1202SA21Q9800 Combined Synopsis soliciation.pdf

King Air N182Z Aircraft Maintenance and Inspection

1. THIS IS A COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. SOLICITATION NUMBER- 1202SA21Q9800. This solicitation is issued as a Request for Quotation (RFQ)

3. THE SOLICITATION DOCUMENT AND INCORPORATED PROVISIONS AND

CLAUSES ARE THOSE IN EFFECT THROUGH FEDERAL ACQUISITION

CIRCULAR 2021-06

4. SMALL BUSINESS SET-ASIDE -Total Small Business NAICS -488190 - Aircraft Manufacturing Small Business Size Standard- $35M

CONTRACTING OFFICE

USDA Forest Service, Procurement & Property Services, Incident Procurement Operations, Aviation Branch 3833 S. Development Ave Boise ID 83705

5. CONTRACTOR QUALIFICATIONS MINIMUM - A FAA Qualified - Certified Aviation Repair Facility GENERAL SCOPE - N182Z must undergo mandatory aircraft time life inspection and component overhaul. Required maintenance must be completed to ensure King Air N182Z’s airworthiness. An FAA qualified - certified aviation repair facility is needed to accomplish the following items:

Schedule of Items

Item No. Deliverable Objective Amount

1 Wing bolt re-torque Repair IAW aircraft manufacture’s specifications

2 12 Month inspection of self- illuminating emergency exit signs

Inspect IAW aircraft manufacture’s specifications and replace when the brightness value drops below 100 microlamberts

3 Nose and main landing gear actuator overhaul

Overhaul IAW aircraft manufacturer’s specification

4 4 Blade Hartzell propeller overhaul (2 propellers)

Overhaul IAW propeller manufacture’s specifications

5 Maintenance log entry of inspection, overhaul, and repair

Complete maintenance record keeping meeting CFR standard

Total Quote Amount $

6. DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06. The Government intends to award a single firm fixed price purchase order to the offeror whose quote is most advantageous to the government.

7. PERIOD OF PERFORMANCE – Delivery Schedule- work to be completed within 30 days of receipt of aircraft at repair facility.

8. FAR 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS- FAR

52.212-1 ADDENDUM - Quotations must include:

a. All items on the Schedule of Items Table above in #5;

b. Offeror name, contact information and DUNS Number;

c. Evidence of FAA Certification for Repair Facility.

d. Completed copy of FAR 52.212-2 Offeror Representations and

Certification.

e. All quotes must be valid for 30 days from Response Due Date in #15

f. Quotations must be submitted electronically via email to vicki.keen@usda.gov. Quotes will not be accepted through any other means.

9. FAR 52.212-2, EVALUATION-COMMERCIAL ITEMS;

The Government intends to make a single award to the responsible Offeror whose offer is the most advantageous to the Government considering price and price related factors. The Government intends to award the contract to the eligible, lowest priced technically acceptable (LPTA), responsible offeror. Award will be made upon price reasonableness determination, contractor determination of responsibility within the meaning of FAR Part 9, and acceptance to the provisions set forth herein.

Evaluation of quotes will be conducted on a lowest-priced, technically acceptable basis. All quotes will be evaluated first for technical acceptability on an acceptable/unacceptable basis. A technically acceptable quote is one that demonstrates that the quoted product meets minimum requirements of:

a. An FAA Certified Repair Facility, and;

b. Meets the delivery schedule of work completion within 30 days of receipt of aircraft at repair facility.

10. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--

COMMERCIAL Items is applicable and the quote shall contain a completed copy in their quote;

11. FAR 52.212-4, CONTRACT TERMS AND CONDITIONS--COMMERCIAL

ITEMS (DEVIATION 2017-1): Replace subparagraph (g)(2), paragraph (s), and paragraph (u) of FAR clause 52.212-4. Also, add paragraph (w) to FAR clause 52.212-4:

(g)(2) The due date for making invoice payments by the designated payment office is the later of the following two events:

mailto:vicki.keen@usda.gov

(i) The 10th day after the designated billing office receives a proper invoice from the Contractor. If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 10th day after the date of the Contractor’s invoice; provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or Contractor compliance with contract requirements.

(ii) The 10th day after Government acceptance of supplies delivered or services performed by the Contractor.

(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, Unauthorized Obligations, and Commercial Supplier Agreements - Unenforceable Clauses paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements - Unenforceable Clauses provision.

(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.

(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 commercial supplier agreement (as defined in 502.101) that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or 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 language, provision, or 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 commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

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

(w) Commercial supplier agreements unenforceable clauses.When any supply or service acquired under this contract is subject to a commercial supplier agreement (as defined in 502.101), the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR 12).

(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d) (Disputes).

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise commercial supplier agreement terms: if they are not material. A material change is defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement license terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C.

516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the ordering activity, will be resolved in accordance with subparagraph (d) (Disputes) through the Disputes clause at 552.212-4(d); no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under subparagraph (b) of this clause.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1), the language, provisions, or clause of paragraph (w)(1) shall prevail to the extent of such inconsistency.

12. FAR 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS

(DEVIATION APR 2020, AND DEVIATION JUL 2020) The following clauses are selected in FAR 52.212-5:

i. (b)(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) (Deviation 2017-1), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402)

ii. (b)(2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (Deviation 2017-1), (41 U.S.C. 3509)

iii. (b)(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)

iv. (b)(5) 52.204-10, Reporting Executive Compensation and First- Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C.

6101 note)

v. (b)(9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note)

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

vii. (b (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

viii. (b)(29) 52.222-19, Child Labor—Cooperation with Authorities and

Remedies (DEVIATION 2020) (E.O. 13126)

ix. (b)(30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

x. (b)(31) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

xi. (b)(36) (i) 52.222-50, Combating Trafficking in Persons (OCT

2020) (22 U.S.C. chapter 78 and E.O. 13627)

xii. (b)(45) 52.223-18, Encouraging Contractor Policies to Ban Text

Messaging while Driving (Jun 2020) (E.O. 13513)

xiii. (b) (49) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C.

chapter 83)

xiv. (b)(59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332)

xv. (c) (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-- Requirements (May 2014) (41 U.S.C. chapter 67)

xvi. (c)(7) 52.222-55, Minimum Wages Under Executive Order 13658

(NOV 2015) (E.O. 13658)

xvii. (c)(8) 52.222-62, Paid Sick Leave Under Executive Order 13706

(JAN 2017) (E.O. 13706)

13. 52.223-1 Biobased Product Certification

14. 52.223-2 Affirmative Procurement of Biobased Products Under Service and

Construction Contracts.

15. RESPONSE DUE

07/20/2021 12:00 MT

Quote Submissions Quotations must include all items on the Schedule of Items Table below, and are to be submitted electronically via email to vicki.keen@usda.gov. Quotes will not be accepted through any other means.

16. CONTRACTING OFFICE CONTACT INFORMATION

Vicki L. Keen Vicki.keen@usda.gov 208-696-6065 mailto:Vicki.keen@usda.gov