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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
APHIS-MN-126395
MINNEAPOLIS MN 55401
SUITE410
250 MARQUETTE AVE
USDA APHIS
APHIS-WS-NV-SO-93AG CODE 16. ADMINISTERED BYCODE
X
X
X
481219
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
06/26/2023 1700 CT
06/05/2023
6123363433AMANDA BARBOSA
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
12639523Q0198
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 55OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
Reno NV 89521 8775 Technology Way
USDA, APHIS, WS
Nevada State Office
15. DELIVER TO
MINNEAPOLIS MN 55401
SUITE410
250 MARQUETTE AVE
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$25
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
USDA APHIS
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Tax ID Number: Not Available DUNS Number: Not Available Period of Performance: 09/01/2023 to 08/31/2028
0001 Ordering Period One: Fixed wing Aircraft Services per attached statement of work for the period 09/01/2023-08/31/2024
Period of Performance: 09/01/2023 to 08/31/2024
Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
AMANDA K. BARBOSA
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
0002 Ordering Period One: Per diem if overnight travel is required for the period 09/01/2023-08/31/2024
Period of Performance: 09/01/2023 to 08/31/2024
0003 Ordering Period Two: Fixed wing Aircraft Services per attached statement of work for the period
09/01/2024-08/31/2025
Period of Performance: 09/01/2024 to 08/31/2025
0004 Ordering Period Two: Per diem if overnight travel is required for the period 09/01/2024-08/31/2025
Period of Performance: 09/01/2024 to 08/31/2025
0005 Ordering Period Three: Fixed wing Aircraft
Services per attached statement of work for the period 09/01/2025-08/31/2026
Period of Performance: 09/01/2025 to 08/31/2026
0006 Ordering Period Three: Per diem if overnight travel is required for the period
09/01/2025-08/31/2026
Period of Performance: 09/01/2025 to 08/31/2026
0007 Ordering Period Four: Fixed wing Aircraft
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
552 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 55
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
12639523Q0198
Services per attached statement of work for the period 09/01/2026-08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
0008 Ordering Period Four: Per diem if overnight travel is required for the period
09/01/2026-08/31/2027
Period of Performance: 09/01/2026 to 08/31/2027
0009 Ordering Period Five: Fixed wing Aircraft
Services per attached statement of work for the period 09/01/2027-08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
0010 Ordering Period Five: Per diem if overnight travel is required for the period
09/01/2027-08/31/2028
Period of Performance: 09/01/2027 to 08/31/2028
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
NOTES TO QUOTER:
The Government will award a firm fixed price indefinite delivery indefinite quantity commercial services contract to the responsible quoter whose quotation, conforming to the solicitation, is the Best Value.
Quotes will be evaluated based on best value in accordance with FAR Part 13.
Price shall include all costs necessary to perform the services as described.
All Quotes must be received no later than 1700 CT on June 26, 2023.
In order to be considered for award of this contract the Contractor must submit the following:
• A completed 1449
• Information about your company’s technical capability to meet the requirements of this contract
• Information about your company’s past performance relevant to the requirements of this contract
If a contractor’s quote package doesn’t contain all of the items listed above or isn’t received by the closing date and time listed below, the quote may be considered incomplete for evaluation purposes and no further consideration will be given to the contractor’s quote, thereby making a contractor ineligible for award. Quotations that include additional terms may be excluded from consideration. Alternate Pricing Schedules will not be considered.
Quotes shall be submitted via email to Amanda Barbosa at amanda.barbosa@usda.gov.
All questions shall be submitted via email to Amanda Barbosa at amanda.barbosa@usda.gov
EVALUATION OF QUOTES
The Government will award a firm fixed price indefinite delivery indefinite quantity commercial services contract in accordance with FAR part 13.106 resulting from this solicitation to the responsible contractor whose quote conforming to the solicitation will be most advantageous to the Government, price, past performance, and technical capability considered. Award will be made to the quote determined to be the best value. The USDA’s comparative evaluation of contractor quotes will consider the contractor’s ability to meet the agency’s needs and the contractor’s demonstrated ability to perform the services outlined in the statement of work. The Government does not assume the duty to search for data to cure the problems it finds in the information provided by the Contractor. The burden of providing thorough and complete responses remains with the Contractor.
mailto:amanda.barbosa@usda.gov mailto:amanda.barbosa@usda.gov
Part 1.0 Price Schedule
Item No. Supplies/Services Estimated
Quantity Unit Unit Price
Total Price
Ordering Period One: Fixed wing Aircraft Services per attached statement of work for the period 09/01/2023-08/31/2024
HR
Ordering Period One: Per diem if overnight travel is required for the period 09/01/2023-08/31/2024
Days
Federal per diem will be the location rates of the stay.
NTE
$1,800.00
Ordering Period Two: Fixed wing Aircraft Services
09/01/2024-08/31/2025
Ordering Period Two: Per diem if overnight travel is required for the period 09/01/2024-08/31/2025 diem rates of the location of the stay.
Ordering Period Three: Fixed wing Aircraft Services per attached statement of work for the period 09/01/2025-08/31/2026
Ordering Period Three: Per diem if overnight travel is required for the period 09/01/2025-08/31/2026
Ordering Period Four: Fixed wing Aircraft Services
09/01/2026-08/31/2027
Ordering Period Four: Per diem if overnight travel is required for the period 09/01/2026-08/31/2027
Ordering Period Five: Fixed wing Aircraft Services
09/01/2027-08/31/2028
TOTAL for CLINs: $________________________
SCHEDULE NOTES
1) The quantities as listed in the “Schedule of Items” are estimated requirements for this contract period. The Government estimates, but does not guarantee, the volume of purchases under this contract. The USDA, APHIS attempts to be as accurate as possible when providing estimated quantities, however, actual quantities required may vary from the quantities listed. Other than the minimum contract amount stated in AGAR clause 452.216-73 below, no guarantee is given as to the actual number of hours to be flown during the term of this contract.
2) Line items 1,3,5,7, and 9 are firm fixed price indefinite delivery indefinite quantity. Line items
2,4,6,8, and 10 for travel are reimbursable up to the Not to Exceed amount listed.
3) On rare occasions, if time doesn’t allow the aircraft to return to its designated base of operations, overnight travel may be required to perform the services outlined in the Statement of Work. Travel must be authorized in advance by the Contracting Officer Representative or designated WS representative. If travel is authorized, travel is subject to the limitations established in Federal Travel Regulations (FTR). The Contractor shall be paid for travel expenses based on actual cost but not exceeding the FTR per diem rates. Reimbursement is authorized only for lodging and M&IE per diem. See the below websites for information on the
FTR:
https://www.gsa.gov/portal/ext/public/site/FTR/file/FTRTOC.html/category/21865/hostUri/port al https://www.gsa.gov/portal/content/104877
4) The Department of Labor Service Contract Act applies to this contract so the contractor shall take this into consideration when developing a price quote. The contractor is responsible for obtaining the wage determination applicable to the location of their facility where the services will be performed as well as determining the appropriate labor categories/occupation codes under the applicable wage determination. See section entitled “Wage Determination and Labor Rates” for further information. Please contact the contracting officer if you need assistance.
Ordering Period Five: Per diem if overnight travel is required for the period 09/01/2027-08/31/2028 https://www.gsa.gov/portal/ext/public/site/FTR/file/FTRTOC.html/category/21865/hostUri/portal https://www.gsa.gov/portal/ext/public/site/FTR/file/FTRTOC.html/category/21865/hostUri/portal https://www.gsa.gov/portal/content/104877
PART 2.0 STATEMENT OF WORK
The Contractor shall furnish, operate, and maintain one fixed-wing aircraft and pilot in accordance with the specifications here in for use by the U.S. Department of Agriculture (USDA), Wildlife Services (WS), in support of predator damage management activities the State of Nevada. The likely work areas may include any county in Nevada.
Flights will be required for coyote predation on livestock and/or wildlife, or for disease monitoring, or to remove invasive species. Flights may not be required for extended periods because of lack of predation or inclement weather conditions, but the aircraft must be available to provide services when needed upon 48 hours’ notice.
WS may have interagency and cooperative agreements with other Federal, Tribal, State, and County agencies, and private landholders, and may dispatch aircraft under this contract for such cooperative use.
2.1 AIRCRAFT AND EQUIPMENT SPECIFICATIONS
The aircraft and equipment provided shall be in accordance with the WS Aviation Operations Manual, as well as the specifications herein.
2.2 FIXED WING AIRCRAFT
The aircraft shall be a Piper Super Cub PA-18or Cub Crafters CC18, which has:
1) High wing; two-place, tandem seating; and
2) Conventional landing gear (with tail wheel); and
3) Single-engine, minimum 150 horsepower; and
4) Maneuverable with short takeoff and landing characteristics; and
5) Left side window with a maximum 22 inch opening capable of being locked open in flight to provide adequate angle of fire for the gunner (shooting shall be accomplished from the left side of the aircraft); and
6) Removable rear seat control stick (dual controls shall be removed except during approved training flights); and
7) Adequate protection for control mechanisms (front and rear) and under seat area to prevent foreign objects (ejected shells, etc.), from interfering with control movement;
and
8) Protection for, or removal of, rear seat throttle quadrant, to prevent interference with the operation of the throttle by the gunner or other qualified non-crewmember; and
9) High visibility markings as follows:
a) Outer 4" of face rear side of one blade of propeller; and
b) Forward Leading edge of wing struts and jury strut on shooting side; and
c) High visibility markings should be of a color that shall be visible against the terrain over which the mission is flown. Change of background color during seasonal differences shall be considered. Tape may be used on leading edges of wing struts. Paint shall be used on the propeller.
2.3 MINIMUM EQUIPMENT (Equipment provided by contractor, unless noted otherwise)
1. In addition to the Federal Acquisitions Regulations required equipment for day visual flight rule (VFR) operations, WS flight operations require the following:
a) Dual controls shall be installed for flights flown with the purpose of flight training, check rides and evaluation flights. If a firearm is required for the training, check ride or evaluation by the flight instructor training officer/check airmen may remove the dual controls at his/her discretion; and
b) WS personnel shall not operate an aircraft unless it is equipped with operational intercommunication system including handsets, headsets, microphones, and selector switches. Each aircraft shall provide a means of two-way communication between the pilot and gunner or other qualified non-crewmember that is capable of "hands free" operation; and
c) Lap belt and double strap shoulder restraints with inertial reel shall be present in rear seat for fixed wing or gunner seat for helicopters. Lap belts and shoulder straps shall fasten with one single point/quick release mechanism and
d) FAA approved ELT of the automatic deployable or automatic fixed type meeting the latest technical standard order. The ELT unit shall be attached to the aircraft as far aft as possible in accordance with FARs; and
e) Operational Automated Flight Following equipment approved by the NAC (provided by WS); and
f) An approved fire extinguisher, a first-aid kit meeting ANSI Z308.1 class B, type 4 standards, appropriately sized for a pilot and gunner., and survival kit appropriate for region and environment; and
g) Full electrical system including generator or alternator, battery, and starter (fixed wing); and
h) Engine hour meter, recording in hours and tenths or hours and hundredths and activated by an engine oil pressure switch to record engine running time (fixed wing only); or
i) Flight recording meter reader in hours and tenths activated by an oil pressure switch wired in series with a switch on the collective control or equivalent system to record flight time (rotary wing only); and
j) Very High Frequency (VHF) communications radio and radio capable of communicating with ground crews (provided by Wildlife Services); and
k) Auxiliary cabin heat system; and
l) Cabin air assembly; and
m) Outside air temperature gauge; and
n) Personnel access step for each door if extended height gear is installed; and
o) Heating or deicing equipment for each carburetor or, for a pressure carburetor, an alternate air source
2. Optional Fixed-Wing Equipment - The following equipment is desirable:
a) 82" diameter propeller (PA18 Supplemental Type Certificate 11-SA279AL) or equivalent;
b) Oversize main wheel tires (Tundra tires);
c) Built up cushions for either front or rear seat;
d) Extended landing gear;
e) Extended skylight;
f) Flagger;
g) Ski’s
2.4 CONDITION OF EQUIPMENT
The aircraft must comply with its type design. Any modifications shall have either a Supplemental Type Certificate (STC) approval or a Form 337 approval.
2.5 PILOT REQUIREMENTS
The pilot provided shall be qualified in accordance with the WS Aviation Operations and Training Policies, in addition to the requirements herein.
2.5.1 PILOT QUALIFICATIONS
1. Pilot must be able to be carded by the Wildlife Services Aviation Operations Training Center.
2. Pilot must be able to pass the required background check.
3. Commercial pilot certificate with current class II medical.
4. 1,500 hours total pilot time.
5. 1,200 hours pilot time in command in single engine land (SEL) aircraft.
6. 100 hours pilot in command (PIC) time in the preceding 12 months,
7. 100 hours PIC in the same make and model of aircraft to be used on WS missions.
8. 250 hours flight experience as PIC for wildlife damage management operations or
500 hours flight experience in Wildlife Services type flying.
NOTE: Depending on the total experience level of the pilot, pilots that do not meet the recent short-term flying time requirements, but meet all other requirements, may be granted a waiver by the National Aviation Coordinator.
9. PILOT MINIMUM BACKGROUND INVESTIGATIONS Pass a National
Agency Check with Inquiries (NACI), background investigation as per the Homeland Security Presidential Directive/HSDP-12, issued August 27, 2004. The Contractor shall provide to the Contracting Officer Representative (COR), Contracting Officer, or designated responsible individual, a list of all contractor and subcontractor employees full name, job title, employer (prime or subcontractor), performance period, and information on any standard commercial security or background clearances conducted by the prime or subcontractor, and that contractor employees pass the background check. The Contractor shall also identify those contractor and subcontractor employees requiring routine access to federally controlled facilities and/or federally controlled information systems and/or exceed 180 days (6 months).
All background or security background clearances must be done one (1) week prior to commencing work. Where this is not practical and the prime or subcontractor require intermittent access to federally controlled facilities or are under the 180 day limit, a temporary quest ID badge will be issued and/or such personnel may be under constant supervision and their access to areas or data may be more restricted.
The COR or designated responsible individual will submit the list to the Personnel Security Officer of those contractor or subcontractor employees requiring routine access to federally controlled facilities and/or federally controlled information systems and/or exceed 180 days (6 months). The COR or designated responsible individual will work with HR Classification to determine the level of background investigation for those prime and subcontractor employees consistent with those position sensitivity designations in the Homeland Security Presidential Directive (HSPD) 12. Prime and subcontractor employees identified by HR Classification and coordinated with the Security Personnel Officer to meet this requirement, must complete the appropriate level of government background check; National Agency Check with Inquiries (NACI), Minimum Background Investigation (MBI), or Limited Background Investigation (LBI), and that contractor employees pass the appropriate level of investigation.
The Contractor shall take full responsibility to ensure that prime and subcontractor employees who require routine, long-term (6 months or more) physical access to federally controlled facilities and logical access to federally controlled information systems except for "national security systems" as defined by 44 U.S.C. 3542 (b) (2), or if the nature of the aerial operations being performed by the contractor or subcontractor even if less than 180 days, dictate an elevated background investigation, are required to complete and submit an AD-1197, and HRO Supplement AD-1197 for Contractors Personnel Security Document to the following:
USDA/ APHIS, MRPBS, HRD
Attn: Personnel Security Officer 250 Marquette Ave, Suite 410 Minneapolis, MN 55401
The Personnel Security Staff will validate the level of background investigation required of the employee's position, initiate them into OPM's secure on-line e-QIP portal and will provide further instructions by means of email for completing the electronic questionnaire.”
2.5.2 PILOT AUTHORITY AND RESPONSIBILITY
1. The pilot is responsible for the safe operation of the aircraft and the safety of its occupants and cargo. The pilot may be able to function as a mechanic on his aircraft, as long as both combined duties do not exceed the 8 hour per day limit. Safety requirements, such as preflight, reserve fuel, weight and balance limitations shall be strictly adhered to. The pilot shall refuse any flight or landing which the pilot considers hazardous or unsafe.
2. Pilots must demonstrate the following:
a) Positive flying safety attitudes and habits.
b) Positive attitude regarding requirements and procedures for aerial hunting of predator animals.
c) Emotional stability under the stress of low-level aircraft operations required for aerial hunting.
d) Positive personality characteristics required to work and communicate effectively with field personnel and cooperators.
e) Knowledge of and/or willingness to learn predator habits and how to effectively and efficiently hunt them.
f) Ability to safely identify and maintain effective airborne contact with the target animal.
g) Willingness to work unusual hours and lodge at remote field locations.
3. Pilots shall be limited to flight during daylight hours and under VFR conditions only.
Daylight hours are defined as 30 minutes before official sunrise to 30 minutes after official sunset, or during extended twilight hours when terrain features can be readily distinguishable for a distance of at least one mile.
4. Pilots shall be responsible for reporting daily activities to the WS State Director for the purpose of capturing information for activity data entry into the WS Management Information System or OARS system.
5. Pilots shall insure that crewmembers or passengers use approved PPE provided by
WS as described in C.3.3. below.
2.5.3 PERSONAL PROTECTIVE EQUIPMENT (PPE)
1. The pilot shall provide and wear an aviator’s protective helmet equipped with microphone and headset compatible with radio specifications of this purchase order during all flights. The helmet shall be equipped with a chin strap and shall be individually fitted to cover the head, back of the neck and ears. Flights helmets must be the specification within WS Aviation Safety and Operations Manual.
2. Pilots shall wear long-sleeved flight suit made of fire-resistant polyamide or aramid material or equal. Pilots shall wear leather or polyamide or aramid gloves. Flight suits and gloves will be provided by Wildlife Services. The shirt, trousers, boots and gloves shall overlap to prevent exposure to flash burns.
3. Pilots shall have available personal protective clothing and equipment for personal use in winter weather conditions such as snowshoes, parka or heavy jacket, mitts and sunglasses.
2.6 FLIGHT OPERATIONS
Flight operations will be conducted in strict compliance with the WS Safety and Operations Manual, the WS Aviation Safety Program Policies, the Federal Aviation Regulations, Federal Airborne Hunting Act, and any applicable State and local laws.
2.7 PRE-USE INSPECTION OF EQUIPMENT
1. The Contractor shall make its equipment available for inspection at the designated base of operations or other location acceptable to the Government at a mutually agreed upon time not later than 24 hours prior to the established reporting date. At the time of inspection, the aircraft shall (1) be properly certified and registered by the FAA, and (2) comply with all specifications set forth herein.
2. If the aircraft meets all requirements of the contract, an Aircraft Data Card (APHIS
Form 150) authorizing use of the equipment will be issued by the Contracting Officer or his/her designated representative. The Aircraft Data Card shall be with the aircraft at all times.
2.8 INSPECTION/REINSPECTION EXPENSES
The Contractor will not be charged for the pre-use inspection nor one re-inspection after each 90 calendar days of exclusive use within the contract period. The expense of any other re-inspection required due to either the Contractor’s failure to provide equipment or personnel meeting contract requirements or from substitution of personnel or equipment will be charged to the Contractor.
2.9 INSPECTION OF PERSONNEL
1. Upon request, the Contractor shall promptly submit completed pilot (and mechanic, if applicable) information forms for all personnel that may be utilized under this contract. Information from these forms will be used in evaluating the pilot's and mechanic's qualifications. Only those individuals whose past experience can be verified will be considered for use on this contract.
2. Pilot performance evaluation will be conducted to further verify the pilot's ability to perform on this contract. The aircraft used for this evaluation shall be the same type and model as offered for this contract and will be provided by the Contractor for the evaluation flights at the Contractor's expense. Location of the evaluation flights should include access to terrain similar to that to be flown during the contract period when possible.
3. Location and time of evaluation flights should be the same time as established for aircraft inspection. The determination as to the ability of the pilot, through an evaluation flight, to successfully meet the requirements of this purchase order will rest with Government. Evaluation flights will be conducted at a minimum of once per year.
The Contractor shall report as scheduled on an as-needed basis during the contract period of performance.
2.10 AVAILABILITY OF SERVICE
The aircraft must be ready to perform flight at the designated base as required by the Contracting Officer, COR, or designated WS representative. The schedule of operations will be planned by the Government with the cooperation of the pilot. The Government may or may not order flight on any day during daylight hours, depending upon the necessity of the work and suitability of flying conditions. Daylight hours are defined as between ½ hour before sunrise to ½ hour after sunset.
2.11 RECORDING AND PAYMENT OF SERVICES
1. All services received will be submitted for payment in IPP.
2. Fixed wing flight time begins when the airplane leaves the blocks for the purpose of a directed flight and ends when the aircraft arrives at the destination blocks. Flight time will be recorded in hours and tenths by means of an engine hour recorder activated by an oil pressure switch or recording tachometer.
3. Payment shall be made only for flight time ordered by the Contracting Officer or authorized representative. Payment will be made to the nearest tenth of an hour of actual flight time. No charge will be allowed for taxes from which the USDA is exempt.
2.12 ACCIDENT REPORTING AND INVESTIGATION
1. In the event of an incident or accident involving the aircraft, the pilot, if able, shall notify the WS supervisor and the National Aviation Coordinator (NAC) as soon as practical. A WS Aviation Incident Report (AIR) shall be submitted to the NAC.
Other reporting provisions provided in the WS Aviation Safety Manual will submitted in a timely manner.
2. The Contractor shall maintain an accurate record of all aircraft accidents, incidents and injuries to Contractor or Government personnel arising in the course of performance under this purchase order and shall immediately notify the Contracting Officer of all such accidents, incidents or injuries. The Contractor shall not permit removal or alteration of the aircraft following an accident until authorized by the Contracting Officer except in emergencies such as threat to life or property, blocking airport runways, etc. The Contractor shall make available his personnel, records, and any equipment, damaged or undamaged, deemed necessary by the Accident Investigation Board to determine accident cause factors.
3. The Government will be responsible for any costs involved in disassembly of any aircraft, aircraft engine, propeller, rotor assembly or appliance necessary to determine probable accident or incident cause.
2.13 ACCIDENT RESCUE AND SALVAGE RESPONSIBILITIES
1. The Contractor will be responsible for rescue operations of the Government and Contractors' personnel employed under this contract.
2. Salvage of damaged or demolished aircraft will be done at the Contractor’s expense.
No equipment or personnel performing under this contract may be used on such operations unless authorized by the Government.
3. When search for and rescue of Government and Contractor’s personnel or repair of aircraft which are out of commission (either at the base camp or in the field) is made necessary by the failure of the Contractor’s equipment or accidents caused by his employees, the cost of such search, rescue and repairs is solely the responsibility of the Contractor.
2.14 LIABILITIES OF THE CONTRACTOR AND THE GOVERNMENT
1. The Government will not assume any responsibility for loss or damage to equipment owned or operated by the Contractor, his agents, employees or sub-contractors. The Government will not assume any responsibility for injury or death of the Contractor, his agents, employees or sub-contractors, caused during the performance of the contract. The Contractor will be responsible for the intentional negligent and wrongful acts or omissions of the Contractor, his agents, employees or sub-contractors and employees and agents of the sub-contractors incidental to the performance of this contract.
2. The Contractor will hold and save the Government, its officers and employees harmless from all liability for any death or damage to all persons, (other than the liability of the Government to USDA employees as provided for under the Federal Employees Compensation Act) real property or personal property which results from the operation of, or incident to, equipment furnished by the Purchase order, or otherwise incidental to performance of the agreement. However, the Contractor will not be responsible for any intentional negligent or wrongful acts of omissions of the US Department of Agriculture employees.
3. During the period of performance of the contract, certain Government owned equipment may be assigned to the Contractor, e.g. SpiderX Aircraft Flight Following device, air to ground radio, and flight suit. If the equipment is lost, damaged or totally destroyed as a result of the Contractor’s negligence, or as a result of any accident, the fair market value of the equipment will be charged to the Contractor and withheld from payments due under this contract
2.15 MAINTENANCE REQUIREMENTS
1. The aircraft shall be fully maintained by the Contractor. If maintenance is required at locations other than the Contractor’s home base, the Contractor shall provide appropriate maintenance support, equipment and personnel necessary to repair the aircraft. Transportation of maintenance personnel and equipment shall be provided by the Contractor at no additional cost to the Government.
2. Aircraft shall be operated and maintained in accordance with all manufacturer requirements and applicable Federal Aviation Regulations and WS Aviation Safety and operations Manual.
3. All applicable manufacturer’s mandatory bulletins and FAA Airworthiness Directives and WS maintenance advisory’s and alerts shall be complied with prior to performance of this contract. Bulletins or Airworthiness Directives published during the contract shall be complied with in accordance with the individual bulletin or directive.
4. All maintenance deficiencies existing prior to the contract shall be corrected before the starting date of the contract. Those deficiencies occurring during the contract shall be corrected during normal scheduled maintenance.
5. The Contractor shall assure that all maintenance performed on contract aircraft is recorded in the affected aircraft’s maintenance record in accordance with FAR 43, 91, and 135 as applicable. In addition to aircraft time-in-service, the hour meter reading shall be recorded for all maintenance record entries.
6. A separate list of FAA Airworthiness Directives and Manufacturer’s Mandatory
Service Bulletins and WS Maintenance Alerts and Advisories on the make and model of aircraft offered will be made available, recording whether applicable or not and if applicable the date and airframe total time at compliance, method of compliance, next compliance due date if recurring, and authorized signature and number. List will be similar to that shown in Advisory Circular 43-9A, Appendix 3.
7. The Contractor shall supply at the time of the initial agency inspection a list of all items installed on the aircraft which are required to be overhauled or replaced must be done in accordance with the manufacture’s recommendations. This list shall include the component names, serial numbers, service life (or inspection/overhaul time), total time since major inspection.
8. Aircraft shall have a current weight and balance that will be updated after any major repair or alteration or applicable change to the equipment list.
9. The aircraft’s static system, transponder and encoding altimeters system shall be maintained in accordance with the requirements of FAR 91.215.
2.15.1 FUEL, OIL AND LUBRICANTS
1. All fuel, replacement oil, and lubricants required for the aircraft during the effective period of the contract shall be furnished by the Contractor.
2. All fuel used by aircraft shall be approved for use by the engine manufacturer and shall be a petroleum product designed for use in aircraft.
3. Fuels shall be manufactured, transported, stored and dispensed in strict accordance with procedures formulated for aviation fuel standards. Fuels, lubricating oils and hydraulic fluids used to maintain the aircraft shall be supplied by the contractor.
Maintenance of fuel storage and fueling facilities is the Contractor’s responsibility.
2.16 SUBSTITUTION OF AIRCRAFT
The Contractor may substitute aircraft during performance of the contract, provided such substitution meets all requirements herein and is approved in writing by the WS National Aviation Coordinator, Contracting Officer, and subject to inspections by ATOC Aviation Safety Inspector. Request for substitution shall be made at least 10 days prior to exchange except for unforeseen conditions. Transportation of aircraft to point of use will be at the Contractor’s expense.
2.17 TASK ORDERS
Funding will be obligated on the contract via a task order. Funding will be provided as a fixed amount for the flying services but will be provided in a bulk not to exceed amount for hourly flying services.
The Contracting Officer may provide funding under this contract obligating funds for the procurement of flying hours prior to the Government needing delivery of said ordered quantities.
The COR or designated WS person will be allowed to coordinate services and schedule specific performance dates and quantities up to, but not exceeding, the total quantity authorized by the Contracting Officer.
The contractor will be required to inform the APHIS Contracting Officer when the task order reaches 80% of the total bulk quantities.
2.18 WAGE DETERMINATION AND LABOR RATES
The Department of Labor Service Contract Act applies to this contract. The contractor shall be responsible for obtaining the wage determination applicable to the location of their facility where the services will be performed as well as determining the appropriate labor categories/occupation codes under the applicable wage determination. Task orders may specify the applicable wage determination for the ordering period.
The applicable Service Contract Act Wage Determination can be obtained from the Department of Labor website at http://www.wdol.gov/. Please contact the contracting officer if you need assistance in obtaining the wage determination.
http://www.wdol.gov/
PART 3.0 – CLAUSES AND PROVISIONS
1.0 CONTRACT CLAUSES
1.1 Contract Clauses Incorporated by Reference
52.204-13 System for Award Management Maintenance (Oct 2018)
52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)
52.212-4 -- Contract Terms and Conditions -- Commercial Items. (Dec 2022)
52.232‐40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)
1.2 Contract Clauses Incorporated by Full Text
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/
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).
https://www.acquisition.gov/ https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10
(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:
[Contracting Officer check as appropriate.]
__ (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].
__ (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).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).
__ (10) [Reserved].
https://www.acquisition.gov/far/52.232-40#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim
__ (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.
__ (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.
__ (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 (MAT 2023)( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_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.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
_X_ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (JUL 2014) of 52.222-35.
_X_ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (JUL 2014) of 52.222-36.
_X_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
_X_ (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
_X_ (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in
FAR 22.1803.)
https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803
__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)).
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