Solicitation_No__AG-024B-S-16-0016.pdf

OFFEROR’S COPY

(Ref. 48 CFR 1)

Issuing Office:

U.S. Forest Service, Contracting National Interagency Fire Center 3833 S Development Ave, MS 1100 Boise, ID 83705-5354

This solicitation can be downloaded from the following Internet site: https://www.fbo.gov Offers Are Solicited For:

Pratt & Whitney Engine Maintenance Services

Solicitation No:

AG-024B-S-16-0016

Issued Date:

March 31, 2016

IMPORTANT – NOTICE TO OFFEROR

- Offers are due on April 14, 2016 @ 2:00 PM Mountain Time.

- The offeror shall submit the following items in response to this solicitation:

1. SF-1449, block 17a and blocks 30a-30c: Complete, date, and sign.

2. Fill in the appropriate pricing information requested under Sections B.1– Schedule of Items.

3. Provide documentation that your organization is considered a Designated Overhaul Facility (DOF) by Pratt & Whitney for the engines listed in the bid schedule.

4. Checkmark the appropriate boxes and provide submittals for E.6, E.7 and E.10.

THE SOLICITATION PACKAGE SHALL BE RETURNED TO THE FOLLOWING ADDRESS:

U.S. Forest Service, Contracting National Interagency Fire Center Attn: Solicitation No. AG-024B-S-16-0016 Owyhee Building – MS 1100 3833 S. Development Ave.

Boise, ID 83705

No facsimile (FAX) or e-mail offers will be accepted.

Offerors may contact Robert Hoffman for information about this solicitation at 208-387-5681.

“The policy of the United States Department of Agriculture Forest Service prohibits discrimination on the basis of race, color, national origin, age, religion, sex, disability, family status, and/or political affiliation.” Persons believing they have been discriminated against in any Forest Service related activity should write to: Chief, Forest Service, USDA, P. O. Box 96090, Washington, DC 20090-6090.

Previous editions of this form are obsolete. FS-6300-44 (11/79)

Solicitation No. AG-024B-S-16-0011 U.S. Forest Service Aviation Consulting Services National Office

TABLE OF CONTENTS

i

SECTION A - SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

STANDARD FORM SF-1449

SECTION B - SCHEDULE OF ITEMS

B.1 SCOPE OF CONTRACT

B.2 SCHEDULE OF PRICING (ENGINE MODEL PT6A-34)

SCHEDULE OF PRICING (ENGINE MODEL PT6A-42)

SCHEDULE OF PRICING (ENGINE MODEL PT6A-52)

SCHEDULE OF PRICING (ENGINE MODEL PT6A-65R)

SCHEDULE OF PRICING (ENGINE MODEL 530A)

SCHEDULE OF PRICING FOR SHOP LABOR (HOURS)

SCHEDULE OF PRICING FOR ON-SITE TECHNICAL SUPPORT (HOURS)

SCHEDULE OF PRICING FOR ON-SITE TECHNICAL SUPPORT DURING TRAVEL PERIODS

SEPARATE FROM ACTUAL ON-SITE SUPPORT (IF THE PRICING HERE IS THE SAME AS

ITEM B.6, THEN DRAW A LINE THOUGH THE SECTION AND INDICATE N/A)

SCHEDULE OF PRICING FOR NEW AND EXCHANGE PARTS

SCHEDULE OF SHIPPING CHARGES

SCHEDULE OF TRAVEL/PER DIEM

B.3 CERTIFICATIONS

B.4 GOVERNMENT FURNISHED PROPERTY

B.5 GOVERNMENT RESPONSIBILITIES. THE GOVERNMENT SHALL:

B.6 CONTRACTOR RESPONSIBILITIES. THE CONTRACTOR IS RESPONSIBLE FOR:

B.7 TECHNICAL SPECIFICATIONS

B.8 TASK/DELIVERY ORDERS (TO/DO)

B.9 MEASUREMENT AND PAYMENT

B.10 NOTICE OF CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

SECTION C - CONTRACT

C.1 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FAR 52.212-4) (MAY

2015)

C.2 CONTRACT CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

C.3 ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS .. 16

C.4 ADDENDUM TO FAR 52.212-4 (G) INVOICES

C.5 ORDERING (FAR 52.216-18) (OCT 1995)

C.6 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995)

C.7 REQUIREMENTS (FAR 52.216-21) (OCT 1995)

C.8 EFFECTIVE PERIOD OF THE CONTRACT (AGAR 452.211-75) (FEB 1988)

C.9 OPTION TO EXTEND SERVICES (FAR 52.217-8) (NOV 1999)

C.10 OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MAR 2000)

C.11 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

C.12 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (FAR 52.222-42) (MAY

2014)

C.13 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (FEB 2016)

C-14 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (FAR 52.222-55) (DEVIATION

2014-O0017) (DEC 2015)

Solicitation No. AG-024B-S-16-0011 U.S. Forest Service Aviation Consulting Services National Office

TABLE OF CONTENTS

ii

SECTION D - CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS

EXHIBIT 1 – DEPARTMENT OF LABOR WAGE DETERMINATION INFORMATION

SECTION E - SOLICITATION PROVISIONS

E.1 GENERAL INFORMATION

E.2 SIZE STANDARD AND NAICS CODE INFORMATION (AGAR 452.219-70) (SEP 2001)

E.3 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FAR 52.212-1) (OCT 2015)

(TAILORED)

E.4 EVALUATION - COMMERCIAL ITEMS (FAR 52.212-2) (JAN 1999)

E.5 INQUIRIES (AGAR 452.204-70) (FEB 1988)

E.6 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION (AGAR 452.209-70) (DEVIATION 2012-01) (FEB

2012) (ALTERNATE 1)

E.7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FAR 52.209-7) (JUL 2013)

E.8 BIOBASED PRODUCT CERTIFICATION (FAR 52.223-1) (MAY 2012)

E.9 AFFIRMATIVE PROCURMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS. (FAR 52.223-2) (SEPT 2013)

E.10 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (FAR

52.212-3) (MAR 2016)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

AG-024B-S-16-0016

6. SOLICITATION ISSUE

DATE

March 31, 2016

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ROBERT HOFFMAN

b. TELEPHONE NUMBER (No collect calls)

(208) 387-5681

8. OFFER DUE DATE/

LOCAL TIME

April 14, 2016

2:00 PM MT

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100% FOR:

U.S. FOREST SERVICE, CONTRACTING

NATIONAL INTERAGENCY FIRE CENTER

OWYHEE BUILDING – MS 1100

3833 S DEVELOPMENT AVE

BOISE, ID 83705-5354

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

NAICS: 336412

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8 (A)

SIZE STANDARD:

1000 Employees

11. DELIVERY FOR FOB DESTINA-

TON UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Block 9

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

OFFEROR CODE

INVOICE PROCESSING PLATFORM IPP

ALL INVOICES MUST BE SUBMITTED

ELECTRONICALLY THROUGH THE

INVOICE PROCESSING PLATFORM IPP

VIA WWW.IPP.GOV

TELEPHONE NO. NINE-DIGIT DUNS NO. .

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

OFFER

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

IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE SECTION B (ATTACHED)

Pratt & Whitney Engine Maintenance Services

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 .

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

HEREIN.

29. AWARD OF CONTRACT: REF. _________________ __ OFFER

DATED _______________ . YOUR OFFER ON SOLICITATION (BLOCK

5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET

FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNED (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION NOT USABLE STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

Solicitation No. AG-024B-S-16-0016 U.S. Forest Service Pratt & Whitney Engine Maintenance Services National Office

SECTION B

SCHEDULE OF ITEMS

B.1 SCOPE OF CONTRACT

(a) The intent of this solicitation and any resultant contract is to obtain maintenance services for Pratt & Whitney aircraft engines. These services include Basic Engine Overhaul and Hot Section Inspection (HSI). In addition, rental engines may be requested, if available.

(b) The following engine models will be covered under this contract: PT6A-65AR, PT6A-52, PT6A-42, PT6A-34 and 530A.

(c) The resultant contract shall be a Requirements contract. Under this contract, the Government will utilize and issue Task Orders to the Contractor.

(d) Maintenance entries shall be properly documented in accordance with 14 CFR Part 43, Section 43.9, or 43.11, as appropriate. Stand alone “paste-in” entries will be supplied if aircraft logs are not available. In addition, the Contractor will submit completed Malfunction and Defect Reports to the FAA and copies to the Contracting Officer, (FAA Form 8010) as required or requested.

(e) The USDA Forest Service has interagency and cooperative agreements with other Federal and State agencies. Services may be performed for these agencies; however, Task Orders for such services must be approved by the Contracting Officer, in writing, prior to work being performed.

(f) Contractor must provide warranty repair/replacement for work accomplished that is equal to or greater than that offered to the public.

(g) When the need for services arises, a task order for services will be issued to cover shipping costs and the authorization to perform teardown and evaluation of the engine. Subsequently, once these tasks have been performed, the task order will be modified to cover the additional work to be performed and the cost for parts which need to be replaced. As such, the pricing to do a Basic Engine Overhaul or a Hot Section Inspection (HSI) shall only include the consumables (or kit parts) which are known to be required. Any other parts replacements (either new or exchange) will be covered via a subsequent modification to the task order.

(h) The following table shows the various models of engines this contract will cover and the projected Overhaul or repairs over the 5 year contract period:

Model Inventory Projected Overhauls Projected HSI’s

PT6A-65AR 22 5 4

PT6A-52 2 0 2

PT6A-42 2 0 2

PT6A-34 4 2 2

530A 2 0 0

The Contractor shall complete the pricing below. Offeror must provide pricing for all years and all positions to be eligible for award. Contractor’s rates shall be fully burdened and no additional costs will be authorized.

B.2 SCHEDULE OF PRICING (ENGINE MODEL PT6A-34)

ITEM DESCRIPTION

BASE

YEAR

YEAR

#2

YEAR

#3

YEAR

#4

YEAR

#5

HOT SECTION

INSPECTION (HSI)

PER JOB ($)

BASIC ENGINE

OVERHAUL PER JOB

RENTAL ENGINE PER

HOUR ($)

SCHEDULE OF PRICING (ENGINE MODEL PT6A-42)

ITEM DESCRIPTION

BASE

YEAR

YEAR

#2

YEAR

#3

YEAR

#4

YEAR

#5

HOT SECTION

SCHEDULE OF PRICING (ENGINE MODEL PT6A-52)

BASE

YEAR

YEAR

#2

YEAR

#3

YEAR

#4

YEAR

#5

HOT SECTION

SCHEDULE OF PRICING (ENGINE MODEL PT6A-65R)

ITEM DESCRIPTION

BASE

YEAR

YEAR

#2

YEAR

#3

YEAR

#4

YEAR

#5

HOT SECTION

SCHEDULE OF PRICING (ENGINE MODEL 530A)

BASE

YEAR

YEAR

#2

YEAR

#3

YEAR

#4

YEAR

#5

BASIC ENGINE

SCHEDULE OF PRICING FOR SHOP LABOR (HOURS)

BASE

YEAR

YEAR

#2

YEAR

#3

YEAR

#4

YEAR

#5

0015 NORMAL HOURS

0016 OVERTIME HOURS

0017 SUNDAY/HOLIDAYS

SCHEDULE OF PRICING FOR ON-SITE TECHNICAL SUPPORT (HOURS)

ITEM DESCRIPTION

BASE

YEAR

YEAR

#2

YEAR

#3

YEAR

#4

YEAR

#5

0018 NORMAL HOURS

0019 OVERTIME HOURS

0020 SUNDAY/HOLIDAYS

SCHEDULE OF PRICING FOR ON-SITE TECHNICAL SUPPORT DURING TRAVEL

PERIODS SEPARATE FROM ACTUAL ON-SITE SUPPORT (IF THE PRICING HERE IS THE

SAME AS ITEM B.6, THEN DRAW A LINE THOUGH THE SECTION AND INDICATE N/A)

ITEM DESCRIPTION

BASE

YEAR

YEAR

#2

YEAR

#3

YEAR

#4

YEAR

#5

0021 NORMAL HOURS

0022 OVERTIME HOURS

0023 SUNDAY/HOLIDAYS

SCHEDULE OF PRICING FOR NEW AND EXCHANGE PARTS

ITEM DESCRIPTION

BASE

YEAR

YEAR

#2

YEAR

#3

YEAR

#4

YEAR

#5

NEW PARTS

DISCOUNT (%) OFF

OF LIST PRICE

EXCHANGE PARTS

DISCOUNT (%) OFF

OF LIST PRICE

SCHEDULE OF SHIPPING CHARGES

BASE

YEAR

YEAR

#2

YEAR

#3

YEAR

#4

YEAR

#5

0026 SHIPPING CHARGES TBD TBD TBD TBD TBD

SCHEDULE OF TRAVEL/PER DIEM

ITEM DESCRIPTION

BASE

YEAR

YEAR

#2

YEAR

#3

YEAR

#4

YEAR

#5

0027 INCIDENTAL TRAVEL TBD TBD TBD TBD TBD

B.3 CERTIFICATIONS

(a) The contractor shall be FAA certified and a Pratt & Whitney Designated Overhaul Facility (DOF) for the engines listed in the Schedule of Items.

(b) All maintenance must be performed and recorded in accordance with 14 CFR.

B.4 GOVERNMENT FURNISHED PROPERTY

(a) The Government may deliver to the Contractor the following Government owned engines

Pratt & Whitney models: PT6A-34, PT6A-42, PT6A-52, PT6A-65R and 530A.

B.5 GOVERNMENT RESPONSIBILITIES. THE GOVERNMENT SHALL:

(a) Attempt to give the Contractor at least 5 calendar days notice prior to issuing a request for a scheduled inspection/maintenance item. However, there may be instances whereby the Government cannot meet this time frame.

(b) Negotiate an agreed-upon length of time for completion of work that will be determined at the time that a task order is issued.

(c) Provide records that reflect the status of the engines at the time of delivery to the Contractor’s facility.

B.6 CONTRACTOR RESPONSIBILITIES. THE CONTRACTOR IS RESPONSIBLE FOR:

(a) Ensuring that personnel performing the work are fully knowledgeable of the make and model of engine awarded. The knowledge of the supervisors and technicians by way of certified training, recurring training and experience in an adequate proportional ratio of new or trainee personnel shall be maintained.

(b) Meeting the time frames and period of performance agreed upon as shown on the task order at the time of engine delivery.

(c) Receiving prior authorization in writing by the Contracting Officer before any work is performed and/or parts used, in addition to those shown on the task order.

(d) Assuring that all maintenance performed is recorded in accordance with 14 CFR Parts 43 and 91.

(e) Assuring that all maintenance accomplished is performed in accordance with the standards set forth in 14 CFR Part 43, and the appropriate Pratt & Whitney Maintenance and Overhaul Manuals.

(f) Be requested by the CO in writing, to perform specific tasks in a manner different than that identified in the program. When this occurs, additional costs will be paid at the labor rates in the pricing schedule.

(g) All other maintenance and services shall be performed in accordance with the standards set forth in 14 CFR Chapter 1, Part 43 and aviation industry standards and practices.

B.7 TECHNICAL SPECIFICATIONS

Maintenance requirements:

(a) All maintenance shall be performed in accordance with the appropriate Pratt & Whitney Maintenance and Overhaul Manuals. Other maintenance and services shall be performed in accordance with aviation industry standards and practices.

Parts and Materials

(a) Parts required can be furnished either by the Contractor or by the Government at the Government’s option, as stated on the task order.

(b) Parts, components, and materials utilized shall be approved by the Federal Aviation Administration and/or Manufacturer. All parts and components shall be accompanied with proper documentation such as FAA Form 8130-3, manufacturer’s tag, work order or acceptable maintenance release. Documentation shall identify total time in service if a life-limited part and time since overhaul if applicable.

(c) Parts and components are to be classified as new, new surplus, overhauled, repaired, serviceable, repairable or as removed. Only new or overhauled parts are to be purchased for or installed on aircraft unless procurement is approved in writing by the Contracting Officer.

Repairable and as removed parts will not be available for utilization until inspected and certified to be in serviceable condition.

(d) Parts, components, and materials removed from the aircraft and replaced shall remain the property of the Government until the Contracting Officer authorizes their disposition in writing as an exchange item or scrap. Items not authorized for disposition will be released to the Government. The Contractor shall identify, for the benefit of the Contracting Officer, those items that the Contractor believes to be the cause of a failure or malfunction.

(e) The Government may, on occasion, purchase a part (e.g. fuel control module) via this contract for delivery to a government facility. In such cases, these parts would be installed by Government mechanics.

Reports and Records

(a) The Government shall provide current historical records to the Contractor at the time that engine maintenance is performed and upon delivery to the Contractor(s) of the Government furnished property (parts and accessories) to be managed.

(b) Historical records shall include a listing of life-limited parts and shall indicate the part number, nomenclature, location, serial number, total operating hours, and total cycles accumulated.

(c) The Contractor shall enter in the historical records all Airworthiness Directives, Manufacturers Service Bulletins or other modifications, and all significant maintenance actions accomplished.

(d) The Contractor shall further record whether such modifications were performed under company specifications, FAA specifications or engineering order, or by replacement of parts due to normal attrition.

(e) In addition, the Contractor shall record as “previously complied with” all Modification and Service Bulletins that have been found to be previously accomplished but not recorded.

(f) The Contractor shall enter in the historical records the nomenclature, part number, location, total time, and total cycles accumulated for all replacement life-limited parts installed during that maintenance period.

(g) In the event that installed life-limited parts are inspected, repaired, or overhauled, the total hours and cycles at time of rework, remaining life-limit after rework, and the document used for approving the rework shall be entered into the historical records.

(h) All maintenance performed shall be recorded in accordance with 14 CFR Part 43 and 91, including aircraft time-in-service and hour-meter readings.

(i) All repairable parts or components removed for replacement shall be identified and documentation attached, as to the aircraft removed from, date and aircraft time when removed, the part condition or reason removed and part total time and cycles, time since last overhaul as applicable if a life-limited part.

B.8 TASK/DELIVERY ORDERS (TO/DO)

The Government may issue Task for services that are priced in the schedule of Items. Items not originally priced in the Schedule of Items will be negotiated with the Contractor prior to the placement of the order.

Task Orders that may require travel shall include projected travel expenses and travel will be paid in accordance with the Federal Travel Regulations (FTRs).

B.9 MEASUREMENT AND PAYMENT

(a) Method of Measurement.

All work performed shall be contingent on the issuance of a written Task or Delivery Order and payment will be based on the terms of the contract or the Task or Delivery Order and this contract.

(b) Payment for Travel Expenses.

Reimbursable travel expenses for work performed at non-contractor facilities shall be presented for payment with receipts that document actual airfare costs and lodging (inclusive of taxes) and will be paid in accordance with the FTRs. Meals and incidental expenses are reimbursable at actual cost not to exceed the current standard maximum daily rate as established by the Federal Travel Regulations (FTR). Receipts for related expenses such as parking, rental car, and local transportation must be included with the travel expense invoice in order to be reimbursable. Travel expenses must be authorized in the task order to be allowable. The Government retains the option to provide meals and/or lodging when travel is required. A list of localities and maximum per diem rates is available at: http://www.gsa.gov/perdiem.

Task Orders will authorize travel on a case by case basis and the Contractor shall not exceed the total funds available for travel as indicted on the order without advanced written approval.

B.10 NOTICE OF CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(a) The US Forest Service has implemented the Contractor Performance Assessment Reporting System (CPARS) for reporting all past performance information. One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

(b) The past performance evaluation process is a totally paperless process using CPARS.

CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating past performance as part of a source selection action.

(c) We request that you furnish the Contracting Officer with the name, position title, phone number, and email address for each person designated to have access to your firm’s past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official. The report information must be protected as source selection sensitive information not releasable to the public.

(d) When your Contractor Representative(s) (Past Performance Points of Contact) are registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS are available at http://www.cpars.csd.disa.mil/. The CPARS User Manual, registration for On Line Training for Contractor Representatives, and a practice application may be found at this site.

(e) Within 60 days after the end of a performance period, the Contracting Officer will complete an interim or final past performance evaluation and the report will be accessible at http://www.cpars.csd.disa.mil/. Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment. Comments are limited to the space provided in Block 22. Your comments should focus on objective facts in the Assessing Official’s narrative and should provide your views on the causes and ramifications of the assessed performance. In addition to the ratings and supporting narratives, blocks 1 – 17 should be reviewed for accuracy, as these include key fields that will be used by the Government to identify your firm in future source selection actions. If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating “No comment” in Block 22, and then signing and dating Block 23 of the form. Without a statement in Block 22, you will be unable to sign and submit the evaluation back to the Government. If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: “The report was delivered/received by the contractor on (date). The contractor neither signed nor offered comment in response to this assessment.” Your response is due within 60 calendar days after receipt of the CPAR.

(f) The following guidelines apply concerning your use of the past performance evaluation:

(1) Protect the evaluation as “source selection information.” After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the Contracting Officer for instructions.

(2) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

(3) Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes.

(g) If you wish to discuss a past performance evaluation, you should request a meeting in writing to the Contracting Officer no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 30-day review period.

(h) A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

SECTION C

CONTRACT CLAUSES

C.1 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FAR 52.212-4) (MAY

2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

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

(i) Payment.—

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

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

(6) Interest.

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete.

Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

C.2 CONTRACT CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html

C.3 ADDENDUM TO 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS

CLAUSES INCORPORATED BY REFERENCE

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform

Employees of Whistleblower Rights (APR 2014)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.245-1 Government Property (Alternate I) (APR 2012)

C.4 ADDENDUM TO FAR 52.212-4 (G) INVOICES

Invoices in support of the US Forest Service shall be submitted to the following:

The contractor must follow the instructions on how to register and submit invoices via the Department of Treasury’s Internet Payment Platform (IPP) as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic invoice processing platform. This is a mandatory requirement initiated by the U.S. Department of Treasury. You can find more information at the website https://www.ipp.gov/index.htm.

Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.

C.5 ORDERING (FAR 52.216-18) (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 01, 2016 through April 30, 2021.

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

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

C.6 ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than One Hot Section Inspection or Basic Engine Overhaul, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of Five Hot Section Inspections or Five Basic Engine Overhauls;

(2) Any order for a combination of items in excess of Ten Hot Section Inspections and Overhauls combined; or

(3) A series of orders from the same ordering office within 60 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

C.7 REQUIREMENTS (FAR 52.216-21) (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated” or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after December 30, 2021.

C.8 EFFECTIVE PERIOD OF THE CONTRACT (AGAR 452.211-75) (FEB 1988)

The effective period of this contract is from date of award through April 30, 2017. The Contract period for the options years, should they be exercised are as follows:

Option Year 1: May 1, 2017 – April 30, 2018

Option Year 2: May 1, 2018 – April 30, 2019

Option Year 3: May 1, 2019 – April 30, 2020

Option Year 4: May 1, 2020 – April 30, 2021

C.9 OPTION TO EXTEND SERVICES (FAR 52.217-8) (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to contract expiration.

C.10 OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any…