Attachment 2 - Performance Work Statement _ NWS Transportation Services Rev1.docx

Revision 1 – 9/28/2026

US Department of Agriculture (USDA)

Performance Work Statement (PWS)

Table of Contents

PROJECT

New World Screwworm (NWS) Aviation Support Services – NWS Transportation Services

SCOPE OF WORK

This contract provides aircraft, crew, and associated operational support for the transportation 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:

· Transport sterile NWS pupae from production facilities to dispersal locations

· 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 insects must be hatched from their pupae at centrally located dispersal centers. APHIS currently maintains a sterile insect dispersal center at Moore Air Base. Its location allows for dispersal operations throughout the Southern United States and into Mexico as necessary. However, sterile pupae production is currently done at an international production location.

OPERATIONAL SERVICES & MISSION ACTIVITIES

Air Transportation Operations The contractor will provide air transportation for the movement of sterile NWS pupae from international production facilities to McAllen International Airport or other designated locations as determined by the COR or his/her designated representative. Services shall include chain-of-custody management, customs clearance support, and maintenance of environmental conditions necessary to preserve pupal viability throughout transport. The contractor shall maintain the capability to transport sufficient quantities of sterile NWS pupae to support APHIS dispersal operations, currently estimated at 100 million pupae per week with plans to ramp up to 500 million pupae per week by the end of 2028. Contractor will receive APHIS packaged pupae, transport them to the designated dispersal center, and return all empty transport coolers to the production facility of origin for reuse (return does not need to happen the same day). Scheduling of cooler returns will follow operational needs and COR direction. Coolers will be delivered to the aircraft at the airfield by USDA/COPEG personnel. Actual transportation requirements may increase or decrease based on production capacity, dispersal operations, program priorities, and emergency response requirements.

Contractor Performance Requirements The contractor will provide services, as needed during the contract period, with appropriate number of operational fixed winged airplanes(s) for pupae transportation and qualified pilots as designated in each task order.

The contractor will provide aircraft, personnel, supervision, labor, supplies, services, facilitating equipment, and associated materials required for the transportation 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 the estimated flight hours and number of flight days per week.

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. 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 in the United States, 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.

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 flight schedule 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 contract 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 transportation 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 transportation 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.

Transportation 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 Individual work orders via email at a frequency of no less than once every 4-7 calendar days. The transportation schedule will convey information on the number of flights for transportation during the 4-7-calendar day period, departure and arrival destinations for each flight, and amount of pupae per flight. Contractor personnel must be at the base to coordinate departures at the time indicated by COR or USDA representative.

24-48 Hour Request Since this is an emergency program, there may be a chance that the USDA will request transportation within 24-48 hours depending on outbreak cases and locations.

Importance of Starting and Accomplishing Flights on Time There are numerous biological, entomological and physical factors that determine the viability of insects during transportation. 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.

TECHNICAL REQUIREMENTS, AIRCRAFT & EQUIPMENT

Operating Requirements

1. All transportation 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. Transportation operations may operate IFR whenever required. Transportation flights must follow ICAO and ADIZ rules for international crossings and may file IFR above FL180, and are not limited to VFR‑only.

2. Transportation flights will be conducted six days per week. Below are our estimates of transportation operations. These numbers are informational only and do not represent actual flight hours that will be ordered.

3. Pupae pickup and delivery flight may include these routes or as designated by the COR or Authorized USDA Representative:

· COPEG (Panama) to Tampico, MX or Moore Air Base, TX

· Metapa, MX to Tampico, MX or Moore Air Base, TX

· Moore Air Base, TX to dispersal centers outside of Texas (Arizona and Florida)

4. May include return trip if return material is required to the departure base.

5. Aircraft designated for pupae transport will have flight autonomy of 6 hours at minimum. For pupae transportation missions conducted within the United States, the 6‑hour minimum fuel autonomy requirement may be waived provided the aircraft can complete the assigned route in a single continuous flight without intermediate fuel stops. The Contractor must:

· Demonstrate, via flight planning documents, that the aircraft’s fuel endurance supports uninterrupted completion of the designated domestic route under expected operational conditions;

· Maintain all other contractual pupae transport requirements, including cargo capacity, environmental control, and adherence to the 9:00 AM–5:00 PM delivery window for any mission connected to international shipments;

· Receive written COR approval for each domestic mission operating under this autonomy waiver.

This waiver applies only to U.S. domestic legs (e.g., Moore Air Base/Edinburg, TX to Arizona or Florida) and does not apply to international transport routes, which must comply with the full 6‑hour autonomy requirement.

6. The aircraft's optimal load is up to 800kg, which can be distributed with more material or personnel.

7. Aircraft must be able to fit at least 48 coolers per trip (~ 16.5 million pupae). 55L/80lbs Styrofoam coolers are currently used with the specs below. Cooler type and size may change throughout the contract term

· Weight empty: 700grams

· Weight filled: weight will vary based on the amount of liters of pupae placed in the cooler. At times we fill the cooler with 36 liters or 44, even up to 48 liters.

· Measurements: 64.2cm long, 41.5cm wide and 33cm height.

8. Contractor will be responsible for loading and arranging the cargo.

9. Arrival and delivery of pupae shall be between 9am-5pm or during COR business hours to ensure CBP customs clearance availability at arrival destination for any international shipments.

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. Airplanes 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.

Transportation of replacement aircraft, equipment, and/or supplies to point of use will be at the Contractor’s expense. The Contractor will have a vehicle available to access the Platform and will be responsible for obtaining the Airport’s permits (for the vehicle and the 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 transportation services.

Aircraft Guidance & Flight Logging systems Requirements

1. All aircraft will be equipped with a fully equipped AG-NAV or some form of organic onboard flight-tracking system. 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. The contractors flying crew must be well versed and capable of using AgNav DGPS or aircraft’s organic onboard flight-tracking system.

2. 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, 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 shall have the capability to end log files, rename, and start a new log in flight.

3. 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. 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.

4. 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.

5. The contractor will provide a user’s manual for the data logger software.

6. 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 services. 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 dispersal and transportation missions.

The Contractor must provide the Government with the name of the Program Manager. It is preferable that the Program Manager 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.

Transportation Flight Crews 14 CFR § 25.1523 requires transport-category aircraft to be certificated with a minimum of two pilots— regardless of flight duration—unless the type design specifically requires more. Pilots and crews must be able to obtain Visa/Passport status as applicable and ability to conduct flights and land in MX and Panama.

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.

No more than two 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.

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, AFAC, military, and Air Traffic Control (ATC) personnel. If restrictions, delays, or other complications arise 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 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 log books; and pilot and medical certificates. Documents provided for proof of insurance will clearly state:

Due to cross border flights, the contractor will be required to comply with applicable AFAC and other Mexican or Panama regulations covering operations that may be conducted. The contractor will be licensed to do business in Mexico and Panama. The contractor and contracted pilots will be licensed to fly in Mexico and Panama. Immediately upon the award of the contract, the contractor will contact the appropriate offices to identify all AFAC and any other applicable Panama or Mexican federal aviation officials related to transportation services.

Prior to beginning 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. Any applicable permits required to perform this service in Panama or Mexico.

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 (POA)

(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 Tool (FRAT) and SAFECOM hazard/incident reporting, as directed by the APHIS Senior Aviation Management Official (SAMO).

Submission and Acceptance.

Within 30 calendar days of award (or prior to flight operations, whichever is earlier), the Contractor must submit its SMS documentation (policy, procedures, reporting, assurance, and training) to the APHIS SAMO for review of alignment. The Government’s review confirms compatibility with USDA-APHIS practices and does not relieve the Contractor of responsibility for safety performance.

Reporting and Notifications.

The Contractor must:

(a) Report aviation hazards and incidents via SAFECOM and the Contractor’s internal system;

(b) Provide immediate notification to the COR of any accident/incident affecting a USDA-APHIS mission, followed by written reporting to the SAMO and Contracting Officer (CO).

Corrective Actions and Data Sharing.

The Contractor must maintain a hazard log, track corrective actions, and share relevant safety data/trends with USDA-APHIS upon request to support mission risk management.

Training and Competency.

The Contractor must document and maintain safety training and qualifications commensurate with the Contractor’s roles and aircraft operated under this contract.

Subcontractors.

The Contractor must flow down these SMS requirements to all aviation subcontractors performing under this contract.

Enforcement.

Failure to maintain and operate an effective, USDA-APHIS‑aligned SMS constitutes a material breach and may result in suspension of flight activities, withholding of payments, or termination, in addition to other remedies

Flight Following Requirements The Contractor must maintain continuous flight following for all flights conducted under this contract in accordance with the APHIS Aviation Operations Manual. The Contractor must:

1. provide flight-following using one or more of the following systems approved by APHIS:

· Automated Flight Following (AFF)

· Satellite tracking systems

· VHF/UHF radio communications Cellular or satellite voice communication

2. Maintain check‑in intervals not to exceed 30 minutes unless otherwise directed by the COR.

3. Notify the COR immediately of any loss of communication.

4. Treat an aircraft as overdue when:

· No communication or visual contact has been established, and

· 30 minutes have passed since the estimated time of arrival (ETA) or last required report.

5. Maintain a written time-stamped log of all flight-following contacts.

6. Immediately initiate SAR notification procedures when an aircraft becomes overdue.

CONTRACTOR & GOVERNMENT INTERACTIONS

Contractor & Government Obligations Contractor agrees to do the following:

1. Provide airplanes that are fully licensed by the FAA and AFAC as applicable

2. Pay all operating expenses of his/her airplanes, including maintenance, servicing, inspection, hangar, tie down, parking fees, gratuities, pilot salary and crew member salary. Contractors must operate and maintain aircraft in accordance with all applicable manufacturer specifications, FAA regulations, AFAC requirements, and contract requirements.

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

4. Arrange with the designated base airport(s) of operations for:

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

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

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

5. Abide by all applicable regulations such as, but not limited to, environmental, security, and facility use of the designated base airport(s) of operations.

6. Verify that invoices are in accordance with Federal Acquisition Regulations (FAR) 52.212-4(g).

Government agrees to do the following:

1. Provide briefing information and maps for the flight crew.

2. Provide initial training for special-purpose activities for the pilot; replacement or relief personnel shall be trained by the contractor.

3. Provide and maintain a daily airplane record, showing the flight time in hours and tenths of hours flown on each trip.

4. Contractor or Program Manager and the COR or USDA Representative will sign this record on a weekly basis to acknowledge agreement with all entries. The contractor or CR will receive a copy of this signed daily record.

Mutual Agreements and Understandings

1. The COR and/or USDA Representative may reject any airplane or GPS that does not comply with the requirements of the contract.

2. The COR and/or USDA Representative will determine whether pilots are qualified in accordance with the requirements of the Statement of Work. The Contractor will take personnel action against any pilot who operates his/her airplane in a negligent manner or fails to perform satisfactorily. The Government reserves the right to dismiss any pilot who operates his/her airplane in a negligent manner or fails to perform satisfactorily during the period of the contract. The COR and/or USDA Representative may, at any time, require a pilot to demonstrate his/her ability. Such demonstration flights shall be made at the expense of the contractor.

3. As used in the contract, the word “day” will be interpreted as calendar day, seven days a week.

4. The Contractor will not withdraw or substitute any qualified airplane or pilot without the approval of the COR and/or USDA Representative.

5. The COR or Program Aerial Coordinator will accompany flights as necessary to monitor Contractor performance.

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

7. The Government may not assume any responsibility whatsoever for loss or damage of equipment owned or operated by the Contractor, its agents, employees, or subcontractors for injuries to or death of the Contractor, its agents, employees, or subcontractors.

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

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

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

11. The Contractor will not be responsible for any negligent or wrongful acts or omission of the USDA, its employees, USDA contractors or their employees.

12. The Government assumes no responsibility for loss or damage to equipment owned or operated by the Contractor, its agents, employees, or subcontractors, or for injuries to or death of the Contractor, its agents, employees, or subcontractors, except as otherwise provided by law or contract.

13. The Contractor is liable for damages, losses, or injuries to people, property, or animals that occur directly or indirectly from work performed under contract with USDA. The Contractor is also liable for the loss of NWS flies due to Contractor negligence and must reimburse USDA for flies lost due to such negligence. The COR and/or USDA Representative will estimate the quantity of loss attributable to Contractor negligence.

Contractor Furnished Equipment Except for those items or services specifically stated in Section 8.4 entitled Government furnished equipment and services, the contractor must furnish everything needed to perform the services described in this contract.

Government Furnished Equipment and Services

1. Sterile NWS Flies (Pupae) Sterile flies will be delivered to the aircraft each day prior to dispersal by USDA, AHPIS personnel. Monetary consideration may be deducted from money due the Contractor, for any loss of flies that directly resulted from contractor’s failure to perform under this contact in addition to any other consideration mentioned in Section 6.1, Contractor Performance Standards.

2. Transport Coolers Sterile flies will be transported and stored in coolers provided by the USDA or COPEG. Once pupae are delivered, coolers shall be returned to the point of origin for reuse. Contractor shall report to COR or USDA representative of any loss or damaged coolers.

3. Fuel Fuel will be obtained at the airport that is the base of operations for the contractor. Contractor is expected to pay for fuel first. USDA will reimburse properly invoiced fuel used for the transportation services under this contract.

Delays Beyond Contractor Control Per FAR 52-212-4 (f) the Contractor will not be liable for delays or failures caused by the USDA, or reasons beyond the control of the Contractor.

Hourly Flight Rate will be charged when the aircraft are cleared for takeoff and continuing until the aircraft lands. Hours charged will not include:

1. The time the aircraft are on the ground between flights.

2. Aircraft loading time prior to the approved starting time or after operations are shut down.

Invoices

1. 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 at Enroll at https://ipp.gov

2. Invoices shall be prepared monthly in accordance with FAR 52.212-4 (g) and must contain the price with and without IVA. Performance standard deductions for that month must also be included on the invoice. Supporting documentation will be required for T&M CLINS.

3. Foreign vendors will not be required to use the IPP system unless they are requiring payment into a United States bank account.

KEY DELIVERABLES