B08_SOL_Terms_and_Conditions_UAS_CWN_FINAL_5_5_2023.docx

Table of Contents

SECTION A - REQUIREMENTS AND PRICES

SECTION A – REQUIREMENTS AND PRICES

CONTRACT ACRONYMS

AV Daily Availability

UASD Unmanned Aircraft System Data Specialist

SCHEDULE OF SUPPLIES/SERVICES

The intent of the Government in this solicitation is to award a multiple, indefinite delivery – indefinite quantity (IDIQ) contract for On Call (OC)/Call When Needed (CWN) Unmanned Aircraft Systems (UAS) services to support wildland fire operations, search and rescue (SAR), emergency management, and other resource missions. Each aircraft will be fully contractor-operated and maintained. Contractor services include provision of the required UAS, personnel, and all other associated equipment to perform the required services as prescribed in this solicitation (See Bl.1.) The IDIQ contract has a three-year ordering period and will be procured in accordance with Federal Acquisition Regulation (FAR) Subpart 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services. The maximum Ceiling value is $7,200,000.00 over the life of the IDIQ contract. However, the Minimum Guarantee Amount for each IDIQ contract is limited to $550.00.

A1- Item Requirement

ITEM DESCRIPTION

1. Base of Operation: Multiple locations throughout the lower 48 States. All equipment, facilities, and personnel required under this contract shall be delivered to and removed from the Designated Base location(s) identified on each issued task order.

Aircraft Requirement: One Fixed, Assisted Launch/Landing or VTOL unmanned aircraft system equipped as specified in Section B, Table 1. (See Notes Below)

Sensor Requirement: One stabilized dual sensor (EO and IR) gimbal equipped as specified in Section B

Note 1. According to the Federal Aviation Administration (FAA), “an unmanned aircraft system (UAS) … is an aircraft without a human pilot onboard – instead, the UAS is controlled from an operator on the ground.” 14 CFR 1.1 defines “aircraft” as a device that is used or intended to be used for flight in the air.

Note 2. Must have or be capable of obtaining a DOI Aircraft and Flight Crew Authorization Per. DOI Operational Procedures Memorandum 11. https://www.doi.gov/sites/doi.gov/files/opm-11.pdf

Note 3. Aircraft and pilots must demonstrate compliance with applicable sections of Title 14 CFR Part 107 to operate in the National Airspace System (NAS). The FAA retains the authority to approve UAS operations within the NAS in Class A, B, C, D, E and G airspace. Pilots will be approved by the DOI Office of Aviation Services.

Unit prices for daily availability will be in whole dollars and will be the maximum allowable daily availability rates utilized in task orders over the life of the IDIQ contract; however, IDIQ awardees may discount these unit prices on task orders. The Schedule of Items pricing pages included in this document and that are awarded will be made a part of subsequent individual conformed contracts, to include the UAS make and model, and gimbal make and model specified. If any of these unit prices are adjusted during the life of the contract, they will be adjusted to a whole dollar as follows: amounts of 50 cents or less will be rounded down and amounts of 51 cents or more will be rounded up.

A2 - Item 1. Pricing– Lower 48 States Daily Availability (Complete a new pricing page for each aircraft)

OFFEROR NAME

UAS FOR THIS

PRICING SCHEDULE

Make/Model/Series/

FAA Registration #

Gimbal Make/Model

STATE:

(Pricing in Whole Dollars Only)

1A Ordering Year 1 06/15/2023 – 06/14/2024

1B Ordering Year 2 06/15/2024 – 06/14/2025

1C Ordering Year 3 06/15/2025 – 06/14/2026

Total Price of Ordering Years (1, 2 & 3) to be used for evaluation purposes only:

A2 -Item 2. Additional Pay Items Schedule (Other Direct Costs)

M&IE authorized daily per diem rate (See C20.2.1)

6000 lbs. or less. (auto)

6001 to 10,000 lbs. usually 4 wheels

SV2

10,001 to 14,000 lbs. usually 6 wheels

Greater than 14,000 lbs.

Note 1: The Government makes no guarantee of aircraft use and therefore no guarantee of Contractor earnings under an awarded contract. The Minimum Guarantee under the contract, as required by Federal Acquisition Regulation (FAR) Clause 52.216-22, is $500.00 towards the first order. Task orders will be issued upon award of IDIQ; however, if no order is made by the end of the third ordering year then the guarantee can be submitted through the Invoice Processing Platform (IPP) and paid.

Note 2: The Government reserves the right and expects restructuring and or renumbering of the Schedule of Items item numbers. The restructuring will not change pricing but may impact the items and/or sub-items numbering as reflected in this document.

Note 3: The Schedule of Items pricing pages included in this document and that are awarded will be made a part of subsequent individual conformed contracts, to include the UAS make and model, and gimbal make and model specified.

SECTION B – TECHNICAL SPECIFICATIONS

GENERAL REQUIREMENTS

For clarity, all references to the Federal Aviation Regulation (FAR (14 CFR)) in this requirement will be by reference to Title 14, CFR and abbreviated with the acronym “14 CFR”. All references to the Federal Acquisition Regulation will be abbreviated with the acronym “FAR”. When the requirements exceed the minimum requirements of 14 CFR, this Statement of Work (SOW) takes precedence. Definitions contained in 14 CFR Part 1 apply to all situations and conditions related to flight operations, aircraft maintenance, and flight crew certifications and qualifications, except as noted or defined otherwise herein.

B1 Scope of Contract

B1.1 The purpose of this contract is to obtain fully contractor-operated and maintained On Call (OC)/Call When Needed (CWN) Unmanned Aircraft Systems (UAS) to support wildland fire operations, Search and Rescue (SAR), emergency management and other resource missions in the Contiguous 48 States. Contractor services include provisions of a minimum of two complete UAS, necessary spare parts, personnel, servicing vehicles, fuel, and all other associated equipment, as prescribed in this solicitation and/or offered by the Contractor and accepted by the government. The Government will direct aircraft to support its missions and objectives.

B1.2 The Department of the Interior (DOI), wishes to collaborate with vendors to develop a safe, effective, and efficient concept of operations which will support both incident and resource management objectives within the Department, U.S. Forest Service and partner agencies. Contractor provided UAS services will potentially augment and support current incident management and remote sensing programs.

B1.2.1 UAS will supplement the manned fleet by providing the capability to operate during dense smoke/inversion situations. Infrared/thermal camera technology will be utilized to penetrate smoke and gather/disseminate information to increase strategic and tactical situational awareness

B1.3 The primary use of this UAS is to support wildland fire operations and planning personnel by providing:

B1.3.1 Strategic Situational Awareness:

B1.3.1.1 Pre-planned reconnaissance missions to determine general incident characteristics. Command/Overhead personnel will have the ability to view a live feed at the Incident Command Post (ICP) or other known location.

B1.3.1.2 Pre-planned data collection missions to provide near real-time data utilized by qualified personnel to develop incident planning products.

B1.3.2 Tactical Situational Awareness:

B1.3.2.1 Aircraft will be over the incident day or night and provide real-time information to firefighting personnel.

B1.3.2.2 Aircraft will be available for unplanned sensor tasking to a specific location on the incident to support tactical decision making by firefighting personnel.

B1.4 Secondary uses will support Burned Area Emergency Response (BAER) and miscellaneous Bureau resource program objectives. The vendor will be expected to mobilize to remote areas around the country and provide aircraft and data support to Incident Management Teams (IMT).

B1.5 The vendor will provide UAS services and data which will be utilized by qualified incident personnel to complete/provide the following missions/products:

B1.5.1 Aerial reconnaissance in the form of electro-optical (EO, daylight) and infrared (IR) video (day/night/inversion).

B1.5.2 Geo referenced still images of points of interest with coordinates displayed in degrees and decimal minutes (DDD MM.MM)

B1.5.3 Live video display to ground terminals or web based streaming video.

B1.5.4 The ability to task the UAS sensors based on incident priorities.

B1.5.5 Provide telemetry data which can be used to plot points, lines, and polygons.

B1.5.6 Coordination with aviation resources to ensure aircraft separation.

B1.5.7 Coordination with ground personnel to ensure timely delivery of requested products.

B1.6 The Contractor shall be responsible for UAS mission execution to include but not limited to transportation, system set-up for mission execution, storage, and tear down at the operational site.

B1.7 For each mission, the Contactor shall provide the Government a single point of contact (POC) that shall be responsible for coordinating operations with the Government Flight Representative (GFR)/UAS Manager (UASM) and this POC shall be technically and administratively authorized to determine the safe integration of operations with the UAS.

B1.8 The Contractor shall be available for flight operations 14 hours a day for all calendar days as required per task orders. It may be necessary that missions occasionally include weekends and holidays.

B1.9 Upon mutual agreement between the Government and the Contractor by modification to the task order, the period of performance may be extended beyond the originally scheduled end date to accommodate weather delays, additional requirements, and other unforeseen circumstances. All event duration extensions shall be considered "in scope" and will be billed in accordance with the contract. Any changes to the period of performance must be approved by the CO.

B1.10 The Government reserves the right to order demobilization of UAS and require Contractor personnel to return to designated task ordered departure location when extended periods of non-flight operations occur.

B2 Equipment Requirements

The Contractor-furnished aircraft, support vehicle, and all other equipment must be operable, free of damage, and in good repair. Aircraft must be airworthy and systems and components must be in working order.

B2.1 Flight Performance

B2.1.1 The Contractor shall provide a fixed wing, assisted launch/landing or VTOL UAS, necessary spare parts, certified UAS pilots and maintainers, and the equipment and materials to support mission requirements. All aircraft and personnel will be authorized as per DOI OPM-11 and UAS pilots must be approved and provide documentation for operation of the same offered aircraft by the Federal Aviation Administration (FAA) in the National Airspace (NAS). At a minimum, the pilots must possess an FAA remote pilot certificate and OAS Interagency Fire Remote Pilot Card.

B2.1.1.1 The UAS shall be capable of flying 12,000’ Density Altitude (DA) (8,500’ Launch site DA for VTOL at max payload).

B2.1.1.2 The UAS shall be capable of 12 hours of continuous flight and have sufficient fuel/batteries to last a 16-hour shift.

B2.1.1.3 The UAS shall be capable of takeoff and landings with winds at 20 knots. The UAS shall be capable of operating in sustained winds of 25 knots.

B2.1.1.4 The UAS shall be capable of day and night operations The UAS must be equipped with lighted anti-collision lighting visible from a distance of no less than 3 statute miles. The intensity of the anti-collision lighting may be reduced if, because of operating conditions, it would be in the interest of safety to do so. Additionally, in order to comply with § 91.209, the aircraft must have position lighting that enables determination of location altitude, attitude, and direction of flight.

B2.1.1.5 The Contractor shall operate the UAS within boundaries of the designated airspace.

B2.2 Command and Control

B2.2.1 The Ground Control Station (GCS) will display aircraft location in latitude and longitude, degrees, decimal minutes (DDD MM.MM)

B2.2.2 The GCS will display aircraft altitude in feet above mean sea level (MSL).

B2.2.3 The GCS will have an altimeter that can be calibrated via barometric pressure (altimeter setting) in inches of mercury (inHG).

B2.2.4 The UAS shall be capable of flying a minimum of 5 nautical miles to mission location as required by the UAS Manager.

B2.2.5 The UAS shall be capable of communicating with a Secure digital data uplink frequency, hopping link at 2.4, 5.8, or 900 MHz ISM band or proprietary spectrum withWPA2 or 128, 192, or 256 bit AES encryption (FIPS compliant).

B2.2.6 The UAS shall be capable of communicating with a Secure digital data downlink frequency hopping link at 2.4, 5.8, or 900 MHz ISM band or proprietary spectrum with WPA2 or 128, 192, or 256 bit AES encryption (FIPS compliant).

B2.2.7 The UAS shall possess autonomous Loss of Link (LOL) capability to return to a designated location and terminate the flight.

B2.2.8 The UAS shall be equipped with programmable mode C transponder.

B2.2.9 The UAS ground station shall be equipped with programmable VHF AM and VHF FM radios (FCC compliant) capable of communicating to incident ground and aviation resources.

B2.2.10 The UAS operations shall be compliant with DOI, FAA policy (COA, ECOA, MOA, etc.), and Executive Order 13981.

B2.2.11 The Contractor’s payload operator shall have sufficient experience, as a minimum, 25 logged flight hours of the offered UAS make, model, and GCS, to include monitor payload on targets as requested and manipulate zoom/focus/EO/IR to a Government approved best picture available.

B2.2.12 The UAS pilot shall be capable of immediately responding to system malfunctions and emergencies to ensure safe operations.

B2.2.13 The GCS shall connect to a 50” monitor displaying live payload video feed and contextual map (fire operations/aviation planning) at ground station location.

B2.3 Payload

B2.3.1 The UAS shall have stabilized gimbal dual (EO/IR) Long Wave IR (LWIR) with 640 x 480 resolution.

B2.3.2 The UAS shall have the ability to lock gimbal on stationary point of interest (POI).

B2.3.3 The Contractor shall direct in-flight re-tasking and control payload sensors as directed by mission profiles provided by the Government via AM/FM radio to ground station.

B2.3.4 The Contractor shall be capable of responding to unplanned payload tasking within 30 minutes of request.

B2.4 Data Standards

B2.4.1 The contractor shall provide Motion Imagery Standards Board (MISB) compliant video for both EO and IR.

B2.4.2 The sensors shall be capable of capturing still EO and IR images with geo tagging (lat/lon, DDD MM.MM).

B2.4.3 The sensors shall be capable of mapping a fire perimeter using the target cursor in either EO or IR. Cursor coordinates (lat/lon with a desired horizontal accuracy of approximately 100’) will be placed along the fire perimeter, saved, and exported as a KML, SHP or other compatible file format.

B2.4.4 All payload data acquired is property of the Government and must be stored in accordance with government policy.

B3 Security of Aircraft and Equipment

The Contractor will be responsible at all times for the security of their contract aircraft, vehicles, and associated equipment.

B3.1 Physical Security. Any aircraft used under this contract must be physically secured and disabled whenever the aircraft is unattended. Any anti-theft devices designed to lock aircraft flight control surfaces when not in use, or designed to secure an aircraft, is acceptable, provided they are appropriate for the aircraft. Operational environments and personnel safety must be considered when selecting the locking devices and methods to be used.

B3.2 Removal and/or disabling of locking devices and methods must be incorporated into preflight checklists to prevent accidental damage to the aircraft. The devices must be installed in a manner which precludes their inadvertent interference with in-flight operations.

B4 Order of Precedence (Specifications)

In the event of inconsistencies within the technical specification, the following order will be used in such resolution: (1) Typed provisions of these specifications; (2) agency supplements and/or exhibits incorporated by reference; (3) 14 CFR incorporated by reference; (4) aircraft manufacturer's specifications; and (5) other documents incorporated by reference.

B5 Maintenance

B5.1 All maintenance, including inspection, rebuilding, alteration, and installation must be accomplished by a person authorized to perform maintenance by the manufacturer.

B5.1.2 The UASM must be notified of any alterations made to aircraft.

B5.2 Routine/preventive maintenance must be performed before or after the Government’s scheduled daily use period or as approved by the COR.

B5.3 The vendor shall produce and maintain a list of aircraft components which can be replaced in the field. Replacement of components NOT on the list will require consultation with a designated OAS inspector.

B6 Maintenance Test Flights

B6.1 The Contractor must, at their own expense, perform a functional maintenance check flight following installation, overhaul, major repair, or replacement of any engine, power train, rotor system, flight control system, or when requested by the CO or COR. This must be accomplished before the aircraft resumes service under the contract.

B6.2 The Contractor must immediately notify the COR and COTR of any change to any engine, power train, flight control or major airframe component or of any major repair following an incident or accident and must describe the circumstances involved.

B7 Reserved

B8 Management

The Contractor’s management policy and procedures shall ensure that contract execution and quality control is effective and in continuous compliance with all contractual requirements.

B9 Policy and Procedures

The Contractor shall provide notification to UASM and COR of any updates/changes made to the Contractor’s policies and procedures that will include anything that effect airworthiness.

B10 Personnel Requirements

B10.1 The Contractor shall provide an UAS and UAS pilots to perform all efforts necessary to execute missions per task order. All Contractor personnel shall comply with local laws, policies, and regulations while supporting any missions ordered under this contract.

B10.2 The Government will assist the Contractor with acquiring personnel passes, identification cards, and vehicle permits if and when required for the performance of this contract.

B10.3 The Contractor personnel operating the UAS shall attend mission briefings as required by the Government and complete any training required by the Government to operate within designated airspace or operate contractor vehicles within restricted areas.

B11 Flight Crewmembers Duty and Flight Limitations

Assigned duty of any kind must not exceed 14 hours in any 24-hour period. “Duty” includes flight time, ground duty of any kind, and standby. Local travel up to a maximum of 30 minutes each way between the worksite and place of lodging will not be considered duty time. Flight crewmembers will be subject to the following duty hour limitations:

B11.1 A maximum of 14 consecutive duty hours during any assigned duty period.

B11.1.1 The pilot must be given 2 calendar days of rest (off duty) within any 14 consecutive calendar days.

B11.1.2 The pilot must be given a minimum of 8 consecutive hours of rest (off duty) prior to any assigned duty period.

B11.1.3 Regardless of the above limits, pilots are expected to notify the government if they become fatigued prior to reaching the duty day limit.

B11.2 Flight Limitations.

B11.2.1 Flight crewmembers will be limited to the following flight hour limitations, which must fall within their duty hour limitations:

B11.2.2 A maximum of 8 hours flight time per pilot during any assigned duty period.

B11.2.3 A maximum of 42 hours flight time during any consecutive 6-day period. When a pilot acquires 36 or more flight hours in a consecutive 6-day period, the pilot will be given the following 1 calendar day off duty for rest, after which a new 6-day cycle will begin.

B12 Contracts and Task Orders

B12.1 The Contractor must maintain a complete, current copy of the contract, modifications, and task orders (if applicable) with each contract aircraft throughout the performance period.

B13 Inspection and Scheduling Process

B13.1 After contract award, the COTR will schedule a date to inspect the Contractor's proposed aircraft, equipment and personnel to ensure contract compliance. The inspection will be conducted at the designated base, Contractor's facility or other location acceptable to the Government and the contractor. The inspection will be scheduled no later than 30 calendar days after award and will be scheduled for between 0730 and 1630 local time, Monday through Friday, unless otherwise agreed upon by the COTR. The COTR will confirm the inspection details in writing. Contractor written requests for inspection rescheduling that are received by the COTR at least 10 calendar days prior to the originally scheduled inspection date may be accommodated by the COTR, depending upon their work schedule.

B13.1.1 The Contractor must provide information specific to the aircraft, equipment, and personnel being proposed for use during each year of the contract when requested by the COTR.

B13.1.2 The Contractor must notify the CO, the COR, and the COTR when an action has been imposed by the FAA on the pilot or on any pilot or aircraft carded under this contract.

B13.1.3 Inspected and approved aircraft and pilots will be issued an Interagency Aircraft Data Card and Pilot Qualification card, as applicable. The aircraft and pilot cards detail the activities for which they are authorized.

B13.1.4 The aircraft and pilot data cards shall be kept with the pilots and available for inspection at all times.

B13.1.5 If the COTR determines any aircraft, equipment, personnel, records, or documents presented for inspection are not completely ready for the inspection or are determined to be nonconforming as required by the contract, the COTR may suspend the inspection(s) and schedule a reinspection for another time/date/site. The Contractor may be charged for the cost of reinspection.

B13.1.6. Failure to have an aircraft and pilot approved for the contract that is not a result of Government delays, or failure to have an aircraft available throughout the life of the contract as originally awarded may result in exclusion from order consideration, removal from the master on-call UAS listing, and /or termination of contract.

B13.2 Equipment

B13.2.1 The aircraft will be inspected to ensure compliance with all contract requirements. The Government may require in-flight dynamic testing of aircraft systems. This testing may be conducted in conjunction with pilot evaluation flight(s), and will be performed at no cost to the Government.

B13.2.2 The offeror must provide a copy of FAA Airworthiness Certificates or DOD, or NASA flight release prior to inspection. Offerors without the above certificates or releases will be required to participate in the OAS airworthiness review process at their expense.

B13.2.3 Other equipment will be inspected to ensure contract compliance.

B13.3 Personnel

B13.3.1 Contractor(s) must attend 8 hours of incident and aviation operations orientation/training virtually. All cost associated with attendance at this training is the responsibility of the contractor.

B13.3.2 Pilots. Only those UAS pilots who are carded FAA Part 107 will be able to perform under this contract.

B13.3.3 The COTR’s representative may conduct a pilot flight evaluation to further verify pilot(s)' ability to perform under this contract, when determined necessary. A pilot must also be capable of demonstrating proficient operation of all aircraft equipment identified in Section B during an evaluation flight.

B13.3.4 The aircraft used for the flight evaluation(s) must be the same make, model and series awarded for this contract. Flight evaluations are conducted at the Contractor’s expense.

B13.3.5 During the flight evaluation, pilot inspectors retain discretionary authority in determining the competency of the pilot. The Government will make the final determination as to the pilot’s ability to successfully meet contract requirements. The Government has the right to conduct interim evaluations of pilot performance throughout the performance period(s).

B13.3.6. Onboarding of New Pilots. Chief pilot has the authority to identify internal pilots as qualified or trainee on the UAS offered based on the specifications in this contract.

B13.4 Substitute Personnel, Aircraft, or Equipment

B13.4.1 The contractor may request the use of substitute personnel, aircraft, or equipment that was not initially approved for use. All proposed substitutes must meet contract specifications and be subject to inspections and approvals identified herein prior to use. The contractor must submit a written request for substitutes to the CO.

B13.4.2 The Contractor must transport substitute personnel, aircraft, or equipment to the point of use at their expense.

B13.5 Re-inspection Expenses

B13.5.1 The Contractor must be liable for all Government incurred re-inspection costs. Inspection expenses will not be deducted from payments due the Contractor. Contractor will be responsible to make payment as directed in writing by the CO.

B13.5.2 Costs may include, but are not limited to, inspector(s)’ time to include travel time at $75.00 per hour, and transportation and subsistence at actual cost.

B14 Contractor Personnel Security Requirements

B14.1 It has been determined that Contractor personnel utilized in the support of this contract will not be allowed routine and regular unsupervised access to a federally controlled facility for more than 180 days, nor will they need unsupervised access to a Federally controlled Level 3 or 4 information system.

B14.2 Contractor employees utilized in support of this contract will be treated as visitors (un-credentialed Contractor) and not be required to receive background investigations and credentialing. However, un-credentialed Contractors may be subject to the screening processes utilized at each federally controlled facility where the Contractor services are required. As a minimum, Contractor employees will be issued a temporary/visitor badge and shall display it at all times during contract performance when accessing a federally controlled facility. The COR is responsible for ensuring that all Contractor employees are issued a temporary/visitor badge.

B15 Property and Personal Damage

B15.1 The Contractor shall use every precaution necessary to prevent damage to public and private property.

B15.2 The Contractor shall be responsible for all damage to property and to persons, including third parties that occur as a result of his or his agents or employee's fault, negligence or equipment failure. The term "third parties" is construed to include employees of the Government.

B15.3 The Contractor shall procure and maintain during the term of this contract, and any extension thereof, aircraft public liability insurance in accordance with 14 CFR 298. The parties named insured under the policy or policies shall be the Contractor and The United States of America.

B15.4 The Contractor may be otherwise insured by a combination of primary and excess policies. Such policies must have combined coverage equal to or greater than the combined minimums required.

B15.5 The Contractor, prior to the commencement of work, shall submit to the Contracting Officer one copy of the insurance policy, or confirmation from the insurance company, certifying that the coverage described in this clause has been obtained.

B16 Contractor’s Environmental Responsibilities

B16.1 The Contractor is responsible to ensure that all maintenance, fueling, and flight activities do not cause environmental damage to property or facilities. The Contractor is responsible to clean and rehabilitate areas adversely affected by Contractor activities and shall, whenever practical and possible, utilize solvents and cleaning agents that are either biodegradable or consistent with acceptable safety, health and environmental concern practices.

B16.1.2 The Contractor is responsible for handling and clean-up of fuel, oil, and retardant contamination on airport ramps, retardant sites, parking areas, landing areas, etc., when caused by Contractor aircraft or personnel. In the event of a spill of either fuel, oil or fire chemicals the contractor shall notify the SEAT manger or Airtanker base manager immediately. The contractor must detail to the government what actions are or will be taken to stop the spill and what actions the contractor is going to take to clean up the spill and rehabilitate the area. Additionally, any cost to the Government as a result of the spill by either contractor aircraft or personnel may be charged to the Contractor and deducted from payments due.

B16.1.3 The Government may assign an area to be utilized by the Contractor for storage of equipment used in support of Contract performance. Oil, solvents, parts, engines, etc. shall be stored and utilized in a manner consistent with acceptable safety, health and environmental concerns.

B16.1.4 The Contractor shall immediately report any spill of fuel, hazardous chemical, regulated waste, or hazardous substance to the CO and spill-reporting authority.

B16.1.5 The Contractor is responsible for aircraft wash down at airtanker base facilities as needed. Potable and nonpotable water will be available at Government airtanker base facilities for contractor’s use.

B17 Data Rights

B17.1 The Government has unlimited rights to all documents/material produced under this contract to the extent permitted by the data rights clauses. The parties mutually acknowledge their understanding that this is the Government’s intent. All documents and materials, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

B17.2. Contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorized government personnel or upon written approval of the CO. The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

SECTION B – TECHNICAL SPECIFICATIONS

EXHIBIT 1

Table 1: All minimum specifications identified in Table 1 are the mandatory requirements for the UAS. Meeting exceeded specifications in Table 1 are of benefit to the Government and are desired but not required for award.

Flight Performance

15,000’ DA.

Command and Control

TCAS

TCAS unit at ground station.

Ground Terminal

Payload

Data Standards

Time Requirements

Miscellaneous

SECTION C – CONTRACT TERMS AND CONDITIONS

CONTRACT CLAUSES

All Offerors must comply with the following FAR, DIAR, and AQD provisions and clauses which apply to this acquisition:

FAR 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): https://www.acquisition.gov/

Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Mar 2023)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 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 products and commercial services:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 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 (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (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. (Nov 2021) ( 31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

_X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

_X_ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.