B3 FBO schedule SOW.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror to Complete Blocks 12, 17, 23, 24, & 30

USDA APHIS MRPBS-ASD

250 Marquette Ave Suite 410 Minneapolis, MN 55401

Unrestricted

N/A

RFQ

Same as block #9

IPP.gov

WWW.IPP.GOV

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule B

25. Accounting and Appropriation Data

26. Total Award Amount (For Govt. Use Only)

are not included

27b. Contract/Purchase Order incorporates by reference FAR 52.212-4, 52.212-5 is attached. Addenda are are not attached

28. Contractor is required to sign this document and return copies to

29. Award of Contract: Reference.

Offer

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.

Dated

. Your offer on Solicitation (Block 5), including any additions or changes which are set forth herein, is accepted as to items:

31c. Date Signed

32a. Quantity in Column 21 Has Been

Received

Inspected

Accepted, and Conforms to the Contract, Except as Noted: ________________________

32g. E-mail of Authorized Government Representative

Complete

Partial

Final

Partial

Final

Quantity

Total Price

Helicopter aerial spraying services as per attached statement of work Period of performance:

Award -09/30/2022 (FY-22) acres

Ordering Period two: Helicopter aerial spraying services as per attached statement of work, Period of performance: 10/01/2022 -09/30/2023 (FY-23)

Ordering Period Three: Helicopter aerial spraying services as per attached statement of work, Period of performance:

10/01/2023 -09/30/24 (FY-24)

Ordering Period Four: Helicopter aerial spraying services as per attached statement of work, Period of performance: 10/01/2024 -09/30/2025 (FY-25)

Ordering Period Five Helicopter aerial spraying services as per attached statement of work, Period of performance: 10/01/2025 -09/30/2026 (FY-26)

TOTAL for CLIN’s 01- 05 $_______________

Offeror Notes:

(a) The resulting contract will be a firm fixed priced Indefinite Delivery Indefinite Quantity contract(s), therefore hours stated, are only estimates. There will be a 20 acre total contract minimum and no maximum guarantee to acres ordered by the Government under this combined synopsis solicitation.

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

(c) Please ensure your firm provides past performance references and information Aircraft equipment, base of operations and low-level flying experience.

(d) In accordance with FAR 52.212-1 (b) (8) A completed copy of the representation and certifications at FAR 52.212-3 is required with submission of proposal if not completed in SAM account.

(e) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether there are negotiations after its receipt or not, unless a written notice of withdrawal is received before award.

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

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

BACKGROUND

Thousands of blackbirds fly over Scott Air Force Base twice daily during blackbird migration as they fly from their roost to foraging areas and back to their roosts. This greatly reduces the flight time for Scott Air Force Base pilots and increases the likely hood of a wildlife strike. As part of WS commitment to providing an integrated wildlife damage management approach to Scott Air Force Base, a blackbird roost management program is being initiated.

Blackbird roosts are closely associated with wetlands dominated by dense vegetation primarily phragmites in this region. Roosts can range from a few hundred birds to as large as a million blackbirds. Utilizing an approved aquatic herbicide to control dense phragmites stands, large flocks of blackbirds can be dispersed by reducing the availability of a roosting habitat. Dispersing blackbirds from roosts drastically reduces the number of blackbirds flying through the airspace at Scott Air Force Base.

SCOPE OF WORK

The United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Wildlife Services (WS) program located in Springfield, Illinois intends to procure the services of an agricultural-type aircraft with pilot to apply an aquatic glyphosate herbicide and associated adjuvants to phragmites stands that WS has identified as being blackbird roost near Scott Air Force Base, Mascoutah, Illinois. Procurement of services will be contingent on annual funding.

The total phragmites acres to receive treatment will vary annually depending on the number of identified blackbird roosts. Funding is subject to change annually and we cannot guarantee funding availability from year to year. Therefore, the total acres of phragmites to be sprayed annually could range from zero, if funding is not received, to a maximum of 300 acres at full funding levels. It is estimated that 110 acres to 140 acres of phragmites will be treated once to twice per growing season (May/June and again in August/September).

Locations may vary on a yearly basis and will be determined based on known blackbird roosts within 20 miles of Scott Air Force Base. Wetlands with dense phragmites acres range in size, from 4 acres to more than 30 acres. Wetland sizes may change as new blackbird roosts are identified.

Surveys of all locations to be sprayed will be conducted by WS personnel to ensure the presence and amount of phragmites at each site prior to submission to the Contractor for spraying. WS will provide aerial photos and/or spatial data shape files to the Contractor with the designated wetland(s) to be sprayed highlighted with estimated acreage of each phragmites patch.

All herbicides/chemicals associated with this contract will be provided by the Contractor. Glyphosate and associated adjuvants will be applied at maximum label rates, unless otherwise specified in writing by WS. Application rates may vary from year to year but will not exceed the maximum allowed label rate. Herbicides and associated adjuvants shall be applied in accordance with label specifications, including label identified wind speeds, to avoid herbicide drift. Application should occur to dense stands of phragmites avoiding areas of open water. Complete coverage of the phragmites patch is required.

The phragmites stands identified as blackbird roosts will need to be treated in the spring after new growth has emerged above the water level, typically mid to late May/June, and again in early to mid-August/September. WS staff will inform the Contractor when herbicide applications are necessary and the Contractor must make the requested herbicide application(s) within 20 business days, or by September 30 each year. All invoicing documentation related to this contract must be submitted into IPP within 10 business days of completion of an herbicide application.

CONTRACTOR PERFORMANCE REQUIREMENTS

The Contractor shall provide an FAA-FAR 137 certified agricultural-type aircraft with appropriate spray booms and nozzles to make effective glyphosate/adjuvant-based herbicide applications to dense stands of phragmites near Scot Air Force Base, Mascoutah, Illinois.

The Contractor must have prior experience in low level flying with detailed knowledge of aerial application of herbicides to aquatic vegetation. The Contractor must agree to monitor weather conditions and make the requested herbicide application in accordance with label requirements. The Contractor agrees to rinse and clean all mixing tanks, mixing equipment, spray nozzles, and aircraft holding tanks when utilized for the application of chemicals not contracted under this contract, prior to the mixing and application of chemicals utilized for control of phragmites under this contract. The Contractor agrees to rinse and clean all mixing tanks, mixing equipment, spray nozzles, and aircraft holding tanks at the conclusion of each application event under this contract, as necessary. The Contractor is responsible for post application clean up, including the proper disposal of rinsate. The Contractor will also be responsible for disposal and/or recycling of all chemical containers.

The Contractor must obtain at their own expense all proper State and Federal aerial applicator permits as required by the state of Illinois and the Federal Aviation Administration (FAA), including the proper liability insurance. Copies of the documentation and aircraft information must be supplied to WS prior to commencement of the project. The Contractor must ensure that all aerial applications conducted are completed in compliance with all federal, state, and local laws and regulations governing aerial applicators and according to label instructions.

The Contractor must have all equipment needed for a mobile spray operation and must be capable of spraying in Illinois, including all personnel and labor, all chemicals (herbicide and adjuvants), supplies, fuel, water, facilitating equipment, including agricultural-type aircraft spray equipment and associated materials required for administering aquatic herbicide and adjuvants to phragmites dominated wetlands. The Contractor must water from a from a well or municipal/rural water supply and not from surface water. The Contractor will be responsible for gaining access to municipal and/or rural water supplies and clean-up facilities, as needed, to complete the project. Timely application is important to ensure adequate control of the target emergent vegetation.

The Contractor is responsible for maintaining accurate records of the date, time, location, wind conditions, amount of chemical used at each site, acres of phragmites receiving treatment at each site, and all other necessary herbicide application records in accordance with Illinois Department of Agriculture requirements. The Contractor must provide all the herbicide application records identified in the preceding sentence as supporting documenting to all invoices submitted for payment into IPP within 10 business days of the completion of each herbicide application.

IMPORTANCE OF BEGINNING AND ENDING THE PROJECT AS SPECIFIED

To ensure proper control of phragmites, timely applications of herbicides are required and must be completed during the period specified. Glyphosate-based herbicides are systemic and offer the best control when phragmites are actively growing.

RATES FOR SERVICES RENDERED

Contractor rates must be submitted on a, per acre basis and cover costs associated with managing phragmites at various sites within 20 miles of Scott Air Force Base, Mascoutah, Illinois. Contract rates must include all costs associated with managing phragmites in wetlands including, but not limited to, chemical costs, travel expenses, fuel, personnel, water for mixing, maintenance, transportation costs, and clean-up costs. By submitting an offer, the Contractor acknowledges that the total phragmites acres treated through the duration of the contract may vary annually based on funding and identified blackbird roosts.

WS will issue a delivery order for the estimated number of acres to be sprayed yearly, prior to the initiation of the project. The Contractor shall be paid for only the actual number of acres requested by WS and receiving treatment with herbicide by the Contractor for that year. Payment will be made based on documentation recorded by the Contractor at each site, which must be submitted to WS within 10 business days of completion of the application. Any changes or deviations from the terms of the contract must be authorized by the Contracting Officer. The Contractor may be liable for any additional costs incurred as a result of any unauthorized changes.

CONTRACTOR LIABILITY

The Contractor, his or her employee(s), agent(s), or subcontractor(s) are liable for any damages, losses, or injuries to people, property, livestock, and/or wildlife which occur as a result, directly or indirectly, from work performed while under contract with WS except to the extent that the aforementioned liability arises from the negligent acts or omissions of a government official acting within the scope of his or her employment to the extent compensation is available pursuant to the Federal Tort Claims Act, 22 USC 2671 et. seq. The Contractor is financially responsible for drift problems and must carry adequate liability insurance as required by the state of Illinois. The Contractor shall immediately notify WS of any damages, losses, drift problems, or injuries occurring from work performed while under this contract.

PROGRESS REPORTS

Progress reports shall be submitted to WS, as needed, to ensure timely completion of the project. Progress reports shall constitute notification on project status and estimated completion date. Progress reports may be submitted through written reports, emails, texts, or conveyed through verbal notification between WS and the Contractor.

CONTRACTOR QUALIFICATION REQUIREMENTS

0. The Contractor shall provide an FAA-FAR 137 certified agricultural-type aircraft with appropriate spray booms and nozzles to make effective glyphosate/adjuvant-based herbicide applications to dense stands of phragmites near Scot Air Force Base, Mascoutah, Illinois

0. The Contractor must have all proper State and Federal aerial applicator permits as required by the State of Illinois and the Federal Aviation Administration (FAA) including proper liability insurance.

0. Contractor must designate a pilot with at least two years’ experience with the operation of agricultural-type aircraft, flying at low levels and applying herbicides.

0. Pilots must pass a National Agency Check with Inquiries (NACI), background investigation as per the Homeland Security Presidential Pilots Directive/HSDP-12 issued August 27, 2004.

(D) Additional Clauses

52.216-18 Ordering (OCT 1995).

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

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

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

(End of clause) AUTHORIZED SCHEDULING OFFICE: The following USDA office is authorized to schedule use of hours, from an already issued delivery order against this contract, in accordance with the provisions of clause FAR 52.216-18, ORDERING, and FAR 52.216-19, DELIVERY ORDER LIMITATIONS:

USDA, APHIS, WS

State Director, IL

52.216-19 Order Limitations (OCT 1995).

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 20 acres, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 350 acres.

(2) Any order for a combination of items in excess of 350 hours; or

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

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

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

(End of clause)

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

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of 20 acres, but not more than 800 acres annually.

(End of Clause)

452.216-74 CEILING PRICE (FEB 1988)

The ceiling price of this contract is $500,000. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

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

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

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

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

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

(End of clause)

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

(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 this 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.

(End of clause)

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

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

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

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

(End of clause) 452.237-74 Key Personnel. (FEB 1988)

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

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

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

(End of Clause)

Service Contract Act Wage Determination Applicable Service Contract Act Wage Determination(s) will be required under this contract. The contractor shall be responsible for obtaining the wage determination applicable to the location of their facility. The applicable Service Contract Act Wage Determination can be obtained from the Department of Labor website at http://www.wdol.gov See wage determination No: 1995-0222 for Pilot wages.

RFQ 12639522Q0141

Helicopter spraying services