AG-04GG_S-08-0035.doc

NASOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NO.

AG-04GG-S-08-0035

6. SOLICITATION ISSUE DATE

August 15, 2008

7. FOR SOLICITATION

INFORMATION CALL

a. NAME

ORRIN CORAK

(ocorak@fs.fed.us)

b. TELEPHONE NO. (No collect calls)

(541) 504-7273

8. OFFER DUE DATE/LOCAL TIME: September 15, 2008 Close of Business 4:30 PM

9. ISSUED BY

CODE

USDA FOREST SERVICE

Deschutes National Forest

1001 SW Emkay Drive

Bend, OR 97702

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UNRESTRICTED

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SET ASIDE: 100 % FOR

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SMALL BUSINESS

DESTINATION UNLESS BLOCK IS MARKED

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SEE SCHEDULE

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SMALL DISADV. BUSINESS

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13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

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8(A) 13b. RATING

SIC:

4581 (NAICS 488190)

SIZE STD:

$6.5 MILLION

14. METHOD OF SOLICITATION

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RFQ FORMCHECKBOX

IFB

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RFP X – Commercial Item

15. DELIVER TO:

USDA FOREST SERVICE

CONTRACTING

REGIONAL AVIATION GROUP

1740 S.E. OCHOCO WAY

REDMOND, OR 97756

USDA FOREST SERVICE

CONTRACTING

REGIONAL AVIATION GROUP

1740 S.E. OCHOCO WAY

REDMOND, OR 97756

17a. CONTRACTOR/

OFFEROR

FACILITY

TELEPHONE No.

Duns No.

USDA FOREST SERVICE

CONTRACTING

REGIONAL AVIATION GROUP

1740 S.E. OCHOCO WAY

REDMOND, OR 97756

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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

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SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

2008 Through 2011 Indefinite Delivery Indefinite Quantity Services Contract For

A&P Mechanic(s) & Avionics Tech With Tools

See Schedule of Items

25. ACCOUNTING AND APPROPRIATION DATA

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

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

ARE FORMCHECKBOX

ARE NOT ATTACHED.

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

ARE FORMCHECKBOX

ARE NOT ATTACHED.

28. FORMCHECKBOX

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _____ COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. FORMCHECKBOX

AWARD OF CONTRACT: REFERENCE ___________________ 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 SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE

33. SHIP NUMBER

34. VOUCHER NUMBER

35. AMOUNT VERIFIED CORRECT FOR

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RECEIVED

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INSPECTED

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CONTRACT, EXCEPT AS NOTED

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PARTIAL

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FINAL

COMPLETE

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PARTIAL

FINAL

39. S/R VOUCHER NO.

40. PAID BY

42a. RECEIVED BY (Print)

AUTHORIZED FOR LOCAL REPRODUCTION

SEE REVERSE FOR OMB CONTROL

STANDARD FORM 1449 (10-95)

Computer Generated

NUMBER AND PAPERWORK BURDEN STATEMENT

Prescribed by GSA - FAR (48 CFR) 53.212

TABLE OF CONTENTS

SECTION A – SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Standard Form 1449

TABLE OF CONTENT

TABLE OF CONTENTS

SECTION B – SUPPLIES OR SERVICES AND PRICES

General Overview / Minimum Maximum Quantity B-1 Schedule of Items B-2 Government Directed Travel

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C-1 Scope of Contract C-2 Technical Requirements C-3 Aircraft Records and Documentation C-4 Personnel Qualifications C-5 Government Furnished Facilities C-6 Task Order C-7 Waste Water Compliance C-8 Fleet Configuration C-9 Attachments ATTACHMENT 1 - Department of Labor, Wage Determinations ATTACHMENT 2 - Sample Task Order Attachments 3 and 4 are separate documents

SECTION D – CONTRACT CLAUSES

D-1 Contract Terms and Conditions – (Commercial Items) (FAR 52.212-4) (Oct 2003) D-2 Contract Terms and Conditions Required to Implement Statutes or Executive Orders

(Commercial Items) (FAR 52.212-5) (JAN 2005) D-3 Supplement to Contract Terms and Conditions D-4 Deliveries or Performance D-5 Contract Period and Renewal D-6 Overnight Allowance D-7 Designation of Contracting Officers Representative D-8 Designation of Ordering Officials D-9 Prework Conference D-10 Contractor’s Representative D-11 Public Officials Not Permanently Liable D-12 FAR 52.219-14 Limitation On Subcontract D-13 Insurance D-14 Permits and Responsibilities (FAR 52.236-7) (NOV 1991) D-15 Statement of Equivalent Rates for Federal Hires (FAR 52.222-42) (MAY 1989)

SECTION E – SOLICITATION PROVISIONS

E-1 Instructions to Offerors-Commercial Items (FAR 52.212-1) (JAN 2004) (Tailored/Addenda) E-2 Evaluation – Commercial Items (FAR 52.212-2) (JAN 1999) (Tailored/Addenda) E-3 Questionnaire No. 1 – Technical Capability E-4 Questionnaire No. 2 – Past Performance Information E-5 Offeror Representations and Certifications – Commercial Items (FAR 52.212-3) (Jan 2005) B-1 Schedule of Items

SCHEDULE OF ITEMS

BASE YEAR

Name of Offeror or Contractor

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Base Year

Indefinite Delivery Indefinite Quantity Services

Contract For

A&P Mechanic(s) & Avionics/Electrician(s) With Tools

Minimum Quantity $ 40,000.00

Maximum Quantity $ 200,000.00

For Pricing Purposes provided

Over Time Rate

For Pricing Purposes provided

Designated Ordering Officials:

Brian Green and David Heydt of the Regional Aviation Group, Redmond, OR are authorized to place orders as stated in Section D-8.

SCHEDULE OF ITEMS

OPTION YEAR 1

Name of Offeror or Contractor

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

OPTION Year 1

Indefinite Delivery Indefinite Quantity Services

Contract For

A&P Mechanic(s) & Avionics/Electrician(s) With Tools

For Pricing Purposes provided

For Pricing Purposes provided

Brian Green and David Heydt of the Regional Aviation Group, Redmond, OR are authorized to place orders as stated in Section D-8.

SCHEDULE OF ITEMS

OPTION YEAR 2

Name of Offeror or Contractor

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

OPTION Year 2

Indefinite Delivery Indefinite Quantity Services

Contract For

A&P Mechanic(s) & Avionics/Electrician(s) With Tools

For Pricing Purposes provided

For Pricing Purposes provided

Brian Green and David Heydt of the Regional Aviation Group, Redmond, OR are authorized to place orders as stated in Section D-8.

TYPE OF CONTRACT

This is an INDEFINITE DELIVERY INDEFINITE QUANTITY CONTRACT (IDIQ) with options to renew for FY 2009 and FY 2010. The Government is only obligated to the minimum quantity and may place orders up to the maximum quantity. An award of one contract will be based on the evaluation criteria stated in this solicitation.

EVALUATION CRITERIA

The following factors will be used to evaluate offers: (1) OFFER ACCEPTABILITY meets solicitation terms and personnel qualifications; (2) PRICE, (3) PROPOSED STAFFING QUALIFICATIONS, and (4) OFFEROR CAPABILITY, includes organizational experience and organizational pas performance. For further information see E-2 Evaluation-Commercial items of the solicitation.

Awarded contract and subsequent task orders are subject to:

52.232-18 Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause) B-2 Government directed travel. The contractor shall be reimbursed for travel requested by the Government. Travel shall be approved in writing by the Government. Travel may include commercial airfare, personal or rental vehicle, or the Government may provide transportation by Government owned aircraft. Travel reimbursement shall be in accordance with the provisions of Section D-6 Overnight Allowance.

C-1 Scope of Contract C-1.1 Provide Federal Aviation Administration (FAA) licensed aircraft mechanics to perform maintenance on Government aircraft at the U.S.F.S. Regional Air Group Hangar located in Redmond, Oregon. The contractor shall furnish all personnel, hand tools, with current calibration such as hand scales, torque wrenches etc. (OEM specialized tooling is provided by the Government) to complete maintenance and repair services as tasked under this contract.

C-1.2 The USDA Forest Service operates four Shorts C-23A Sherpa aircraft (SD3-30 VAR 200-39 Max operating weight 23,000 lbs). The aircraft are complex multi engine jet-prop aircraft with PT6A-45R free turbine engines which drive five-bladed hartzell propellers. The USDA Forest Service maintenance program is based on an MSG-2 analysis modified by seventeen years of operational experience. The avionics consists of Collins suite with Garmin radios.

C-1.3 The missions supported by these aircraft range from somkejumping, field camp support and other logistic activities. Availability of aircraft can be mission critical. The contractor’s efforts in responding to and the timely completion of maintenance requests are instrumental in fulfilling the mission.

C-1.4 The scope of this contract shall be limited to furnishing seasonal and temporary aircraft mechanics and Avionics technicians to supplement existing Government employee work force that maintains Government owned aircraft. Work shall be performed on those aircraft designated by the Contracting Officer's Technical Representative. The anticipated level of effort that is expected is as follows:

The maximum number of mechanics that the contractor is obligated to furnish under this contract is six. See also Section D-4, Deliveries or Performance.

C-1.4.1 The purpose of this solicitation/contract is to provide A&P mechanic(s) with tools to support the Shorts C-23A Inspection Program.

C-1.4.2 Work will primarily be performed at the Government furnished hangar located at Redmond, Oregon. However the contractor may be tasked to dispatch one or more mechanics to remote locations through out the United States to perform maintenance. Most field locations have facilities and equipment to support maintenance activities. However performance may be required at remote locations without support equipment.

C-2 Technical Requirements C-2.1 Contractor personnel shall furnish all hand and personal power tools and protective clothes and equipment to perform scheduled and unscheduled maintenance either on or off site, including, but not limited to component repair and overhaul as directed for: Aircraft, engines & propellers, avionics and other installed equipment.

C-2.1 Contractor personnel shall furnish a minimum of hand tools per USFS 1C-C-23A-2-2H MINIMUN HAND TOOLS.

C-2.2 Contractor personnel shall furnish a shadowboxed operational upright roll around toolbox minimum height of 27 inches capable of being locked every night.

C-2.3 The mechanics may be tasked to perform USFS 1C-23A-6-5-25-00 scheduled maintenance checks, USFS 1C-23A-6-5-26-00 structural inspections as well as engine and propeller changes, and or other C-23A program related tasks. Contractor may be responsible for performing pitot static certifications, transponder and aircraft system certification, electrical modifications and avionics line maintenance. Repair of radio headsets and helmets are not included under this contract.

C-2.4 All preventive maintenance, routine and non-routine maintenance and scheduled or required inspections shall be performed in accordance with the applicable USDA Forest Service C-23A inspection program. All maintenance shall be recorded in the affected aircraft maintenance record in accordance with 14 CFR Parts 39, 43, 91 and 145, using the USDA Forest Service C-23A inspection program log book entry format.

C-2.5 The Contractor shall assure that all maintenance operations on the aircraft are performed in accordance with the standards set forth in the USDA Forest Service C-23A inspection program of latest Revision. The Contractor shall also adhere to inspection checklists provided by the Government in performing routing and special inspections.

C-2.5.1 All work accomplished by contractor personnel shall be performed in accordance with (a) the terms, conditions and specifications contained herein; (b) applicable Federal Aviation Regulations, (c) the appropriate make and model Overhaul and Maintenance Manuals and the supplementary publications referenced therein; (d) applicable Airworthiness Directives; and (e) those service bulletins, service letters or other instructions issued by the item manufacturer or by the FAA and specifically required by the Government to be accomplished. The Government shall be responsible for providing all required manuals supporting maintenance activities.

C-2.5.2 The Contractor may be required to replace employees who are disruptive and/or found to be unable to perform their task satisfactorily by the contracting officer or contracting officer’s technical representative.

C-3 Aircraft Records and Documentation

C-3.1 The contractor shall be responsible for the submission of documentation supporting all work performed. This effort shall be included as a part of each Government Work Order. The aircraft records will be retained and maintained by the Government. All work conducted by the contractor shall be recorded on the Government Work Order.

C-3.2 The Government shall furnish aircraft records; inspection requirements, worksheets and known deferred discrepancies to the Contractor at the time services are requested. Engine historical records will include a listing of life-limited parts indicating the part number, nomenclature, location, serial number, total operating hours, total time since overhaul and total cycles accumulated.

C-3.3 The Contractor shall provide record of compliance with Airworthiness Directives; Manufacturer's Service Bulletins or other modifications and all maintenance actions they accomplish. The Contractor shall document the nomenclature, serial number, part number, location and total time, time since overhaul and total cycles accumulated for all replacement life-limited parts they install. In the event installed life-limited parts are inspected, reworked or modified to extend the service life; the total hours and cycles at time of rework, remaining life-limit after rework, and the document used for rework shall be recorded. Records pertaining to compliance with FAA Airworthiness Directives, Manufacturer's Service Bulletins or other modifications shall be in such detail that the method and extent of compliance can be readily ascertained. This information shall be documented on the Government work orders.

C-3.4 The contractor must have appropriate signatures (sign-off) for the repair work being accomplished. Current FS-5700-E, Flight Use Forms, which may identify repair needs (discrepancies), will accompany the aircraft. The contractor must complete the FS-5700-E, (including log book entries) and sign it prior to returning the aircraft to service.

C-3.5 Parts History - Documentation or history must be appropriately identified. Copies of this documentation shall be furnished as attachments to appropriate Government work orders.

C-3.6 Disposition of Government Parts - All parts removed, as a result of maintenance activities shall be tagged as to condition (e.g.: Red, Yellow, or Green) and stored as directed by the Government.

C-4 Personnel Qualifications

C-4.1 Mechanic Qualifications.

C-4.1.1 Minimum Staffing Level - The contractor shall supply a minimum staffing level of two personnel assigned to perform work under this contract. Individuals must hold valid FAA mechanic certificates with Airframe and Power plant (A&P) ratings. Individuals must have held A&P certificate for a minimum of two years. Mechanics must have at least two years experience actively maintaining similar (Multi engine) type aircraft covered by this contract (See Section C-7) and one year working on aircraft above 12,500 pounds. Shorts C-23A experience and Pratt and Whitney PT6A-45R experience is preferred, Contractor personnel must be FAA certified in accordance with 14 CFR Parts 61, 65, 91, 135 and 145 as applicable.

C-4.1.2 Avionics / Electrician personnel must have the ability to read and interpret electrical schematics, utilize troubleshooting skills to repair complex avionics and airframe systems. Applicant must have at least two years experience actively maintaining similar type aircraft covered by this contract (see Section C-7). C-23A Sherpa prior experience is highly recommended. Applicant must have prior Collins, Garmin experience. Northern Airborne Technology and Technisonic experience are preferred.

C-4.2 The contractor shall furnish to the Contracting Officer, the name, certification number, ratings, and experience of each A&P that is to be employed under this contract.

C-4.2.1 The contractor shall have an anti-drug program for personnel engaged in specified aviation activities per 14 CFR part 135 amendment 135-51.

C-5 Government Furnished Facilities -

C-5.1 General

C-5.1.1 The Contractor employees shall use the current USDA Forest Service facility located at Redmond Oregon. Maintenance operations must occur within these facilities, or approved locations. The facility is also used by the Government for the parking of aircraft. Only authorized work on Government owned aircraft shall be performed at this facility. No private, personal or other commercial activities shall be conducted on or in Government premises. The contractor and its employees shall comply with the rules of Conduct on a Government installation as prescribed in USFS 1H-SOR-R6 REDMOND AIR CENTER HANGAR STANDARD OPERATING RULES, of latest revision.

C-5.1.2 Contractor employees are expected to follow the rules of conduct established at the work site and shall apply to all (both Government and non-Government) personnel. The Contractor may be required to replace employees who are found to be in noncompliance with Government rules of conduct.

C-5.2 Hours of Operation – Normal work hours within the facility is 08:00am to 5:00pm, lunch 12:00 to 1:00pm, break 10: to 10:15 / 3:00 to 3:15, Monday through Friday, Government holidays excluded.

C-5.2.1 The facilities are closed for the following Government holidays. (See C-8 Attachments - Wage Determination) (1) New Year's Day (6) Columbus Day (2) Martin Luther King Jr.'s Birthday (7) Labor Day (3) Presidents' Day (8) Veterans’ Day (4) Memorial Day (9) Thanksgiving Day (including the day before and after)

(5) Independence Day (10) Christmas Day (including the day before and after) C-5.2.2 After Hours Call Out - In the event the Government authorizes after hours or weekend call out, the contractor shall be compensated at the applicable rate contained in the bid schedule. The minimum compensation (per employee) shall be two hours.

C-5.3 Security - The hangar floor area is a common use/access area that can be accessed by Government Personnel and other contractors. The contractor is responsible for securing all personal hand and portable tools. The Redmond hangar uses card keys for access to hangar from 7:30 am to 6:00 pm Monday thru Friday, Government holidays excluded. Contractor personnel will be issued a card key and will be required to return the card key at the end of their assignment. Payment may be withheld for non return of card keys.

C-5.4 Ground Handling Equipment - The Government will make available an aircraft tug. All employees who operate ground-handling equipment are required to attend an orientation and training session in the proper and safe use of the equipment.

C-5.5 Storage Space - The Government will provide the contractor with space on the hangar floor for Contractor Furnished Mechanics role around toolbox. (one each)

C-5.6 Shop Equipment - The Government shall also make C-23A program shop equipment available for use by the contractor. The items include floor jacks, engine hoists, ladders, stepladders, mechanic creepers, etc. Contractor employees are expected to use these items as originally intended, observing safe practices and procedures. Any equipment discrepancies noted on individual pieces of equipment are to be reported.

C-5.7 Disposal of Waste Oil. - The facility has a waste oil disposal tank that is available for use by the contractor. Contractor employees are expected to use this tank for all waste oil.

C-6 Task Orders

C-6.1 The contractor will be issued a task order for the hours of service ( A&P Mechanic or Avionics Tech) for an approximate time period. Personnel will then be provided a maintenance task order that will outline the work needing to be accomplished, which will include approved data and the steps needed to accomplish either the inspection or maintenance process. At the completion of the task the A&P Mechanic will be required to sign off that the work was accomplished as per FAA requirements.

C-7 Waste Water Compliance

C-7.1 Contractor employees shall not allow release of chemicals (oils, grease, paints, thinners, solvents, acids, strippers, etc.) during aircraft maintenance activities into existing facility drains. The facility does not contain any pre-treatment equipment (oil/water separator)

C-7.2 All chemicals, oils, greases, paints, solvents, acids, stripper (etc) spills shall be cleaned up at the time of occurrence. All spilled materials, including cleanup materials shall be disposed of properly and promptly.

C-8 Fleet Configuration

C-8.1 Aircraft operated by the USDA Forest service consist of the following make and model aircraft.

(4 Each) Shorts C-23A Sherpa (SD3-30 VIR 200-39) with Pratt and Whitney PT6A-45R engines.

C-9 Attachments

Attachment No. 1 Wage Determination

Attachment No. 2 Sample Task Order Attachment No. 3

USFS 1H-SOR-R6

REDMOND AIR CENTER HANGAR

STANDARD OPERATING RULES

Note included as a separate Of latest revision document Attachment No. 4

USFS 1C-C-23A-2-2H

MINIMUM HAND TOOLS

Note included as a separate Of latest revision document

ATTACHMENT NO. 1

U.S. Department Of Labor Wage Determination The following applies to this solicitation/contract and is Mandatory

This solicitation includes the Department of Labor (DOL) wage determinations specified below. In order to reduce the size of the solicitation, the following information has been extracted from the wage determinations listed below and identifies the occupations of service employees that would typically be employed on this type of contract. This information should be considered when submitting an offer. The DOL wage determinations listed below shall be included in their entirety in any awarded contract resulting from this solicitation.

DOL WAGE DETERMINATION NO. 2005-2439, REV. 07, DATED 06/08/2008

State: Oregon

Area:

Oregon Counties of Benton, Coos, Crook, Curry, Deschutes, Douglas, Jackson, Jefferson, Josephine, Klamath, Lake, Lane, Lincoln, Linn

CODE

OCCUPATION

MINIMUM HOURLY WAGE

23021 Aircraft Mechanic I $ 21.81

23022 Aircraft Mechanic II $ 22.90

23023 Aircraft Mechanic III $ 24.05

23181 Electronics Technician Maintenance I $ 21.18

23182 Electronics Technician Maintenance II $ 23.23

23183 Electronics Technician Maintenance III $ 24.32

FRINGE BENEFITS REQUIRED FOR THE OCCUPATIONS SHOWN ABOVE:

HEALTH & WELFARE: $3.24 per hour or $129.60 per week or $561.60 per month

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year's Day, Martin Luther King Jr.’s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174)

HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordinance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry- house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordinance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordinance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordinance, explosive, and incendiary ordinance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordinance, explosives, and incendiary material differential pay.

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs.

** NOTES APPLYING TO THIS WAGE DETERMINATION **

Source of Occupational Title and Descriptions:

The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations," Fourth Edition, January 1993, as amended by the Third Supplement, dated March 1997, unless otherwise indicated. This publication may be obtained from the Superintendent of Documents, at 202-783-3238, or by writing to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Copies of specific job descriptions may also be obtained from the appropriate contracting officer.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444

(SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour decision to the contractor.

6) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or bond paper.

When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination.

ATTACHMENT NO. 2

SAMPLE TASK ORDER No.1

Date: 10/15/08

Vendor Name

CONTRACT No. AG-04GG-C-08-XXXX

Services Order This T.O.

$10,640.00

Purpose of Task Order: This Task Order is for Sherpa N178Z and N179Z Phase II Inspections

Contract Time: 280 Hours - Past experience has shown 2 A&P's for 120 Hrs. each, plus additional Avionics Tech for 40 Hrs.

for 40 hrs.support for part of the Phse II Inspection.

I hereby accept this Task Order as to work to be performed, prices to be paid and contract time as shown above

Contractors

Representative

Date:

(Signature)

Ordering Official

Date: 10/15/2008

(Signature)

Management Code:

0601 XXXXX

Fund

Title

Date:

Approval

WCF FUNDING IS SPECIFIC TO EACH AIRCRAFT. If funding remains at the completion of the task, those funds will be deobligated from the contract.

D-1 Contract Terms and Conditions -Commercial Items (FAR 52.212-4) (FEB 2007) (see supplement, which follows immediately after these clauses)

(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 reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance 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 Governmentwide 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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), 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 immediately notify the Contracting Officer and request instructions for disposition of the overpayment.

(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. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 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, and Compliance with Laws Unique to Government Contracts 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) Central Contractor Registration (CCR).

(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 CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR 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 CCR 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 CCR 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 CCR 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 CCR database. Information provided to the Contractor’s CCR 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 the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

D-2 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (FAR 52.212-5)(Nov 2007)

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

(1) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)

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

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

X

52.204-7 Central Contractor Registration (July 2006)

(2) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

(3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(4) [Reserved]

X (5)

(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-6.

(iii) Alternate II (Mar 2004) of 52.219-6.

(6)

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

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

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

(7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

(8)

(i) 52.219-9, Small Business Subcontracting Plan (Nov 2007) (15 U.S.C. 637(d)(4).

(ii) Alternate I (Oct 2001) of 52.219-9.

(iii) Alternate II (Oct 2001) of 52.219-9.

X (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

(10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(11)

(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Sept 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

(ii)…