amendment_01.doc

pOMB Approval 2700-0042

OF

PAGES

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

ROJECT NO. (If applicable)

7. ADMINISTERED BY (If other than Item 6)

CODE

USDA, APHIS, MRP BS, ASD, Contracting Butler Square, 5th Floor

100 North Sixth Street

Minneapolis, MN 55403

9B. DATED (SEE ITEM 11)

11/13/2013

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE

FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer :___is extended, _X_ is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:(a) By completing Items 8 and 15, and returning one (1) copy of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATA SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and data specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B.

THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C.

THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D.

OTHER Specify type of modification and authority)

E. IMPORTANT: Contractor: is not,_____is required to sign this document and return ___ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

A. The purpose of amendment 01 to solicitation AG-6395-S-14-0012 is to:

1.Lower the minimum horsepower of the aircraft from 180 hp to 160 hp.

2.Add the following paragraphs (see page 2-4) to the SOW after C.19

1. Add the following to Section C of the solicitation (continued on page 2)

Except at provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

BY

(Signature of Contracting Officer)

NSN 7540-01-152-8070

30-105

STANDARD FORM 30 (REV. 10-83)

PREVIOUS EDITION UNUSABLE

Computer Generated Prescribed by GSA

FAR (48 CFR) 53

C. 20 NOTICE OF PERFORMANCE

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

C .21 AVAILABILITY OF SERVICE

The aircraft must be ready to perform flight at the designated base as required by the Contracting Officer or the designee. 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.22 RECORDING AND PAYMENT OF SERVICES

1. 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.

2. 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.23 ACCIDENT REPORTING AND INVESTIGATION

1. 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.

2. 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.24 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.25 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 contract. 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 contract, 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.26 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.27 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.28 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 aircraft to point of use will be at the Contractor’s expense.

C.29 AIRCRAFT STORAGE FACILITIES

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