CO_Schedule_SOW.docx

Item No.

Quantity

Total Price

Fixed wing Aircraft Service as per attached statement of work, Base Period of performance: Award to September 30, 2019.

HR

Base Period of performance: Award to September 30, 2019 for Pilot per diem, if operations require overnight travel

Days

TBD

Ordering Period two: Fixed Wing Aircraft Service as per attached statement of work, Period of performance:

10/01/2019 -09/30/2020 (FY-20)

Ordering Period two: 10/01/2019 -09/30/2020 (FY-20) Pilot- per diem, if operations require overnight travel

Order Period Three: Fixed Wing Aircraft Service as per attached statement of work, Period of performance:

10/01/2020 -09/30/2021 (FY-21)

$71,400.00

$71,400.00

Ordering Period Three: 10/01/2020 -09/30/2021 (FY-21) Pilot per diem, if operations require overnight travel

Ordering Period four: Fixed Wing Aircraft Service as per attached statement of work, Period of performance:

10/01/2021 -09/30/2022 (FY-22)

Ordering Period four 10/01/2021 -09/30/2022 (FY-22) for Pilot per diem, if operations require overnight travel

Ordering Period Five: Fixed Wing Aircraft Service as per attached statement of work, Period of performance:

10/01/2022 -09/30/2023 (FY-23)

Ordering Period Five 10/01/2022 -09/30/2023 (FY-23) for Pilot per diem, if operations require overnight travel

Ordering Period Five: Fixed Wing Aircraft Service as per attached statement of work, Period of performance:

10/01/2023 -12/30/2023

Ordering Period Five 10/01/2023 -12/30/2023 for Pilot per diem, if operations require overnight travel

TOTAL for CLIN’s 01-12 $_____________

Schedule Notes:

(a) The resulting contract will be a firm fixed priced Indefinite Delivery Indefinite Quantity contract(s), therefore hours stated, are only estimates. There will be a 25 hour total contract minimum and no maximum guarantee to hours ordered by the Government under this combined synopsis solicitation.

(b) Offeror shall submit a firm-fixed price per flight hour, for all costs necessary to perform required services as stated in the statement of work. The flight hour price shall include- but not be limited to labor, aircraft, fuels, labor, supervision, equipment and/or transportation.

The price for Per Diem will be a firm fixed, per night price for the pilot’s overnight expenses.

Per Diem will include room, meals and incidental expenses. The rates will be at Federal travel per diem rates for the area of the stay. Per Diem will only be paid when time or weather doesn’t allow the aircraft to return to its designated base of operations..

(c) Task orders may be issued via mail, fax or electronic methods.

C 1.0 STATEMENT OF WORK

The Contractor shall furnish, operate and maintain two fixed-wing aircraft and 2 pilots in accordance with the specifications herein for use by the U.S. Department of Agriculture (USDA), Wildlife Services (WS), in support of aerial predator management activities in North Western Colorado. Counties where work may occur are Routt, Moffat, Rio Blanco, Garfield, Jackson, Grand, Eagle, Pitkin, Mesa Counties and others if the need arises in Colorado.

Flights will be required for coyote predation on livestock and/or wildlife, or for disease monitoring, or to remove invasive species. Flights may not be required for extended periods because of lack of predation or inclement weather conditions, but the aircraft must be available to provide services when needed upon 48 hours’ notice.

The WS may have interagency and cooperative agreements with other Federal, Tribal, State, and County agencies, and private landholders, and may dispatch aircraft under this contract for such cooperative use.

C 2.0 AIRCRAFT AND EQUIPMENT SPECIFICATIONS

The aircraft and equipment provided shall be in accordance with the WS Aviation Operations and Safety Manual, as well as the specifications herein. https://ems-team.usda.gov/sites/aphis-ws/Intranet/Manuals%20and%20Handbooks/Aviation%20Operations%20and%20Safety%20Manual/Aviation_Operations_and_Safety_Manual.pdf

C 2.1 FIXED WING AIRCRAFT

1. The aircraft shall be a Piper Super Cub PA-18, which has:

0. High wing,

0. Two-place, tandem seating,

0. Conventional landing gear (with tail wheel).

1. Single-engine, minimum 150 horsepower.

1. Maneuverable with short takeoff and landing (STOL) characteristics.

1. The aircraft, engine and any “time change” components shall have not less than 300 hours remaining before required overhaul time at the start of the contract.

1. Vortex generators and horizontal/elevator strake required.

C 2.2 STANDARD EQUIPMENT

1. Lap belt and double strap shoulder restraints (per FAR Part 23.785) for both seats with inertial reel for rear seat. Lap belts and shoulder straps will fasten with one single point quick-release mechanism.

1. Left side window with a maximum 22-inch opening capable of being locked open in flight to provide adequate angle of fire for aerial crewmember.

1. Removable rear seat control stick and adequate protection provided for control mechanism (front and rear) and under seat area to prevent foreign objects (ejected shells, etc…) from interfering with the control movement.

1. Protection for, or removal of, rear seat throttle quadrant, to prevent interference with the operation of the throttle by the aerial crewmember.

1. FAA approved emergency locator transmitter (ELT) of the automatic deployable or automatic fixed type meeting the latest Technical Standard Order (TSO). The ELT unit will be attached to the aircraft as far aft as practicable in accordance with FARs.

1. An approved fire extinguisher (meeting DOT requirements and UL listed), a first-aid kit, and an appropriate survival kit as required in WS Aviation Operations and Safety Manual.

1. Adequate equipment and instruments for Visual Flight Rules (VFR) day and night operations in accordance with FARs, including one FAA approved anti-collision beacon.

1. Full electrical system including generator or alternator, battery, and starter.

1. Engine hour meter, recording in hours and tenths or hours and hundredths and activated by an engine oil pressure switch to record engine running time only.

1. Interphone system that provides a means of two-way communication between the pilot and each crew member. Is approved in accordance with 14CFR Chapter 1, Section 21.305. Includes handsets, headsets, microphones, and selector switches that is capable of “hands free” or “push to talk” operation at the gunners’ position.

1. Dedicated VHF communications radio a Government-furnished radio.

1. Auxiliary cabin heat system.

1. Cabin air assembly.

1. Outside air temperature gauge.

1. A sensitive altimeter that is adjustable for Barometric pressure.

1. Heating or deicing equipment for each carburetor or, for a pressure carburetor, and alternate air source.

1. High visibility markings as follows:

16. Outer 4” of face of one blade of propeller

16. Leading edge of wing strut on shooting side.

16. High visibility markings should be of a color that will be visible against the terrain over which the mission is flown. Change of background color during seasonal differences must be considered. Tape may be used on leading edges of wing struts. Paint should be used on the propeller.

C 2.3 AVIONICS SYSTEMS REQUIRED

The following systems shall be furnished, installed, made operable and maintained by the Contractor in the aircraft in accordance with the installation and maintenance standards referenced elsewhere in this contract.

1. Radio Transmitter/Receiver Systems The aircraft shall have:

0. Aircraft shall be transponder equipped with mode C encoder altitude capabilities.

0. One VHF/AM airways communication transmitter/receiver system, 720 channel capability to communicate with all airways communication facilities in the area of operation for this contract, minimum 5 watts transmit carrier power.

0. FAA approved Emergency Locator Transmitter unit (ELT) of the automatic deployable or automatic fixed type meeting the latest TSOs of FAR 37.200 (currently-TSO-C91), attached to the aircraft as far aft as practicable per FAR 91.52(c). The pilot shall insure that each passenger is familiar with the operation of the ELT.

0. Batteries in ELT’s shall be maintained in accordance with FAR 91.52(d) and Advisory Circular AC 00-35A including: legibly marking the expiration date of the battery on the outside of the ELT; using only factory supplied, properly dated batteries and not undated batteries obtained from a local store; and recorded (in the aircraft maintenance log book) the new expiration date for the replacement battery, and the date(s) of compliance with applicable AD notes for the ELT.

2. Audio Control System

0. The installation standards of paragraph 3(b) under Installation and Maintenance Standards shall be carefully followed to avoid noise, interference, and crosstalk in the audio circuitry.

0. The pilots shall be able to talk on all radio communication transmitters and the interphone system with a single microphone plugged into a single microphone jack. This will require a rotary (or equivalent) switch to select only one transmitter system at a time to the pilot’s single microphone jack.

0. The pilot shall be able to listen to all communication receivers and interphone systems with a single headset plugged into a single jack.

0. --The observer’s/gunner’s microphone and headset jack shall be paralleled with the pilot’s jack, except isolation relays shall be provided for the mike circuits, and impedance matching networks for the headphones.

--The observer’s/gunner’s cord shall be routed from the wing root panel with proper length (coil cord) for connection to the headset/microphone/PJ-055 and PJ-068 (to accept a U-174 jack).

0. An override type interphone system shall mix with but not mute selected receiver audio and be operable without regard to the position of the transmitter selector switch. (Interphone push-to-talk switch separate from the transmit push-to-talk switch.)

0. Separate push-to-talk switches for interphone and transmit shall be provided, the pilot’s switches on the control stick and the observer’s/gunner’s switch mounted on the right rear floorboard. The operation of a push-to-talk switch at any one position shall not energize the microphone at any other position.

0. The system shall be designed for 600 OHM headsets, an electric boom-microphone (Gentex Mode 15060 noise-canceling boom microphone, or equal). The system shall also operate with carbon microphones.

3. The Contractor shall furnish, install, make operable and maintain the balance of the system, including the following:

1. The receiver audio, microphone audio, and transmitter keying circuits shall be connected to the aircraft’s integrated audio and transmit selector system (designated Auxiliary), via a control cable from the main wiring harness terminated with a proper plug to accommodate radio make & model.

1. A vertical polarized antenna shall be provided for each radio.

1. Provide 12 volt DC power to radio through a suitable circuit breaker.

C 2.4 AVIONICS INSTALLATION AND MAINTENANCE STANDARDS

1. Particular attention is called to the following FAR requirements:

0. All avionics installation and maintenance and approval of the aircraft for return to service after such installation and maintenance shall be performed by an FAA certified repair station or a manufacturer.

0. All avionics systems shall be installed and maintained in accordance with the manufacturer’s specifications and instructions and shall be made operable and maintained operable to the manufacturer’s specifications.

1. Acceptable methods, techniques and practices for aircraft alterations, inspection and repair are detailed in FAR Part 43 and Advisory Circulars AC 43.13-1A and AC 43.13-2A.

1. The recommendations in AC 43.14-1A Chapter 11 “Electrical Systems” and Chapter 15 “Radio and Electronic Systems,” as well as AC 43.13-2A Chapter 1 “Structural Data,” Chapter 2, “Radio Installation,” Chapter 3 “Antenna Installation,” shall be strictly adhered to. These include, but are not limited to the following:

2. Wire and cable. Wire and cable selected for proper size and the environment they will be subjected to and marked (wire and cable marked with a combination of letters and numbers which identify the wire or cable, the circuit it belongs to, its gauge size or cable characteristics and any other information required to relate the wire or cable to the wiring diagram. Mark at each end at 30 to 38 cm. intervals along the wire or cable. Short wires or cables under 18 cm, mark in the middle. Coaxial cable and wire bundles, install marked sleeving), routed, tied, laced, clamped and protected per AC 43.13-1A Chapter 1.

2. Interference protection. Bonding, Shielding and filtering; per AC 43.13-1A Chapter 15, and in accordance with Appendix 7 of ARINC Specification No. 413. Special care is mandatory in avoiding ground loops and interference coupling in “Category IV Sensitive Wiring” such as microphone circuits, audio output circuits, signal inputs to flight computers, etc.

2. Antenna location. Antennas located to: minimize interaction among radio systems, minimize pickup of electrical interference; minimize obstruction to signal reception by aircraft or aircraft components; and avoid interference with air supply to pilot and instrument static sources; per AC 43.13-2A Chapter 3.

2. Antenna installation. Antennas installed: on metallic skin, with reinforcing plates or doublers; on non-metallic skin or open frameworks, with an aluminum sheet ground plane, properly secured and electrically bonded to the airframe and of adequate size for the frequency of the antenna; per AC 43.13-2A Chapter 3.

2. Antenna type. Antennas to be: weatherproof external antennas; vertically polarized for VHF or UHF communications and ELTs; polarization for navigation and other systems as required by the system; broadband for multi-channel communication systems (with VSWR less than 1.5 to 1 for narrow-band VHF communication antennas, less than 2 to 1 for broadband VHF communication antennas); and as required by the manufacturer of the system for other systems; per AC 43.13-2A Chapter 3.

2. Equipment mounting. Avionics equipment mounting location and installation to: not interfere with flight crew safety space and comfort; be readily accessible for service; provide air circulation for proper cooling; protect from damage, by baggage, by seat deflection, by hazardous fluids or fumes (water, slurry, oxygen, fuel, etc.), by striking other equipment or parts of the aircraft; provide sufficient slack in all cables at units, instruments, and control heads to facilitate their removal and servicing; per AC 43.13-2A Chapter 2.

2. Automated Flight Following (AFF): Automated Flight Following (i.e. SPOT) will be utilized to augment radio communications. AFF will be used at all times. AFF must be initiated (i.e. text message, etc.) before commencing the mission. Furthermore, the State will be monitoring AFF. Portable AFF will be provided by WS and the contractor will be granted access to AFF. The contractor will be provided training per the Aviation Operations & Safety Manual, as well as, any passwords associated with AFF.

C 2.5 CONDITION OF EQUIPMENT

1. The aircraft must comply with its type design. Any modifications shall have either a Supplemental Type Certificate (STC) approval or a Form 337 approval.

1. All surfaces of the wings, empennage and fuselage shall be free of damage. All repairs must be of an approved type so as to return the aircraft to a new, or equal to new, condition. The landing gear shall be maintained in accordance with manufacturer’s specifications. The tires shall be free of cuts and worn areas.

1. All fluid systems in the aircraft shall be free of leaks.

1. All windows and windshields must be clean, and free of scratches that hinder visibility. The aircraft interior must be clean and neat. There must be no un-repaired tears, rips or other damage in the upholstery or headliner. The exterior finish and paint must be clean and in good condition.

1. The instrument and control panels shall be finished with non-reflective paint. Each control and instrument required to be labeled shall be so labeled in accordance with the aircraft’s type design.

C 3.0 PILOT REQUIREMENTS

The pilot provided, shall be qualified in accordance with the Training Policies in the WS Aviation Operations and Safety Manual, in addition to the requirements herein.

C 3.1 PILOT QUALIFICATIONS

1. Pilot must be able to be carded by the Wildlife Services, Aviation Training & Operations Manager.

1. Pilot must be able to pass the required background check.

1. Commercial pilot certificate with current class II medical.

1. 1,500 hours total pilot time.

1. 1,200 hours pilot time in command in single engine land (SEL) aircraft.

1. 200 hours pilot in command (PIC) time in the preceding 12 months, including 50 hours in a similar type aircraft in the preceding 6 months.

1. 100 hours PIC in the same make and model of aircraft to be used on WS missions.

1. 200 hours PIC in low-level operations over typical terrain found in the area of operations, including 50 hours in the preceding 6 months.

1. 250 hours experience as PIC for predator hunting operations or 500 hours PIC for agriculture application operations.

NOTE: Depending on the total experience level of the pilot, pilots that do not meet the recent short-term flying time: requirements, but meet a1l other requirements, may be granted a waiver by the Aviation Training & Operations Manager waving certain short term requirements.

1. PILOT MINIMUM BACKGROUND INVESTIGATIONS Pass a National Agency Check with Inquiries (NACI), background investigation as per the Homeland Security Presidential Directive/HSDP-12, issued August 27, 2004 “The Contractor shall provide to the Contracting Officer Representative (COR), Contracting Officer, or designated responsible individual, a list of all contractor and subcontractor employees full name, job title, employer (prime or subcontractor), performance period, and information on any standard commercial security or background clearances conducted by the prime or subcontractor, and that contractor employees pass the background check. The Contractor shall also identify those contractor and subcontractor employees requiring routine access to federally controlled facilities and/or federally controlled information systems and/or exceed 180 days (6 months). All background or security background clearances must be done one (1) week prior to commencing work. Where this is not practical and the prime or subcontractor require intermittent access to federally controlled facilities or are under the 180 day limit, a temporary quest ID badge will be issued and/or such personnel may be under constant supervision and their access to areas or data may be more restricted.

The COR will submit the list to the Personnel Security Officer of those contractor or subcontractor employees requiring routine access to federally controlled facilities and/or federally controlled information systems and/or exceed 180 days (6 months). The COR will work with HR Classification to determine the level of background investigation for those prime and subcontractor employees consistent with those position sensitivity designations in the Homeland Security Presidential Directive (HSPD) 12. Prime and subcontractor employees identified by HR Classification and coordinated with the Security Personnel Officer to meet this requirement, must complete the appropriate level of government background check; National Agency Check with Inquiries (NACI), Minimum Background Investigation (MBI), or Limited Background Investigation (LBI), and that contractor employees pass the appropriate level of investigation.

A NACI is the basic and minimum investigation required of all new Federal Employees and contractors consisting of searches of the OPM Security/Suitability Investigations Index (SII), the Defense Clearance and Investigation Index (DCII), the Federal Bureau of Investigation (FBI) Identification Division's name and fingerprint files, and other files or indices when necessary. A NACI also includes written inquiries and searches of records covering specific areas of an individual's background during the past five years (inquiries sent to current and past employers, schools attended, references, and local law enforcement authorities). This does not apply to individuals under contract to a department or agency, requiring only intermittent access to federally controlled facilities.

The next level of investigations is for moderate risk positions and is typically referred to as "Public Trust" positions. Personnel occupying moderate risk public trust positions must undergo at the least a minimum background investigation (MBI). Moderate risk positions within this category have the potential for moderate to serious impact on the integrity and efficiency of the service because they involve duties of considerable importance to the agency or program.

The Contractor shall take full responsibility to ensure that prime and subcontractor employees who require routine, long-term (6 months or more) physical access to federally controlled facilities and logical access to federally controlled information systems except for "national security systems" as defined by 44 U.S.C. 3542 (b) (2), or if the nature of the aerial operations being performed by the contractor or subcontractor even if less than 180 days, dictate an elevated background investigation, are required to complete and submit an AD-1197, and HRO Supplement AD-1197 for Contractors Personnel Security Document to the following:

USDA/ APHIS, MRPBS, HRD

Attn: Personnel Security Officer Butler Square, 100 N. 6th Street, Suite 555B Minneapolis, MN 55403-1588

The Personnel Security Staff will validate the level of background investigation required of the employee's position, initiate them into OPM's secure on-line e-QIP portal and will provide further instructions by means of email for completing the electronic questionnaire.”

C 3.2 PILOT AUTHORITY AND RESPONSIBILITY

1. The pilot is responsible for the safe operation of the aircraft and the safety of its occupants and cargo. The pilot may be able to function as a mechanic on his aircraft, as long as both combined duties do not exceed the 8 hour per day limit. Safety requirements, such as preflight, reserve fuel, weight and balance limitations shall be strictly adhered to. The pilot shall refuse any flight or landing which the pilot considers hazardous or unsafe.

1. Pilots must demonstrate the following:

0. Positive flying safety attitudes and habits.

0. Positive attitude regarding requirements and procedures for aerial hunting of predator animals.

0. Emotional stability under the stress of low level aircraft operations required for aerial hunting.

0. Positive personality characteristics required to work and communicate effectively with field personnel and cooperators.

0. Knowledge of and/or willingness to learn predator habits and how to effectively and efficiently hunt them.

0. Ability to safely identify and maintain effective airborne contact with the target animal.

0. Willingness to work unusual hours and lodge at remote field locations.

1. Pilots of single engine aircraft shall be limited to flight during daylight hours and under VFR conditions only. Daylight hours are defined as 30 minutes before official sunrise to 30 minutes after official sunset, or during extended twilight hours when terrain features can be readily distinguishable for a distance of at least one mile.

1. Pilots shall be responsible for reporting daily activities to the WS State Director for the purpose of capturing information for activity data entry into the WS Management Information System.

1. Pilots shall insure that crewmembers or passengers use approved PPE provided by WS as described in C.3.3. below.

C 3.3 GOVERNMENT PROVIDED PERSONAL PROTECTIVE EQUIPMENT (PPE)

1. The pilot shall wear an aviator’s protective helmet equipped with microphone and headset compatible with radio specifications of this purchase order during all flights. The helmet shall be equipped with a chin strap and shall be individually fitted to cover the head, back of the neck and ears.

1. Pilots shall wear long-sleeved flight suit made of fire resistant polyamide or aramid material or equal. Pilots shall wear leather and leather or polyamide or aramid gloves. The shirt, trousers, boots and gloves shall overlap to prevent exposure to flash burns.

1. Pilots shall have available personal protective clothing and equipment for personal use such as snow shoes, parka or heavy jacket, mitts and sunglasses.

C 4.0 FLIGHT OPERATIONS

Flight operations will be conducted in strict compliance with the WS Aviation Operations and Safety Manual, the Federal Aviation Regulations, Federal Airborne Hunting Act, and any applicable State and local laws.

Federal Aviation Regulations: http://www.faa.gov/regulations_policies/faa_regulations/ Federal Airborne Hunting Act: https://www.fws.gov/le/USStatutes/Airborne%20Hunting.pdf

C 5.0 INSPECTION AND ACCEPTANCE

C 5.1 PRE-USE INSPECTION OF EQUIPMENT

1. The Contractor shall make its equipment available for inspection at the designated base of operations or other location acceptable to the Government at a mutually agreed upon time not later than 24 hours prior to the established reporting date. At the time of inspection the aircraft shall (1) be properly certified and registered by the FAA, and (2) comply with all specifications set forth herein.

1. If the aircraft meets all requirements of the contract, an Aircraft Data Card (APHIS Form 150) authorizing use of the equipment will be issued by the Contracting Officer or his/her designated representative. The Aircraft Data Card shall be with the aircraft at all times.

C 5.2 INSPECTION OF PERSONNEL

1. Upon request, the Contractor shall promptly submit completed pilot (and mechanic, if applicable) information forms for all personnel that may be utilized under this contract. Information from these forms will be used in evaluating the pilot's and mechanic's qualifications. Only those individuals whose past experience can be verified will be considered for use on this contract.

1. Pilot performance evaluation will be conducted when determined necessary by the Aviation training & Operations Manager to further verify the pilot's ability to perform on this contract. The aircraft used for this evaluation shall be the same type and model as offered for this contract and will be provided by the Contractor for the evaluation flights at the Contractor's expense. Location of the evaluation flights should include access to terrain similar to that to be flown during the contract period when possible.

1. Location and time of evaluation flights shall be the same time as established for aircraft inspection. The determination as to the ability of the pilot, through an evaluation flight, to successfully meet the requirements of this contract will rest with Government. Evaluation flights will be conducted at a minimum of once per year.

C 6.0 DELIVERIES OR PERFORMANCE

C 6.1 NOTICE OF PERFORMANCE

The Contractor shall report as scheduled on an as-needed basis during the contract period. Services required will be coordinated in advance.

C 6.2 AVAILABILITY OF SERVICE

The aircraft must be ready to perform flight at the designated base as required by the Contracting Officer. The schedule of operations will be planned by the Government with the cooperation of the pilot. The Government may or may not order flight on any day during daylight hours, depending upon the necessity of the work and suitability of flying conditions. Daylight hours are defined as between ½ hour before sunrise to ½ hour after sunset.

C 6.3 RECORDING AND PAYMENT OF SERVICES

1. All services received will be recorded on an invoice and submitted for payment in accordance with instructions issued by the scheduling office.

1. Fixed wing flight time begins when the airplane leaves the blocks for the purpose a directed flight and ends when the aircraft arrives at the destination blocks. Flight time will be recorded in hours and tenths by means of an engine hour recorder activated by an oil pressure switch or recording tachometer.

1. Payment shall be made only for flight time scheduled and used. Payment will be made to the nearest tenth of an hour of actual flight time. If overnight travel is required or if time doesn’t allow the aircraft to return to its designed base of operations, the pilot’s per diem will be paid only for each night it was required.

C 6.4 ACCIDENT REPORTING AND INVESTIGATION

1. In the event of an incident or accident involving the aircraft, the pilot, if able, shall notify the WS supervisor and the National Aviation Coordinator (NAC) as soon as practical. A WS Aviation Incident Report (AIR) shall be submitted to the NAC. Other reporting provisions provided in the WS Aviation Safety Manual will submitted in a timely manner.

1. The Contractor shall maintain an accurate record of all aircraft accidents, incidents and injuries to Contractor or Government personnel arising in the course of performance under this purchase order and shall immediately notify the Contracting Officer of all such accidents, incidents or injuries. The Contractor shall not permit removal or alteration of the aircraft following an accident until authorized by the Contracting Officer except in emergencies such as threat to life or property, blocking airport runways, etc. The Contractor shall make available his personnel, records, and any equipment, damaged or undamaged, deemed necessary by the Accident Investigation Board to determine accident cause factors.

C 6.5 ACCIDENT RESCUE AND SALVAGE RESPONSIBILITIES

1. The Contractor will be responsible for rescue operations of the Government and Contractors' personnel employed under this contract.

1. Salvage of damaged or demolished aircraft will be done at the Contractor’s expense. No equipment or personnel performing under this contract may be used on such operations unless authorized by the Government.

1. When search for and rescue of Government and Contractor’s personnel or repair of aircraft which are out of commission (either at the base camp or in the field) is made necessary by the failure of the Contractor’s equipment or accidents caused by his employees, the cost of such search, rescue and repairs is solely the responsibility of the Contractor.

C 6.6 LIABILITIES OF THE CONTRACTOR AND THE GOVERNMENT

1. The Government will not assume any responsibility for loss or damage to equipment owned or operated by the Contractor, his agents, employees or sub-contractors. The Government will not assume any responsibility for injury or death of the Contractor, his agents, employees or sub-contractors, caused during the performance of this contract. The Contractor will be responsible for the intentional negligent and wrongful acts or omissions of the Contractor, his agents, employees or sub-contractors and employees and agents of the sub-contractors incidental to the performance of this agreement.

1. The Contractor will hold and save the Government, its officers and employees harmless from all liability for any death or damage to all persons, (other than the liability of the Government to USDA employees as provided for under the Federal Employees Compensation Act) real property or personal property which results from the operation of, or incident to, equipment furnished by the contract, or otherwise incidental to performance of the contract.

C 7.0 MAINTENANCE REQUIREMENTS

1. The aircraft shall be fully maintained by the Contractor. If maintenance is required at locations other than the Contractor’s home base, the Contractor shall provide appropriate maintenance support, equipment and personnel necessary to repair the aircraft. Transportation of maintenance personnel and equipment shall be provided by the Contractor at no additional cost to the Government.

1. Aircraft shall be maintained in accordance with Federal Aviation Regulation (FAR) Part 135 and FAR Part 91 as applicable, to include 100 hour/annual inspections and compliance with the manufacturer’s recommendations for Time Between Overhaul (TBO) and Time In Service (TIS), applicable APHIS regulations, and the Contractor’s operations specifications and maintenance manual. Aircraft components which have been operated beyond the published limitation specified by FAA or the manufacturer will be inspected, overhauled and/or replaced as required by the FAA or by the manufacturer’s publication. Engine and/or major components are to be maintained so as to minimize unavailability during the contract period or extension thereof.

1. All applicable manufacturer’s mandatory bulletins and FAA Airworthiness Directives shall be complied with prior to performance of this contract. Bulletins or Airworthiness Directives published during the contract shall be complied with in accordance with the individual bulletin or directive.

1. All maintenance deficiencies existing prior to the contract shall be corrected before the starting date of the contract. Those deficiencies occurring during the contract shall be corrected during normal scheduled maintenance.

1. The Contractor shall assure that all maintenance performed on contract aircraft is recorded in the affected aircraft’s maintenance record in accordance with FAR 43, 91, and 135 as applicable. In addition to aircraft time-in-service, the hour meter reading shall be recorded for all maintenance record entries.

1. A separate list of FAA Airworthiness Directives and Manufacturer’s Mandatory Service Bulletins on the make and model of aircraft offered will be made available, recording whether applicable or not and if applicable the date and airframe total time at compliance, method of compliance, next compliance due date if recurring, and authorized signature and number. List will be similar to that shown in Advisory Circular 43-9A, Appendix 3.

1. The Contractor shall supply at the time of the initial agency inspection a list of all items installed on the aircraft which are required to be overhauled or replaced on a specified time basis. This list shall include the component names, serial numbers, service life (or inspection/overhaul time), total time since major inspection.

1. The aircraft’s required weight and balance data shall be determined by actual weighing of the aircraft within 2 years preceding the starting date of the contract, or renewal date, and following any major repair or major alteration or change to the equipment list which affect the center of gravity of the aircraft.

1. The aircraft’s static system, transponder and encoding altimeters system shall be maintained in accordance with the requirements of FAR 91.215.

C 7.1 FUEL, OIL AND LUBRICANTS

1. All fuel, and any en-route replacement oil and lubricants required for the aircraft during the effective period of the contract shall be furnished by the Contractor.

1. Aircraft shall not be refueled while the engine is running or propeller is turning unless the refueling facility is equipped with an approved closed-circuit refueling system. All fuel used by aircraft shall be approved for use by the engine manufacturer, and shall be a petroleum product designed for use in aircraft.

1. Fuels shall be manufactured, transported, stored and dispensed in strict accordance with procedures formulated for aviation fuel standards. Fuels, lubricating oils and hydraulic fluids used to maintain the aircraft shall be supplied by the contractor. Maintenance of fuel storage and fueling facilities is the Contractor’s responsibility.

C 7.2 SUBSTITUTION OF AIRCRAFT

The Contractor may substitute aircraft during performance of the contract, provided such substitution meets all requirements herein and is approved in writing by the WS National Aviation Coordinator and the Contracting Officer. Request for substitution shall be made at least 10 days prior to exchange except for unforeseen conditions. Transportation of substituted aircraft to point of use will be at the Contractor’s expense.

C 7.3 AIRCRAFT STORAGE FACILITIES

If overnight travel is required or if time doesn’t allow the aircraft to return to its designated base of operations, enclosed hangar facilities, if available, shall be provided by the Government for the aircraft.

(D) Additional Clauses

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 anytime within the period of performance of the contract.

(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.

(End of clause) AUTHORIZED SCHEDULING OFFICE: The following USDA office is authorized to schedule use of hours, from an already issued delivery order against this contract, in accordance with the provisions of clause FAR 52.216-18, ORDERING, and FAR 52.216-19, DELIVERY ORDER LIMITATIONS:

USDA, APHIS, WS

Martin S. Lowney State Director, Colorado

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 one flight hour, 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 600 hours;

(2) Any order for a combination of items in excess of 600 hours; or

(3) A series of orders from the same ordering office within each performance period that together call for quantities exceeding the limitation in paragraph (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 3 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.

(End of clause)

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 25 flight hours within the base period of the contract, but not in excess of 600 hours annually.

(End of Clause)

452.216-74 CEILING PRICE (FEB 1988)

The ceiling price of this contract is $600,000. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

(End of Clause) 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 contract expires.

(End of clause)

52.204-9 – Personal Identity Verification of Contractor Personnel (JAN 2006)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112‐55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the USDA Animal and Plant Health Inspection Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739.

52.232-40 – Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause) 452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Aircraft Pilot.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

452.237-70 LOSS, DAMAGE, DESTRUCTION OR REPAIR (FEB 1988)

(a) For equipment furnished under this contract without operator, the Government will assume liability for any loss, damage or destruction of such equipment, not to exceed a total of $0.00 except that no reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees.

(b) For equipment furnished under this contract with operator, the Government shall not be liable for any loss, damage or destruction of such equipment, except for loss, damage or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

(c) All repairs to equipment furnished under this contract shall be made by the Contractor and reimbursement, if any, shall be determined in accordance with (a) or (b) above. Repairs shall be made promptly and equipment returned to use within 2 weeks. In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified. The Contractor may authorize the Government to make repairs upon the request of the Contracting Officer. In such case, the Contractor will be billed for labor and parts costs.

(End of Clause)

Service Contract Act 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 See wage determination No: 1995-0222 for Pilot wages.

RFQ 12639519Q0033

Schedule and SOW Fixed Wing AC Service in Colorado