Solicitation_12639518Q0117.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror to Complete Blocks 12, 17, 23, 24, & 30

7.

For Solicitation Information Call:

Delivery for FOB Destination Unless Block is Marked.

12. Discount Terms

USDA APHIS MRPBS-ASD

250 Marquette Ave Suite 410 Minneapolis, MN 55401

Unrestricted

Set-Aside 100% for

N/A

RFQ

Same as block #9

17a.

Contractor/Offeror

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule B

25. Accounting and Appropriation Data

26. Total Award Amount (For Govt. Use Only)

are not included

27b. Contract/Purchase Order incorporates by reference FAR 52.212-4, 52.212-5 is attached. Addenda are are not attached

28.

Contractor is required to sign this document and return copies to

29.

Award of Contract: Reference.

Offer

Issuing Office. Contractor agrees to furnish and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

Dated

. Your offer on Solicitation (Block 5), including any additions or changes which are set forth herein, is accepted as to items:

31c. Date Signed

32a. Quantity in Column 21 Has Been

Received

Inspected

Accepted, and Conforms to the Contract, Except as Noted: ________________________

32g. E-mail of Authorized Government Representative

Complete

Partial

Final

Partial

Final

STANDARD FORM 1449 (REV. 4/2002)

(B) CONTINUATION OF BLOCKS 19-24 FROM SF 1449

Part 1- The Schedule of Items

The United States Department of Agriculture (USDA) Animal, Plant, and Health Inspection Service (APHIS) Wildlife Service (WS) has a need to fir maintenance and inspections on the following agency helicopter based in Spanish fork UT:

Engine Manufacturer: Rolls Royce

Aircraft Model: Hughes, OH-6A, 369A

Serial Number: 66-16076 Tail Number: N6640Z Airframe Year: 1966

Engine Year: 1999

CLIN 001 Ordering Period One – Date of Award through September 30, 2018

Qty

A

B 100 hour inspection w/out parts

300 Hour Inspection w/out parts

w/out parts

CLIN 002 Ordering Period Two – Date of October 1, 2018 - September 30, 2019

Qty

w/out parts

CLIN 003 Ordering Period Three – Date of October 1, 2019 - September 30, 2020

Qty

w/out parts

CLIN 004 Ordering Period Four – Date of October 1, 2020 - September 30, 2021

Qty

w/out parts

CLIN 005 Ordering Period Five – Date of October 1, 2021 - September 30, 2022

Qty

w/out parts

CLIN 006 Ordering Period Six – Date of October 1, 2022 – April 30, 2023

Qty

w/out parts

Total $______________

Schedule Notes:

1) This Request for Quote for commercial items is being conducted in accordance with FAR Subpart 13.5 test program procedures for commercial items. Simplified acquisition procedures will be followed.

2) The quantities as listed in the “Schedule of Items” are estimated requirements for this contract period. The Government estimates, but does not guarantee, the volume of purchases under this contract. The USDA, APHIS attempts to be as accurate as possible when providing estimated quantities, however, actual quantities required may vary from the quantities listed. During the period of performance of the contract, the number of aircraft may vary. Other than the minimum contract amount stated in AGAR clause 452.216-73 below, no guarantee is given as to the actual number of inspection hours, hourly labor or parts required during the term of this contract.

3) Line items (A-D) are firm fixed price indefinite delivery indefinite quantity. Line items (E-H) are time and material line items and are reimbursable only based upon the actual costs for labor hours or the parts/supplies utilized. The costs for these line items shall be the contractor’s fully burdened rates. Therefore, the costs of the contractor’s parts shall include their material handling costs. The pricing for the parts shall vary depending on the type of part, whether it is new, overhauled, or serviceable part.

4) Repairs are to be performed as firm fixed price. For any scheduled or unscheduled repairs the contractor must provide the USDA, APHIS, WS program representative a firm fixed priced quote based on their assessment of the repairs to be completed. Once the quote has been reviewed and approved by the USDA, APHIS, WS program representative, the contractor can proceed with the repairs.

5) On rare occasions travel may be required to perform the services outlined in the Statement of Work if the helicopter is inoperable due to mechanical issues and cannot be flown to the Contractors facility. Travel must be authorized in advance by the Contracting Officer Representative. If travel is authorized, travel is subject to the limitations established in Federal Travel Regulations (FTR). See the below website for information on the FTR.

https://www.gsa.gov/portal/ext/public/site/FTR/file/FTRTOC.html/category/21865/hostUri/portl https://www.gsa.gov/portal/content/104877

6) The Service Contract Act Department of Labor Wage Determination

Applicable Service Contract Act Wage Determination(s) will be required under this contract. The contractor shall be responsible for obtaining the wage determination applicable to the location of their facility. The applicable Service Contract Act Wage Determination can be obtained from the Department of Labor website at http://www.wdol.gov/sca.aspx#0 See occupation category 23000 – Mechanics and Maintenance and Repair Occupations. The definitions of each labor category can be found at:

https://www.dol.gov/whd/regs/compliance/wage/SCADirV5/SCADirectVers5.pdf Part 2- Statement of Work (SOW)

2.1 Background: To protect U.S. agricultural and natural resources, a primary responsibility of the USDA’s WS is to provide Federal leadership and expertise to resolve wildlife conflicts and create a balance that allows people and wildlife to coexist peacefully.

2.2 Scope of work: As a way of accomplishing their mission, the USDA, APHIS, WS has a requirement for the inspections and maintenance of the following helicopter: Hughes OH-6A, tail number N6640Z.

2.3 Contract Type: Indefinite Delivery/Indefinite Quantity (IDIQ) with time and material line items. This type is used due to not being able to determine, above a specified minimum, the precise quantities of supplies or services that the government will require during the contract period.

2.4 Contractor Requirements: The Contractor must comply with all state statutes that pertain to aircraft repair facilities and services in the state where they are located.

The Contractor must specifically comply with Federal Aviation Regulations Part 91-409 subsections (E) and (F). The helicopter shall be maintained and repaired in accordance with Federal Aviation Regulations parts 21, 23, 39, 43, 91 and 135.

All maintenance must be performed at a MRO facility and must be repaired according to Hughes OH-6A Helicopter Maintenance Instructions (HMI). The mechanic must have an FAA Airframe and Power Plant certificate issued by the FAA, and with experience working on the Hughes OH-6A/369 helicopters.

The Contractor shall provide technically competent aircraft maintenance personnel to perform the inspections, maintenance, and repairs of all work ordered under the contract. The Contractor shall utilize a system of quality control to assure that all work performed under this contract complies with Federal Aviation Regulations.

The Contractor will also perform corresponding or incidental repairs related to or detected during maintenance procedures. When required the engine shall be overhauled and/or remanufactured at manufacturer’s factory and according to manufacturer’s standards. The engine shall be new and direct from the factory, with no hours on it and come with a complete manufacturer’s warranty. In the event repairs are necessary, the Contractor shall make recommendations identifying the most cost effective and advantageous means to accomplish such repair work.

2.4 Emergency and After Hours Repairs: The Contractor must have a certified mechanic on duty or on call 24 hours a day and 7 days per week to provide emergency repairs or maintenance to keep or make the helicopter airworthy. The certified mechanic must have an FAA Airframe and Power Plant certificate. The mechanic must be able to be contacted by the pilot and/or the USDA, WS office, or the WS State Director through a telephone forwarding system or by cellular telephone at any time.

2.5 Facilities, Equipment and Inspection Data: The Contractor must maintain a repair facility appropriate in size and layout and properly equipped for maintenance and repairs of the respective helicopter that needs service under this contract.

All appropriate manuals, directives and bulletins for the respective helicopters under this contract must be maintained on site by the Contractor.

Contractor must own or have available the necessary tools or be able to obtain the necessary tools so the work is completed within the required timeframes, including a rotor tracking and balancing unit (Chadwick or comparable), a Barfield tester, and all other testing equipment necessary to ensure the level of service provided meets all Federal Aviation Administration and Federal Aviation Regulations requirements.

The Contractor SHALL NOT subcontract any portion of the maintenance or repair work without prior notification, in writing, to USDA, APHIS, WS.

2.6 Accessibility: The USDA, APHIS, WS reserves the right to inspect the facility, or designate representatives, for adequate maintenance capability before the contract is awarded and during the term of the contract during regular business hours.

The helicopter must be accessible to WS personnel while it is hangered at the Contractor’s maintenance facility. The mechanic/repair log books shall be accessible to the pilot and the WS State Director. The pilot’s log book shall be accessible to the mechanic/repair facility and the State Director.

2.7 Employee Training/Qualifications: The repair facility shall have at least one certified mechanic to perform the inspections, repair, and maintenance for the respective helicopter in order to accomplish the work of this contract within the specified timeframes indicated. It is highly preferable the facility have two certified mechanics to ensure that the helicopter will be repaired without undue down time even during after hour’s emergencies or unanticipated heavy workloads. The certified mechanic must have an FAA Airframe and Power plant certificate. The maintenance facility will need to have personnel readily available or on staff with an A&P certificate with FAA Inspection Authorization in order to sign off annual inspections so the work is completed within the required timeframe.

2.8 Communication: The mechanic(s) and USDA, WS pilot must maintain a professional dialogue about the condition and airworthiness of the helicopter at all times. The mechanic(s) and pilot shall keep the WS State Director abreast of their respective roles in the maintenance and repairs and piloting of the helicopter.

2.9 Agency Responsibilities: The USDA, APHIS, WS will advise and keep the Contractor informed of upcoming and specified inspections based on agency usage.

2.10 Delivery of Services: The helicopter will be delivered to and picked up from the Contractor’s maintenance facility by the APHIS, WS pilot. Maintenance facility will use an APHIS, WS helicopter pilot and/or WS Airworthiness Inspector for all run-ups and test maintenance flights.

2.11 Parts, Labor Rates, and Warranty:

2.11.1 Parts: The contractor will furnish the parts and materials necessary to complete job requirements. Contractor provided parts will be charged at the CONTRACTOR’S COST, plus markup. All parts shall have, at a minimum, the standard warranties. Parts shall be new or, when authorized in writing by the Contracting Officer’s Representative (COR), overhauled by an approved FAA repair station. When parts are replaced on a WS helicopter, the parts will be returned to the government or used as a trade-in, in which case credit will be given to the government for the core value of the parts equal to industry standards. All parts or components which fail inspection or are nonconforming need to be replaced in accordance with FAR 52.212-4(a).

2.11.2 Labor: Charge for labor will be per hour and shall be at a fully burdened fixed hourly charge.

2.11.3 Warranty: All service shall have, at a minimum, a 90-day warranty.

2.12 Transportation Expenses: The cost of transporting the helicopter to and from the Contractor’s facility shall be the responsibility of the Government.

2.13 Contractor Liability: The Contractor is liable for any damages, losses, or injuries to people and property which occur as a result, directly or indirectly, from work performed by the contractor’s employees and subcontractors while under contract with USDA/APHIS. The Contractor must immediately notify the Contracting Officer, of any damages, losses, or injuries occurring during the performance of any contract with USDA.

2.14 Insurance Requirements: The Contractor will be required to obtain and maintain for the duration of the contract, at its cost and expense, primary insurance coverage. A Certificate of Insurance, indicating compliance with the required coverage, shall be submitted the USDA, APHIS, AAMD contracting officer in Minneapolis, Minnesota and a copy to the USDA, WS program contact person.

A contract will not be issued to a contractor that fails to submit insurance certification as specified herein prior to award of the contract. This insurance coverage must be valid for the entire contract period. The Contractor is responsible for sending proof of insurance annually to the contracting officer if the options are being exercised on the contract.

2.15 Inspection Time Frames: As to not cause any delays, the inspections and maintenance shall be completed within five (5) calendar days from the date the helicopter is delivered to place of performance. If repairs are necessary, the contractor needs to contact the USDA, WS with an estimate and come to an agreeable time frame for completion of the repairs.

2.16 Government Roles and Responsibility: The contracting officer will designate a Contracting Officer’s Representative (COR). The COR is responsible for administering the performance of work under this contract. In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be binding upon the government unless a written documentation is executed by the contracting officer.

2.17 Task Orders: Funding will be obligated on the contract via a task order. Funding will be provided as a fixed amount for the inspection services but will be provided in a bulk not to exceed amount for hourly labor repair services and parts. Repair services and parts may also be paid for on a government purchase/credit card.

The Contracting Officer may provide funding under this contract obligating funds for the procurement of repairs and parts prior to the Government needing delivery of said ordered quantities. The COR or designated WS person will be allowed to coordinate services and schedule specific delivery and performance dates and quantities up to, but not exceeding the total quantity authorized by the Contracting Officer.

The following individual will be the COR for the contract: Paul Child.

2.18 Invoices and Payment Information: The USDA, APHIS uses the Invoice Processing Platform (IPP) for electronic submission and tracking of invoices and payment information to its suppliers of goods and services. Invoices shall be submitted electronically to the IPP invoicing system. The contractor will register at Enroll at https://ipp.gov Invoices must be prepared in accordance with 52.212-4 (g). Invoices must be supported with a summation of the actual hours expended and copies of all invoices for parts used in the repair.

Credit card purchases are allowed under this contract. The USDA, APHIS Contracting Officer will provide authorization and the names of the individuals with authorization for credit card purchases under this contract. The authorization will be in the form of written verification via email.

2.19 Safety and Security Requirements:

a. In accordance with the USDA regulations, all contractor personnel performing work under this contract will be required to have a Background Investigation (BI) with no less than favorably adjudicated returned results. The BI will be required prior to starting work under this contract as well as maintaining it throughout the duration of the contract. The CONTRACTOR shall provide only fully qualified and properly cleared employees for the work to be performed under this SOW. The contractor shall, through their own internal background investigation protocol and pre-employment investigation, ensure that each employee submitted for a background investigation is reasonably expected to receive a favorable adjudication of their respective investigations and training.

b. The USDA, APHIS will pay for the required background investigations. The government shall have and exercise full and complete control over granting, denying, withholding, or termination the background investigation clearance for employees.

c. Once approved and working under the contract, contractor personnel shall not be removed or diverted from the contract without prior notification to the designated USDA, APHIS, WS representative or Contracting Officer. The Contracting Officer Representative (COR) will work with HR Classification to determine the level of background investigation for those prime and/or subcontractor employees consistent with those position sensitivity designations in the Homeland Security Presidential Directive (HSPD) 12. The level of background investigation required will depend upon the work of the position and the duties performed. APHIS will determine the appropriate type of BI required under this contract.

d. The contractor shall not employ persons for work on this contract if such employee is considered by APHIS to be a potential threat to health, safety, general well-being or operational mission of USDA and its employees. If the Contracting Officer or COR finds a prospective employee to be unsuitable for his or her assigned duties, the contractor will be advised immediately that such employee cannot continue to work or be assigned to work under the contract.

(1) Contractors shall comply with the personal identity verification (PIV) policies and procedures established by the AGAR Advisory No. 81, Revision 03 dated July 19, 2010 – Common Identification Standard for Contractors. In addition, procedures to be followed by contractors and contractor employees are specified in the Departmental Regulation and Departmental Manual (DM) 4620-002.

(2) The Contractor shall provide to the USDA PIV Sponsor and the Personnel Security Specialist listed below, a list of all contractor and subcontractor employees full name, job title, employer (prime or subcontractor), contract number, performance period and/or the days employee is expected to provide services under this contract for the base year and each period of performance, if applicable, and information on OPM’s background investigation or clearance conducted by the prime or subcontractor and that contractor employees pass the background check.

(3) The Contracting Officer Representative will assist the contractor, where practical, with the background investigation process and the associated paperwork. Where necessary they will provide contractor information to the security personnel and provide information and documents to the contractor. The Contractor shall take full responsibility to ensure that prime and subcontractor employees who require a background investigation complete and submit the proper forms in a timely manner. You can obtain these forms and further guidance from the Personnel Security Specialist who oversees the investigation process for contractors:

USDA, APHIS, MRPBS, HRD

Attn: Security Specialist - Contractors

250 Marquette Ave Suite 410

Minneapolis, MN 55401

Phone: (612) 336-3294

(4) For further information and reference on the USDA personnel security requirements please see the document entitled Agar Advisory 81 entitled “Common Identification Standard for Contractors” at http://www.dm.usda.gov/pdsd/bulletin04-02.pdf

2.20 Wage Determination and Labor Rates: The Department of Labor Service Contract Act applies to this contract.

Task orders will specify the applicable wage determination for the ordering period.

The contractor will be responsible for obtaining the proper wage determination for the location where the work will be performed. The SCA wage determinations can be found at: http://www.wdol.gov/. Please contact the contracting officer if you need assistance in obtaining the wage determination.

PART III – CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (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 the clauses may be accessed electronically at these addresses:

http://www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html

NUMBER TITLE

DATE

52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 52.212-4 Contract Terms and Conditions—Commercial Items

Jan 2017

52.212-4 Contract Terms and Conditions—Commercial Items

Jan 2017

Alt 1 (applicable to the time & material line items)

52.232-40 Providing Accelerated Payments to Small Business

Dec 2013

Subcontractors

52.242-15 Stop-Work Order Aug 1989

52.243-3 Changes—Time-and-Materials or Labor-Hours

Sep 2000 52.246-6 Inspection – Time and Material and Labor Hour

May 2001 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2017)

(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 items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(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 items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (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).

_X_ (8) 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).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Jan 2011) of 52.219-4.

__ (13) [Reserved]

_X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

_X_ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

_X_ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

_X_ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

_X_ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

Employee Class

Monetary Wage – Fringe Benefits

Aircraft Mechanic I - III

Occupation Code 23021 - 23023, WG – 10 – 12

Aircraft Mechanic Helper

Occupation Code 23040

WG – 5

_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 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).

_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi)

52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 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).

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

52.216-18 Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through end of last option period exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $300,000.00;

(2) Any order for a combination of items in excess of $300,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after end of last option period exercised.

52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to contract expiration.

452.216-73 Minimum and Maximum Contract Amounts (Feb 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $20,000.00, but not in excess of $2,000,000.00.

PART IV– PROVISIONS

52.252-1 - Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http://www.acquisition.gov/far/

NUMBER TITLE

DATE

52.204-16 Commercial and Government Entity Code Reporting

Jul 2016

52.209-7 Information Regarding Responsibility Matters

Jul 2013 52.212-1 Instructions to Offerors – Commercial Items

Jan 2017

52.216-31 Time and Materials/Labor Hour Proposal Requirements—Commercial Item Acquisition (Feb 2007) 52.212-3 Offeror Representations And Certifications - Commercial Items (Jan 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision—

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means–

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law…