. at 101 South Webster St., 2nd
floor, Madison WI. Vendors should schedule reviews with Konrad Plachetta at 608-266-0311 to
ensure that space is available for the review.
APPEALS PROCESS
The Appeals process shall only apply to requests for services that exceed $50,000. Notices of
intent to protest and protests shall be made in writing. Protesters shall make their protests as
specific as possible and should identify statutes and Wisconsin Administrative Code provisions
which are alleged to have been violated. Any protest of this DNR solicitation or of any intent to
award issued as a result of this RFB process, must be made as provided by the Wisconsin
Administrative Code and the State Procurement Manual. No later than five (5) working days after
the date of this solicitation or no later than five (5) working days after any intent to award is issued
by DNR, a written notice of a vendor’s intent to protest must be received by:
Cathy Stepp – Secretary
c/o Timothy Sell
Wisconsin Department of Natural Resources
101 S. Webster Street
PO Box 7921
Madison, WI 53703-7921
The complete written protest must then be received by the DNR Secretary (and/or his designee)
at the above address, no later than ten (10) working days after any notice of intent to award is
issued, or no later than ten (10) working dates after the date of this solicitation. All properly filed
protests will be reviewed and the DNR Secretary will issue a decision regarding the protest. The
decision of the DNR Secretary may then be appealed to the Secretary of the Department of
Administration within five (5) working days of its issuance, with a copy of such appeal filed with
the DNR, provided that the appeal alleges a violation of a statute or a provision of a Wisconsin
Administrative Code
BID CHECK LIST
Bidders are to submit the following or your bid may be rejected:
__ 1. Request for Bid form (DOA-3070)(Front Page) – Name and Address must be completed in the
upper left corner of form and must be signed.
__ 2. Bid Price Sheet A
__ 3. Bid Price Sheet B
__ 4. Vendor Information form (DOA-3477)
__ 5. Certificate of Insurance Form
__ 6. Target Aircraft Requirement Questionnaire for each aircraft
NOTE: The State reserves the right to reject incomplete bids.
CALL WHEN NEEDED – GENERAL BIDDING INFORMATION
CALL WHEN NEEDED GENERAL BIDDING INFORMATION
1. The contracts resulting from this solicitation will be for call when needed single engine air tanker services in support of
water/retardant applications for fire suppression/forest management applications.
2. One or more single engine air tanker operated by a qualified pilot as per specifications. An FAA approved hopper and
gating system, service truck, and necessary communications equipment and other items are required as per specifications.
The Contract Administrator (Team Leader, Aeronautics) or his representative as per specifications will schedule all days off.
Relief pilots or substitute crews are not required, but no daily availability will be paid if they are not available.
3.
Hourly Flight Rate is to be bid.
4.
Daily Availability is to be bid.
5. Call When Needed – The State’s need for “Call When Needed” aircraft exists mainly during the months of March, April
and May. However, on any dates within the calendar year, the State may have need for service on an intermittent/occasional
basis. Orders would be placed through the Contracting Officer and are subject to acceptance by the Contractor.
The Contractor will be paid at the hourly rate bid price for the actual hours flown plus the daily availability. State ordered
ferry time is included in this.
6. Ferry Flights - All State ordered ferry time will be paid. Ferry time will be paid from the responder’s home base or the
current location of the aircraft, whichever is closer.
Service truck mileage under this contract will be paid for by the State at the rate of $2.40 per mile commencing from the
Contractor’s home base or current location of the service truck, whichever is less. Local use service truck mileage will not
be paid; i.e., trips to and from the motel or restaurants. Mileage will be paid for State ordered dispatches using the most
direct route.
7. Airport Use Fees -The State will pay airport use fees; as this cannot be pre-determined by the responder. Meals
and/or lodging may be furnished by the State at the State’s option. If not furnished, the State will pay the Contractor an
overnight allowance of $104 for meals and lodging for each authorized crew member.
8. Transporting of Relief Crews - If the State deems that it is in their best interest, and if ordered by the State, the
reasonable cost of transporting a relief crew to the current base of operations of the aircraft will be paid by the State. Claims
for reimbursement will be supported by itemized paid invoices and other documents necessary to verify incurred costs; i.e.,
itineraries supporting round trips, names of travelers, etc. This cost reimbursement is not applicable to primary crews.
Salary costs for Contractor employee(s) while in travel status are not a cost for which the State will reimburse the Contractor.
9.
This contract will extend from the contract signing through December 31, 2017.
10. The Contracting Officer for this contract shall be Konrad K. Plachetta, his supervisors or delegates.
Konrad K. Plachetta – FN/2
Wisconsin Department of Natural Resources
101 S Webster Street, Box 7921
Madison, WI 53707-7921
Phone: 608-266-0311
Fax: 608-264-6277
e-mail: konrad.plachetta@wisconsin.gov
The contracting officer’s authority is:
A.1. Award, agree to, or execute any contract, contract modification, or notice of intent.
A.2. Obligate in any way, the payment of money by the State.
A.3. Terminate, for any cause, the Contractor’s right to proceed.
The Contract Administrator for this contract is:
John Jorgensen
2
CALL WHEN NEEDED – GENERAL BIDDING INFORMATION
Wisconsin Dept of Natural Resources
101 South Webster Street – FR/4
Madison, WI 53703
Phone:
608-219-2841 (cell)
Fax:
608-266-8576
Email: johna.jorgensen@wisconsin.gov
The contract administrator’s authority is:
Take any or all actions necessary to assure compliance with the technical and administrative portions of this contract
11. The State does not guarantee the placement of orders for services under this contract, and the Contractor is not
obligated to accept an order. Once the Contractor accepts an order, the Contractor is obligated to perform in accordance
with the terms and conditions of the contract.
12. To obtain additional information, contact:
Konrad K. Plachetta – FN/2
Wisconsin Department of Natural Resources
101 S Webster Street, Box 7921
Madison, WI 53707-7921
Phone: 608-266-0311
Fax: 608-264-6277
e-mail: konrad.plachetta@wisconsin.gov
3
Requirements and Prices
A.4. Item Requirements
ITEM
DESCRIPTION
1,2&3
On Call Use Period:
January 1, 2015 (or upon signing of contract) – December 31, 2017
Aircraft Requirement:
Single engine agricultural aircraft, fully Contractor Operated and equipped as
specified in Section B
Support/Service Vehicle
Requirement:
One vehicle per aircraft equipped as specified in Section B.
Crew Requirements:
Pilot-in-Command (PIC) with Federal fire fighters agencies “Level I” SEAT pilot
endorsement and Support/Service Vehicle Driver.
A relief crew is not required. However, if a relief crew is requested by the State
and provided by the contractor, contractor provided relief pilots may be “Level I” or
“Level II” qualified as specified in Sections B and C.
Required Aircraft
Requirements:
Configuration:
An “Air Tractor” or “Hatfield” inline type gate or equivalent.
Payload:
A tank size of 800 US gallons and payload of 7,360 pounds.
Performance:
Aircraft cruise speed greater than 165 mph, with a payload of 800 US gallons of
material weighting 7,360 pounds.
Aircraft Type:
AT-802
4
SECTION A – REQUIREMENTS AND PRICING
FOR STATE USE ONLY – DO NOT WRITE IN THIS AREA
Contracting Officer will complete when fuel adjustments are made – C9
Fuel prices obtained from http://www.airnav.com/fuel
FUEL ADJUSTMENT WORKSHEET
INITIAL BASE PRICE
Effective Date: October 16,
2014
Average
Twin Ports Flying Service
Superior, WI
KSUW
Rice Lake Air Center
Rice Lake, WI
KRPD
Heartland Aviation
Eau Claire, WI
KEAU
Wings Air Charter LLC
Wisconsin Rapids, WI
KISW
Executive Air
Green Bay, WI
KGRB
Wisconsin Aviation
Madison, WI
KMSN
Jet Fuel
$5.16
FUEL ADJUSTMENT WORKSHEET
RE-ESTABLISHED BASE PRICE
Effective Date:
PREVIOUS BASE PRICE
Average / Reference Price
Twin Ports Flying Service
Superior, WI
KSUW
Rice Lake Air Center
Rice Lake, WI
KRPD
Heartland Aviation
Eau Claire, WI
KEAU
Wings Air Charter LLC
Wisconsin Rapids, WI
KISW
Executive Air
Green Bay, WI
KGRB
Wisconsin Aviation
Madison, WI
KMSN
Jet Fuel
FUEL ADJUSTMENT WORKSHEET
RE-ESTABLISHED BASE PRICE
Effective Date:
PREVIOUS BASE PRICE
Average / Reference Price
Twin Ports Flying Service
Superior, WI
KSUW
Rice Lake Air Center
Rice Lake, WI
KRPD
Heartland Aviation
Eau Claire, WI
KEAU
Wings Air Charter LLC
Wisconsin Rapids, WI
KISW
Executive Air
Green Bay, WI
KGRB
Wisconsin Aviation
Madison, WI
KMSN
Jet Fuel
FUEL ADJUSTMENT WORKSHEET
RE-ESTABLISHED BASE PRICE
Effective Date:
PREVIOUS BASE PRICE
Average / Reference Price
Twin Ports Flying Service
Superior, WI
KSUW
Rice Lake Air Center
Rice Lake, WI
KRPD
Heartland Aviation
Eau Claire, WI
KEAU
Wings Air Charter LLC
Wisconsin Rapids, WI
KISW
Executive Air
Green Bay, WI
KGRB
Wisconsin Aviation
Madison, WI
KMSN
Jet Fuel
5
$5.16
$5.20
$5.39
$5.28
$5.10
$5.00
$4.99
SECTION A – REQUIREMENTS AND PRICING
A.2. Part A, Pricing
Part A – March 1st to May 31st
Complete Shaded Areas Only.
Offeror Name
Contractor Base of
Operations
On Call Use Period
March 1 – May 31
Aircraft for this pricing schedule
Make and Model
FAA Registration #, Tanker #
Payload
(gallons)
Make and Model
FAA Registration #, Tanker #
Payload
(gallons)
Make and Model
FAA Registration #, Tanker #
Payload
(gallons)
Make and Model
FAA Registration #, Tanker #
Payload
(gallons)
Make and Model
FAA Registration #, Tanker #
Payload
(gallons)
Make and Model
FAA Registration #, Tanker #
Payload
(gallons)
ITEM
1a
Description
Pay
Item
Per Day
Unit
Unit Price
Daily Availability Price per Day
2015
1st Year : 3/1/15 – 5/31/15
AV
1
Days
$
2016
2nd Year : 3/1/16 – 5/31/16
AV
1
Days
$
2017
3rd Year : 3/1/17 – 5/31/17
AV
1
Days
$
Variable Pay Items
1b.
Pay
Item
Quantity
Unit
Unit Price
Flight Time – Hourly Rate
2015
1st Year : 3/1/15 – 5/31/15
FT
Indefinite
Hour
$
2016
2nd Year : 3/1/16 – 5/31/16
FT
Indefinite
Hour
$
2017
3rd Year : 3/1/17 – 5/31/17
FT
Indefinite
Hour
$
EP
ET
PD
SM
SC
SC
Indefinite
Indefinite
Indefinite
Indefinite
Indefinite
Indefinite
Hour
Hour
Overnight
Mile
Gallon
Each
c.
d.
e.
f.
g.
h.
Extended Standby - Pilot
Extended Standby - Driver
Subsistence Allowance
Fuel Servicing Vehicle Mileage
Mix, Test and Load Retardant
Contractor Miscellaneous Costs
6
$45.00
$30.00
$104.00
$2.40
$.05
Actual Cost
SECTION A – REQUIREMENTS AND PRICING
A.2. Part B, Pricing
Part B - January 1 – February 28/29 & June 1 - December 31
Complete Shaded Areas Only.
Offeror Name
On Call Use Period
January 1 – February
28/29 & June 1 December 31
Contractor Base of
Operations
Aircraft for this pricing schedule
Make and Model
FAA Registration #, Tanker #
Payload
(gallons)
Make and Model
FAA Registration #, Tanker #
Payload
(gallons)
Make and Model
FAA Registration #, Tanker #
Payload
(gallons)
Make and Model
FAA Registration #, Tanker #
Payload
(gallons)
Make and Model
FAA Registration #, Tanker #
Payload
(gallons)
Make and Model
FAA Registration #, Tanker #
Payload
(gallons)
ITEM
1a
Description
Pay
Item
Per Day
Unit
Unit Price
Daily Availability Price per Day
2015
1st Year : 1/1/15 – 2/29/15 &
6/1/15 – 12/31/15
AV
1
Days
$
2016
2nd Year : 1/1/16 – 2/28/16 &
6/1/16 – 12/31/16
AV
1
Days
$
2017
3rd Year: 1/1/17 – 2/28/17 &
6/1/17 – 12/31/17
AV
1
Days
$
Pay
Item
Quantity
Unit
2015
1st Year : 1/1/15 – 2/29/15 & 6/1/15 –
12/31/15
FT
Indefinite
Hour
$
2016
2nd Year : 1/1/16 – 2/28/16 & 6/1/16 –
12/31/16
FT
Indefinite
Hour
$
2017
3rd Year: 1/1/17 – 2/28/17 & 6/1/17 –
12/31/17
FT
Indefinite
Hour
$
Extended Standby - Pilot
Extended Standby - Driver
Subsistence Allowance
Fuel Servicing Vehicle Mileage
Mix, Test and Load Retardant
Contractor Miscellaneous Costs
EP
ET
PD
SM
SC
SC
Indefinite
Indefinite
Indefinite
Indefinite
Indefinite
Indefinite
Hour
Hour
Overnight
Mile
Gallon
Each
Variable Pay Items
1b.
c.
d.
e.
f.
g.
h.
Unit Price
Flight Time – Hourly Rate
7
$45.00
$30.00
$104.00
$2.40
$.05
Actual Cost
SECTION A – REQUIREMENTS AND PRICING
Target Aircraft Requirement Questionnaire
OFFERER NAME__________________________________
ITEM # ________________
Aircraft Make and Model _____________________________________________________
Serial Number ______________________
FAA Registration N_ __________________
Tanker Number (if assigned) __________________________________________________
Hopper Door Model _________________________________________________________
Extended Wings?
___ Yes
___ No
Attach FAA Approval
Operating Cruise Speed _______________ knots
Engine Make & Model _____________ Max Continuous HP _________ Attach Documents
Fuel Capacity (usable):
___________________ gallons
Fuel Burn _______GPH*
Jet fuel X 6.78 _______pounds
Certified Gross Weight
Type Certificate
____________ pounds (1)
STC (attach copy authorizing S/N)
____________ pounds (1)
Cam 8 (attach copy of logbook entry)
____________ pounds (1)
Aircraft Empty Weight
Weighing Record Date _______________
____________ pounds
Changes +/-
____________ pounds
(if applicable)
Required Equipment (if applicable)
____________ pounds
Revised Empty Weight
____________ pounds (2)
Pilot
__
Fuel for 1 ½ hours (using calculated GPH described)
____________ pounds (4)
Basic Operating Weight
____________ pounds (5)
Total of lines 2 thru 4
200____ pounds (3)
Maximum Payload Pounds Difference of line 1 and 5
____________ pounds (6)
Payload in Gallons (pounds/9.2)
____________ gallons (7)
Maximum Approved Hopper Capacity (Check approval method)
____________ pounds (8)
___Type Certificate ___STC ___CAM 8
Maximum Approved Hopper Capacity (Check approval method)
____________ gallons (9)
___Type Certificate ___STC ___CAM 8
Lesser of 6 or 8
____________ Capacity in pounds
Lesser of 7 or 9
____________ Capacity in gallons
* 75% of Max rated power
Additional Aircraft may be added during life of contract
8
STATE OF WISCONSIN
SECTION A – REQUIREMENTS AND PRICING
Bid / Proposal # E-021-20
DOA-3477 (R05/98)
Commodity / Service
VENDOR INFORMATION
1.
BIDDING / PROPOSING COMPANY NAME
FEIN
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
2.
State
Zip + 4
Name the person to contact for questions concerning this bid / proposal.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
3.
State
Zip + 4
Any vendor awarded over $50,000 on this contract must submit affirmative action information to the
department. Please name the Personnel / Human Resource and Development or other person responsible
for affirmative action in the company to contact about this plan.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
)
Address
City
4.
State
Zip + 4
Mailing address to which state purchase orders are mailed and person the department may contact
concerning orders and billings.
Name
Title
Phone
(
)
Toll Free Phone
FAX
(
)
E-Mail Address
(
Address
City
5.
State
CEO / President Name
9
Zip + 4
)
SECTION A – REQUIREMENTS AND PRICING
This document can be made available in accessible formats to qualified individuals with disabilities.
10
SECTION B – TECHNICAL SPECIFICATIONS
B. Technical Specifications
B.2.3.5.
Obtaining maintenance, preventive
maintenance, and servicing of aircraft, when the pilot is
authorized to act for the operator.
GENERAL REQUIREMENTS
B.1.
Scope of Contract
B.1.1. The intent of this contract is to obtain CWN
aircraft flight services in support of water/retardant
application for fire suppression by airplanes approved for
use as single engine air-tankers (SEAT’s). Contractor
services shall include an airplane, personnel,
support/service vehicle, fuel and all other associated
equipment as specified in this solicitation.
B.2.3.6.
Refueling, detection of fuel contamination,
and protecting from fire (including electrostatic protection).
B.1.2. The State has interagency and cooperative
agreements with other Federal, State and Provincial
agencies. The State may dispatch aircraft under this
contract for such cooperative use.
B.2.4.
B.2.
B.2.3.7.
Compliance with flight manual “emergency
procedures”.
B.2.3.8.
Training Plan
The contractor is required to have written, initial and
recurrent training plans. This training plan should cover,
but is not limited to the following items, as appropriate:
Certification
B.2.4.1.
Contractor must obtain and keep current all of the
following required certificates and must ensure that
contract aircraft are operated and maintained in
compliance with those certificates at all times.
Qualification procedures for pilots.
B.2.4.2.
Familiarization with company policy, aircraft
flight manuals ,and this contract.
B.2.4.3.
Procedures for general operations,
deployment and dispatch, and enroute operations.
B.2.1. The Contractor shall be currently certificated
under 14 Code of Federal Regulations (CFR) Part 137
Agricultural Aircraft Operations.
B.2.4.4.
Tactical use of SEATs.
B.2.4.5.
Review of 14 CFR, Part 91, General
Operating and Flight Rules and 14 CFR Part 137,
agricultural aircraft operations.
B.2.2. Any aircraft proposed under this agreement
must be certificated in the Restricted Category under 14
CFR Part 21.25 and 21.185 to include the special
purpose of forest and wildlife conservation (fire
suppression) work or certificated in a Standard
Airworthiness category under 14 CFR Part 21.187
(Multiple Airworthiness Certification). Surplus or
previously type certificated armed forces aircraft will not
be used. The installation of any special equipment
called for by this contract must be Federal Aviation
Administration (FAA) approved.
B.2.3.
The approved aircraft inspection program.
B.2.4.6.
Aircraft operations to include flight
characteristics (including stalls, slow flight, steep turns,
and maximum performance take offs and landings, flight
instruments and systems operation, fuel management,
and emergency procedures.
B.2.4.7.
Equipment and systems to include operation
and programming of all avionics and navigational
equipment, installed (i.e. GPS, FM radios, etc).
Operations Manual
The contractor is required to have a written operations /
maintenance manual. The manual should include at
least the following procedures:
B.2.4.8.
Flight planning to include, weather
considerations, weight and balance, performance charts,
and load capability determination.
B.2.3.1.
Compliance with aircraft weight and balance
limitations.
B.3.
Contracts
The Contractor shall maintain a copy of the contract and
all modifications in each contract aircraft throughout
performance
B.2.3.2.
Ensuring that required aircraft airworthiness
inspections have been made and that the aircraft has
been approved for return to service.
B.4.
B.2.3.3.
Reporting and recording of mechanical
irregularities that occur before, during and after
completion of a flight.
Condition of Equipment
B.4.1. Contractor-furnished aircraft and equipment shall
be airworthy. Aircraft and equipment shall be free of
damage, and in good repair. Aircraft systems and
components shall be free of leaks except where specified
by the manufacturer.
B.2.3.4.
Determining that all mechanical irregularities
or defects reported during previous flights have been
corrected.
11
SECTION B – TECHNICAL SPECIFICATIONS
B.4.2. All windows and windshields must be clean and
free of scratches, cracks, crazing, distortion, or repairs
which hinder visibility. Temporary repairs, such as safety
wire lacing and stop drilling of cracks, are not acceptable
at initial inspection. All repairs shall be approved by the
manufacturer or FAA.
B.5.6. The PIC shall ensure that the following
equipment is current, operable, and accessible at the pilot
station:
B.4.3. The aircraft interior shall be clean and neat.
Tears, rips, or other damage to the upholstery or
headliner is not acceptable. The exterior finish, including
the paint, shall be clean and neat and in good condition.
B.5.6.2. Cockpit
procedures:
B.5.6.1. Approved pilot's operating handbook (POH),
including performance charts, as appropriate.









B.4.3.1. See the unacceptable lap belt and shoulder
harness conditions, Exhibit 1, for lap belt and shoulder
conditions that are not acceptable.
B.4.4. The aircraft shall be free of chemical odor and
residue. Hopper tanks and the entire aircraft shall be
rinsed with a commercially recognized, chemical
neutralizer.
B.5.
Aircraft Equipment Requirements
The Contractor must supply one fully compliant aircraft
that is equipped as shown below:
Rate-of-climb indicator.
B.5.2.
Landing lights.
B.5.3.
White wing-tip strobe lights.
following
and
Apparatus
for
Fire
B.5.7.1.
Tank shall have a controllable gate/door
system that allows the volume of the tank to be released
in selected drop configurations including full salvo,
reduced flow/extended trail, or partial tank (split) drops.
Minimum fluid opening shall be 360 square inches, with
tank venting appropriate to the tank capacity. Functional
configuration may be a single door, multiple-door, split
door, or rotary gate. Control may be mechanical, hydraulic
or pneumatic, or a combination. The pilot operated switch
(retardant release switch) location must be standardized
across the operator’s entire fleet of available aircraft.
B.5.1.2.
Directional Gyro (DG), or a Vertical Card
Compass designed and manufactured in accordance
with a Technical Standard Order (TSO) authorization.
B.5.1.4.
the
Before starting engines
Before takeoff
Cruise
Before drop
After drop
Before landing
After landing
Stopping engine
Emergencies:
 Fuel
 Hydraulic
 Electrical
 Mechanical
B.5.7. Aircraft Tank
Suppressant Materials
B.5.1.1.
Gyroscopic rate-of-turn, slip/skid indicator
(turn and bank).
Free air temperature indicator.
containing
B.5.6.3.
Current aviation charts covering area of
operation.
B.5.1. The aircraft shall be equipped with the
instruments required by certification and in accordance
with 14 CFR Parts 91.205 (DAY VFR). The following
additional instruments shall be installed, operable, and
airworthy:
B.5.1.3.
checklist
B.5.7.2.
All systems must have an emergency dump
feature that enables the load to be dropped in less than
six seconds, operated by the normal “dump handle” (the
lever normally used for operating the gate during the
application of dry material such as seed or fertilizer) in a
single, one-step operation.
B.5.4. High visibility, pulsating, forward facing,
conspicuity lighting. One source for this equipment may
be Field Support Services, 770-454-1130
B.5.7.2.1.
Emergency systems operated by pneumatic
or hydraulic pressure are to be isolated from the normal
tank system so that normal system function or failure of
the normal system pressure does not affect the
emergency system pressure.
B.5.5. The aircraft shall be equipped with 3-inch male
Kamlock couplers on both sides of the aircraft (mil C
27487 or equal) to facilitate loading from either side.
B.5.5.1.
One 1½-inch female National Hose Thread
and one 2 ½ inch female National Hose thread adapters
to 2 inch and 3 inch male and female Kamlock couplers
shall be carried on board the aircraft..
B.5.7.2.2.
Emergency systems dependent on normal
operating systems for initial charge shall have a pressure
gauge or indicator readily visible to the crew.
B.5.7.2.3.
Emergency systems dependent on precharged bottles must have a positive means of checking
system charge during preflight.
12
SECTION B – TECHNICAL SPECIFICATIONS
B.6.2.1.
One automatic-portable/automatic-fixed or
automatic-fixed ELT, certified to either TSO-C91a or
TSO-C126, utilizing an external antenna and meeting the
same requirements as those detailed for airplanes in 14
CFR Part 91.207 (excluding section f), shall be installed
per the manufacturer’s installation manual, in a
conspicuous or marked location.
B.5.7.2.4.
The primary emergency dump control must
be positioned within easy reach of the pilot while
strapped in their seat. Electrically operated controls must
be wired directly from a source of power isolated from
the normal aircraft electrical bus and protected by a fuse
or circuit breaker.
B.5.7.3.
The aircraft shall have the capability of off
loading the tank contents through the Kamlock loading
coupler.
B.6.2.2.
Two panel-mounted VHF-AM (VHF-1, VHF-2)
aeronautical mobile transceivers, with at least one of the
two units having a minimum of 760 channels covering
118.000 to 136.975 MHz and the other with a minimum of
720 channels covering the frequency range of 118.000 to
135.975 MHz, both with channels selectable in no greater
than 2.5 kHz increments, and a minimum of 5 watts
carrier output power, shall be installed in the aircraft.
Each transceiver’s operational controls shall be mounted
in a location which is readily visible and accessible to the
pilot.
B.5.7.4.
The tanks and all operating mechanisms
shall be Original Aircraft Equipment Manufacturer's
(OEM), as listed on the type certificate or other approved
data, or installed in accordance with a FAA STC or FAA
field approval. All dispensing equipment shall be
maintained in accordance 14 CFR Part 43.
B.5.7.5.
The inspection program used by the
Contractor shall provide for a detailed inspection of the
tanks and dumping system, to include emergency
dumping systems, and associated tubing and electrical
system. This inspection shall be performed prior to the
initial State inspection and at least annually thereafter.
Such inspections must include provisions for filling the
tanks to their capacity with water for a leak test. Tanks
shall be maintained in a substantially leak-free condition
throughout the period of performance.
B.6.2.3.
One VHF-FM "multi-mode" aeronautical
transceiver (FM-1), which provides selection of either
narrowband (12.5 kHz) or wideband (25.0 kHz) channel
spacing operation on each channel.
B.6.2.3.1.
The transceiver's operational frequency
range shall include the band of 150 to 174 MHz. The
operator shall be able to program any usable channels
within that band while in flight.
B.6.2.3.2.
Carrier output power shall be 5 to 10 watts
nominal value. The transceiver shall be capable of
displaying receiver and transmitter operating frequency,
and shall provide both receiver and transmitter activation
indicators for MAIN and GUARD.
Simultaneous
monitoring of both MAIN (150-174 MHz) and GUARD
(168.625 MHz) receivers is required. Scanning of the
GUARD frequency is not acceptable. Single-band guard
receivers which operate in the wideband (25.0 kHz) mode
are acceptable.
B.5.8. Aircraft Marking. The SEAT shall have a high
visibility paint scheme, conforming to the national SEAT
standard (Exhibit 2).
B.5.9. An assigned tanker number shall be displayed
on both sides of the vertical stabilizer and/or rudder. The
numbers shall be as large as possible, but at least 12
inches high with the format and spacing the same as
aircraft “N” numbers (ref 14 CFR Part 45.29).
B.6.
B.6.1.
Avionics Requirements
B.6.2.3.3.
One CTCSS sub-audible tone encoder
(which may be an integral part of the transceiver), with a
minimum of 32 selectable tones meeting TIA/EIA-603
standards, shall be interfaced to the above transceiver. It
is desired that the encoder provide a display of the
selected tone.
General
B.6.1.1.
The following systems shall be furnished,
installed, and maintained by the Contractor in
accordance with the manufacturer's specifications and
the installation and maintenance standards listed in this
contract.
Detailed avionics systems performance
requirements are listed in Avionics Operational Test
Standards (copies available upon request from the
Contracting Officer).
B.6.2.4. One, fully operational, Automated Flight
Following
(AFF)
system
compatible
with
the
Government’s AFF tracking network (Webtracker) is
required. Not all available AFF systems are compatible
with Webtracker nor meet Webtracker’s requirements.
The Contractor must ensure that the AFF system offered
is compatible with Webtracker. To view Webtracker’s
current
compatibility
requirements
refer
to
https:/www.aff.gov.
B.6.1.2.
Any digital aeronautical, mobile, or portable
VHF FM radios furnished to meet the requirements of
this document shall also be APCO Project 25 (EIA/TIA102) compliant.
B.6.2.
B.6.2.4.1. The AFF system must be powered by the
aircraft’s
electrical
system,
installed
per
the
manufacturer’s installation manual, and operational in all
phases of flight. AFF equipment must utilize as a
Communications Systems
13
SECTION B – TECHNICAL SPECIFICATIONS
minimum: Satellite communications, provide data to the
Government’s Webtracker software, use aircraft power
via a dedicated circuit breaker for power protection, and
be mounted so as to not endanger any occupant from
AFF equipment during periods of turbulence. Any AFF
manufacturer-required pilot display(s) or control(s) must
be visible and selectable by the pilot(s). Remote
equipment having visual indicators should be mounted in
such a manner as to allow visual indicators to be easily
visible.
an approved, fixed, external (to the receiver) antenna, and
be powered by the aircraft electrical system.
B.6.2.4.2. AFF communications must be fully
operational in the states of Wisconsin, Minnesota,
Michigan, as well as Southern Manitoba and Southern
Ontario Canada. Not all manufacturers’ AFF equipment
communication links will operate effectively in all
geographic areas.
B.6.5.
B.6.2.4.3. The Contractor must maintain a subscription
service through the AFF equipment provider allowing
AFF position reporting for satellite tracking via
Webtracker. The position-reporting interval must be
every 2 minutes while the aircraft is in flight. The
Contractor must register their AFF equipment with the
Boise Help Desk providing: Complete tail number,
manufacturer and serial number of the AFF transceiver;
aircraft make and model; and Contractor contact
information. In all cases, the contractor must ensure that
the correct aircraft information is indicated within
Webtracker. The Contractor must contact the FAHD of
system changes, scheduled maintenance, and planned
service outages.
B.6.5.2.
Fuel Truck Radio: One VHF-FM "multi-mode"
two-way mobile radio, with a matched broadband
antenna, shall be installed in the fuel-servicing vehicle.
The radio's operational bandwidth shall include the 150
MHz to 174 MHz frequency band, with userprogrammable (in the field) channels. Selection of
wideband (25.0 kHz) or narrowband (12.5 kHz) spacing is
required on each channel. The radio shall be frequencysynthesized, equipped with the lowest 32 CTCSS subaudible tones, and develop a minimum of 30 watts carrier
output power. The use of appropriate portable VHF-FM
radios with suitable output power booster units is
permissible.
B.6.4.
Audio Systems
One audio control system shall be provided which
provides controls for selection and operation of all
installed transceivers via a single set of jacks through
which the helmet-mounted noise-canceling microphone
and earphones are connected.
Other Avionics
B.6.5.1.
Transponder: One ATC transponder and
altitude reporting system meeting the requirements of 14
CFR Part 91.215 (a) and (b) and tested and inspected per
14 CFR Part 91.413.
B.6.6.
B.6.2.4.4.
Registration contact information, a Webaccessible feedback form, and additional information are
available at https://www.aff.gov . The FAHD can be
reached at (800) 253-5559 or (208) 387-5290.
Avionics Installation and Standards
B.6.6.1.
All avionics systems used in or on the aircraft
and their installation and maintenance shall comply with
all applicable requirements of the CFR.
B.6.2.4.5.
Prior to the aircraft’s contract inspection,
the Contractor must ensure compliance with all AFF
systems requirements. The Contractor must additionally
perform an operational check of the system. As a
minimum, the operational check must consist of
confirming the aircraft being tested is displayed in
Webtracker (indicating it is currently transmitting data to
Webtracker) and that all information displayed in
Webtracker is current.
B.6.6.2.
Strict adherence to the recommendations in
FAA AC 43.13-1B Chapter 11, "Aircraft Electrical
Systems," and Chapter 12, "Aircraft Avionics Systems,"
as well as AC 43.13-2A Chapter 1, "Structural Data,"
Chapter 2, "Radio Installation,” and Chapter 3, "Antenna
Installation” is required.
B.6.6.3.
Antennas shall be polarized as required by
the avionics system, and have a forward/reflected VSWR
ratio of 2.5 to 1 or better.
B.6.2.4.6.
This clause incorporates Specification
Section
Supplement
available
at
https://www.aff.gov/contractspecs.asp with the same
force and effect as if they were presented as full text
herein.
B.6.6.4.
Avionics equipment will not be mounted under
seats designed for deformation during energy attenuation.
In all instances, the designated areas for collapse shall be
protected.
B.6.3.
B.7.
Navigational Systems
Fuel Truck/Support Vehicle Requirements
NOTE: Support Truck(s) are not required for
Amphibious SEATs, (float equipped aircraft).
One Global Positioning System (GPS) receiver, which
shall utilize the WGS-84 datum, and reference latitude
and
longitude
coordinates
in
the
DM
(degrees/minutes/decimal minutes) mode for aircraft
positioning. The GPS shall be securely mounted, utilize
B.7.1. The support vehicle may be combined with the
fuel service vehicle. If the support vehicle is a separate
vehicle, and does not transport fuel for aircraft, it must
14
SECTION B – TECHNICAL SPECIFICATIONS
meet the vehicle requirements listed under Fuel
Servicing Vehicle “General”. The weight of water need
not be considered as part of the GVW. Each vehicle
must be equipped with a listed fire extinguisher of at
least 20-B:C capacity meeting NFPA Manual 10
standards and a first aid kit meeting the requirements in
Exhibit 4.
B.7.2.1.
Contractor fuel servicing vehicles must meet
all requirements of 49 CFR applicable to the type of fuel
being transported .
B.7.2.2.
An approved fuel-servicing vehicle shall be
provided with each aircraft. The fuel servicing vehicle
shall be stationed at the base of operation unless
dispatched by the State. In lieu of federal carding a state
inspection may be required to insure compliance with the
requirements of this contract.
B.7.1.1.
The support vehicle shall have a minimum
water capacity equal to two times the approved hopper
capacity. The volume of the mix tank may be included in
calculating the minimum water capacity. The vehicle
must be capable of localized transport of this capacity of
water.
B.7.2.3.
Trailers shall have an effective wheel-braking
system. The power for the trailer braking system shall be
controlled from the towing vehicle.
B.7.1.2.
The vehicle shall have hose couplers to
accept water from State equipment as follows:
B.7.2.4.
The fuel servicing vehicle tank capacity shall
provide for a minimum of 6 hours of flight time. The fuel
servicing vehicle manufacturer's gross vehicle weight
(GVW) with full fuel tanks and accessories shall not be
exceeded. The fuel and support servicing vehicles shall
be capable of carrying the Contractor crew’s overnight
gear, and other items to support a lengthy assignment.
B.7.1.3.
One 1½-inch female National Hose Thread
and one 2 ½ inch female National Hose Thread adapters
to 2 inch and 3 inch male and female Kamlock couplers.
B.7.1.4.
The support vehicle minimum batch mixing
capability in a single vessel shall be at least equal to the
volume of the aircraft hopper, and must always be used.
When applicable, the party mixing and loading shall
verify the correct retardant mix with a Contractor
supplied refractometer and record the results prior to
loading the aircraft.
B.7.2.5.
Fuel servicing vehicles shall be properly
maintained, clean, and reliable. Fuel tanks, plumbing,
filters, and other required equipment shall be free of rust,
scale, dirt, and other contaminants. All leaks shall be
repaired immediately.
B.7.1.5.
The support vehicle batch mixing equipment
must be capable of loading and mixing both dry powder
and liquid concentrate retardant products.
B.7.2.6.
All tanks will be securely fastened to the
vehicle frame and shall have a sump or sediment settling
area.
B.7.1.6.
Retardant products shall be introduced into
the aircraft through the loading system apparatus, and
not poured directly into the hopper.
B.7.2.7.
Filter and pump sizes shall be compatible with
the aircraft being serviced. A 10-gallon-per-minute flow
rate delivered by the filter and pumped at the nozzle is the
minimum size acceptable.
B.7.1.7.
Material from the servicing vehicle or other
source shall be loaded through a standard dry-break
coupler or shut-off valve.
B.7.2.8.
Gasoline engine driven pumps shall have an
ignition system designed to prevent arching and an
approved spark arrestor muffler. All gasoline-powered
refueling pumps shall have a metal shield between the
pump and engine.
B.7.1.8.
Loading system hoses and fittings shall be
capable of containing residual material without leaking.
B.7.1.9.
The material loading system shall be capable
of pumping all ordered materials including gel (3 in.
minimum hose required) at the rate of at least 100
gallons per minute.
B.7.3.
B.7.3.1.
Each aircraft fuel servicing tank vehicle shall
have two listed fire extinguishers, each having a rating of
at least 20-B:C, with one extinguisher mounted on each
side of the vehicle.
B.7.1.10. No material shall be loaded with the aircraft
engine running, or propeller turning, unless the loading
operations are conducted in a secure area (without
presenting undue hazards to other personnel and/or
property). The loading port shall be located behind the
wing and clearly marked.
B.7.3.2.
Tanks erected for aboveground storage, and
tanks mounted on vehicles shall be designed to allow
contaminants to be removed from the sump or sediment
settling area.
B.7.1.11. An operable refractometer shall be carried
on the support vehicle and used to check the mixture
ratio of each batch of mixed retardant.
B.7.2.
Fuel Servicing Vehicle: Equipment
B.7.3.3.
Only conductive hoses compatible with the
aviation fuel being serviced will be used (NFPA Manual
407, paragraph 5.4.6). Hoses that comply with API BULL
1529 hose Type C, Type F, and Type CT are known to
Fuel Servicing Vehicle: General
15
SECTION B – TECHNICAL SPECIFICATIONS
meet this requirement.
repair.
Hoses shall be kept in good
B.7.4.9.
At least one spare filter, seals, and any other
spare components of the fuel servicing vehicle filtering
system shall be stored in a clean, dry area in the fuel
servicing or support vehicle.
B.7.3.4.
The fuel nozzle shall include a 100 mesh or
finer screen, a dust protective device and a bonding
cable with clip or plug. Nozzle hold-open devices are not
permitted.
B.7.5.
B.7.5.1.
Each fuel servicing vehicle shall have NO
SMOKING within 50 ft. signs with 3-inch minimum letters
visible from both sides and rear of vehicle.
B.7.3.5.
An accurate fuel metering device for
registering quantities in U.S. gallons of fuel pumped shall
be provided. The meter shall be positioned in full view of
the fuel handler while fueling the aircraft.
B.7.5.2.
Each fuel servicing vehicle shall also be
conspicuously and legibly marked to indicate the nature of
the fuel. The markings shall be on each side and the rear
in letters at least 3 inches high on a background of a
sharply contrasting color such as Avgas by grade or jet
fuel by type.
B.7.3.6.
Fuel servicing vehicles shall have adequate
bonding cables and shall be utilized in accordance with
NFPA Manual 407.
B.7.3.7.
The Contractor shall be responsible for all
cleanup of fuel, oil, and retardant contamination on
airport ramps, retardant sites, parking areas, landing
areas, etc., when caused by Contractor aircraft,
equipment, or personnel. Fuel servicing vehicles shall
carry sufficient petroleum product absorbent pad or
materials to absorb or contain a 5-gallon petroleum spill.
The Contractor is responsible for proper disposal of all
products used in the cleanup of a spill in accordance
with the EPA (40 CFR Parts 261 and 262).
B.7.4.
Fuel Servicing Vehicle: Markings
EXAMPLES: Jet-A white on black background or Avgas
100 white on blue background.
B.7.6.
Fuel Servicing Vehicle: Operations
B.7.6.1.
The NFPA Manual 407 requirement that fuel
servicing shall not be performed on fixed wing aircraft
while an onboard engine is operating shall be observed
unless the aircraft is equipped with a dry-break refueling
system. The fueling system port must be located behind
the wing and of a different size and/or type than any other
port used for the loading or unloading of any material
(1inch buckeye or equal). This port must be clearly
marked as to the type and quantity of fuel.
Fuel Servicing Vehicle: Filtering System
B.7.4.1.
The fuel filtration system shall be designed to
withstand fuel system pressures and flow rates.
B.7.4.2.
The
filter
manufacturer's
operating,
installation and service manual shall be carried in the
fuel-servicing vehicle and followed.
B.7.6.2.
State personnel shall not be involved with
refueling of contract aircraft.
B.7.6.3.
All fueling operations are to be conducted in a
secure area, without presenting undue hazards to other
aircraft or personnel.
B.7.4.3.
Filtration must meet one of the following
qualifications: Institute of Petroleum (IP), API 1581, or
Mil-F-8901E.
B.7.6.4.
There shall be no simultaneous “hot” loading
and refueling.
B.7.4.4.
The filter vessel shall be placarded indicating
the filter change date.
PERSONNEL REQUIREMENTS
B.7.4.5.
Differential pressure gauges shall be
installed on refueling systems if required by the filter
manufacturer or in systems with operating pressures of
25 psi and above.
B.8.
Pilot Requirements and Authority
B.7.4.6.
The filter assembly shall be mounted to allow
room for draining and pressure flushing of the unit. If
installed, water sight gauge balls shall be visible.
The Contractor must furnish a pilot for each day the
aircraft is required to be available. The pilot must have the
authority to represent the contractor in all matters except
changes in price and time unless the Contracting Officer
(CO) is notified otherwise, in writing, prior to performance.
B.7.4.7.
Fueling systems shall utilize three-stage
(filter, water separator, monitor) systems which are
API/IP 1581 or Mil-F-8901E qualified.
B.9.
Pilot Qualifications
The Contractor must provide a pilot(s) who meets the
following minimum qualifications and who possess the
required certificates or evidence of having satisfactorily
passed the evaluations for the required tasks:
B.7.4.8.
Single-Stage Systems or Three-In-One Filter
Canister Systems (API/IP 1583 qualified) shall utilize a
single element with a cartridge of a size compatible with
the pump’s flow rate.
B.9.1. General
16
SECTION B – TECHNICAL SPECIFICATIONS
Pilots must have taken and successfully passed the
following courses, which are available on the Internet at
no charge:
Pilot flight hours will be verified from a certified pilot log.
Further verification of flight hours may be required at the
CO’s discretion.
1. One of the following: SEAT pilot computer-based
training at https://www.iat.gov. or SEAT national training
course.
B.9.2. Minimum Qualifications
The Contractor must provide a pilot(s) who meets the
following minimum qualifications and who possess the
required certificates or evidence of having satisfactorily
passed the evaluations for the required tasks:
2. A-109, Aviation Radio Use, at https://www.iat.gov.
3. A-111, Flight Payment Document, at https://www.iat.gov.
(If you encounter problems with the above training
modules, call 208-387-5872 for assistance.)
B.9.2.1. An FAA commercial pilot certificate or higher
and instrument rating for airplanes.
B.9.4. Approved pilots must be designated as “Level I”
(journeyman level) or Level II. Pilot Levels are described
below and are based on the criteria shown:
B.9.2.2. A minimum of a current Class II medical
certificate, issued under provisions of 14 CFR Part 67.
B.10.
B.9.2.3. Category and class ratings in the aircraft to be
flown, or type rating if required.
The Contractor must monitor and remove any personnel
for fatigue or other causes before they reach their daily
duty or flight limitations.
B.9.2.4. Meet the requirements of 14 CFR Part 61.56(a)
and (c), or (d) and "recent flight experience pilot-incommand" of 14 CFR Part 61.57.
B.10.1. The State may issue a notice reducing the length
of personnel duty days and/or increasing days off either
on a geographic or agency-wide basis.
B.9.2.5. Meet the requirements of 14 CFR Part 137.53.
B.9.2.6. Accumulated minimum pilot-in-command time
as follows:
B.9.2.6.1.
1,500 hours…total in all aircraft.
B.9.2.6.2.
1,200 hours…in airplanes.
Personnel Duty Limitations
B.11.
Flight Crewmembers
Limitations
Duty
and
Flight
Assigned duty of any kind shall not exceed 14 hours in
any 24-hour period. Duty includes flight time, ground duty
of any kind and standby as defined in C.15.1. On
assigned days off crewmembers may be placed on a 30
minute call back status which will not be considered as
duty. Local travel up to a maximum of 30 minutes each
way between the work site and place of lodging will not be
considered duty time. Flight crewmembers will be subject
to the following duty hour limitations.
B.9.2.6.3. 200 hours…in category and class to be
flown (airplane, single-engine land or single-engine sea
or both, as appropriate.
B.9.2.6.4. 100 hours…in airplanes in the last 12
months.
B.9.2.6.5. 25 hours…in the same make and model to
be flown (for amphibious aircraft, a minimum of 10
scooping and delivery cycles are required).
B.9.2.6.6. 10 hours…in airplanes in the preceding 60
days.
B.9.2.6.7. For amphibious aircraft… 5 hours…in make
and model in the preceding 30 days.
B.9.2.6.8. 200 hours…of low-level flight (below 500
feet AGL) in airplanes. This must include at least 100
hours dispensing agricultural materials or chemicals.
B.9.2.6.9. 5 hours…in make and model to be flown,
each calendar year, including (1) five takeoffs and
landings and (2) at the discretion of the pilot inspector,
dropping of two full loads of fire suppressant material
under the inspector’s observation. The drops must be in
an aircraft supplied by the contractor at no expense to
the State.
B.11.1. A maximum of 14 consecutive duty hours during
any assigned duty period.
B.11.1.1. The pilot shall be given a minimum of 10
consecutive hours of rest (off duty), prior to any assigned
duty period.
B.11.1.2. A day in which a pilot records 3 or more hours
of flight time will be considered a “Fatigue Day”. Any pilot
recording 6 consecutive “Fatigue Days” will be given the
following calendar day off.
B.11.2. Flight Limitations
B.11.2.1. All flight time, regardless of how or where
performed, except personal pleasure flying, will be
reported by each flight crewmember and used to
administer flight time and duty time limitations.
B.9.3. Aerial firefighting knowledge.
17
SECTION B – TECHNICAL SPECIFICATIONS
B.11.2.2. Flight crewmembers will be limited to the
following flight hour limitations, which shall fall within
their duty hour limitations:
flight, landing site, or drop which is considered hazardous
or unsafe.
B.15.2. Must not permit any passenger to ride in the
aircraft. The pilot must not permit any cargo to be loaded
in the aircraft unless authorized by the CO or his
authorized representative.
B.11.2.2.1. Maximum of 8 hours flight time during any
assigned duty period.
B.11.2.2.2. A maximum of 42 hours flight time during
any consecutive 6-day period. When a pilot acquires 36
or more flight hours in a consecutive 6-day period, the
pilot will be given the following one calendar day off duty
for rest, after which a new 6-day cycle will begin.
B.12.
B.15.3. Must be responsible for ensuring that there are
no maintenance discrepancies prior to flight. Any
discrepancy must be addressed in accordance with the
operator's procedures and this contract.
Fuel Servicing, Support/Service Vehicle
Driver Requirement and Qualifications
B.15.4. Must fly normal airport traffic patterns and, while
flying to and from operations, remain a minimum of 500
feet above the surface.
For each day the aircraft is required to be available, the
Contractor must furnish support/service vehicle driver(s).
Each driver may be requested to demonstrate
knowledge of correct fueling, safety, suppressant
loading/mixing procedures for equipment installed on the
fuel/servicing, support/service vehicle. The driver(s) may
be required to demonstrate the correct use of the
Contractor provided refractometer to measure retardant
mixtures.
B.13.
B.15.5. May function as a mechanic when the aircraft is
not available due to required maintenance, provided that:
B.15.5.1. He/she possesses a valid FAA mechanic
certificate with appropriate airframe and/or powerplant
ratings.
B.15.5.2. Any time during which the pilot is engaged in
mechanic duties will apply against the pilot's duty
limitations. All time in excess of 2 hours (not necessarily
consecutive) must apply against the pilot's flight
limitations (e.g., 3 hours of mechanic duties counts 1 hour
against flight time limitations).
Fuel Service/Support Vehicle Driver Duty
Limitations
B.13.1. Fuel servicing vehicle drivers shall comply with
Department of Transportation (DOT) Safety Regulations
49 CFR Parts 390-399, including duty limitations. It is the
Contractor’s responsibility to ensure that employees
comply with DOT regulations.
B.15.5.3. A certificated mechanic, other than the pilot-incommand of that aircraft, performs scheduled inspections.
B.15.6. Is responsible for determining the aircraft’s gross
weight and must ensure that the aircraft's type certificate
limitations or authorized increased weight is not
exceeded. When necessary, due to density altitude or
ambient conditions, the pilot must download the aircraft by
an amount that will preserve a safe margin of
performance. The following items must be included in the
aircraft's operating weight for performance calculations:
B.13.2. The fuel servicing vehicle driver will be
responsible for keeping the State apprised of his/her
duty limitation status.
B.13.3. Relief or substitute fuel servicing vehicle drivers
reporting for duty under any contract may be required to
furnish a record of all DOT duty time during the previous
14 days.
B.14.
B.15.6.1. Empty weight of the aircraft (in the required
configuration).
Relief Crew Requirement
A relief crew is not required. However, if a relief crew is
requested by the State and provided by the contractor,
contractor provided relief pilots may be “Level I” or “Level
II” qualified as specified in Sections B and C.
B.15.6.2. Pilot
equipment.
with
required
personal
protective
B.15.
B.15.6.4. Fuel sufficient for the flight plus a 30-minute
reserve computed at the average fuel-burn rate.
B.15.6.3. Necessary flight kit materials.
Pilot Authority and Responsibility
The contractor must ensure that the pilot is responsible
for: (1) operating the aircraft within its operating limits,
(2) the safety of the aircraft, and (3) for the cargo. The
contract pilot:
B.15.6.5. Fire suppressant material weight, calculated at
8.3 pounds per gallon for water and gel, 8.5 pounds per
gallon for foam, and 9.2 pounds per gallon for retardant.
B.15.1. Must comply with State directions except, when
in the pilot's judgment; such compliance would violate
Federal or State regulations or contract terms and
conditions. The pilot has final authority to refuse any
B.15.6.6. All equipment required by sections B5. B6,
and B7 of this contract.
18
SECTION B – TECHNICAL SPECIFICATIONS
B.15.6.7. Other Contractor parts and supplies carried
on board the aircraft.
agency personnel the amount of fuel on board at the time
of departure for each ordered flight.
B.15.7. The pilot may be required to correctly mix, test,
and load State-provided retardants and suppressants at
remote sites.
B.16.10. Enroute flight following. Pilots are responsible for
flight following with the FAA, ICAO, and/or in accordance
with the agency’s approved flight following procedures.
Check in intervals must not exceed one-hour intervals
under normal circumstances.
B.16.
Flight Operations
Regardless of any status as a public aircraft operation,
the Contractor must operate in accordance with
applicable FAA regulations (including those portions
applicable to civil aircraft) and each certification required
under section B2, unless otherwise authorized by the
CO. The Contractor must ensure that all personnel
operate in compliance with the following requirements:
B.16.11. Day/night use. State ordered single-engine
aircraft flights must be limited to flight during daylight
hours and under VFR conditions only. Daylight hours are
defined as from 30 minutes before official sunrise to 30
minutes after official sunset.
B.16.12. To maintain airplane readiness and crew
proficiency during the contract period, the State may order
proficiency flights. State ordered proficiency flights will be
paid at the rates set forth in Section A.
B.16.1. All pilots will be briefed on the mission by an
agency representative from the base of operations
before dispensing operations begin.
B.16.13. SEAT aircraft may be loaded by trained State or
contract personnel at temporary or permanent air tanker
bases.
B.16.2. Aircraft may be requested to operate from
areas other than improved airports, such as backcountry
airports or temporarily closed roadways of varying
composition and construction.
B.17.
B.16.3. It is critical that fire suppressant materials be
placed as accurately as possible on the target areas of
the fire. Conditions such as winds, fuels, drop material
density, and gate opening shall be considered. In order
to achieve greater accuracy, the pilot should, when
possible, ascertain from fire officials (Incident
Commander, Airtanker Coordinator, or Air Tactical
Group Supervisor) the precise drop location.
Security of Aircraft and Equipment
The Contractor is responsible for the security of their
aircraft, vehicles, and associated equipment used in
support of this contract.
B.17.1. Physical Security. Any aircraft used under this
contract will be physically secured and disabled via a
dual-lock method whenever the aircraft is unattended.
Any combination of two different anti-theft devices,
designed to lock aircraft, flight control surfaces when not
in use, or designed to secure an aircraft to the ground, are
acceptable, provided they are appropriate for the aircraft.
Operational environments and personnel safety must be
considered when selecting the locking devices and
methods to be used.
B.16.4. Adherence to the minimum safe altitudes
specified in 14 CFR 91.119 is required unless engaged
in actual dispensing operations where the requirements
of 14 CFR 137.49 will apply.
B.16.5. Drop height adjustments that are made must
always be higher than the minimum altitude of 80 feet
above the ground cover / canopy. Except for takeoff and
landing, the pilot must maintain at least 80 feet of
obstacle clearance at all times.
B.17.1.1. Removal and/or disabling of locking devices
and methods must be incorporated into preflight
checklists to prevent accidental damage to the aircraft
and must be installed in a manner which precludes its
inadvertent interference with in-flight operations.
B.16.6. The aircraft's strobe lights must be illuminated
during all flight operations. The aircraft's conspicuity
lighting must be illuminated while within 10 miles of the
fire.
B.17.1.2. Examples of acceptable locking devices and
methods are identified below: Utilization of other means
of securing or disabling an aircraft is acceptable, provided
it achieves a level of security equal to or greater than the
following example methods.
B.16.7. The pilot must not land the aircraft loaded,
unless an emergency precludes jettisoning the load.









B.16.8. The pilot must remain at the aircraft’s flight
controls when the engine is operating.
B.16.9. Flight plans. Pilots must file and operate on an
FAA, ICAO, or agency flight plan. Contractor flight plans
are not acceptable. Flight plans must be filed prior to
takeoff when possible. Pilots must plan flights so as to
land with VFR fuel minimums. Pilots must provide
19
Keyed magneto
Keyed starter switch
Keyed master power switch
Hidden battery cutoff switches
Hidden start relay switches
Throttle/power lever lock
Mixture/fuel lever lock
Locking fuel cutoff
Locking tie down cable
SECTION B – TECHNICAL SPECIFICATIONS






Locking control surface “gust-lock”
Propeller lock
Propeller chain lock
Propeller cable lock
Locking wheel lock or chock
Locking “club”-type devices for control yoke
B.19.1.1. All aircraft fuel and lubricating oils to be used
by the aircraft during the contract period must be supplied
by the Contractor.
B.19.1.2. All fuel must be approved commercial or
military grade aviation fuel. Only fuels meeting the
specifications of American Society for Testing and
Material (ASTM) are authorized for use: ASTM-D-1655
(type Jet A, A-1, or B), Mil-T-5624 (grade JP-4 or JP-5), or
Mil-T-83133A (grade JP-8) for turbine-powered aircraft;
and ASTM-D-910 or Mil G-5572 (Avgas grade 80, 100, or
100LL) for reciprocating-powered aircraft.
Examples of unacceptable locking devices and
methods:


B.18.
Locking aircraft doors
Fenced
B.19.1.3. Contractors obtaining bulk fuel directly from
the distributors must obtain certification that the fuel
delivered to the Contractor's vehicle or storage tanks
meets the specifications of paragraph B19.1.2.
Certificates will be kept until the completion of the contract
period or 30 days after the delivery date of the fuel,
whichever comes first.
Personal Protective Equipment
The Contractor must provide and require personnel to
wear PPE for flight operations. The following items must
be operable and maintained in accordance with the
manufacturer’s
instructions
throughout
contract
performance.
B.19.1.4. Fueling operations, including storage and
handling must comply with the airframe and engine
manufacturer's recommendations and all applicable FAA
standards. The Contractor must have a fuel quality
assurance program as described in the National Fire
Protection Association Fuel-handling handbook (NFPA
407). Copies can be obtained from the National Fire
Protection Association, Batterymarch Park, Quincy, MA
02269. Maintenance and security of fuel storage and
fueling facilities are the Contractor's responsibility.
B.18.1. Personnel involved in the handling of potentially
hazardous materials must wear protective equipment
appropriate for the specific task (i.e., gloves, helmets,
goggles, shields, masks, boots, etc.).
B.18.2. Pilots must wear a one-piece, hard shell flight
helmet with a chinstrap, made of polycarbonate, Kevlar,
carbon fiber, or fiberglass that covers the top, sides
(including the temple area and to below the ears), and
the rear of the head. The helmet must conform to a
national certifying agency standard such as DOT, ANSI,
Snell, or SFI, an appropriate military standard, or
appropriate equivalent standard and be compatible with
required avionics. Helmets such as those specified in
Type Certificate A19SW are acceptable for use.
B.19.1.5. If storage facilities contain more than 1,320
gallons total or if any one container contains more than
660 gallons, EPA regulations will apply (40 CFR Part
112).
B.19.1.6. In accordance with the filter manufacturer's
recommendations, fuel must pass through a filtering
system as outlined in section B7.
B.18.3. Pilots must wear a long-sleeved shirt and
trousers (or long-sleeved flight suit) made of fireresistant polyamide or aramid material or equal. Pilots
must wear boots made of all-leather uppers that come
above the ankles and leather, polyamide, or aramid
gloves. The shirt, trousers, boots, and gloves must
overlap to prevent exposure to flash burns.
B.19.1.7. The Contractor must ensure that they are in
compliance with 40 CFR Part 112: Oil Pollution
Prevention;
Spill
Prevention,
Control,
and
Countermeasure Plan Requirements (SPCC).
B.18.4. Pilot must possess a first aid/survival kit
suitable for individual use located in the cockpit. This kit
should be contained in the flight suit pockets or worn in a
vest or pouch. If the kit is secured in the cockpit, it must
be in a conspicuously marked and accessible location.
B.19.1.7.1. In addition to all minimum requirements
found under 40 CFR Part 112, a SPCC plan is also
required for each mobile fueler (as defined in 40 CFR Part
112) (fuel servicing vehicle) used on this contract
regardless of the bulk storage container (tank) size.
B.18.5. Pilots of amphibious aircraft must wear a
personal flotation device (PFD), inflatable life vest or
jacket for all water operations. The equipment must be
maintained in serviceable condition in accordance with
the manufacturer’s instructions. Automatic inflation
(water activated) PFD’s are not authorized.
B.19.
B.20.
General Maintenance
B.20.1. As a minimum, SEATs must receive annual and
100- hour inspections, and must be maintained in
accordance with an FAA-approved/accepted inspection
program. All maintenance preformed on contract aircraft
must be recorded in the aircraft’s maintenance record in
accordance with 14 CFR parts 43.9, and 43.11 and a
copy of the records required by 14 CFR 91.417 kept with
Fuel and Servicing Requirements
B.19.1. Fuel Requirements
20
SECTION B – TECHNICAL SPECIFICATIONS
the aircraft. An FAA-approved maintenance manual, and
14 CFR 91.405 must be used to accomplish continued
airworthiness. Compliance with all applicable mandatory
manufacturers' bulletins and FAA Airworthiness
Directives (AD) is required. A list must be provided in the
format shown in the Airworthiness Directive Compliance
Record (Exhibit 3), (AC 43.9C, appendix 1).
the name, the weight and arm of each item. Each page of
the equipment list must identify the specific aircraft by at
least serial number or registration number of the aircraft.
Each page of the equipment list will be dated indicating
the last date of weighing or computation. The weight and
balance must be revised each time new equipment is
installed or old equipment is removed.
B.20.2. All maintenance deficiencies must be corrected
or deferred in accordance with 14 CFR Part 91.213.
Equipment required by this procurement may not be
deferred. Deferred discrepancies must be evaluated and
the aircraft approved for use on a case-by-case basis.
Those deficiencies occurring during performance must
be corrected in accordance with appropriate Federal
Aviation
Regulations
or
operator’s
approved
maintenance manual.
B.20.3. Engine overhaul requirements (to improve
engine reliability).
(1) All components, including reciprocating engines,
must be overhauled upon reaching the factoryrecommended time or FAA-approved extension. (2)
Turbine engine hot section inspections (HSIs) and
engine overhaul must be accomplished upon reaching
the factory-recommended time/cycles or, in accordance
with an FAA-approved extension. (3) All time-life parts
due by either hour, cycle, or calendar days must be
replaced upon reaching the factory-recommended time
or FAA-approved extension. (4) All work must be
accomplished in accordance with manufactures or
approved STC holder’s current maintenance instructions
B.20.3.1. The Contractor must supply, at the time of
the initial agency inspection, a list of all items installed on
the aircraft that are required to be overhauled or
replaced on a specified time basis. This list must include
the components name, part number, serial number, total
time, service life (or inspection/overhaul time interval),
and time and date.
B.20.4. The aircraft's required weight and balance data
must be determined by actual weighing of the aircraft
equipped as a SEAT (1) within 24 calendar months
preceding initial State inspection or initial Federal
carding and (2) following any major repair or major
alteration or
change to the equipment list which
significantly affects the center of gravity of the aircraft.
B.20.4.1. All weighing of aircraft must be performed on
scales that have been certified as accurate within the 24
calendar months preceding the date of weighing. The
certifying agency may be any accredited weights and
measures laboratory.
B.20.4.2. A list of equipment installed in the aircraft at
the time of weighing must be compiled. The equipment
list will include the name of each item installed. Items
that may be easily removed or installed for aircraft
configuration changes (seats, doors, radios, special
mission equipment, etc.) must also be listed including
21
SECTION C – CONTRACT TERMS AND CONDITIONS
C.
test and load State provided retardants and suppressants
to manufacturer’s specifications. In addition they may be
requested to demonstrate an acceptable knowledge of
correct fueling procedures and all fueling and safety
equipment on the Support/Service vehicle.
Contract Terms and Conditions
C.1.
C.1.1.
Inspection/Acceptance
Inspection
C.1.4.
After award of the contract and any renewal thereof, an
inspection of the Contractor’s proposed aircraft,
equipment and personnel may be made by the State to
assure compliance with the requirements of the contract.
If an inspection is conducted it will be conducted at the
designated base, Contractor’s facility or other location
acceptable to the State. The State will attempt to
schedule the inspection at a mutually agreeable time and
location.
C.1.4.1. The State may inspect substitute personnel,
aircraft or equipment in lieu of federal carding.
C.1.4.2. Transportation of substitute personnel, aircraft
or equipment to the point of use will be at the Contractor's
expense.
C.1.4.3. At the option of the State, pilots who are
exchanged or replaced after the initial pilot(s) approval,
may be subject to up to three hours each of training or
orientation flight time at Contractor’s expense. (This flight
is in addition to any pilot evaluation flight that is needed.)
The State may suspend the inspection and schedule a
re-inspection
for
another
time/date/site
of
aircraft/equipment/personnel which are not completely
prepared for contract performance or which have been
rejected.
C.1.2.
C.2.
Equipment
Pre-work Meeting
A pre-work meeting between the State and the Contractor
along with their primary crew members may be held prior
to the start of work. The Contractor’s primary crew
members must attend any pre-work meeting that is
scheduled. The meeting may include, but is not limited to:
(1) review of the contract in detail; (2) operational
procedures (dispatch, flight following, hazard/risk
assessment and reduction, airspace coordination,
incident/accident reporting, etc.
C.1.2.1. The aircraft may be inspected to ensure
compliance with all contract requirements. The State
may require in-flight dynamic testing of aircraft systems.
This testing may be conducted in conjunction with pilot
evaluation flight(s), and will be performed at no cost to
the State.
C.1.2.2. Support/Service vehicle(s), fuel cache(s) and
other equipment may be inspected (as applicable) to
assure compliance with contract specifications.
C.3.
C.3.1.
C.1.3.
Inspection of Substitutes
Authority of State Representatives
Contracting Officer (CO)
Personnel
The CO is the appointed State official with authority to
enter into, administer and terminate this contract. No one
but the CO is authorized under any circumstances to:
C.1.3.1. The Contractor shall submit upon request,
completed pilot and mechanic (as applicable),
information forms for all personnel that the Contractor
proposes for use under the contract.
Only those
individuals whose past experience can be verified from
log books, employment records, etc. will be considered
for use on this contract.
C.3.1.1. Award, agree to, or execute any contract,
contract modification, or notice of intent.
C.3.1.2. Obligate in any way, the payment of money by
the State.
C.1.3.2. A pilot evaluation flight shall be conducted
when determined necessary by the State to further verify
the pilot(s)' ability to perform on this contract. The aircraft
used for this evaluation will be the same make, model,
and series as offered for this contract, shall be equipped
with dual controls (where applicable) and shall be
provided by the Contractor for the evaluation flight(s) at
the Contractor's expense. Location of the evaluation
flight(s) may include access to terrain similar to that to be
flown during the contract period. The determination as to
the ability of the pilot(s), through an evaluation flight, to
successfully meet the requirements of this contract will
rest with the State.
C.3.1.3. Terminate, for any cause, the Contractor’s
right to proceed.
The Contracting Officer for this contract shall be Konrad
K. Plachetta, his supervisors or delegates.
Konrad K. Plachetta – FN/2
Wisconsin Department of Natural Resources
101 S Webster Street, Box 7921
Madison, WI 53707-7921
Phone: 608-266-0311
Fax: 608-264-6277
e-mail: konrad.plachetta@wisconsin.gov
C.1.3.3. (If applicable) Each Support/Service vehicle
driver may be required to demonstrate the ability to mix,
22
SECTION C – CONTRACT TERMS AND CONDITIONS
The Contract Administrator (CA) or their designee may:
ADMINISTRATIVE MATTERS
C.3.1.4. Take any or all actions necessary to assure
compliance with the technical and administrative portions
of this contract
C.4.
C.4.1.
Personnel Conduct
Replacement Contractor Personnel
The Contract Administrator for this contract is:
C.4.1.1.
Personnel who perform ineffectively, refuse to
cooperate in the fulfillment of the project objectives, are
unable or unwilling to adapt to field living conditions, or
whose general performance is unsatisfactory or otherwise
disruptive or detrimental to the purpose for which
contracted, shall be replaced by the Contractor. Pilots
who fly recklessly or fail to follow safe operating practices
shall be replaced by the Contractor.
Aeronautics Team Leader, Bureau of Forest Protection
John Jorgensen
Wisconsin Dept. of Natural Resources
101 South Webster Street – FR
Madison, WI 53703
Cell:
608-219-2841
Fax:
608-266-8576
Email: johna.jorgensen@wisconsin.gov
C.3.2.
C.4.1.2.
The Contractor shall be notified by the State
of all unsatisfactory conduct or performance, stating the
conditions of unsatisfactory or unsafe performance by the
Contractor's personnel. An opportunity for corrective
action may be afforded, when the conditions warrant.
When directed by the State, the Contractor at their own
expense, agrees to replace unacceptable personnel notlater-than 24 hours after such notification, or as otherwise
mutually agreed upon. The decision as to unacceptability
shall be at the sole discretion of the State.
SEAT Manager
A Wisconsin State qualified Manager will be assigned to
each SEAT base of operations. In addition to directing
work of the SEAT, the manager has the following
contract administration duties and authority:
(1) Conduct pre-use inspection.
(2) Order aircraft services as provided in the contract.
(3) Secure compliance with all contract provisions and
specifications.
(4) Initiate and sign correspondence and other contract
administration documents over the title “SEAT
Manager”.
(5) Record and agree to availability and flight times.
(6) Approve authorized breaks.
(7) Suspend operations.
(8) Complete Contractor evaluation at end of
assignment.
C.4.2.
Suspension of a pilot under this contract for any reason
may only be accomplished by the CA.
C.4.2.1.
Upon receipt of written correspondence which
indicates a serious safety concern, suspension action of
the pilot may be initiated.
C.4.2.2.
Upon involvement in an Aircraft Accident or
NTSB Reportable Incident (see 49 CFR Part 830), a pilot
operating under this contract may be suspended from
performing pilot duties under this contract.
If the pre-use inspection reveals equipment problems,
the Manager will notify the Contracting Officer.
C.3.3.
Suspension of Pilot
C.4.2.3.
Upon reported involvement in an Incident
where substantial damage to the aircraft or serious injury
to personnel was narrowly avoided, a pilot operating
under this contract may be suspended from performing
pilot duties under this contract
State Aviation Safety Officer
The State Aviation Safety Officer is responsible for all
matters concerning accidents, incidents and review of all
SafeComs.
C.5.
Safety and Accident Prevention
The State Aviation Safety Officer for this contract is:
C.5.1.
Reports
Lead Aircraft Pilot
The Contractor shall furnish a copy of all reports required
to be submitted to the FAA by the FARs that relate to pilot
and maintenance personnel performance, aircraft
airworthiness or operations.
Joe Sprenger
Wisconsin DNR Hanger
7491 County Road K
Siren, WI 54801
Phone:
Cell:
E-mail:
Examples of these reports are:



715-349-7580
715-214-7198
joseph.sprenger@wisconsin.gov
23
14 CFR Part 135.415, Mechanical Reliability
49 CFR Part 830.5 and 49 CFR 830.15
FAA Form 8010-4, Malfunction or Defect Report.
SECTION C – CONTRACT TERMS AND CONDITIONS
C.5.2.
Review
The Contractor of an aircraft for the State shall
immediately, and by the most expeditious means
available, notify the NTSB and the CA when an "Aircraft
Accident" or NTSB reportable "Incident" occurs.
Following the occurrence of a mishap, the State will
evaluate whether noncompliance or violation of
provisions of the contract, the FARs applicable to the
Contractor's operations, company policy, procedures,
practices, programs, and negligence on the part of the
company officers or employees may have caused or
contributed to the mishap. The Contractor shall fully
cooperate with the State in the fulfillment of this clause.
C.5.3.
C.6.3.
Following an "Aircraft Accident" or when requested by the
NTSB following the notification of a reportable "Incident,"
the Contractor will provide the State with information
necessary to complete a NTSB Form 6120.1/2
“Pilot/Operator Aircraft Accident Report”.
Programs
The Contractor shall keep and maintain programs
necessary to ensure safety of ground and flight
operations. The development and maintenance of these
programs are a material part of the performance of the
contract.
The Contractor must submit a "SafeCom" to the State
Aviation Safety Officer within 2 days upon the occurrence
of any condition, observance, act, maintenance problem,
or circumstance which has potential to cause an aviationrelated mishap. Blank SafeComs can be obtained from
agency SEAT managers. Submission of the NTSB Form
6120.1/2 does not replace the Contractor's responsibility
to submit to the State a "Safecom" .
Examples of such programs are 1) personnel activities,
2) maintenance, 3) safety, and 4) compliance with
regulations.
C.6.4.
C.6.
Mishaps
C.6.1.
Definitions
Aircraft Accident. See 49 CFR Part 830.
2. Airspace Conflict. A near mid-air collision, intrusion,
or violation of airspace rules.
C.6.5.
3. Aviation Hazard. Any condition, act, or set of
circumstances that exposes an individual to unnecessary
risk or harm during aviation operations.
4.
Fatal Injury. See 49 CFR Part 830.
5.
Incident. See 49 CFR Part 830.
C.6.5.2.
Following a mishap, the Contractor will ensure
that personnel (pilots, mechanics, etc.) associated with
the aircraft will remain in the vicinity of the mishap until
released by the State. Further, the Contractor fully
agrees to cooperate with the State during an investigation
and make available personnel records, aircraft records,
and any equipment, damaged or undamaged, deemed
necessary by the State.
Operator. See 49 CFR Part 830.
C.6.6.
8. Safecom. An agency Aviation Safety Communiqué
used to report any condition, observance, act,
maintenance problem, or circumstance which has
potential to cause an aviation related accident.
9.
Mishap Investigations
C.6.5.1.
The Contractor shall maintain an accurate
record of all aircraft accidents, incidents, aviation hazards
and injuries to Contractor or State personnel arising in the
course of performance under this contract.
6. Maintenance Deficiency. An equipment defect or
failure which affects or could affect the safety of
operations, or that causes an interruption to the services
being performed.
7.
Preservation Requirements
The Contractor shall not permit removal or alteration of
the aircraft, aircraft equipment or records following an
Aircraft Accident, or Incident until authorized to do so by
the State. Exceptions are when threat to life or property
exists, the aircraft is blocking an airport runway, etc. The
State shall be immediately notified when such actions
take place. The NTSB's release of the wreckage does
not constitute a release by the State.
As used throughout this contract, the following terms
shall have the meaning set forth below:
1.
Forms Submission
The NTSB or agency will determine their individual
agency investigation cost responsibility. The Contractor
will be fully responsible for any cost associated with the
reassembly, approval for return-to-service, and return
transportation of any items disassembled by the State.
Serious Injury. See 49 CFR Part 830.
10. Substantial Damage. See 49 CFR Part 830.
C.6.2.
Costs Related to Investigation
C.6.7.
Mishap Reporting
Rescue and Salvage Responsibilities
The cost of search, rescue and salvage operations made
necessary due to causes other than negligent acts of a
24
SECTION C – CONTRACT TERMS AND CONDITIONS
State employee shall be the responsibility of the
Contractor.
C.7.
The base price of fuel will be the average of the
commercial price obtained by the State for jet fuel or
aviation gasoline (whichever is appropriate) at the
following locations:
Billing Office and Invoice Submission
Twin Ports Flying Service, Superior, WI
Rice Lake Air Center, Rice Lake, WI
Heartland Aviation, Eau Claire, WI
Wings Air Charter LLC, Wisc. Rapids, WI
Executive Air, Green Bay, WI
Wisconsin Aviation, Madison, WI
The CA for this contract, is the designated billing officer
for submission of invoices.
C.8.
Federal Airport and Airway Excise Taxes
(Chapters 31 and 33 of the Internal Revenue Code, 26
U.S.C. 4041, 4261 et seq.) (Contractor Furnished Pilot)
Chapters 31 and 33 of the Internal Revenue Code
impose an excise tax on aviation in one of two ways (1)
as a fuel tax or (2) as a transportation tax on
transportation of passengers and cargo for aircraft
having maximum certificated weights in excess of 6,000
pounds.
C.8.1.
The base price for fuel is identified in Section A,
Requirements and Prices.
C.9.2.
Fuel Tax
C.9.3.
Transportation Tax
Single Engine Air Tanker fuel consumption rate table:
AT-802
C.10. Contract Period
C.10.1. The contract period will be from date of award
and extend for the period set forth in the schedule of
items, unless otherwise extended as allowed herein.
C.10.2. During the contract period, aircraft furnished for
accepted orders will be subject to the exclusive use and
control of the State 24 hours per day, seven days per
week until released.
Rev. Rule. 72-156 - Exempts aircraft from passenger
and cargo tax under Section 4261 and 4271 of the code
when hauling and dropping fire retardant.
Rev. Rule. 76-477 - Exempts aircraft from passenger
and cargo taxes under Sections 4261 and 4271 of the
code when; Contractor's employees are spotting fires, or
hauling and dropping retardant chemicals.
C.10.3. The State will not consider any contract aircraft
to be under its operational control unless an order for
service has been placed by those designated to place
orders and the order for service has been accepted by the
Contractor. State operational control begins upon arrival
at the work site for services, continues as long as the
aircraft and pilot are available and capable of providing
service, and ends upon the release from the work site.
Economic Price Adjustment – Fuel
The hourly flight rate may be adjusted as set forth herein
to reflect increases and decreases in the cost of aviation
fuel. At each contract renewal a one time adjustment to
the hourly flight rate will be made. Fuel prices will be
checked at the commencement of each yearly ordered
Use time period.
C.9.1.
60 GPH
Exemptions
The Internal Revenue Service and the U.S. Treasury
Department have issued several rulings regarding
imposition of transportation taxes. These rulings do not
exempt imposition of fuel taxes for which the Contractor
is responsible under the above paragraphs.
C.9.
Flight Rate Adjustment
Adjustment to the hourly flight rate is the difference
between the reference price and the base price multiplied
by the hourly fuel consumption rate for the type aircraft as
shown below.
If the transportation tax on passengers and cargo is
applicable and the Contractor is required to pay the
transportation tax for those services, the tax shall be
added to the Contractor's invoice for payment as a
separate item, and the State shall reimburse the
Contractor for the amount of such taxes.
C.8.3.
Reference Price
The reference price is the commercial fuel price in effect
at the time of adjustment. The reference price will be
obtained from the same sources as the base price. The
reference price will become the base price for the
subsequent adjustment.
The Contractor shall be responsible for payment of the
fuel tax and shall include such taxes in his bid Price
C.8.2.
715-394-6444
715-458-4400
715-835-3181
715-424-3737
920-498-4880
608-268-5005
C.11. Option to Extend
(a) The State may extend the term of this contract by
written notice to the Contractor.
Base Price
C.12. Orders For Services
25
SECTION C – CONTRACT TERMS AND CONDITIONS
C.12.1. Orders for service under this contract will be
placed with the contractor who is determined to be the
best value to the State. Factors that will be considered
are aircraft capability, aircraft location, availability and
cost.
C.16. Maintenance During Availability Period
The CA may approve removal of the aircraft from service
to permit the contractor to perform scheduled or
unscheduled maintenance. Approval to remove the
aircraft from service shall be wholly discretionary by the
State. Availability of service shall continue to be
measured and paid throughout periods approved for
maintenance, PROVIDED:
C.12.2. The State does not guarantee the placement of
orders for service under this contract, and the contractor
is not obligated to accept an order. However, once the
contractor accepts an order, the contractor is obligated
to perform in accordance with the terms and conditions
stated herein.
C.16.1. The Contractor requests permission to remove
the aircraft from service in advance of the maintenance.
C.13. Additional Aircraft
C.16.2. The State, at it’s discretion shall have the right to
require the Contractor to resume service within 60
minutes of an order.
If the State identifies a need and the contractor obtains
additional aircraft of the same make and model on
contract, those aircraft may be added to this contract at
the State’s option. Additional aircraft will be paid at the
same price as aircraft originally offered.
C.17. Unavailability and Damages
C.17.1. The Contractor will be considered to be
unavailable when they are not in compliance with all
contract requirements or are not capable of providing
service as scheduled by the State. Unavailability status
will continue until the Contractor has notified the CA that
they are available.
C.14. Availability Requirements
During the ordered period of use, the Contractor must be
in compliance with all contract requirements, available
and capable of providing service up to 14 hours each
day, as scheduled by the State. Personnel must be
available a minimum of nine hours each day, or as
scheduled by the State. Pre- and post-flight activities
must be accomplished within the 14 hour duty day.
Routine maintenance must be performed before or after
the scheduled 14-hour period, or as permitted elsewhere
in the contract.
C.17.2. During periods of Contractor unavailability, the
State may obtain replacement services elsewhere and
charge the Contractor for any resulting excess costs. The
Contractor may be liable for any additional actual
damages to the State resulting from such failure to
perform.
C.14.1. Extended standby is intended to provide the
Contractor compensation for employee time when
ordered services are provided in excess of the first 9
hours of service. Ordered standby must not exceed
individual crew members' daily duty limitations. Extended
standby is not intended to compensate the Contractor on
a one-to-one basis for all hours necessary to service and
maintain the aircraft.
C.17.3. The State reserves the right to release the
Contractor in the event of unavailability of services.
Payment will be made as provided herein and is limited to
actual services provided.
C.18. Daily Availability
C.18.1. During the ordered period, the Contractor is
obligated to perform in accordance with the contract. Daily
availability will be paid at the rates specified in Section A,
subject to reductions for unavailability.
C.15. Schedule of Operations and Reaction Time
The State will schedule daily operations with the Pilot.
The Contractor’s personnel shall provide service as
scheduled by the State, in one of the following
categories:
Payment for availability will be made as actual services
are provided and submitted on invoice forms. No advance
payment of availability will occur. Availability will be
reduced for each hour or portion thereof service is listed
as unavailable as shown below. The Conversion Chart for
Unavailability included as Exhibit 5 to this section will be
used to arrive at the deduction to be made.
C.15.1. Standby: Personnel will be on standby each
day as scheduled and shall be ready for immediate
dispatch
upon contact with
the
Contractor’s
representative.
SINGLE CREW: 1/14 per hour not to exceed 14/14 per
day
C.15.2. Release From Duty: The Contractor’s personnel
may be released and considered off duty prior to lapse of
their individual crew duty limitation period. Once
released, they cannot be required to return to duty status
that day. Service shall be recorded as fully available
provided the CO or designee has approved release of
the Contractors personnel in advance.
C.18.1.1. Once an order has been accepted by the
contractor and the SEAT starts the mobilization flight;
daily availability for the mobilization of the SEAT will be
paid as follows: One-half day availability will be paid for
days in which four (4) hours or less of flight occurs, no
26
SECTION C – CONTRACT TERMS AND CONDITIONS
C.20.
availability will be paid on days in which no flight occurs,
and flight hours in excess of four (4) hours in any day will
result in payment of the full daily availability until the
aircraft arrives at the ordered destination
Additional Pay Items
Claims for additional pay items addressed herein shall be
documented on the invoice for payment and supported by
invoice(s) and/or document(s) as required below.
Payment will not be made for additional pay items without
supporting invoice(s) and/or document(s) when required.
C.18.1.2. On the first day, services beginning after
1200 hours will be measured as one-half day availability.
On the last day, services terminating before 1200 hours
will be measured as one-half day availability
C.20.1. Subsistence Allowance
C.18.1.3. When an aircraft is released, availability and
demobilization costs will be paid back to the original
point of departure or Contractor’s home base (whichever
is closer).
A subsistence allowance (lodging and meals) may be
claimed for each authorized crewmember, for each
overnight, including mandatory days off, when assigned to
an alternate base away from the Designated Base of
Operations.
C.18.1.4. After the airplane has been released, onehalf day availability will be paid for days in which four (4)
hours or less of flight occurs. No Availability will be paid
on days in which no flight occurs. Flight hours in excess
of four (4) hours in any day will result in payment of the
full daily availability.
The Contractor will be paid an overnight allowance of
$104 per day for each authorized crewmember.
C.20.2. Support/Service Vehicle Mileage
The Contractor will be paid the per mile rate stipulated in
section A for a support/service vehicle meeting the
requirements of this contract when it is dispatched to
provide support to the aircraft away from the Designated
base of operations.
C.18.1.5. The State will measure extended standby in
full hours and will round up to the next whole hour, not to
exceed each crew member’s duty limitations specified in
Section B. Payment for extended standby will be made
at the prices set forth in Section A, and as measured
above. If unavailability occurs, extended standby will be
measured and paid only for full hours of service
provided.
C.20.2.1. The State will pay Support/Service vehicle
mileage to and from the nearest commercial source of
fuel at the rate stipulated in Section A in support of
ordered SEAT services. Mileage accrued in support of
non-ordered flights or flights for the contractor’s benefit
will not be paid by the State.
C.19. Flight Time
C.19.1. Measurement of Flight Time: Flight shall be
measured from the time the aircraft commences its takeoff roll until it returns to the blocks. Elapsed time will be
measured in hours and tenths/hundredths of hours.
C.20.2.2. Local use service truck mileage will not be
paid; i.e., trips to and from the motel or restaurants.
Mileage will be paid for State ordered dispatches using
the most direct route.
C.19.2. Payment for Flight Time: Payment will be made
at the rates bid for all flights ordered by the State and
flown by the Contractor. The State does not guarantee
any minimum or maximum number of flight hours during
this contract.
C.20.3. Fuel Supply Expense
The Contractor is responsible for the cost of all fuel
required for performance of this contract.
C.19.3. Flights Associated with Inspection: Flight time
associated with the inspection shall be at the expense of
the Contractor and will not be measured for payment.
C.20.4. A Relief Crew Is Not Required
C.20.4.1. If a relief crew is requested by the State and
provided by the Contractor, the Contractor will be paid the
reasonable cost of transportation to the work. Pilots
providing relief for not more than 3 days may be “Level II”
qualified.
C.19.4. Flights for Contractor’s Benefit: Payment will
not be made for flights for the benefit of the Contractor
such as maintenance test flights, adverse weather
avoidance, ferrying to and from maintenance facilities,
flights required following an engine change, commercial
charters, and flights solely for transportation of
Contractor’s personnel.
C.20.4.2. Costs are limited to the actual expense involved
in transporting crew members. i.e., such as airline tickets,
subsistence), car rentals, privately operated vehicles
(POV) at the current WI State rate for mileage; i.e. 48.5
cents per mile is the current rate. Salary will not be paid.
C.19.5. The CA may approve Contractor requests to
perform a proficiency flight(s). The State will continue to
measure and pay for availability throughout periods
approved for proficiency flights. All flight time incurred
during proficiency flight(s) will be at Contractor expense.
C.20.4.3. If transportation is provided by Contractor
resources, the Contractor shall use a company invoice for
the resource used, i.e., charter airplane, C172 at $105.00
per hour for 2 hours = $210.00 due. Unless authorized in
27
SECTION C – CONTRACT TERMS AND CONDITIONS
advance by the CO, the expense for Contractor
resources shall not exceed reasonable costs by common
carrier.
dropped to enhance aircraft performance in a bona fide
emergency or to meet landing requirements, which
endanger the safety of the aircraft.
C.20.4.4. Claims for relief crew and maintenance
personnel transportation expenses shall be supported by
itemized invoices.
C.20.8.3. The State will reimburse the Contractor on an
actual cost basis, when accompanied by a proper invoice,
for any Contractor furnished foam concentrates, gels or
retardants.
C.20.5. Landing Fees
C.20.9. Retardant Mixing and Loading
The State will pay the Contractor for all landing fees the
Contractor is required to pay at the designated and/or
alternate base(s). Such costs shall be supported by a
paid itemized invoice.
Contractors may be ordered by the State to mix, test and
load water, retardants or suppressants into other
contractor’s aircraft. When so ordered the contractor will
be paid a per gallon flowage fee at the rate specified in
Section A..
C.20.6. Miscellaneous Expenses
The State will pay the Contractor for miscellaneous
costs, such as licenses, airport use costs (tie-downs),
hazmat permits or similar type charges when ordered to
operate from an airport other than the Contractor’s Base
of Operations. Such costs shall be supported by paid
itemized invoice(s).
C.21. State Miscellaneous Charges
C.20.7. Fire Suppressant Materials
The Contractor may submit invoices every two weeks
starting the first day services begin. Services provided
must be shown on a daily basis.
C.20.7.1. The State will furnish
concentrates, gels and retardants.
water,
The State will deduct payment for miscellaneous charges
for goods or services furnished to the Contractor.
C.22. Invoice Submissions
foam
C.23. Aircraft Use Report
C.20.7.2. SEATS shall be loaded to their contracted
capacity consistent with safety requirements, types of
fire suppressant materials, density altitude, and flying
conditions. When additional gallonage is ordered, those
SEATs capable and approved to do so will carry the
additional gallonage at no increase in cost to the state.
The Contractor, or Contractor's representative, and the
State must complete and sign an Aircraft Use Report, WI23 form. Instructions for proper completion of the Aircraft
Use Report are contained in the WI-23 booklet. The
Contractor may use the completed and signed Aircraft
Use Reports as their invoice.
C.20.8. Aborted flights
C.24. Contract Pricing
C.20.8.1. No payment will be made for flights when a
load of water or retardant mixture is accidentally or
carelessly dropped on non-target areas. Additionally, the
cost to the State of the lost load of retardant may be
charged to the Contractor and deducted from payments
due.
Unit prices for daily availability and flight hours must be in
whole dollars. If these unit prices are adjusted during the
life of the contract, they will be adjusted to a whole dollar
as follows: amounts of 50 cents or less will be rounded
down and amounts of 51 cents or more will be rounded
up.
C.20.8.2. Flight time will be paid for by the State and
retardant will not be charged to the Contractor if a load is
28
SECTION C – CONTRACT TERMS AND CONDITIONS
Exhibit 1
Unacceptable Aircraft Lap Belt And Shoulder Harness Conditions
Item
Unacceptable Conditions
Webbing
1. Frayed: 5 percent or more
2. Torn
3. Crushed
4. Swelling: twice the thickness of original web or if difficult to
operate through hardware
5. Creased: no structural damage allowed
6. Sun deterioration: severe fading, brittleness, discoloration,
and stiffness
Hardware
1. Inoperable buckle or other hardware
2. Nylon bushing at shoulder-harness-to-lap-belt connection
missing or damaged
3. Fabricated bushings or tie wraps used as bushings
4. Rust/corrosion: only minor surface rust/corrosion allowed
5. Wear: wear beyond normal use
Stitches
TSO Tags (see 14 CFR
21.607)
Age
1. Broken or missing
2. Severe fading or discoloring
3. Inconsistent pattern
1. Missing
2. Illegible
Belts/fabric over 10 years from date of manufacture will be
closely inspected for possible damage from exposure to
the elements, but do not have to be replaced if they can be
determined to be in serviceable condition.
29
SECTION C – CONTRACT TERMS AND CONDITIONS
Exhibit 2
High Visibility Paint Schemes for SEAT Aircraft
White: True White or Matterhorn White
PPG CA 8000 B07589 CAGBCX (Aerospace Div.)
Sherwin Williams SW-U00150
Omega “Mega Max” 9036 Gloss White
Rust-oleum 7792 – Gloss White
Air Tractor “Snow White” G8044 US Paint
Red: Orange/Red
PPG “Aero Union Red” CA 8000 I04121 CAGBCX (Aero Space Div)
Sherwin Williams U00304 (Bright Poppy) (Jet Glo)
Omega “Mega Max” 2030 (Bright Poppy)
NAPA (Martin Senour Prism Paint) RED #65-51026
Black: Gloss Black
PPG CA 8000 B00701 CAGBCX
Sherwin Williams Gloss Black
White and Red Paint Scheme
OVERALL: The fuselage, wings, and tail surfaces must be painted white.
Identification panels: Wings
The wing surface, starting from the tip, inward a minimum of 4 ft to a maximum of 8 ft is to be orange/red, both wings, upper and lower
surfaces, including leading and trailing edges. The remainder of the wing surface is to be white. **
Tanker numbers: Wings
Minimum of 24” black, block “Tanker Number” on the upper surface of the left wing and lower surface of the right wing, inboard of the
red panels on the wing tips. These numbers should be as large as practicable to provide better readability.
Identification panels: Tail surfaces:
The horizontal stabilizer and elevator surfaces starting from the tip inward a minimum of 2 ft to a maximum of 4 ft is to be orange/red,
both sides, upper and lower surfaces, including leading and trailing edges. The remainder of the horizontal stabilizer and elevator
surfaces is to be white. The vertical stabilizer and rudder surfaces starting from the top downward a minimum of 2 ft to a maximum of 4
ft are to be orange/red, both sides, including leading and trailing edges. The remainder of the vertical stabilizer and rudder is to be
painted white, with the exception of the tanker number.
Tanker Number:
The assigned tanker number must be painted on both sides of the vertical stabilizer/rudder in gloss black. The numbers must be as
large as possible, but a minimum of 12 inches high with the format and spacing the same as aircraft “N” numbers. (Ref: 14 CFR Part
45.29.)
**Any additional trim stripes on the wings or tail surfaces must not exceed 6 inches in width. Any fuselage trim is to be the same colors
as the trim on the wings. Any design of stripes on the fuselage may be applied to provide individuality; this will be at the owner’s
option.
Note: Since these aircraft are not owned by the Federal firefighting agencies, the use of any agency logo is not approved. The use of
the words “fire” or “fire suppression” may be approved. The National Single Engine Air Tanker Program Manager must give approval
of these types of references, prior to being placed on the aircraft. Identification of the aircraft owner by either name or logo is approved
but must be only on the fuselage or tail, not on the wing surface.
30
SECTION C – CONTRACT TERMS AND CONDITIONS
Exhibit 2 cont.
High Visibility Paint Schemes for SEAT Aircraft (cont.)
31
SECTION C – CONTRACT TERMS AND CONDITIONS
Exhibit 3
Airworthiness Directive Compliance Record
32
SECTION C – CONTRACT TERMS AND CONDITIONS
Exhibit 4
(SEAT - Loading Truck)
Minimum First Aid Kit Items
Each kit must be in a dust-proof and moisture-proof container.
The kit must be readily accessible.
Item
Quantity
Adhesive bandage strips, (3" long)
8
Antiseptic or alcohol wipes (pkts)
10
Bandage compresses, 4"
2
Triangular bandage, 40" (sling)
2
Roller bandage, 4"x 5 yd (gauze)
2
Adhesive tape, 1"x 5 yd (std roll)
1
Bandage scissors
1
Body Fluids Barrier kit:
1
pair latex gloves
2
face shield
1
mouth-to-mouth barrier
1
protective gown
1
antiseptic towelettes
2
biohazard disposable bag
1
33
SECTION C – CONTRACT TERMS AND CONDITIONS
Exhibit 5
Conversion Chart – Unavailability
Hours
Unavailable
0
Units of
Availability
1.00
Units of
Unavailability
0.00
1
.93
.07
2
.86
.14
3
.79
.21
4
.71
.29
5
.64
.36
6
.57
.43
7
.50
.50
8
.43
.57
9
.36
.64
10
.29
.71
11
.21
.79
12
.14
.86
13
.07
.93
14
0.00
1.00
34
SECTION C – CONTRACT TERMS AND CONDITIONS
**SAMPLE CONTRACT**
Call When Needed Single Engine Air Tanker Services
THIS CONTRACT is entered into by and between the State of Wisconsin, Department of Natural Resources (the
Department) and Vendor (the Contractor) for the purpose of obtaining aircraft flight services in support of water/retardant
application for fire suppression by airplanes approved for use as CWN single engine air tankers (SEAT)
FOR AND IN CONSIDERATION of the terms and conditions contained in this contract, the above-named parties
agree:
1.
PERIOD OF AGREEMENT: This contract shall commence upon its signing by both parties and continue until
December 31, 2017 during which period all performance as described in this contract shall be fully completed to
the satisfaction of the Department. There are two one year renewal options available with this contract.
2.
CANCELLATION. The Department reserves the right to cancel this contract in whole or in part, without penalty,
due to nonappropriation of funds or for failure of the Contractor to comply with terms, conditions, or specifications
of this contract.
3.
ENTIRE CONTRACT; AMENDMENTS. This contract, together with the specifications in the bid request (if any)
and referenced parts and attachments, shall constitute the entire agreement and previous communications or
agreements pertaining to the subject matter of this contract are hereby superseded. Any contractual revisions
including cost adjustments and time extensions may be made only by a written amendment to this contract,
signed by both parties prior to the ending date of this contract.
4.
ASSIGNMENT. Neither this contract nor any right or duty in whole or in part by the Contractor under this
contract may be assigned, delegated or subcontracted without the written consent of the Department. If upon
the written consent of the Department this contract or any right or duty in whole or in part is assigned, the
Assignee(s) shall expressly agree to assume and perform all relevant obligations expressed under the terms of
this contract and be bound by the terms and conditions of this contract. Assignment in whole or in part of this
contract does not absolve the Contractor of any liability or obligation expressed and agreed to hereunder.
5.
DESCRIPTION OF WORK OR PRODUCTS. The Contractor agrees to provide the following to the satisfaction
of the Department:
See request for bid for detailed specifications
The contracts resulting from this solicitation will be for call when needed single engine air tanker services in
support of water/retardant applications for fire suppression/forest management applications.
One single engine air tanker operated by a qualified pilot as per specifications. A FAA approved hopper and
gating system, service truck, and necessary communications equipment and other items are required as per
specifications.
The Contracting Officer or his representative as per specifications will schedule all days off. Relief pilots or
substitute crews are not required, but no daily availability will be paid if they are not available.
Call When Needed - On any dates within the calendar year, the State may have need for service on an
intermittent/occasional basis. Orders would be placed through the Contracting Officer and are subject to
acceptance by the Contractor.
The Contractor will be paid at the hourly rate bid price for the actual hours flown plus the daily availability. State
ordered ferry time is included in this.
Ferry Flights - All State ordered ferry time will be paid. Ferry time will be paid from the responder’s home base
or the current location of the aircraft, whichever is closer.
Service truck mileage under this contract will be paid for by the State at the rate of $2.40 per mile commencing
from the Contractor’s home base or current location of the service truck, whichever is less. Local use service
truck mileage will not be paid; i.e., trips to and from the motel or restaurants. Mileage will be paid for
government ordered dispatches using the most direct route.
35
SECTION C – CONTRACT TERMS AND CONDITIONS
Airport Use Fees -The State will pay airport use fees; as this cannot be pre-determined by the responder.
Meals and/or lodging may be furnished by the State at the State’s option. If not furnished, the State will pay the
Contractor an overnight allowance of $104.00 for meals and lodging for each authorized crew member. If
lodging only or meals only is furnished by the State, one half of the above rate above will be paid.
Transporting of Relief Crews - If the State deems that it is in their best interest, and if ordered by the State, the
reasonable cost of transporting a relief crew to the current base of operations of the aircraft will be paid by the
State. Claims for reimbursement will be supported by itemized paid invoices and other documents necessary to
verify incurred costs; i.e., itineraries supporting round trips, names of travelers, etc. This cost reimbursement is
not applicable to primary crews. Salary costs for Contractor employee(s) while in travel status are not a cost for
which the State will reimburse the Contractor.
If the State and the contractor do not mutually agree to extend this contract to the 2nd or 3rd calendar year, this
agreement will terminate.
The Contracting Officer for this contract shall be Konrad K. Plachetta, his supervisors or delegates.
The Team Leader, Aeronautics is responsible for most contract administration duties for this contract and shall
be John Jorgensen, his supervisors or delegates.
The State does not guarantee the placement of orders for services under this contract, and the Contractor is not
obligated to accept an order. Once the Contractor accepts an order, the Contractor is obligated to perform in
accordance with the terms and conditions of the contract.
To obtain additional information, contact:
John Jorgensen, Team Leader, Aeronautics
Wisconsin Department of Natural Resources
Division of Forestry, Forest Protection
101 Webster Street
P.O. Box 7921
Madison, WI 53707-7921
Telephone: 608-246-5377
Fax:
608-266-8576
Email:
johna.jorgensen@wisconsin.gov
6.
PAYMENT. The Contractor, for providing performance satisfactory to the Department, shall receive the following
consideration:
Description
Part A
2015
Availability
Ordered Flight hours
$XXX/Day
$XXX/Hour
2016 - Option
Availability
Ordered Flight hours
$XXX/Day
$XXX/Hour
2017 - Option
Availability
Ordered Flight hours
$XXX/Day
$XXX/Hour
Part B
36
SECTION C – CONTRACT TERMS AND CONDITIONS
2015
Availability
Ordered Flight hours
$XXX/Day
$XXX/Hour
2016 - Option
Availability
Ordered Flight hours
$XXX/Day
$XXX/Hour
2017 - Option
Availability
Ordered Flight hours
$XXX/Day
$XXX/Hour
Billings by the Contractor shall be reviewed:
John Jorgensen, Team Leader, Aeronautics
Wisconsin Department of Natural Resources
Division of Forestry, Forest Protection
101 Webster Street
P.O. Box 7921
Madison, WI 53707-7921
Telephone: 608-219-2841
Fax:
608-266-8576
Email:
johna.jorgensen@wisconsin.gov
7.
RECORDS, ACCESS. The Contractor shall, for a period of three (3) years after completion and acceptance by
the Department, maintain books, records, documents and other evidence directly pertinent to performance on
work under this contract in accordance with generally accepted accounting principles and practices. The
Contractor shall also maintain the financial information and data used in the preparation or support of the cost
submission in effect on the date of execution of this contract and a copy of the cost summary submitted to the
Department. The Department agents and duly-authorized representatives shall have access to such books,
records, documents, and other evidence for the purpose of inspection, audit and copying. The Contractor shall
provide proper facilities for such access and inspection. In addition, those records which relate to any dispute,
appeal or litigation, or the settlement of claims arising out of such dispute, performance, or costs or items to
which an audit exception has been taken, shall be maintained and made available until three years after the date
of resolution of such dispute, appeal, litigation, claim or exception.
8.
INDEPENDENT CONTRACTOR. The Contractor is an Independent Contractor for all purposes and is not an
employee or agent of the Department.
9.
INDEMNIFICATION. The Contractor agrees to save, keep harmless, defend and indemnify the State of
Wisconsin, Department of Natural Resources and all its officers, employees and agents, against any and all
liability, claims and costs of whatever kind and nature, for injury to or death of any person or persons, and for
loss or damage to any property (state or other) occurring in connection with or in any way incident to or arising
out of the occupancy, use, service, operation or performance of work in connection with this contract or
omissions of Contractor's employees, agents or representatives.
10.
INSURANCE RESPONSIBILITY: The contractor performing services for the State of Wisconsin shall:
a)
Maintain worker’s compensation insurance for all employees engaged in the work.
b)
Maintain commercial liability and property damage insurance against any claim(s) which might occur in
carrying out this agreement/contract. Minimum coverage shall be one million ($1,000,000) liability for
bodily injury and property damage including products liability and completed operations. Provide motor
vehicle insurance for all owned, non-owned, and hired vehicles that are used in carrying out the contract.
Minimum coverage shall be one million ($1,000,000) per occurrence combined single limit for automobile
liability and property damage.
37
c)
d)
SECTION C – CONTRACT TERMS AND CONDITIONS
Provide an insurance certificate indicating this coverage, counter-signed by an insurer licensed to do
business in Wisconsin, covering the period of the agreement/contract. The insurance certificate is
required to be presented prior to issuance of the purchase order or before commencement of the
contract.
The state reserves the right to require higher or lower limits where warranted.
II. High Risk Insurance Limits
Workers Compensation (WC):
Required for all Contracts
NO EXEMPTIONS
Commercial General Liability (CGL):
General Aggregate including
Products & Completed Operations
Each Occurrence
$ 1,000,000
$ 1,000,000
Aircraft Liability:
$1,000,000
11.
NONDISCRIMINATION. In connection with the performance of work under this contract, the Contractor agrees
not to discriminate against any employee or applicant for employment because of age, race, religion, color,
handicap, sex, physical condition, developmental disability as defined in section 51.01(5), Wis. Stats., sexual
orientation or national origin. This provision shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual
orientation, the Contractor further agrees to take affirmative action to ensure equal employment opportunities.
The Contractor agrees to post in conspicuous places, available for employees and applicants for employment,
notices to be provided by the Department setting forth the provisions of this nondiscrimination clause. Failure to
comply with the conditions of this clause may result in the Contractor being declared an "ineligible" contractor,
termination of the contract, or withholding of payment.
12.
AFFIRMATIVE ACTION. If this contract is for an amount of twenty-five thousand dollars ($25,000) or more the
Contractor agrees to submit a written affirmative action plan to the Department within 15 business days after the
contract commences if an acceptable plan is not already on file with the State of Wisconsin. (Contractors with an
annual work force of fewer than twenty-five employees are exempted from this requirement.) Failure to comply
with the conditions of this clause may result in the Contractor being declared an "ineligible" contractor,
termination of the contract, or withholding of payment.
13.
GUARANTEED DELIVERY. Failure of the Contractor to adhere to delivery schedules as specified or to promptly
replace rejected materials shall render the Contractor liable for all costs in excess of the contract price when
alternate procurement is necessary. Excess costs shall include the Department's administrative costs.
14.
APPLICABLE LAW. This contract shall be governed by the laws of the State of Wisconsin. The Contractor shall
at all times comply with all federal, state and local laws, ordinances and regulations in effect during the period of
this contract.
15.
ANTITRUST ASSIGNMENT. The Contractor and the Department recognize that in actual economic practice,
overcharges resulting from antitrust violations are in fact usually borne by the Department. Therefore, the
Contractor hereby assigns to the Department any and all claims for such overcharges as to goods, materials or
services purchased in connection with this contract.
16.
PAYMENT TERMS AND INVOICING. Payment shall be considered timely if the payment is mailed, delivered, or
transferred by the later of the following:
a)
The date specified on a properly completed invoice for the amount specified in the order or contract, or
b)
Within thirty (30) days after receipt of a properly completed invoice or receipt and acceptance of the
property or service under the order or contract or within thirty (30) days after receipt of an improperly
completed invoice or receipt and acceptance of the property or service under the order or contract,
whichever is later if the Department does not notify the sender of receipt of an improperly completed
38
SECTION C – CONTRACT TERMS AND CONDITIONS
invoice within ten (10) working days after it receives the invoice of the reason it is improperly completed.
17.
TAXES. The Department is required to pay the Wisconsin excise or occupation tax on its purchase of beer,
liquor, wine, cigarettes, tobacco products, motor vehicle fuel and general aviation fuel. However, it is exempt
from payment of all federal tax and Wisconsin sales or use tax on its purchases. The State of Wisconsin does
not issue a tax exempt number for state agencies. The Department may be subject to other states' taxes on its
purchases in that state depending on the laws and of that state. Contractors performing construction activities
are required to pay state use tax on the cost of materials.
18.
TAX DELINQUENCY. Contractors who have a delinquent Wisconsin tax liability may have their payments offset
by the State of Wisconsin.
19.
LIABILITY. The work to be performed under this contract is to be performed entirely at Contractor’s risk.
Contractor hereby assumes all liability with all work and all services to be provided by the Contractor under this
contract.
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
Date ______________
By:
_____________________________________
Title:
Cathy Stepp, Secretary
CONTRACTOR
Date ______________
By:
Draft Contract do not sign________________
Title:
_____________________________________
39