B4__RFQ_Final.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO 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

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

12639519Q0146 08/09/209

Jason.L.wilking@usda.govJason Wilking

USDA APHIS MRPBS AAMD

250 Marquette Ave Suite 410 Minneapolis MN 55401

X 100

TBD

USDA APHIS MRPBS AAMD

250 Marquette Ave Suite 410 Minneapolis MN 55401

488190

32.5 m

See schedule on page 3

Invoice processing Platform (IPP)

Invoices will be processed through IPP www.IPP.gov

08/23/2019 1:30pm Cen

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

RFQ 12639519Q0146 Page 3 of 44 For Rotary Wing Aircraft Inspection, Maintenance, & Repair

CONTINUATION OF BLOCKS 19-24 FROM SF 1449

CLIN 001 Ordering Period One – October 01, 2019 - September 30, 2020 Item No.

Description Est.

Qty

Unit Price Total

A 100 Hour Inspection w/out parts 12 $_________ $________ B 300 Hour Inspection w/out parts 8 $_________ $________ C Annual Inspection w/out parts 4 $_________ $________ D Hourly Labor Rate - Repairs 2400 $__________ $________ E Parts/Supplies N/A Not to exceed $775,000.00

F Travel Expenses if required N/A Not to exceed

$20,000.00

CLIN 002 Ordering Period Two – October 1, 2020 - September 30, 2021

No.

Description Est.

Qty

Unit Price Total

A 100 Hour Inspection w/out parts 12 $_________ $________ B 300 Hour Inspection w/out parts 8 $_________ $________ C Annual Inspection w/out parts 4 $_________ $________ D Hourly Labor Rate - Repairs 2400 $__________ $________ E Parts/Supplies N/A Not to exceed $775,000.00

F Travel Expenses if required N/A Not to

CLIN 003 Ordering Period Three – October 1, 2021 - September 30, 2022

No.

Description Est.

Qty

Unit Price Total

A 100 Hour Inspection w/out parts 12 $_________ $________ B 300 Hour Inspection w/out parts 8 $_________ $________ C Annual Inspection w/out parts 4 $_________ $________ D Hourly Labor Rate - Repairs 2400 $__________ $________ E Parts/Supplies N/A Not to exceed $775,000.00

F Travel Expenses if required N/A Not to

RFQ 12639519Q0146 Page 4 of 44

CLIN 004 Ordering Period Four – October 1, 2022 - September 30, 2023

No.

Description Est.

Qty

Unit Price Total

A 100 Hour Inspection w/out parts 12 $_________ $________ B 300 Hour Inspection w/out parts 8 $_________ $________ C Annual Inspection w/out parts 4 $_________ $________ D Hourly Labor Rate - Repairs 2400 $__________ $________ E Parts/Supplies N/A Not to exceed $800,000.00

F Travel Expenses if required N/A Not to

CLIN 005 Ordering Period Five – October 1, 2023 - September 30, 2024

No.

Description Est.

Qty

Unit Price Total

A 100 Hour Inspection w/out parts 12 $_________ $________ B 300 Hour Inspection w/out parts 8 $_________ $________ C Annual Inspection w/out parts 4 $_________ $________ D Hourly Labor Rate - Repairs 2400 $__________ $________ E Parts/Supplies N/A Not to exceed $800,000.00 F Travel Expenses if required N/A Not to exceed $20,000.00

Total $______________

Schedule Notes:

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

2) The quantities as listed in the “Schedule of Items” are estimated requirements for this contract period. The Government estimates, but does not guarantee, the volume of purchases under this contract. The USDA, APHIS attempts to be as accurate as possible when providing estimated quantities, however, actual quantities required may vary from the quantities listed.

During the period of performance of the contract, the number of aircraft may vary. Other than the minimum contract amount stated in AGAR clause 452.216-73 below, no guarantee is given as to the actual number of inspection hours, hourly labor or parts required during the term of this contract.

3) Line items (A-C) are firm fixed price indefinite delivery indefinite quantity. Line items (D-F) are time and material line items and are reimbursable only based upon the actual costs for labor hours or the parts/supplies utilized. The costs for these line items shall be the contractor’s fully burdened rates.

RFQ 12639519Q0146 Page 5 of 44

Therefore, the costs of the contractor’s parts shall include their material handling costs. The pricing for the parts shall vary depending on the type of part, whether it is new, overhauled, or serviceable part.

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

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

See the below website for information on the FTR.

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

6) The applicable Service Contract Act Wage Determination(s) will be required under this contract. The contractor shall be responsible for obtaining the wage determination applicable to the location of their facility. The applicable Service Contract Act Wage Determination can be obtained from the Department of Labor website at http://www.wdol.gov/sca.aspx#0

See occupation category 23000 – Mechanics and Maintenance and Repair Occupations. The definitions of each labor category can be found at:

https://www.dol.gov/whd/regs/compliance/wage/SCADirV5/SCADirectVers5.pdf

Evaluation of Quotes The Government will award a contract resulting from this RFQ to the responsible Contractor whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered.

In this acquisition, the Government will obtain best value by using the Tradeoff Process source selection approach which permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced quote. However, the Government will not make an award at a significantly higher overall cost to achieve only slightly superior performance.

The following factors shall be used to evaluate quotes: Technical capability, relevant experience, past performance, and price.

Technical capability of the service to meet the agency’s needs and the demonstrated ability to perform the work requested in the SOW, which includes, among other things, the contractor’s facility, certifications, expertise, personnel, and the requisite skills needed to perform the inspections, maintenance or repair work on the respective aircraft and the proximity of the Contractors facility to where the USDA aircraft are stationed.Relevant experience will be considered which includes the contractor's experience performing comparable aircraft maintenance and repair services of similar or greater complexity that demonstrates the

RFQ 12639519Q0146 Page 6 of 44 knowledge, skills, and experience of similar scope, magnitude, and complexity to the requirements described in this statement of work. Offerors shall submit specific information to demonstrate such experience. It should include points of contact, phone numbers, and email addresses. Points of contact must have first‐hand knowledge of the project from a contractual, managerial, and technical perspective. Information shall include:

- Location

An assessment of the quality of the work performed for the projects submitted as examples of relevant experience will be evaluated separately under the evaluation factor Past Performance.

Past performance will measure the degree to which a contractor has satisfied

include:

- Location

If the offeror has no federal contracting experience, then he/shall send aforementioned references of contracts held in the following order: state, local, and private.

It is an offeror's responsibility to submit a well-written proposal, with adequately detailed information, which clearly demonstrates compliance with the solicitation requirements and allows for a meaningful review by the procuring agency.

Quotes shall be submitted via email by the closing date to Jason Wilking.

Jason.l.wilking@aphis.usda.gov. Please reference the solicitation number on your documents.

All questions must be submitted in writing to the Contracting Officer.

RFQ 12639519Q0146 Page 7 of 44

PART 2.0 – STATEMENT OF WORK

2.0 Background

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

2.1 Scope of work

As a way of accomplishing their mission, the USDA, APHIS, WS has a requirement for the inspections, maintenance and repairs on the following aircraft located in San Antonio Texas.

McDonnell-Douglas 1977 MD 500D Helicopter, tail number N8617F, serial number 570128D.

McDonnell-Douglas 1990 MD 500E Helicopter, tail number N46EE, serial number 0406E.

Hughes 1967 OH-6A Helicopter, tail number N26JK, serial number 67-16681

Hughes 1968 OH-6 Helicopter, tail number N5815, serial number 68-117175

The respective aircraft are flown an estimated 600 hours annually. The requisite 100 hour inspections, 300 hour, annual inspection, and corresponding maintenance or repairs will be conducted during the term of this contract, depending on the actual hours flown.

2.2 Contract Type and Term

The government will award a firm fixed price indefinite delivery indefinite quantity commercial services and supply contract. As identified in the section above, Schedule Notes, the line items for “hourly labor rate repair” and “parts” are time and material line items. The line items for travel are reimbursable.

The period of performance for this contract is from October 1, 2019 – September 30, 2024, with each ordering period lasting one year.

2.3 Contractor Requirements

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

The Contractor must specifically comply with Federal Aviation Regulations Part 91-409 subsections

(E) and (F). The aircraft shall be maintained and repaired in accordance with Federal Aviation Regulations parts 21, 23, 39, 43, 91 and 135.

All maintenance must be performed at an MD Helicopter factory-approved service center and must be repaired according to MD 500/OH-6 Helicopter Maintenance Instructions (HMI). The mechanics must have successfully completed training at an accredited MD 500 Helicopter maintenance school.

The Contractor maintenance facility must be a Federal Aviation Administration (FAA) approved repair station (Part 145.51).

The Contractor shall provide technically competent aircraft maintenance personnel to perform the inspections, maintenance, and repairs of all work ordered under the contract. The Contractor shall

RFQ 12639519Q0146 Page 8 of 44 utilize a system of quality control to assure that all work performed under this contract complies with Federal Aviation Regulations.

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

The Contractor shall provide special tools, common hand tools, aircraft support, handling and service equipment required for work under this contract.

2.4 Emergency and After Hours Repairs

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

2.5 Facilities, Equipment and Inspection Data

The Contractor must maintain a repair facility appropriate in size and layout and properly equipped for maintenance and repairs of the respective aircraft that need service under this contract.

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

Contractor must own or have available the necessary tools or be able to obtain the necessary tools so the work is completed within the required timeframes and to ensure the level of service provided meets all Federal Aviation Administration and Federal Aviation Regulations requirements.

The Contractor SHALL NOT subcontract any portion of the maintenance or repair work without the written consent of the USDA, APHIS, WS.

2.6 Accessibility

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

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

The pilot’s log book shall be accessible to the mechanic/repair facility and the State Director.

2.7 Employee Training/Qualifications

The repair facility shall have at least one certified mechanic to perform the inspections, repair, and maintenance for the aircraft in order to accomplish the work of this contract within the specified timeframes indicated. It is highly preferable the facility have two certified mechanics to ensure that the aircraft will be repaired without undue down time even during after hour’s emergencies or

RFQ 12639519Q0146 Page 9 of 44 unanticipated heavy workloads. The certified mechanic must have an FAA Airframe and Power plant certificate. The maintenance facility will need to have personnel readily available or on staff with an A&P certificate with FAA Inspection Authorization in order to sign off annual inspections so the work is completed within the required timeframe.

2.8 Communication

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

2.9 Agency Responsibilities

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

2.10 Delivery of Services

The aircraft will be delivered to and picked up from the Contractor’s maintenance facility by the APHIS, WS pilot. Maintenance facility will use an APHIS, WS pilot for all test maintenance flights.

2.11 Parts and Labor Rates

Parts: The Contractor shall provide all parts, materials, and consumables. All parts or components which fail inspection or are nonconforming need to be replaced in accordance with FAR 52.212-4(a).

2.12 Transportation Expenses

The cost of transporting the aircraft to and from the Contractor’s facility shall be the responsibility of the Government.

2.13 Contractor Liability

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

USDA.

2.14 Insurance Requirements

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

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

2.15 Inspection Time Frames

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

RFQ 12639519Q0146 Page 10 of 44

2.16 Government Roles and Responsibility

The USDA, APHIS, WS shall designate a Contracting Officer Representative (COR) to work with the Contractor(s) to coordinate all aspects of this contract. The name of the COR for this contract will be provided at contract award.

2.17 Task Order Services

Funding will be obligated on the contract via a task order. Funding will be provided as a fixed amount for the inspection services but will be provided in a bulk not to exceed amount for hourly labor repair services and parts.

Repair services and parts will be on an as needed basis and use will be by verbal or written direction of the COR or a designated WS person listed below. Repair services and parts may also be paid for on a government purchase/credit card.

The Contracting Officer may provide funding under this contract obligating funds for the procurement of repairs and parts prior to the Government needing delivery of said ordered quantities.

The COR or designated WS person will be allowed to coordinate services and schedule specific delivery and performance dates and quantities up to, but not exceeding the total quantity authorized by the Contracting Officer.

The following individuals are authorized as the designated WS personnel under this contract.

Additional names of personnel may be provided in writing to the Contractor as needed.

USDA, APHIS, WS

State Director San Antonio, Texas

2.18 Invoices and Payment Information

The USDA, APHIS uses the Invoice Processing Platform (IPP) for electronic submission and tracking of invoices and payment information to its suppliers of goods and services. Invoices shall be submitted electronically to the IPP invoicing system. The contractor may register to Enroll at https://ipp.gov

Invoices must be prepared in accordance with 52.212-4 (g). Invoices must be supported with a summation of the actual hours expended and copies of all invoices for parts used in the repair.

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

2.19 Safety and Security Requirements

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

RFQ 12639519Q0146 Page 11 of 44 investigation is reasonably expected to receive a favorable adjudication of their respective investigations and training.

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

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

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

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

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

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

USDA, APHIS, MRPBS, HRD

Attn: Security Specialist - Contractors 250 Marquette Ave Suite 410

Minneapolis, MN 55401

RFQ 12639519Q0146 Page 12 of 44

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

2.20 Wage Determination and Labor Rates

The Department of Labor Service Contract Act applies to this contract.

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

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

PART III – CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clauses may be accessed electronically at these addresses:

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

NUMBER TITLE DATE

52.204-18 Commercial and Government Entity Code Maintenance Jul 2016

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

52.212-4 Contract Terms and Conditions—Commercial Items Jan 2017

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

52.232-40 Providing Accelerated Payments to Small Business Dec 2013 Subcontractors

52.242-15 Stop-Work Order Aug 1989

52.243-3 Changes—Time-and-Materials or Labor-Hours Sep 2000

52.246-6 Inspection – Time and Material and Labor Hour May 2001

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (May 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

RFQ 12639519Q0146 Page 13 of 44

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

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

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

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

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

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

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

657a).

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

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

657a).

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

__ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

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

RFQ 12639519Q0146 Page 14 of 44

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

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

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

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

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

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

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

637(d)(4)(F)(i)).

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

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

632(a)(2)).

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

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

637(m)).

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

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

13126).

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

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

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

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

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

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

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

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

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

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016).

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

RFQ 12639519Q0146 Page 15 of 44

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

_X_ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

_X_ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43.

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

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

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

__ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

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

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

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] _X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

Employee Class Monetary Wage – Fringe Benefits Aircraft Mechanic I - III Occupation Code 23021 - 23023, RFQ 12639519Q0146 Page 16 of 44

WG – 10 – 12

Aircraft Mechanic Helper Occupation Code 23040

WG – 5

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

chapter 67).

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

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

chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

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

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

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

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

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

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

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

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

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

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

RFQ 12639519Q0146 Page 17 of 44

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

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

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

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

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

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

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

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

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

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

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

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

chapter 67).

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

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

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

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

(xix)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

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

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

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-18 Ordering (Oct 1995)

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

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

RFQ 12639519Q0146 Page 18 of 44

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

52.216-19 Order Limitations (Oct 1995)

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

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

(1) Any order for a single item in excess of $2,000,000.00;

(2) Any order for a combination of items in excess of $2,000,000.00; or

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

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

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

52.216-22 Indefinite Quantity (Oct 1995)

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

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

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

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

52.217-8 Option to Extend Services (Nov 1999)

RFQ 12639519Q0146 Page 19 of 44

The Government may require continued performance of any services within the limits and at the rates…