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Dfpc-Coulson Aviation (Usa) Ltd. Fully Executed 2023 03 16
Dfpc-Coulson Aviation (Usa) Ltd. Fully Executed 2023 03 16
In the event of a conflict or inconsistency between this Contract and any Exhibit or attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority:
1. Colorado Special Provisions in §18 of the main body of this Contract.
2. The provisions of the other sections of the main body of this Contract.
3. Exhibit A, Statement of Work.
4. Exhibit C, PII Certification
5. Exhibit B, Prices and Rates
6. Exhibit D, Sample Option Letter.
Principal Representatives
For the State: For Contractor:
Vince Welbaum Britton Coulson
Division of Fire Prevention and Control Coulson Aviation (USA) Ltd.
2850 Youngfield St. 1200 NW Naito Parkway, Suite 200
Lakewood, CO 80215 Portland, OR 97209
vince.welbaum@state.co.us britton.coulson@coulsongroup.com
SIGNATURE PAGE
______________________________________________ ______________________________________________
By: Britton Coulson, President & COO By: Mike Morgan, Division of Fire Prevention and
Control (DFPC) Director
_________________________
Date: 03/15/2023 | 7:52:21 PM MDT
Date: 03/15/2023
_________________________
| 7:53:39 PM MDT
OFFICE OF RISK MANAGEMENT LEGAL REVIEW
STATE OF COLORADO Philip J. Weiser, Attorney General
Jared S. Polis, Governor
DEPARTMENT OF PERSONNEL & ADMINISTRATION
For the Executive Director
______________________________________________ ______________________________________________
By: Julie Mileham, State Risk Manager By: Lori Ann Knutson, First Assistant Attorney General
In accordance with §24-30-202, C.R.S., this Contract is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ___________________________________________
Chelsea Gilbertson, Central Contracts Manager
TABLE OF CONTENTS
COVER PAGE .......................................................................................................................... 1
SIGNATURE PAGE ................................................................................................................. 2
1. PARTIES ................................................................................................................................... 3
2. TERM AND EFFECTIVE DATE ............................................................................................. 3
3. DEFINITIONS .......................................................................................................................... 5
4. STATEMENT OF WORK ........................................................................................................ 7
5. PAYMENTS TO CONTRACTOR ........................................................................................... 7
6. REPORTING - NOTIFICATION ............................................................................................. 8
7. CONTRACTOR RECORDS ..................................................................................................... 9
8. CONFIDENTIAL INFORMATION-STATE RECORDS ........................................................ 9
9. CONFLICTS OF INTEREST...............................ERROR! BOOKMARK NOT DEFINED.
10. INSURANCE .......................................................................................................................... 12
11. BREACH OF CONTRACT .................................................................................................... 15
12. REMEDIES ............................................................................................................................. 15
13. DISPUTE RESOLUTION ....................................................................................................... 17
14. NOTICES AND REPRESENTATIVES ................................................................................. 17
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION ........................................ 17
16. STATEWIDE CONTRACT MANAGEMENT SYSTEM ..................................................... 18
17. GENERAL PROVISIONS ...................................................................................................... 19
18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) ....................... 22
EXHIBIT A – STATEMENT OF WORK
EXHIBIT B – PRICES AND RATES
EXHIBIT C – PII CERTIFICATION
EXHIBIT D – SAMPLE OPTION LETTER
1. PARTIES
This Contract is entered into by and between Contractor named on the Cover Page for this Contract
(the “Contractor”), and the STATE OF COLORADO acting by and through the State agency
named on the Cover Page for this Contract (the “State”). Contractor and the State agree to the terms
and conditions in this Contract.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Contract shall not be valid or enforceable until the Effective Date. The State shall not
be bound by any provision of this Contract before the Effective Date, and shall have no
obligation to pay Contractor for any Work performed or expense incurred before the Effective
Date or after the expiration or sooner termination of this Contract.
B. Initial Term
The Parties’ respective performances under this Contract shall commence on the Contract
Performance Beginning Date shown on the Cover Page for this Contract and shall terminate
on the Initial Contract Expiration Date shown on the Cover Page for this Contract (the “Initial
Term”) unless sooner terminated or further extended in accordance with the terms of this
Contract.
C. Extension Terms - State’s Option
The State, at its discretion, shall have the option to extend the performance under this
Contract beyond the Initial Term for a period, or for successive periods, of one year or less
at the same rates and under the same terms specified in the Contract (each such period an
“Extension Term”). In order to exercise this option, the State shall provide written notice to
Contractor in a form substantially equivalent to the Sample Option Letter attached to this
Contract. Except as stated in §2.D, the total duration of this Contract, including the exercise
of any options to extend, shall not exceed five years from its Effective Date absent prior
approval from the Chief Procurement Officer in accordance with the Colorado Procurement
Code.
D. End of Term Extension
If this Contract approaches the end of its Initial Term, or any Extension Term then in place,
the State, at its discretion, upon written notice to Contractor as provided in §14, may
unilaterally extend such Initial Term or Extension Term for a period not to exceed two months
(an “End of Term Extension”), regardless of whether additional Extension Terms are
available or not. The provisions of this Contract in effect when such notice is given shall
remain in effect during the End of Term Extension. The End of Term Extension shall
automatically terminate upon execution of a replacement contract or modification extending
the total term of this Contract.
E. Early Termination in the Public Interest
The State is entering into this Contract to serve the public interest of the State of Colorado as
determined by its Governor, General Assembly, or Courts. If this Contract ceases to further
the public interest of the State, the State, in its discretion, may terminate this Contract in
whole or in part. A determination that this Contract shall be terminated in the public interest
shall not be equivalent to a State right to terminate for convenience. This subsection shall not
apply to a termination of this Contract by the State for Breach of Contract by Contractor,
which shall be governed by §12.A.i.
i. Method and Content
The State shall notify Contractor of such termination in accordance with §14. The
notice shall specify the effective date of the termination and whether it affects all or a
portion of this Contract, and shall include, to the extent practicable, the public interest
justification for the termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Contractor
shall be subject to the rights and obligations set forth in §12.A.i.a.
iii. Payments
If the State terminates this Contract in the public interest, the State shall pay Contractor
an amount equal to the percentage of the total reimbursement payable under this
Contract that corresponds to the percentage of Work satisfactorily completed and
accepted, as determined by the State, less payments previously made. Additionally, if
this Contract is less than 60% completed, as determined by the State, the State may
reimburse Contractor for a portion of actual out-of-pocket expenses, not otherwise
reimbursed under this Contract, incurred by Contractor which are directly attributable
to the uncompleted portion of Contractor’s obligations, provided that the sum of any
and all reimbursement shall not exceed the maximum amount payable to Contractor
hereunder.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. “Breach of Contract” means the failure of a Party to perform any of its obligations in
accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The
institution of proceedings under any bankruptcy, insolvency, reorganization or similar law,
by or against Contractor, or the appointment of a receiver or similar officer for Contractor or
any of its property, which is not vacated or fully stayed within 30 days after the institution of
such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under
§24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or
suspension shall constitute a breach.
B. “Chief Procurement Officer” means the individual to whom the Executive Director has
delegated his or her authority pursuant to §24-102-202, C.R.S. to procure or supervise the
procurement of all supplies and services needed by the State.
C. “Contract” means this agreement, including all attached Exhibits, all documents
incorporated by reference, all referenced statutes, rules and cited authorities, and any future
modifications thereto.
D. “Contract Funds” means the funds that have been appropriated, designated, encumbered, or
otherwise made available for payment by the State under this Contract.
E. “CORA” means the Colorado Open Records Act, §§24-72-200.1, et seq., C.R.S.
F. “Deliverable” means the outcome to be achieved or output to be provided, in the form of a
tangible object or software that is produced as a result of Contractor’s Work that is intended
to be delivered to the State by Contractor.
G. “Effective Date” means the date on which this Contract is approved and signed by the
Colorado State Controller or designee, as shown on the Signature Page for this Contract. If
this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(2.6),
C.R.S., then the Effective Date of this Contract shall be the later of the date on which this
Contract is approved and signed by the State’s Chief Information Officer or authorized
delegate or the date on which this Contract is approved and signed by the State Controller or
authorized delegate, as shown on the Signature Page for this Contract.
H. “End of Term Extension” means the time period defined in §2.D.
I. “Exhibits” means the exhibits and attachments included with this Contract as shown on the
Cover Page for this Contract.
J. “Extension Term” means the time period defined in §2.C.
K. “Goods” means any movable material acquired, produced, or delivered by Contractor as set
forth in this Contract and shall include any movable material acquired, produced, or delivered
by Contractor in connection with the Services.
L. “Incident” means any accidental or deliberate event that results in or constitutes an imminent
threat of the unauthorized access, loss, disclosure, modification, disruption, or destruction of
any communications or information resources of the State, which are included as part of the
Work, as described in §§24-37.5-401, et seq., C.R.S. Incidents include, without limitation,
(i) successful attempts to gain unauthorized access to a State system or State Records
regardless of where such information is located; (ii) unwanted disruption or denial of service;
(iii) the unauthorized use of a State system for the processing or storage of data; or (iv)
changes to State system hardware, firmware, or software characteristics without the State’s
knowledge, instruction, or consent.
M. “Initial Term” means the time period defined in §2.B.
N. “Operating Day” means every day of the year.
O. “Party” means the State or Contractor, and “Parties” means both the State and Contractor.
P. “PII” means personally identifiable information including, without limitation, any
information maintained by the State about an individual that can be used to distinguish or
trace an individual’s identity, such as name, social security number, date and place of birth,
mother’s maiden name, or biometric records; and any other information that is linked or
linkable to an individual, such as medical, educational, financial, and employment
information. PII includes, but is not limited to, all information defined as personally
identifiable information in §§24-72-501 and 24-73-101, C.R.S. “PII” shall also mean
“personal identifying information” as set forth at § 24-74-102, et. seq., C.R.S.
Q. “Services” means the services to be performed by Contractor as set forth in this Contract,
and shall include any services to be rendered by Contractor in connection with the Goods.
R. “State Confidential Information” means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to, PII and State
personnel records not subject to disclosure under CORA. State Confidential Information shall
not include information or data concerning individuals that is not deemed confidential but
nevertheless belongs to the State, which has been communicated, furnished, or disclosed by
the State to Contractor which (i) is subject to disclosure pursuant to CORA; (ii) is already
known to Contractor without restrictions at the time of its disclosure to Contractor; (iii) is or
subsequently becomes publicly available without breach of any obligation owed by
Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations, by
a third party who has the right to disclose such information; or (v) was independently
developed without reliance on any State Confidential Information.
S. “State Fiscal Rules” means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a), C.R.S.
T. “State Fiscal Year” means a 12-month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
U. “State Records” means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
V. “Subcontractor” means any third party engaged by Contractor to aid in performance of the
Work.
W. “Work” means the Goods delivered and Services performed pursuant to this Contract.
X. “Work Product” means the tangible and intangible results of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work. “Work
Product” does not include any material that was developed prior to the Effective Date that is
used, without modification, in the performance of the Work.
Any other term used in this Contract that is defined in an Exhibit shall be construed and interpreted
as defined in that Exhibit.
4. STATEMENT OF WORK
Contractor shall complete the Work as described in this Contract and in accordance with the
provisions of Exhibit A. The State shall have no liability to compensate Contractor for the delivery
of any goods or the performance of any services that are not specifically set forth in this Contract.
5. PAYMENTS TO CONTRACTOR
A. Maximum Amount
Payments to Contractor are limited to the unpaid, obligated balance of the Contract Funds.
The State shall not pay Contractor any amount under this Contract that exceeds the Contract
Maximum for that State Fiscal Year shown on the Cover Page for this Contract.
B. Payment Procedures
i. Invoices and Payment
a. The State shall pay Contractor in the amounts and in accordance with the schedule
and other conditions set forth in Exhibit A.
b. Contractor shall initiate payment requests by invoice to the State, in a form and
manner approved by the State.
c. The State shall pay each invoice within 45 days following the State’s receipt of
that invoice, via wire transfer or electronic funds transfer (EFT) so long as the
amount invoiced correctly represents Work completed by Contractor and
previously accepted by the State during the term that the invoice covers. If the
State determines that the amount of any invoice is not correct, then Contractor
shall make all changes necessary to correct that invoice.
d. The acceptance of an invoice shall not constitute acceptance of any Work
performed or Deliverables provided under this Contract.
ii. Interest
Amounts not paid by the State within 45 days of the State’s acceptance of the invoice
shall bear interest on the unpaid balance beginning on the 45th day at the rate of 1% per
month, as required by §24-30-202(24)(a), C.R.S., until paid in full; provided, however,
that interest shall not accrue on unpaid amounts that the State disputes in writing.
Contractor shall invoice the State separately for accrued interest on delinquent amounts,
and the invoice shall reference the delinquent payment, the number of day’s interest to
be paid and the interest rate.
iii. Payment Disputes
If Contractor disputes any calculation, determination or amount of any payment,
Contractor shall notify the State in writing of its dispute within 30 days following the
earlier to occur of Contractor’s receipt of the payment or notification of the
determination or calculation of the payment by the State. The State shall review the
information presented by Contractor and may make changes to its determination based
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on this review. The calculation, determination or payment amount that results from the
State’s review shall not be subject to additional dispute under this subsection. No
payment subject to a dispute under this subsection shall be due until after the State has
concluded its review, and the State shall not pay any interest on any amount during the
period it is subject to dispute under this subsection.
iv. Available Funds-Contingency-Termination
The State is prohibited by law from making commitments beyond the term of the
current State Fiscal Year. Payment to Contractor beyond the current State Fiscal Year
is contingent on the appropriation and continuing availability of Contract Funds in any
subsequent year (as provided in the Colorado Special Provisions). If federal funds or
funds from any other non-State funds constitute all or some of the Contract Funds the
State’s obligation to pay Contractor shall be contingent upon such non-State funding
continuing to be made available for payment. Payments to be made pursuant to this
Contract shall be made only from Contract Funds, and the State’s liability for such
payments shall be limited to the amount remaining of such Contract Funds. If State,
federal or other funds are not appropriated, or otherwise become unavailable to fund
this Contract, the State may, upon written notice, terminate this Contract, in whole or
in part, without incurring further liability. The State shall, however, remain obligated
to pay for Services and Goods that are delivered and accepted prior to the effective date
of notice of termination, and this termination shall otherwise be treated as if this
Contract were terminated in the public interest as described in §2.E.
6. REPORTING - NOTIFICATION
A. Quarterly Reports.
In addition to any reports required pursuant to §16 or pursuant to any other Exhibit, for any
contract having a term longer than three months, Contractor shall submit, upon request of the
State, a written report specifying progress made for each specified performance measure and
standard in this Contract. Such progress report shall be in accordance with the procedures
developed and prescribed by the State. Progress reports shall be submitted to the State not
later than five Business Days following the end of each calendar quarter or at such time as
otherwise specified by the State.
B. Litigation Reporting
If Contractor is served with a pleading or other document in connection with an action before
a court or other administrative decision making body, and such pleading or document relates
to this Contract or may affect Contractor’s ability to perform its obligations under this
Contract, Contractor shall, within 10 days after being served, notify the State of such action
and deliver copies of such pleading or document to the State’s Principal Representative
identified on the Cover Page for this Contract.
C. Performance Outside the State of Colorado or the United States, §24-102-206, C.R.S.
To the extent not previously disclosed in accordance with §24-102-206, C.R.S., Contractor
shall provide written notice to the State, in accordance with §14 and in a form designated by
the State, within 20 days following the earlier to occur of Contractor’s decision to perform
Services outside of the State of Colorado or the United States, or its execution of an
agreement with a Subcontractor to perform, Services outside the State of Colorado or the
United States. Such notice shall specify the type of Services to be performed outside the State
of Colorado or the United States and the reason why it is necessary or advantageous to
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perform such Services at such location or locations, and such notice shall be a public record.
Knowing failure by Contractor to provide notice to the State under this section shall constitute
a Breach of Contract. This section shall not apply if the Contract Funds include any federal
funds.
7. CONTRACTOR RECORDS
A. Maintenance
Contractor shall maintain a file of all documents, records, communications, notes and other
materials relating to the Work (the “Contractor Records”). Contractor Records shall include
all documents, records, communications, notes and other materials maintained by Contractor
that relate to any Work performed by Subcontractors, and Contractor shall maintain all
records related to the Work performed by Subcontractors required to ensure proper
performance of that Work. Contractor shall maintain Contractor Records until the last to
occur of: (i) the date three years after the date this Contract expires or is terminated, (ii) final
payment under this Contract is made, (iii) the resolution of any pending Contract matters, or
(iv) if an audit is occurring, or Contractor has received notice that an audit is pending, the
date such audit is completed and its findings have been resolved (the “Record Retention
Period”).
B. Inspection
Contractor shall permit the State, the federal government, and any other duly authorized agent
of a governmental agency to audit, inspect, examine, excerpt, copy and transcribe Contractor
Records during the Record Retention Period. Contractor shall make Contractor Records
available during normal business hours at Contractor’s office or place of business, or at other
mutually agreed upon times or locations, upon no fewer than two Business Days’ notice from
the State, unless the State determines that a shorter period of notice, or no notice, is necessary
to protect the interests of the State.
C. Monitoring
The State, the federal government, and any other duly authorized agent of a governmental
agency, in its discretion, may monitor Contractor’s performance of its obligations under this
Contract using procedures as determined by the State. The State shall monitor Contractor’s
performance in a manner that does not unduly interfere with Contractor’s performance of the
Work.
D. Final Audit Report
Contractor shall promptly submit to the State a copy of any final audit report of an audit
performed on Contractor’s records that relates to or affects this Contract or the Work, whether
the audit is conducted by Contractor or a third party.
8. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Contractor shall keep confidential, and cause all Subcontractors to keep confidential, all State
Records, unless those State Records are publicly available. Contractor shall not, without prior
written approval of the State, use, publish, copy, disclose to any third party, or permit the use
by any third party of any State Records, except as otherwise stated in this Contract, permitted
by law or approved in writing by the State. Contractor shall provide for the security of all
State Confidential Information in accordance with all policies promulgated by the Colorado
Office of Information Security and all applicable laws, rules, policies, publications, and
guidelines. If Contractor or any of its Subcontractors shall or may receive the following types
of data, Contractor or its Subcontractors shall immediately forward any request or demand
for State Records to the State’s Principal Representative.
B. Other Entity Access and Nondisclosure Agreements
Contractor may provide State Records to its agents, employees, assigns and Subcontractors
as necessary to perform the Work, but shall restrict access to State Confidential Information
to those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Contract. Contractor shall ensure all such agents, employees, assigns,
and Subcontractors sign agreements containing nondisclosure provisions at least as protective
as those in this Contract, and that the nondisclosure provisions are in force at all times the
agent, employee, assign or Subcontractor has access to any State Confidential Information.
Contractor shall provide copies of those signed nondisclosure provisions to the State upon
execution of the nondisclosure provisions if requested by the State.
C. Use, Security, and Retention
Contractor shall use, hold, and maintain State Confidential Information in compliance with
any and all applicable laws and regulations only in facilities located within the United States,
and shall maintain a secure environment that ensures confidentiality of all State Confidential
Information. Contractor shall provide the State with access, subject to Contractor’s
reasonable security requirements, for purposes of inspecting and monitoring access and use
of State Confidential Information and evaluating security control effectiveness. Upon the
expiration or termination of this Contract, Contractor shall return State Records provided to
Contractor or destroy such State Records and certify to the State that it has done so, as
directed by the State. If Contractor is prevented by law or regulation from returning or
destroying State Confidential Information, Contractor warrants it shall guarantee the
confidentiality of, and cease to use, such State Confidential Information.
D. Incident Notice and Remediation
If Contractor becomes aware of any Incident, Contractor shall notify the State immediately
and cooperate with the State regarding recovery, remediation, and the necessity to involve
law enforcement, as determined by the State. Unless Contractor can establish that Contractor
and its Subcontractors are not the cause or source of the Incident, Contractor shall be
responsible for the cost of notifying each person who may have been impacted by the
Incident. After an Incident, Contractor shall take steps to reduce the risk of incurring a similar
type of Incident in the future as directed by the State, which may include, but is not limited
to, developing and implementing a remediation plan that is approved by the State at no
additional cost to the State. The State may adjust or direct modifications to this plan in its
sole discretion, and Contractor shall make all modifications as directed by the State. If
Contractor cannot produce its analysis and plan within the allotted time, the State, in its
discretion, may perform such analysis and produce a remediation plan, and Contractor shall
reimburse the State for the actual costs thereof. The State may, in its sole discretion and at
Contractor’s sole expense, require Contractor to engage the services of an independent,
qualified, State-approved third party to conduct a security audit. Contractor shall provide the
State with the results of such audit and evidence of Contractor’s planned remediation in
response to any negative findings.
E. Data Protection and Handling
Contractor shall ensure that all State Records and Work Product in the possession of
Contractor or any Subcontractors are protected and handled in accordance with the
requirements of this Contract, including the requirements of any Exhibits hereto, at all times.
F. Safeguarding PII
If Contractor or any of its Subcontractors shall or may receive PII under this Contract,
Contractor shall provide for the security of such PII, in a manner and form acceptable to the
State, including, without limitation, State non-disclosure requirements, use of appropriate
technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections, and audits. Contractor shall
be a “Third-Party Service Provider” as defined in § 24-73-103(1)(i), C.R.S. and shall
maintain security procedures and practices consistent with § 24-73-101, et seq., C.R.S. In
addition, as set forth in § 24-74-102, et. seq., C.R.S., Contractor, including, but not limited
to, Contractor’s employees, agents and Subcontractors, agrees not to share any PII with any
third parties for the purpose of investigating for, participating in, cooperating with, or
assisting with Federal immigration enforcement. If Contractor is given direct access to any
State databases containing PII, Contractor shall execute, on behalf of itself and its employees,
the certification attached hereto as Exhibit C on an annual basis Contractor’s duty and
obligation to certify as set forth in Exhibit C shall continue as long as Contractor has direct
access to any State databases containing PII. If Contractor uses any Subcontractors to perform
services requiring direct access to State databases containing PII, the Contractor shall require
such Subcontractors to execute and deliver the certification to the State on an annual basis,
so long as the Subcontractor has access to State databases containing PII.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Contractor shall not engage in any business or activities, or maintain any relationships that
conflict in any way with the full performance of the obligations of Contractor under this
Contract. Such a conflict of interest would arise when a Contractor or Subcontractor’s
employee, officer or agent were to offer or provide any tangible personal benefit to an
employee of the State, or any member of his or her immediate family or his or her partner,
related to the award of, entry into or management or oversight of this Contract.
B. Apparent Conflicts of Interest
Contractor acknowledges that, with respect to this Contract, even the appearance of a conflict
of interest shall be harmful to the State’s interests. Absent the State’s prior written approval,
Contractor shall refrain from any practices, activities or relationships that reasonably appear
to be in conflict with the full performance of Contractor’s obligations under this Contract.
C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Contractor is uncertain whether a
conflict or the appearance of a conflict has arisen, Contractor shall submit to the State a
disclosure statement setting forth the relevant details for the State’s consideration. Failure to
promptly submit a disclosure statement or to follow the State’s direction in regard to the
actual or apparent conflict constitutes a Breach of Contract.
D. Contractor acknowledges that all State employees are subject to the ethical principles
described in §24-18-105, C.R.S. Contractor further acknowledges that State employees may
be subject to the requirements of §24-18-105, C.R.S. with regard to this Contract.
10. INSURANCE
State shall obtain and maintain, at all times during the term of this Contract, insurance policies or
self-insurance as specified in this section;
A. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability insurance
covering all employees acting within the course and scope of their employment with Employer
Liability Limits of $1,000,000 any one claim.
B. Aviation
Upon acceptance and delivery of the aircraft and at all times when applicable, the State shall
place or self-insure Aircraft Hull insurance, issued on an all risks basis, with an Agreed Value
as determined adequate by the State, and comprehensive Aircraft Liability with minimum
limits of liability not less than $25,000,000 Combined Single Limit, each Occurrence,
inclusive of Passenger liability where applicable.
Aviation General Liability Insurance covering premises and operations, fire damage,
products and completed operations, blanket contractual liability, personal injury, and with
minimum limits as follows: (a) $10,000,000 each occurrence and products and completed
operations aggregate.
The State’s Aircraft Hull, Aircraft Liability and Aviation General Liability shall remain
primary and non-contributory. The Contractor, their directors, officers and employees shall
be named as additional Insureds under the liability coverages, with cross liability and
severability of interests’ provisions included, and a waiver of subrogation shall be included
under the Aircraft Hull, with exception only in respect of loss, liability or claims arising from
the gross negligence or willful misconduct of said party(ies).
Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain,
insurance as specified in this section at all times during the term of this Contract. All insurance
policies required by this Contract shall be issued by insurance companies as approved by the State.
C. Workers’ Compensation
Workers’ compensation insurance as required by state statute, and employers’ liability
insurance covering all Contractor or Subcontractor employees acting within the course and
scope of their employment with Employer Liability Limits of 1,000,000 any one claim.
D. Commercial General Liability
Commercial general liability insurance covering premises operations, fire damage,
independent contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
i. $1,000,000 each occurrence;
ii. $1,000,000 Personal and Advertising Injury
iii. $1,000,000 general aggregate;
iv. $1,000,000 products and completed operations aggregate; and
v. $100,000 Damage to Premises.
E. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non-owned
autos) with a minimum limit of $1,000,000 each accident combined single limit.
F. Aviation General Liability
i. Contractor and Subcontractors, if applicable, shall obtain and maintain Aviation
General Liability Insurance covering premises operations, fire damage, products and
completed operations, blanket contractual liability, personal injury, and with minimum
limits as follows: (a) $10,000,000 each occurrence; (b) $10,000,000 general aggregate
if not a per occurrence policy; (c) $25,000,000 products and completed operations
aggregate.
ii. Contractor and Subcontractors, if applicable, shall obtain and maintain
Hangarskeeper’s Liability Insurance with a minimum limit of (a) $25,000,000 each
occurrence; (b) $25,000,000 general aggregate; and
iii. Contractor and Subcontractors, if applicable, shall obtain and maintain Non-owned
Aircraft Liability Insurance with a minimum limit of (a) $25,000,000 each occurrence;
(b) $25,000,000 general aggregate; and.
iv. Contractor Aviation Liability policies shall remain primary for all actions related to the
Contractor’s review and approval of any log entries related to inspections, maintenance
and training of State employees. Division of Fire Prevention and Control (hereafter
“DFPC”) employees with appropriate and applicable qualifications for both PIC/SIC
and A & P credentials shall be responsible for their actions made independently or
without concurrence/approval of the Contractor.
G. Additional Insured
The State shall be named as Additional Insured on the Contractor’s Aviation General
Liability policy, General Liability and Automobile Liability policies.
H. The Contractor, their directors, officers and employees shall be named as additional Insureds
only on the Aviation insurance maintained by the State, and exclusively as related to their
work and services in regards to this Contract. The State agrees to hold harmless Coulson for
pilot services unless arising from gross negligence or willful misconduct. All Contractor
pilots must be approved by DFPC and the insurer before flying the aircraft. The State shall
not indemnify or defend the Contractor in relation to any other insurance required in this
Contract. Primacy of Coverage
Aircraft Hull and Liability insurance, or self-insurance, maintained by the State shall be noted
as primary and non-contributory in respect of any loss, liability or claim arising from the
ownership, use, operation, or maintenance of the State Aircraft as it relates to the property
damage and liability of State employees acting within their course of employment and as it
relates to Contractor pilots acting in the course of their employment under this contract.
Liability remains with the Contractor for any acts and omissions, negligence or willful
misconduct of Contractor employees while maintaining the aircraft. All other non-aviation
Coverage required of Contractor and each Subcontractor shall be primary and
noncontributory over any insurance or self-insurance program carried by Contractor or the
State.
I. Cancellation
The Contractor’s insurance policies shall include provisions preventing cancellation, except
for cancellation based on non-payment of premiums, without at least 30 days prior notice to
the State, 10 days in respect of non-payment.
The State’s Aviation insurance policy shall include provisions preventing cancellation,
except for cancellation based on non-payment of premiums, without at least 30 days prior
notice to Contractor, 10 days in respect of non-payment.
J. Subrogation Waiver
Aircraft Hull and Liability insurance maintained by the State in relation to this Contract shall
include clauses stating that each carrier shall waive all rights of recovery under subrogation
against the Contractor, its parent, subsidiary or affiliated companies, and their directors,
officers, employees and agents. However, the waiver shall not apply to Contractor’s
negligence related to their Products and Completed Operations.
All insurance policies secured or maintained by Contractor or its Subcontractors in relation
to this Contract shall include clauses stating that each carrier shall waive all rights of recovery
under subrogation or the State, its agencies, institutions, organizations, officers, agents,
employees, and volunteers. This subrogation waiver shall not apply to the Aviation General
Liability policy noted above in Paragraph F.
K. Public Entities
If Contractor is a “public entity” within the meaning of the Colorado Governmental Immunity
Act, §§24-10-101, et seq., C.R.S. (the “GIA”), Contractor shall maintain, in lieu of the
liability insurance requirements stated above, at all times during the term of this Contract
such liability insurance, by commercial policy or self-insurance, as is necessary to meet its
liabilities under the GIA. If a Subcontractor is a public entity within the meaning of the GIA,
Contractor shall ensure that the Subcontractor maintains at all times during the terms of this
Contract, in lieu of the liability insurance requirements stated above, such liability insurance,
by commercial policy or self-insurance, as is necessary to meet the Subcontractor’s
obligations under the GIA.
L. Certificates
Contractor shall provide to the State certificates evidencing Contractor’s insurance coverage
and endorsements that evidence the State as Additional Insured, primary and non-
contributory, the subrogation waiver, and notice of coverage required in this Contract within
seven Business Days following the Effective Date. Prior to expiry of the Contractor’s
insurances, Contractor shall deliver to the State certificates of insurance evidencing renewals
of coverage. At any other time during the term of this Contract, upon request by the State,
Contractor shall, within seven Business Days following the request by the State, supply to
the State evidence satisfactory to the State of compliance with the provisions of this section.
State shall provide evidence of self-insurance for general liability and workers’ compensation
upon execution of this agreement and at any time requested in the future. Upon acceptance
of the aircraft, the State shall provide evidence of the Aviation insurance policy including
Contractor’s status as Additional Insured, and again upon request of the Contractor.
If the State is in breach of any provision of this Contract and does not cure such breach,
Contractor, following the notice and cure period in §11 and the dispute resolution process in
§13 shall have all remedies available at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this
Contract which cannot be resolved by the designated Contract representatives shall be
referred in writing to a senior departmental management staff member designated by the State
and a senior manager designated by Contractor for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business
Days, Contractor shall submit any alleged breach of this Contract by the State to the
Procurement Official of the State Agency named on the Cover Page of this Contract as
described in §24-102-202(3), C.R.S. for resolution in accordance with the provisions of §24-
106-109, C.R.S., and §§24-109-101.1 through 24-109-505, C.R.S., (the “Resolution
Statutes”), except that if Contractor wishes to challenge any decision rendered by the
Procurement Official, Contractor’s challenge shall be an appeal to the Executive Director of
the Department of Personnel and Administration, or their delegate, under the Resolution
Statutes before Contractor pursues any further action as permitted by such statutes. Except as
otherwise stated in this Section, all requirements of the Resolution Statutes shall apply
including, without limitation, time limitations.
14. NOTICES AND REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Contract shall
be the principal representative of the designating Party. All notices required or permitted to be
given under this Contract shall be in writing, and shall be delivered (A) by hand with receipt
required, (B) by certified or registered mail to such Party’s principal representative at the address
set forth below or (C) as an email with read receipt requested to the principal representative at the
email address, if any, set forth on the Cover Page for this Contract. If a Party delivers a notice to
another through email and the email is undeliverable, then, unless the Party has been provided with
an alternate email contact, the Party delivering the notice shall deliver the notice by hand with
receipt required or by certified or registered mail to such Party’s principal representative at the
address set forth on the Cover Page for this Contract. Either Party may change its principal
representative or principal representative contact information, or may designate specific other
individuals to receive certain types of notices in addition to or in lieu of a principal representative
by notice submitted in accordance with this section without a formal amendment to this Contract.
Unless otherwise provided in this Contract, notices shall be effective upon delivery of the written
notice.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
i. Copyrights
To the extent that the Work Product (or any portion of the Work Product) would not be
considered works made for hire under applicable law, Contractor hereby assigns to the
State, the entire right, title, and interest in and to copyrights in all Work Product and all
works based upon, derived from, or incorporating the Work Product; all copyright
applications, registrations, extensions, or renewals relating to all Work Product and all
works based upon, derived from, or incorporating the Work Product; and all moral
rights or similar rights with respect to the Work Product throughout the world. To the
extent that Contractor cannot make any of the assignments required by this section,
Contractor hereby grants to the State a perpetual, irrevocable, royalty-free license to
use, modify, copy, publish, display, perform, transfer, distribute, sell, and create
derivative works of the Work Product and all works based upon, derived from, or
incorporating the Work Product by all means and methods and in any format now
known or invented in the future. The State may assign and license its rights under this
license.
ii. Assignments and Assistance
Whether or not Contractor is under contract with the State at the time, Contractor shall
execute applications, assignments, and other documents, and shall render all other
reasonable assistance requested by the State, to enable the State to secure patents,
copyrights, licenses and other intellectual property rights related to the Work Product.
To the extent that Work Product would fall under the definition of “works made for
hire” under 17 U.S.C.S. §101, the Parties intend the Work Product to be a work made
for hire. Contractor assigns to the State and its successors and assigns, the entire right,
title, and interest in and to all causes of action, either in law or in equity, for past,
present, or future infringement of intellectual property rights related to the Work
Product and all works based on, derived from, or incorporating the Work Product.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Contract, all State Records,
documents, text, software (including source code), research, reports, proposals,
specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings,
designs, models, surveys, maps, materials, ideas, concepts, know-how, and information
provided by or on behalf of the State to Contractor are the exclusive property of the State
(collectively, “State Materials”). Contractor shall not use, willingly allow, cause or permit
Work Product or State Materials to be used for any purpose other than the performance of
Contractor’s obligations in this Contract without the prior written consent of the State. Upon
termination of this Contract for any reason, Contractor shall provide all Work Product and
State Materials to the State in a form and manner as directed by the State.
C. Exclusive Property of Contractor
Contractor retains the exclusive rights, title, and ownership to any and all pre-existing
materials owned or licensed to Contractor including, but not limited to, all pre-existing
software, licensed products, associated source code, machine code, text images, audio and/or
video, and third-party materials, delivered by Contractor under the Contract, whether
incorporated in a Deliverable or necessary to use a Deliverable (collectively, “Contractor
Property”). Contractor Property shall be licensed to the State as set forth in this Contract or a
State approved license agreement: (i) entered into as exhibits to this Contract; (ii) obtained
by the State from the applicable third-party vendor; or (iii) in the case of open source
software, the license terms set forth in the applicable open source license agreement.
16. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Contractor under this Contract is $100,000 or greater, either
on the Effective Date or at any time thereafter, this section shall apply. Contractor agrees to be
governed by and comply with the provisions of §§24-106-103, 24-102-206, 24-106-106, and 24-
106-107, C.R.S. regarding the monitoring of vendor performance and the reporting of contract
performance information in the State’s contract management system (“Contract Management
System” or “CMS”). Contractor’s performance shall be subject to evaluation and review in
accordance with the terms and conditions of this Contract, Colorado statutes governing CMS, and
State Fiscal Rules and State Controller Policies.
17. GENERAL PROVISIONS
A. Assignment
Contractor’s rights and obligations under this Contract are personal and may not be
transferred or assigned without the prior, written consent of the State. Any attempt at
assignment or transfer without such consent shall be void. Any assignment or transfer of
Contractor’s rights and obligations approved by the State shall be subject to the provisions of
this Contract.
B. Subcontracts
Contractor shall not enter into any subcontract in connection with its obligations under this
Contract without the prior, written approval of the State. Contractor shall submit to the State
a copy of each such subcontract upon request by the State. All subcontracts entered into by
Contractor in connection with this Contract shall comply with all applicable federal and state
laws and regulations, shall provide that they are governed by the laws of the State of
Colorado, and shall be subject to all provisions of this Contract.
C. Binding Effect
Except as otherwise provided in §17.A, all provisions of this Contract, including the benefits
and burdens, shall extend to and be binding upon the Parties’ respective successors and
assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this
Contract and the performance of such Party’s obligations have been duly authorized.
E. Captions and References
The captions and headings in this Contract are for convenience of reference only, and shall
not be used to interpret, define, or limit its provisions. All references in this Contract to
sections (whether spelled out or using the § symbol), subsections, exhibits or other
attachments, are references to sections, subsections, exhibits or other attachments contained
herein or incorporated as a part hereof, unless otherwise noted.
F. Counterparts
This Contract may be executed in multiple, identical, original counterparts, each of which
shall be deemed to be an original, but all of which, taken together, shall constitute one and
the same agreement.
G. Entire Understanding
This Contract represents the complete integration of all understandings between the Parties
related to the Work, and all prior representations and understandings related to the Work, oral
or written, are merged into this Contract. Prior or contemporaneous additions, deletions, or
other changes to this Contract shall not have any force or effect whatsoever, unless embodied
herein.
H. Digital Signatures
If any signatory signs this Contract using a digital signature in accordance with the Colorado
State Controller Contract, Grant and Purchase Order Policies regarding the use of digital
signatures issued under the State Fiscal Rules, then any agreement or consent to use digital
signatures within the electronic system through which that signatory signed shall be
incorporated into this Contract by reference.
I. Modification
Except as otherwise provided in this Contract, any modification to this Contract shall only be
effective if agreed to in a formal amendment to this Contract, properly executed and approved
in accordance with applicable Colorado State law and State Fiscal Rules. Modifications
permitted under this Contract, other than contract amendments, shall conform to the policies
issued by the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Contract to a statute, regulation, State Fiscal Rule, fiscal policy or other
authority shall be interpreted to refer to such authority then current, as may have been
changed or amended since the Effective Date of this Contract.
K. External Terms and Conditions
Notwithstanding anything to the contrary herein, the State shall not be subject to any
provision included in any terms, conditions, or agreements appearing on Contractor’s or a
Subcontractor’s website or any provision incorporated into any click-through or online
agreements related to the Work unless that provision is specifically referenced in this
Contract.
L. Severability
The invalidity or unenforceability of any provision of this Contract shall not affect the validity
or enforceability of any other provision of this Contract, which shall remain in full force and
effect, provided that the Parties can continue to perform their obligations under this Contract
in accordance with the intent of this Contract.
M. Survival of Certain Contract Terms
Any provision of this Contract that imposes an obligation on a Party after termination or
expiration of this Contract shall survive the termination or expiration of this Contract and
shall be enforceable by the other Party.
N. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle
D, Ch. 32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from
State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S.
(Colorado Sales Tax Exemption Identification Number 98-02565). The State shall not be
liable for the payment of any excise, sales, or use taxes, regardless of whether any political
subdivision of the state imposes such taxes on Contractor. Contractor shall be solely
responsible for any exemptions from the collection of excise, sales or use taxes that
Contractor may wish to have in place in connection with this Contract.
§24-37.5-102(2.6), C.R.S., then this Contract shall not be valid until it has been approved by
the State’s Chief Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent
upon funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY.
Liability for claims for injuries to persons or property arising from the negligence of the State,
its departments, boards, commissions committees, bureaus, offices, employees and officials
shall be controlled and limited by the provisions of the Colorado Governmental Immunity
Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and
28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S.
No term or condition of this Contract shall be construed or interpreted as a waiver, express
or implied, of any of the immunities, rights, benefits, protections, or other provisions,
contained in these statutes.
D. INDEPENDENT CONTRACTOR.
Contractor shall perform its duties hereunder as an independent contractor and not as an
employee, except as noted related only to the Aviation Liability insurance noted in Section
10 (B). Neither Contractor nor any agent or employee of Contractor shall be deemed to be an
agent or employee of the State. Contractor shall not have authorization, express or implied,
to bind the State to any agreement, liability or understanding, except as expressly set forth
herein. Contractor and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not
pay for or otherwise provide such coverage for Contractor or any of its agents or
employees. Contractor shall pay when due all applicable employment taxes and income
taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i)
provide and keep in force workers’ compensation and unemployment compensation
insurance in the amounts required by law, (ii) provide proof thereof when requested by
the State, and (iii) be solely responsible for its acts and those of its employees and agents,
except as provided for herein.
E. COMPLIANCE WITH LAW.
Contractor shall comply with all applicable federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE.
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Contract. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall
be null and void. All suits or actions related to this Contract shall be filed and proceedings
held in the State of Colorado and exclusive venue shall be in the City and County of Denver.
G. PROHIBITED TERMS.
Any term included in this Contract that requires the State to indemnify or hold Contractor
harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for
damages resulting from death, bodily injury, or damage to tangible property; or that conflicts
with this provision in any way shall be void ab initio. Nothing in this Contract shall be
construed as a waiver of any provision of §24-106-109, C.R.S.
H. SOFTWARE PIRACY PROHIBITION.
State or other public funds payable under this Contract shall not be used for the acquisition,
operation, or maintenance of computer software in violation of federal copyright laws or
applicable licensing restrictions. Contractor hereby certifies and warrants that, during the
term of this Contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State
determines that Contractor is in violation of this provision, the State may exercise any remedy
available at law or in equity or under this Contract, including, without limitation, immediate
termination of this Contract and any remedy consistent with federal copyright laws or
applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-
50-507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this Contract. Contractor
has no interest and shall not acquire any interest, direct or indirect, that would conflict in any
manner or degree with the performance of Contractor’s services and Contractor shall not
employ any person having such known interests.
J. VENDOR OFFSET AND ERRONEOUS PAYMENTS. §§24-30-202(1) and 24-30-202.4,
C.R.S.
[Not applicable to intergovernmental agreements] Subject to §24-30-202.4(3.5), C.R.S., the
State Controller may withhold payment under the State’s vendor offset intercept system for
debts owed to State agencies for: (i) unpaid child support debts or child support arrearages;
(ii) unpaid balances of tax, accrued interest, or other charges specified in §§39-21-101, et
seq., C.R.S.; (iii) unpaid loans due to the Student Loan Division of the Department of Higher
Education; (iv) amounts required to be paid to the Unemployment Compensation Fund; and
(v) other unpaid debts owing to the State as a result of final agency determination or judicial
action. The State may also recover, at the State’s discretion, payments made to Contractor in
error for any reason, including, but not limited to, overpayments or improper payments, and
unexpended or excess funds received by Contractor by deduction from subsequent payments
under this Contract, deduction from any payment due under any other contracts, grants or
agreements between the State and Contractor, or by any other appropriate method for
collecting debts owed to the State.
Section B Payment
B-1 PAYMENT PROCEDURES
B-2 PAYMENT FOR AVAILABILITY
B-3 PAYMENT FOR EXTENDED STANDBY
B-3 PAYMENT FOR SERVICE IN THE OPTIONAL-USE PERIOD
B-4 ORDERING AND PAYMENT FOR PERSONNEL
B-5 REIMBURSEMENT FOR MOBILIZATION AND DEMOBILIZATION COSTS
B-6 LODGING & MEALS
B-7 PAYMENT FOR FOAM CONCENTRATE
B-8 PAYMENT FOR COSTS AWAY FROM THE HOST BASE
B-9 PAYMENT FOR OVERNIGHT ALLOWANCE
B-10 MISCELLANEOUS COSTS TO THE CONTRACTOR
Section C Attachments
Exhibit A Page 1 of 65
DocuSign Envelope ID: 5001598C-78CF-4D8D-8569-654C42D5F695
Exhibit A Page 2 of 65
DocuSign Envelope ID: 5001598C-78CF-4D8D-8569-654C42D5F695
DEFINITIONS
As used throughout this Contract, the following terms shall have the meaning set forth below:
Additional Personnel: Additional personnel specifically ordered by the DFPC where it is to the State’s
advantage to have additional availability of the helicopter (not to be confused with a relief crew furnished
by Contractor to replace primary crew).
Aircraft Accident: An occurrence associated with the operation of a helicopter, which takes place
between the time any person boards the aircraft with the intention of flight and all such persons have
disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives
substantial damage.
Aircraft Incident: An occurrence other than an accident, associated with the operation of a helicopter,
which affects or could affect the safety of operations.
Aircraft Make and Model: A specific make and basic model of helicopter, including modification; e.g.,
a Bell 206
Aircraft Make, Model, and Series: A specific make, model, and series of aircraft including modification
(e.g., a Bell 206B is not the same make, model, and series as a Bell 206L).
Airspace Surveillance: The visual performance of crewmembers to maintain aircraft separation from
other aircraft and objects.
Alert Status: A status subject to flight and duty limitations, in which the Contractor has 1 hour to return
to standby if ordered by DFPC to do so.
Alternate Base: A base, other than the POB, established to permit operation from the vicinity of a project
area or incident.
Anchor: The Interagency approved device manufactured to be the fixed point attached to the helicopter
for rappel, hoist and cargo letdown operations.
Appropriate Flight Manual Hover Performance Chart: A performance chart residing in either the original
or supplemental portion of a rotorcraft flight manual (RFM) that the manufacturer or Supplemental Type
Certificate (STC) holder deems appropriate for a given phase of flight or special purpose activity. For
example: Kaman K-1200 Rotorcraft Flight Manual Supplement No. 1 USFS Fire Fighting.
Assigned Work Location: The location designated by DFPC from which an ordered flight shall originate.
Authorized Flight or Flying Time: The actual time that a helicopter is off the ground for the purpose of
the task or tasks to which assigned under an ordered flight when such time is recorded by the pilot and
approved by a designated DFPC official as having been properly performed.
Exhibit A Page 3 of 65
DocuSign Envelope ID: 5001598C-78CF-4D8D-8569-654C42D5F695
Aviation Hazard: Any condition, act, or set of circumstances that exposes an individual to unnecessary
risk or harm during aviation operations.
Base Cost: The portion of the flight rate that is constant throughout the contract period and not affected
by changes in fuel prices. Adjustments to the base cost shall be made annually by DFPC.
Civil Twilight: Begins in the morning, and ends in the evening when the center of the sun is
geometrically 6° below the horizon.
Crew Chief: A certified A&P mechanic trained to perform inflight crewmember duties such as hoist
operations, cabin management and airspace surveillance while providing limited maintenance
capability away from the aircraft home base.
Duty: That period that includes flight time, ground duty (pre and post- flight inspections) of any kind,
and standby or alert status at any location.
Empty Weight: Means the weight of the airframe, engines, propellers, rotors, and fixed equipment.
Empty weight excludes the weight of the crew and payload, but includes the weight of all fixed ballast,
unusable fuel supply, undrainable oil, total quantity of engine coolant, and total quantity of hydraulic
fluid.
Equipped Weight:
Bucket Helicopters: Equipped weight equals the Empty Weight (as listed in the Weight and Balance
Data) plus the weight of lubricants and onboard equipment required by contract (i.e., including but
not limited to survival kit, rappel anchor, first aid kit). Does not include the weight of the bucket and
any associated suspension hardware.
Tanked Helicopters: Equipped weight equals the Empty Weight (as listed in the Weight and Balance
Data) plus the weight of lubricants and onboard equipment required by contract (i.e., including but
not limited to survival kit, rappel anchor, first aid kit). Includes the weight of a fixed tank and snorkel.
External Load: Any combination of load and line that is 50 feet or less in length
Fatal Injury: Any injury, which results in death within 30-days of the accident
Federal Aviation Regulations: Rules and regulations contained in Title 14 of the Code of Federal
Regulations.
Ferry Flight: Movement of helicopter under its own power from point-to-point
Firehawk® Manger: Qualified helicopter manager specifically trained and authorized by DFPC to
perform specified aircraft flight management and manipulation tasks. Tasks include but are not limited
Exhibit A Page 4 of 65
DocuSign Envelope ID: 5001598C-78CF-4D8D-8569-654C42D5F695
to radio adjustment, flight management system use, multifunction display manipulation and limited
autopilot functions in order to assist the pilot. This person is trained to assist with emergency procedures
and aircraft recovery.
First Aid: Any medical attention that involves no medical bill - If a physician prescribes medical
treatment for less than serious injury and makes a charge for this service, that injury becomes "medical
attention."
Flight Crew: Those Contractor personnel required by the Federal Aviation Administration to operate the
aircraft safely while performing under contract to DFPC.
Flight Rate: The unit price per hour of flight time. (Includes base cost plus fuel costs)
Flight Time: Begins when the aircraft leaves the ground in takeoff for a given flight and ends when the
aircraft has landed.
Fuel Cost: The variable portion of the flight rate that is subject to change due to fuel price change.
Form A: The Form A (in Attachment 21) is a tabulation of all operating equipment that is or may be
installed, and for which provision for fixed stowage has been made in a definite location in the helicopter.
It provides a weight, arm, and moment of individual items. This is the primary document utilized to
identify how a helicopter was precisely configured at the time of weighing. The items installed are
indicated with a check mark or “x”, where the items not installed are identified with a “0”.
Form B: The Form B (in Attachment 21) is a single-page form used for recording the scaled weighing
data and computing the empty weight and balance of the helicopter. This document shall provide the
individual weights for each scale and show which type of scale was used to obtain the weight.
Form C: The Form C (in Attachment 21) is a malleable list that updates the weight obtained from the
Form B as equipment is added or removed. It additionally shows a continuous history of the basic weight,
arm, and moment resulting from structural and equipment changes in service.
Fully Operational: Helicopter, pilot(s), other personnel, repairs, operating supplies, service facilities, and
incidentals necessary for the safe operation of the helicopter both on the ground and in the air.
Fully Rated Capacity: The number of passenger seats or pounds of cargo load authorized in the applicable
Type Certificate Data Sheet.
General Aviation: That portion of civil aviation that encompasses all facets of aviation except air carriers.
Ground Mishap, Aircraft: An aircraft mishap in which there is no intent to fly; however, the power plants
and/or rotors are in operation and damage incurred requiring replacement or repair of rotors, propellers,
wheels, tires, wing tips, flaps, etc., or an injury is incurred requiring first aid or medical attention.
Helicopter Manager: Directs personnel in the conduct of helicopter operations (mission planning, ensure
flight planning documents are accurate and submitted, helispot location, manifesting, ensure contract
compliance, monitor vendor personnel for compliance with flight time and duty day limitations).
Exhibit A Page 5 of 65
DocuSign Envelope ID: 5001598C-78CF-4D8D-8569-654C42D5F695
Hoist Operations: The use of an internally or externally mounted winch system, mounted to the aircraft,
used for extraction of personnel and or equipment in areas where landing the aircraft is not possible.
Hoist Operator: Personnel designated and trained to operate the the internally or externally mounted
rescue hoist system.
Hoist Rescuer: Personnel designated and trained to perform rescue operations using the aircraft hoist
system. Rescue personnel may be agency employees or members of volunteer Search and Rescue teams
as designated by DFPC.
Hover-in-ground-effect (HIGE): Maximum pressure altitude and temperature at which a helicopter can
hover (at maximum gross weight) using the effects of ground cushion per the Flight Manual/Supplements
and STC performance charts.
Hover-out-of-ground Effect (HOGE): Maximum pressure altitude and temperature which a helicopter
can hover (at maximum gross weight) without the effects of ground cushion per the Flight
Manual/Supplements and STC performance charts.
Incident (All Hazard): A threat or an incident, natural or manmade, that warrants action to protect life,
property, the environment, and public health or safety, and to minimize disruptions of government, social,
or economic activities. It includes natural disasters, cyber incidents, industrial accidents, pandemics, acts
of terrorism, sabotage, and destructive criminal activity targeting critical infrastructure. This also includes
the effects climate changes has on the threats and hazards.Incident (Aircraft): An occurrence other than
an accident, associated with the operation of an aircraft, which affects or could affect the safety of
operations.
Incident-With-Potential: An incident that narrowly misses being an accident and in which the
circumstances indicate significant potential for substantial damage or serious injury. Final classification
shall be determined by the DFPC Aviation Unit Chief.
Internal Cargo Compartments: An area within the helicopter specifically designed to carry cargo.
Law Enforcement: Those duties carried out by DFPC personnel together with personnel from cooperating
agencies, to enforce various State/Federal laws applicable to trespass (those activities relating to timber,
grazing, fire, occupancy and others). Specific law enforcement activities can include surveillance (visual,
infrared, or photographic), transportation of law enforcement personnel and persons in custody and
transportation of property (both internally and externally). All helicopter activities including landings
shall occur at locations that may or may not be secured by law enforcement personnel and may or may
not be locations removed from law enforcement actions.
Limited Use Helicopter: A limited use helicopter is an Interagency term used to denote a standard
category helicopter that is designated and utilized in a limited role (not for passenger transport.) See
Standard Category.
Long-line: Any combination of load and line, attached to the cargo hook of the aircraft for the purpose
of carrying an external load greater than 50 feet in length.
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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.
Mishap: Mishaps include aircraft accidents, incidents-with-potential, aircraft incidents, aviation hazards
and aircraft maintenance deficiencies.
Mountain Flying - Helicopter Pilot: 200 hours experience operating helicopters in mountainous terrain
identified in 14 CFR 95 Subpart B-Designated Mountainous Area. Operating includes maneuvering and
numerous takeoffs and landings to pinnacles, ridgelines and confined areas.
Night: The time between the end of evening civil twilight and the beginning of morning civil twilight, as
published in the American Air Almanac, converted to local time.
NVG Flight Operation: A flight or operation during any part of which NVG is used by flight crew
member(s) in an aircraft which is NVG equipped and approved for NVG operations.
Night Vision Goggles (NVG): A head-mounted, lightweight, and self-contained binocular appliance that
amplifies ambient light. NVG's are worn by crew members and are used to enhance the crew member's
ability to maintain visual reference to the surface at night. Goggles are an integral part of the overall Night
Vision Imaging System (NVIS), not the entire system.
Official Sunset and Sunrise: The times when the upper edge of the disk of the Sun is on the horizon,
considered unobstructed relative to the location of interest. Atmospheric conditions are assumed to be
average and the location is in a level region on the Earth's surface.
Operational Control: The condition existing when an entity exercises authority over initiating, conducting
or terminating a flight.
Operating Agency: An executive agency or any entity thereof using aircraft which it does not own.
Operator: Any person who causes or authorizes the operation of an aircraft, such as the owner, lessee, or
bailee of an aircraft.
Passenger Any person aboard an aircraft who does not perform the function of a flight crewmember or
crew member.
Payload: The maximum allowable weight (passengers and/or cargo) that can be carried in any one
mission.
Pilot-In-Command (PIC) The pilot responsible for the operation and safety of the aircraft during the time
defined as flight time.
Primary Base of Operations: The primary operating location of a 14 CFR 121, 133, 135 or 137 certificate
holder as established by the certificate holder.
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Primary Operating Base (POB):The initial DFPC location at which the aircraft shall be made available
for the purpose of providing aircraft services.
Public Aircraft Operations (PAO): Use of an aircraft as outlined in 49 USC 10102 and 49 USC 40125
conducting operations for governmental purposes and not for commercial purposes or compensation.
Qualified Noncrewmember: An individual, other than a member of the crew, aboard an aircraft whose
presence is required to perform, or is associated with the performance of, a governmental function.
Restricted Category: An aircraft that has been manufactured in accordance with the requirements of and
accepted for use by an Armed Force of the United States and later modified for special purposes such as
agriculture, forest and wildlife conservation, aerial surveying, patrolling, or any operation specified by
the FAA Administrator.
SAFECOM: Use to report any condition, observance, act, maintenance problem, or circumstance, which
has potential to cause a mishap. The purpose of the SAFECOM form is not intended to be punitive in
nature. It shall be used to disseminate safety information to aviation managers, and also to aid in accident
prevention by trend monitoring and tracking. See www.safecom.gov
Serious Injury: Any injury which: (1) requires hospitalization for more than 48-hours, commencing
within 7-days from the date the injury was received; (2) results in a fracture of any bone (except simple
fractures of fingers, toes or nose); (3) causes severe hemorrhages, nerve, muscle or tendon damage; (4)
involves any internal organ; or; (5) involves second or third-degree burns, or any burns affecting more
than 5% of the body surface.
Sling Load: Jettisonable external load that is lifted free of land or water during the rotorcraft operation.
Air Tactical Coordination (Air Attack): Coordination with other tactical aircraft during fire and
other project operations.
Other: Cooperative use with other agencies, and other purposes mutually agreed upon by the
Contractor crewmember(s) and DFPC.
Standard Category/Limited Use Helicopter: Turbine powered helicopters certificated in the normal or
transport category. Standard Category helicopters are operated and maintained for passenger carriage in
accordance with 14 CFR 135 by an operator holding an Air Carrier Certificate. Limited Use helicopters
are maintained in accordance with the type certificate and applicable STC’s, operated IAW applicable
CFR’s and are not for passenger transport.
Single skid, Toe-in, hover Exit Procedures (STEP): A method using only a single portion of a skid, wheel
or coming to a low hover to inorder to load or offload personnel and equipment where landing the
helicopter may not be possible.
Substantial Damage: Any damage or failure which adversely affects the structural strength, performance
or flight characteristics of the helicopter, and which would normally require major repair or replacement
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of the affected component. Engine failure or damage limited to an engine if only one engine fails or is
damaged, rotor/ propeller blades damage, damage to landing gear, wheels, tires, flaps, engine accessories,
brakes, or wing tips are not considered “substantial damage" for the purpose of this part.
Type I (Heavy) Helicopter: 15 or more passenger seats or 5,000 lbs payload and 700 gallons retardant
capacity
Type II (Medium) Helicopter: Between 9 to 14 passenger seats or 2,500 to 4,999 lbs payload and 300 to
699 gallons retardant capacity.
Type III (Light) Helicopter: Between 4 to 8 passenger seats or 1,200 to 2,499 lbs payload and 100 to 299
gallons retardant capacity.
Type IV (Extra Light) Helicopter: Between 2-3 passenger seats or 600 to 1,199 lbs payload and 75 to 99
gallons retardant capacity.
Vertical Reference/External Load (VTR): Direct visual reference, by the pilot, of an external load/cargo
being slung from beneath the helicopter with a line attached to the cargo hook and being removed or
placed from the earths’ surface with precision.
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ABBREVIATIONS/ACRONYMS
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(b) The Contractor shall provide qualified pilots and mechanics as outlined in this contract for a
Mandatory Availability Period (MAP) of 365 days per year until the expiration of this contract or
otherwise released.
(c) The Contractor shall keep and maintain documentation, tracking and programs necessary to assure
safety of ground and flight operations. The development and maintenance of these programs are a
material part of the performance of the contract. When, in the sole judgment of the DFPC, the safety
programs do not adequately promote the safety of operations, the State may terminate the contract
for cause as provided in the main body of the Contract (See Attachment). Examples of such
programs include but are not limited to: 1) Personnel Qualifications & Performance, 2)
Maintenance, 3) Safety and 4) Compliance with Regulations.
(d) The State helicopter shall be used for All-Risk/All-Hazard incident support and may also be used
for project, law enforcement, and administrative flights.
(e) The Contractor shall complete the Work as described in this Contract and in accordance with the
provisions of Attachment A. The State shall have no liability to compensate the Contractor for the
delivery of any goods or the performance of any services that are not specifically set forth in this
Contract.
A-3 STATE FURNISHED PROPERTY
(a) If State Furnished Property (SFP) is provided; the Contractor shall be required to sign a property
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receipt document. Upon State request, SFP shall be returned to the State.
(b) The State shall provide the following items to the Contractor at the Main Operating Base (MOB).
(5) Interagency Aviation Transport of Hazardous Materials Handbook/Guide with any applicable
Department of Transportation (DOT) Special Permit Letters and Emergency Response Guide.
(c) Suppressants and/or retardant shall be provided by the State as needed in accordance with the most
current Qualified Product List as specified at https://www.fs.usda.gov/rm/fire/wfcs/products/
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(7) A hard copy of the current maintenance record required by 14 CFR 91 shall be kept with the
aircraft along with a computerized maintenance management system.
(8) Maintenance of aircraft records shall be in accordance with the FAA Advisory Circular (AC)
No. 43-9C as revised.
(9) Contractor shall notify the DFPC at least 16 flight hours prior to the initiation of any
maintenance or inspections. In addition, the Contractor shall immediately notify DFPC of any
change of an engine, power train, control, or major airframe component and circumstances
inducing the change.
(10) Routine maintenance shall be performed before or after the daily standby or as approved by
DFPC.
(11) All inspection times and intervals shall comply with the Manufacturer's Approved
Maintenance Program.
(12) Inspections shall be performed in a maintenance facility, MOB, host, alternate base, or in the
best field conditions available.
(13) When less than 10 hours remain before any 40-hour or 120-hour inspection, the first 40-hour
and 120-hour inspection shall be performed before or after the daily standby, or as approved
by DFPC.
(14) Scheduled inspections or maintenance may be performed per the requirements in (i) through
(iii) below.
(i) When the inspection is due and the aircraft and flight crew have been released for the
day, Contractor shall be allowed to perform scheduled inspection and/or maintenance,
up to the end of the following calendar day, when approved by DFPC.
(ii) When the helicopter is available for service and the Contractor is scheduled to perform
crew duties, it is the Contractor’s responsibility to ensure that the flight crew is also
available. If the flight crew is not available when the aircraft is returned to service, and
the Contractor is scheduled to perform crew duties, unavailability shall be assessed
from that time until such time that they do become available.
(iii) If the aircraft is unavailable due to negligence, from either the Aircrew or Maintenance
personnel, or if either is not on site and available when requested, unavailability to the
Contractor shall be assessed.
(15) Weighing of the helicopter shall be accomplished once a year and documented on applicable
aircraft weighing forms. All weighing of aircraft shall be performed on scales that have been
certified as accurate within the previous one (1) year. The certifying entity may be any
accredited weights and measures laboratory using standards traceable to the National Institute
of Standards and Technology (NIST). The scales shall be listed by make model and
calibration date in the aircraft's weight and balance documentation (See Section E,
Attachment 21).
(16) A list of equipment installed in the aircraft at the time of weighing shall be compiled. The
equipment list shall include the name, weight, arm and moment of each item installed. Items
that may be easily removed or installed for aircraft configuration changes (seats, doors,
radios, cargo hook, baskets, special mission equipment, etc.) shall also be listed including the
name, weight, arm and moment of each item. Each page of the equipment list shall identify
the specific aircraft by serial and registration number. Each page of the equipment list shall
be dated indicating the last date of actual weighing or computation. The weight and balance
shall be revised each time equipment is removed or installed which more than negligibly
affects the center of gravity of the aircraft. See Attachment 10 for an acceptable example.
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(17) Agency Mechanic/Crew Chief responsibilities and authorities shall be outlined and agreed
upon with the Contractor prior to the Mandatory Availability Period.
(b) Power Assurance Checks (Health Indicator Test, S-70)
(1) A Power Assurance check (Health Indicator Test) shall be accomplished prior to the first
flight of each day in accordance with the manufacturer's instruction or Rotorcraft Flight
Manual. A current record of the Health Indicator Test shall be maintained with the aircraft
under this Contract and any renewal periods.
(2) Helicopters with power output below the minimum published performance charts or if the
trend analysis indicates significant deterioration in performance the aircraft shall be removed
from service. The power condition shall be corrected before return to service.
(c) Maintenance Flights
(1) A functional maintenance test flight shall be performed following overhaul, repair, and/or
replacement of any engine, power train, rotor system or flight control equipment, and
following any adjustment of the flight control systems or as directed by the manufacturer
before the helicopter is returned to service.
(2) Results of the maintenance flights shall be reported to and approved by the Interagency
Aviation Maintenance Inspector before the helicopter is returned to interagency availability.
(d) Calibrated Tools
(1) All torque wrenches and measuring devices must be calibrated annually. A decal showing
current calibration must be affixed to each tool showing calibration date.
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(c) Labeling and marking of all avionics controls and equipment shall be clear, understandable,
legible, and permanent. Electronic label maker marking is acceptable.
A-8 OPERATIONS
(a) General
(1) Regardless of any status as a public helicopter operation (see Attachment 12), the Contractor
shall operate in accordance with 14 CFR 135 Operations Specification and all portions of 14
CFR 91, as appropriate, (including those portions applicable to civil aircraft) and each
certification required under this Contract unless otherwise authorized by DFPC. DFPC
acknowledges certain special use missions do not fall within the purview of 14 CFR Parts
135 and 91. Special use missions include, but are not limited to Initial Attack, Extended
Attack, Single skid, Toe-in, hover Exit/Entry Procedures (STEP), rescue hoist, rappel, short
haul, aerial ignition, NVG Ops and rope assisted deployment operations.
(2) A State or interagency representative may inspect the pilot’s Interagency Helicopter Pilot
Qualifications before any flight. DFPC has mission control and can delay, terminate, or
cancel a flight at any time.
(3) Only Manufacturer FMS approved charts based on minimum specification engine
performance shall be used.
(4) Use Attachment 6, Interagency Helicopter Load Calculation and the appropriate Hover
Ceiling Charts (HOGE and HIGE) from the approved Rotorcraft Flight Manual.
(5) For longline operations, any combination of line length may be used at the discretion of the
pilot, providing the pilot is endorsed Longline VTR by the DFPC Chief Pilot and interagency
policies (obstacle and tail rotor clearance etc.) are adhered to.
(b) Crew Coverage
(1) The number of persons required shall be the minimum or personnel for a single pilot operation
while operating under this contract
(i) Coverage: 7-Day Coverage (See Chart Below) with one Pilot crew and if/when
applicable, one SIC Pilot for NVG operations.
(A) At the discretion of DFPC and prior coordination, qualified DFPC personnel may
substitute for the Primary or Relief Pilot.
Fuel
Coverage
Servicing Pilot and Mechanic
7 -Day
Vehicle
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(1) The Pilot-In-Command (PIC) is responsible for the safety of the aircraft, loading and
unloading of occupants and cargo. The pilot shall comply with the directions of DFPC, except
when in the pilot's judgment compliance will be a violation of applicable federal or state
regulations or contract provisions. The pilot has final authority to determine whether the
flight can be accomplished safely and shall refuse any flight or landing which is considered
hazardous or unsafe.
(2) The pilot is responsible for ensuring the weight and balance for all flights and for assuring
that the gross weight and center of gravity do not exceed the aircraft's limitations. Pilots shall
be responsible for the proper loading and securing of all cargo. Load calculations
(Attachment 6, Form 5700-17/OAS-67) shall be computed and completed daily and when
environmental conditions necessitate, by the pilot using appropriate flight manual hover
performance charts. Performance updates in flight are authorized when using the onboard
flight management system.
(3) Smoking is prohibited within 50-feet of the fuel servicing vehicle, fueling equipment, or
aircraft.
(4) The pilot may exit the aircraft while the rotor(s) are turning as long as hydraulic power is not
applied to the flight controls or the helicopter manager is able to maintain the flight controls
in a ground neutral position with positive pressure maintained on the collective in the full
down position. The pilot shall coordinate this action with the Helicopter Manager or Second
in Command. If the helicopter manager is unable to maintain the flight controls, the aircraft
engines must be shut down and hydraulic power removed from the flight controls for the pilot
to exit the aircraft.
(5) Auxiliary Power Unit (APU) power may be continuously applied as long as the pilot or
helicopter manager are within close proximity to conduct an emergency APU shutdown if
necessary.
(6) Pilot(s) shall use an approved cockpit checklist for all flight operations included in the
Rotorcraft Flight Manual Checklist.
(7) STEP procedures are only approved by DFPC for trained and qualified personnel.
(8) Equipment such as radios, survival gear, fire tools, etc., shall be located in or on the aircraft
in such a manner as to not cause damage or obstruct the operation of equipment or emergency
egress of personnel. All cargo shall be properly secured.
(9) The pilot shall not permit any passenger in the helicopter or any cargo to be loaded therein
unless authorized by DFPC.
(10) Passenger Briefing - Before each takeoff, the PIC shall ensure that all passengers have been
briefed in accordance with the briefing items contained in 14 CFR 135. Briefing shall include
the following; Personal Protective Equipment (PPE), Shut-Off Procedures for Battery and
Fuel, emergency exits and Aircraft Hazards.
(11) Flight Plans - Pilots shall file and operate on a FAA, ICAO, or agency flight plan. Contractor
flight plans are not acceptable. Flight plans shall be filed prior to takeoff when possible.
(12) Flight Following - Pilots are responsible for flight following with the FAA, ICAO, or in
accordance with interagency approved flight following procedures, which includes
Automated Flight Following (AFF) and radio check-ins.
(13) Manifesting - Prior to any takeoff, the PIC shall provide the appropriate dispatch
office/coordination center or helibase with current passenger, cargo and fuel duration
information.
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(14) Fuel Reserve - To provide adequate fuel reserve all operations shall comply with 14 CFR 91
for VFR (20-minutes reserve).
(15) During missions that involve transporting agency personnel, a HOGE power check shall be
performed for either takeoff or landing, whichever is most restrictive. This requirement
applies to pinnacle, ridgeline and confined areas or any first time missions into/out of a HOGE
site. Refer to the interagency helicopter pilot practical test standards.
(2) In order to best determine the safety and effectiveness of NVG Flight Operations, Contractor
shall follow all related guidelines posted by the DFPC and FAA Regulations regarding
nighttime flying operations and use of NVG.
(3) Costs for NVG training, equipment and currency shall be borne by DFPC.
(2) All loose items must be secured prior to flight with doors open/removed (Velcro is not
considered a secure attachment). Flights with cowlings, fairings, and panels removed are not
permitted.
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(i) Use actual weight of cargo from load calculation or manifest form. Weight reduction
is optional and may be calculated into jettisonable payload when agreed upon by pilot
and DFPC Helicopter Manager.
(3) Bucket Operations
(i) All Bucket Operations (Applicable to both gated and non-gated buckets
(A) For calculation of the allowable bucket payload use 8.3 pounds per gallon for
water. When mixed fire retardant is being delivered by bucket, use the actual
weight per gallon of the mixed retardant.
(B) Buckets shall be attached directly to the belly hook unless the pilot is approved
for vertical reference.
(C) Extension (Tag) lines of less than 50-feet are not permitted for bucket operations
(ii) Non-Gated Bucket Operations
(A) Partial bucket dips for performance planning purposes are not authorized.
(B) Bucket capacity at each position or adjustment level shall be marked on the
bucket. Collapsible buckets with cinch straps shall only be adjusted to marked
graduations (i.e., 90%, 80%, and 70%). Intermediate graduations or capacities
below the manufacturer’s minimum graduation (by tying knots, etc.) are
prohibited.
(C) At the beginning of the fuel cycle, bucket capacity shall be adjusted so that the
bucket, when filled to the adjusted capacity, does not exceed the initial allowable
payload.
(iii) Gated Bucket Operations
(A) Requires the electronic hook load measuring system to be turned on and
operational.
(B) Partial filing is authorized based on aircraft performance and environmental
conditions.
(h) Tank Operations
The following procedure shall be used for all Tank operations:
(1) Determine allowable payload using the interagency helicopter load calculation, appropriate
HOGE helicopter performance charts, and current local temperature and pressure altitude.
(2) For calculation of the allowable tank payload use 8.3 pounds per gallon for water. When
mixed fire retardant is being delivered by tank, use the actual weight per gallon of the mixed
retardant.
(3) Prior to or during the helicopter’s first start-up of each day, the tank doors shall be checked
for normal and emergency operation, to include checking the snorkel for proper operation as
well. These operational checks shall be incorporated into the aircraft’s cockpit checklist and
are not required in conditions that present potential damage to the tank or snorkel system.
(i) Hoist Operation
(1) Hoist operations are routinely conducted in mountainous, high angle terrain at altitudes above
12,000 feet MSL. Contractor pilots conducting hoist operations must be able to operate in
accordance with the Interagency Helicopter Pilot Practical Standards, complete training
according to the DFPC Hoist Operations Guide, Hoist Pilot Training Requirements,
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participate in scheduled training events, operate as Pilot in Command for State Search and
Rescue operations and be authorized by the Aviation Unit Chief to conduct hoist operations.
(i) Initial pilot hoist training shall be conducted in the State owned S-70M. Up to 10 flight
hours shall be allocated per pilot at DFPC cost unless otherwise authorized by the
Aviation Unit Chief. If additional flying hours are required, the Contractor shall, unless
otherwise authorized by DFPC, reimburse DFPC for fuel and the hourly cost of the
contracted engine maintenance program.
(ii) Contractor Pilots are required to maintain hoist currency by conducting at least one
hoist sequence within the preceding 30 days after initial hoist training. Up to one flight
hour every 30 days shall be authorized, at DFPC cost, to maintain hoist currency if pilot
currency will lapse.
(2) The following procedure shall be used for all hoist operations:
(i) Prior to the first flight of the day, the crew shall conduct hoist operational checks as
appropriate and outlined by the hoist manufacturer or before performing hoist
operations.
(ii) The pilot shall receive a briefing from the helicopter manager including but not limited
to hoist location, altitude if available, temperature if available, number of subjects to
be hoisted, subject transfer location and any additional information that shall aid the
pilot in performance and flight planning.
(iii) The pilot shall verify the flight can be conducted in VFR conditions in accordance with
14 CFR 91.155.
(iv) The pilot shall ensure dual engine OGE power is available at the hoist site in the
expected conditions ie; predicted altitude, temperature and aircraft weight. It is
acceptable to adjust weight through fuel burn or off loading of non-essential mission
equipment and personnel prior to conducting hoist operations. Enough fuel must
remain onboard the aircraft to complete the operation and transit to a fuel location while
not causing an undue safety hazard to the aircraft and crew. Hoist operations shall not
be conducted if dual engine OGE power can not be maintained during any portion of
the hoist sequence.
(v) For helicopter performance updates in flight, 200 lbs per person, minimum, shall be
used to calculate additional personnel unless the helicopter manager and/or pilot in
command determines a higher value is appropriate.
(vi) The pilot shall operate in conjunction with DFPC Hoist Operators and authorized
rescue personnel in accordance with the DFPC Hoist Operations Guide.
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(1) Helicopters may be required to carry hazardous materials. Such transportation shall be in
accordance with the DOT Special Permit and the DOI or FS Aviation Transport of Hazardous
Materials Handbook/Guide (NFES 1068). A copy of the current Special Permit and
handbook/guide and DOT Emergency Response Guide (ERG), along with the DFPC Party
Status Letter, shall be aboard each aircraft operating under the provisions of this Special
Permit and can be found at the following websites:
https://www.phmsa.dot.gov/training/hazmat/erg/emergency-response-guidebook-erg
https://www.doi.gov/sites/doi.gov/files/dot-sp-9198-version-17-expires-2026-02-28.pdf
https://www.doi.gov/sites/doi.gov/files/uploads/pms513_w_approval.pdf
(2) It is the responsibility of the Contractor to ensure that Contractor pilots have received
training in the handling of hazardous materials. Documentation of this training shall be
retained by the company in the employee’s records and made available to DFPC upon
request. Training is available at this website:
https://www.iat.gov/training/searchcourse_overview.asp?cid=1005
(3) The pilot shall ensure personnel are briefed of specific actions required in the event of an
emergency. The pilot shall be given initial written notification of the Common Name,
Shipping Name, Hazard Class, ERG Number, Quantity, and the Location of hazardous
materials placed aboard the aircraft before the start of any project. Thereafter, verbal
notification before each flight is acceptable. For operations when the type and quantity of the
materials do not change, repeated notification is not required.
A-10 PERSONNEL
(a) General
(1) Pilots and mechanics shall speak English fluently and communicate clearly.
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(2) Only qualified non-crewmembers are authorized on tactical flight missions. The Mechanic
is not considered qualified non-crew members and are not allowed to be onboard the
helicopter during tactical flight missions.
(3) Operation in countries bordering the Contiguous United States may be required. Pilots
crossing international borders shall possess a valid passport and pilot certificates must meet
ICAO requirements.
(4) Quality Assurance/Evaluation/Safety checks may be conducted IAW Attachment 7.
(b) Management Personnel Requirements
(1) Contractor shall have and maintain through the life of the contract personnel in the
following positions:
(i) Flight Operations Manager (Director of Operations). Flight Operations Manager shall
meet the following requirements:
(A) To serve as a Flight Operations Manager for a certificate holder that only
conducts operations for which the pilot in command is required to hold a
commercial pilot certificate, a person must hold at least a commercial pilot
certificate. In addition, the Flight Operations Manager must have at least 3
years supervisory or managerial experience within the last 6 years in a position
that exercised operational control over flight operations
(i) Maintenance Manager (Director of Maintenance). Maintenance Manager shall meet the
following requirements:
(B) To serve as a Maintenance Manager a person must hold a mechanic certificate
with airframe and powerplant ratings and either:
a. Have 3 years of experience within the past 6 years maintaining aircraft
as a certificated mechanic, including, at the time of appointment as
Maintenance Manager, experience in maintaining the same category and
class of aircraft as the certificate holder uses; or
b. Have 3 years of experience within the past 6 years repairing aircraft in a
certificated airframe repair station, including 1 year in the capacity of
approving aircraft for return to service.
(ii) Contractor Chief Pilot. The Contractor Chief Pilot shall meet the following
requirements:
(C) To serve as Chief Pilot for a certificate holder that only conducts operations for
which the pilot in command is required to hold a commercial pilot certificate, a
person must hold at least a commercial pilot certificate. The Chief Pilot must be
qualified to serve as pilot in command in at least one aircraft used in the
certificate holder's operation. In addition, the Chief Pilot must have at least 3
years’ experience, within the past 6 years, as pilot in command.
(c) Pilot Approvals and Qualifications and Background Investigation
(1) Contractor shall submit Contractor Pilots for a criminal background investigation at the
expense of DFPC prior to the start of the pilot assignment.
(2) Contractor shall be required to provide, to DFPC, proof of pilot completion of the Sikorsky
S-70 initial or transition qualification or military training course completion as applicable.
Previously qualified UH/HH/MH-60 pilots through a military course only require the
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Sikorsky S-70 transition whereas other non-previously qualified pilots must attend the
Sikorsky S-70 initial qualification course. Previously qualified UH/HH-60M, S-70M or
equivalent pilots may be considered at the discretion of DFPC.
(3) Agency or Interagency Pilot Inspectors shall verify that Contractor pilots meet the experience
and qualification requirements under this Contract.
(4) PICs shall pass a flight evaluation at least every 36 months. DFPC retains the right to have a
flight evaluation conducted at any time. The evaluation shall be conducted in accordance with
the Interagency Helicopter Practical Test Standards
(https://www.doi.gov/aviation/library/guides) and per the contract specifications. The initial
flight check shall be conducted in the state owned S-70 at the DFPC’s expense. Any
additional flight checks required and approved by DFPC shall be at the Contractor’s expense.
The satisfactory completion of the evaluation flight shall not substitute for any of the total
flight hour requirements listed in this clause.
(5) Pilots shall complete appropriate portions of the Helicopter Pilot Qualifications and Approval
Record (Form FS-5700-20a) prior to helicopter pilot inspector evaluation. FS-5700-20a can
be found at:
https://www.fs.usda.gov/sites/default/files/2019-09/fs_5700-20a_fillable.pdf (Helicopter
Pilot Qualifications and Approval Record).
When approved, each pilot shall be listed on an approved Cooperator Approval Letter
documenting: Company, make, model and series of aircraft approved to operate and the
missions each pilot is approved to perform.
(6) Pilots shall possess or provide documentation of the following:
(i) Commercial or Airline Transport Pilot (ATP) Certificate with appropriate rating
(Rotorcraft-Helicopter) and a valid Class I or Class II FAA Medical Certificate.
(iii) Notwithstanding, 14 CFR 61.58(b), (Recent Flight Experience), helicopter PICs shall
meet requirements of 14 CFR 61.58(a).
(iv) Proof of compliance with 14 CFR Part 61.57 (a) (1) (i) and (ii).
(vi) At DFPC's discretion, each pilot shall pass an Interagency flight evaluation in make,
model, and series conducted over typical terrain.
(vii) The Contractor shall ensure that a pilot who is presented for the initial check ride meets
all requirements as outlined in paragraph A-10 (c) (7), Pilot Requirements-Experience,
after award. The Contractor shall verify all pilot hours submitted on form FS-5700-
20a as determined from a certified pilot log or permanent record to ensure accuracy.
Additionally, for pilots seeking initial approval, the Contractor shall identify previous
employers and submit the information on the form found in Attachment 18. The
information submitted is subject to verification by the DFPC Chief Pilot and/or an
Interagency Pilot Inspector.
(C) When pilots act as a mechanic, mechanic duties in excess of 2-hours shall apply
as flight hours on a one-to-one basis toward flight hour limitations.
(D) A mechanic, other than the pilot, shall perform 40-hour, 120-hour, progressive
inspections or phase maintenance.
(E) If approved by the Contractor’s Operations Specifications, and in accordance
with 14 CFR 43.3(h), 43.5 and 43.7, pilots may perform preventive
maintenance on the aircraft.
(F) Pilot shall not be considered the mechanic as part of the Contract module.
(7) Pilot Requirements – Experience
(i) Pilots shall have accumulated as pilot in command (PIC) the minimum flight hours
listed below. Flight hours shall be determined from certified pilot log or military
records. Further verification of flight hours may be required at the discretion of
DFPC.
All Helicopters Minimum Experience Flying Hours
Total Time 1,500
Pilot–in-command hours:
Total Pilot-in Command (Helicopter) 1,500
Helicopter, Preceding 12 months 100**
Make and Model 50*
Make, Model, Series, Last 12-Months 10
Turbine Helicopter Operations 500
*Flight hour requirements may be reduced by 50% if the pilot submits evidence of satisfactory
completion of the manufacturer's approved pilot ground and flight procedures training in the
applicable make and model.
**The Contractor may request that the pilot flight hour requirement be waived for a pilot under
special circumstances; however, the waiver may or may not be granted. The Contractor shall
contact DFPC in advance of this need for additional information on this process. No other pilot
qualification exceptions shall be considered by the State.
*DFPC shall share up to 50% of the NVG Make/Model operating expenses. If additional flight time
is required for proficiency, the Contractor shall be responsible for the expenses as outlined in
section A-10 (g) (2). Any additional pilot replacement costs shall be directly responsible to the
Contractor.
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**Mountain Flying - Helicopter Pilot: 200 hours experience operating helicopters in mountainous
terrain identified in 14 CFR 95 Subpart B-Designated Mountainous Area. Experience operating
outside the United States may be considered “Mountain Flying” providing it is conducted in
mountainous regions defined as 2000 feet above surroundings containing long slopes, deep valleys,
and high ridges. Operating includes maneuvering and numerous takeoffs and landings to
pinnacles, ridgelines and confined areas.
(8) Pilot - Equipment Proficiency
(i) Pilots shall demonstrate proficiency with all mission equipment.
OR
2. The mechanic shall have a valid FAA mechanic certificate with Airframe and
Powerplant ratings, and shall have held the certificate for 12-months. The mechanic
shall have held the foreign equivalent with both ratings for a period of 24 months.
(2) The mechanic shall have 12-months experience as an Airframe and Powerplant (A&P)
mechanic or foreign equivalent in maintaining helicopters. Three months experience shall
have been in the last 2 years.
(3) The mechanic shall show evidence of maintaining a helicopter of the same make and model,
or similar (UH/HH/MH-60 etc.) as offered within the previous 10 years and under "field
conditions” for at least 1-full season. Three months experience maintaining a helicopter away
from the operator’s Principle Base of Operations, and while under minimal supervision, shall
meet this requirement. Operators may provide an additional A&P mechanic for field
experience training. The additional A&P mechanic is not required and there shall not be
additional cost to DFPC.
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(2) Recurring Maintenance Human Factors Training. Each Mechanic or Apprentice Helicopter
Mechanic shall have recurring Maintenance Human Factors training annually and consist of
either of the following:
(A) Any two FAA courses identified in the matrix below, or Aviation Maintenance
Resource Management or Aviation Maintenance Human Factors training
provided by a third-party vendor or Contractor developed course work with a
syllabus provided to DFPC. The FAA training can be found at the following web
site:
https://www.faasafety.gov/gslac/ALC/course_catalog.aspx?view=AMT
The following online training requirements are required for all maintenance personnel approved under the
contract:
ALC-258 Human Factors Primer for Aviation Mechanics Initial 1.5 Hour
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(3) When DFPC authorized pilots are scheduled to conduct flight operations, the Contractor shall
continue to provide scheduled crew coverage unless specifically released by DFPC.
A-11 CONDUCT AND REPLACEMENT OF PERSONNEL
(a) Performance of Contract services may involve work and/or residence on State, Private and/or
Federal property (i.e., National Forests and National Parks, etc.). Contractor employees shall follow
the rules of conduct established by the manager of such facilities that apply to all State or non-
agency personnel working or residing on such facilities. The Contractor may be required to replace
employees who are found to be in noncompliance with facility rules of conduct.
(b) At DFPC’s discretion, DFPC may require the Contractor to remove any personnel who perform
ineffectively, refuse to cooperate in the fulfillment of the Contract objectives, are unable or
unwilling to adapt to field living conditions, or whose general performance is a safety concern,
unsatisfactory or otherwise disruptive.
(c) DFPC shall notify the Contractor of specifics for the unsatisfactory conduct and/or performance by
the Contractor's personnel. The determination of unacceptability is at the sole discretion of DFPC.
When directed by DFPC, the Contractor shall replace unacceptable personnel.
A-12 SUSPENSION AND REVOCATION OF PERSONNEL
(a) DFPC may suspend a Contractor pilot or mechanic who fails to follow safe operating practices,
performs ineffective work, or conduct is determined to be detrimental to the purpose for which
contracted, or is under suspension or revocation by another government agency.
(b) Upon involvement in an Aircraft Accident or NTSB Reportable Incident (see 49 CFR Part 830), a
pilot operating under this contract shall be suspended from performing pilot duties under this
contract and any other activity authorized pending the investigation outcome.
(c) Upon involvement in an Incident-with-Potential as defined under Mishaps, a pilot operating under
this contract may be suspended from performing pilot duties under this contract and any other
activity authorized pending the incident investigation outcome.
(d) When a pilot/mechanic is suspended, suspension shall continue for up to 90 days or until:
(1) The investigation findings and decision indicate no further suspension is required; or
(2) If revocation action to cancel an interagency pilot/mechanic authorization(s) is taken by
another issuing agency in accordance with their agency procedures.
A-13 SUBSTITUTION OR REPLACEMENT OF PERSONNEL AND EQUIPMENT
(a) After award and approval of the initial contract personnel Contractor may, at the option of DFPC,
propose a substitute or replacement of personnel after receipt of written approval from DFPC.
Requests for substitution shall be made at least 15 (fifteen) days prior to the proposed personnel
change, except for unforeseen conditions.
(b) When pilots are exchanged or replaced, training and familiarization costs, including any required
flight time not to exceed 3 (three) hours, shall be accomplished at the Contractor’s expense. DFPC
shall determine the necessary amount of flight time up to 3 hours. This is not intended to affect
Pilots that are familiar with the operating area or to affect approved SIC pilots.
A-14 FLIGHT HOUR AND DUTY LIMITATIONS
(a) All flight time, regardless of how or where performed, except personal pleasure flying, shall be
reported by each flight crewmember and used to administer flight hour and duty time limitations.
Flight time to and from the Primary Operating Base (POB) as a flight crewmember (commuting)
shall be reported and counted toward limitations if it is flown on a duty day. Flight time includes,
but is not limited to: military flight time; charter; flight instruction; 14 CFR 61.56 flight review;
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flight examinations by FAA designees; any flight time for which a flight crewmember is
compensated; or any other flight time of a commercial nature whether compensated or not.
(b) Various work schedules are acceptable as per Exhibit B (Schedule of Items and Rates). The
complement of contract personnel shall be on the same work schedule however days off may be
staggered. (Examples of work schedules are 12 on and 2 off, 12 on and 12 off)
(c) For each day, duty time shall be computed based on the time zone at the point of dispatch.
(d) Pilots/SIC Pilots
(1) Pilot flight hour computations shall begin at liftoff and end at touchdown and shall be
computed from the flight hour meter installed in the aircraft. All flight hours shall fall within
duty hour limitations.
(2) Flight time shall not exceed a total of 8-hours per day. See #7 below for exceptions.
(3) Applicable when working interagency incidents: Pilots accumulating 36 or more flight hours
in any 6-consecutive duty-days shall be off duty the next day. Flight time shall not exceed a
total of 42-hours in any 6-consecutive days. For the purpose of this clause, after any one full
duty day off, pilots begin a new 6-consecutive day duty-period, provided during any 14-
consecutive day period, each pilot shall have two full days off-duty. Days off need not be
consecutive. Replacement pilot shall be required.
(4) Assigned duty of any kind shall not exceed 14-hours in any 24-hour period. Within any 24-
hour period, pilots shall have a minimum of 10-consecutive hours off duty immediately prior
to the beginning of any duty-day. Local travel up to a maximum of 30-minutes each way
between the work site and place of lodging shall not be considered duty time. When one-way
travel exceeds 30 minutes, the total travel time shall be considered as part of the duty day.
(5) Duty includes flight time, ground duty of any kind, and standby or alert status at any location.
(6) During times of prolonged heavy fire activity, DFPC may issue a notice reducing the Pilot
duty day/flight time and/or increasing off-duty days on a geographical or agency-wide basis.
When a notice is issued, DFPC shall provide a copy of the notice and the procedures for
exemptions which shall include requirement of a replacement pilot and/or mechanic.
(7) Flights point-to-point (airport to airport, heliport to heliport, etc.) with a pilot and SIC co-
pilot (or manager on board) shall be limited to 10-flight hours per day. (A helicopter that
departs “Airport A,” flies reconnaissance on a fire, and then flies to “Airport B,” is not point-
to-point).
(8) DFPC may relieve pilots from duty for fatigue or other causes created by unusually strenuous
or severe duty before reaching duty limitations. A replacement pilot shall be required.
(9) When pilots act as a mechanic, mechanic duties in excess of 2-hours shall apply as flight
hours on a one-to-one basis toward flight hour limitations.
(10) Additional, SIC or substitute pilots reporting for duty under this Contract shall furnish a
record of all duty and all flight hours during the previous 14-days to the helicopter manager
upon arrival.
(e) Mechanics
(1) Within any 24-hour period, personnel shall have a minimum of 8 consecutive hours off duty
immediately prior to the beginning of any duty day. Local travel up to a maximum of 30
minutes each way between the work site and place of lodging shall not be considered duty
time. When away from POB, where one-way travel exceeds 30 minutes, the total travel time
shall be considered as part of the duty day.
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(2) Mechanics shall have a minimum of 2 full calendar days off duty during any 14 day period.
Days need not be consecutive.
(3) Duty includes standby, work, or alert status at any location.
(4) DFPC may remove Mechanics from duty for fatigue or other causes created by unusually
strenuous or severe duty before reaching duty limitations. Replacement mechanic shall be
required.
(5) The mechanic shall be responsible to keep DFPC apprised of their ground duty limitation
status.
(6) When the mechanic serves as the fuel servicing vehicle driver, the more stringent of the duty
limitations apply.
A-15 ACCIDENT PREVENTION AND SAFETY
(a) The Contractor shall furnish DFPC with a copy of all reports required to be submitted to the FAA
in accordance with 14 CFR that relate to pilot and maintenance personnel performance, aircraft
airworthiness or operations when applicable. The Contractor shall submit an FAA Form 8010-4,
Malfunction or Defect Report, or file electronically in the FAA’s Service Difficulty Reporting
(SDR) system any maintenance deficiency identified in 14 CFR Part 21.3(c), 135.415, 135.417 or
as requested by DFPC for what it considers a significant discrepancy if applicable.
(b) Following the occurrence of a mishap, DFPC shall evaluate whether noncompliance or violation of
provisions of the contract, the FAA regulations applicable to the Contractor's operations, company
policy, procedures, practices, programs, and/or negligence on the part of the Contractor’s officers
or employees may have caused or contributed to the mishap.
(c) The Contractor shall develop, maintain and utilize programs necessary to assure safety of ground
and flight operations. The development and maintenance of these programs are a material part of
the performance of the contract. When, in the sole judgment of DFPC, the safety programs do not
adequately promote the safety of operations, DFPC may terminate the contract for cause as provided
in the main body of the Contract when factors indicate a lack of compliance. Examples of such
termination causal factors are (1) personnel activities, (2) maintenance, (3) safety and risk
management, and (4) compliance with regulations.
(d) The Contractor shall fully cooperate with DFPC in the fulfillment of this clause. DFPC may
suspend performance of this contract work, during the evaluation period used to determine cause
as stated above. DFPC shall utilize CVR, FDR, OLMS, etc. data following a mishap for
investigation purposes.
(e) Contractors Stand-Down or Deactivation
(1) The Contractor shall immediately notify the DFPC by telephone, followed up with a written
notification (email or letter) to DFPC, when the Contractor implements a stand-down of their
personnel or when the Contractor recommends deactivation of any or all of the aircraft/fleet
that is operating in compliance with this contract. The Contractor’s verbal and written
notifications shall include, the rationale for the stand-down/deactivation, and the estimated
duration of the stand-down or the deactivation.
(2) The Contractor shall also notify the DFPC by telephone, followed up with a written
notification (email or letter) to DFPC of the planned reactivation date for their personnel. The
Contractor’s verbal and written notifications shall include the rationale/corrective action plan
(if applicable), and the date(s) of the reactivation(s).
(3) Once DFPC has been officially notified of a Contractor stand-down and/or recommended
deactivation, DFPC shall notify the appropriate officials accordingly.
A-16 MISHAPS
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(a) Reporting
(1) While operating under this contract the Contractor must immediately, and by the most
expeditious means available, notify the NTSB AND the DFPC Aviation Unit Chief when an
"Aircraft Accident" or NTSB reportable "Incident" occurs.
(b) Forms Submission
(1) Following an "Aircraft Accident" or when requested by NTSB following notification of a
reportable "Incident”, the Contractor must provide DFPC with information necessary to
complete a NTSB Form 6120.1 “Pilot/Operator Aircraft Accident/Incident Report”.
(2) The Contractor must submit a "SAFECOM" to the DFPC Aviation Unit Chief within 24
hours, the “SAFECOM” is a confidential safety reporting and feedback system for accident
prevention. It is a tool used to encourage the reporting of any condition, observance, act,
maintenance problem, or circumstance that has the potential to cause an aviation or aviation-
related mishap. Data obtained from the system is monitored to identify emerging hazards,
share critical safety information, document and track safety issues and identify training needs.
It is also used for reporting positive safety actions and mishap prevention measures.
(3) The SAFECOM system is not intended for initiating punitive or disciplinary actions and is
not to be used for claims or contract evaluation /determination purposes. The goal of the
SAFECOM system is to create a reporting culture that encourages open and honest reporting
that improves the safety of aviation operations. SAFECOMs shall be utilized in tailgate safety
sessions, after action reviews, and briefings only after they have been properly managed
through the system.
(5) SAFECOM managers at all levels are responsible for protecting personal data and sanitizing
SAFECOMs prior to any distribution and/or posting to the public. The SAFECOM system
contains Personal Identifiable Information (PII) which is subject to the Privacy Act of 1974,
5 U.S.C. § 552a that must be protected and safeguarded. In the event of an accident, NTSB
law 49 CFR 831.11 & 831.13 which respectively specify certain criteria for participation in
NTSB investigations and limitations on the dissemination of investigation information shall
apply.
(6) A SAFECOM does not replace the requirement for initiating a mishap report. Mishaps shall
be reported immediately by the most expeditious means available in accordance with the
agency Mishap Response Plan.
(7) In order for a SAFECOM to be effective as an accident prevention tool, they shall be reported
as soon as possible to the agency with operational control of the aircraft at the time of the
event. SAFECOMs can be submitted online at www.safecom.gov or via phone at 888-464-
7427. Copies of the OAS-34/FS-5700-14 form shall be emailed to the DFPC Unit Aviation
Chief. For other agencies; OAS at 208-433-5007; USFS at 208-387-5735 or submitted
through the Unit/Forest Aviation Officer when working on interagency incidents.
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property exists; the aircraft is blocking an airport runway, etc. DFPC shall be immediately
notified when such actions take place.
(2) The NTSB's release of the wreckage does not constitute a release by DFPC, who shall
maintain control of the wreckage and related equipment until all investigations are complete.
(d) Investigation
(1) The Contractor shall maintain an accurate record of all aircraft accidents, incidents, aviation
hazards and injuries to Contractor or agency personnel arising in the course of performance
under this Contract. Further, the Contractor fully agrees to cooperate with DFPC during an
investigation and make available personnel, personnel records, aircraft records, and any
equipment, damaged or undamaged, deemed necessary by the DFPC. Following a mishap,
the Contractor shall ensure that personnel (Pilot, mechanics, etc.) associated with the aircraft
shall remain in the vicinity of the mishap until released by the DFPC.
(e) Related Costs
(1) The NTSB or DFPC shall determine their individual investigation cost responsibility. The
Contractor shall be fully responsible for any cost associated with the reassembly, approval
for return-to-service, and return transportation of any items disassembled by DFPC or
investigative authorities if determined to be a Contractor related mishap.
(f) Search, Rescue, and Salvage
(1) The cost of search, rescue and salvage operations made necessary due to causes other than
negligent acts of DFPC employees shall be the responsibility of the Contractor if determined
to be a Contractor related mishap.
(1) Helmets
(i) Contractor personnel shall wear a flight helmet consisting of a one-piece hard shell
made of polycarbonate, Kevlar, carbon fiber, or fiberglass that must cover the top, sides
(including the temple area and to below the ears), and the rear of the head. The helmet
shall be equipped with a chinstrap and shall be appropriately adjusted for proper fit.
The helmet shall be worn with the chinstrap fastened.
(ii) Flight helmets currently approved for helicopters are the: SPH-5, HGU-84P, SPH-4B,
the HGU-56P manufactured by Gentex, the Alpha 200, Alpha 400 and Alpha Eagle
(900) manufactured by Interactive Safety Products and the MSA Gallet LH050 (single
inner visor), LH150 (single outer visor) and the LH250 (dual visor-one inner and one
outer).
(iii) Helmets designed for use in fixed wing aircraft do not provide adequate protection for
helicopter occupants and are not approved for helicopter use.
(iv) The helmet must be NVG compatible.
(2) Clothing
(i) Contractor pilots shall be provided DFPC-supplied Nomex uniform flight suits at the
expense of DFPC. The uniform flight suits shall be returned to DFPC upon termination
of this contract, employee reassignment or termination.
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(A) Authorized and provided DFPC uniforms shall not be worn outside of, or for any
other purpose, than official duty with DFPC unless expressly authorized by
DFPC.
a. All Contract Pilots shall be expected to conform to appropriate
DFPC uniform standards while representing DFPC.
b. All Contract Maintenance personnel shall be expected to comply
with their respective Company Uniform Policy, maintain a
professional appearance and represent DFPC.
(b) Ground Operations
(1) While within the safety circle of a helicopter with engine(s) running and/or rotor(s) turning,
all Contractor personnel shall wear the following PPE:
(i) Shirt with long-sleeves overlapping gloves, long-pants, hardhat/flight helmet with
chinstrap, boots, hearing and eye protection.
(ii) Maintenance personnel (mechanics only) working on engine(s) running and/or rotor(s)
turning on aircraft are exempt from gloves, eye protection (eye protection may be worn
at the option of maintenance personnel or company policy), long sleeves, and hardhat
requirements.
(c) Personal Flotation Devices
(1) DFPC shall provide Personal Flotation Devices to Contract Pilots for the purposes of DFPC
operations. The provided flotation devices shall not be used outside of official DFPC
business.
(i) A personal flotation device (PFD), worn around the neck and over the shoulders only,
shall be worn by each individual on board the helicopter when conducting operations
beyond power-off gliding distance to shore, and during all bucketed or tanked
firefighting operations. Acceptable personal flotation device types are; worn around
the neck and over the shoulders, must be CO2 cartridge deployable, and have a manual
inflation valve installed. Personal flotation devices shall be serviced annually for
damage, operation, and condition.
A-18 INSPECTION AND ACCEPTANCE
(a) State Owned Aircraft Initial Acceptance
(1) The Contractor shall be required to perform aircraft pre-acceptance inspections at the time of
delivery from United Rotorcraft (UR) by qualified A&P mechanics prior to DFPC receiving
and accepting the state procured S-70 Firehawk®(s). In addition to a physical inspection of
the aircraft and related systems, the Contractor shall ensure all documentation to include
service records, service bulletins and airworthiness directives are correctly applied and
documented. Any outstanding maintenance or documentation shall be corrected by UR prior
to the state acceptance of any aircraft unless expressly authorized, in writing, by DFPC.
(b) Pre-Use Inspection of Contractor Equipment and Personnel
Inspections may be scheduled by mutual agreement between the DFPC and the Contractor. The
inspection shall take place at the DFPC primary operating base or other location as approved
by DFPC.
The helicopter pilots, SIC’s and mechanic’s shall be made available for inspection as scheduled by
the DFPC.
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At the scheduled inspection, the Contractor shall provide a complete listing of all FAA ADs and
Manufacturer’s Mandatory Service Bulletins (MSBs) applicable to the make, model, and
series of the aircraft. Documentation of compliance to each AD and MSB shall include date
and method of compliance, date of recurring compliance, and an authorized signature and
certificate number. The list shall be similar to that shown in AC 43-9c, as amended.
All components or items installed in the aircraft, if applicable, that are subject to specified time
basis or schedule (time/calendar life) for inspection, overhaul, or replacement shall be listed
and made available to DFPC at time of inspection. The list shall include component name,
serial number, service life or inspection/overhaul time, total time since major inspection,
overhaul, or replacement and hours/cycles calendar time remaining before required
inspection, overhaul, or replacement. The list shall be similar to that shown in AC 43-9c, as
amended.
The Contractor may be required to furnish a copy of the procedures manual and revisions as
required by 14 CFR 135 (if applicable).
Contractor shall ensure all documentation submitted for pilot approvals has been verified for
accuracy and completeness. Pilot evaluations or approvals shall not be administered/issued
until all required documentation is complete. The documentation referenced in A-10 (c)(5)
shall be submitted annually for each pilot needing Cooperator approval (note: DFPC may
require additional information and documentation).
The items described below shall be current and made available at the beginning of the Contract and
any subsequent option years:
i. Certificates
ii. Copy of 14 CFR 133
iii. Copy of 14 CFR 135 (if applicable)
iv. Copy of 14 CFR 137
v. Complete copy of awarded Contract, including modifications
vi. Safety Management System (SMS) Manual in its entirety
Pilots
vii. Completed “Pilots qualifications and Approval Record” (USFS Form FS-5700-20a Or
OAS Form 64B).
viii. Completed “Flight Hour Requirements & Experience Verification” form. (See
Attachment 8).
ix. Signed and dated signature page from the “Operations and Safety Procedures Guide for
Helicopter Pilots”.
x. Copy of FAA Pilot Certificate. (Both front and back may be needed to obtain all of the
required information.)
xi. Copy of current Medical Certificate.
xii. Either:
1. Copy of current FAR 135 Airman Competency / Proficiency Check (FAA form
8410-3) for each standard category make and model helicopter the pilot seeks
approval in. (Required if operating aircraft listed on the operators 135
Certificate), OR
2. Copy of current Flight Review (required if pilot does not have a valid FAA Flight
Review within the last 24 months), AND
3. Copy of current (within the last 12 calendar months) Equipment Check
Endorsement (or comparable document (E.G.CFR 14, part 61.58 Pilot
Proficiency Check)) for each Limited make and model helicopter the pilot seeks
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approval in. (Required if operating aircraft not listed on the operator’s 135
Certificate).
xiii. Copy of FAR 133 endorsement.
xiv. Copy of FAR 137 endorsement.
xv. Completed Load Calculation form for each helicopter make and model in which the
pilot is seeking approval. Included with the Load Calculation shall be notations
indicating what chart(s) are used (i.e. page and illustration or chart number).
xvi. Copy of the front and back of the pilots most recently issued Interagency Helicopter
Qualification Card. (If the card cannot be produced it shall be necessary to demonstrate
proficiency for all Special Use operations required for Cooperator Approval).
xvii. Completed “Pilots Qualifications and Approval Record”. (USFS Form FS-5700-20a or
OAS Form 64B).
xviii. Prior to DFPC receiving a Cooperator Approval Letter, all helicopter pilots are required
to complete the on-line training modules for helicopter fire operations at least every 36
months. These modules are listed on the Interagency Aviation Training (IAT) website
at https://www.iat.gov/ and include Helicopter Pilot Training – Firefighting (Modules
H-1, 2, & 3) and Aviation Transport of Hazardous Materials (A-110). Pilots must sign
up, create a profile and after completion of the modules print a copy of the certificates.
A copy of the certificate must be presented to the DFPC Chief Pilot and/or Helicopter
Inspector Pilot.
xix. Equipment Check Endorsement
An Equipment Check Endorsement shall include, at a minimum, documentation of
the following training;
Equipment
xx. Appropriate equipment installed, or available to be installed, on the aircraft for the
flight evaluation; i.e. dual controls, communications and navigation equipment and
buckets
xxi. Longline(s) of at least 150 feet and a suitable weight
xxii. Aircraft maintenance records
Mechanic(s)
xxiii. A&P Mechanic
xxiv. Completed A&P Qualifications and Approval Record Form with applicable qualifying
mechanic’s records.
A-19 PRE-USE INSPECTION EXPENSES
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(a) All operating expenses with the exception of flying hour costs incidental to the inspection shall be
borne by DFPC.
(b) Pilot evaluation flights may require up to 2-hours of flight time for each pilot as deemed
necessary by DFPC. Evaluations shall be conducted in the state owned S-70.
(c) The Contractor shall not be charged for the costs on the initial pre-use inspection.
A-20 RE-INSPECTION EXPENSES
(a) When re-inspection is necessary because Contractor equipment and/or personnel did not satisfy the
initial inspection, or when inspecting substitute personnel and/or equipment subsequent to the initial
pre-use inspection, the Contractor may be charged the actual costs incurred by the agency in
performing the re-inspection.
A-21 INSPECTIONS DURING USE
(a) At any time during the Contract period DFPC may require, but is not limited to inspections,
weighing, or tests as deemed necessary to determine that the Contractor's equipment and/or
personnel currently meet specifications. DFPC costs incurred during these inspections shall not be
charged to the Contractor.
(b) Should the inspection reveal deficiencies that require corrective action as determined by the
Aviation Unit Chief and subsequent re-inspection, the actual costs incurred by DFPC may be
charged to the Contractor.
(c) When the helicopter becomes unavailable due to mechanical breakdown, DFPC reserves the right
to inspect the aircraft after the Contractor’s mechanic has approved the aircraft for return to service.
For items covered under 14 CFR 135.415, the Contractor shall furnish the DFPC with a completed
copy of FAA Form 8010-4, Malfunction or Defect Report, or a Helicopter Association International
(HAI) Maintenance Malfunction/Information Reporting Form 9 (as applicable)..
A-23 DAILY AVAILABILITY REQUIREMENTS
(a) Equipment. The helicopter and related equipment shall be available 14 hours per day and shall
not be removed from the POB or assigned work location without the approval of DFPC.
(1) Inclement weather conditions: The Pilot in Command (PIC) is the final authority for the safety
and security of the helicopter. When inclement weather may be a concern, both Pilot and
Helicopter Manager must develop a contingency plan to identify potential relocation
destination(s) that shall afford the best protection for the helicopter. Once agreed upon by
both manager and pilot, the request to re-position or release the helicopter must be approved
by aviation management staff (example: FAO, AOBD, UAO, UAM or DFPC Aviation Unit
Chief).
(b) Personnel. Unless DFPC personnel are scheduled for operation, contract personnel shall be in one
of the following categories of availability:
(1) Standby: Personnel shall be on standby status each day. The beginning of the Standby period
shall be set by DFPC and may be adjusted from day-to-day. Once Standby begins, the
standby period shall continue for 9 consecutive hours regardless of the payment status of the
helicopter. During the Standby period, with the exception of the first 45 minute period to
accommodate preflight, the personnel/helicopter shall be able to respond to a dispatch within
15-minutes unless an alternate response time is established by DFPC.
(2) Extended Standby: (that period over 9 hours per day per authorized crew member) is not
intended to compensate the Contractor on a one-to-one basis for all hours necessary to service
and maintain the helicopter, nor is it paid while the crew is traveling to and from place of
lodging. Extended standby must be specifically ORDERED and documented on the Flight
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Use Invoice by DFPC and only in unusual circumstances shall DFPC compensate the
Contractor for extended standby when the helicopter is not also available for immediate
dispatch. Extended Standby is not applicable to double flight crews. Extended Standby
applies only to the compensable personnel provided for the helicopter.
(3) Authorized Break: During the standby period, requirements may be modified by DFPC to
allow Contractor's personnel time off away from the assigned work location or to conduct
routine maintenance. No deduction of daily Contractor costs shall be made for such
authorized breaks except when Contractor personnel fail to return to Standby upon request.
The Contractor shall provide DFPC with information on how to contact Contractor personnel.
Personnel shall be allowed 1-hour to return to standby status after the contact attempt is made.
Failure to return to work within 1-hour shall result in loss of Contractor payments.
(4) Release-from-Duty: The Contractor’s personnel may be released and be considered off duty
prior to completion of their individual crew duty limitation period. Once released, the
Contractor personnel are not required to return to Standby status the same day. Service shall
be recorded as fully available provided DFPC has approved release of the Contractor’s
personnel in advance.
(5) Call Back: After completion of the daily standby period, the Contractor may be requested, at
the discretion of DFPC, to return to duty to conduct fire suppression or Search and Rescue
operations. The call back period begins after the daily Standby period but shall not extend
beyond the crew allowed duty day. If a crew is required to return to duty after the daily
standby period, the following day report time shall be adjusted accordingly.
A-24 UNAVAILABILITY
(a) The aircraft shall be considered to be “Unavailable” whenever equipment or personnel are unable
to perform or fail to perform the requirements of this Contract. Also the aircraft shall be considered
unavailable when the pilot or mechanic cannot perform because of duty limitations unless a
replacement crew is provided. If the aircraft is unavailable, this does not mean the Contractor shall
be assessed unavailability; however, if the Contractor personnel are not available, not actively
working towards repair and/or DFPC determines that the repair duration is unreasonable,
unavailability shall be assessed to the Contractor.
(b) Unavailability however, shall not be assessed when pilot(s) has reached flight and/or duty
limitations while performing under this Contract when the conditions in A-14 Flight and Duty
Limitations occur unless replacement flight crew and or mechanic is not provided - if requested.
(c) DFPC may exercise its right to terminate for cause if there is unavailability in excess of three (3)
full, consecutive calendar days or occurrence of unavailability during ten (10) percent of the total
days in the Availability Period (10% of accumulated 365 days within the contract period).
(d) Unavailability status shall continue until the deficiency is corrected. It is the Contractor's
responsibility to inform DFPC whenever the equipment or personnel become available. Inspection
by the Agency after a performance failure has occurred shall be made as promptly as possible after
the Contractor has given notice that the deficiency has been corrected. When Inspection reveals
that the failure has been corrected, the Contractor shall be considered in “Available” status from
the time the Contractor gives notice to the DFPC that the deficiency has been corrected. DFPC
retains the right to require aircraft and personnel review and/or check flights at Contractor’s
expense.
(e) Periods of Aircraft Unavailability shall be accumulated for the day, rounded to the nearest half hour,
and posted on the Flight Use Invoice as actual clock unavailability.
Section B Payment
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Exhibit A Page 37 of 65
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(1) Payment of necessary and reasonable transportation costs to and from the location of the
aircraft when away from POB is authorized. Itemized receipts shall support claims for
reimbursement and shall be provided to DFPC with all requests for reimbursement.
Exhibit A Page 38 of 65
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(a) Claims for Additional Pay Items addressed herein and in Exhibit B Schedule of Items and Rates
must be documented on the invoice for payment and supported by invoice(s) and/or document(s),
as required below. The DFPC shall not pay claims submitted with incomplete or missing
supporting documentation.
(b) Miscellaneous Contractor Costs. Miscellaneous unforeseeable costs that cannot be recovered
through the contract payment rates and that are the direct result of ordered services away from the
POB may be paid at actual costs, when authorized in advance by the COR. Examples of such
items are airport use costs (tie-downs, landing fees), truck permits at ports-of-entry, and ATU’s.
The Contractor must support any cost exceeding $75.00 with an itemized, paid invoice.
(c) Receipts from miscellaneous costs must be submitted to the DFPC Aircraft Manager or COR
within the billing cycle for which they occur.
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Section C ATTACHMENTS
Each kit shall be in a dust-proof and moisture-proof container. The kit shall be on board the aircraft
and accessible to the occupants. The contents shall include the following minimum items:
Passenger Seats Passenger Seats
Item Description (0 – 9) (10 – 50)
Adhesive bandage strips (3 inches long) 8 16
Antiseptic or alcohol wipes (packets) 10 20
Bandage compresses, (4-inch) 2 4
Triangular bandage compresses, 40 inch (sling) 2 4
Roller bandage, 4 inch x 5 yards (gauze) 2 4
Adhesive tape, 1 inch x 5 yards (standard roll) 1 2
Bandage scissors 1 1
Body Fluids Barrier Kit: 1 1
▪ 2-pair of latex gloves
▪ 1-face shield
▪ 1-mouth-to-mouth barrier
▪ 1-protective gown
▪ 2-antiseptic towelettes
▪ 1-biohazard disposal bag
The kit’s contents which have expiration dates shall not be acceptable if past their expiration dates.
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The kit’s contents which have expiration dates shall not be acceptable if past their expiration dates.
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The following provisions shall apply when operating in Alaska. All other provisions not expressly changed
herein continue to apply.
NOTE: Contractors from the lower 48 dispatched to Alaska need to have insurance coverage for
Alaska, in addition to having Operations Specifications that permit Alaska operations.
(1) One set of approved Tundra Boards or Snow Pads with accompanying FAA certification.
(2) Complete set of current aeronautical charts and navigation publications covering areas of
operation within Alaska and Canada.
All aircraft shall carry survival equipment. Survival kits shall contain at least the following items and
additional items required by local regulation as is appropriate for local climate and terrain conditions. The
minimum equipment to be carried during the summer months:
Item Item
Matches (2-small boxes in waterproof containers) Nylon Rope or Parachute Cord (50-feet)
Food (Each occupant sufficient to sustain life for 1-week @ An assortment of fishing tackle such as
minimum of 1,000 calories per day) hooks, flies, lines, sinkers, etc.
Personal Locator Beacon (PLB) (Note: required only if Aircraft ELT requires tools to be removed)
In addition to the above, the following shall be carried as minimum equipment from October15 to
April 1 of each year:
Item Item
Wool blanket or equivalent for each occupant over 4-years of age (1)
Note: A hand-held 760 channel VHF transceiver radio is recommended. It shall be attached, or
immediately accessible, to a crewmember rather than placed in the aircraft survival kit.
Exhibit A Page 42 of 65
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Exhibit A Page 43 of 65
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The Applicant has demonstrated VTR proficiency with a 150’ long-line by:
(1) Attachmenting knowledge of the elements of vertical reference / external load operations.
(2) Performing a thorough preflight briefing of ground personnel to include hookup procedures,
signals, and pilot and ground personnel actions in the event of an emergency or hook
malfunction.
(3) Visually determining that the cargo hook(s) and cables are installed properly and that
electrical and manual releases are functioning properly.
(4) Ascending vertically using vertical reference techniques while centered over the load until
the load clears the ground, then maintain a stable hover with a load 10 feet (+ - 5-feet) above
the ground for 30 seconds. (The applicant shall ensure that the long-line does not become
tangled on external parts of the helicopter).
(5) Controlling the hook movement and stopping load oscillations while in a hover.
(6) Maintaining positive control of the load throughout the flight while maintaining specified
altitude within 50 feet, airspeed within 10 knots, and heading within 10 degrees.
(7) Maintaining the proper approach angle and rate of closure to establish an out-of-ground effect
hover with the load 10 feet above the ground (+ -5 feet) for 30 seconds and then placing the
load within a 10-foot radius of the specified release/touchdown point.
(8) Maintaining the proper approach angle and rate of closure to establish an out-of-ground effect
hover within a confined area with the load 10 feet above the ground (+ - 5 feet) for 30 seconds
and then placing the load within a 10-foot radius of the specified release/touchdown point.
National Interagency Helicopter Standards require that Contractor’s develop a Vertical Reference training
syllabus for pilots who fly helicopters with a fixed tank and snorkel and that contract pilots receive initial
and recurrent training before applying for agency Special Use approval. Each contract pilot shall have a
Exhibit A Page 44 of 65
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current proficiency endorsement from the company’s chief pilot in order to qualify for a Flight Evaluation
Check by an Interagency Helicopter Inspector Pilot.
Exhibit A Page 45 of 65
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Make Model
Agusta A-119
Agusta AW-139
Enstrom 28 Series
Exhibit A Page 46 of 65
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Schweitzer 330
Exhibit A Page 47 of 65
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Instructions
A load calculation must be completed daily. A new calculation is required when operating conditions change (±
1000’ in elevation or ± 5oC in temperature) or when the Helicopter Operating Weight changes (such as changes
to the Equipped Weight, changes in flight crew weight or a change in fuel load).
All blocks must be completed. Pilot must complete all header information and Items 1-13. Helicopter Manager
completes Items 14 & 15.
1. DEPARTURE – Name of departure location and current Pressure Altitude (PA, read altimeter when set
to 29.92) and Outside Air Temperature (OAT, in Celsius) at departure location.
2. DESTINATION – Name of destination location and PA & OAT at destination. If destination conditions
are unknown, use MSL elevation from a map and Standard Lapse Rate of 2o C/1000’ to estimate OAT.
Check the box in Line 1 (Departure) or Line 2 (Destination) to indicate the most restrictive values used to
obtain Computed Gross Weight in Line 7b.
3. HELICOPTER EQUIPPED WEIGHT – Equipped Weight equals the Empty Weight (as listed in the Weight
and Balance Data) plus the weight of lubricants and onboard equipment required by contract (i.e. survival
kit, rappel bracket).
4. FLIGHT CREW WEIGHT – Weight of the Pilot and any other assigned flight crewmembers on board
(i.e. Co-pilot, flight engineer, navigator) plus the weight of their personal gear to include PFD’s.
5. FUEL WEIGHT – Number of gallons onboard X the weight per gallon (Jet Fuel = 7.0 lbs/gal; AvGas =
6.0 lbs/gal)
7a. PERFORMANCE REFERENCES – List the specific Flight Manual supplement and hover performance
charts used to derive Computed Gross Weight for Line 7b. Separate charts may be required to derive
HIGE, HOGE and HOGE-J. HIGE: use Hover-In-Ground-Effect, External/Cargo Hook Chart (if
available). HOGE & HOGE-J: use Hover-Out-Ground-Effect charts for all HOGE operations.
7b. COMPUTED GROSS WEIGHT - Compute gross weights for HIGE, HOGE and HOGE-J from appropriate
Flight Manual hover performance charts using the Pressure Altitude (PA) and temperature (OAT) from the
most restrictive location, either Departure or Destination. Check the box in Line 1 (Departure) or Line 2
(Destination) to indicate which values were used to obtain Computed Gross Weight.
8. WEIGHT REDUCTION – The Government Weight Reduction is required for all “non-jettisonable” loads.
The Weight Reduction is optional (mutual agreement between Pilot and Helicopter Manager) when carrying
jettisonable loads (HOGE-J) where the pilot has total jettison control. The appropriate Weight Reduction
value, for make & model, can be found in the current helicopter procurement document (contract).
10. GROSS WEIGHT LIMITATION – Enter applicable gross weight limit from Limitations section of the
basic Flight Manual or the appropriate Flight Manual Supplement. This may be Maximum Gross Weight
Limit for Take-Off and Landing, a Weight/Altitude/Temperature (WAT) limitation or a Maximum Gross
Exhibit A Page 48 of 65
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Weight Limit for External Load (jettisonable). Limitations may vary for HIGE, HOGE and HOGE-J.
Refer to Tech Bulletin No. 2011-03, dated September 14, 2011. Bulletins can be found at:
http://www.fs.fed.us/fire/av_safety/promotion/Technical_Bulletins/index.html
11. SELECTED WEIGHT – The lowest weight, either line 9 or 10, shall be entered for all loads. Applicable
limitations in the Flight Manual must not be exceeded.
13. ALLOWABLE PAYLOAD – Line 11 minus Line 12 is the maximum allowable weight (passengers and/or
cargo) that can be carried for the mission. Allowable Payload may differ for HIGE, HOGE and HOGE-J.
14. PASSENGERS AND/OR CARGO – Enter passenger names and weights and/or type and weights of cargo
to be transported. Include mission accessories, tools, gear, baggage, etc. A separate manifest may be used.
15. ACTUAL PAYLOAD – Total of all weights listed in Item 14. Actual payload must not exceed Allowable
Payload for the intended mission profile, i.e. HIGE, HOGE or HOGE-J.
Both Pilot and Helicopter Manager must review and sign the form. Check if HazMat is being transported.
Manager must inform the pilot of the type, quantity and location of HazMat onboard.
Exhibit A Page 49 of 65
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PILOT(S) DATE
MISSION TIME
1 DEPARTURE PA OAT
2 DESTINATION PA OAT
3 HELICOPTER EQUIPPED
6 OPERATING WEIGHT (3 + 4 + 5)
Non-Jettisonable Jettisonable
HIGE HOGE HOGE-J
7a PERFORMANCE REF
(List page/chart from FM)
7b COMP GROSS WT
(Req for all Non-Jettisonable)
8 WT REDUCTION
(Req for all Non-Jettisonable)
9 ADJUSTED WEIGHT
(7b minus 8)
10 GROSS WT LIMIT
(FM Limitations Section)
11 SELECTED WEIGHT
(Lowest of 9 or 10)
12 OPERATING WEIGHT
((From Line 6)
13 ALLOWABLE PAYLOAD
(11 minus 12)
14 PASSENGERS/CARGO MANIFEST
Exhibit A Page 50 of 65
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ADDRESS CONTRACTOR
Exhibit A Page 51 of 65
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INSTRUCTIONS: This form can be completed on the computer or printed and completed by hand. Use the mouse to navigate. To
check or uncheck a box, 'double click' the box. If further direction is required on how to complete this evaluation or where to submit
it, please contact your Contracting Officer. Comment boxes are formatted to automatically wrap the entered text. Check the box that
best describes the level in which the Contractor supported the area described. Comments are essential and must substantiate your rating
selection. N/A = not applicable. If additional space is required, use page 2 of the form or attach additional page(s).
1. Quality of Service. Contractor was professional and conformed to contract requirements. Was capable, efficient and
effective in supporting the programs of this contract. Provided well maintained equipment and highly qualified personnel.
COMMENTS:
COMMENTS:
3. Business Relations. Contractor was cooperative and customer oriented, provided sufficient field support, satisfactorily
addressed any issues or concerns, and identified corrective action as necessary.
☐ N/A ☐ Exceptional ☐ Very Good ☐ Satisfactory ☐ Marginal ☐ Unsatisfactory
COMMENTS:
4. Management of Key Personnel. Contractor and on-site representatives were professional, well qualified, and committed to
customer satisfaction and safety of operations. Contractor provided necessary support for key personnel and if applicable, took
necessary action to correct or replace any personnel.
☐ N/A ☐ Exceptional ☐ Very Good ☐ Satisfactory ☐ Marginal ☐ Unsatisfactory
COMMENTS:
5. Other - Safety. Contractor and on-site representatives attitude and efforts, as well as actual application, towards aircraft
safety and general safety of operations.
☐ N/A ☐ Exceptional ☐ Very Good ☐ Satisfactory ☐ Marginal ☐ Unsatisfactory
COMMENTS:
6. Customer Satisfaction. Identify to what level you were satisfied with the services provided under this contract. If given the
opportunity, would you hire this Contractor again to accomplish a similar project?
☐ N/A ☐ Exceptional ☐ Very Good ☐ Satisfactory ☐ Marginal ☐ Unsatisfactory
COMMENTS:
Exhibit A Page 52 of 65
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Additional comments to support your response to any item above or other items (include additional page if needed)
Exhibit A Page 53 of 65
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The Contractor must ensure that a pilot who is presented for initial carding meets all requirements as outlined in the contract’s Section B, Technical
Specifications/Pilot Qualifications, after award. The Contractor must verify all pilot hours submitted on this form as determined from a certified pilot
Exhibit A Page 54 of 65
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log or permanent record to ensure accuracy. In addition, the Contractor must identify previous employers and submit the information on this form. The
information provided by the pilot on USFS Form FS-5700-20A 0r OAS Form 64B, Interagency Helicopter Pilot Qualifications and Approval Record,
prior to approval needs to be verified as accurate by the Contractor. The information submitted is subject to verification by an interagency pilot
inspector.
Date(mm/dd/yyyy):
Company’s name:
Pilot’s name:
Pilot’s total helicopter pilot-in-command hours (verified from pilot’s logbook or permanent record):
Pilot’s information and flight time/experience as submitted for initial carding on OAS-64B or FS-5700-20a verified as
accurate? Check if yes: □
Previous Employers:
Make/Model(s)
Address & Telephone Current Contact: Period
Previous Employer Flown and PIC
Number Name & Telephone No. Employed
Hours in each
1.
2.
3.
4.
2.
3.
4.
Exhibit A Page 55 of 65
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Contract No.
Exhibit A Page 56 of 65
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* "Field Condition" is defined as maintaining the helicopter away from the Contractor's base of operation with minimal supervision.
I certify that the information listed by me on this form is true and correct summary of my aircraft maintenance
experience. I have read the Maintenance Section of this contract and understand the terms and conditions.
Mechanic meets the Experience Requirements of the Contract and is approved to perform
maintenance on:
Exhibit A Page 57 of 65
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Page A/C Make, Model, Series Registration Number Serial Number ON 'C' ON 'C'
In A/C In A/C
1 of 1 Sikorski S-70M N12345 123456 Chart Chart
Location and Description of Item Weight Arm Moment Lat. Arm Lat. Moment
Fuselage:
Ballast 25.3 + 8.5 215.1 + 3.4 86 X
Battery 52.5 + 8.5 446.3 X
Wire Strike kit upper and lower O
Pulse light kit X
Strobe X
Cargo Hook X
Cabin:
Instruments
Radios X
Automated Flight Following X
Seats
Hoist X
Martin Baker Seats X
Equipment Rack X
Engine Deck: X
Rotor brake X
701D Engine X
Main Rotor assy
Tail: X
Tail Rotor Assy. X
Strobe Light X
External Mounted Camera System X
Removable Equipment:
Fill Pump C
Rappel Kit C
Survival Kit C
First Aid Kit X
Fire Tank 395.2 + 125 49400 C
X: Item was on the aircraft at the time aircraft was weighed or is included in the basic weight
O: Item was off the aircraft at the time aircraft was weighed or is not included in the basic weight.
C: Item is on Form C when installed.
Date
Form A : List of approved equipment (EXAMPLE)
Date Weighed Weighed
Exhibit A Page 58 of 65
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X: Item was on the aircraft at the time aircraft was weighed or is included in the basic weight
O: Item was off the aircraft at the time aircraft was weighed or is not included in the basic weight.
C: Item is on Form C when installed.
Exhibit A Page 59 of 65
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Registration
Make, Model, Series Number Serial Number Page Number
Exhibit A Page 60 of 65
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Scale Readings
Scale Reading Tare Net Weight Long. Arm Moment Lat. Arm Moment
Left Front or Nose 1478 0 1478 + 61.69 91177.8 - 30 44340
Right Front 1116 0 1116 + 61.69 68846.1 + 30 33480
Left Aft or Tail 1215 0 1215 + 211.58 257069.7 - 30 36450
Right Aft 1974 0 1974 + 211.58 417658.9 + 30 59220
Basic Weight Total 5783 144.46 834752.5 2.06 11910
Items Weighed not part of Basic Weight Items not Weighed but part of Basic Weight
Item Weight Arm Moment Item Weight Arm Moment
Useable fuel (if full) 1457.5 + 150.4 219208 Unusable fuel (if drained) 16.5 + 144 3276
Exhibit A Page 61 of 65
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Scale Readings
Net
Scale Reading Tare Weight Long. Arm Moment Lat. Arm Moment
Left Front or Nose
Right Front
Left Aft or Tail
Right Aft
Basic Weight Total
Items Weighed not part of Basic Weight Items not Weighed but part of Basic Weight
Item Weight Arm Moment Item Weight Arm Moment
Exhibit A Page 62 of 65
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▪ Avoid using bodies of water with known aquatic invasive species infestations.
▪ Avoid dipping or scooping water from multiple water sources within the same operational period to
minimize cross-contamination of water sources.
▪ Use deeper (blue) water whenever possible. Avoid areas that shall intake mud or plants.
▪ Switch out a contaminated bucket with a clean bucket before moving to a new water source, whenever
possible.
▪ Avoid transferring water between drainages or between unconnected waters within the same drainage. Do
not dump water directly from one stream or lake into another.
▪ When contamination is suspected or contact with untreated water has occurred, clean and sanitize
accessible, exposed surfaces with hot (> 140°F) water for 5-10 sec before moving to new, unconnected
water sources or new incidents.
▪ Clean and sanitize accessible, exposed surfaces with hot (> 140°F) water for 5 – 10 sec as part of scheduled
maintenance when possible.
▪ When hot (> 140°F) water is not available or practical, use municipal treated water to flush invasive
species from the system.
Drying equipment in the sun when quick fire suppression turnaround is not required is also an alternative.
Thorough drying alone is an easy and effective sanitizing method, but required drying times vary considerably
with the type equipment, e.g., metal, rubber, fabric and may not be practical for a quick turnaround. Drying may
be doable, however, after the incident, especially in hot weather.
Exhibit A Page 63 of 65
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This attachment serves as notice that you shall be conducting public aircraft operations (PAO) while under contract
to DFPC. Flights ordered and conducted under this contract may be considered public aircraft operations.
After contract award, the Contractor/company is responsible for providing the following information to the federal
aviation administration flight standards district office that your 133, 135 and/or 137 certificates are issued by. In
addition, a copy of this document is required to be carried in each aircraft listed below.
Date PAO Declaration Expires: This date shall be the final day of the contract period of performance – including
the base period of the contract plus all possible option years.
Public Aircraft Operations are being conducted under contract by: Colorado Department of Public Safety,
Division of Fire Prevention & Control (DFPC) 690 Kipling St. Suite 2000, Lakewood CO. 80215
Agency Official Making PAO Flight Determinations: Vince Welbaum, DFPC Unit Aviation Chief,
vince.welbaum@state.co.us, (303) 445-4362
Please contact Vince Welbaum with comments or questions regarding the PAO declaration.
Exhibit A Page 64 of 65
DocuSign Envelope ID: 5001598C-78CF-4D8D-8569-654C42D5F695
(c) Seat must be an FAA approved seat with an approved restraint system.
(d) A minimum of 24 hours’ notice must be given to the Helicopter Manager. The Helicopter Manager
shall have the final approval authority.
(e) The only authorized personnel to conduct evaluations are; Chief Pilots, Chief flight instructors,
Company Safety managers. If they have access to flight controls they are restricted from flying the
aircraft unless they are approved by DFPC. Companies shall submit the names of the personnel that
are in these positions to DFPC for approval.
(f) Evaluation programs must be addressed in the company’s SMS or operations specs and include
procedures for addressing summary of findings/mitigations.
(g) Relief pilot safety orientation flight is authorized provided the flight is an operational mission, is
limited to 1 (one) fuel cycle and shall be counted as a duty day.
Exhibit A Page 65 of 65
DocuSign Envelope ID: 5001598C-78CF-4D8D-8569-654C42D5F695
FUEL SERVICING
COVERAGE PILOT and MECHANIC
VEHICLE DRIVER
● One Pilot required at POB/Alternate Base
● One SIC Pilot on 1-hour Call-up - when NVG capable
7 Day N/A ● Full Time Mechanic(s) required at POB/Alternate Base
● Apprentice Helicopter Mechanic authorized and may serve as
support Mechanic
Note: All Personnel shall be under the same work schedule. Days off schedule may vary.
A-4 STANDBY HOURS PER DAY
Standby shall be for nine (9) hours per day.
A-5 EXTENDED STANDBY HOURLY RATE
The Extended Standby rate shall be $75.00 per hour per authorized crewmember.
A-6 CALL BACK
The Call Back rate shall be $150.00 per hour per authorized crewmember if duty is
performed. If Call Back is activated the Extended Standby hourly rate does not apply.
A-7 OVERNIGHT STANDARD PER DIEM RATE ALLOWANCE
Reimbursed at the current GSA CONUS Per Diem Rates. Reference Exhibit A, Section B-10.
A-8 OPERATIONS IN ALASKA AND CANADA (OFFEROR TO CHECK ALL THAT APPLY)
Offeror has authorization as indicated in FAA Operation Specifications for operations in the
following locations (CHECK ALL THAT APPLY).
Exhibit B Page 1 of 5
DocuSign Envelope ID: 5001598C-78CF-4D8D-8569-654C42D5F695
☐ALASKA ☐CANADA
A-10 ITEM NO. 1: HELICOPTER EQUIPPED WITH BUCKET, TANK AND HOIST
Helicopter Type: Type I Heavy
Hose Base
Name: Broomfield
Location: Rocky Mountain Metropolitan Airport
Mandatory Availability Period Net Days
January 1, 2023 – December 31, 2023 365 Days
*Estimated number of flight hours per year is for estimation purposes only, the State does not
guarantee any flight hours under this contract.
Exhibit B Page 2 of 5
DocuSign Envelope ID: 5001598C-78CF-4D8D-8569-654C42D5F695
*This shall only be activated when DFPC is Approved and activates Night Operations and only
when requested.
COST
FLIGHT CREW HRS RATE UNITS $/UNIT
PILOT
EQUIPMENT
Pilot Vehicle Tahoe 1 $ 85,000.00 $ 85,000.00
Mechanic Truck 1 $ 85,000.00 $ 85,000.00
Fuel, Insurance, Maintenance 1 $ 11,200.00 $ 11,200.00
TOTAL $ 181,200.00
TRAINING
S-70M Initial 4 $ 61,200.00 $ 244,800.00
Travel & accommodations 4 $ 4,200.00 $ 16,800.00
Per diem 80 $ 60.00 $ 4,800.00
Rental car 1 $ 2,000.00 $ 2,000.00
TOTAL $ 268,400.00
TRAVEL/ACCOMODATIONS
Airline Tickets 26 $ 1,000.00 $
26,000.00
Crew Condo 12 $ 4,000.00 $
48,000.00
Cleaning (1 units) $ -
Damage deposits $ -
TOTAL $ 74,000.00
FLIGHT CREW TOTAL $ 1,065,650.00
MAINTENANCE HRS RATE UNITS $/UNIT
MECHANIC
2 Mechanics 2 $ 100,000.00 $ 200,000.00
Per Diem 365 $ 70.00 $ 25,550.00
Exhibit B Page 3 of 5
DocuSign Envelope ID: 5001598C-78CF-4D8D-8569-654C42D5F695
Exhibit B Page 4 of 5
DocuSign Envelope ID: 5001598C-78CF-4D8D-8569-654C42D5F695
A-12 THE ADDITIONAL EQUIPMENT & PAY ITEMS SHOWN BELOW APPLY TO ALL
LINE ITEM ABOVE
***https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-pov-mileage-
reimbursement-rates
A-11 PREPAYMENT
The state shall make prepayment for a pilot simulator, mechanic courses and other associated
costs. The total is $335,920.00 would be made available within 45 days as soon as the contract
is awarded
New total for year one daily rate on table “Daily Available Offer Rate” shall be $5,517.39
instead of $6,347.71. The year one total cost now reflects $2,013,845.10 after $335,920.00
prepayment.
Exhibit B Page 5 of 5
DocuSign Envelope ID: 5001598C-78CF-4D8D-8569-654C42D5F695
STATE OF COLORADO
THIRD PARTY ENTITY / ORGANIZATION CERTIFICATION FOR ACCESS TO
PII THROUGH A DATABASE OR AUTOMATED NETWORK
Signature: __________________________
Title: __________________________
Date: __________________________
Exhibit C Page 1 of 1
DocuSign Envelope ID: 5001598C-78CF-4D8D-8569-654C42D5F695
______________________________________________ ___________________________________________
By: Mike Morgan, DFPC Director By: Ron Fiet, Contract Specialist
Exhibit D Page 1 of 1
Certificate Of Completion
Envelope Id: 5001598C78CF4D8D8569654C42D5F695 Status: Completed
Subject: DocuSign: Coulson Aviation Contract for FireHawk O&M
Source Envelope:
Document Pages: 96 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 0 Percy Cline
AutoNav: Enabled 700 Kipling St
EnvelopeId Stamping: Enabled Lakewood, CO 80215
Time Zone: (UTC-07:00) Mountain Time (US & Canada) percy.cline@state.co.us
IP Address: 165.127.87.1
Record Tracking
Status: Original Holder: Percy Cline Location: DocuSign
3/15/2023 12:07:39 PM percy.cline@state.co.us
Security Appliance Status: Connected Pool: FedRamp
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