12024B19R0002-0002.pdf
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- Attached to
- Sherpa Maintenance (SMX) Federal contract opportunity
- Solicitation number
- 12024B19R0002
- Issued by
- Department of Agriculture Forest Service
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12024B19R0002-0002
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| File | Type | Posted |
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| 12024B19R0002-0003_-_Q&A.pdf | ||
| 12024B19R0002-0003.pdf | ||
| 12024B19R0002-0002_-_Q&A.pdf | ||
| 12024B19R0002-0001_-_Q&A.pdf | ||
| 12024B19R0002-0001.pdf | ||
| 12024B19R0002_-_SMX_-_RFP.pdf |
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(x)
12024B19R0002 x x
1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT
THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
x
024B
BOISE ID 83705
3833 S DEVELOPMENT AVE
ATTN CONTRACTING
USDA FOREST SERVICE - NIFC
05/22/20190002
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
FACILITY CODE CODE
10B. DATED (SEE ITEM 13)
10A. MODIFICATION OF CONTRACT/ORDER NO.
9B. DATED (SEE ITEM 11)
9A. AMENDMENT OF SOLICITATION NO.
CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)
7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY
PAGE OF PAGES
4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)
1. CONTRACT ID CODE
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
04/23/2019
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.
ORDER NO. IN ITEM 10A.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
The purpose of this amendment is to:
A. Incorporate changes made due to industry questions.
B. Extend the due date for proposals from May 24, 2019 to May 31, 2019. The revised due date and time for receipt of proposals is 1200 hours NIFC local time on May 31, 2019.
Prospective offerors are cautioned to review the solicitation carefully and in its entirety to discern all changes.
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)
15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED
(Signature of person authorized to sign) (Signature of Contracting Officer)
STEVEN B. PETERSON
STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA
FAR (48 CFR) 53.243
NSN 7540-01-152-8070
Previous edition unusable
Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .
12024B19R0002/0002 USDA/Forest Service Sherpa Maintenance (SMX) National Office
SECTION B
SCHEDULE OF ITEMS
B.1 SCHEDULE OF ITEMS
(a) US Forest Service Fleet Aircraft. Provide maintenance services predominantly for the Shorts SD3-60 Sherpa aircraft and other Government Working Capital Fund aircraft (Government fleet aircraft) as need arises, examples are below:
(b) Pricing. The offeror shall propose prices for all Contract Line Item Numbers (CLINs) in Section B.1, Schedule of Items. The offeror must be capable of maintenance, inspection and logistical support of the Shorts SD3-60 Sherpa aircraft at a minimum and shall hold an FAA Part 145 Certified Repair Station (CRS) rated for the SD3-60 Sherpa aircraft with either an appropriate class or limited rating with a capabilities list for the Shorts SD3-60 Sherpa. The CRS must be located in the continental US within 800 nautical miles/4.5 hours flight time (Single Flight without refueling) of a SD3-60 Sherpa of Redmond, OR.
(c) As the Forest Service will be operating 10 of the SD3-60 aircraft across the locations specified there is defined organizational structure, training, inspection procedures as well as other organizational attributes that come with the FAA certified repair station (CRS) requirement which do add value for the Forest Service. The CRS requirement is for the offeror’s home location only and is not required to be used for accomplishing work in locations away from their home location.
(d) CLINs 1.A through 1.H below are guaranteed to be ordered at the time of award via a task order for the base year of the awarded contract period. That order will require:
• CLIN 1.A, One (1) Lead Aircraft Mechanic, Redmond, Oregon, Base contract period.
• CLIN 1.B, One (1) Aircraft Mechanic (Sherpa and other WCF Fleet), Redmond, Oregon.
• CLIN 1.C, One (1) Aircraft Mechanic (Sherpa and other WCF Fleet), Redmond, Oregon.
• CLIN 1.D, One (1) Aircraft Mechanic (Sherpa and other WCF Fleet), Redmond, Oregon.
• CLIN 1.E, One (1) Aircraft Mechanic (Sherpa and other WCF Fleet), Redmond, Oregon.
• CLIN 1.F, One (1) Basic Aircraft Mechanic, Redmond, Oregon.
• CLIN 1.G, One (1) Aircraft Technical Records Administrative Specialist, Redmond, Oregon.
• CLIN 1.H, One (1) Parts Helper (part time), Redmond, Oregon.
(e) Personnel will work a minimum of eight (8) hours per day with overtime being paid for hours ordered over the scheduled eight hours and typically be working five (5) days per week (Monday through Friday excluding holidays). Mechanics will be directed to work alternate schedules based on the needs of the government in support of Forest Service Aviation operations. This will include working offset shifts or days off other than Saturday and Sunday.
US Forest Service Fleet Aircraft Beechcraft King Air Series DeHaviiland DHC-2 Beaver Bell 206BIII DeHavilland DHC-6 Twin Otter Bell AH-1 Cobra Piper PA18-150 Cessna Citation 550 Bravo Shorts SD3-60 Sherpa Cessna C-185 Quest Kodiak 100 Cessna TU206
Maintenance Support Locations:
The locations below are broken into four different categories. The Redmond, Oregon Depot/Primary location is both the main SD3-60 Sherpa maintenance facility and a Smokejumper base of operations so there is a year round need for the personnel. Missoula, MT, Redding, CA, and McCall, ID are FS Smokejumper bases and are also Primary locations. Mechanics based in Redmond will be required to travel to other Primary and Secondary locations as needed.
Facility Region 6 Region 5 Region 4 Region 1 Depot* Redmond, OR Primary* Redmond, OR Redding, CA McCall, ID Missoula, MT
Secondary Winthrop, WA Ogden, UT West Yellowstone, MT Fairbanks, AK Boise, ID Grangeville, ID
* There will be other temporary duty locations (TDY) within CONUS or the State of Alaska that Depot or Primary location maintenance personnel will be required to support as needed in addition to the listed Secondary locations. All travel for all personnel from Depot (Redmond, Oregon) to all Primary, Secondary or TDY locations shall be in accordance with the Federal Travel Regulations (FTR). No travel or per diem will be paid for Redmond, OR. Travel may be required on Forest Service fleet or contracted aircraft.
Base Period: September 1, 2019 – March 31, 2020
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED
AMOUNT
1.A Lead Aircraft Mechanic
GUARANTEED
DAYS $ $
1.B Aircraft Mechanic (Sherpa and other WCF fleet) GUARANTEED
DAYS $ $
1.C Aircraft Mechanic (Sherpa and other WCF fleet) GUARANTEED
DAYS $ $
1.D Aircraft Mechanic (Sherpa and other WCF fleet) GUARANTEED
150 DAYS $ $
1.E Aircraft Mechanic (Sherpa and other WCF fleet) GUARANTEED
150 DAYS $ $
1.F Basic Aircraft Mechanic GUARANTEED
150 DAYS $ $
1.G Aircraft Technical Records Administrative Support GUARANTEED
DAYS $ $
1.H Parts Helper GUARANTEED
DAYS $ $
1.I Lead Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
1.J Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
1.K Basic Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
1.L Aircraft Technical Records Administrative Support Overtime Rate
ESTIMATED
HOURS $ $
1.M Shop Labor at CRS Facility, Maintenance (Normal Duty hours) 1,2,3
ESTIMATED
HOURS $ $
1.N Shop Labor at CRS Facility, Maintenance (Overtime Rate) 1,2,3
ESTIMATED
HOURS $ $
1.O Shop Labor at CRS Facility, Avionics (Normal Duty Hours) 1,2,3
ESTIMATED
HOURS $ $
1.P Shop Labor at CRS Facility, Avionics (Overtime Rate) 1,2,3, ESTIMATED
HOURS $ $
1.Q After Hours Callout at any location ESTIMATED
EVENTS $ $
1.R Parts Mark Up 5
ESTIMATED
$100,000
PERCENT
MARKUP (Cost Plus)
1.S Miscellaneous Shop Supplies 4 ESTIMATED $25,000
PERCENT
VALUE $ $
1.T Travel to be Ordered via Task Order at the time the need becomes known 6
ESTIMATED
$120,000 LOT $120,000 $120,000
Base Period: ESTIMATED TOTAL
Option 1: April 1, 2020 – March 31, 2021
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED
AMOUNT
2.A Lead Aircraft Mechanic
GUARANTEED
DAYS $ $
2.B Aircraft Mechanic (Sherpa and other WCF fleet) GUARANTEED
DAYS $ $
2.C Aircraft Mechanic (Sherpa and other WCF fleet) GUARANTEED
DAYS $ $
2.D Aircraft Mechanic (Sherpa and other WCF fleet) ESTIMATED
DAYS $ $
2.E Aircraft Mechanic (Sherpa and other WCF fleet) ESTIMATED
DAYS $ $
2.F Basic Aircraft Mechanic ESTIMATED
DAYS $ $
2.G Aircraft Technical Records Administrative Support GUARANTEED
DAYS $ $
2.H Parts Helper GUARANTEED
DAYS $ $
2.I Lead Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
2.J Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
2.K Basic Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
2.L Aircraft Technical Records Administrative Support Overtime Rate
ESTIMATED
HOURS $ $
2.M Shop Labor at CRS Facility, Maintenance (Normal Duty hours) 1,2,3
ESTIMATED
HOURS $ $
2.N Shop Labor at CRS Facility, Maintenance (Overtime Rate) 1,2,3
ESTIMATED
HOURS $ $
2.O Shop Labor at CRS Facility, Avionics (Normal Duty Hours) 1,2,3
ESTIMATED
HOURS $ $
2.P Shop Labor at CRS Facility, Avionics (Overtime Rate) 1,2,3, ESTIMATED
HOURS $ $
2.Q After Hours Callout at any location ESTIMATED
EVENTS $ $
2.R Parts Mark Up 5
ESTIMATED
$100,000
PERCENT
MARKUP (Cost Plus)
2.S Miscellaneous Shop Supplies 4 ESTIMATED $25,000
PERCENT
VALUE $ $
2.T Travel to be Ordered via Task Order at the time the need becomes known 6
$120,000 LOT $120,000 $120,000
Option 1: ESTIMATED TOTAL
Option 2: April 1, 2021 – March 31, 2022
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED
AMOUNT
3.A Lead Aircraft Mechanic
GUARANTEED
DAYS $ $
3.B Aircraft Mechanic (Sherpa and other WCF fleet) GUARANTEED
DAYS $ $
3.C Aircraft Mechanic (Sherpa and other WCF fleet) GUARANTEED
DAYS $ $
3.D Aircraft Mechanic (Sherpa and other WCF fleet) ESTIMATED
DAYS $ $
3.E Aircraft Mechanic (Sherpa and other WCF fleet) ESTIMATED
DAYS $ $
3.F Basic Aircraft Mechanic ESTIMATED
DAYS $ $
3.G Aircraft Technical Records Administrative Support GUARANTEED
DAYS $ $
3.H Parts Helper GUARANTEED
DAYS $ $
3.I Lead Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
3.J Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
3.K Basic Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
3.L Aircraft Technical Records Administrative Support Overtime Rate
ESTIMATED
HOURS $ $
3.M Shop Labor at CRS Facility, Maintenance (Normal Duty hours) 1,2,3
ESTIMATED
HOURS $ $
3.N Shop Labor at CRS Facility, Maintenance (Overtime Rate) 1,2,3
ESTIMATED
HOURS $ $
3.O Shop Labor at CRS Facility, Avionics (Normal Duty Hours) 1,2,3
ESTIMATED
HOURS $ $
3.P Shop Labor at CRS Facility, Avionics (Overtime Rate) 1,2,3, ESTIMATED
HOURS $ $
3.Q After Hours Callout at any location ESTIMATED
EVENTS $ $
3.R Parts Mark Up 5
ESTIMATED
$100,000
PERCENT
MARKUP (Cost Plus)
3.S Miscellaneous Shop Supplies 4 ESTIMATED $25,000
PERCENT
VALUE $ $
3.T Travel to be Ordered via Task Order at the time the need becomes known 6
$120,000 PER TRIP $120,000 $120,000
Option 2: ESTIMATED TOTAL
Option 3: April 1, 2022 – March 31, 2023
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED
AMOUNT
4.A Lead Aircraft Mechanic
GUARANTEED
DAYS $ $
4.B Aircraft Mechanic (Sherpa and other WCF fleet) GUARANTEED
DAYS $ $
4.C Aircraft Mechanic (Sherpa and other WCF fleet) GUARANTEED
DAYS $ $
4.D Aircraft Mechanic (Sherpa and other WCF fleet) ESTIMATED
DAYS $ $
4.E Aircraft Mechanic (Sherpa and other WCF fleet) ESTIMATED
DAYS $ $
4.F Basic Aircraft Mechanic ESTIMATED
DAYS $ $
4.G Aircraft Technical Records Administrative Support GUARANTEED
DAYS $ $
4.H Parts Helper GUARANTEED
DAYS $ $
4.I Lead Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
4.J Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
4.K Basic Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
4.L Aircraft Technical Records Administrative Support Overtime Rate
ESTIMATED
HOURS $ $
4.M Shop Labor at CRS Facility, Maintenance (Normal Duty hours) 1,2,3
ESTIMATED
HOURS $ $
4.N Shop Labor at CRS Facility, Maintenance (Overtime Rate) 1,2,3
ESTIMATED
HOURS $ $
4.O Shop Labor at CRS Facility, Avionics (Normal Duty Hours) 1,2,3
ESTIMATED
HOURS $ $
4.P Shop Labor at CRS Facility, Avionics (Overtime Rate) 1,2,3, ESTIMATED
HOURS $ $
4.Q After Hours Callout at any location ESTIMATED
EVENTS $ $
4.R Parts Mark Up 5
ESTIMATED
$100,000
PERCENT
MARKUP (Cost Plus)
4.S Miscellaneous Shop Supplies 4 ESTIMATED $25,000
PERCENT
VALUE $ $
4.T Travel to be Ordered via Task Order at the time the need becomes known 6
Option 3: ESTIMATED TOTAL
Option 4: April 1, 2023 – March 31, 2024
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED
AMOUNT
5.A Lead Aircraft Mechanic
GUARANTEED
DAYS $ $
5.B Aircraft Mechanic (Sherpa and other WCF fleet) GUARANTEED
DAYS $ $
5.C Aircraft Mechanic (Sherpa and other WCF fleet) GUARANTEED
DAYS $ $
5.D Aircraft Mechanic (Sherpa and other WCF fleet) ESTIMATED
DAYS $ $
5.E Aircraft Mechanic (Sherpa and other WCF fleet) ESTIMATED
DAYS $ $
5.F Basic Aircraft Mechanic ESTIMATED
DAYS $ $
5.G Aircraft Technical Records Administrative Support GUARANTEED
DAYS $ $
5.H Parts Helper GUARANTEED
DAYS $ $
5.I Lead Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
5.J Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
5.K Basic Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
5.L Aircraft Technical Records Administrative Support Overtime Rate
ESTIMATED
HOURS $ $
5.M Shop Labor at CRS Facility, Maintenance (Normal Duty hours) 1,2,3
ESTIMATED
HOURS $ $
5.N Shop Labor at CRS Facility, Maintenance (Overtime Rate) 1,2,3
ESTIMATED
HOURS $ $
5.O Shop Labor at CRS Facility, Avionics (Normal Duty Hours) 1,2,3
ESTIMATED
HOURS $ $
5.P Shop Labor at CRS Facility, Avionics (Overtime Rate) 1,2,3, ESTIMATED
HOURS $ $
5.Q After Hours Callout at any location ESTIMATED
EVENTS $ $
5.R Parts Mark Up 5
ESTIMATED
$100,000
PERCENT
MARKUP (Cost Plus)
5.S Miscellaneous Shop Supplies 4 ESTIMATED $25,000
PERCENT
VALUE $ $
5.T Travel to be Ordered via Task Order at the time the need becomes known 6
Option 4: ESTIMATED TOTAL
Option 5: April 1, 2024 – August 31, 2024
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED
AMOUNT
6.A Lead Aircraft Mechanic
GUARANTEED
DAYS $ $
6.B Aircraft Mechanic (Sherpa and other WCF fleet) GUARANTEED
DAYS $ $
6.C Aircraft Mechanic (Sherpa and other WCF fleet) GUARANTEED
DAYS $ $
6.D Aircraft Mechanic (Sherpa and other WCF fleet) ESTIMATED
DAYS $ $
6.E Aircraft Mechanic (Sherpa and other WCF fleet) ESTIMATED
DAYS $ $
6.F Basic Aircraft Mechanic ESTIMATED
DAYS $ $
6.G Aircraft Technical Records Administrative Support GUARANTEED
DAYS $ $
6.H Parts Helper GUARANTEED
DAYS $ $
6.I Lead Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
6.J Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
6.K Basic Aircraft Mechanic Overtime Rate ESTIMATED
HOURS $ $
6.L Aircraft Technical Records Administrative Support Overtime Rate
ESTIMATED
HOURS $ $
6.M Shop Labor at CRS Facility, Maintenance (Normal Duty hours) 1,2,3
ESTIMATED
HOURS $ $
6.N Shop Labor at CRS Facility, Maintenance (Overtime Rate) 1,2,3
ESTIMATED
HOURS $ $
6.O Shop Labor at CRS Facility, Avionics (Normal Duty Hours) 1,2,3
ESTIMATED
HOURS $ $
6.P Shop Labor at CRS Facility, Avionics (Overtime Rate) 1,2,3, ESTIMATED
HOURS $ $
6.Q After Hours Callout at any location ESTIMATED
EVENTS $ $
6.R Parts Mark Up 5
ESTIMATED
$100,000
PERCENT
MARKUP (Cost Plus)
6.S Miscellaneous Shop Supplies 4 ESTIMATED $25,000
PERCENT
VALUE $ $
6.T Travel to be Ordered via Task Order at the time the need becomes known 6
Option 5: ESTIMATED TOTAL
1 These are Hourly Shop Labor Rates at the contractor’s Repair Station Facility.
2 All labor for Scheduled Inspections to be performed in accordance with approved inspection program as supplied by the USFS for the applicable airframe.
3 All unscheduled or additional labor shall be identified as an individual discrepancy with estimated cost approved by the government prior to the work being performed 4 Consumables used in the course of the maintenance being performed not charged as flat-rate or parts. Enter rate offered times estimated quantity 5 All parts and subcontracted services shall be paid for at a maximum of actual cost plus the percentage indicated below 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.
Enter rate offered times the estimated quantity to get extension. Parts Mark Up will be capped at 15% up to a part cost of $10,000.00 with a high end cap of $1,500.00 per subcontract or per part purchased unless approved in advance by the Contracting Officer.
6 Travel: All authorized travel expenses shall be reimbursed in accordance with the current Federal Travel Regulation (41 CFR 300-304).
B.2 SCOPE
(a) The intent of this solicitation is to obtain commercial aircraft maintenance services for Government owned and operated aircraft. Maintenance support will be based predominantly out of Redmond, Oregon, with work completed at other Primary and Secondary locations for up to ten (10) Shorts SD3-60 Sherpa aircraft. The Contractor will be required to support maintenance on other USFS Fleet aircraft as directed by the Government.
The U.S. Forest Service has had fifteen (15) C-23B+ Sherpa aircraft transferred from the U.S. Army as part of the National Defense Authorization Act (NDAA) of 2014. Ten of these aircraft have been FAA certificated as Short Brother SD3-60s. The U.S. Forest Service (FS) operates these aircraft, as well as two De Havilland DHC-6 Twin Otters, in support of the FS Smokejumper program. The primary use of these aircraft will be to deliver smokejumpers and cargo to wildland fires and provide other multi-mission capabilities including transporting crews, teams, and cargo.
The goal in operating the SD3-60 aircraft is three pronged; continue to meet current smokejumper mission requirements, enhance the effectiveness of the Smokejumper Program while maintaining the highest safety outcomes in a very challenging environment, and to provide multi-role wildfire mission support to the interagency fire community. With the majority of the future smokejumper aircraft fleet being SD3-60 Sherpa aircraft, efficiencies will be achieved through fleet standardization.
The smokejumper aircraft fleet will be operated under the concept of a Government Owned/Mixed Operated (GOMO) model. In this model, the aircraft are owned by the FS and maintained by a mix of FS and contractor maintenance specialists. The GOMO concept ensures that the SD3-60 Sherpa aircraft are fully staffed throughout the field season. Operations in 2019 consisted of operating four aircraft starting in April, 2019. Beginning in 2020 and beyond, operations will consist of the ten aircraft being operational.
Maintenance will occur at Forest Service hangar facilities in Redmond, OR as the Depot, and at the assigned smokejumper bases. Mechanics will be dispatched to Primary or Secondary locations as needed.
Travel may be provided on government owned or contracted aircraft. The parts inventory is also maintained at Redmond, OR. Supply items not available through Redmond will be purchased through contracts.
As the Forest Service will be operating 10 of the SD3-60 aircraft across the locations specified there is defined organizational structure, training, inspection procedures as well as other organizational attributes that come with the FAA certified repair station (CRS) requirement which do add value for the Forest Service. The CRS requirement is for the offerors home location only and is not required to be used for accomplishing work in locations away from their home location.
(b) Services Requested
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) 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.
(c) The Government has Interagency and Cooperative Agreements with other Federal and State entities and services and supplies authorized under this contract may be procured to support other interagency partners. The Contracting Officer must approve each request for services from other Government agencies.
(d) The establishment of a good working relationship between the Contractor and Government is essential to the success of this contract. The Contractor’s employees' cooperation, professionalism, and positive attitude are required to establish the necessary relationship that must exist to successfully perform under this contract.
B.3 CERTIFICATIONS
(a) The Contractor shall hold an FAA Certified Repair Station with either an appropriate class or limited rating and a capabilities list. The Shorts SD3-60 Sherpa shall be added to the CRS within 4 months of contract award. The Contractor shall hold either an appropriate class or limited rating with a capabilities list for any other individual make and model of aircraft, engine, propeller, rotor, appliance, or component part to be maintained as identified in Section B.1. Contractor shall be approved on their FAA Operations Specifications for D100 – Work Performed at a Place Other than the Repair Station’s Fixed Location for the limited circumstances when this will be required.
(b) When work is accomplished under its CRS, the Contractor(s) 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.
(c) All maintenance must be performed and recorded in accordance with 14 CFR Parts 39, 43, 91, and 145 (when applicable).
(d) Manufacturer’s instructions and manuals, USDA Forest Service supplements to those instructions and manuals, applicable FAA Airworthiness Directives, and service instructions considered mandatory by the aircraft or component manufacturer shall also be adhered to unless otherwise ordered by the Contracting Officer.
(e) When work is subcontracted through its CRS, 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 in accordance with 14 CFR Part 145.217. The Government shall approve any subcontracted service and may audit that facility prior to the Contractor's obtaining that service. The Government may request the Contractor to subcontract hot sections and/or propeller overhauls until such time as the Government can put contracts in place to support these specific maintenance events.
B.4 PERSONNEL
(a) The Contractor shall appoint one Lead Mechanic as primary point of contract at the Redmond, Oregon facility. That individual shall have the ability to represent the Contractor in all matters except those that affect time or price.
(1) Lead Aircraft Mechanic shall possess the following Experience and Qualifications:
(i) 14 CFR 65 Certificated Airframe and Power plant Mechanic;
(ii) A minimum experience of 5 years maintaining the Shorts SD3-60 Sherpa or derivative aircraft. At least one year of the experience must have been within the last 5 years;
(iii) Designated as an Inspector on the Contractor’s FAA Certified Repair Station;
(iv) Documented experience and/or training in Pratt & Whitney (Canada) PT6A-65AR Engine; and,
(v) Documented training and/or experience showing the ability to rig, function test, and troubleshoot SD3-60 systems; determine when they are operating properly or whether portions of the system must be repaired or replaced; and the type and extent of adjustment and alignment needed.
(2) Lead Aircraft Mechanics shall be capable of satisfactorily performing a minimum of the following duties:
(i) Interface with USFS personnel in leading contract maintenance personnel and assist in fleet maintenance forecasting and scheduling;
(ii) Be knowledgeable of the forecasted maintenance schedule, able to communicate it to subordinates, and follow all federal facility established policies and procedures;
(iii) Demonstrate or explain proper techniques, method of operation, and safety practices;
(iv) Observe performance and work with the Contractor employees, leaders, or supervisors to resolve problems;
(v) Responsible for the supervision and completion of all scheduled and unscheduled maintenance on aircraft under the contract in accordance with Forest Service direction;
and,
(vi) Review aircraft status sheet to accomplish aircraft maintenance IAW the aircraft’s maintenance program and applicable technical publications.
(b) Aircraft Mechanic (Sherpa and other WCF fleet as needed)
(1) Aircraft Mechanics shall possess the following Experience and Qualifications:
(i) 14 CFR 65 Certificated Airframe and Power plant Mechanic,
(ii) A minimum experience of 3 years maintaining SD3-60 aircraft. At least one year of the experience must have been within the last 5 years.
(ii) Documented experience and/or training in Pratt & Whitney (Canada) PT6A-65AR Engine,
(iv) Documented training and/or experience showing the ability to rig, function test, and troubleshoot SD3-60 systems. Data to show this shall be in the form of training certificates and On the Job Training (OJT) records or other data acceptable to the government.
(2) Aircraft Mechanics shall be capable of satisfactorily performing all scheduled and unscheduled maintenance assigned including:
(i) Interface with USFS personnel in a cooperative manner;
(ii) Follow all federal facility established policies and procedures;
(iii) Perform proper techniques, methods of operation, and safety practices for aircraft and equipment used;
(iv) Work with the Lead Mechanic and USFS employees to resolve problems;
(v) Responsible for the completion of all scheduled and unscheduled maintenance on aircraft under the contract in accordance with Forest Service direction; and
(vi) Review aircraft status sheet to accomplish aircraft maintenance IAW the aircraft’s maintenance program and applicable technical publications.
(b) Basic Aircraft Mechanic
(1) Aircraft Mechanics shall possess the following Experience and Qualifications:
(i) 14 CFR 65 Certificated Airframe and Powerplant Mechanic and have held that certificate for a minimum of 3 years;
(ii) Documented experience and/or training in Pratt & Whitney (Canada) PT6A Engine;
and
(iii) Documented training and/or experience showing the ability to rig, function test, and troubleshoot general aviation small aircraft systems. Data to show this shall be in the form of training certificates and On the Job Training (OJT) records or other data acceptable to the government.
(2) Basic Aircraft Mechanics shall be capable of satisfactorily performing all maintenance assigned including:
(i) Interface with USFS personnel in a cooperative manner;
(ii) Follow all federal facility established policies and procedures;
(iii) Perform proper techniques, methods of operation, and safety practices for aircraft and equipment used;
(iv) Work with the Lead Mechanic and USFS employees to resolve problems; and
(v) Review aircraft status sheet to accomplish aircraft maintenance IAW the aircraft’s maintenance program and applicable technical publications.
(c) Aircraft Technical Records Administrative Support
(1) Administrative Support shall possess the following Experience and Qualifications:
(i) A minimum experience of 2 years maintaining aircraft technical records or experience with a computerized maintenance tracking system;
(ii) The position requires superior written and verbal communication skills with proficiency in Microsoft Office (Word, PowerPoint, Excel, etc.); and
(iii) The position requires the use of Forest Service provided software (currently Pentagon 2000) and is expected to be proficient in its use within 90 days of contract award.
(2) Aircraft Technical Records Administrative Support person shall be capable of inputting maintenance events and forecasting future maintenance.
(d) Parts Clerk
(1) Parts Clerk shall possess the following Experience and Qualifications:
(i) A minimum experience of 2 years maintaining a records database or experience with a computerized inventory tracking system;
(ii) The position requires good written and verbal communication skills with proficiency in Microsoft Office (Word, PowerPoint, Excel, etc.); and
(iii) The position requires the use of Forest Service provided software (currently Pentagon 2000) and is expected to be proficient in its use within 180 days of contract award.
(2) Parts Clerk shall be capable of inputting filling orders, receiving and issuing parts. Packaging and shipping parts and materials as needed.
B.5 TECHNICAL REQUIREMENTS
(a) The Contractor’s Certified Repair Station facility must be a permanent hanger that is environmentally controlled, secure from unauthorized persons, and capable of completely housing a Shorts SD3-60 Sherpa. The CRS must be located in the continental US within 800 nautical miles/4.5 hours flight time (single flight without refueling) of a SD3-60 Sherpa of Redmond, Oregon.
(b) All maintenance shall be performed in accordance with the applicable Federal Aviation Regulations.
The Government operates their aircraft in accordance with 14 CFR Part 91 and Forest Service Policy.
(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 and computerized databases. Aircraft records shall be maintained in accordance with AC43-9C or later revision.
(e) Scheduled Inspections shall be accomplished in accordance with the applicable FAA approved Owner Established inspection program, or manufacturer inspection program(s) as applicable, unless otherwise directed by the government.
(f) The contractor shall submit a detailed invoice of charges, maintenance status record and/or document copies to the CO, COR, and Regional Aviation Maintenance Inspector in a timely manner following maintenance. This information shall be properly documented, signed and is to include; copies of any new weight and balance revisions, FAA form 337 and other supporting documentation as required.
(g) The Contractor shall allow Government personnel access to the contractor’s facility and/or aircraft during working hours for the purpose of monitoring maintenance.
B.6 PARTS AND MATERIAL
(a) Parts required to support orders for service will be furnished by the Government or by the Contractor at the Government’s option. The Government will order parts on a task order basis as stated on the delivery order.
(b) Parts, components, and materials utilized shall be approved by the Federal Aviation Administration, Manufacture and/or the USDA Forest Service. All parts and components shall be accompanied with 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.
(c) 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 FAR 52.245-1 Alternate 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 Government furnished property (aircraft parts and accessories) to be managed.
(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 record as “previously complied with” all Service Bulletins or Airworthiness Directives that have been found to be previously accomplished but not recorded and the specific method or action that shows compliance.
(d) All maintenance performed shall be recorded in accordance with Federal Aviation Regulations Part 43 and Federal Aviation Regulations Part 91, including aircraft time-in-service and hour- meter readings.
(e) All repairable parts or components removed for replacement shall be identified and documentation attached, as to the aircraft 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.
B.8 INSURANCE REQUIREMENTS
(a) The Contractor shall be liable and responsible for Government property in their possession. At a minimum, the Contractor shall have $8,000,000 hangar keepers insurance coverage to cover the replacement cost of the Government aircraft.
B.9 GOVERNMENT FURNISHED PROPERTY
The Government may deliver to the Contractor the following Government furnished property.
Serial numbers, part numbers, and estimated values shall be provided with orders for services based on the GFP being provided with the order.
US Forest Service Fleet Aircraft and other Property
Shorts SD3-60 Sherpa “N” Number SN# Value
N110Z 93-1325 $8,000,000 N114Z 93-1324 $8,000,000 N142Z 94-0307 $8,000,000 N145Z 94-0311 $8,000,000 N148Z 94-0314 $8,000,000 N161Z 93-1328 $8,000,000 N162Z 93-1317 $8,000,000 N163Z 93-1332 $8,000,000 N174Z 93-1326 $8,000,000 N176Z 93-1327 $8,000,000 Forest Service aircraft listed in B.1 Other Government aircraft as need arises Hand tool at Redmond, special tooling and ground support equipment at Forest Service facilities.
Miscellaneous parts and accessories
B.10 GOVERNMENT RESPONSIBILITIES.
The Government shall:
(a) Attempt to give the Contractor at least 5 calendar days’ notice prior to requiring additional field personnel or delivery of any aircraft for scheduled maintenance. However, there may be instances where the Government cannot meet this time frame.
(b) Negotiate a reasonable period of performance for each task order for completion of work for each order.
(c) Provide records that reflect the status of the aircraft at the time of delivery to the Contractor’s facility.
(d) Provide detailed information regarding the GFP provided to the Contractor.
(e) Identify the Aviation Maintenance Inspector for the particular project.
SECTION C
CONTRACT CLAUSES
C.1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS
(DEVIATION 2017-1) (OCT 2018)
(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 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.
(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, 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 amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at 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 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work 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.
(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; 10 U.S.C. 2409 relating to whistleblower protections; 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 Use 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,…
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