B3_Schedule_and_SOW,_reviewed_posted.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

IFB

RFP

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 Florida as per attached statement of work, Period of performance:

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

HR

Ordering period two: Aerial dispersal of sterile fruit flies in Florida 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 Florida 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 Florida 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 Florida as per attached statement of work, Period of performance:

10/01/2023 - 09/30/2024 (FY-24)

TOTAL for CLINs 001-005 $_______________

Price per dispersal flight hour shall exclude aviation fuel costs. The Government will provide required aviation fuel.

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

(1) ___________________________________________________________

(2) ___________________________________________________________

(3) ___________________________________________________________

Offeror Notes:

(a) The resulting contract will be an indefinite-delivery indefinite-quantity contract, therefore hours stated are only estimates for the State of Florida. The Government anticipates awarding a single delivery order contract. The quantities specified above represent the Government's best estimate for the contract period at the time of issuance of this solicitation. The quantities are based on historical flight activity during the past years. Based on monthly flight activity during the past and present aerial release contracts, it is estimated that 130 flight hours per month will be required if the same criteria of application is used. Depending on the criteria of application used, flight hours may increase and/or decrease accordingly. During the period of performance of the contract, the estimated number of aircraft required is two. 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 the 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 orders issued by the Contracting Officer.

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, July 24, 2019 Quotes may be sent via e-mail to Jason.l.wilking@usda.gov. The point of contact for this combined synopsis solicitation is Jason Wilking who may be reached at Jason.l.wilking@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.

SECTION C - DESCRIPTION/SPECIFICATIONS/ 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 persist in the environment, they would 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 Florida Department of Agriculture and Consumer Services (FDACS), is conducting a Preventive Release Program. A Preventive Release Program is the release of sterilized male fruit flies throughout an area to be available and breed with any introduced female to disrupt reproduction and 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 Fruit Fly Preventive Release Program in these areas in the State of Florida and as needed to support additional fruit fly aerial release programs in Florida from proposals received in response to this request for quotes. The effective period of the contract will be October 1, 2019, or date of award, whichever is later, and remain in effect through September 30, 2024.

C 3. CONTRACTOR PERFORMANCE REQUIREMENTS

The contractor shall provide no less than two airplanes, 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 Contracting Officer will give the contractor 10 days written notice to terminate aircraft and crew. However, the contract will remain in effect for the entire period, including options to extend, in the event aircraft and crews are needed again at a later date.

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 (Except aviation fuel for dispersal flight hours) associated with the performance of, any and all aerial dispersal services ordered against this contract for the State of Florida, 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.

In general, aerial release of sterile fruit flies shall proceed in a timely manner at the prescribed application rate over designated areas assigned by the Contracting Officer’s Representative (COR).

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

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 the Sarasota/Bradenton International Airport (KSRQ) 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.

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, five days a week, Monday through Friday, unless otherwise notified by the COR that additional workdays are required. All required Contractor’s employees will report at the time designated by the COR and will remain on site until released by the COR. 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 (CR) 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

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. Payment will be made according to hours and tenths of hours as shown on the daily flight records. No payment will be made for any flying not ordered or authorized by the COR. 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. Examples of an unacceptable flights would be releasing flies outside of designated areas, malfunctions of release and tracking systems. 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 the Contracting Officer 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 to be unsuitable for safe and efficient performance of the services required of this contract, shall not be used. They shall be promptly removed from the work site and replaced with aircraft, equipment, and/or supplies that are in good operational condition. 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 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 FDACS 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 FAA, military, and Air Traffic Control (ATC) 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, or ATC, may result in an 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.

PERFORMANCE ELEMENT

Contract Work Hours;

Starting and Accomplishing Flights on Time

Services Rendered

Public Relations

PERFORMANCE STANDARD

As per Section C.4

As per Section C.7

Section C.10

MAXIMUM ERROR RATE OR PERFORMANCE REQUIREMENT

one instance during a contract year that causes disruption, and an additional costs to the program

Two instances during a contract year that causes disruption, inconvenience, or additional costs to the program

Three or more instances during a contract year that causes disruption, inconvenience, or additional costs to the program

One unacceptable flight flown during a contract year

Second unacceptable flight flown during a contract year

Third unacceptable flight flown during a contract year

Fourth and subsequent unacceptable flights flown during a contract year

Any scheduled flight not flown that causes loss of insects

Zero Tolerance

DEDUCTION FEES

ZERO %

75% deduction of additional costs incurred to the program.

100% deduction of additional costs incurred to the program and 25% deduction of the contract hourly flight rate for each occurrence

ZERO %

15% deduction of the contract hourly flight rate

20% deduction of the contract hourly flight rate

25% deduction of the contract hourly flight rate for each occurrence

100 % deduction of the current costs per million insects lost for each occurrence

See Section C.10

METHOD OF SURVEILLANCE

On Site Monitoring by USDA

Review of flight data recording records, Region Statistics Sheet, and Daily Aircraft Records

On Site Monitoring by USDA and review of Daily Aircraft Records

Complaints received from the general public, FAA, military, or ATC

C.12 OPERATING REQUIREMENTS

1. 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, it may be required to operate in IFR conditions to VFR conditions on top for the aerial distribution.

2. Flights will be conducted 5-7 days per week and approximately 25-30 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.

3. 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.

4. Base of operations will be Sarasota/Bradenton International Airport (KSRQ), or other suitable site designated by the COR.

5. The preferred operating altitude will be 2,000 feet above ground level or as assigned by the COR or Air Traffic Control in certain areas.

6. Operating release speed will be 140 MPH - 160 MPH indicated airspeed, dependent on the category/class/type of aircraft, and will be assigned by the COR or the release area Air Traffic Controller.

7. The estimated average time per load is between 2 - 6 hours. The aircraft will have the ability to operate a minimum of six hours without re-fueling

8. The estimated loads per day will be from 1 - 4 loads.

9. A Certificate of Waiver for Federal Aviation Regulations, 14 CFR 91.313(e) will be required.

C.13 CERTIFICATION REQUIREMENTS - STATE/FEDERAL

The contractor will be required to comply with applicable Federal Aviation Agency (FAA), Sarasota/Bradenton International Airport authority and any other State/County regulations/requirements covering operations that will be conducted. The contractor must be licensed to do business in the State of Florida. The contractor's pilots are licensed and certified by the FAA and the State of Florida. Immediately upon award of the contract, the contractor shall contact the appropriate offices to identify all FAA, state, and county requirements.

Before performance 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 before each day's operation and may change throughout the day due to weather or other circumstances.

2. The areas to be flown are considered 100 percent congested.

C.15 AIRCRAFT REQUIREMENTS

1. The aircraft will be required to operate in the restricted category.

2. The aircraft furnished shall be capable of maintaining an operating release speed of 140 to 160 MPH dependent upon the category/class/type of the plane and assigned by the COR. The aircraft furnished must be fixed wing multi-engine aircraft and shall be capable of maintaining assigned speed and carry a payload of at least 700 lbs. 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 box. 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. The aircraft will require modifications to accommodate the installation of the insect release machine and related equipment. These modifications include:

a. Opening(s) through the floor and belly of the aircraft to allow installation of a chute(s) to carry the insects overboard from the exit opening on the bottom of the insect release machine. See Attachment 2.

b. Electrical supply to operate the release machine.

4. The aircraft must be in good operating condition with a current inspection and must be capable of operating at least 30 hours per week with no more than routine maintenance.

5. 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:

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

7. The aircraft shall be equipped with a 28-volt electrical system to provide a minimum 45 amperes of electrical power in addition to the normal electrical load required for the aircraft radios and other components. The electrical power is needed to operate the release machine (40 amps).

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 1 meter 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 6 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 XP compatible 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 and must be capable to end log files, rename, and start a new log in flight.

7. The software must generate the map of the entire flight within a reasonable time. Systems that require more than one minute to generate six hour flight on a Windows XP 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 Arc View GIS (version 10.2 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 (diskette, flash drive) 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:

c. More than 200 hours multi-engine time as pilot-in-command if multi-engine aircraft are used.

2. A qualified disperser/copilot 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.

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

c. Is capable of taking command of the aircraft in the event of an emergency and landing the aircraft safely.

e. Pass required background check.

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.

C.18 CONTRACTOR AGREES

1. To deliver the aircraft to the Preventive Release Program at the Sarasota/Bradenton International Airport (KSRQ) or other designated site on the reporting date. This would occur following installation of the insect release machine and FAA approval.

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.

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

7. To arrange with the Sarasota/Bradenton International Airport or the fixed base operator at designated sites for:

8. To abide by all applicable regulations such as, but not limited to, environmental, security, and facility use of the Sarasota/Bradenton International Airport or other base of operations.

C.18 GOVERNMENT AGREES

1. To provide a special purpose refrigerated insect release machine and related equipment for controlled distribution of sterile fruit flies. See Attachment I.

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 CR 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 CR will receive a copy of this signed daily record.

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

C.19 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.20 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. Time checks may be made of the flight recorder and adjustment or replacement of the recorder will be required if found unacceptable.

6. The COR 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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 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 250 Marquette Ave Suite 410 Minneapolis, MN55401

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 re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance 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 Government wide 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. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5CFR Part1315.

1. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

1. (i) Payment.-

8. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

8. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5CFR Part1315.

8. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

8. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

8. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

4. (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

0. (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

0. (B) Affected contract number and delivery order number, if applicable;

0. (C) Affected line item or subline item, if applicable; and

0. (D) Contractor point of contact.

4. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

8. (6) Interest.

5. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

5. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

5. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

2. (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

2. (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

2. (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

5. (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

5. (v) Amounts shall be due at the earliest of the following dates:

4. (A) The date fixed under this contract.

4. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

5. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

5. (A) The date on which the designated office receives payment from the Contractor;

5. (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

5. (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

5. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

1. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

9. (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

9. (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

1. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

1. (l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

1. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the…