B3 Schedule SOW for North Central ND.docx

Item No.

Quantity

Total Price

Fixed wing Aircraft Service as per attached statement of work for the period: Award - 09/30/2022 (FY-22)

HR

Per diem if overnight travel is required for the period: Award - 09/30/2022 (FY-22)

Days

Federal per diem rates of the location of the stay.

$1,000.00

Ordering Period two: Fixed Wing Aircraft service as per attached statement of work, for the Period 10/01/2022 - 09/30/2023 (FY-23)

Ordering Period two for Per diem if overnight travel is required for the Period: 10/01/2022 - 09/30/2023 (FY-23)

Ordering period Three: Fixed Wing Aircraft Service as per attached statement of work, Ordering Period:

10/01/2023 - 09/30/2024 (FY-24)

Ordering period three for Per diem if overnight travel is required for the Period 10/01/2023 - 09/30/2024 (FY-24)

Ordering Period four: Fixed Wing Aircraft Service as per attached statement of work, ordering period 10/01/2024 - 09/30/2025 (FY-25)

Ordering period four for Per diem if overnight travel is required, ordering Period 10/01/2024 - 09/30/2025 (FY-25)

Ordering period five: Fixed Wing Aircraft Service as per attached statement of work, ordering Period: 10/01/2025 - 09/30/2026 (FY-26)

Ordering period five for Per diem if overnight travel is required for the period 10/01/2025 - 09/30/2026 (FY-26)

Ordering period six: Fixed Wing Aircraft Service as per attached statement of work, ordering Period: 10/01/2026 - 12/30/2026 (FY-27)

Ordering period six for Per diem if overnight travel is required for the period 10/01/2026 - 12/30/2026 (FY-27)

$500.00

TOTAL for CLIN’s 01-012 $_______________

Offeror Notes:

(a) The resulting contract will be an Indefinite Delivery Indefinite Quantity contract(s), therefore hours stated, are only estimates. There will be a 10-hour total contract minimum and no maximum guarantee to hours ordered by the Government under this solicitation.

(b) If overnight travel is required by the Government, the contractor will be reimbursed for the pilots per diem in accordance to the Federal Travel Regulations.

(c) In accordance with FAR 52.212-1 and FAR 52.212-2, Please ensure your firm provides past performance references and information, aircraft standard/special 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.

(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, unless a written notice of withdrawal is received before award.

C 1.0 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 in north central North Dakota around McHenry County.

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.

C 2.0 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. (See Attachment 1 - Wildlife Service Aviation Safety and Operations Manual) https://emsteam.usda.gov/sites/aphisws/Intranet/Manuals%20and%20Handbooks/Aviation%20Operations%20and%20Safety%20Manual/Aviation_Operations_and_Safety_Manual.pdf

C 2.1 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.

C 2.2 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

C 2.5 CONDITION OF EQUIPMENT

1. The aircraft must comply with its type design. Any modifications shall have either a Supplemental Type Certificate (STC) approval or a Form 337 approval.

C 3.0 PILOT REQUIREMENTS

The pilot provided shall be qualified in accordance with the WS Aviation Operations and Training Policies, in addition to the requirements herein. (See Attachment 1 – Wildlife Services Aviation Safety and Operations Manual)

C 3.1 PILOT QUALIFICATIONS

1. Pilot must be able to be carded by the Wildlife Services Aviation Operations Training Center.

1. Pilot must be able to pass the required background check.

1. Commercial pilot certificate with current class II medical.

1. 1,500 hours total pilot time.

1. 1,200 hours pilot time in command in single engine land (SEL) aircraft.

1. 100 hours pilot in command (PIC) time in the preceding 12 months,

1. 100 hours PIC in the same make and model of aircraft to be used on WS missions.

1. 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 a1l other requirements, may be granted a waiver by the National Aviation Coordinator.

1. 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 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 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.”

C 3.2 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.

1. 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.

1. 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.

1. 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.

1. Pilots shall insure that crewmembers or passengers use approved PPE provided by WS as described in C.3.3. below.

C 3.3 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.

1. 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.

1. 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.

C 4.0 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. (See Attachment 1 – Wildlife Services Aviation Safety and Operations Manual)

C 5.1 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.

1. 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.

C 5.2 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.

C 5.3 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.

1. 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.

1. 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 Services required will be coordinated in advance.

C 6.1 AVAILABILITY OF SERVICE

The aircraft must be ready to perform flight at the designated base as required by the Contracting Officer or the COR. The schedule of operations will be planned by the Government with the cooperation of the pilot. 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.

C 6.2 RECORDING AND PAYMENT OF SERVICES

1. All services received will submitted for payment in IPP.

1. 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.

1. 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.

C 6.3 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.

1. 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.

1. 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.

C 6.4 ACCIDENT RESCUE AND SALVAGE RESPONSIBILITIES

1. The Contractor will be responsible for rescue operations of the Government and Contractors' personnel employed under this contract.

1. 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.

1. 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.

C 6.5 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.

1. 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.

1. 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

C 7.1 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.

C 7.2 FUEL, OIL AND LUBRICANTS

1. All fuel, and any in-route (only in route?) replacement oil and lubricants required for the aircraft during the effective period of the contract shall be furnished by the Contractor.

1. 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.

1. 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.

C 7.3 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.

(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, ND

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 one flight hour, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 300 hours;

(2) Any order for a combination of items in excess of 300 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 5 flight hours, but not in excess of 300 hours 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)

452.237-70 LOSS, DAMAGE, DESTRUCTION OR REPAIR (FEB 1988)

(a) For equipment furnished under this contract without operator, the Government will assume liability for any loss, damage or destruction of such equipment, not to exceed a total of $0.00 except that no reimbursement will be made for loss, damage or destruction due to (1) ordinary wear or tear, (2) mechanical failure, or (3) the fault or negligence of the Contractor or the Contractor's agents or employees.

(b) For equipment furnished under this contract with operator, the Government shall not be liable for any loss, damage or destruction of such equipment, except for loss, damage or destruction resulting from the negligent or wrongful act(s) of Government employee(s) while acting within the scope of their employment.

(c) All repairs to equipment furnished under this contract shall be made by the Contractor and reimbursement, if any, shall be determined in accordance with (a) or (b) above. Repairs shall be made promptly and equipment returned to use within 2 weeks. In lieu of repairing equipment, the Contractor may furnish similar replacement equipment within the time specified. The Contractor may authorize the Government to make repairs upon the request of the Contracting Officer. In such case, the Contractor will be billed for labor and parts costs.

(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.

52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors. ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause - United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c ) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/. (d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)

52.212-4 Contract Terms and Conditions-Commercial Items. (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future…