B5 RFQ Schedule SOW.doc

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

7.

For Solicitation Information Call:

Email: Jason.l.wilking@usda.gov

09/13/2022

Delivery for FOB Destination Unless Block is Marked.

12. Discount Terms

USDA APHIS MRPBS-AAMD

250 Marquette Ave Suite 410 Minneapolis, MN 55401

Unrestricted

N/A

RFQ

Same as block #9

17a.

Contractor/Offeror

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

STANDARD FORM 1449 (REV. 4/2002)

PART I – THE SCHEDULE OF ITEMS

001 CLINs Ordering Period One: October 1, 2022 – September 30, 2023

Item Description of Item Unit Estimated Unit Price Total Amount

No.

Quantity a.

100 hour inspection w/o parts Each 8 $_________ b.

500 hour inspection w/o parts Each c.

Annual inspection w/o parts Each c.

Hourly Labor Rate Hours d.

Parts

Each NA Not to Exceed $75,000.00 e.

Travel Expenses if required

Not to Exceed $6,000.00 002 CLINs Ordering Period Two: October 1, 2023 – September 30, 2024

Item Description of Item

100 hour inspection w/o parts Each 8 $_________ b.

500 hour inspection w/o parts Each c.

Annual inspection w/o parts Each

Hours

003 CLINs Ordering Period Three: October 1, 2024 – September 30, 2025

Item Description of Item

100 hour inspection w/o parts Each 8 $_________ b.

500 hour inspection w/o parts Each c.

Annual inspection w/o parts Each

Hours

004 CLINs Ordering Period Four: October 1, 2025 – September 30, 2026

Item Description of Item

100 hour inspection w/o parts Each 8 $_________ b.

500 hour inspection w/o parts Each c.

Annual inspection w/o parts Each

Hours

005 CLINs Ordering Period Five: October 1, 2026 – September 30, 2027

Item Description of Item

100 hour inspection w/o parts Each 8 $_________ b.

500 hour inspection w/o parts Each c.

Annual inspection w/o parts Each

Hours

TOTAL OF ALL LINE ITEMS $________________

SCHEDULE NOTES

1) This Request for Quote for commercial items is being conducted in accordance with FAR Subpart 13.5 test program procedures for commercial items. Simplified acquisition procedures will be followed.

2) 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.

During the period of performance of the contract, the number of aircraft may vary. Other than the minimum contract amount stated in AGAR clause 452.216-73 below, no guarantee is given as to the actual number of inspection hours, hourly labor or parts required during the term of this contract.

3) * Line items (a), (b) and (c) are firm fixed price indefinite delivery indefinite quantity. Line items (d) and (e) are time and material line items and are reimbursable only based upon the actual costs for labor hours or the parts utilized. The costs for these line items shall be the contractor’s fully burdened rates. Therefore, the costs of the contractor’s parts shall include their material handling costs. The pricing for the parts shall vary depending on the type of part, whether it is new, overhauled, or serviceable part.

4) Repairs are to be performed as firm fixed price. For any scheduled or unscheduled repairs the contractor must provide the USDA, APHIS, WS program representative a firm fixed priced quote based on their assessment of the repairs to be completed. Once the quote has been reviewed and approved by the USDA, APHIS, WS program representative, the contractor can proceed with the repairs.

5) On rare occasions travel may be required to perform the services outlined in the Statement of Work if the helicopter is inoperable due to mechanical issues and cannot be flown to the Contractors facility. Travel must be authorized in advance by the Contracting Officer Representative. If travel is authorized, travel is subject to the limitations established in Federal Travel Regulations (FTR).

See the below website for information on the FTR.

https://www.gsa.gov/portal/ext/public/site/FTR/file/FTRTOC.html/category/21865/hostUri/portal https://www.gsa.gov/portal/content/104877

6) The Service Contract Act Department of Labor 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/sca.aspx#0

See occupation category 23000 – Mechanics and Maintenance and Repair Occupations. The definitions of each labor category can be found at:

https://www.dol.gov/whd/regs/compliance/wage/SCADirV5/SCADirectVers5.pdf

PART 2.0 – STATEMENT OF WORK

2.0 Background

To protect U.S. agricultural and natural resources, a primary responsibility of the USDA’s WS is to provide Federal leadership and expertise to resolve wildlife conflicts and create a balance that allows people and wildlife to coexist peacefully.

2.1 Scope of work

As a way of accomplishing their mission, the USDA, APHIS, WS has a requirement for the inspections, maintenance, and repairs on the following aircraft located in Andalusia AL and Yazoo City MS and service the Eastern U.S.:

· (2) Airbus H120 helicopters The respective helicopters are flown an estimated 400 hours annually. The requisite 100 hour, 300 hour, annual inspections and corresponding maintenance or repairs will be conducted during the term of this contract, depending on the actual hours flown.

2.2 Contract Type and Term

The government will award a firm fixed price indefinite delivery indefinite quantity commercial services and supply contract. As identified in the section above, Schedule Notes, the line items for

“hourly labor rate repair” and “parts” are time and material line items. The line items for travel are reimbursable.

2.3 Contractor Requirements

The Contractor must comply with all state statutes that pertain to aircraft repair facilities and services in the state where they are located.

The Contractor must specifically comply with Federal Aviation Regulations Part 91-409 subsections

(E) and (F). The helicopter shall be maintained and repaired in accordance with Federal Aviation

Regulations parts 21, 23, 39, 43, 91 and 135.

The Contractor maintenance facility must be a Federal Aviation Administration (FAA) approved repair station (Part 145.51) or manufacturer’s approved helicopter service center for Airbus

Helicopters.

The Contractor shall provide technically competent aircraft maintenance personnel to perform the inspections, maintenance, and repairs of all work ordered under the contract. The Contractor shall utilize a system of quality control to assure that all work performed under this contract complies with

Federal Aviation Regulations.

The Contractor will also perform corresponding or incidental repairs related to or detected during maintenance procedures. When required the engine shall be overhauled and/or remanufactured at manufacturer’s factory and according to manufacturer’s standards. The engine shall be new and direct from the factory, with no hours on it and come with a complete manufacturer’s warranty. In the event repairs are necessary, the Contractor shall make recommendations identifying the most cost effective and advantageous means to accomplish such repair work.

The Contractor shall provide special tools, common hand tools, aircraft support, handling and service equipment required for work under this contract.

2.4 Emergency and After-Hours Repairs

The Contractor must have a certified mechanic on duty or on call 24 hours a day and 7 days per week to provide emergency repairs or maintenance to keep or make the helicopter airworthy. The certified mechanic must have an FAA Airframe and Power Plant certificate. The mechanic must be able to be contacted by the pilot and/or the USDA, WS office, or the WS State Director through a telephone forwarding system or by cellular telephone at any time.

2.5 Facilities, Equipment and Inspection Data

The Contractor must maintain a repair facility appropriate in size and layout and properly equipped for maintenance and repairs of the respective helicopters that need service under this contract.

All appropriate manuals, directives and bulletins for the respective helicopters under this contract must be maintained on site by the Contractor.

Contractor must own or have available the necessary tools or be able to obtain the necessary tools so the work is completed within the required timeframes, including a rotor tracking and balancing unit

(Chadwick or comparable), a Barfield tester, and all other testing equipment necessary to ensure the level of service provided meets all Federal Aviation Administration and Federal Aviation Regulations requirements.

It is highly preferable the mechanics performing inspection and repairs on the helicopter have a current

Certificate from Turbomeca Engine for the Airbus H120 helicopter in effect prior to any service being performed on these helicopters. The Contractor SHALL NOT subcontract any portion of the maintenance or repair work without the written consent of the USDA, APHIS, WS.

2.6 Accessibility

The USDA, APHIS, WS reserves the right to inspect the facility, or designate representatives, for adequate maintenance capability before the contract is awarded and during the term of the contract during regular business hours.

The helicopter must be accessible to WS personnel while it is hangered at the Contractor’s maintenance facility. The mechanic/repair logbooks shall be accessible to the pilot and the WS State

Director. The pilot’s logbook shall be accessible to the mechanic/repair facility and the State

Director.

2.7 Employee Training/Qualifications

The repair facility shall have at least one certified mechanic to perform the inspections, repair, and maintenance for the respective helicopters in order to accomplish the work of this contract within the specified timeframes indicated. It is highly preferable the facility have two certified mechanics to ensure that the helicopter will be repaired without undue down time even during after hour’s emergencies or unanticipated heavy workloads. The certified mechanic must have an FAA Airframe and Power plant certificate. The maintenance facility will need to have personnel readily available or on staff with an A&P certificate with FAA Inspection Authorization in order to sign off annual inspections so the work is completed within the required timeframe.

2.8 Communication

The mechanic(s) and USDA, WS pilot must maintain a professional dialogue about the condition and airworthiness of the helicopter at all times. The mechanic(s) and pilot shall keep the WS State

Director abreast of their respective roles in the maintenance and repairs and piloting of the helicopter.

2.9 Agency Responsibilities

The USDA, APHIS, WS will advise and keep the Contractor informed of upcoming and specified inspections based on agency usage.

2.10 Delivery of Services

The helicopters will be delivered to and picked up from the Contractor’s maintenance facility by the

APHIS, WS pilot. Maintenance facility will use an APHIS, WS pilot for all run-ups and test maintenance flights.

2.11 Parts and Labor Rates

Parts: The Contractor shall provide all parts, materials, and consumables. All parts or components which fail inspection or are nonconforming need to be replaced in accordance with FAR 52.212-4(a).

2.12 Transportation Expenses

The cost of transporting the helicopter to and from the Contractor’s facility shall be the responsibility of the Government.

2.13 Contractor Liability

The Contractor is liable for any damages, losses, or injuries to people and property which occur as a result, directly or indirectly, from work performed by the contractor’s employees and subcontractors while under contract with USDA/APHIS. The Contractor must immediately notify the Contracting

Officer, of any damages, losses, or injuries occurring during the performance of any contract with

USDA.

2.14 Insurance Requirements

The Contractor will be required to obtain and maintain for the duration of the contract, at its cost and expense, primary insurance coverage. A Certificate of Insurance, indicating compliance with the required coverage, shall be submitted the USDA, APHIS, AAMD contracting officer in Minneapolis, Minnesota and a copy to the USDA, WS program contact person.

A contract will not be issued to a contractor that fails to submit insurance certification as specified herein prior to award of the contract. This insurance coverage must be valid for the entire contract period. The Contractor is responsible for sending proof of insurance annually to the contracting officer if the options are being exercised on the contract.

2.15 Inspection Time Frames

So as to not cause any delays, the inspections and maintenance shall be completed within five (5) calendar days from the date the helicopter is delivered to place of performance. If repairs are necessary, the contractor needs to contact the USDA, WS with an estimate and come to an agreeable time frame for completion of the repairs.

2.16 Government Roles and Responsibility

The USDA, APHIS, WS shall designate a Contracting Officer Representative (COR) to work with the

Contractor(s) to coordinate all aspects of this contract. The name of the COR for this contract will be provided at contract award

2.17 Task Order Services

Funding will be obligated on the contract via a task order. Funding will be provided as a fixed amount for the inspection services but will be provided in a bulk not to exceed amount for hourly labor repair services and parts. Repair services and parts may also be paid for on a government purchase/credit card.

The Contracting Officer may provide funding under this contract obligating funds for the procurement of repairs and parts 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 delivery and performance dates and quantities up to, but not exceeding the total quantity authorized by the Contracting Officer.

The following individuals are authorized as the designated WS personnel to coordinate services.

Additional names of personnel may be provided in writing to the Contractor as needed.

Mr. Brett Dunlap

Ms. Amanda Deese

Mr. Glen Dunn

The contractor will be required to inform the APHIS Contracting Officer when the task order reaches

80% of the total bulk quantities.

2.18 Invoices and Payment Information

The USDA, APHIS uses the Invoice Processing Platform (IPP) for electronic submission and tracking of invoices and payment information to its suppliers of goods and services. Invoices shall be submitted electronically to the IPP invoicing system. The contractor will register at Enroll at https://ipp.gov

Invoices must be prepared in accordance with 52.212-4 (g). Invoices must be supported with a summation of the actual hours expended and copies of all invoices for parts used in the repair.

Credit card purchases are allowed under this contract. The USDA, APHIS Contracting Officer will provide authorization and the names of the individuals with authorization for credit card purchases under this contract. The authorization will be in the form of written verification via email.

2.19 Safety and Security Requirements

a. In accordance with the USDA regulations, all contractor personnel performing work under this contract will be required to have a Background Investigation (BI) with no less than favorably adjudicated returned results. The BI will be required prior to starting work under this contract as well as maintaining it throughout the duration of the contract. The CONTRACTOR shall provide only fully qualified and properly cleared employees for the work to be performed under this SOW. The contractor shall, through their own internal background investigation protocol and pre-employment investigation, ensure that each employee submitted for a background investigation is reasonably expected to receive a favorable adjudication of their respective investigations and training.

b. The USDA, APHIS will pay for the required background investigations. The government shall have and exercise full and complete control over granting, denying, withholding, or termination the background investigation clearance for employees.

c. Once approved and working under the contract, contractor personnel shall not be removed or diverted from the contract without prior notification to the designated USDA, APHIS, WS representative or Contracting Officer. The Contracting Officer Representative (COR) will work with HR Classification to determine the level of background investigation for those prime and/or subcontractor employees consistent with those position sensitivity designations in the Homeland

Security Presidential Directive (HSPD) 12. The level of background investigation required will depend upon the work of the position and the duties performed. APHIS will determine the appropriate type of BI required under this contract.

d. The contractor shall not employ persons for work on this contract if such employee is considered by APHIS to be a potential threat to health, safety, general well-being or operational mission of

USDA and its employees. If the Contracting Officer or COR finds a prospective employee to be unsuitable for his or her assigned duties, the contractor will be advised immediately that such employee cannot continue to work or be assigned to work under the contract.

(1) Contractors shall comply with the personal identity verification (PIV) policies and procedures established by the AGAR Advisory No. 81, Revision 03 dated July 19, 2010 –

Common Identification Standard for Contractors. In addition, procedures to be followed by contractors and contractor employees are specified in the Departmental Regulation and

Departmental Manual (DM) 4620-002.

(2) The Contractor shall provide to the USDA PIV Sponsor and the Personnel Security

Specialist listed below, a list of all contractor and subcontractor employees full name, job title, employer (prime or subcontractor), contract number, performance period and/or the days employee is expected to provide services under this contract for the base year and each period of performance, if applicable, and information on OPM’s background investigation or clearance conducted by the prime or subcontractor and that contractor employees pass the background check.

(3) The Contracting Officer Representative will assist the contractor, where practical, with the background investigation process and the associated paperwork. Where necessary they will provide contractor information to the security personnel and provide information and documents to the contractor. The Contractor shall take full responsibility to ensure that prime and subcontractor employees who require a background investigation complete and submit the proper forms in a timely manner. You can obtain these forms and further guidance from the

Personnel Security Specialist who oversees the investigation process for contractors:

USDA, APHIS, MRPBS, HRD

Attn: Security Specialist - Contractors

Butler Square, 100 N. 6th Street, Suite 555B

Minneapolis, MN 55403-1588

Phone: (612) 336-3294

(4) For further information and reference on the USDA personnel security requirements please see the document entitled Agar Advisory 81 entitled “Common Identification

Standard for Contractors” at http://www.dm.usda.gov/pdsd/bulletin04-02.pdf

2.20 Wage Determination and Labor Rates

The Department of Labor Service Contract Act applies to this contract.

Task orders will specify the applicable wage determination for the ordering period.

The contractor will be responsible for obtaining the proper wage determination for the location where the work will be performed. The SCA wage determinations can be found at: http://www.wdol.gov/. Please contact the contracting officer if you need assistance in obtaining the wage determination.

PART 3.0 – CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clauses may be accessed electronically at these addresses:

http://www.acquisition.gov/far/ and www.usda.gov/procurement/policy/agar.html

NUMBER TITLE

DATE

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

Oct 2018

52.223-2 Affirmative Procurement of Biobased Products Under

Sept 2013

Service and Construction Contracts 52.232-40 Providing Accelerated Payments to Small Business

Dec 2013

Subcontractors

52.242-15 Stop-Work Order Aug 1989

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (July 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, 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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 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 items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

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

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

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (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 (Jun 2020) of 52.219-9

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

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

_X_ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (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 (Mar2020) (15 U.S.C. 637(m)).

_X_ (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 (Mar 2020) (15U.S.C. 637(a)(17)).

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

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (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).

_X_ (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 (Oct 2020) (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).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 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)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

_X_ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

_X_ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

_X_ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

Employee Class

Monetary Wage – Fringe Benefits

Aircraft Mechanic I - III

Occupation Code 23021 - 23023, WG – 10 – 12

Aircraft Mechanic Helper

Occupation Code 23040

WG – 5

Aircraft Painter

Occupation Code 23040

WG – 5

Aircraft Worker

Occupation Code 23050

WG-9

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)

(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216-18 Ordering (Aug 2020) (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 from date of award through the end date of the last ordering period.

(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)A delivery order or task order is considered "issued" when—

(1)If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2)If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3)If sent electronically, the Government either—

(i)Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii)Distributes the delivery order or task order via email to the Contractor's email address.

(d)Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

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 $2,500, 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 $1,000,000

(2) Any order for a combination of items in excess of $1,000,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (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 10 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.

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 the period of performance end date of the last ordering period.

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 $5,000.00, but not in excess of $5,000,000.00.

PART 4.0 – PROVISIONS

52.252-1 - Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address:

http://www.acquisition.gov/far/

NUMBER TITLE

DATE

52.204-7 System for Award Management

Oct 2018 52.204-16 Commercial and Government Entity Code Reporting

Aug 2020

52.204-17 Ownership or Control of Offeror

Aug 2020

52.204-20 Predecessor of Offeror

Aug 2020

52.212-1 Instructions to Offerors – Commercial Items

Jun 2020 52.209-7 Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision—

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other…