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

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

Quantity

Fixed wing Aircraft Service as per attached statement of work, Period of performance: Award -09/30/2012 (FY-12)

Option Period One: Fixed Wing Aircraft Service as per attached statement of work, Period of performance:

10/01/2012 -09/30/2013 (FY-13)

HR

Option Period Two: Fixed Wing Aircraft Service as per attached statement of work, Period of performance:

10/01/2013 -09/30/2014 (FY-14)

TOTAL for CLIN’s 0001-0003 $_______________ Offeror Notes:

(a) The resulting contract will be an Indefinite Delivery Indefinite Quantity contract(s), therefore hours stated, are only estimates. There will be a 10 hour total contract minimum and no maximum guarantee to hours ordered by the Government under this solicitation.

(b) If overnight travel is required by the Government, The contractor will be reimbursed for the pilot’s per diem in accordance to the Federal Travel Regulations.

(b) In accordance with FAR 52.212-1 and FAR 52.212-2, Please ensure your firm provides past performance references and information Aircraft standard/special equipment, base of operations and low level flying experience .

(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

STATEMENT OF WORK

The Contractor shall furnish, operate and maintain one fixed-wing aircraft and one pilot in accordance with the specifications here in for use by the U.S. Department of Agriculture (USDA), Wildlife Services (WS), in support of predator damage management activities within Southwest North Dakota and Northwest South Dakota.

Flights will be required for coyote predation on livestock and/or wildlife, or for disease monitoring, or to remove invasive species. 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 48 hours notice.

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

C 2.0

AIRCRAFT AND EQUIPMENT SPECIFICATIONS

The aircraft and equipment provided shall be in accordance with the WS Aviation Operations Manual, as well as the specifications herein.

C 2.1

FIXED WING AIRCRAFT

1. The aircraft shall be a Piper Super Cub PA-18, which has:

a. High wing,

b. Two-place, tandem seating,

c. Conventional landing gear (with tail wheel).

2. Single-engine, minimum 160 horsepower.

3. Maneuverable with short takeoff and landing (STOL) characteristics.

4. The aircraft, engine and any “time change” components shall have not less than 300 hours remaining before required overhaul time at the start of the contract.

5. Vortex generators and horizontal/elevator strake required.

C 2.2

STANDARD EQUIPMENT

1. Shoulder harness for both seats with inertia reel for rear seat.

2. Left side window with a maximum 22-inch opening capable of being locked open in flight to provide adequate angle of fire for gunner. This window can be installed at the ATOC at WS expense, if not provided on the aircraft.

3. Removable rear seat control stick 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 with the operation of the throttle by the gunner. This modification can be installed at the ATOC at WS expense, if not provided on the aircraft.

5. FAA approved emergency locator transmitter (ELT) of the automatic deployable or automatic fixed type meeting the latest Technical Standard Order (TSO). The ELT unit will be attached to the aircraft as far aft as practicable in accordance with FARs.

6. An approved fire extinguisher (meeting DOT requirements and UL listed), a first-aid kit, and an appropriate survival kit. Adequate equipment and instruments for Visual Flight Rules (VFR) day and night operations in accordance with FARs, including one FAA approved anti-collision beacon.

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

8. Engine hour meter, recording in hours and tenths or hours and hundredths and activated by an engine oil pressure switch to record engine running time only.

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

10. Dedicated VHF communications radio.

11. Auxiliary cabin heat system.

12. Cabin air assembly.

13. Outside air temperature gauge.

14. High visibility markings as follows:

a. Outer 4” of rear face of propeller

b. Leading edge of wing strut on shooting side.

c. High visibility markings should be of a color that will be visible against the terrain over which the mission is flown. Change of background color during seasonal differences must be considered. Tape may be used on leading edges of wing struts. Paint should be used on the propeller.

C 2.3

SPECIAL EQUIPMENT OPTIONS

The aircraft may be equipped with the following preferred special configurations for WS operations:

1. 82” diameter propeller (PA 18 STC 11-SA279AL) or equivalent.

2. Built-up cushions for rear seat.

3. Extended landing gear.

4. Extended skylight.

5. Automatic Flagman

6. Extended flaps.

C 2.4

AVIONICS EQUIPMENT

C 2.4.1 AVIONICS SYSTEMS REQUIRED

The following systems shall be furnished, installed, made operable and maintained by the Contractor in the 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 3(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.

3. 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 radio through a suitable circuit breaker.

C 2.4.2 AVIONICS 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 2.5

CONDITION OF EQUIPMENT

1. The aircraft must comply with its type design. Any modifications shall have either a Supplemental Type Certificate (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, and free of scratches that hinder visibility. The aircraft interior must be clean and neat. There must be no un-repaired 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 non-reflective paint. Each control and instrument required to be labeled shall be so labeled in accordance with the aircraft’s type design.

C 3.0

PILOT REQUIREMENTS

The pilot provided shall be qualified in accordance with the WS Aviation Operations and Training Policies, in addition to the requirements herein.

C 3.1

PILOT QUALIFICATIONS

1. Pilot must be able to be carded by the Wildlife Services, Aviation Training & Operations Manager.

2. Pilot must be able to pass the required background check.

3. Commercial pilot certificate with current class II medical.

4. 1,500 hours total pilot time.

5. 1,200 hours pilot time in command in single engine land (SEL) aircraft.

6. 200 hours pilot in command (PIC) time in the preceding 12 months, including 50 hours in a similar type aircraft in the preceding 6 months.

7. 100 hours PIC in the same make and model of aircraft to be used on WS missions.

8. 200 hours PIC in low-level operations over typical terrain found in the area of operations, including 50 hours in the preceding 6 months.

9. 250 hours experience as PIC for predator hunting operations or 500 hours PIC for agriculture application operations.

NOTE: Depending on the total experience level of the pilot, pilots that do not meet the recent short-term flying time: requirements, but meet a1l other requirements, may be granted a waiver by the Aviation Training & Operations Manager waving certain short term requirements.

10. PILOT MINIMUM BACKGROUND INVESTIGATIONS Pass a National Agency Check with Inquiries (NACI), background investigation as per the Homeland Security Presidential Directive/HSDP-12, issued August 27, 2004 “The Contractor shall provide to the Contracting Officer Representative (COR), Contracting Officer, or designated responsible individual, a list of all contractor and subcontractor employees full name, job title, employer (prime or subcontractor), performance period, and information on any standard commercial security or background clearances conducted by the prime or subcontractor, and that contractor employees pass the background check. The Contractor shall also identify those contractor and subcontractor employees requiring routine access to federally controlled facilities and/or federally controlled information systems and/or exceed 180 days (6 months). All background or security background clearances must be done one (1) week prior to commencing work. Where this is not practical and the prime or subcontractor require intermittent access to federally controlled facilities or are under the 180 day limit, a temporary quest ID badge will be issued and/or such personnel may be under constant supervision and their access to areas or data may be more restricted.

The COR will submit the list to the Personnel Security Officer of those contractor or subcontractor employees requiring routine access to federally controlled facilities and/or federally controlled information systems and/or exceed 180 days (6 months). The COR will work with HR Classification to determine the level of background investigation for those prime and subcontractor employees consistent with those position sensitivity designations in the Homeland Security Presidential Directive (HSPD) 12. Prime and subcontractor employees identified by HR Classification and coordinated with the Security Personnel Officer to meet this requirement, must complete the appropriate level of government background check; National Agency Check with Inquiries (NACI), Minimum Background Investigation (MBI), or Limited Background Investigation (LBI), and that contractor employees pass the appropriate level of investigation.

A NACI is the basic and minimum investigation required of all new Federal Employees and contractors consisting of searches of the OPM Security/Suitability Investigations Index (SII), the Defense Clearance and Investigation Index (DCII), the Federal Bureau of Investigation (FBI) Identification Division's name and fingerprint files, and other files or indices when necessary. A NACI also includes written inquiries and searches of records covering specific areas of an individual's background during the past five years (inquiries sent to current and past employers, schools attended, references, and local law enforcement authorities). This does not apply to individuals under contract to a department or agency, requiring only intermittent access to federally controlled facilities.

The next level of investigations is for moderate risk positions and is typically referred to as "Public Trust" positions. Personnel occupying moderate risk public trust positions must undergo at the least a minimum background investigation (MBI). Moderate risk positions within this category have the potential for moderate to serious impact on the integrity and efficiency of the service because they involve duties of considerable importance to the agency or program.

The Contractor shall take full responsibility to ensure that prime and subcontractor employees who require routine, long-term (6 months or more) physical access to federally controlled facilities and logical access to federally controlled information systems except for "national security systems" as defined by 44 U.S.C. 3542 (b) (2), or if the nature of the aerial operations being performed by the contractor or subcontractor even if less than 180 days, dictate an elevated background investigation, are required to complete and submit an AD-1197, and HRO Supplement AD-1197 for Contractors Personnel Security Document to the following:

USDA/ APHIS, MRPBS, HRD

Attn: Personnel Security Officer

Butler Square, 100 N. 6th Street, Suite 555B

Minneapolis, MN 55403-1588 The Personnel Security Staff will validate the level of background investigation required of the employee's position, initiate them into OPM's secure on-line e-QIP portal and will provide further instructions by means of email for completing the electronic questionnaire.”

C 3.2

PILOT AUTHORITY AND RESPONSIBILITY

1. The pilot is responsible for the safe operation of the aircraft and the safety of its occupants and cargo. The pilot may be able to function as a mechanic on his aircraft, as long as both combined duties do not exceed the 8 hour per day limit. Safety requirements, such as preflight, reserve fuel, weight and balance limitations shall be strictly adhered to. The pilot shall refuse any flight or landing which the pilot considers hazardous or unsafe.

2. Pilots must demonstrate the following:

a. Positive flying safety attitudes and habits.

b. Positive attitude regarding requirements and procedures for aerial hunting of predator animals.

c. Emotional stability under the stress of low level aircraft operations required for aerial hunting.

d. Positive personality characteristics required to work and communicate effectively with field personnel and cooperators.

e. Knowledge of and/or willingness to learn predator habits and how to effectively and efficiently hunt them.

f. Ability to safely identify and maintain effective airborne contact with the target animal.

g. Willingness to work unusual hours and lodge at remote field locations.

3. Pilots of single engine aircraft shall be limited to flight during daylight hours and under VFR conditions only. Daylight hours are defined as 30 minutes before official sunrise to 30 minutes after official sunset, or during extended twilight hours when terrain features can be readily distinguishable for a distance of at least one mile.

4. Pilots shall be responsible for reporting daily activities to the WS State Director for the purpose of capturing information for activity data entry into the WS Management Information System.

5. Pilots shall insure that crewmembers or passengers use approved PPE provided by WS as described in C.3.3. below.

C 3.3

GOVERNMENT PROVIDED PERSONAL PROTECTIVE EQUIPMENT (PPE)

1. The pilot shall wear an aviator’s protective helmet equipped with microphone and headset compatible with radio specifications of this purchase order during all flights. The helmet shall be equipped with a chin strap and shall be individually fitted to cover the head, back of the neck and ears.

2. Pilots shall wear long-sleeved flight suit made of fire resistant polyamide or aramid material or equal. Pilots shall wear leather and leather or polyamide or aramid gloves. The shirt, trousers, boots and gloves shall overlap to prevent exposure to flash burns.

3. Pilots shall have available personal protective clothing and equipment for personal use such as snow shoes, parka or heavy jacket, mitts and sunglasses.

C 4.0

FLIGHT OPERATIONS

Flight operations will be conducted in strict compliance with the WS Aviation Operations Manual, the WS Operations Safety Program Manual, the WS Aviation Safety Program Policies, the Federal Aviation Regulations, Federal Airborne Hunting Act, and any applicable State and local laws.

C 5.0 INSPECTION AND ACCEPTANCE

C 5.1

PRE-USE INSPECTION OF EQUIPMENT

1. 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.

2. 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 at all times.

C 5.2

INSPECTION/REINSPECTION EXPENSES

The Contractor will not be charged for the pre-use inspection nor one reinspection after each 90 calendar days of exclusive use within 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 5.3

INSPECTION OF PERSONNEL

1. Upon request, the Contractor shall promptly submit completed pilot (and mechanic, if applicable) information forms for all personnel that may be utilized under this contract. Information from these forms will be used in evaluating the pilot's and mechanic's qualifications. Only those individuals whose past experience can be verified will be considered for use on this contract.

2. Pilot performance evaluation will be conducted when determined necessary by the Aviation training & Operations Manager to further verify the pilot's ability to perform on this contract. The aircraft used for this evaluation shall be the same type and model as offered for this contract and will be provided by the Contractor for the evaluation flights at the Contractor's expense. Location of the evaluation flights should include access to terrain similar to that to be flown during the contract period when possible.

3. Location and time of evaluation flights shall be the same time as established for aircraft inspection. The determination as to the ability of the pilot, through an evaluation flight, to successfully meet the requirements of this purchase order will rest with Government. Evaluation flights will be conducted at a minimum of once per year.

C 6.0 DELIVERIES OR PERFORMANCE

C 6.1

48 CFR CHAPTER 1, 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.

C 6.1.1

48 CFR CHAPTER 1, 52.247-34 F.O.B. DESTINATION (JAN1991)

F.O.B Destination

C 6.1.2

48 CFR CHAPTER 4, 452.211-5 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from award through September 30, 2017.

C 6.2

NOTICE OF PERFORMANCE

The Contractor shall report as scheduled on an as-needed basis during the contract period or any subsequent renewal periods. Services required will be coordinated in advance.

C 6.3

AVAILABILITY OF SERVICE

The aircraft must be ready to perform flight at the designated base as required by the Contracting Officer or the COR. The schedule of operations will be planned by the Government with the cooperation of the pilot. The Government may or may not order flight on any day during daylight hours, depending upon the necessity of the work and suitability of flying conditions. Daylight hours are defined as between ½ hour before sunrise to ½ hour after sunset.

C 6.4

RECORDING AND PAYMENT OF SERVICES

1. All services received will be recorded on an invoice (Form ADC-3) approved by the Government and submitted for payment in accordance with instructions issued by the ordering office.

2. Fixed wing flight time begins when the airplane leaves the blocks for the purpose a directed flight and ends when the aircraft arrives at the destination blocks. Flight time will be recorded in hours and tenths by means of an engine hour recorder activated by an oil pressure switch or recording tachometer.

3. Payment shall be made only for flight time ordered by the Contracting Officer or authorized representative. Payment will be made to the nearest tenth of an hour of actual flight time.

C 6.5

ACCIDENT REPORTING AND INVESTIGATION

1. In the event of an incident or accident involving the aircraft, the pilot, if able, shall notify the WS supervisor and the National Aviation Coordinator (NAC) as soon as practical. A WS Aviation Incident Report (AIR) shall be submitted to the NAC. Other reporting provisions provided in the WS Aviation Safety Manual will submitted in a timely manner.

2. The Contractor shall maintain an accurate record of all aircraft accidents, incidents and injuries to Contractor or Government personnel arising in the course of performance under this purchase order and shall immediately notify the Contracting Officer of all such accidents, incidents or injuries. The Contractor shall not permit removal or alteration of the aircraft following an accident until authorized by the Contracting Officer except in emergencies such as threat to life or property, blocking airport runways, etc. The Contractor shall make available his personnel, records, and any equipment, damaged or undamaged, deemed necessary by the Accident Investigation Board to determine accident cause factors.

3. The Government will be responsible for any costs involved in disassembly of any aircraft, aircraft engine, propeller, rotor assembly or appliance necessary to determine probable accident or incident cause.

C 6.6

ACCIDENT RESCUE AND SALVAGE RESPONSIBILITIES

1. The Contractor will be responsible for rescue operations of the Government and Contractors' personnel employed under this contract.

2. 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.

3. When search for and rescue of Government and Contractor’s personnel or repair of aircraft which are out of commission (either at the base camp or in the field) is made necessary by the failure of the Contractor’s equipment or accidents caused by his employees, the cost of such search, rescue and repairs is solely the responsibility of the Contractor.

C 6.7

LIABILITIES OF THE CONTRACTOR AND THE GOVERNMENT

1. The Government will not assume any responsibility for loss or damage to equipment owned or operated by the Contractor, his agents, employees or sub-contractors. The Government will not assume any responsibility for injury or death of the Contractor, his agents, employees or sub-contractors, caused during the performance of this purchase order. The Contractor will be responsible for the intentional negligent and wrongful acts or omissions of the Contractor, his agents, employees or sub-contractors and employees and agents of the sub-contractors incidental to the performance of this agreement.

2. The Contractor will hold and save the Government, its officers and employees harmless from all liability for any death or damage to all persons, (other than the liability of the Government to USDA employees as provided for under the Federal Employees Compensation Act) real property or personal property which results from the operation of, or incident to, equipment furnished by the Purchase order, or otherwise incidental to performance of the agreement. However, the Contractor will not be responsible for any intentional negligent or wrongful acts of omissions of the US Department of Agriculture employees.

3. During the period of performance of the contract, certain Government owned equipment may be assigned to the Contractor. If the equipment is lost, damaged or totally destroyed as a result of the Contractor’s negligence, or as a result of any accident, the fair market value of the equipment will be charged to the Contractor and withheld from payments due under this purchase order.

C 7.0 SPECIAL CONTRACT REQUIREMENTS

C 7.1

MAINTENANCE REQUIREMENTS

1. 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.

2. Aircraft shall be maintained in accordance with Federal Aviation Regulation (FAR) part 135 and FAR Part 91 as applicable, to include 100 hour/annual inspections and compliance with the manufacturer’s recommendations for Time Between Overhaul (TBO) and Time In Service (TIS), applicable APHIS regulations, and the Contractor’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. Engine and/or major components are to be maintained so as to minimize unavailability during the contract period or extension thereof.

3. 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 with in accordance with the individual bulletin or directive.

4. 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.

5. The Contractor shall assure that all maintenance performed on contract aircraft is recorded in the affected aircraft’s maintenance record in accordance with FAR 43, 91, and 135 as applicable. In addition to aircraft time-in-service, the hour meter reading shall be recorded for all maintenance record entries.

6. 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.

7. 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.

8. 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 affect the center of gravity of the aircraft.

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

C 7.2

FUEL, OIL AND LUBRICANTS

1. All fuel, and any en-route replacement oil and lubricants required for the aircraft during the effective period of the contract shall be furnished by the Contractor.

2. Aircraft shall not be refueled while the engine is running or propeller is turning unless the refueling facility is equipped with an approved closed-circuit refueling system. All fuel used by aircraft shall be approved for use by the engine manufacturer, and shall be a petroleum product designed for use in aircraft.

3. Fuels shall be manufactured, transported, stored and dispensed in strict accordance with procedures formulated for aviation fuel standards. Fuels, lubricating oils and hydraulic fluids used to maintain the aircraft shall be supplied by the contractor. Maintenance of fuel storage and fueling facilities is the Contractor’s responsibility.

C 7.3

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 WS National Aviation Coordinator and 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 aircraft to point of use will be at the Contractor’s expense.

C 7.4

AIRCRAFT STORAGE FACILITIES

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

(D) CONTRACT CLAUSES

52.212-4 Contract Terms and Conditions—Commercial Items (Jun 2010)

(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 at 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.