B3_Schedule_and_SOW.docx

APHIS Records Management Training 101-FY18 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS Offeror to Complete Blocks 12, 17, 23, 24, & 30

USDA APHIS MRPBS AAMD

250 Marquette Ave Suite 410 Minneapolis, MN 55401

Unrestricted

N/A

RFQ

Same as block #9

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)

Quantity

Total Price

Aerial Dispersal of sterile fruit flies in California as per attached statement of work, Period of performance:

Award - 09/30/2019 (FY-19)

HR

Ordering Period One: Aerial Dispersal of sterile fruit flies in California as per attached statement of work, Period of performance:

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

Ordering Period Two: Aerial Dispersal of sterile fruit flies in California as per attached statement of work, Period of performance:

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

Ordering Period Three: Aerial Dispersal of sterile fruit flies in California as per attached statement of work, Period of performance:

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

Ordering Period Four: Aerial Dispersal of sterile fruit flies in California as per attached statement of work, Period of performance:

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

Ordering Period Five: Aerial Dispersal of sterile fruit flies in California as per attached statement of work, Period of performance:

10/01/2023 – 5 years from contract award.

TOTAL for CLIN’s 001-006 $_______________

B.2 NOTE TO OFFEROR'S

The quantities specified above represent the Government's best estimate for the contract period at the time of issuance of this RFQ. The quantities are based on historical flight activity during past years. Based on monthly flight activity during the past and present aerial release contracts, it is estimated that an average of 300 flight hours per month will be required if the same criteria of application is used. During the period of performance of the contract, the number of aircraft and crew required may vary from zero to six. Therefore, there is no guarantee of the number of aircraft and crew needed or flight hours to be flown during the effective period of the contract and there could be periods of time when no aircraft, crew, or service is required. If the workload is decreased or program terminates during the term of the contract, the Government will give the Contractor a ten day notice to terminate aircraft(s) and crew. Due to the uncertainty of needs, performance shall be made "only" as authorized by Task orders issued by the Contracting Officer and the scheduled flights requested by the COR or COR Authorized Representative.

The estimated flight hours referenced in the Base Period and the Ordering Periods in the schedule above is based on flying an estimated average of 300 hours per month for 12 months.

To be awarded this contract, the offeror must be registered in the SAM.gov. SAM.gov information may be found at http://www.SAM.gov.

Quotations are due by 01:30 PM CST, January 03, 2019 Quotes may be sent via e-mail to Jason.l.wilking@aphis.usda.gov. The point of contact for this combined synopsis solicitation is Jason Wilking who may be reached at Jason.l.wilking@aphis.usda.gov.

A COMPLETE QUOTE WILL CONSIST OF THE FOLLOWING:

a. A completed pricing schedule.

b. Past performance references for projects similar to the work required in this contract. Include contact name, phone number, e-mail address, and a description of the work. Performance must have been in the last 5 years.

c. Contractor must provide technical capability information so an evaluator can review technical elements such as Dispersal Experience, Aircraft meeting minimum specifications, Flights in populated areas and congested air space, operating GPS guidance and flight recording systems, Flight lines, Pilots, skilled personnel and shop facilities.

d. A completed copy of the provisions at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items or if not completed in SAM.gov.

Note: The Government will furnish required JP8 aviation fuel for aircraft that use Jet Fuel, the quote price will be without the cost of JP8 fuel. Avgas 100LL is not available at the current Base of Operating (KSLI). If offeror’s aircraft requires Avgas, the offeror will provide the required fuel and include fuel cost in the unit price.

Aircraft (s) Make, Model, and Registration No.

(1) ___________________________________________________________

(2) ___________________________________________________________

(3) ___________________________________________________________

(4) ___________________________________________________________

(5) ___________________________________________________________

(6) ___________________________________________________________

SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PERFORMANCE WORK STATEMENT

C.1 BACKGROUND

Fruit Flies are occasionally transported inadvertently across our borders and introduced into the environment of the United States by numerous means. These flies come in on various fruits and vegetables in various stages of their life cycles. If allowed to exist in the environment, they could cause millions of dollars in damage and have a significant impact on international and interstate trade. The female flies lay upwards of 300 eggs in over 250 varieties of fruit and vegetables during their lifespan. The utilization of the Sterile Insect Technique (SIT) along with spray applications of pesticides is the only current safe solution to this problem. As a consequence, the Secretary of Agriculture is committing resources to continually introduce sterile fruit flies into areas that have historically been prone to numerous introductions.

The United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ), in conjunction with California Department of Food and Agriculture (CDFA) is conducting a Preventative Release Program. A Preventative Release Program is the release of sterilized male fruit flies throughout an area to be available and breed with any introduced female to prevent infestations of this pest.

C.2 SCOPE OF WORK

USDA intends to award a firm, fixed price IDIQ contract for aircraft and crew services for the aerial release of sterilized fruit flies to support the Mediterranean Fruit Fly Preventative Release Program in the Los Angeles Basin and as needed to support additional fruit fly aerial release programs in California.

C.3 CONTRACTOR PERFORMANCE REQUIREMENTS

The contractor shall provide fixed wing airplane(s), as needed during the contract period, with qualified pilots and dispersers for aerial distribution of sterile fruit flies. Special purpose modifications, described herein, will be required for installation of the refrigerated insect release machine and related equipment provided by the Government. The need for aircraft and crew may vary throughout the contract period due to unforeseeable events, such as, reduced availability of sterile insects, program changes, or termination of the program. The estimated flight hours shown for the base period and all ordering periods represents the Government’s best estimate of service requirements. Based on monthly flight activity on past and present aerial dispersal contracts for California, it is estimated that an average of 300 flight hours will be required each month if the same criteria of application is used.

The contractor shall provide all personnel, labor, supplies, services, facilitating equipment and associated materials required for the aerial release of sterile insects in accordance with this “performance work statement” (PWS). The contract price shall include all costs associated with the performance of, any and all, aerial dispersal services ordered against this contract for the State of California, including but not limited to, furnishing and transporting all personnel and equipment to the work site and release areas, providing aircraft, crews, certifications, insurance, licenses, state bonding, permits, fees, general and administrative expenses, and other such costs normally required to perform the services specified herein.

It is the Contractor’s responsibility to plan, manage and perform services of this contract independently without direction and supervision from the Contracting Officer’s Representative (COR) or other Government or Cooperative employees. Therefore, the Contractor shall determine the number of aircraft and qualified crew required to perform the services ordered and required by this contract. Regular meetings between the Contractor’s Program Manager and the Government COR or his/her authorized designee is encouraged to share information, plan and schedule work. Currently the average requirement for aerial dispersal of sterile fruit flies in California is approximately 24 loads per week. The COR or Authorized Representatives shall provide the Contractor notice, verbally or written, of program changes that will result in more than a 10 percent plus or minus change to the average requirement.

In general, aerial release of sterile fruit flies shall proceed in a timely manner at the proper application rate over designated areas assigned by the COR or Authorized Representatives. Individual work orders will be issued verbally and/or via email at a frequency of no less than once every 7 calendar days. The work orders will issued for flight hours and information on the number of loads to be disbursed during the 7 calendar day period and include the estimated aircraft that may be required to complete the work orders. However, there is no guarantee of the actual number of work orders that will be issued, or the number of flight that will be ordered by the Government during the effective period of the contract. Contractor performance shall strictly conform to the terms and conditions of this contract and work orders issued by the Government COR or authorized representatives.

Work shall be performed in a professional manner and Contractors shall comply with Federal and State Department of Agriculture regulations.

Following installation of the Government furnished insect release machine and Federal Aviation Administration (FAA) approval, the Contractor shall deliver aircraft with qualified pilots and dispersers for aerial distribution of sterile fruit flies to KSLI or other designated site within fourteen days after award of this contract. The Government reserves the right to change the designated base of operation during the course of the contract. A bilateral contract modification is required to change the designated base of operation. All Contractor aircraft designated for use in the performance of this contract shall comply with the aircraft requirements specified herein, have a Government furnished insect release machine installed in the aircraft, and provide proof of approval from the FAA of the installation.

Performance shall be in accordance with the Contractor Performance Standards of this contract.

C.4 CONTRACT WORK HOURS

The work day shall begin at the time of arrival at the SIT site. Work days normally consist of an eight hour work day plus a ½ hour lunch break, seven days a week, Sunday through Saturday, excluding Federal holidays or when the airfield is closed, unless otherwise notified by the COR or COR Authorized Representative that additional workdays are required. All required Contractor’s employees will report at the time designated by the COR or COR Authorized Representative and will remain on site until released by the COR or COR Authorized Representative. The Contracting Officer may deduct from money due the Contractor, equitable compensation for failure of employees reporting on time or departing the site prior to release Refer to Section C.11, Contractor Performance Standards, of this PWS.

C.5 CONTRACTORS REPRESENTATIVE.

The Contractor shall designate a representative to serve as Program Manager. The Contractor’s Representative shall be present at the work site at all times when work under this contract is being performed.

C.6 IMPORTANCE OF STARTING AND ACCOMPLISHING FLIGHTS ON TIME

Time is of the Essence, there are numerous biological, entomological, and physical factors that determine the amount of time insects can be held at the temperature required in the release machine. Starting and accomplishing flights on time will insure these times are held to a minimum. The Contracting Officer may deduct from money due the Contractor, equitable compensation for failure to start or accomplishing flights on time. Refer to Section C.11, Contractor Performance Standards, of this PWS.

C.7 RATES FOR SERVICES RENDERED

The Government will order blocks of flight hours via individual task orders issued by the Contracting Officer at the rates stated in the schedule. Specific direction as to how and when flight hours are to be delivered will be provided by the COR or Authorized Representative. Payment will be made according to hours and tenths of hours as shown on the daily aircraft flight records. No payment will be made for any flying not ordered or authorized by the COR or Authorized Representative. The Contracting Officer may deduct from money due the Contractor, equitable compensation for flights determined by the COR that are not acceptably flown or accomplished. Refer to Section C.11, Contractor Performance Standards, of this PWS.

C.8 CONTRACTOR LIABILITY

The Contractor is liable for any damages, losses, or injuries to people, property, and animals which occur as a result, directly or indirectly, from its work performed while under contract with USDA. The Contractor shall immediately notify the COR and/or Authorized Representative of any damages, losses, or injuries occurring during the performance of this contract.

C.9 CONDITION OF EQUIPMENT

The Contractor shall ensure that all aircraft, equipment, and supplies required for use in the performance of this contract are in good operating condition. If in unsatisfactory condition, or otherwise determined by the COR or Authorized Representative to be unsuitable for safe and efficient performance of the services required of this contract, shall not be used. Any unsuitable aircraft, equipment, and/or supplies must be promptly removed from the work site and replaced with equivalent or better aircraft, equipment, and/or supplies that are in good operational condition."

Contractor-furnished equipment failure is not an acceptable cause for performance delays. The Contracting Officer may deduct from money due the Contractor, equitable compensation for delays caused by nonoperational contractor-furnished equipment. Refer to Section C.11, Contractor Performance Standards, of this PWS.

C.10 PRECAUTIONS/PUBLIC RELATIONS

It is essential for the Contractor and all employees of the Contractor, and their subcontractors, to display a positive image of USDA and CDFA by ensuring that their employees, and the employees of their subcontractors, maintain favorable relations with the general public. Personnel must be courteous in their dealings and communicate in a professional manner with the general public, FAA, Military, TSA, Air Traffic Control (ATC), media, or other governmental agency personnel. If restrictions, delays, or other complications result in compromising aerial release operations in any release area caused by unfavorable relations and/or nonprofessional interactions with the general public, FAA, Military, TSA or ATC, media, or other governmental agency personnel, may result in immediate termination of the contract for reason of default. Refer to Section C.11, Contractor Performance Standards, of this PWS.

C.11 CONTRACTOR PERFORMANCE STANDARDS

Contractor performance will be monitored throughout the effective period of the contract. The Contractor will be measured based on the following criteria.

Note: The Contracting Officer may deduct from money due the Contractor, equitable compensation for any loss of flies that directly resulted from contractor’s failure to perform under this contact. The current costs of said flies are: $26 per lbs. of Mediterranean fruit fly (Ceratitis Capitata) and $47 per lbs. of Mexican fruit fly (Anastrepha Ludens).

C.12 OPERATING REQUIREMENTS

1. The contractor will stage and power up the Government furnished ground support equipment to include auxiliary power generators, extension cords, and lifts, to pre-chill the insect release machine 15 to 20 minutes prior to each aircraft’s scheduled estimated time of departure and stow such equipment at the completion of the workday.

2. All aerial distribution of fruit flies will be conducted during daylight hours under VFR conditions and all ATC instructions and airport procedures will be strictly adhered to. At the discretion of the COR or Authorized Representative it may be required to operate in IFR conditions to VFR conditions on top for the aerial distribution.

3. Flights will be conducted seven (7) days per week and approximately 120-130 hours per week of flying will be required. The above flight hours are the estimated minimum number of flight hours required to support present program needs. If areas of sterile insect release expand or reduce, flight hours required will increase/decrease accordingly.

4. The above figures do not constitute, nor are they to be construed as a guarantee of the volume of work that may be placed on this contract.

5. Base of operations will be the Los Alamitos Army Airfield (KSLI), Los Alamitos, California, or other suitable site designated by the COR.

6. The preferred operating altitude will be assigned by the COR, COR Authorized Representative or Air Traffic Control in each release areas.

7. Operating release speed will be 140 - 160 MPH MAX indicated airspeed, or lower, as assigned by the COR or ATC.

8. The estimated average time per load is 2 - 3 hours.

9. The estimated average loads per day for each airplane will be 1 - 3 loads.

10. A Certificate of Waiver for Federal Aviation Regulations, 14 CFR 91.313(e) and 91.119 (b) will be required.

11. TSA / FAA Certificate of Waiver to Operate in the Disney Theme Park(s) TFR will be required.

C.13 CERTIFICATION REQUIREMENTS - STATE/FEDERAL

The contractor will be required to comply with applicable Federal Aviation Agency (FAA) and any other Federal/State/County regulations/requirements covering operations that will be conducted. California regulations require Contractors to be licensed to do business in the state of California. The contractor and pilots must be licensed to apply pesticides in the State of California. The contractor's pilots are licensed and certified by the FAA, the State of California, and counties within the State of California in which applications are conducted. Immediately upon award of the contract, the contractor shall contact the appropriate offices to identify all FAA, state, and county requirements.

Before award of the contract, the prospective contractor must submit copies of proof for the following:

1. Insurance and/or other requirements, including FAA Certificates of Waiver that apply, must be in effect before starting operations.

2. Documents that shall be available at the reporting airport for inspection by the COR include, but are not limited to; Aircraft Registration and Airworthiness Certificate; aircraft, propeller, and engine log books; pilot and medical certificates; and proof of flight review and insurance. Documents provided for proof of insurance shall clearly state:

a. The aircraft registration number

b. The period of coverage

c. Limits of liability

C.14 AREA COVERED

1. Areas to be flown will be assigned by the COR or Authorized Representative before each day's operation and may change throughout the day due to weather or other circumstances.

2. Areas to be flown are considered 100 percent congested.

C.15 AIRCRAFT REQUIREMENTS

1. Aircraft will be required to operate in the restricted category.

2. The aircraft furnished shall be capable of maintaining an operating release speed will be 140 - 160 MPH MAX indicated airspeed. The cabin space behind the crew must be large enough to accommodate installation of the insect release machine furnished by the Government and access large enough for loading / unloading the insect holding boxes. The insect release machine dimensions and weight of each component are described in Attachment I. The insect release machine base is mounted on top of an aluminum frame. A minimum three-inch clearance between the aluminum frame and aircraft floor is required to accommodate the installation of the chute attached to the bottom of the machine. The offeror must provide sufficient information that the equipment can be loaded/ unloaded with no adverse safety hazards to personnel or cause damage to equipment or aircraft.

3. Aircraft will require modifications to accommodate the installation of the insect release machine and related equipment. These modifications include:

a. Opening through the floor and belly of the aircraft to allow installation of a funnel and chutes to carry the insects overboard from the exit opening on the bottom of the insect release machine. See Attachments 2 and 3.

b. Electrical supply to operate the release machine.

4. In addition to the aircraft being equipped for night and IFR flights as described in Federal Aviation Regulation, 14 CFR 91.205, and equipped for operations conducted within Class B Airspace, it shall have the following:

1. Dual VHF NAV-COM's

1. ADS-B Transponder

c. An intercom system with compatible headsets for communications between the pilot and disperser.

5. Aircraft shall have a recorder (MASTER SWITCH ACTIVATED NOT ACCEPTED) that will automatically record flight time in hours and tenths of hours. Flight time recorders will be subject to accuracy checks by the COR.

6. Aircraft shall be equipped with a 28-volt electrical system to provide a minimum 50 amperes of electrical power in addition to the normal electrical load required for the aircraft radios and other components. The additional electrical power is needed to operate the release machine (50 amps).

7. Aircraft appearance must be maintained in a condition, which does not indicate neglect, and is acceptable to the COR.

C.16 AIRCRAFT GUIDANCE AND FLIGHT DATA LOGGING SYSTEM REQUIREMENTS

1. An operational Global Positioning System (GPS) and flight data logging software that will log and display the date and time of the entire flight from takeoff to landing and differentiate between standard flight and flight when the dispersal system is on/off. The system shall provide immediate deviation indications and sufficiently accurate to keep the aircraft on the desired flight path.

2. Compact moving map display with polygon feature that will alert the pilot when the aircraft is entering or exiting a specific geographic polygon.

3. Software designed for parallel offset in increments equal to the assigned swath width of the application aircraft.

4. A course deviation indicator (CDI) or a course deviation light bar, also a CDI, must be installed on the aircraft and in a location that will allow the pilot to view the indicator with direct or peripheral vision without looking down. The CDI must be capable of pilot selected adjustments for course deviation indication with the first indication at 3 feet or less.

5. The system must display to the pilot the current swath number and cross-track error. The swath advance may be set manually or automatically. If automatic is selected, the pilot must be able to override the advance mode to allow repeat applications of single or multiple swaths.

6. The system must be equipped with software for flight data logging that has a system memory capable of storing a minimum of 4 hours of continuous flight log data with the logging rate set at one second intervals. The full logging record will include position, time, date, altitude, ground speed, cross-track error, dispersal on/off, insect release machine auger or motor RPM, aircraft registration number, pilot name, and job name or number. The flight data log software shall be, at a minimum, compatible with Windows 7 PC computers, desk jet, laser, or inkjet printers and plotters. The system must compensate for the lag in logging dispersal on/off. The system will display dispersal on/off at the boundary without a saw tooth effect. Must be capable to end log files, rename, and start a new log in flight.

7. The software must generate a map of the entire flight within a reasonable time. Systems that require more than one minute to generate a map of a four hour flight on a Windows 7 compatible computer will NOT be accepted. When viewed on the monitor or the printed hard copy, the flight path will clearly differentiate between dispersal on/off. The software must be capable of replaying the entire flight in slow motion and stop and restart the replay at any point during the flight. Must be able to zoom to any portion of the flight for viewing in greater detail and print the entire flight or the zoomed-in portion. Must have a measure feature that will measure distance in feet between swaths or any portion of the screen. Must be able to determine the exact latitude/longitude at any point on the monitor.

8. Flight information software provided by the contractor must have the capability to interface with MapInfo (version 7.0 or higher) and Arc View GIS (version 10 or higher). The interface process must be "user friendly", as program personnel will be responsible to operate the system in order to access the information.

9. The contractor must provide a user’s manual for the data logger software.

10. It will be the contractor’s responsibility to provide program personnel with all flight recorded information at the end of each day or when requested. The contractor will provide the appropriate downloading device to enable program personnel to retrieve flight data information.

C.17 CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING THE FOLLOWING PERSONNEL

1. A qualified instrument rated Commercial Pilot or Airline Transport Pilot with a current First or Second Class FAA medical certificate for each aircraft who has:

a. More than 1,200 hours total time.

b. More than 250 hours as pilot-in-command.

c. More than 50 hours night flying

d. More than 50 hours of instrument, 5 hours must be in actual instrument weather.

f. More than 100 hours of the stated flight time must have occurred in the past 12 months.

e. More than 100 hours multi-engine time as pilot-in-command (if multi-engine aircraft are used).

d. A minimum of 25 hours pilot-in-command time in the make and model of the aircraft to be used, at least 10 hours of which must have been acquired within the preceding 12 calendar months.

e. Ability to operate the electronic guidance system.

2. A qualified disperser/crew member for each aircraft that:

a. Has basic mechanical knowledge/skills to learn how to operate, clean, and make minor adjustments to a refrigerated special-purpose insect release machine, auxiliary power unit generator, and related equipment.

b. Is able to work in an environment inside an airplane that can cause motion sickness.

c. Is able to fill out daily work sheets and read maps for tracking and reporting activities.

3. Personnel capable of operating and downloading the aircraft flight data logging system and to provide essential training and guidance for project personnel to ensure proper transfer of required mapping data.

4. Contractor is responsible for the completion and submission of a written record of each release, by region, using the government-issued form. Contractor shall ensure that all required information is entered completely, accurately, and legibly prior to submission."

5. Contractor is responsible for cleaning the government finished equipment at the end of each day (Release machine, release chutes, vacuum.

C.18 CONTRACTOR AGREES

1. Following installation of the insect release machine and FAA approval, the contractor shall deliver the aircraft to the Preventative Release Program at the Los Alamitos Army Airfield (KSLI) or other designated site on the reporting date.

2. To provide aircraft that are fully licensed by the FAA, including approval for installation of the insect release machine. Contractor will be required to furnish certification (FAA Form 337 MAJOR REPAIR AND ALTERATION) that installation has been approved by the FAA.

3. To accept full responsibility for all equipment and accessories furnished by the Government, normal wear accepted. This will include the satisfactory cleaning of the insect release machine and related parts, as instructed by the COR, between flights when necessary and after the last flight of the work day.

4. To pay all operating expenses of his/her aircraft including maintenance, servicing, inspection, hangar, tie down, parking fees, pilot salary, and crew member salary.

5. To distribute sterile fruit flies in accordance with instructions issued by the COR or Authorized Representative Operations.

6. To obtain any waivers and operating permits that may be required by the FAA, TSA or any other Federal, State, County or any other agency.

7. To arrange with the Los Alamitos Army Airfield and/or the fixed base operator at designated sites for:

a. Parking and/or tie down space and pay for any charges therefore.

b. Payment or repair of damage to the airport that results from the contractor's aircraft or equipment.

c. Maintaining the areas on the airport used by the contractor in a clean and orderly fashion during and following their use, including a satisfactory cleanup immediately after completion of the flight.

8. To abide by all applicable regulations such as, but not limited to, environmental, security, and facility use of the Los Alamitos Army Airfield or other base of operations.

C.19 GOVERNMENT AGREES

1. To provide a special purpose refrigerated insect release machine and related equipment for controlled distribution of sterile fruit flies. See Attachments 1, 2 and 3.

2. To provide briefing information and maps for the flight crew.

3. To provide initial training for special-purpose activities for the pilot and disperser. Replacement or relief personnel will be trained by the contractor.

4. To deliver and assist the contractor in the loading/unloading of the insect holding box into the contract aircraft.

5. To provide and maintain a daily aircraft record for each aircraft. This record will show the hours and tenths of hours flown on each trip. The flight time recorder will be used if it is accurate. In the event inaccuracies in the flight time recorder are found and until it can be repaired, flight time will be determined with a watch in possession of the COR or his/her designated representative.

6. The contractor or Program Manager and the COR or his/her designated representative will sign this record after each day of operation to acknowledge agreement with all entries. The contractor or Program Manager will receive a copy of this signed daily record.

7. To pay for the maintenance, modifications, and/or repairs of the dispersal machine.

C.20 REPORTING REQUIREMENTS

The reporting date for aircraft and crew is 14 calendar days after receipt of order by the Contracting Officer or the COR. Delivery of Government furnished equipment to the contractor will be made within 5 days after receipt of order. After reporting, one day will be required for inspection by the COR and for crew orientation.

C.21 MUTUAL AGREEMENTS AND UNDERSTANDINGS BY THE GOVERNMENT AND CONTRACTOR

1. The COR may reject any aircraft or GPS that does not comply with the requirements of this solicitation.

2. The COR will determine whether pilots are qualified in accordance with the requirements of this solicitation. The Contractor shall take personnel action against any pilot who operates his/her aircraft in a negligent manner, or fails to perform satisfactorily. The COR reserves the right to dismiss any pilot who operates his/her aircraft in a negligent manner, or fails to perform satisfactorily during the period of this contract.

The COR may at any time, require a pilot to demonstrate his/her ability. Such demonstration flights will be made at the expense of the contractor.

3. As used in this contract, "day" means calendar day, seven days per week.

4. The contractor shall not withdraw or substitute any qualified aircraft or pilot without approval of the COR.

5. The COR or his/her designated representative will accompany flights as necessary to monitor equipment and/or contractor performance.

6. Time checks may be made of the flight recorder and adjustment or replacement of the recorder will be required if found unacceptable.

7. The COR or COR Authorized Representative will determine the time for starting and stopping operations each day. The pilot will be responsible for determining flight conditions and will have the authority to cancel a flight based on weather or other hazardous conditions.

8. The Government will not assume any responsibility whatsoever for loss or damage of equipment owned or operated by the contractor, its agents, employees, or subcontractors for injury to or death of the contractor, its agents, employees, or subcontractors.

9. The contractor will hold and save the Government, its officers, agents, servants, and employees harmless from liability of any nature or kind for or on account of the use of any copyrighted or un-copyrighted composition, secret process, patented or unpatented invention, articles or appliances, used in the performance of this contract, including their use by the Government unless otherwise specifically stipulated in the contract.

10. The contractor will be responsible for any negligent or wrongful acts or omissions of the contractor, its employees, agents, or subcontractors, and employees or agents of the subcontractor(s) incident to the performance of this contract.

11. The contractor will hold and save the Government harmless from all liability for any death or damage to all persons (other than the liability of the Government to USDA employees directly engaged in performing work under this contract as provided under the Federal Employees' Compensation Act) or to real or personal property, including negligent use of spray material which results from operation of, or incident to, equipment furnished by the contractor.

12. The contractor will not be responsible for any negligent or wrongful acts or omission of the USDA, its employees, the USDA cooperators or their employees.

C.21 PILOT MINIMUM BACKGROUND INVESTIGATIONS

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 employee’s 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, MN55403-1588

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.”

(D) CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Items. (Oct 2018)

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

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

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

1. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g.,use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

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

1. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

1. (e) Definitions. The clause at FAR52.202-1, Definitions, is incorporated herein by reference.

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

1. (g) Invoice.

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

0. (i) Name and address of the Contractor;

0. (ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

6.