Attachment 1 - Performance Work Statement_ NWS Aerial Release Services Rev1.docx
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- Solicitation number
- 12639526R0007
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About this file
This is a Performance Work Statement (PWS) for aerial release services supporting the USDA's New World Screwworm (NWS) eradication program. The contract is a hybrid time-and-materials and firm-fixed-price indefinite-delivery indefinite-quantity (IDIQ) vehicle with a base period from December 15, 2026 through December 14, 2027, followed by four optional one-year periods extending through December 14, 2031. The contractor must provide fixed-wing twin-engine aircraft, qualified flight crews, and operational support for aerial dispersal of sterilized NWS insects over designated treatment areas in the southern United States and Mexico. Estimated flight operations range from 468 hours per week in the base year to 1,260 hours weekly by the third option year, requiring 10 to 45 flights daily depending on production capacity. Services will be ordered through individual task orders, with pricing structured as fixed unit rates for release operations and time-and-materials reimbursement for fuel.
The contractor must maintain aircraft modified with government-furnished refrigerated insect release machines, equipped with AG-NAV guidance systems and flight data logging capabilities compatible with ArcView GIS or MapInfo software. Key personnel requirements include an instrument-rated commercial or airline transport pilot with 1,500+ total flight hours and 100+ multi-engine hours, plus qualified copilots and dispersers trained in equipment operation and maintenance. Reporting requirements include daily flight records, GPS-mapped flight data logs, weekly operations schedules, and monthly invoices submitted via the USDA's Invoice Processing Platform. The contractor bears responsibility for all aircraft operating expenses including maintenance, fuel (reimbursed separately), hangar fees, and pilot salaries, while the government provides the release machines, sterile pupae, and initial crew training. Performance standards include no more than six missed flights annually with 15 percent hourly rate deductions per subsequent missed flight, and no more than six improper releases yearly with 10 percent deductions per occurrence. Insurance requirements include workers' compensation, general liability ($500,000 minimum), automobile liability, and aircraft hull and passenger liability coverage with public aircraft operations and "any airworthiness" endorsements naming the United States as additional insured.
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Revision 1 – 9/28/2026
US Department of Agriculture (USDA)
Performance Work Statement (PWS)
Table of Contents
| 1.0 | SCOPE OF WORK | 4 |
| 2.0 | BACKGROUND INFORMATION | 4 |
| 3.0 | OPERATIONAL SERVICES & MISSION ACTIVITIES | 4 |
| 3.1 | Aerial Release Operations | 4 |
| 3.2 | Contractor Performance Requirements | 4 |
| 3.3 | Reporting Requirements | 5 |
| 3.4 | Task orders | 5 |
| 3.5 | Flight Schedule Coordination | 6 |
| 3.6 | Instructions & Covered Flight Areas | 6 |
| 3.7 | Contract Work Hours | 6 |
| 3.8 | Importance of Starting and Accomplishing Flights on Time | 7 |
| 3.9 | Area Covered (Assigned Flight Grids) | 7 |
| 4.0 | TECHNICAL REQUIREMENTS, AIRCRAFT & EQUIPMENT | 7 |
| 4.1 | Operating Requirements | 7 |
| 4.2 | Release Aircraft Modifications Requirement | 7 |
| 4.3 | Maintenance & Condition of Equipment | 8 |
| 4.4 | Aircraft Guidance & Flight Logging systems Requirements | 9 |
| 4.5 | Data Rights and Section 508 | 10 |
| 5.0 | KEY PERSONNELS & QUALIFICATIONS | 10 |
| 5.1 | Program Manager | 10 |
| 5.2 | Release Flight Crews | 10 |
| 5.3 | Other Personnels | 11 |
| 6.0 | PERFORMANCE STANDARDS & COMPLIANCE | 11 |
| 6.1 | Contractor Performance Standards | 11 |
| 6.2 | Public Relations/Precautions | 12 |
| 6.3 | Contractor Liabilities | 12 |
| 6.4 | Certification Requirements (State & Federal) | 13 |
| 6.5 | Insurance Requirements | 13 |
| 6.6 | Public Aircraft Operations (PAO) | 15 |
| 7.0 | SAFETY, SECURITY & RISK MANAGEMENT REQUIREMENTS | 15 |
| 7.1 | Accident Reporting & Investigation | 15 |
| 7.2 | Rescue & Salvage Responsibilities | 15 |
| 7.3 | Background checks | 16 |
| 7.4 | Contractor Safety Management & Operational Risk Controls | 16 |
| 7.4.1 | Requirement. | 16 |
| 7.4.2 | Alignment. | 16 |
| 7.4.3 | Submission and Acceptance. | 16 |
| 7.4.4 | Reporting and Notifications. | 16 |
| 7.4.5 | Corrective Actions and Data Sharing. | 16 |
| 7.4.6 | Training and Competency. | 16 |
| 7.4.7 | Subcontractors. | 17 |
| 7.4.8 | Enforcement. | 17 |
| 7.5 | Flight Following Requirements | 17 |
| 8.0 | CONTRACTOR & GOVERNMENT INTERACTIONS | 17 |
| 8.1 | Contractor & Government Obligations | 17 |
| 8.2 | Mutual Agreements and Understandings | 18 |
| 8.3 | Contractor Furnished Equipment | 19 |
| 8.4 | Government Furnished Equipment and Services | 19 |
| 8.5 | Delays Beyond Contractor Control | 20 |
| 8.6 | Invoices and Payments | 20 |
| 9.0 | KEY DELIVERABLES | 20 |
| 10.0 | TRAVEL | 21 |
PROJECT
New World Screwworm (NWS) Aviation Support Services - Aerial Release Services
SCOPE OF WORK
This contract provides aircraft, crew, and associated operational support for the aerial release of sterilized New World Screwworm (NWS) insects in support of the USDA Animal Plant Health Inspection Services (APHIS) NWS eradication and control program.
The Contractor will:
· Perform aerial release of sterile NWS flies over designated treatment areas
· Support program operations that may vary based on detection rates, geographic coverage, and emergency response needs
This is a hybrid time and material (T&M) and firm-fixed-price (FFP) Indefinite-Delivery Indefinite-Quantity (IDIQ) type contract. Services will be ordered through the issuance of individual task orders. (See clauses 52.216-18 Ordering, 52.216-22 Indefinite Quantity.) The anticipated base period of performance will be one base year and 4 option years as seen below:
Base Year: 12/15/2026 – 12/14/2027 Option Year 1: 12/15/2027 – 12/14/2028 Option Year 2: 12/15/2028 – 12/14/2029 Option Year 3: 12/15/2029 – 12/14/2030 Option Year 4: 12/15/2030 – 12/14/2031
BACKGROUND INFORMATION
New World screwworm (NWS) is a parasitic fly that can have devastating impacts on its host if not identified and treated in a timely manner. When screwworm fly larvae burrow into the flesh of a living animal, they can cause serious, and if not treated, often deadly damage to its host. The screwworm is a serious pest of warm-blooded animals such as livestock, domestic and wild animals and, rarely, human beings. Because NWS has the potential to cause significant economic losses to the livestock and wildlife industries, rapid response is critical.
To maximize the effectiveness of this approach, sterile males must be hatched from their pupae at centrally located release centers. APHIS currently maintains a sterile insect release center at Moore Air Base and South Texas International Airport. Its location would allow for release operations throughout the Southern United States and into Mexico as necessary.
OPERATIONAL SERVICES & MISSION ACTIVITIES
Aerial Release Operations This contract provides aircraft and crew services for aerial release of sterilized NWS to support the APHIS New World screwworm program. The Panama – United States Commission for the Eradication and Prevention of Screwworm (COPEG), located in Pacora, Panama produces sterile NWS flies. COPEG continues to operate at maximum production capacity in support of eradication efforts, producing approximately 100 million pupae per week. As additional USDA, APHIS production facilities come online, APHIS will increase sterile NWS production to 500 million per week by the end of 2028. The sterilized pupae are transported to a designated base of operations for release. APHIS continues to evaluate and shift the release polygon and flight grids according to NWS detections. The contractor will work in partnership with APHIS to receive weekly updates regarding the flight grids/patterns flown. At any time during the execution of the contract, the number and/or the size of existing grids, as well as the number of municipalities under treatment, may change, as determined by the COR or his/her designated representative.
Contractor Performance Requirements The contractor will provide aerial release services, as needed during the contract period, with adequate number of operational fixed winged twin engine airplane(s) for release each day and qualified pilots/dispersers for the aerial distribution of sterile NWS flies as designated in each task order. Special purpose modifications of the contractor release aircraft, described herein shall be required for installation of the chilled insect release machine and related equipment provided by the U.S. Government (See Attachment One (1) - Insect Release Machine Drawings for information on the insect release machine equipment). The custom-made insect release box and release apparatus have several components: a base mounted inside the aircraft; release boxes; compressor; electrical regulator. If using planes for a double box release machine, mounting legs must be added to the airplane and will be provided by the USDA.
The contractor will provide aircraft, personnel, supervision, labor, supplies, services, facilitating equipment, a vehicle that can operate inside the airport as backup and associated materials required for the aerial release of sterile insects in accordance with this Performance Work Statement (PWS)) except for fuel. The contractor will be responsible for fueling the aircraft at the designated base of operations and paying the vendor for fuel. Fuel will be reimbursed from the designated T&M CLIN.
The contractor will be responsible for planning, managing and performing the services of the awarded contract independently without direction and supervision from the Contracting Officers’ Representative (COR) or other Government or Cooperative employees. Regular meetings between the contractor’s Project Manager and the Government COR or his/her authorized designee are encouraged to share information, plan and schedule work. See Section 4.1 Operating Requirements for more detailed information on estimated flight hours and number of flights per week.
Special purpose modifications of the contractor's airplane, described herein, will be required for installation of U.S. Government-owned chilled insect release machine and related equipment. The Contractor airplane(s) used under this contract will be capable of being modified to accommodate the Government-owned property.
In general, aerial release of sterilized NWS flies shall proceed in a timely manner at the proper application rate over designated areas assigned by the APHIS aerial program manager or designated Technical Representative.
Contractor’s performance will strictly conform to the terms and conditions of the contract and work orders issued by the COR and/or the Authorized USDA Representative. On any operational day where aircraft cannot fly due to mechanical or weather conditions, the Government will not pay for unflown hours. The Contractor will proactively maintain aircraft to be operational prior to the start of each mission. Nonconforming services will be handled in accordance with Section 6.1 Contract Performance Standards.
When operating as Civil Operations in Mexico, the Contractor will comply with Agencia Federal de Aviación Civil (AFAC) requirements. When operating as Civil Operations, the Contractor missions will be conducted under 14 CFR Part 135 and related FAA rules applicable to commercial operations, including maintenance and airworthiness standards. When operating under a PAO, the Contractor mission will be conducted under 14 CFR Part 91 and related FAA rules applicable. All aircraft used under this contract for release must meet PWS requirements and have the Government-furnished insect release system installed with required regulatory approvals.
Reporting Requirements The aircraft and crew must report by [date to be inserted at award]. Delivery of Government furnished equipment to the contractor shall be made within fourteen15 calendar days before beginning performance under this contract. After reporting, one day shall be required for inspection by the COR or USDA Representative and the crew orientation provided by the USDA.
Task orders Services shall be ordered through the issuance of individual task orders based on Government-directed flight hours . The T&M CLIN will be funded at a not to exceed (NTE) amount for the designated period of performance on task orders. Each task order will have a period of performance of 6 months to one year. The Government may issue task orders for additional quantities on an as-needed basis in accordance with the terms of this contract.
Below are procedures for issuing orders when multiple IDIQ contracts are issued for the same services.
(a) All Task Orders issued under this IDIQ contract exceeding the micro‑purchase threshold are subject to the Fair Opportunity procedures of FAR 16.507.
(b) The Contracting Officer (CO) will issue an Order Request for Proposal (RFP) or Request for Quotation (RFQ) to all contract holders with relevant capability. Order request will include:
1. Estimate release for the period of performance
2. Submission instructions
3. Evaluation criteria aligned with paragraph (c) below.
(c) Orders will be issued to all IDIQ contract holders for varying flight hours or to one IDIQ contractor holder based on the following factors (listed in descending order of importance):
1. Technical Capability – Will look at contractor’s capacity/capability to perform services when requested (aircraft and crew availability)
2. Past Performance on earlier orders under the contract, including quality, timeliness.
3. Price as established in the Pricing Schedule and any additional proposed discount from the fixed unit price
(d) Orders may be issued without fair opportunity per FAR 16.507‑6 exceptions (e.g., urgency, sole-source necessity, logical follow-on to a prior order, minimum guarantee, statutory authority)
Task order prices will be in accordance with the fixed unit prices as established in the IDIQ for release unless additional discounts are provided by the contractor at the task order level. The unit price for FFP CLINS shall include all costs associated with performing all work under the contract in a complete and acceptable manner. The unit price for release CLIN will not be changed based on the quantity ordered by the Government unless additional discounts are provided by the contractor at the task order level.
Contract and task order minimum and maximum amounts are specified in the following clauses: 52.216-19 Ordering Limitations. The ultimate contract price for any given ordering period will be the sum of the task orders issued during that period. The contractor must inform the APHIS Contracting Officer when the task order reaches 80% of the total ordered quantity.
Flight Schedule Coordination The USDA, APHIS shall designate a Contracting Officer Representative(s) (COR) and Authorized USDA Representative to work with the Contractor(s) to coordinate all aspects of this contract. The Representative(s) name for the contract will be provided at contract award. The COR or USDA Representative will issue flight schedule via email at a frequency of no less than once every 4-7 calendar days. The flight schedule will convey information on the number of flights for NWS flies to be disbursed during the 4-7 calendar day period and may include the estimated aircraft that may be required to complete scheduled flights.
Instructions & Covered Flight Areas Specific direction (when, where, hours, etc.) will be provided by the COR or Authorized USDA Representative daily. Areas to be flown will be assigned before each day's operation and may change throughout the day due to weather or other circumstances. Areas to be flown are considered 75% congested areas. Flights that are unacceptably flown and accomplished, for reasons within control of the contractor, monetary consideration shall be deducted from the contractor’s invoice. Unacceptable flights mean:
| • | Performing a flight without functioning flight data logging system |
| • | Changing a release region/release rate without preapproval |
| • | Releasing outside of the boundaries of a release area without preapproval |
Contract Work Hours The workday shall begin at the time of arrival at the SIT site. Workdays normally consist of an eight-hour workday plus a ½ hour lunch break, seven days a week, Sunday through Saturday, including Federal holidays, unless otherwise notified by the COR or COR Authorized USDA Representative that additional or fewer workdays are required. Workday typically begins 6:30am - 7:30am local time. All required Contractor’s employees will report at the time designated by the COR or USDA Representative and will remain on site until released by the COR or COR Authorized USDA Representative. If this requirement is unmet, for reasons within control of the contractor, monetary consideration shall be deducted from the contractor’s invoice. Refer to Section 6.1, Contractor Performance Standards.
Importance of Starting and Accomplishing Flights on Time There are numerous biological, entomological and physical factors that determine the amount of time insects may be held at the temperature required in the release machine. Starting and accomplishing flights on time will ensure these times are held to a minimum. If performance is delayed for reasons within the control of the contractor (excluding excusable delays defined in 52.212-4, monetary consideration will be deducted from the contractor’s invoice. In addition to monetary deductions, other remedies for nonperformance as outlined in FAR 52.212-4 will be applicable.
Area Covered (Assigned Flight Grids) Areas to be flown will be assigned by the COR or Authorized USDA Representative before each day’s operation and may change throughout the day or week due to weather or other circumstances. Changes may be communicated the day before or the day of. The areas to be flown will be considered 75% or more congested.
TECHNICAL REQUIREMENTS, AIRCRAFT & EQUIPMENT
Operating Requirements
1. All aerial distribution of NWS flies will be conducted during daylight hours under Visual Flight Rules (VFR), and all Air Traffic Control (ATC) instructions and airport procedures will be strictly adhered to.
2. The release flights will be conducted seven days per week. Below are our current estimates of release operations. These numbers are informational only and do not represent actual flight hours that will be ordered.
| Timeframe |
| Flight hours per week |
| Estimated # of flights per day (based on 4hrs release time per load/flight) |
| 12/15/2026 – 12/14/2027 |
| 468 |
| 10-16 |
| 12/15/2027 – 12/14/2028 |
| 720 |
| 17-25 |
| 12/15/2028 – 12/14/2029 |
| 1260 |
| 26-45 |
| 12/15/2029 – 12/14/2030 |
| 1260 |
| 26-45 |
| 12/15/2030 – 12/14/2031 |
| 1260 |
| 26-45 |
3. If areas of sterile insect release expand or lessen, then flight hours required may increase or decrease accordingly. 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 above figures do not constitute, nor are they to be construed as a guarantee of the volume of work that may be placed on the contract.
4. The COR will provide the contractor with a five-calendar day written notice of program changes that will result in more than a ten percent plus or minus change to the average requirement
5. The operating altitude will be assigned by the COR, COR Authorized USDA Representative or Air Traffic Control in each release area.
6. Operating release speed shall be 165 knots indicated air speed, unless otherwise assigned by the COR or Authorized USDA Representative.
7. The estimated average release time per load shall be 4 hours. The release aircraft must have the ability to operate a minimum of 3 hours without re-fueling.
8. The base of operations is currently at Moore Air Base in Edinburg, Texas. Additional locations to include but not limited to Arizona, Florida, and Tampico, MX may be added as a base of operation for release in the future. The COR or Authorized USDA Representative will notify the contractor of any changes to bases of operation within 30 days.
Release Aircraft Modifications Requirement
1. The aircraft will be required to operate in the restricted category.
2. The aircraft furnished will be a single engine or multitwin -engine fixed wing airplane capable of maintaining a minimum cruise speed of 165 kts. For release aircraft, the cabin space behind the crew shall be big enough to accommodate the installation of an insect release machine furnished by the Government. The insect release machine base will be mounted on top of an aluminum frame. A minimum three-inch clearance between the aluminum frame and the airplane floor will be required to accommodate the installation of the chute attached to the bottom of the machine. The insect release machine dimensions and weight of each component are described in Attachment One - Insect Release Machine Drawings. Cargo doors are required to simplify installation of the insect release machine and loading/unloading of the insect holding box.
3. Release airplanes will require modifications to accommodate the installation of the insect release machine and related equipment. The contractor is responsible for any costs associated with the aircraft modification. The Contractor is responsible for performing the needed modifications to the aircraft and installing the insect release machine in their aircraft. These modifications for release aircraft include:
a. Opening (s) through the floor and belly of the airplane to allow installation of a funnel and chute (s) to carry the insects overboard from the exit opening on the bottom of the insect release machine.
b. Electrical supply to operate the insect release machine.
4. At the time the contractor begins performance under the contract, the airplane will be in good operating condition with a current 100-hour inspection with ferry time only from the contractor’s base of operation to the program base of operations and will be capable of operating a minimum of ten hours per week with no more than routine maintenance. The airplane will have no history of any pesticide use.
5. In addition to the airplane being equipped for flights as described in Federal Aviation Regulation 14 CFR 91.205, (a) (b) (c) and (d, 2): and 91.215, it will have an intercom system with compatible headsets for communications between the pilot and authorized program personnel and/or crewmember.
6. The airplane will have a recorder (MASTER SWITCH ACTIVATED NOT ACCEPTED) that will automatically record flight time in hours and tenths of hours. Flight time recorders will be subject to accuracy checks by the COR or USDA Representative. If the contractor changes the flight recording equipment, they must notify the COR. If there are discrepancies in the measurement of flight hours, the contractor will be required to have the flight measurement equipment calibrated by and provide the government with the calibration certificate.
7. The airplane will be equipped with a 28-volt electrical system to provide a minimum 50 amperes of electrical power in addition to the normal electrical load required for the airplane radios and other components. For release aircraft, electrical power is needed to operate the insect release machine (approximately 50 amperes).
8. The Contractor will provide a Portable Electric Generator for release aircraft, with all the accessories required to properly perform the aircraft cleaning, this process should be carried out after each flight.
9. Aircraft appearance must be maintained in a condition which does not indicate neglect, and is acceptable to the COR.
Maintenance & 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. Aircraft in unsatisfactory condition or otherwise determined by the COR or Authorized USDA Representative to be unsuitable for safe and efficient performance of the services required of this contract, shall not be used. Any unsuitable aircraft, aircraft grounded for repair/maintenance, equipment, and/or supplies must be promptly removed from the work site and replaced with equivalent or better aircraft, equipment, and/or supplies that are in good operational condition. Routine maintenance and repair must not affect availability of aircraft available to perform services.
The Contractor will be responsible for obtaining the Airport’s permits (for vehicle and pilot) to access the Take-off platform to make repairs.
Contractor must follow equipment and aircraft maintenance plan submitted during the solicitation that is used under this contract. Transportation of maintenance personnel and equipment must be provided by the Contractor at no additional cost to the Government. Aircraft must be operated and maintained in accordance with all manufacturers’ requirements and applicable Federal Aviation Regulations. The Contractor must assure that all maintenance performed on contract aircraft is recorded in the affected aircraft’s maintenance record in accordance with FAR 43, 91, and 135 as applicable. Contractor-furnished equipment failure is not an acceptable cause for performance delays or nonperformance.
A test flight must be performed at the Contractor’s expense following overhaul or replacement of an engine, propeller, major component, or flight control equipment, and following adjustment of the flight control system, before the aircraft resumes service under the contract. Test flights may not be performed while the Contractor is performing aerial release services.
Aircraft Guidance & Flight Logging systems Requirements
1. All aircraft will be equipped with a fully equipped AG-NAV Guia Gold. 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 release system is on or off. The system will provide immediate deviation indications and be sufficiently accurate to keep the airplane on the desired flight path. The contractors flying crew must be well versed and capable of using AgNav DGPS.
2. Compact moving map display with polygon feature that will alert the pilot when the airplane 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 airplane.
4. A course deviation indicator (CDI) or a course deviation light bar, also a CDI, will be installed on the airplane and in a location that will allow the pilot to view the indicator with direct or peripheral vision without looking down. The CDI will be capable of pilot selected adjustments for course deviation indication with the first indication at three feet or less.
5. The system will 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 will be equipped with software for flight data logging that has a system memory capable of storing a minimum of four 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- release on/off, insect release machine auger or motor RPM, aircraft registration number, pilot name, and job name or number. The flight data log software will be, at a minimum, compatible with windows XP PC computers, desk jet, laser, or inkjet printers and plotters. The system will compensate for the lag in logging release on/off. The system will display release on/off at the boundary without a saw tooth effect, and shall have the capability to end log files, rename, and start a new log in flight.
7. The software will generate the map of the entire flight within a reasonable time. Systems that require more than one minute to generate the map for a four-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 release on/off. The software will be capable of: replaying the entire flight in slow motion and stop and restart the replay at any point during the flight; zooming to any portion of the flight for viewing in greater detail and printing the entire flight or the zoomed-in portion and shall have a measure feature that will measure distance in feet between swaths or any portion of the screen and be able to determine the exact latitude/longitude at any point on the monitor.
8. Flight information software provided by the contractor will have the capability to interface with Arc View GIS (version 3.3 or higher) or MapInfo (version 6.5 or higher). The interface process will be “user friendly”, as program personnel will be responsible to operate the system in order to access the information.
9. The contractor will provide a user’s manual for the data logger software.
10. The contractor will be responsible for providing program personnel with all flight recorded information at the end of each day or when requested. The contractor will provide an appropriate downloading device (i.e. standard USB flash drive) to enable program personnel to retrieve flight data information.
Data Rights and Section 508 Flight data, logs, and operational records produced under this contract are Government property. The Contractor must provide full access to recorded flight and operational data. Data must be compatible with GIS systems used by APHIS, including Arc View GIS version 3.3 or higher or MapInfo version 6.5 or higher.
All software and electronic deliverables must comply with applicable federal IT accessibility standards and must support standard Windows-based compatibility and reporting requirements.
KEY PERSONNELS & QUALIFICATIONS
The Contractor must maintain adequate and qualified staffing (including key personnels) to meet operational requirements and internal planning to ensure continuity of operations during short-term absences, illness, personal emergency, removal, resignation, or extended unavailability of Key Personnels listed under this section. The Government is under no obligation to accept unapproved personnel. Delays in performance due to failure to provide qualified personnel may be treated as Contractor performance issues.
Key Personnels must maintain the performance, safety, licensing, medical, conduct, and communication standards required in this PWS at all times. The Contractor must take personnel action against any pilot who operates an aircraft in a negligent manner or fails to perform satisfactorily. The Government reserves the right to dismiss any pilot who operates an aircraft negligently or fails to perform satisfactorily during the contract period.
The COR and/or USDA Representative will determine whether pilots are qualified in accordance with this PWS. Upon request, the Contractor must promptly submit documentation sufficient to verify pilot qualifications, certifications, medical status, flight experience, and ability to operate required electronic guidance systems. Only personnel whose qualifications can be verified will be considered for use under this contract.
Program Manager The Contractor must designate a Program Manager (PM) under this contract as Key Personnel due to the critical nature of aviation operations and mission-essential skills required for NWS release and transportation missions.
The Contractor must provide the Government with the name of the Program Manager. The Program Manager shall be present at the work site whenever contract work is performed. If the Program Manager is not on site at all times, the pilot or other company representative on site must have authority to make decisions on aircraft repairs or other operational matters. The Contractor must not withdraw or substitute qualified aircraft or pilots without approval of the COR and/or USDA Representative.
Release Flight Crews
1. A qualified instrument rated Commercial pilot or Airline Transport pilot with a current First or Second-Class FAA medical certificate for each airplane who has:
a. More than 1,500 hours total time.
b. More than 250 hours as pilot-in-command.
c. More than 75 hours night flying
d. More than 50 hours of instrument, 5 hours must be in actual instrument weather.
e. More than 100 hours of the stated flight time must have occurred in the past 12 months.
f. More than 100 hours multi-engine time as pilot-in-command (if multi-engine aircraft are used).
g. A minimum of 25 hours pilot-in-command time in the make and model of the aircraft to be used, at least 10 hours of which must have been acquired within the preceding 12 calendar months.
h. Ability to operate the electronic guidance system.
2. A qualified copilot/disperser for each aircraft that:
a. Has basic mechanical knowledge/skills to learn how to operate, clean, and make minor adjustments to a special-purpose insect release machine, auxiliary power unit generator, and related equipment.
b. Is able to work in an environment inside an airplane that can cause motion sickness.
c. Is able to fill out daily work sheets and read maps for tracking and reporting activities.
3. Personnel that have basic mechanical knowledge/skills to learn how to operate, clean, and make minor adjustments to a refrigerated special-purpose insect release machine.
4. Be able to obtain Visa/Passport status as applicable and ability to conduct flights and land in MX if needed.
Other Personnels
1. Personnel capable of operating and downloading the airplane flight data logging system and of providing essential training and guidance for project personnel to ensure proper transfer of required mapping data to COR or Authorized USDA Representative. This person(s) can be a pilot or co-pilot as well.
2. Personnel that have basic mechanical knowledge/skills to learn how to operate, clean, and make minor adjustments to a refrigerated special-purpose insect release machine. This person(s) can be a pilot or co-pilot as well.
PERFORMANCE STANDARDS & COMPLIANCE
Contractor Performance Standards Contractor’s performance will be monitored throughout the effective period of the contract. It is important that the contractor maintains performance standards under this contract. The COR or Authorized USDA Representative will notify the contractor in writing or by email of performance issues on a weekly basis. In accordance with 52.212-4 (b) Inspection/Acceptance, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming services.
| PERFORMANCE ELEMENT |
| PERFORMANCE REQUIREMENT |
| ACCEPTABLE QUALITY LEVEL |
| METHOD OF SURVEILLANCE |
| 1. Performing Scheduled Flights (See Section 3.4.1) |
| Work is ordered and communicated with contractors at least once every 7 days. The contractor is expected to perform all flights requested from the COR or Authorized USDA Representative. |
No more than six occurrences of missed scheduled flights per year.
15% of hourly flight rate will be deducted for each subsequent missed flight that year.
On Site Monitoring by USDA or authorized representative and review of Daily Aircraft records
Example: Two flights missed on December 12. If hourly flight rate is $1000 then $150 x 2 = $300 will be deducted from monthly invoice for those missed flights.
| 2. Proper Release/Flights flown as instructed (Section 3.5.2) |
| Contractor shall follow flight/release direction of COR or Authorized USDA Representative to ensure that flight is flown properly, and NWS flies are released in correct designated areas and at correct rates. |
No more than six occurrences for improper flights or improper release per year
10% of hourly flight rate will be deducted for each subsequent improper release/flight flown that year
Review of flight data recording records, Region Statistics Sheet, and Daily Aircraft Records
Example: Two flights on Dec. 12th had incomplete flight data due to AGNAV equipment malfunction. If flight rate is $1000 then $100 x 2= $200 will be deducted from the monthly invoice.
| 3. Public Relations (Section 6.2) |
| Contractor and all employees of the Contractor, and their subcontractors, to display a positive image of USDA by ensuring that their employees, and the employees of their subcontractors, maintain favorable relations with the general public. |
| No tolerance. May constitute grounds for termination and payment shall not be made. |
Verified and valid complaints received from the general public, FAA, TSA, Military, or ATC
Public Relations/Precautions It is essential for the contractor and all employees of the contractor, and their sub-contractors, to display a positive image of the USDA by ensuring that their employees, and the employees of their sub-contractors, maintain favorable relations with the general public. Personnel will be courteous in their dealings and shall communicate in a professional manner with the general public, FAA, AFAC, military, and Air Traffic Control (ATC) personnel. If restrictions, delays, or other complications result in compromising aerial release operations over any release area caused by unfavorable relations and/or non-professional interactions with the general public, AFAC, military or ATC, this conduct may result in an immediate termination of the contract for reason of default.
Contractor Liabilities The contractor will be liable for any damage, losses, or injuries to people, property or animals that may occur as a result, directly or indirectly, from its work performed while under contract with USDA. The contractor will immediately notify the COR and/or the USDA Representative and CO of any damage, losses, or injuries occurring during the performance of the contract.
The contractor will be liable for the loss of any NWS flies and will reimburse USDA of flies lost due to negligence on the part of the contractor. The contractor may not be charged liquidated damages when the delay in delivery or performance arises out of causes beyond control and without the fault or negligence of the contractor.
Certification Requirements (State & Federal) The contractor will be required to comply with 14 CFR Part 135, related Federal Aviation Agency (FAA) rules and any other Federal/State/County regulations/requirements covering operations that will be conducted. The contractor's pilots are licensed and certified by the FAA, and, if applicable, any States in which they are operating. Immediately upon award of the contract, the contractor will contact the appropriate offices to identify all FAA, state, and county requirements.
Before performance, aircraft must be made available for inspection by the COR or Authorized USDA Representative in accordance with the APHIS Aviation Operations Manual. Documents that will 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 logbooks; pilot and medical certificates; and proof of flight review and insurance, and documentation of FAA Form 337 major repair and alteration approval for installation of the insect release machine when applicable. Documents provided for proof of insurance will clearly state:
| a. | The aircraft registration number |
| b. | The period of coverage |
| c. | Limits of liability |
Due to cross border flights, the contractor will be required to comply with applicable AFAC and other Mexican regulations covering operations that may be conducted. The contractor will be licensed to do business in Mexico. The contractor and contracted pilots will be licensed to fly and perform aerial release services in Mexico. Immediately upon the award of the contract, the contractor will contact the appropriate offices to identify all AFAC and any other applicable Mexican federal aviation officials related to aerial release requirements.
Prior to beginning aerial operations/performance under this contract, the prospective contractor will submit copies of proof for the following:
1. Insurance
2. AFAC Certificates of Waiver that apply will be in effect before starting operations.
3. Aerial permits from the government of Mexico required to perform this service
If the aircraft meets all requirements, an Aircraft Data Card (APHIS Form 150) authorizing use of the equipment will be issued by the Contracting Officer or Authorized USDA representative. The Aircraft Data Card must be with the aircraft at all times.
Contractor is responsible for all costs associated with re‑inspection when deficiencies result from contractor negligence.
The Contractor must comply with the requirements of 41 CFR Part 102‑33, Management of Government Aircraft, as applicable to federally funded aviation activities. The Contractor must provide all aircraft inventory, cost, utilization, and operational data necessary to support USDA‑APHIS reporting into the Federal Aviation Interactive Reporting System (FAIRS). All required aircraft data, flight records, cost information, and inventory updates must be submitted to the USDA Aviation Fleet Program Manager or designee in the format and timeline specified by APHIS to ensure compliance with 41 CFR Part 102‑33 Subpart E (Reporting Information on Government Aircraft).
Insurance Requirements The Contractor must maintain, at its own expense, all insurance necessary to comply with FAR 52.228‑5, Insurance—Work on a Government Installation, and FAR 52.245‑1, Government Property, Alternate I, as applicable. Insurance must fully cover all aircraft operations conducted under this contract, including those designated as Public Aircraft Operations (PAO) in accordance with 49 U.S.C. §40125 and FAA Advisory Circular 00‑1.1B. Insurance must remain effective for the duration of the contract and any exercised option periods.
All‑Risk Aircraft Hull Insurance: Contractor‑Owned Aircraft. The Contractor must maintain All‑Risk Aircraft Hull Insurance for each Contractor‑owned aircraft used to perform this contract. Coverage must be written for the aircraft’s full current market value and must apply during storage, ground handling, maintenance, taxi, and flight operations, including PAO missions. The policy must not contain exclusions for PAO missions, cross‑border flights, or missions under FAA/AFAC oversight. All aviation insurance policies required under this contract must include an endorsement affirming coverage for Public Aircraft Operations. The endorsement must remove any civil‑aviation‑only exclusions and must state that coverage applies to missions determined to be PAO on a flight‑by‑flight basis pursuant to FAA AC 00‑1.1B. The Contractor must ensure that no policy exclusion invalidates coverage due to PAO status, mission purpose, aircraft operator, or persons onboard.
All aviation insurance policies required under this contract must include an endorsement affirming “any airworthiness” certificate coverage. The endorsement must remove any exclusions tied to the type of airworthiness certificate and must state that coverage applies whether the aircraft holds a Standard, Restricted, Experimental, or any other FAA‑issued airworthiness certificate. The Contractor must ensure that no policy exclusion invalidates coverage due to airworthiness certificate type.
All liability insurance policies required under this contract must name the United States of America, Department of Agriculture, as Additional Insured. All such policies must include a Waiver of Subrogation in favor of the United States to the extent permitted by law.
All required insurance policies must provide the Contracting Officer with no less than thirty (30) days’ written notice of cancellation, non-renewal, or any material change that affects coverage levels or required endorsements.
The following coverage types and minimum limits are required in accordance with AGAR 428.306 Insurance Under Fixed-Price Contracts.
a. Workers' Compensation and Employer's Liability. The contractor must comply with applicable Federal and State workman’s compensation and occupational disease statutes. If these diseases are not covered, they must be included under the employer's liability section of the policy, unless contract operations are commingled with the contractor's commercial operations. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that prohibit private carriers from providing workers' compensation.
b. General Liability. The contractor must have bodily injury liability insurance coverage written on a comprehensive form of policy of at least $500,000 per occurrence.
c. Automobile Liability. The contractor must have comprehensive automobile liability insurance covering bodily injury and property damage for all vehicles used in the contract. For U.S. operations, the coverage must be at least $200,000 per person, $500,000 per occurrence for bodily injury, and $20,000 per occurrence for property damage or loss.
d. Aircraft Public and Passenger Liability. When using aircraft for the contract, the Contractor must have aircraft public and passenger liability insurance. Coverage must be at least $200,000 per person, $500,000 per occurrence for bodily injury, excluding passengers. For passenger injury, coverage must be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
Prior to beginning performance, and annually thereafter or upon policy renewal, the Contractor must provide the Contracting Officer with certificates of insurance and copies of all required endorsements, including:
(1) PAO Endorsement
(2) “Any Airworthiness” Certificate Endorsement
(3) Additional Insured Endorsement
(4) Waiver of Subrogation
(5) 30‑Day Cancellation Notice
(6) Aircraft Hull Insurance Declarations and Schedule of Covered Aircraft
The Contractor must identify each flight as PAO or civil using the criteria in FAA AC 00‑1.1B. The Contractor must ensure insurance coverage applies to each operation as designated.
Public Aircraft Operations (PAO)
(a) Statutory Status. USDA-APHIS missions conducted under this contract have been determined by the USDA APHIS Office of General Counsel (OGC) to meet the statutory definition of Public Aircraft Operations (PAO) under 49 U.S.C. §§ 40102(a)(41) and 40125. In accordance with federal statute and FAA policy, PAO eligibility must still be determined on a flight‑by‑flight basis, and each flight must be classified entirely as either PAO or civil prior to departure. USDA-APHIS and the Contractor will jointly determine whether each flight meets the statutory requirements for PAO as required by FAA AC 00‑1.1B.
(b) Written Declaration & FSDO Notice. USDA-APHIS will issue a written declaration of public aircraft status identifying the operator, aircraft, registration, period of performance, and nature of the operations. In accordance with FAA AC 00‑1.1B, this declaration is provided once in advance of PAO operations to notify the FAA that the contract anticipates public aircraft operations.
The Contractor must submit a copy of the USDA-APHIS declaration to the FAA Flight Standards District Office (FSDO) with oversight of the Contractor before conducting PAO operations.
A flight‑by‑flight determination will be made jointly by USDA-APHIS and the Contractor prior to each flight to confirm whether the flight meets the statutory requirements for PAO; however, a written declaration to the FAA is not required for each individual flight.
(c) Oversight & Rules. For PAO flights, the Government assumes responsibility for safety oversight. The Contractor must comply with general NAS operating rules applicable to all users, mission-specific USDA-APHIS requirements, and any waivers authorized by FAA or USDA-APHIS.
(d) Commercial Purpose. The Contractor must not accept payment or reimbursement from any entity other than the Government for PAO flights. No transport of persons or property for compensation or hire will occur on PAO flights except as expressly permitted under 49 U.S.C. § 40125.
(e) Persons Onboard. Only crewmembers and qualified non-crewmembers as defined in 49 U.S.C. § 40125 may be carried on PAO flights. The Contractor must maintain manifests identifying status of persons onboard.
(f) Dual-Mode (Flight-to-Flight) Operations. The Contractor may operate the same aircraft in both civil operations and Public Aircraft Operations (PAO), provided that each flight is classified entirely as either civil or PAO. Prior to conducting any civil flight after a PAO mission, the Contractor must ensure and document that the aircraft conforms to all applicable civil airworthiness, maintenance, and operational requirements.
(g) Contractual Safety Standards. References in this contract to Part 91/135/maintenance programs are contractual safety standards and do not convert PAO flights to civil status. USDA-APHIS oversees compliance with these standards during PAO flights.
SAFETY, SECURITY & RISK MANAGEMENT REQUIREMENTS
Accident Reporting & Investigation The Contractor must immediately notify the COR, USDA Representative, Contracting Officer, and SAMO of any damages, losses, injuries, accidents, or incidents occurring during contract performance. The Contractor must maintain accurate records of such events and must make available all flight records, aircraft, equipment, and other information required by the Government to assess the event. The Contractor may not remove or alter aircraft or equipment involved in an accident except as authorized for safety, rescue, or investigation purposes.
Rescue & Salvage Responsibilities The Contractor is responsible for rescue and salvage responsibilities related to Contractor-owned or operated aircraft, equipment, agents, employees, or subcontractors unless otherwise directed by the Government. Salvage of damaged or demolished aircraft and equipment will be performed at the Contractor’s expense unless otherwise specified in the contract.
Background checks The Contractor will 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 will 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 requires 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.
Contractor Safety Management & Operational Risk Controls The Contractor must maintain internal safety processes, operational risk controls, and supervisory practices sufficient to perform all aviation activities safely and in compliance with FAA, AFAC, airport, and contract requirements. Safety processes must address aircraft readiness, crew qualification, fatigue, weather, maintenance, fueling, flight-line operations, release equipment, data logging equipment, incident reporting, and corrective actions. Failure to maintain safe and compliant operations may result in suspension of flight activities, payment deductions, or other contractual remedies.
Requirement.
The Contractor must establish, implement, and maintain its own Safety Management System (SMS) covering all aviation activities performed under this contract. The Contractor’s SMS must, at a minimum, include Safety Policy, Safety Risk Management, Safety Assurance, and Safety Promotion processes and be compatible with USDA-APHIS aviation safety practices.
Alignment.
The Contractor’s SMS must integrate applicable USDA-APHIS procedures and tools for missions performed under this contract, including use of the USDA-APHIS Flight Risk Assessment…
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