Solicitation_AG-84N8-S-16-0002.pdf

Solicitation: AG-84N8-S-16-0002

N149Z Avionics Refurbishment (Region 4 Forest Service)

REGION 4 UTAH ACQUISITION SUPPORT CENTER INSTRUCTIONAL COVER SHEET

ISSUING OFFICE: U.S. DEPARTMENT OF AGRICULTURE

FOREST SERVICE

UTAH ACQUISITION SUPPORT CENTER

2222 WEST 2300 SOUTH

SALT LAKE CITY, UT 84119

FAX (801) 975-3483

SOLICITATION NO: AG-84N8-S-16-0002

OFFERS ARE SOLICITED FOR: N149Z AVIONICS REFURBISHMENT (REGION 4 FOREST SERVICE)

This project is set aside 100% for small business

IMPORTANT – NOTICE TO OFFEROR:

AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE

TO THIS SOLICITATION:

1. SF-1449 – Solicitation, Offer and Award (Complete, Date and Sign)

2. Section I, Subsection I.1, Schedule of items

3. Section VI, Subsection VI-1 FAR 52.209-7 Information Regarding Responsibility Matters

4. Section VI, Subsection VI-2 FAR 52.212-3 Offeror Representations and Certifications-Commercial Items

5. Section VI, Subsection VI-4 FAR 452.209-70 (AGAR 104A) Representation by Corporations Regarding an

Unpaid Delinquent Tax Liability or a Felony Conviction

6. Technical and Business information as detailed in Section VII-4 AGAR 452.215-71 Instructions for the

Preparation of Technical and Business Proposals and Other Applicable Documents

Ensure the solicitation number is on the outside of your envelope and retain a copy of solicitation for your records.

Return to: USFS - Region 4 - Utah Acquisition Support Center

ATTN: Tamera Draper

2222 West 2300 South

Salt Lake City, UT 84119

Solicitation No: AG-84N8-S-16-0002

Please keep a copy of your quote for your records.

AN AWARD WILL BE MADE FROM THIS SOLICITATION AS SOON AS THE EVALUATION OF OFFERS HAS BEEN COMPLETED WHICH

WILL OCCUR SHORTLY AFTER THE CLOSING DATE OF THE SOLICITATION. IN ORDER TO BE CONSIDERED FOR ANY AWARD, IT IS

REQUIRED THAT CONTRACTORS BE REGISTERED, ACTIVE AND VALID IN THE SYSTEM FOR AWARD MANAGEMENT (SAM)

DATABASE AT THE TIME THAT AWARD WILL BE MADE. IT IS RECOMMENDED THAT IF YOU ARE A CONTRACTOR THAT WILL BE

RESPONDING TO THIS SOLICITATION AND NOT CURRENTLY REGISTERED, ACTIVE AND VALID IN THE SAM DATABASE, THAT

YOU IMMEDIATELY BEGIN THE PROCESS. CONTRACTORS MUST ALSO BE REGISTERED IN THE SAM DATABASE UNDER THE

NAIC’S CODE THAT THIS SOLICITATION IS ISSUED UNDER. REFERENCE FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT.

THIS IS THE ONLY NOTICE THAT CONTRACTORS WILL GET INSTRUCTING THEM TO COMPLETE THE SAM REGISTRATION

PROCESS IF THEY HAVE NOT ALREADY DONE SO. THE WEBSITE IS WWW.ACQUISITION.GOV.

ALL SOLICITATIONS SHALL BE ISSUED THROUGH THE FEDERAL BUSINESS OPPORTUNITIES (www.fbo.gov).

IT IS THE OFFERORS RESPONSIBILITY TO WATCH FOR ANY AND ALL AMENDMENTS TO THE SOLICITATION, WHICH SHALL BE

ISSUED ELECTRONICALLY THROUGH THE FEDERAL BUSINESS OPPORTUNITIES WEBSITE.

http://www.acquisition.gov/ http://www.fbo.gov/

SOLICITATION/CONTRACT/ORDER FOR

COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 2 of 44

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AG-84N8-S-16-0002 October 22, 2015

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/LOCAL

Tamera Draper, Contract Specialist

801.975.3370

November 23, 2015 at

1:00 p.m. Local Time

9. ISSUED BY: CODE 10. THIS ACQUISITION IS 11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

SEE

SCHEDULE

12. DISCOUNT TERMS

Utah Acquisition Support Center

2222 West 2300 South

Salt Lake City, UT 84119

( ) UNRESTRICTED

(X) SET AIDE: 100 % FOR

(X) SMALL BUSINESS

( ) SMALL DISAV. BUSINESS

( ) 8(A) 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

NAIC: 488190 13b. RATING

SIZE STANDARD: $32.5 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Schedule Utah Acquisition Support Center

17a. CONTRACTOR/ OFFEROR CODE

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

(see block 9)

TELEPHONE NO. DUNS#

FAX NO. TIN#

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

*****N149Z Avionics Refurbishment***** See attached Schedule of Items 1. REQUISITION NUMBER PAGE 2 of 31

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AG-84N8-S-13-0107 07/16/2013

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE/LOCAL

Tamera Draper, Purchasing Agent

801.975.3370

July 23, 2013 at 1:00 p.m. Local Time (MT)

9. ISSUED BY: CODE 10. THIS ACQUISITION IS 11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

SEE

SCHEDULE

12. DISCOUNT TERMS

Utah Acquisition Support Center

2222 West 2300 South

( ) UNRESTRICTED

(X) SET AIDE: 100 % FOR

(X) SMALL BUSINESS

( ) SMALL DISAV. BUSINESS

( ) 8(A) 13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

NAIC: 423860 13b. RATING

SIZE STANDARD: 100 employees 14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

See Schedule Utah Acquisition Support Center

17a. CONTRACTOR/ OFFEROR CODE

FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

(see block 9)

TELEPHONE NO. DUNS#

FAX NO. VXP#

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

IS CHECKED SEE ADDENDUM

***See Page 2 for Schedule of Items***

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCES FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE ___________________ OFFER

DATED ______________________. YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO

THE CONTRACT, EXCEPT AS NOTED

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

32b. SIGNATURE OF AUTHORIZED GOVT. 32c. DATE COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION SEE REVERSE FOR OMB CONTROL NUMBER AND

PAPERWORK BURDEN STATEMENT

STANDARD FORM 1449 (10-95)

Prescribed by GSA – FAR (48 CFR) 53.212

SECTION I – SUPPLIES OR SERVICES AND PRICES/COSTS

I-1 SCHEDULE OF ITEMS

Offerors shall complete all pricing below in the Schedule of Items.

ITE

M

DESCRIPTION QUANTITY UNIT PRICE

1.a Avionics Upgrade for US Forest Service

N149Z Beech King Air 200c S/N: BL-124

Guaranteed

SYSTEM

1.b

Credit for Equipment Removed from the

Aircraft

(see paragraph II.5 (c))

If Accepted

LOT

Total

I-2 PERIOD OF PERFORMANCE

(a) The Government anticipates delivery of the aircraft on or around December 1, 2015

(b) The period of performance of this contract shall begin within 10 calendar days from the effective date of the

Notice to Proceed and be completed no later than 45 calendar days.

I-3 OFFEROR’S COMPANY INFORMATION:

Name of Company (please print):___________________________________________

DUNs Number:__________________________________________________________

Printed Name of Company Agent: __________________________________________

Signature of Company Agent:______________________________________________

Date:__________________________________________________________________

Phone Number:__________________________________________________________

E-Mail Address:_________________________________________________________

N149Z Avionics Refurbishment-R4 Aviation

SECTION II – DESCRIPTION/SPECIFICATION/WORK STATEMENT

STATEMENT OF WORK

II-1 SCOPE

(a) The objective of this solicitation and any resulting contract is to complete the installation and certification of an avionics upgrade package, which includes, but is not limited to, completion of all system certifications, installation, wiring diagrams, paperwork and test flights on a USDA Forest Service aircraft, 1985 Beechcraft King

Air B200C (S/N BL-124) in accordance with the contract, laws, rules, regulations and any applicable order.

II-2 CERTIFICATION AND AUTHORIZATION REQUIREMENTS

(a) The Contractor shall be the holder of a valid FAA Part 145 Repair Station Certificate with the appropriate ratings for the work to be performed under this contract.

(b) The Contractor shall be authorized by the avionics manufacturer for the work to be performed under this contract.

(c) The Contractor shall maintain a Drug and Alcohol Program which complies with the procedures set forth in 49

CFR part 40.

II-3 GOVERNMENT PROVIDED AIRCRAFT

The Government will deliver the aircraft to the Contractor’s facility to support the avionics upgrade.

II-4 TECHNICAL REQUIREMENTS

(a) The aircraft shall be modified in accordance with the requirements of this agreement, federal regulations and equipment manufacturer’s instructions. The government shall approve all options, configurations, layouts, finishes and labeling prior to the work being accomplished.

(b) All avionics, flight instruments and engine instruments shall be removed, except as noted in the body of this document. All associated wiring, connectors, circuit breakers, coaxes, antennas (Com 1 and Com 2 antennas are only to be removed and re-bonded without gaskets) and the Navigation Antenna is to be inspected for airworthiness and tested where appropriate. Trays and ancillary equipment shall also be removed. The existing

GDL 69A will be retained and shall be reinstalled with fresh wiring interfaced accordingly. The mounting location may be changed to fit the scheme in the forward avionics bay. The DME installation will also be retained and shall be renewed with fresh wiring as well.

(c) The aircraft electrical system shall be evaluated and the government advised of discrepancies.

(d) Existing instrument panels shall be removed. Drawings and samples of new instrument panels shall be provided to the government for approval of the configuration, finish and labeling. Following approval, the new instrument panels provided by Garmin shall be modified if necessary and installed. Panels are to be finished and labeled with durable material that will withstand harsh operating environments.

(e) The Contractor shall provide and install the following avionics systems.

(1) A Garmin G1000 System including SVT (synthetic vision) , GFC 700 Autopilot, Two GTX33D w/ES mode S transponders with ADS-B out, GTS855 TCAS/ACAS1 Traffic Advisory System with ADS-B in

(GTS 825 upgraded by TAS/TCAS1 Enablement card), GWX70 Weather Radar, GDL 59 WiFi Data

Logger, GRA 550 Radar Altimeter, GRS 7800 AHRS, GDC 74B Air Data Computer. Chartview

Enablement Card, TAWS A enablement card, 200B loader card, SAR Unlock and Video unlock.

(2) A Becker DVCS 6100 audio control system shall be installed as the Primary Audio System with the

Garmin system being the Emergency System meeting the following requirements.

i. The Primary audio system shall be switched out to the Garmin system during emergency operation and be free of distortion, hum, noise, and crosstalk.

ii. All flightdeck and cabin positions shall use the selected (Normal/Emergency) audio system for ICS and to control all transceivers, receivers and other audio.

iii. Three identical ACU6100 audio controllers shall be installed in the aircraft. One for the pilot, One for the copilot and One for the IR operator position. Final locations must be approved by the government.

(3) An MD 302 SAM Electronic Standby Instrument

(4) A TSO-C126 406 MHz ELT ( Artex 1000 with built in GPS receiver )

(5) Three (3) Technisonic TDFM-136B FM Radios to be installed in the console and interfaced into the audio system ( labeled as FM1,FM2,FM3 ).

(6) At the IR Operator’s station on the left side of the cabin a Bose 20 powered connector and general aviation (JJ033, JJ034) receptacles will be installed in close proximity. A Bose 20 powered connector as well as General Aviation (JJ033, JJ034) jacks on the right hand side for the Trainee or Observer’s use will be installed and interfaced to the IR Operators Audio Panel for Intercom use.

(7) All flightdeck and cabin positions shall have ICS for “in aircraft communications” and audio panels for control of all transceivers, receivers and other audio.

i. Warning audio shall be provided to unswitched inputs on all audio panels.

ii. Audio panels must have adjustable back lighted faceplates and easy to read legends.

iii. Communication transceiver selector positions shall be labeled as Com 1, Com 2, FM 1,FM 2, FM

3 as well as their discrete audio selector switches.

iv. Audio panel annunciation must default to full bright when dimmers are off.

v. The system must be compatible with 600 Ohm phones and general aviation high impedance microphones.

vi. Controls for the pilot and copilot are to operate independently for selection and adjustment of headset volume and individual VOX settings for ICS operation.

vii. Auto function for receive audio and transmitter selection pairing must be incorporated in the all audio panels

viii. Each audio controller shall provide the capability to simultaneously select and utilize a different transmitter, as well as monitor any and all radios independent of crew member usage, settings or selections at any other station without bleed over or interference. (separate systems)

ix. Communication audio must be provided to all headset positions.

x. All positions must be capable of ICS Hot mic and VOX

xi. Individual cockpit speakers for the pilot and copilot shall be installed.

xii. Pilot, Copilot, IR Operator and IR trainee or Observer positions shall have Bose Series 20 powered headset connectors installed in proximity with the original general aviation style mic and headset receptacles (JJ033/JJ034).

(8) Oxygen mask microphone switch to incorporate the associated speaker when selected for Oxygen mask operation. Four Mid-Continent Blue Power TA102 dual USB charging ports are to be installed. One on each side of the lower center console and two others in the aft cabin conveniently installed for each of the two IR positions.

(9) Interface existing GDL-69A and DME. Hobbs hour meter to remain but may be relocated in the co-pilot side of the panel. Antennas shall be properly spaced to eliminate interference, crosstalk or open squelch when using any combination of radios. If required, appropriate filtering shall be installed.

(f) Transmit interlock functions will not be used with communications receivers.

(g) All circuit breakers installed shall be new, MIL-Spec, trip-free, and push-pull style. Circuit breaker panel layouts shall be approved by the government prior to installation. Circuit breaker overlay panels will be professionally remarked with proper breaker function.

(h) All instruments shall be internally lit if available. All switches and instruments shall have appropriate lighting for use at night.

(i) All antennas (except Com and Navigation ) shall be new, compatible with their respective systems, rated for this aircraft and installed using industry best practices and bonded without gaskets and using PRC to seal to the skin. Mounting locations for removed antennas not being reused shall be patched, sealed and painted to match the aircraft.

(j) Detailed wiring diagrams and system block diagrams shall be provided for the interface of all equipment installed under this contract. Diagrams shall include wire numbers for ease of identification and troubleshooting.

These diagrams shall match the final aircraft configuration. A custom set of diagrams encompassing the entire installation is required. Generic manufacturer’s drawings are not acceptable. All drawings and configurations shall be aircraft specific.

(k) All wiring shall be marked per AC43.13-1B Par 11-208 with the markings corresponding to the wiring diagrams. Laser wire marking is required. All wiring shall be new and meet manufacturer specifications.

Shielded wire with solder sleeves shall be used for all audio wiring and wherever specified by the system manufacturer. Audio low connections shall use a dedicated conductor and not the wire shield. Audio wires shall have shields grounded at source end only. All shield terminations, splices and terminal blocks shall use MIL-spec environmentally sealed terminations. All coax cables shall be RG-142 or RG-400 unless specific cables are required by the system manufacturer. Coax cables shall be marked at each connector identifying the system and, when applicable, the specific connection (e.g., Com 1, Nav Ant and TCAS J1). All terminal blocks shall be accurately labeled and correspond to the system wiring diagrams.

(l) All wiring shall be installed with adequate service loops to allow equipment to be easily removed and provide connector access for troubleshooting. Equipment installed in the instrument panels shall have connectors that extend at least three inches past the instrument panel without the need to access wire bundles or the area behind the panel. Specific locations may be exempted from this requirement in the instrument panel if wires may interfere with flight controls, but prior government approval is required.

(m) The aircraft shall be weighed after the alteration in accordance with the manufacturer’s instructions and a complete equipment list shall be provided in accordance with Section II-6 (e).

II-5 PARTS AND MATERIAL

(a) All parts and materials used in aircraft maintenance and in the avionics upgrade shall be provided by the

Contractor unless included on the parts inventory attached or included as part of the delivered aircraft. All parts and components, other than Government provided parts, shall be new and shall include manufacturer’s warranty.

(b) Parts, components, and materials utilized shall be approved by the Federal Aviation Administration and/or the

Aircraft Manufacturer. All parts and components shall be accompanied with proper documentation such as FAA

Form 8130-3, manufacturer’s tag, work order or acceptable maintenance release. Documentation shall identify total time in service if a life-limited part and time since overhaul if applicable.

(c) Parts, components, and materials removed from the aircraft and replaced shall remain the property of the

Government until the Contracting Officer authorizes their disposition in writing as an exchange item or scrap in accordance with FAR 52.245-1 Government Property. Items not authorized for disposition will be released to the

Government.

II-6 DELIVERABLES

(a) The Contractor shall create and submit, for Government approval, a Schedule of Completion with milestones and decision points for required government input.

(b) The Contractor shall submit a weekly progress report to the Contracting Officer and the Contracting Officer’s

Representative which details the work completed during the previous week, status of the projects to the approved schedule of completion, updates to the Schedule of Completion, and outlining any concerns about the project.

Progress Reports shall be due Monday mornings prior to 10:00 am MT and shall be based on the prior week’s efforts.

(c) The contractor shall submit, for Government approval, examples of finish and labeling.

(d) The Contractor shall submit drawings for instrument panel layout, circuit breaker layout, annunciator configuration and cabin avionics locations for government approval prior to installation or incorporation.

(e) The following items shall be provided by the contractor no later than the time of final inspection, prior to acceptance of the aircraft. These shall cover all of the installed systems. Documents shall be provided electronically in the format listed and as a paper copy. The contractor shall develop weight and balance and equipment list forms in Excel with the same layout as the original aircraft documents.

(1) A Copy of the STC and other FAA Approval Documents (PDF)

(2) Supporting Engineering Drawings (PDF)

(3) Detailed Wiring Diagrams (PDF)

(4) Aircraft Logbook Entries (PDF)

(5) FAA Form 337s (PDF)

(6) Flight Manual Supplements (PDF)

(7) Instructions for Continued Airworthiness (PDF)

(8) Warranty Information including a list of all installed equipment by model number, manufacturer’s part number and serial number. (PDF)

(9) Electrical Load Analysis (Excel)

(10) Equipment List and Weight and Balance (Excel)

(11) System Configuration Record (Excel)

(12) NOAA TSO c-126 ELT registration

(13) All feature unlock/enable cards provided by the equipment manufacturers.

(f) Documents provided to the Forest Service, including manuals and diagrams, become the property of the

Government and must have no proprietary statements or restrictions for use. Electronic documents shall have no restrictions for copying, printing or extracting pages. Forms required in Excel must have no editing restrictions or password protection.

II-7 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. (APR 1984)

The Contractor shall be required to

(a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed,

(b) prosecute the work diligently, and

(c) complete the entire work ready for use not later than 45 calendar days after receipt of the Notice To Proceed.

The time stated for completion shall include final cleanup of the premises.

(End of Clause)

II-8 INSURANCE REQUIREMENTS

(a) The Contractor shall be liable and responsible for Government property in their possession. At a minimum, the Contractor shall provide insurance coverage of a sufficient amount to cover the replacement cost of the

Government aircraft.

(b) Applicable only if Contractor furnished pilots are utilized. If the Contractor elects to fly the aircraft, the

Contractor shall provide a qualified pilot to perform flights. The Contractor shall indemnify and hold the

Government harmless from any and all losses, including damage to the Government aircraft furnished under this contract while in the possession of the contractor.

II-9 AIRCRAFT INSPECTION

(a) The Contractor shall allow Government personnel access to the facility and/or aircraft during working hours at all times the aircraft is in their possession.

(b) An Aircraft Condition and Inspection Report shall be completed and signed by both the Government and the

Contractor upon initial delivery of the aircraft and upon completion of services prior to acceptance by the

Government. The report shall include a detailed description of the condition of the aircraft at the time of delivery.

The same report shall be used prior to the time the aircraft is tendered for acceptance to the Government to ensure that the Government property provided has been returned. The initial report created when the aircraft is delivered shall be documented in writing and provided to the Contracting Officer within 7 days of delivery of the aircraft.

The final report shall be submitted with the invoice at the time the aircraft is tendered for acceptance.

(c) The aircraft will be inspected by Forest Service Aviation Safety Inspectors and test flown by a Forest Service

Pilot prior to acceptance by the Government.

II-10 TRADE IN EQUIPMENT

(1) Equipment removed from the aircraft remains the property of the government unless agreed to at the time of award or via modification to the contract. There is no guarantee that the government will allow for the contractor to receive a credit for removed equipment, however if approved, all credits will be appied to the upgrade cost for the aircraft from which it was removed. Credit for equipment shall be based on fair market value and will be determined upon project completion.

SECTION III – CONTRACT CLAUSES

III-1 FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS. (MAY 2015)

(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 41 U.S.C. chapter 71, Contract Disputes. 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— System for Award Management, or 52.232-34, Payment by Electronic Funds

Transfer—Other Than System for Award Management), 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 41 U.S.C. 7109, 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. 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. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 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, Compliance with Laws Unique to Government

Contracts, and Unauthorized Obligations 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) System for Award Management (SAM).

(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 SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM 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 SAM database to ensure it is current, accurate and complete. Updating information in the SAM 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 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 SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(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 SAM 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 SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM 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 SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the

System for Award Management (SAM), are incorporated by reference into the contract.

III-2 FAR 52.204-9 PERSONAL IDIENTITY VERIFICATION OF CONTRACTOR PERSONNEL. (JAN 2011)

(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.

https://www.acquisition.gov/

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

III-3 FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS. (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States

Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov .

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov , with a copy to the Contracting Officer, on the product types and dollar value of any

USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between

October 1 and September 30; and

(2) Submit this report not later than—

(i) October 31 of each year during contract performance; and

(ii) At the end of contract performance.

(End of clause)

III-4 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLMENT STATUTES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS. (OCT 2015)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(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:

http://www.biopreferred.gov/ http://www.sam.gov/

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C.

4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010)

(Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31

U.S.C. 6101 note).

___ (5) [Reserved]

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

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

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X_ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB)

Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB

Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.