Gathering_SOW.docx

Item No.

Estimated Quantity

Total Price

Helicopter Service as per attached statement of work, Period of performance:

Award -10/30/2015 Hours may be flown within the next 60-90 days in one to five missions. Missions will be planned in advanced with coordination of the Government and Contractor

Fuel truck mileage

NTE 40

TBD

HR

Mile

TOTAL for CLIN’s 0001 $_______________

Offeror Notes:

(a) The resulting contract will be a firm fixed priced Indefinite Delivery Indefinite Quantity contract, therefore hours stated, are only estimates. There will be a 3 hour total contract minimum and no maximum guarantee to hours ordered by the Government under this combined synopsis solicitation.

(b) Offeror shall submit a firm-fixed price per flight hour, for all costs necessary to perform required services as stated in the statement of work. The flight hour price shall include- but not be limited to labor, aircraft, fuels, labor, supervision, equipment and/or transportation.

The price for Per Diem will be a firm fixed, per night price for the pilot’s overnight expenses.

Per Diem will include room, meals and incidental expenses. Per Diem will only be paid when time or weather doesn’t allow the aircraft to return to its designated base of operations..

(c) Task orders may be issued via mail, fax or electronic methods.

STATEMENT OF WORK

The Offeror shall furnish, operate and maintain one helicopter, equipment, flight crew, support crew and support equipment in accordance with the specifications herein for use by the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Veterinary Services (VS), Surveillance, Preparedness and Response (SPRS). This requirement is for support of livestock herding/gathering activities in El Paso to Del Rio along the Rio Grande in western Texas.

1. Background:

USDA APHIS SPRS has a requirement for helicopter services to herd and capture stray livestock (cattle and horses) that wander across the Rio Grande River from Mexico to the USA. The purpose of capturing the stray animals is for the protection of US Origin livestock from the transmission of infectious diseases that might be transmitted from stray livestock from Mexico.

1. Objective:

The gatherings will take place before tree/brush leaf cover hinders spotting animals and before warm spring temperatures increase. Excessive heat in the extended spring &summer months in those areas could pose a health risk to the animals being captured and the people participating. The flights will occur in the El Paso to Del Rio area as early as a week after award and weekly if favorable flying conditions and livestock numbers persist. The Government will work with the contractor in advance for availability and ideal conditions for the gatherings. SPRS personnel will provide equipment and personnel to conduct the containment of any livestock herded in to the designated and/or Government provided pens/corrals by the helicopter service provider. The Government is dedicated to the safety of personnel, and health and safety of animals that we work with. The helicopter team is expected to have adequate experience so that; animals are captured in an expedient manner without excessive chasing, Flights will be scheduled when favorable weather is forecasted; suitable numbers of stray livestock are observed, and with the helicopter service provider’s work schedule. The Government anticipated the gatherings will require 2-10 flight hours per roundup. The number of gatherings that may be scheduled could be one or five, depending on whether and/or the numbers of stray livestock that are present in those locations at any given time. If the additional roundups are needed they will be scheduled on a weekly basis.

FUEL TRUCK EQUIPMENT AND EXPENSES

a. A fuel truck and driver be available, as needed, to transport fuel to a field refueling site. The purpose of a fuel truck is to maximize the efficiency of the aerial operations by reducing the helicopter’s ferry time and associated expenses for the purpose of refueling.

b. Fuel truck will meet all Federal and State Department of Transportation and FAA requirements and restrictions for transporting aviation fuel and complying with FAA refueling standards.

c. Per diem for fuel truck driver will be the same or less as allowed for the pilot. Per Diem will be based on the Federal Travel Regulations terms and rates for the area.

PILOT REQUIREMENTS

Pass A National Agency Check with Inquiries (NACI), background investigation as per the Homeland Security Presidential Directive/HSDP-12, issued August 27, 2004.

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/Contractor. The Offeror agrees to designate, in writing, the pilot to represent the Offeror on the job for the purpose of planning operations with the Government. The Government may or may not order flights 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.

PERMITS AND LICENSES

The Offeror shall be responsible for obtaining, at their expense, all necessary permits and licenses to comply with all applicable Federal, State, and local laws and regulations.

LIABILITIES OF THE OFFEROR AND THE GOVERNMENT

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

The Offeror 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 Offeror will not be responsible for any intentional negligent or wrongful acts of omissions of the US Department of Agriculture employees.

COMPUTATION OF FLIGHT TIME

Helicopter flight time will be paid from the time a helicopter lifts off the ground for a direct flight until it lands. Flight time will be recorded in hours and tenths by means of a flight recording meter activated by the collective control, or some other means to record flight time only.

PAYMENT TERMS

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

Additional Clauses

52.216-18 Ordering (OCT 1995).

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued anytime within the period of performance of the contract.

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

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

(End of clause)

52.216-19 Order Limitations (OCT 1995).

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than three flight hour, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 60 hours;

(2) Any order for a combination of items in excess of 60 hours; or

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of 3 flight hours, but not in excess of 60 hours for the contract.

(End of Clause)

452.216-74 CEILING PRICE (FEB 1988)

The ceiling price of this contract is $50,000.00. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

(End of Clause) 52.216-22 Indefinite Quantity (OCT 1995).

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after contract expires.

(End of clause)

52.204-9 – Personal Identity Verification of Contractor Personnel (JAN 2006)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

AGAR 452.209 – 71 ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS

(a) This award is subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112‐55, Division A, Sections 738 and 739 regarding corporate felony convictions and corporate federal tax delinquencies. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal or State law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the USDA Animal and Plant Health Inspection Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections 738 or 739.

ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION 2014-0001) (October 2014) This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President's Executive Order Establishing a Minimum Wage for Contractors, dated June 12, 2014.

(a) Each service employee, laborer, or mechanic employed in the United States (the 50 states and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.

(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.

(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.

(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).

(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.

(End of clause)

52.232-40 – Providing Accelerated Payments to Small Business Subcontractors. (Dec 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

(End of clause)

452.237-74 Key Personnel. (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: Aircraft Pilot.

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)