1202SA24R9501 Ely Maint-Amend 2 4.23.24.pdf

Request for Proposal No. 1202SA24R9501 Amend 2 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft Ely, MN National Office i

OFFEROR’S COPY

Issuing Office:

National Interagency Fire Center USDA/Forest Service, Contracting Owyhee Building, MS 1100 3833 S. Development Ave Boise, ID 83705-5354

This solicitation can be downloaded at https://www.sam.gov.

In accordance with the Federal Acquisition Regulation Part 52.203-13, Only vendors who are active in SAM.gov will be eligible for consideration of the award of the resultant contract.

PLEASE PROVIDE YOUR SAM.gov UNIQUE IDENTIFIER NUMBER FROM SAM.gov (ueiSAM Registration Number)

WITH YOUR PROPOSAL.

Offers Are Solicited For:

Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft Located in Ely, MN

Solicitation:

1202SA24R9501

IMPORTANT – NOTICE TO ALL PROSPECTIVE OFFERORS

This Request for Proposal (RFP) will result in a Firm-Fixed Price single award Indefinite Delivery/Indefinite Quantity (IDIQ) contract to provide Aviation Maintenance Support Services on a DHC-2 MK1 Beaver Aircraft Located in Ely, MN . Please review each section in detail to ensure the required documentation is submitted. Proposals are due on May 10, 2024 @ 1:00 PM Mountain Time; however, offerors are encouraged to submit their quotes as soon as possible but before the due date. No facsimile (FAX) or hard copy mailed offers will be accepted.

REFERENCE SECTION E.2 - INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS FOR FURTHER INFORMATION:

The offeror shall submit the following items in response to this RFP:

a. SF-1449, block 17a and blocks 30a-30c: Complete, date, and sign;

b. Fill in the appropriate information requested for Section B Schedule of Items.

c. Provide proposal in the format required by Section B.1 of this solicitation.

d. Provide your responses to Sections E.4 Instructions to Offerors.

e. Contact information for an individual with the authority to bind (C. 9).

THE PROPOSAL PACKAGE SHALL BE SUBMITTED BY EMAIL ONLY IN THE FOLLOWING FORMAT (note: only attachments come through to the below inbox, information provided in the body of the email does not come through):

TO: Aviation Maintenance Support Services on a DHC-2 MK1 Beaver Aircraft by email to: Robert.Pfeil@usda.gov

Email Subject Line: Solicitation 1202SA24R9501 - Company Name - Aviation Maintenance Support Services on a DHC-2 MK1 Beaver Aircraft - Submittal Date

Mandatory Document Labeling: Company Name – Aviation Maintenance Support Services on a DHC-2 MK1 Beaver Aircraft – Business or Technical – Submittal Date

Offerors may contact Robert Pfeil for information about this solicitation at Robert.Pfeil@usda.gov or 303-818-2063.

NOTE: Ability to perform under this agreement is not allowable until written approval is received from the Contracting Officer.

This solicitation neither commits the Government to pay any cost incurred in the submission of the offer or in making necessary studies or designs for preparing the offer, nor to contract for services or supplies. Any cost incurred in anticipation of a contract shall be at the Offeror’s own risk.

“The policy of the United States Department of Agriculture Forest Service prohibits discrimination on the basis of race, color, national origin, age, religion, sex, disability, family status, and/or political affiliation.” Persons believing, they have been discriminated against in any Forest Service-related activity should write to: Chief, Forest Service, USDA, P.O. Box 96090, Washington, DC 20090-6090.

Contract Number: 1202SA24T95xx Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

SECTION B

SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

SECTION A - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

STANDARD FORM 1449

SECTION B – SCHEDULE OF ITEMS/DESCRIPTION/SPECIFICATIONS

B.1 SCHEDULE OF ITEMS

B.2 BACKGROUND

B.3 SCOPE

B.4 CERTIFICATIONS

B.5 TECHNICAL REQUIREMENTS

B.6 PARTS AND MATERIAL

B.7 REPORTS AND RECORDS

B.8 INSURANCE REQUIREMENTS

B.9 GOVERNMENT FURNISHED PROPERTY

B.10 GOVERNMENT RESPONSIBILITIES

C.1 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCT AND

COMMERCIAL SERVICES (NOV 2023)

C.2 ADDENDUM TO FAR 52.212-4 (G) INVOICES

C.3 CONTRACT CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(DEVIATION APR 2020, DEVIATION JUN 2020, AND DEVIATION JUL 2020) (JUN 2023) ... 15

C.5 ORDERING (FAR 52.216-18) (AUG 2020)

C.6 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (AGAR 452.216-73) (FEB 1988)

C.7 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995)

C.8 INDEFINITE QUANTITY (52.216-22) (OCT 1995)

C.9 TASK-ORDER AND DELIVERY-ORDER OMBUDSMAN (52.216-32) (SEP 2019)

C.10 EFFECTIVE PERIOD OF THE CONTRACT (AGAR 452.211-75) (FEB 1988)

C.11 INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE CONTRACT

C.12 52.212-4(G) INVOICES (ADDENDUM)

C.13 NOTICE OF CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

C.14 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

C.15 POST AWARD CONFERENCE (AGAR 452.215-73) (NOV 1996)

C.16 GOVERNMENT-FURNISHED PROPERTY

C.17 TASK ORDERS/DELIVERY ORDERS (TO/DO)

C.18 MEASUREMENT AND PAYMENT

C.19 THIRD PARTY AGREEMENTS

C.20 DUTY-FREE ENTRY (FAR 52.225-8) (OCT 2010)

C.21 DUTY FREE ENTRY ADDENDUM

C.22 DATA, IMAGES AND VOICE RECORDINGS

C.23 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACT (SEPT 2013)

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

C.24 AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (NOV 2020)

C.25 AGAR 452.204-70 MODIFICATION FOR CONTRACT CLOSEOUT

C.26 INSPECTION AND ACCEPTANCE (AGAR 452.246-70) (FEB 1988)

C.27 ON-SITE REPRESENTATIVE/EMPLOYEES

C.28 OPTION TO EXTEND SERVICES (FAR 52.217-8) (NOV 1999)

C.29 OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MAR 2000)

D.1 EXHIBITS/ ATTACHMENTS

E.1 GENERAL INFORMATION

E.2 SIZE STANDARD AND NAICS CODE INFORMATION (AGAR 452.219-70) (SEP 2001)

E.3 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FAR 52.252-1)

(FEB 1998)

E.4 52.212-1 - INSTRUCTIONS TO OFFERORS – COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)(TAILORED)

E.5 EVALUATION—COMMERCIAL ITEMS (FAR 52.212-2 NOV 2021)(TAILORED)

E.6 INQUIRIES (AGAR 452.204-70) (FEB 1988)

E.7 OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FAR 52.212-3) (NOV 2023)

E.8 AUTHORIZED DEVIATIONS IN PROVISIONS(FAR 52.252-5) (NOV 2020)

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

B.1 SCHEDULE OF ITEMS

(a) The solicitation shall result in a Fixed Unit Rate Indefinite Delivery/Indefinite Quantity Contract. The place of contract performance is:

USFS Ely Seaplane Base 1901 West Shagawa Road Ely, MN 55731

(b) When tasked, provide commercial maintenance services for USDA Forest Service Fleet

Aircraft that are Government-owned and/or operated, identified by model in the table below.

Due to the nature of Forest Service aviation missions, aircraft are dispatched nationally based on the need of the agency resulting in aircraft maintenance needs at geographically diverse locations. Depending on the maintenance need it can be uneconomical to move or reposition aircraft for maintenance to another location.

(c) The offeror shall hold an FAA part 145 Certified Repair Station (CRS) or all work must be completed under the direct supervision of an FAA licensed Airframe and Powerplant mechanic with Inspection Authorization and a have experience on aircraft being maintained.

(d) The offeror shall be capable of supporting the aircraft identified in the table below and have facilities located at the bid location or within 120 nautical miles.

(e) The table shows US Forest Service Aircraft requiring Maintenance services.

Aircraft Make/Model Location DeHavilland DHC-2 MK1 Beaver ELY, Minnesota

Other Government Aircraft as need arises ELY, Minnesota

(f) Pricing - The Offeror must provide pricing for all years and all line items to be eligible for award.

Contractor's rates shall be fully burdened.

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

PRICING SCHEDULE:

Schedule of Pricing Base Year (May 1, 2024 – April 30, 2025)

CLIN

Service or Product Estimated Quantity

Rate Extended Amount

0001A Labor, Maintenance (1) 180

0001B Labor, Maintenance (Overtime Rate) 8

0001C Labor, Maintenance (Sunday/Holiday) (2) 8

0001D Labor, Avionics 20

0001E Labor, Avionics (Overtime) 8

0001F Labor, Avionics (Sunday/Holiday) (2) 8 $ $

0001G After Hours Call Out

0001H Travel Expenses (3)

0001I New Parts Discount (%) Off of List Price (4) TBD %

0001J Exchange Parts Discount (%) Off of List Price (4)

TBD %

0001K Shipping Charges -Freight on board (FOB) Destination - ground conveyance. Cost to be determined at Task Order Level

Total Estimated Price Base Year

All labor for Scheduled Inspections to be performed in accordance with manufacturers recommended inspection program or approved Owner Established inspection program as supplied by the USFS for the applicable airframe.

2 Excludes any additional callout fee.

3 Travel – Any travel expenses shall be reimbursed in accordance with the Federal Travel Regulations

All parts and subcontracted services shall be paid for at a maximum of list price less the percentage indicated to cover material handling charges, which should include indirect costs including G & A costs allocated to direct material that are not included in any hourly rates or flat rates.

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

Schedule of Pricing Option Period 1 (May 1, 2025 – April 30, 2026)

Service or Product Estimated Quantity

Rate Extended Amount

1001A Labor, Maintenance (1) 180

1001B Labor, Maintenance (Overtime Rate) 8

1001C Labor, Maintenance (Sunday/Holiday) (2) 8

1001D Labor, Avionics 20

1001E Labor, Avionics (Overtime) 8

1001F Labor, Avionics (Sunday/Holiday) (2) 8 $ $

1001G After Hours Call Out

1001H Travel Expenses (3)

1001I New Parts Discount (%) Off of List Price (4) TBD %

1001J Exchange Parts Discount (%) Off of List

1001K Shipping Charges -Freight on board (FOB)

Total Estimated Price Option Period 1

All labor for Scheduled Inspections to be performed in accordance with manufacturers recommended inspection program or approved Owner Established inspection program as supplied by the USFS for the applicable airframe.

All parts and subcontracted services shall be paid for at a maximum of list price less the percentage indicated to cover material handling charges, which should include indirect costs including G & A costs allocated to direct material that are not

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

Schedule of Pricing Option Period 2 (May 1, 2026 – April 30, 2027)

Service or Product Estimated Quantity

Rate Extended Amount

2001A Labor, Maintenance (1) 180

2001B Labor, Maintenance (Overtime Rate) 8

2001C Labor, Maintenance (Sunday/Holiday) (2) 8

2001D Labor, Avionics 20

2001E Labor, Avionics (Overtime) 8

2001F Labor, Avionics (Sunday/Holiday) (2) 8 $ $

2001G After Hours Call Out

2001H Travel Expenses (3)

2001I New Parts Discount (%) Off of List Price (4) TBD %

2001J Exchange Parts Discount (%) Off of List

2001K Shipping Charges -Freight on board (FOB)

Total Estimated Price Option Period 2

All labor for Scheduled Inspections to be performed in accordance with manufacturers recommended inspection program or approved Owner Established inspection program as supplied by the USFS for the applicable airframe.

All parts and subcontracted services shall be paid for at a maximum of list price less the percentage indicated to cover material handling charges, which should include indirect costs including G & A costs allocated to direct material that are not

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

Schedule of Pricing Option Period 3 (May 1, 2027 – April 30, 2028)

Service or Product Estimated Quantity

Rate Extended Amount

3001A Labor, Maintenance (1) 180

3001B Labor, Maintenance (Overtime Rate) 8

3001C Labor, Maintenance (Sunday/Holiday) (2) 8

3001D Labor, Avionics 20

3001E Labor, Avionics (Overtime) 8

3001F Labor, Avionics (Sunday/Holiday) (2) 8 $ $

3001G After Hours Call out

3001H Travel Expenses (3)

3001I New Parts Discount (%) Off of List Price (4) TBD %

3001J Exchange Parts Discount (%) Off of List

3001K Shipping Charges -Freight on board (FOB)

Total Estimated Price Option Period 3

All labor for Scheduled Inspections to be performed in accordance with manufacturers recommended inspection program or approved Owner Established inspection program as supplied by the USFS for the applicable airframe.

All parts and subcontracted services shall be paid for at a maximum of list price less the percentage indicated to cover material handling charges, which should include indirect costs including G & A costs allocated to direct material that are not

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

Schedule of Pricing Option Period 4 (May 1, 2028 – April 30, 2029)

Service or Product Estimated Quantity

Rate Extended Amount

4001A Labor, Maintenance (1) 180

4001B Labor, Maintenance (Overtime Rate) 8

4001C Labor, Maintenance (Sunday/Holiday) (2) 8

4001D Labor, Avionics 20

4001E Labor, Avionics (Overtime) 8

4001F Labor, Avionics (Sunday/Holiday) (2) 8 $ $

4001G After Hours Call out

4001H Travel Expenses (3)

4001I New Parts Discount (%) Off of List Price (4) TBD %

4001J Exchange Parts Discount (%) Off of List

4001K Shipping Charges -Freight on board (FOB)

Total Estimated Price Option Period 4

** Pricing from this option period will be used if the 6 month option outlined in C.28 is exercised unless other pricing is submitted for that period.

All labor for Scheduled Inspections to be performed in accordance with manufacturers recommended inspection program or approved Owner Established inspection program as supplied by the USFS for the applicable airframe.

All parts and subcontracted services shall be paid for at a maximum of list price less the percentage indicated to cover material handling charges, which should include indirect costs including G & A costs allocated to direct material that are not

Contract Number: 1202SA24T950x Request for Proposal No. 1202SA24R9501 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

B.2 BACKGROUND

(a) The Government operates Three DHC-2 Beaver aircraft out of Ely, Minnesota, in support of a diverse missions, with the goal to sustain the health, diversity, and productivity of the Nation’s forests and grasslands to meet the needs of present and future generations.

(b) The USDA Forest Service commitment to land stewardship and public service is the framework within which natural resources are managed.

Implicit in this statement is the agency’s collaboration with partners and the public.

(c) As the lead Federal agency in natural resource conservation, the USDA Forest

Service provides leadership in the protection, management, and use of the Nation’s Forest, rangeland, and aquatic ecosystems. Our ecosystem approach to management integrates ecological, economic, and social factors to maintain and enhance the quality of the environment to meet current and future needs. Through the implementation of land and resource management plans, the agency ensures sustainable ecosystems by restoring and maintaining species diversity and ecological productivity that helps provide recreation, water, timber, minerals, fish, wildlife, wilderness, and aesthetic values for current and future generations of people.

B.3 SCOPE

(a) The intent of this solicitation and any resultant contract is to obtain maintenance and avionics services primarily for a DHC-2 Beaver aircraft in ELY, Minnesota or other Government aircraft as need arises. The establishment of a good working relationship between the Contractor and Government is essential to the success of this agreement. The Contractor’s employees' cooperation, professionalism, and positive attitude are required to establish the necessary relationship that must exist to successfully complete this contract.

(b) Services - The Contractor shall provide the following services as ordered by the Government:

(1) The types of services required include but are not limited to, inspection, maintenance, preventive maintenance, rebuilding, and alteration. Individual orders may include the inspection, repair, painting, overhaul, rebuilding, testing, and servicing of airframes, engines, rotors, appliances, or component parts.

(2) All labor for Inspections shall be performed in accordance with manufacturer’s recommended inspection program, USFS procedures, or approved Owner Established inspection program as supplied by the USFS for the applicable airframe.

Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

(3) All additional labor shall be identified as individual discrepancies with estimated costs and approved by the Contracting Officer prior to the work being performed or parts being ordered.

(4) Subcontracted Services- All quotes for subcontracted services must be accompanied by subcontractor quotes. All subcontracted services shall be paid for at a maximum of actual cost plus the percentage of markup as indicated in the Schedule of Items, to cover all material handling charges, which shall include all indirect costs including G & A costs allocated to direct material that is not included in any hourly rates or flat rates. The percentage of markup will be capped at $1,500.00 per subcontracted service, without prior written approval of the Contracting Officer.

(5) Aircraft makes and models other than those listed in the Schedule of

Items (Section B) may require maintenance services under the terms and conditions of this contract.

(6) Avionics alterations, including upgrades, may be negotiated and have task orders issued based on quotes from any contractor with rates listed for “Labor, Avionics.”

(c) Parts

The Contractor may be tasked to fulfill parts-only purchases/exchanges in addition to parts purchased/exchanged in connection with an overhaul or repair.

(1) Parts-only purchases/exchanges will be via Task Order and separate from any service Task Order.

(2) All quotes for parts must be accompanied by subcontractor quotes/invoices. All parts shall be paid for at a maximum of actual cost plus/minus the percentage of markup/discount as indicated in the Schedule of Items, to cover all material handling charges, which shall include all indirect costs including G & A costs allocated to direct material that are not included in any hourly rates or flat rates.

The percentage of markup will be capped at $1,500.00 per parts order, without prior written approval of the Contracting Officer.

(d) Contractor must provide warranty repair/replacement for work accomplished that is equal to or greater than that offered to the public.

B.4 CERTIFICATIONS

(a) The offeror must be capable of supporting the aircraft identified in table B.1 (d) shall hold an FAA certified repair station (CRS) with an appropriate class or limited rating for the individual make and model of aircraft, engine, propeller, Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office rotor, appliance, or component part to be maintained, and be a DHC-2 Beaver certified service center. The contractor must possess and maintain FAA privileges for the return to service of the aircraft or related parts or appliance in accordance with 14 CFR 145.201 and/or 14 CFR 65.95.

(b) All maintenance must be performed and recorded in accordance with 14 CFR Ch 1 Parts 39, 43, and 91.Airframe, engines, and component manufacturers’ technical data, applicable FAA Airworthiness Directives, and service information considered mandatory by the aircraft or component manufacturer, as well as any USDA Forest Service supplements to those instructions and manuals shall be adhered to unless otherwise ordered by the Contracting Officer.

(c) The Contractor(s) may have agreements with other appropriately rated facilities (subcontractors) for the performance of maintenance on those items that the Contractor is not rated. The Government shall approve any subcontracted service prior to the Contractor's obtaining that service.

(d) All personnel performing maintenance under this contract must be covered by a Drug and Alcohol Program which complies with the procedures set forth in 49 CFR part 40.

B.5 TECHNICAL REQUIREMENTS

(a) The Contractor’s maintenance facility must be a permanent facility that is environmentally controlled, and secure from unauthorized persons.

(b) All issued task orders shall be performed in accordance with the applicable Federal

Aviation Regulations. The Government operates its aircraft in accordance with 14 CFR Part 91, Forest Service Policy, and Federal Management Regulation (FMR) 102.33.

(c) The Contractor shall have current manuals, technical data, calibrated special tools, and appropriately trained personnel required to perform the services ordered.

(d) The contractor shall be responsible for the proper execution and disposition of all

FAA and USFS required maintenance records for the work they perform on aircraft under this contract. Records shall be maintained in accordance with AC43- 9C or later revision. The tracking of the aircraft being maintained requires sharing of these records, and close cooperation with the contracting officer’s representative (COR) assigned.

(e) Scheduled inspections and repairs shall be accomplished in accordance with the applicable most recent revision of the manufacturer’s technical data, as applicable, unless otherwise directed by the government.

Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

(f) The contractor shall submit a detailed invoice, maintenance record and/or document copies to the COR in a timely manner following maintenance. This information shall be properly documented, signed, and include other supporting documentation as required.

(g) The Contractor shall allow Government personnel access to the CRS or facility and/or Forest Service property during working hours for the purpose of monitoring work.

B.6 PARTS AND MATERIAL

(a) Parts required to support orders for service will be furnished either by the Contractor or by the Government at the Government’s option, as stated on the task order.

Parts, components, and materials utilized shall be approved by the Federal Aviation Administration, Manufacturer and/or the USDA Forest Service. All parts and components shall be accompanied by proper documentation such as FAA Form 8130-3, manufacturer’s tag, work order, or acceptable maintenance release.

Documentation shall identify total time in service if a life-limited part and time since overhaul if applicable.

(b) Parts, components, and materials removed from the aircraft and replaced shall remain the property of the Government until the Contracting Officer authorizes their disposition in writing as an exchange item or scrap in accordance with 52.245-1, Government Property. Items not authorized for disposition will be released to the Government. The Contractor shall identify to the Contracting Officer’s Representative, those items that the Contractor believes to be the cause of a failure or malfunction.

B.7 REPORTS AND RECORDS

(a) The Government shall provide current historical records to the Contractor at the time that maintenance is performed and upon delivery to the Contractor(s) of the aircraft they are directed to maintain and or parts and accessories to be used during the assigned maintenance.

(b) The Contractor shall enter in the historical records all Airworthiness Directives, Manufacturers Service Bulletins or other modifications, and all significant maintenance actions accomplished.

(c) The Contractor shall further record whether such repairs or modifications were performed under manufacturer specifications, FAA specifications, an engineering order, or by replacement of parts.

(d) The Contractor shall record as “previously complied with” all Modifications, Airworthiness Directives and Service Bulletins that have been found to be previously accomplished but not recorded and document the log entry or other data that shows the specific method or action that shows compliance.

Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

(e) All maintenance performed shall be recorded in accordance with Federal Aviation Regulations Part 43 and Federal Aviation Regulations Part 91, including time-in-service, cycles in service, etc.

(f) All repairable parts or components removed for replacement shall be identified and documentation attached, as to the major component removed from, date, and aircraft time when removed, the part condition or reason removed and part total time and cycles, time since last overhaul as applicable if a life-limited part. These parts shall be returned to the Government.

B.8 INSURANCE REQUIREMENTS

The Contractor shall be liable and responsible for Government property in their possession which means when an aircraft they have been directed to maintain is at their CRS or facility, At a minimum, the Contractor shall provide insurance coverage of a sufficient amount to cover the replacement cost of the Government property being maintained.

B.9 GOVERNMENT FURNISHED PROPERTY

The Government may direct the Contractor to maintain Government aircraft. The Contractor shall be liable and responsible for Government aircraft (property) in their possession which means when an aircraft they have been directed to maintain is at their CRS (or facility) or when one of their employees is towing, operating, or taxing an aircraft they have been directed to maintain.

B.10 GOVERNMENT RESPONSIBILITIES

The Government shall:

(a) Attempt to give the Contractor at least 5 calendar day notice prior to delivery of any aircraft to their CRS or facility for inspection and or repair. However, there may be instances where the Government cannot meet this time frame.

(b) Negotiate an agreed-upon length of time for completion of work for each order.

(c) Provide records that reflect the status of the aircraft and sub-components at the time of delivery to the Contractor’s CRS or facility.

(d) Provide detailed information regarding the aircraft parts, accessories, or tooling, if provided to the Contractor.

(e) Identify the Forest Service COR for the project the contractor has been assigned.

Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

B.11 KEY CONTRACTOR PERSONNEL

Successful offeror will provide listing of qualified personnel with certificate ratings, training, and experience in which qualifies them to perform maintenance services on the aircraft identified herein.

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

SECTION C

CONTRACT CLAUSES

C.1 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCT AND

COMMERCIAL SERVICES (NOV 2023)

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

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

and

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727).

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

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

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

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

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

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

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

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

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

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

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

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

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

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

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

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

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C.

chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

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

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree"

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

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

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

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

(End of clause)

C.2 ADDENDUM TO FAR 52.212-4 (G) INVOICES

Invoices in support of the US Forest Service shall be submitted to the following:

The Contractor must follow the instructions on how to register and submit invoices via the Department of Treasury’s Internet Payment Platform (IPP) as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic invoice processing platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm.

Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

C.3 CONTRACT CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

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

Federal Acquisition Regulation (FAR) Clauses:

https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)

Department of Agriculture Acquisition Regulation (AGAR) Clauses:

https://www.acquisition.gov/agar (AGAR clauses begin with 452)

Deviations to clauses may be viewed at:

https://www.dm.usda.gov/procurement/policy/FARClassDeviations.htm

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011)

52.204-7 System for Award Management (OCT 2018)

52.204-13 System for Award Management Maintenance (OCT 2018)

52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. (SEP 2013)

52.245-1 Government Property (SEP 2021)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(DEVIATION APR 2020, DEVIATION JUN 2020, AND DEVIATION JUL 2020) (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive Orders applicable to acquisitions of commercial products and commercial services:

☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) (Deviation 2017-1), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☒ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (Deviation 2017-1), (41 U.S.C. 3509).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Deviation 2017-1), (Section 1553 of Pub L. 111-

5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

☒ (4) 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (JUN 2020) (Deviation 2017-1), (41 U.S.C.

4712) relating to whistleblower protections).

☒ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

☒ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C.

6101 note).

☐ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (11) [Reserved]

☐ (12) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (Deviation JUN 2020) (15 U.S.C. 657a).

Request for Proposal No. 1202SA24R9501 Amend 2 04/23/2024 U.S. Forest Service Aviation Maintenance Support Services DHC-2 MK1 Beaver Aircraft, Ely, MN National Office

☐ (13) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (Deviation JUN 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (14) [Reserved]

☒ (15) (i) 52.219-6, Notice of Total Small Business Aside (NOV 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-4.

☐ (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C.

644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☒ (17) 52.219-8, Utilization of Small Business…