FINAL_Amendment_2_AG-024B-S-13-9006_IA_Solicitation_5-10-13.pdf

National Exclusive Use Initial Attack (32) Helicopter Pre-Proposal Conference Notes/Questions

April 18, 2013 0900-1500

RFP AG-024B-S-13-9006

Frank Gomez-Contracting Officer welcomed all and a round of introductions took place.

Frank Gomez noted to all the Meeting Protocols:

Remarks & explanations during the conference will not qualify the terms of the solicitation; and

Solicitation terms and specifications will not change unless the solicitation is amended in writing.

Evaluation of Proposals:

Awards will not be awarded until after October 1, 2013, FY2014. Proposals will need to stay open from the time of submittal to November.

Concerns with Proposal Submission:

Request that Proposals are Neat, Complete and Accurate when submitting.

It is the contractor’s responsibility to assure a professionally organized proposal.

Need to include accurate current records as per the evaluation criteria.

Keep in mind that there are several sets of eyes looking at your proposal.

Make it as clear as possible and assure it is accurate, addressing the evaluation criteria in the solicitation.

Use the Offeror’s Checklist as a guide. Check it off as you to make sure you have everything you need.

Safety is very critical when evaluating. Make sure on Exhibit 31 Safety Management Systems Components Questionnaire and Accident History you provide evidence and supporting documents when asked.

Proposals are currently due on May 14, 2013 COB – Amended to June 5, 2013 COB (see Amendment 1 – posted April 26, 2013)

Best Value includes evaluating technical capability and price, not just price alone.

However, price is always a consideration and must be reasonable. For example, a helicopter can be the best performing helicopter but if it is not reasonably priced, it will be difficult to reach.

Remember Safety is #1 and Technical is #2 in our evaluation process.

Questions:

Q1 In the future if Rappel Platforms are added, how do we prepare for the modifications of the aircraft?

A1 Unless the Government approaches you , you are not worry.

Q2 If we have Rappel platforms added in the options, how is the additional cost going to be directed?

A2 Contractor and the Contracting Officer will enter into negotiations.

Q3 Are you looking to cancel the Type II’s and go to Type III’s like the BLM?

A3 We can’t compare our programs with theirs. Our model calls for the Type II size aircraft.

Q4 For Exhibit 31, if our Safety Manuals provide the answers need for supporting documentation, can we reference where and use that?

A4 Yes, as longs as you reference and we can find it easily.

Q5 Considering all numbers matching the PFD is exempt from all the data, do we need to have it?

A5 Yes, because the Load Calc states so.

Q6 Are you looking for external or internal audits or just a summary?

A6 We would like a detailed report of the findings. We would also like to see your internal audits.

Q7 Are we talking about more than the mandatory documentation?

A7 Yes, the additional information you provide is beneficial to understanding your safety program.

Q8 Do you want us to do an ARA on each incident?

A8 No, that is not what we are asking for. We want your audits.

Q9 200 lb Pilot in PFD? Exhibit 22 Operational A9 PFD’s are included in that weight and that weight is for evaluation of the solicitation only

Q10 Pilot was told in the field to add the bucket weight to Chart C, is this true?

A10 The bucket weight does not go on Chart C.

Q11 Does the equipped weight, Chart C and the Load Calc need to match?

A11 Yes, they must match.

Q12 Tanks fill on both sided and doesn’t meet the specifications in Exhibit 5.

A12 We will talk to the folks in the field and see what they want. The language will be reviewed.

Q13 (B-3) Gross Weight – Fast Fin and Strake sometimes adds weight and sometimes takes weight off for the B212.

A13 It is capable until you add the tank.

Q14 There is increased weight on tanks but not on the computed Weight.

A14 Confident that the 212 will make it. We bumped the weight up by 50 pounds in Exhibit 22.

Q15 (B-5) Does a mechanic need to be on site at all times?

A15 Yes, there needs to be a mechanic (at least 1) and a fuel truck driver.

Q16 (B-9) Availability is meant for the helicopter, not the personnel, correct?

A16 Extended Standby is meant for personnel and is to offset the costs up to 14 hours.

Q17 (B-11) When you are looking at bids, if all the boxes are checked is that better.

A17 No, that doesn’t affect the evaluations. This is for dispatch purposes.

Q18 (B-12) Certificated for Left Seat?

A18 Important since the box is checked.

Q19 If left seat is permanent, is that acceptable?

A19 There is no other method, has to be a STC.

Q20 Can we operate from the left or right seat?

A20 Yes

Q21 Configuration change with weight. Can we add the gear for tanks.

A21 Yes, the 500 lbs was an estimate. Please let us know if it is not working and we can change Exhibit 22.

Q22 What if Rapid Refueling is not available on the aircraft?

A22 There are nozzle provisions detailed in Exhibit 8 to allow rapid refueling of most aircraft

Q23 Electronic Weight & Balance is an Ops Spec Change?

A23 This is not our intention. Keep your current Weight & Balance and meet your Ops Specs.

Q24 Who is the Weight & Balance submitted to?

A24 Helicopter Manager through email. You need to work out an agreement with the manager on how to retain the data.

Q25 (E-2) Can we submit the proposal electronic?

A25 No, we want a hard copy. 1 original copy is all we need.

Q26 Can the Operations Manual be submitted on a CD?

A26 No, we really want a hard copy.

Q27 STC’s are so far out, how do we show it?

A27 Similar to how you would show a list of what you intend to install, like Chart C. Just show us a complete aircraft.

Q28 Do you want a copy of the STC?

A28 Yes, if you have it. We need a copy of the front and back of the 337 and STC.

Q29 Can to be installed suffice for installed date?

A29 Yes

Q30 Do we have to be IS-BAO certified and do we need to participate in IS-BAO audits? Do we have to fill out Exhibit 31?

A30 No, at this time there is no requirement to be IS-BAO certified or to have an IS-BAO audit.

However if the organization has been certified or audited please send information. The IS-BAO references associated with Exhibit 31 are for reference only. Yes, you have to fill out Exhibit 31.

Q31 (C-4 (d)(25)) Do we need Wire Cutters A31 Yes, the Chief of the Forest Service signed a letter and stated by 2014 that anyone carrying Forest Service personnel must carry wire cutters. If it is not available, then your aircraft will not able to submit a proposal.

Q32 Are evaluations of weights done with a new program?

A32 We have been using this model for the past 7 years and we are still modifying it.

Q33 Can the electronic flight bag (iPAD) be considered the second GPS?

A33 No

Q34 Can the copy of the contract and modifications that we carry in the aircraft be electronic?

A34 Yes, tentatively we may try it, as long as the electronic copy is easy to read. Example:

iPAD yes, iPhone no. We will come out with an official notification.

Q35 (C-15(b)) Is it per contract or line item?

A35 It is per line item.

Q36 Fire Shelters – What is the standard that we are to train to?

A36 The Amendment will have a link as where you can purchase the video for training.

Q37 Is the Fire Shelter training annually?

A37 Yes, see amended page C-41in Amendment 2 for correct language.

Q38 Do we have to supply a certificate to the manager for proof we have a fire shelter or do we need to demonstrate how to use it?

A38 The manager will determine what they would want for verification.

Q39 How many fire shelters do we need?

A39 You need one for each person working, whether on the ground or in the aircraft.

Q40 (Exhibit 21) Do we have to use for forms?

A40 Yes, according to the evaluation process you need to use our forms. Correction was made in Amendment 1 to E-2 SUB-PART 1 (d), page E-4.

Q41 What is the FAA Over Water Kit considered?

A42 It is considered a Survival Kit and is counted in the weight of the aircraft.

Q43 Is part of Equipped Weight for Performance?

A43 Yes

Q44 Need clarification on submitting a “Paper Aircraft”. Can we?

A44 We would prefer not to consider a paper aircraft, but there are contractors that are interested. The Forest Service will consider it.

Q45 Hazmat – does that in employees or just pilots?

A45 Pilots

Q46 Will the pilot’s card suffice at the training record for Hazmat?

A46 Yes

Q47 The solicitation is now Set Aside for Small Business, what happens if there is not enough aircraft?

A47 We will award what we can and then may need to solicit again and include Large Business.

Q48 How is your budget looking?

A48 It is good for now.

Q49 What about Excise Taxes?

A49 “All Costs” need to be included in your pricing.

Q50 For vendors wishing to self-certify, is there a specific format, form or statement you want this in?

A50 When a company “self certifies” then we want to see evidence of an SMS audit conducted by the company. An audit process like the one outlined in the FAA in Advisory Circular (AC) 120-92A dated 8/12/10; Appendix 1, section 3.1.2 titled – “Internal Audits by Operational Departments” would be acceptable. We want to see the results of the audit and the implementation plan for the deficiencies.

Q51 What ELT is acceptable? C-8 is confusing.

A51 TSO-C91a and TSO 126 ELT’s are acceptable; TCO-91 ELT’s are not acceptable.

Q52 Could you clarify in Amendment 1, Sec E, Part II, Sub-Part 1(a), (b) & (c) regarding 133, 135, & 137 document submissions? I see that for the 133 docs, a copy of the cert, & copy of the LOA are sufficient, which seems reasonable; but for the 135, the request is for the full Operations Specs and Operations Manual (Total Pages = @220). For the 137 docs, would it be sufficient to include just a copy of the 137 cert & a copy of the Aircraft Authorization page A003- 1, similar to the 133, instead of the complete 137 Ops Specs?

A52 A copy of the 137 cert and a copy of the Aircraft Authorization page A003-1 will meet the as applicable part of Sec E-2 Part II, Sub-Part 1 (c) 14 CFR Part 137 Operating Certificate and Operations Specifications as applicable.

Q53 Per Subpart 1(b), in lieu of submitting our entire 135 Ops Specs & Ops Manual, would it be permissible to include a copy of our 135 Cert and a copy of only page D085 (Aircraft Listing) showing that the aircraft that we are bidding is on our 135 certificate?

A53 The solicitation is clear that we are requiring the 135 Operations Manual, the entire manual is required, and Operations Spec. (Sec E-2 Part II, Sub-Part 1 (b) Copies of 14 CFR Part 135 Operating Certificate, Operations Specifications and Operations Manual.)

Q54 Please clarify IS-BAO references in Exhibit 31.

A54 There is no requirement to be IS-BAO certified or audited. Listed IS-BAO standards are for reference only.

National Exclusive Use Initial Attack Helicopter Services (32)

AG-024B-S-13-9006

Amendment 2 Table of Changes

Section Page Description

TOB Table of Contents iii Replace Table of Contents page C C-10 C-27 Paragraph (h) (2) – changed “employees” to “pilots” C C-19 C-41 Paragraph (f) – added language and websites C Exhibit 22 C-133 Changed Maximum Equipped Weight for BH212-HP BLR E E-2 E-5 Paragraph SUB-PART 1 (h) – added language under “Note” E E-3 E-10 Paragraph (b) (1) (x) – added language under “Note” E E-3 E-10 Paragraph (2) – changed “equal in” to “in descending order of”

Solicitation No. AG-024B-S-13-9006 US Forest Service National Exclusive Use Initial Attack Medium Helicopter Services National Office

TABLE OF CONTENTS

iii Amendment 2

EXHIBIT 17 - SUPPLEMENTAL RAPPEL REQUIREMENTS – EQUIPMENT C-116

EXHIBIT 18 - CONTRACTOR’S VERIFICATION OF INDIVIDUAL HELICOPTER PILOT

REQUIREMENTS AND EXPERIENCE FOR INITIAL INTERAGENCY

APPROVAL C-123

EXHIBIT 19 - “ON CONTRACT” PILOT OPERATIONAL TRAINING C-124

EXHIBIT 20 - AIRCRAFT MECHANIC (HELICOPTER) QUALIFICATION FORM C-126

EXHIBIT 21 - WEIGHT AND BALANCE FORM C-128

EXHIBIT 22 - COMPUTED GROSS WEIGHT TABLE C-134

EXHIBIT 23 - PERFORMANCE BY GOVERNMENT-FURNISHED PILOT C-135

EXHIBIT 24 - FAA OVER WATER KIT C-138

EXHIBIT 25 - LITTER KIT PROVISIONS AND LITTER C-139

EXHIBIT 26 - AERIAL IGNITION C-140

EXHIBIT 27 - RESERVED C-142

EXHIBIT 28 - PUBLIC AIRCRAFT OPERATIONS C-143

EXHIBIT 29 - VENDOR-CONTRACTOR QA/EVALUATION/SAFETY CHECKS C-144

EXHIBIT 30 - RESERVED C-145

EXHIBIT 31 - SAFETY MANAGEMENT SYSTEM (SMS) COMPONENTS

QUESTIONAIRE AND ACCIDENT HISTORY C-146

SECTIOND - CONTRACT CLAUSES

D-1 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS

(FAR 52.212-5) (JAN 2013) D-1

D-2 CLAUSES ADDED BY ADDENDUM D-7

D-3 ADDITIONAL CLAUSES REQUIRED FOR INDEFINITE DELIVERY/INDEFINITE

QUANITY CONTRACTS INCORPORATED BY REFERENCE IN

ACCORDANCE WITH FAR 16.506 D-8

D-4 ECONOMIC PRICE ADJUSTMENT SPECIFIED FLIGHT RATE CONTRACTS D-8

D-5 PROPERTY AND PERSONAL DAMAGE D-9

D-6 OPTION TO EXTEND THE TERM OF THE CONTRACT

(FAR 52.217-9) (MAR 2000) D-10

D-7 OPTIONAL-USE PERIOD PRE MAP/POST MAP D-10

D-8 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES

(FAR 52.222-42) (MAY 1989) D-10

D-9 SERVICE OF PROTEST (FAR 52.233-2) (SEP 2006) D-10

D-10 COMMERCIAL FILMING OR VIDEO TAPING D-11

D-11 CONTRACTOR STAND-DOWN OR DEACTIVATION D-11

SECTION E - SOLICITATION PROVISIONS

E-1 INSTRUCTIONS TO OFFEROR - COMMERCIAL ITEMS

(FAR 52.212-1) (FEB 2012) (TAILORED/ADDENDA) E-1

E-2 INSTRUCTIONS FOR THE PREPARATION OF BUSINESS AND TECHNICAL

PROPOSALS E-3

E-3 EVALUATION-COMMERCIAL ITEMS (FAR 52.212-2) (JAN 1999) E-9

E-4 CONTRACT AWARDS E-11

E-5 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL

ITEMS (FAR 52.212-3) (DEC 2012) E-12

SECTION C

DESCRIPTION/SPECIFICATIONS/EXHIBITS

C-27 Amendment 2

(g) Dual Controls

Dual controls are required and shall be made accessible to an approved agency Helicopter Inspector Pilot (HIP) for all pilot performance evaluations. During flight operations the front seat not occupied by a pilot may only be occupied by a Helicopter Manager, or briefed and authorized by PIC or HMGR. For Type III aircraft, the dual controls shall be removed except during pilot evaluation.

(h) Transportation of Hazardous Material (HazMat)

(1) Helicopters may be required to carry hazardous materials. Such transportation shall be in accordance with DOT Special Permit and the DOI or FS Aviation Transport of Hazardous Materials Handbook/Guide (NFES 1068). A copy of the current Special Permit and handbook/guide and DOT Emergency Response Guide (ERG) shall be aboard each aircraft operating under the provisions of this Special Permit and can be found at this website: http://adm.nbc.gov/library/handbooks.htm

(2) It is the responsibility of the Contractor to ensure that Contractor pilots have received training in the handling of hazardous materials. Documentation of this training shall be retained by the company in the employee’s records and made available to the Government as required. Training is available at this website: https://www.iat.gov/Training/modules/a110/pre-110.html

(3) The pilot shall ensure personnel are briefed of specific actions required in the event of an emergency. The pilot shall be given initial written notification of the type, quantity, and the location of hazardous materials placed aboard the aircraft before the start of any project. Thereafter, verbal notification before each flight is acceptable. For operations when the type and quantity of the materials do not change, repeated notification is not required.

C-11 CONTRACTOR’S ENVIRONMENTAL RESPONSIBILITIES

(a) The Contractor is responsible to ensure that all maintenance, fueling, and flight activities do not cause environmental damage to property or facilities. The contractor shall ensure tanks and buckets are cleaned appropriately when requested by the government to eliminate invasive aquatic species in known contaminated water sources. Cleaning product(s) (ie; bleach etc.) will be provided by the government.

(b) The Contractor shall be responsible for all cleanups of fuel, oil, and retardant contamination on airport ramps, retardant sites, parking areas, landing areas, etc., when caused by Contractor aircraft or personnel when cleaning paved areas, the contractor shall utilize cleaning agent that are biodegradable and non-toxic. Contaminated soils shall be removed to appropriate containers and disposed of as hazardous waste.

(c) The Government may, at its option, assign an area to be utilized by the Contractor for storage of equipment used in support of Contract performance. Oil, solvents, parts, engines, etc. shall be stored and utilized in a manner consistent with acceptable safety, health and environmental concerns.

http://adm.nbc.gov/library/handbooks.htm https://www.iat.gov/Training/modules/a110/pre-110.html

C-41 Amendment 2

(e) Personal Flotation Devices

(1) A personal floatation device (PFD), normally worn around the neck and over the shoulders only, shall be worn by each individual on board the helicopter when conducting operations beyond power-off gliding distance to shore, and during all bucketed or tanked firefighting operations. Personal floatation devices that are normally worn around the waist, which need to be pulled up and over the helmet for use, are not permitted. Acceptable personal floatation devices types are; normally worn around the neck and over the shoulders, must be CO2 cartridge deployable, and have a manual inflation valve installed. Personal floatation devices should be serviced annually for damage, operation, and condition.

(2) Automatic inflation (water activated) personal flotation devices shall not be allowed.

(f) Contractor will provide USFS approved personal fire shelters (spec. 5100-606) for all contractor personnel covered under this contract. Instruction in the use of shelter deployment shall be provided by the contractor and be verified by the Helicopter Manager. Shelter deployment training shall be completed at least every 12 months. The condition and care of the shelter will meet USFS standards. Fire shelter shall be on-board the helicopter at all times while under contract and included in the equipped weight (8 lbs). Ground crews shall have fire shelters readily available for use if needed. For further information on fire shelter training and for the purchase of USFS approved fire shelters see: http://www.supplycache.com/, http://www.cascadefire.com/index.php/ and http://www.nifc.g ov/fireShelt/fshelt_main.html.

C-20 INSPECTION AND ACCEPTANCE

In accordance with Federal Acquisition Regulation Clause 52.212-4 (a), the following is added:

Note: Official Government logos such as the USFS shield and or reference to “Official U.S.

Government Fire Fighting Vehicle” will not be permitted on contractor equipment.

Pre-Use Inspection of Equipment and Personnel

(a) After award of the contract and any renewal thereof, an inspection of the contractor's equipment and personnel will be made. Inspections may be scheduled by mutual agreement between the Contracting Officer and the Contractor. The inspection will take place at the host base or other location as approved by the Contracting Officer.

(b) The helicopter, pilot, relief pilot, mechanic, fuel vehicle driver, and fuel servicing vehicle will be made available for inspection as scheduled by the CO.

(c) At the scheduled inspection, the contractor shall provide a complete listing of all FAA ADs and Manufacturer’s Mandatory Service Bulletins (MSBs) applicable to the make, model, and series of aircraft being offered. Documentation of compliance to each AD and MSB will include date and method of compliance, date of recurring compliance, and an authorized signature and certificate number will be recorded. The list shall be similar to that shown in AC 43-9, as amended.

http://www.supplycache.com/ http://www.cascadefire.com/index.php/ http://www.nifc.gov/fireShelt/fshelt_main.html http://www.nifc.gov/fireShelt/fshelt_main.html

C-134 Amendment 2

EXHIBIT 22 - COMPUTED GROSS WEIGHT TABLE (B-3 (a), Exhibit 13))

AIRCRAFT COMPUTED GROSS

WEIGHT

MAXIMUM EQUIPPED

WEIGHT

BH 205/17A or B 9700 6645

BH 210 9700 6645

BH212 9800 6510

BH212-HP 10000 6710

BH212-HP BLR 10250 6760

When bidding the above aircraft with tank increase maximum equipped weight by 500lbs.

AIRCRAFT Computed Gross Weight

@7K/20°C3300#

Maximum Equipped Weight

BH214B 13,500 8,120

BH214B1 13,500 8,278

BH214ST 15,500 10,403

CHI/KV107 18,400 12,810

SH-3 17,350 11,865

K-1200 11,400 7,007

S-61N(LONG/SHORT)/CMRB/Supp.6/DTD.

5/18/2007

17,400 11,865

S-61A/V/CMRB/Supp.10/ DTD.07/09/2008 17,400 12,465

S-61A (T58-GE-402 Engines) 17,050 11,565

S-70 18,800 13,420

AIRCRAFT Computed Gross

Weight@ 7K/20°C

Computed Gross Weight@

8K/25°C/5000#

Maximum Equipped Weight

CHI234 44,400 41,600 31,947

CH54A 37,100 35,100 24,187

CH54B 39,700 36,300 25,387

S-64E 37,100 35,100 24,187

S-64F 39,700 36,300 25,387

Does not apply to aircraft that are not listed.

SECTION E

SOLICITATION PROVISIONS

E-5 Amendment 2

(b) Copies of 14 CFR Part 135 Operating Certificate, Operations Specifications and Operations Manual.

(c) 14 CFR Part 137 Operating Certificate and Operations Specifications as applicable.

(d) For evaluation purposes only, aircraft Weight and Balance information must be submitted using the following forms. Exhibit 21 forms may down loaded at http://www.fs.fed.us/fire/contracting/Forms/forms.htm.

(1) Submit current aircraft equipment list that documents installed equipment on aircraft when weighed. Use Form A Exhibit 21.

(2) Current aircraft actual weighing documentation including scales listed by make, model, calibration date, name of individual, signature and certificate number on document that performed weighing. (Aircraft Weighing Record, Use Form B Exhibit 21)

(3) Documentation (including the name, weight, arm and moment of each item).of any equipment added or removed since the aircraft was weighed to meet the contract specification (Use Form C Exhibit 21).

(e) Helicopter Equipped Weight will be validated from d, e and f above which should be equal to or less than as identified on the schedule of Items.

(f) Manufacturers Technical data for weight and capacity of the Tank and or Bucket as applicable.

(g) Appropriate flight manual Hover Performance Charts

(h) 1-Copies of STC’s or FAA Field Approval for Equipment required in B-12 and, 2-a summary table listing of all modifications by STC number or field approval and installation date. Note: For items not yet installed or pending modifications, provide a description of the item/modification and applicable manufactures data (generic STC data, compatibility information as applicable).

(i) Helicopter Load Calculation

(j) Copy of registration and airworthiness certificates for each proposed helicopter.

Note:

Tanked Items: For the load calculation, the Equipped Weight shall include the weight of a fixed tank and snorkel.

Vendors shall use Computed Gross Weight from Exhibit 22 for load calculation purposes for submitting proposals (See Exhibit 22 Computed Gross Weight).

http://www.fs.fed.us/fire/contracting/Forms/forms.htm

E-10 Amendment 2

(x) Copies of STC’s or FAA Field Approval for Equipment required in B-12 and summary of all modifications. Note: For items not yet installed or pending modifications, provide a description of the item/modification and applicable manufactures data (generic STC data, compatibility information as applicable).

(xi) Helicopter Load Calculation

(xii) Copy of registration and airworthiness certificates for proposed helicopter.

The sub-factors are equal in importance.

(2) Safety/Risk Management/Accident Rate

(i) Safety Management System Components: The Government will evaluate your Safety Management System Components Questionnaire and the supporting documentation you provide. This documentation will be used to evaluate your organizational capability to ensure, promote and manage safety within your company. The more comprehensive your written response, the easier it will be for the Government to evaluate your program and render an objective evaluation.

A better evaluation result will be given to offerors who have an existing safety program in place and have implemented a proactive approach to accident prevention.

(ii)Accident Rate: The Government will base its evaluation on the company’s safety program in comparison to the items identified in Exhibit 31 and the company’s accident rate per 100,000 flight hours. Any known aircraft accidents incurred by your company which has occurred under your FAA Operating Certificate will be included in the evaluation of your safety program. What constitutes an accident is defined by 49 CFR Part 830.2 Aircraft accident history within the last five years will be considered. A better evaluation result will be given to offerors who have had minimal or no accidents. Only your firm’s accident history within the last five years will be considered.

The sub-factors are in descending order of importance.

(3) Aircraft Performance

(i) Helicopter Load Calculation Proposals will first be evaluated on an acceptable/unacceptable basis to determine whether the offered aircraft meet the minimum performance specifications stated in Section B-3. Aircraft that meet the performance specifications will be deemed acceptable and will then be qualitatively evaluated based upon the extent to which the aircraft exceeds the minimum payload capacity of 1,200 pounds. Aircraft with greater payload capacity will receive superior ratings under this factor.

E-11 Amendment 2

(4) Past Performance

(i) capable, efficient, and effective

(ii) performance conforms to the terms and conditions of contracts

(iii) reasonable and cooperative during performance

(iv) committed to customer satisfaction.

The sub-factors are equal in importance

(5) Organizational Experience

(i) Management Personnel commensurate with size and complexity of operation

(ii) Pilot(s) in Command

(iii) Maintenance Personnel

The sub-factors are equal in importance

E-4 CONTRACT AWARDS

(a) Awards will be made to those offerors whose proposals are technically acceptable and whose technical/price relationships are the most advantageous to the Government. The Government reserves the right to award any combination of items or number of items as applicable.

(b) Evaluation factors other than cost or price, when combined, are MORE IMPORTANT THAN price in the award decision. The critical factor in making any price/technical trade-off is not the spread between the technical scores but, rather, the significance of that difference. The significance of the spread of scores will be determined on the basis of what the difference might mean in terms of performance and what it would cost the Government to take advantage of it.

Award may not necessarily be made for technical capabilities that would appear to exceed those needed for the successful performance of the work. The Government reserves the right to make price/technical trade-offs that are in the best interest and advantageous to the Government. The Government may reject any or all offers if such action is determined to be in the best interest of the Government.

(c) The offeror's technical proposal may become a part of any resultant contract. Offerors are hereby advised that the Government will have the right to use, duplicate, or disclose in any manner and for any purpose whatsoever, and have the right to permit others to do so, all subject data required to be delivered under any contract resulting from this solicitation. Any reservations regarding these Government rights to data should be stated in the proposal and will be resolved during any subsequent negotiations if conducted.

E-12 Amendment 2

E-5 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS

(FAR 52.212-3) (DEC 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision--

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Coe at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000- 9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

https://www.acquisition.gov/

E-13 Amendment 2

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

E-14 Amendment 2

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

E-15 Amendment 2

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through http://www.acquisition.gov .After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it is, is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it is, is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it is, is not a service-disabled veteran-owned small business concern.

http://www.acquisition.gov/

E-16 Amendment 2

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it is, is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it is, is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It is, is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;

and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: _________.] Each WOSB concern participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern.

[Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It is, is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;

and

(ii) It is, is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: _____________.

Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

E-17 Amendment 2

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:___________________________________

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It is, is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It has, has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

E-18 Amendment 2

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It is, not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the HUBZone joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: __________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It has, has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It has, has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It has developed and has on file, has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

(Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

E-19 Amendment 2

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act— Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g) (1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and ‘United States’ are defined in the clause of this solicitation entitled “Buy American Act-- Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

E-20 Amendment 2

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.

[List as necessary]

E-21 Amendment 2

(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate,…