Solicitation.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror to Complete Blocks 12, 17, 23, 24, & 30

7.

For Solicitation Information Call:

Delivery for FOB Destination Unless Block is Marked.

12. Discount Terms

USDA APHIS MRPBS-ASD

Butler Square West 5th Floor 100 North 6th Street

Minneapolis, MN 55403

Unrestricted

Set-Aside 100% for

N/A

RFQ

Hulett Wy Lusk WY Same as block #9

17a.

Contractor/Offeror

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule B

25. Accounting and Appropriation Data

26. Total Award Amount (For Govt. Use Only)

are not included

27b. Contract/Purchase Order incorporates by reference FAR 52.212-4, 52.212-5 is attached. Addenda are are not attached

28.

Contractor is required to sign this document and return copies to

29.

Award of Contract: Reference.

Offer

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.

Dated

. Your offer on Solicitation (Block 5), including any additions or changes which are set forth herein, is accepted as to items:

31c. Date Signed

32a. Quantity in Column 21 Has Been

Received

Inspected

Accepted, and Conforms to the Contract, Except as Noted: ________________________

32g. E-mail of Authorized Government Representative

Complete

Partial

Final

Partial

Final

STANDARD FORM 1449 (REV. 4/2002)

(B) CONTINUATION OF BLOCKS 19-24 FROM SF 1449

LOT 1: Supercub PA18 or equivalent , to be Located in Lusk, Wyoming

Item

SUPPLIES/SERVICE

Est. QTY

UNIT

PRICE TOTAL

101. Base Period: Within 30 day of award through September 30, 2009 Hours

102. Option Period One: October 1, 2009 through September 30, 2010 Hours

103. Option Period two: October 1, 2010 through September 30, 2011 Hours

104. Option Period three: October 1, 2011 through September 30, 2012 Hours

105. Option Period four: October 1, 2012 through September 30, 2013 Hours

106. Option Period five: October 1, 2013 through April 30, 2014 Hours

TOTAL PRICE

LOT 2: Supercub PA18 or equivalent to be Located in Hulett, Wyoming Item

SUPPLIES/SERVICE

Est. QTY

UNIT

PRICE TOTAL

201. Base period: Within 30 days of award through September 30, 2009 Hours

202. Option Period One: October 1, 2009 through September 30, 2010 Hours

203. Option Period two: October 1, 2010 through September 30, 2011 Hours

204. Option Period three: October 1, 2011 through September 30, 2012 Hours

205. Option Period four: October 1, 2012 through September 30, 2013 Hours

206. Option Period five: October 1, 2013 through April 30, 2014 Hours

TOTAL PRICE

Offeror Notes:

The Government intends to contract for the exclusive use of a fixed-wing single engine aircraft; Super Cub PA18 or equivalent. The estimated hours for Lot 1 (aircraft to based in Lusk) will be 500 per year with a 400 hour minimum guarantee for each aircraft. The base period estimated hours will be 200 hours with a 165 hour guarantee and option period five estimate is 280 hours with a 230 hour guarantee. The estimated hours for Lot 2 (aircraft to based in Hulett) will be 650 per year with a 450 hour minimum guarantee for each aircraft. The base period estimated hours will be 270 hours with a 185 hour guarantee and option period five estimate is 375 hours with a 260 hour guarantee.

The Government intends to award one or more contracts to the responsible offeror(s) whose offer(s) conforms to the solicitation and is most advantageous to the Government, with price and other factors considered. Each lot will be evaluated separately.

The Government intends to make an award decisions without discussions. Therefore, each offeror is encouraged to provide the Government with all of the information necessary to evaluate their proposal for each lot. Offerors that fail to submit all the information necessary to evaluate their proposal with initial proposal bear the risk that their proposal will be rejected without discussions.

Each offeror may submit a proposal for each aircraft The proposals for each aircraft location will be evaluated separately. An offeror may not make its proposal for any given lot contingent on it receiving the award for any other lot.

a) The resulting contract will be a firm fixed priced with optional line items contract. All prices are firm-fixed price per unit.

(b) In accordance with FAR 52.212-1 (b)(10) Please ensure your firms provides past performance references.

(c) In accordance with FAR 52.212-1 (b) (8) A completed copy of the representation and certifications at FAR 52.212-3 is required with submission of proposal.

(d) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

C 1.0 Part C; STATEMENT OF WORK C 2.0

INTRODUCTION

For each item, the Contractor shall furnish and maintain a fixed wing aircraft in accordance with the specifications here in for use by the U.S. Department of Agriculture (USDA), Wildlife Services (WS), in support of predator control activities within the State of Wyoming.

Flights will be required to manage predation on livestock and wildlife and monitoring surveys. Flights may not be required for extended periods because of lack of predation or inclement weather conditions, but the aircraft must be available to provide services when needed upon 24 hours notice.

The WS has interagency and cooperative agreements with other Federal agencies, State agencies and private landholders, and may dispatch aircraft under this contract for such cooperative use.

C 3.0

SPECIFICATIONS

Type of Aircraft

1. The aircraft shall be a Piper Super Cub PA-18 or equivalent, single engine, highwing, two place (tandem) aircraft of not less than 175 horsepower and shall be highly maneuverable with Short Take Off Landing (S.T.O.L.) characteristics.

2. The aircraft, engine and any “time change” components shall have not less than 400 hours remaining before required overhaul time at the start of the contract.

3. The aircraft shall be equipped with minimum 175 horsepower engine with a McCauley, Model #E1A200-FA, 82 inch diameter, 42 –degree pitch type propeller.

4. Seating: Pilot, plus one crew member seat.

5. The aircraft must be certificated for at least 2000 pounds gross weight capability.

6. The aircraft shall have 48 gallon fuel capacity. Aircraft with lesser fuel capacity may be considered but are less desireable.

C 4.0

CONDITION OF EQUIPMENT

1. The aircraft must comply with its type design. Any modifications shall have either a STC approval or a Form 337 approval.

2. All surfaces of the wings, empennage and fuselage shall be free of damage. All repairs must be of an approved type so as to return the aircraft to a new, or equal to new, condition. The landing gear shall be maintained in accordance with manufacturer’s specifications. The tires shall be free of cuts and worn areas.

3. All fluid systems in the aircraft shall be free of leaks.

4. All windows and windshields must be clean, untinted and free of scratches that hinder visibility. The aircraft interior must be clean and neat. There must be no unrepaired tears, rips or other damage in the upholstery or headliner. The exterior finish and paint must be clean and in good condition.

5. The instrument and control panels shall be finished with nonreflective paint. Each control and instrument required to be labeled shall be so labeled in accordance with the aircraft’s type design.

C 5.0

STANDARD EQUIPMENT

1. Aircraft shall be equipped in accordance with FAR 91., VFR day and night.

2. An approved fire extinguisher, a first aid kit and survival kit shall be furnished by APHIS, WS personnel and carried aboard the aircraft on all flights.

3. Full electrical system including generator or alternator, battery and starter.

4. Interphone system between pilot and gunner that is capable of “hands free” or “push to talk” operation at the gunners’ position.

5. Engine hour meter reading in hours and tenths, or hours and hundredths, actuated by an engine oil pressure switch to record engine running time only.

C 6.0

SPECIAL EQUIPMENT

The aircraft shall have the following special configurations for ‘WS’ operations:

1. Shoulder harness for both seats with inertia reel for rear seat. (Installation similar, but not limited to, examples found in FAA Advisory Circular 43.13-2, chapter 9.)

2. Left side shooting window only and will be capable of being locked open in flight to provide adequate angle of fire for gunner. Window size limited to a maximum of 22 inches measured from front to rear of opening. This window can be installed at the WS Aviation and Training Operations Center (ATOC) at WS expense, if not provided on the aircraft.

3. Rear seat control stick removable and adequate protection provided for control mechanism and under seat area to prevent ejected shells, etc., from interfering with the controls. This modification can be installed at the ATOC at WS expense, if not provided on the aircraft.

4. Protection for, or removal of, rear seat throttle quadrant to prevent interference by gunner. This modification can be installed at the ATOC at WS expense, if not provided on the aircraft.

5. “High visibility” marking applied to aircraft as follows:

a. Paint outer 4 inches of rear face of propeller

b. Paint or tape leading edge of wing strut on shooting side.

6. Large oil cooler.

7. Deluxe front seat

8. Dedicated VHF communications radio

9. Cabin air assembly.

10. Rear cabin heat system

11. Outside air temperature gauge.

12. Engine rebuild specifications.

A. Rebuilt to factory new specifications as described by FAR Part 43.2b.

B. Factory new engine cylinders installed.

11.

A. The aircraft will be required to be transferred from standard airworthiness certificate normal/utility category to special airworthiness certificate restricted category, unless the 2000 pound gross weight increase is installed by STC. This will consist of an inspection by USDA/APHIS/WS (Lloyd Burraston, 435-867-5579, or his designee) via a field approval FAA Form 337. Attaching hardware as described in the FAA Form 337 must be replaced at 12 month or 1000 flight hour intervals whichever occurs first.

B. Boundary Layer brand Vortex Generators required.

C. Extended L-21 Skylight and rear window configuration with clear (untinted) glass required at time of fabric replacement.

The following “Special Equipment” to be furnished by APHIS/WS.

1. Aircraft engine heater.

2. Automatic flagman with three way pistol grip switch.

3. Shotgun mounting rack.

C 7.0

CONTRACTOR-FURNISHED AVIONICS SYSTEMS

The following systems shall be furnished, installed, made operable and maintained by the Contractor in each contract aircraft in accordance with the installation and maintenance standards referenced elsewhere in this contract.

1. Radio Transmitter/Receiver Systems

The aircraft shall have:

a. Aircraft shall be transponder equipped with mode C encoder altitude capabilities.

b. One VHF/AM airways communication transmitter/receiver system, 720 channel capability to communicate with all airways communication facilities in the area of operation for this contract, minimum 5 watts transmit carrier power.

c. FAA approved Emergency Locator Transmitter unit (ELT) of the automatic deployable or automatic fixed type meeting the latest TSOs of FAR 37.200 (currently-TSO-C91), attached to the aircraft as far aft as practicable per FAR 91.52(c). The pilot shall insure that each passenger is familiar with the operation of the ELT.

d. Batteries in ELT’s shall be maintained in accordance with FAR 91.52(d) and Advisory Circular AC 00-35A including: legibly marking the expiration date of the battery on the outside of the ELT; using only factory supplied, properly dated batteries and not undated batteries obtained from a local store; and recorded (in the aircraft maintenance log book) the new expiration date for the replacement battery, and the date(s) of compliance with applicable AD notes for the ELT.

2. Audio Control System

a. The installation standards of paragraph 5(b) under Installation and Maintenance Standards shall be carefully followed to avoid noise, interference, and crosstalk in the audio circuitry.

b. The pilots shall be able to talk on all radio communication transmitters and the interphone system with a single microphone plugged into a single microphone jack. This will require a rotary (or equivalent) switch to select only one transmitter system at a time to the pilot’s single microphone jack.

c. The pilot shall be able to listen to all communication receivers and interphone systems with a single headset plugged into a single jack.

d. The observer’s/gunner’s microphone and headset jack shall be paralleled with the pilot’s jack, except isolation relays shall be provided for the mike circuits, and impedance matching networks for the headphones.

The observer’s/gunner’s cord shall be routed from the wing root panel with proper length (coil cord) for connection to the headset/microphone/PJ-055 and PJ-068 (to accept a U-174 jack).

e. An override type interphone system shall mix with but not mute selected receiver audio and be operable without regard to the position of the transmitter selector switch. (Interphone push-to-talk switch separate from the transmit push-to-talk switch.)

f. Separate push-to-talk switches for interphone and transmit shall be provided, the pilot’s switches on the control stick and the observer’s/gunner’s switch mounted on the right rear floorboard. The operation of a push-to-talk switch at any one position shall not energize the microphone at any other position.

g. The system shall be designed for 600 OHM headsets, an electric boom-microphone (Gentex Mode 15060 noise-canceling boom microphone, or equal). The system shall also operate with carbon microphones.

C 8.0

AVIONICS SYSTEM

1. This solicitation includes systems utilizing Government-furnished avionics equipment, for which the Contract is required to make provisions in his aircraft. The Government will pay for installation of this equipment.

2. The Government will retain full ownership and control of any property which it may loan and retains the right to withdraw Government property at any time. The Contractor shall execute property loan documents for an property loaned and shall return, to the Government office making the original issue, all Government property upon the termination of the contract or immediately after the end of field season use of the aircraft.

3. The Contractor shall arrange with the Contracting Officer for any required maintenance of the Government-furnished property.

4. The Government will furnish and maintain one VHF-FM mobile radio.

The Contractor is responsible for the balance of the system necessary to insure proper operation in accordance with the installation and maintenance standards cited below.

5. The Contractor shall furnish, install, make operable and maintain the balance of the system, including the following:

a. The receiver audio, microphone audio, and transmitter keying circuits shall be connected to the aircraft’s integrated audio and transmit selector system (designated Auxiliary), via a control cable from the main wiring harness terminated with a proper plug to accommodate radio make & model.

b. A vertical polarized antenna shall be provided for each radio.

c. Provide 12 volt DC power to government furnished radio through a suitable circuit breaker.

d. The government furnished radio equipment shall remain in the aircraft during the entire contract period.

The government will not pay for any thing related to item 5.

C 9.0

INSTALLATION AND MAINTENANCE STANDARDS

1. Particular attention is called to the following FAR requirements:

a. All avionics installation and maintenance and approval of the aircraft for return to service after such installation and maintenance shall be performed by an FAA certified repair station or a manufacturer.

b. All avionics systems shall be installed and maintained in accordance with the manufacturer’s specifications and instructions and shall be made operable and maintained operable to the manufacturer’s specifications.

2. Acceptable methods, techniques and practices for aircraft alterations, inspection and repair are detailed in FAR Part 43 and Advisory Circulars AC 43.13-1A and AC 43.13-2A.

3. The recommendations in AC 43.14-1A Chapter 11 “Electrical Systems” and Chapter 15 “Radio and Electronic Systems,” as well as AC 43.13-2A Chapter 1 “Structural Data,” Chapter 2, “Radio Installation,” Chapter 3 “Antenna Installation,” shall be strictly adhered to. These include, but are not limited to the following:

a. Wire and cable. Wire and cable selected for proper size and the environment they will be subjected to and marked (wire and cable marked with a combination of letters and numbers which identify the wire or cable, the circuit it belongs to, its gauge size or cable characteristics and any other information required to relate the wire or cable to the wiring diagram. Mark at each end at 30 to 38 cm. intervals along the wire or cable. Short wires or cables under 18 cm, mark in the middle. Coaxial cable and wire bundles, install marked sleeving), routed, tied, laced, clamped and protected per AC 43.13-1A Chapter 1.

b. Interference protection. Bonding, Shielding and filtering; per AC 43.13-1A Chapter 15, and in accordance with Appendix 7 of ARINC Specification No. 413. Special care is mandatory in avoiding ground loops and interference coupling in “Category IV Sensitive Wiring” such as microphone circuits, audio output circuits, signal inputs to flight computers, etc. ARINC Spec. No. 413 can be purchased from:

Aeronautical Radio, Inc.

2551 Riva Road

Annapolis, MD 21401

Telephone: 301/266-4000

(ask for documents section)

c. Antenna location. Antennas located to: minimize interaction among radio systems, minimize pickup of electrical interference; minimize obstruction to signal reception by aircraft or aircraft components; and avoid interference with air supply to pilot and instrument static sources; per AC 43.13-2A Chapter 3.

d. Antenna installation. Antennas installed: on metallic skin, with reinforcing plates or doublers; on non-metallic skin or open frameworks, with an aluminum sheet ground plane, properly secured and electrically bonded to the airframe and of adequate size for the frequency of the antenna; per AC 43.13-2A Chapter 3.

e. Antenna type. Antennas to be: weatherproof external antennas; vertically polarized for VHF or UHF communications and ELTs; polarization for navigation and other systems as required by the system; broadband for multi-channel communication systems (with VSWR less than 1.5 to 1 for narrow-band VHF communication antennas, less than 2 to 1 for broadband VHF communication antennas); and as required by the manufacturer of the system for other systems; per AC 43.13-2A Chapter 3.

f. Equipment mounting. Avionics equipment mounting location and installation to: not interfere with flight crew safety space and comfort; be readily accessible for service; provide air circulation for proper cooling; protect from damage, by baggage, by seat deflection, by hazardous fluids or fumes (water, slurry, oxygen, fuel, etc.), by striking other equipment or parts of the aircraft; provide sufficient slack in all cables at units, instruments, and control heads to facilitate their removal and servicing; per AC 43.13-2A Chapter 2.

C 10 INSPECTION AND ACCEPTANCE

C 10.1

PRE-USE INSPECTION OF EQUIPMENT

The Contractor shall make its equipment available for inspection at the designated base of operations or other location acceptable to the Government at a mutually agreed upon time not later than 24 hours prior to the established reporting date. At the time of inspection the aircraft shall (1) be properly certified and registered by the FAA, and (2) comply with all specifications set forth herein.

If the aircraft meets all requirements of the contract, an Aircraft Data Card (APHIS Form 150) authorizing use of the equipment will be issued by the Contracting Officer or his/her designated representative. The Aircraft Data Card shall be with the aircraft throughout the contract period.

C 10.2

INSPECTION/REINSPECTION EXPENSES

The Contract will not be charged for the pre-use inspection nor one reinspection after each 90 calendar days of exclusive use with the contract period. The expense of any other reinspection required due to either the Contractor’s failure to provide equipment or personnel meeting contract requirements or from substitution of personnel or equipment will be charged to the Contractor.

C 11.0 DELIVERIES OR PERFORMANCE

C11.0

52.252-2 CLAUSES INCORPORATED BY REFERENCE (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.usda/aphis.usda.gov/mpls/ (On Bulletin Board)

a. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER

TITLE

DATE

52-247-34

F.O.B. DESTINATION

NOV 1991

C 11.2

AGAR 452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from the effective date of the contract through September, 2009, unless extended.

C 11.3

EXCLUSIVE USE

Exclusive use shall commence at 8:00 a.m., local time at the designated base or at such time and location stipulated by the Government on the first report day of the contract period. The aircraft and all required support equipment shall be made available exclusively for the use of the Government 24 hours per day, 7 days per week.

C 11.4

LIQUIDATED DAMAGES

a. If the Contractor fails to provide the aircraft or fails to maintain it in accordance with the requirements, the Government may obtain the required aircraft elsewhere and charge the contractor any excess cost. Further, the Contractor may be liable for any additional actual damages to the Government resulting from such failure to perform.

b. The Contractor shall not be charged with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and with the fault or negligence of the Contractor as defined in the Termination for Default.

C 12.0 SPECIAL CONTRACT REQUIREMENTS

C 12.1

RESCUE AND SALVAGE RESPONSIBILITIES

Salvage of damaged or demolished aircraft will be done at the Contractor’s expense. No equipment or personnel performing under this contract may be used on such operations unless authorized by the Government.

C 12.2

FUEL, OIL AND LUBRICANTS

All fuel, and any enroute replacement oil and lubricants required for the aircraft during the effective period of the contract shall be furnished by the Government, except for flights accomplished for the benefit of the Contractor.

C 12.3

MAINTENANCE REQUIREMENTS

The aircraft shall be fully maintained by the Contractor. If maintenance is required at locations other than the Contractor’s home base, the Contractor shall provide appropriate maintenance support, equipment and personnel necessary to repair the aircraft. Transportation of maintenance personnel and equipment shall be provided by the Contractor at no additional cost to the Government.

Aircraft shall be maintained in accordance with the manufacturer’s specifications, applicable APHIS regulations, and the company’s operations specifications and maintenance manual. Aircraft components which have been operated beyond the published limitation specified by FAA or the manufacturer will be inspected, overhauled and/or replaced as required by the FAA or by the manufacturer’s publication. Engines and/or major components having so as to minimize unavailability during the exclusive use period or extension thereof.

All applicable manufacturer’s mandatory bulletins and FAA Airworthiness Directives shall be complied with prior to performance of this contract. Bulletins or Airworthiness Directives published during the contract shall be complied in accordance with the individual bulletin or directive.

All maintenance deficiencies existing prior to the contract shall be corrected before the starting date of the contract. Those deficiencies occurring during the contract shall be corrected during normal scheduled maintenance.

The Contract shall assure that all maintenance performed on contract aircraft is recorded in the affected aircraft’s maintenance record in accordance with FAR 43 and FAR 91. In addition to aircraft time-in-service, the hour meter reading shall be recorded for all maintenance record entries.

A copy of the contract aircraft’s current maintenance record, containing as a minimum the information required by FAR 91.417, shall be kept at the designated base.

A separate list of FAA Airworthiness Directives and Manufacturer’s Mandatory Service Bulletins on the make and model of aircraft offered will be made available, recording whether applicable or not and if applicable the date and airframe total time at compliance, method of compliance, next compliance due date if recurring, and authorized signature and number. List will be similar to that shown in Advisory Circular 43-9A, Appendix 3.

The Contractor shall supply at the time of the initial agency inspection a list of all items installed on the aircraft which are required to be overhauled or replaced on a specified time basis. This list shall include the component names, serial numbers, service life (or inspection/overhaul time), total time since major inspection.

The Contractor shall immediately notify the Contracting Officer or his/her authorized representative of any proposed change of any engine, power train, flight control, or major airframe.

C 12.4

REMOVAL OF AIRCRAFT FROM SERVICE

The aircraft may be taken out of service for scheduled or unscheduled maintenance. Removal of the aircraft from availability status during an established duty day will require prior approval of the COR. Maintenance shall be completed within 24 hours if scheduled for service.

If the aircraft is not scheduled for service, it may be removed from the operating base for maintenance, provided the Contractor: (1) notifies the COR in advance; (2) obtains the availability schedule from the COR; (3) returns the aircraft to service before the beginning of the next availability period, and; (4) does not use the aircraft for any purpose other than maintenance test flights or ferry to and from the maintenance facilities.

Unavailability in excess of 3 full consecutive calendar days or in excess of any accumulated 7% of the exclusive use period shall constitute grounds for termination for default.

Payments for services rendered prior to termination for default will be made only on the basis of hours actually flown and no minimum guarantee will be effective.

C 12.5

FLIGHT OPERATIONS

Operations will be conducted by a Government pilot(s).

C 12.6

SUBSTITUTION OF AIRCRAFT

The Contractor may substitute aircraft during performance of the contract, provided such substitution meets all requirements herein and is approved in writing by the Contracting Officer or his/her authorized representative. Request for substitution shall be made at least 10 days prior to exchange except for unforeseen conditions. Transportation of substituted aircraft to the point of use will be at the Contractor’s expense.

C 12.7

ADDITIONAL AIRCRAFT

When aircraft, in addition to those under contract are required by the Government, the contractor may, upon request, furnish additional aircraft, if available. All terms and component, or of any major repair following an incident or accident, including the circumstances involved.

Routine maintenance shall be performed before or after the daily use or as approved by the Contracting Officer or his authorized representative.

The aircraft’s required weight and balance data shall be determined by actual weighing of the aircraft within 2 years preceding the starting date of the contract, or renewal date, and following any major repair or major alteration or change to the equipment list which effect the center of gravity of the aircraft.

The aircraft’s static system, transponder and encoding altimeters system shall be maintained in accordance with the requirements of FAR 91.215.

A test flight shall be performed at the Contractor’s expense following overhaul, or replacement of any engine, propeller, major component, or flight control equipment, and following any adjustment of the flight control system before the aircraft resumes service under this contract. The result of the test flight shall be logged in the aircraft records by the pilot.

The aircraft shall have a maximum time available between scheduled/required inspections available for use at the start of the contract period. The aircraft engine and any ‘time change’ components, shall have not less than 400 hours with a stipulation that should the engine have less than 400 hours, proof of replacement engine availability will be required.

The Contractor is responsible for all maintenance however, the Government reserves the right to purchase any parts or services and subtract the cost of same for monies due the Contractor. The Government will coordinate such purchases with the Contractor for any maintenance that will exceed $1,000.00.

C 12.8

AIRCRAFT STORAGE FACILITIES

Enclosed hangar facilities shall be provided by the Government for the aircraft at the designated base.

C 12.9

DAMAGES

1. If the Contractor fails to ensure availability of the aircraft at any time during the contract period, the Government may obtain the required services elsewhere and charge the Contractor’s any excess cost. Further, the Contractor may be liable for any additional actual damages to the Government resulting from such failure to perform.

2. The Contractor shall not be charged with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and with the fault or negligence of the Contractor.

C 12 .10

LIABILITY FOR LOSS OR DAMAGE WITH GOVERNMENT FURNISHED PILOT

The Government agrees that during the term of the lease, if the aircraft is damaged or destroyed due to the negligence of a Federal Government employee, the Government will reimburse the owner only as follows: In no event will any reimbursement be made for normal wear and tear. To the extent the aircraft has been damaged beyond normal wear and tear the Government agrees to pay the contractor for the reasonable cost of repair. If the aircraft is so severely damaged or destroyed such that repair is impracticable or the cost of repair will exceed the fair market value of the aircraft less any salvage value, the Government agrees to pay the Contractor the fair market value of the aircraft at the time of the loss, less salvage value.

(D) CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Items. (OCT 08)

(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—

(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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), 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. 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)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (FEB 09)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 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.]

__ (1)…