D15PS00420_NPS_Used_Cessna_206_Grand_Canyon.pdf

SECTION A – SCHEDULE OF SUPPLIES AND PRICES

3 SOLICITATION D15PS00420

NPS Cessna 206 Aircraft

TABLE OF CONTENTS

TABLE OF CONTENTS

SECTION A – SCHEDULE OF SUPPLIES AND PRICES . 4

A1 Purpose of Solicitation and Contract A2 Item 1 Requirement A3 Item 1 Schedule of Prices

SECTION B – TECHNICAL SPECIFICATIONS

GENERAL REQUIREMENTS

B1 Scope of Contract B2 Certifications B3 Order of Precedence - Specifications

EQUIPMENT REQUIREMENTS

B4 Condition of Aircraft and Equipment B5 Aircraft Equipment Requirements B6 Target Aircraft Equipment B7 Avionics Requirements

AIRCRAFT MAINTENANCE REQUIREMENTS

B8 Maintenance and Record Requirements B9 Airworthiness Directives (AD’s) and Manufacturer's

Mandatory Service Bulletins (MMSB’s) B10 Weight and Balance

SECTION C – CONTRACT TERMS AND CONDITIONS 9

CONTRACT CLAUSES

C1 52.212-4 Contract Terms and Conditions – Commercial Items (MAY 2015)

C2 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (MAY 2015)

ADDENDA TO CONTRACT TERMS AND CONDITIONS

C3 Proof of Aircraft Ownership C4 Contracting Officer's Technical Representative C5 Pre-Buy Inspection of Aircraft C6 Payment for Aircraft C7 Warranties C8 DIAR 1452.201-70 Authorities and Delegations (SEP

2011) C9 Electronic Invoicing and Payment Requirements – Invoice

Processing Platform (IPP) (April 2013) C10 Notice of Contractor Performance Assessment Reporting

System (JUL 2010)

C10.A 52.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (FEB 2015)

C11 Contract Exhibits

SECTION D – INSTRUCTIONS TO OFFERORS

INTRODUCTION

D1 General Information D2 North American Industry Classification System (NAICS)

Code and Small Business Size Standard

INSTRUCTIONS TO OFFERORS--COMMERCIAL

ITEMS (52.212-1 APR 2014) [TAILORED SEPT 2005]

D3 Offers D4 Offer Contents D5 Period for Acceptance of Offers D6 Late Submissions, Modifications, Revisions, and

Withdrawals of Offers D7 Data Universal Numbering System (DUNS) Number) D8 Special Notice to Offerors D9 Evaluation—Commercial Items (52.212-2 OCT 2014) ... 21 D10 Offer Acceptability D11 Evaluation Factors D12 Tradeoff Analysis and Contractor Selection D13 Notice of Award D14 Inquiries Regarding the Solicitation

SECTION E – OFFEROR’S REPRESENTATIONS,

CERTIFICATIONS AND OTHER STATEMENTS

E1 52.212-3 Offeror Representations and Certifications- Commercial Items (DEC 2014)

E4 Certification Regarding a Felony Conviction Under any Federal Law or an Unpaid Federal Tax Liability (FEB 2012)

E5 Commercial and Government Entity Code Reporting

(52.204-16, NOV 2014)

E6 Solicitation Exhibits

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A1 Purpose of Solicitation and Contract

The purpose of this solicitation is for the U.S. Department of the Interior (DOI) to purchase a used Cessna 206 as specified in Sections A and B. The Government plans to contact entities that have advertised aircraft for sale to inform them of this solicitation. DOI will award the contract based on “Best Value”, that is in the government’s estimation, provides the greatest overall benefit in response to the requirement described in the solicitation.

A2 Item 1 Requirement

ITEM DESCRIPTION

1 Required Aircraft: Cessna TU206F or G model airplanes equipped as described in Section B.

Minimum Aircraft Requirements:

• Must be serial number U2060 2200 or later. (Model year 1974 or later.)

• Must have a Standard Airworthiness Certificate.

• IFR/VFR, day/night (see section B7).

• Factory turbocharged reciprocating engine.

• Installed engine, governor, and propeller at or below manufacturer’s hourly and calendar TBO requirements

• Six seat configuration, one pilot seat and five passenger seats.

• Dual controls.

• 24 volt electrical system

Target Aircraft Requirements:

• Engine monitoring system.

• Electronic fuel flow monitor.

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A3 Item 1 Schedule of Prices

AGENCY: Department of the Interior, National Park Service DESIGNATED DELIVERY LOCATION: FOB: Grand Canyon Airport (see note below)

The Offeror shall complete the schedule below for each aircraft it's offering for sale to the Government. The location of the aircraft is where the Government shall inspect the aircraft (see contract paragraph C5). Each total price shall include delivery to Grand Canyon Airport, 871 Liberator Dr. Grand Canyon Village, AZ 86023(see C1, 52.212-4(j)):

DESCRIPTION Registration Number

Total Price

Aircraft Yr/

Make/Model:

Location:

N $

Aircraft Yr/

Note: The Government reserves the right to negotiate delivery of aircraft at the offeror’s current location or to a location to be determined.

SECTION B – TECHNICAL SPECIFICATIONS

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SECTION B – TECHNICAL SPECIFICATIONS

GENERAL REQUIREMENTS

B1 Scope of Contract

B1.1 This contract is for the purchase of one (1) turbocharged utility Cessna 206F or G model airplane.

B1.2 Aircraft total time is a consideration criterion. Low time airframes are preferred. Must have less than 5000 hours total time since new. Aircraft must be a 1974 model year or newer (serial number: U206 02200 or later) and have 24 volt electrical system. .

B2 Certifications

B2.1 The aircraft must be certificated in accordance with 14 Code of Federal Regulations (CFR) 21.183 (a), (b), or (c).

Aircraft manufactured in accordance with a U.S. type certificate must be manufactured by the type certificate holder or their licensee. Aircraft built from spare and surplus parts, in accordance with the Federal Aviation Administration’s (FAA) Advisory Circular 21-13 (4-5-73) and certified in accordance with 14 CFR 21.183(d)(1), are not acceptable.

B2.1.1 Materials and workmanship. The aircraft, component part or parts, accessories, and optional equipment must be standard production as offered to the general public and must include all improvements in design and construction as shown in the manufacturer’s current literature for the model offered.

All alterations to the aircraft shall be by an FAA-approved Supplemental Type Certificate unless otherwise accepted by the Government.

B2.2 The aircraft must have an FAA Standard Airworthiness Certificate meeting the requirements of Civil Air Regulations (CAR) Part 3 or 14 CFR Part 23 and must be equipped in accordance with 14 CFR Parts 91.205(a) through (d) for visual flight rules, day and night, and instrument flight rules operation.

Installation of any equipment required by this contract must be FAA-approved.

B3 Order of Precedence - Specifications

B3.1 In the event of inconsistencies within the technical specification, the following order will be used in such resolution: (1) typed provisions of these specifications; (2) DOI OAS supplements and/or exhibits incorporated by reference; (3) 14 CFR incorporated by reference; (4) aircraft manufacturer's specifications; and (5) other documents incorporated by reference.

EQUIPMENT REQUIREMENTS

B4 Condition of Aircraft and Equipment

The aircraft and all other required equipment must be operable, free of damage, and in good repair. Aircraft systems and components must be free of leaks, except where specified by the manufacturer.

B4.1 The aircraft must have no history of major damage. Any existing repairs must be documented as having been performed with approved data.

B4.2 Temporary repairs to windows and windshields are unacceptable.

B4.3 The aircraft interior must be clean and neat with no unrepaired tears, rips, or other damage. The exterior finish, including the paint, must be clean, neat, and in good condition.

B4.4 Corrosion must be within manufacturer or FAA acceptable limits and treated/repaired so as to not affect future airworthiness of the aircraft. The Government reserves the right to determine if the aircraft is acceptable.

B4.5 Seatbelts and shoulder harnesses must be serviceable. See the Unacceptable Lap Belt and Shoulder Harness Conditions Exhibit for lap belt and shoulder harness conditions that are not acceptable.

B4.5 The aircraft must have current annual and 100 hour inspections.

B5 Aircraft Equipment Requirements

In addition to the requirements of Section B2, the aircraft must be equipped as shown below:

B5.1 Airframe. Must be equipped in accordance with 14 CFR 91 for day and night, VFR and IFR operations and have;

B5.1.1 Dual controls: primary flight controls and brakes.

B5.1.2 FAA-approved seating for one pilot and five passengers.

B5.1.3 Cabin heat for front and rear seats; windshield defroster.

B5.1.4 Fresh air vents for front and rear seats.

B5.2 Instruments. Must have instruments required by 14 CFR 91 for VFR and IFR operations and;

B5.2.1 One vertical speed indicator.

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B5.2.2 One digital hour meter installed in a location visible by the pilot.

B5.2.3 One free air temperature gauge.

B5.3 Engine: Factory manufactured turbocharged reciprocating engine, TCM (Continental) IO-550 or IO 520

B6 Target Aircraft Equipment

B6.1 The following aircraft equipment is not required to be installed with the offered aircraft. However, this equipment will be considered as part of the best value tradeoff process.

B6.1.1 Engine monitoring system.

B6.1.2 Electronic fuel flow monitor.

B6.1.6 Stowable co-pilot rudder pedals.

B6.1.9 406 MHz ELT.

B6.1.10 Engine last overhauled by the OEM or an OEM approved engine facility.

B6.1.11 Right hand side cabin door.

B6.1.12 Aircraft tires and wheels size 8.00x6

B7 Avionics Requirements

B7.1 A complete list of the current avionics installed in each aircraft offered must be provided with each offer. This list must detail make and model numbers and include photographs for each item.

B7.1.1 All avionics components must have been installed and maintained in accordance with the manufacturer's specifications and the standards contained in the following FAA Advisory Circulars: AC 43.13-1B Chapter 11, "Aircraft Electrical Systems," and Chapter 12, "Aircraft Avionics Systems”; AC 43.13-2B Chapter 1, "Structural Data," Chapter 2, "Communication, Navigation, and Emergency Locator Transmitter System Installations," and Chapter 3, "Antenna Installation."

B7.1.2 All avionics systems requiring an antenna must be installed with a properly matched, aircraft-certified antenna, unless otherwise specified. Antennas must be polarized as required by the avionics system and must have a voltage standing wave ratio (VSWR) of 3.0 to 1 or better.

B7.2 Two panel-mounted VHF-AM (VHF-1, VHF-2) aeronautical transceivers, each having a minimum of 720 channels covering the frequency range of 118.000 to 135.975 MHz, all with channels selectable in no greater than 25 kHz increments, and a minimum of 5 watts carrier output power, must be installed in the aircraft. Each transceiver's operational controls must be mounted in a location which is readily visible and accessible to the pilot and copilot positions.

B7.3 One 121.5 MHz or 406 MHZ Emergency Locator Transmitter (ELT) meeting the requirements of FAA TSO- C91a or C126.

B7.4. The aircraft must be equipped with the navigational equipment required for IFR operations as specified in 14 CFR 135.165, including, but not limited to, the following:

B7.4.1 Two VHF, VOR/LOC aeronautical navigation receivers with indicators (NAV-1, NAV-2), each with a minimum of 100 navigation receive channels.

B7.4.2 One glideslope (GS) system, with a minimum of 20 receive channels.

B7.4.3 One marker beacon receiver system with three-light indicator.

B7.4.4 One Distance Measuring Equipment (DME) system, with a minimum of 100 channels and NAV-1/NAV-2 channeling.

NOTE: If the aircraft is equipped with a GPS unit which is certified for IFR Supplemental Navigation under TSO-C129, a separate DME unit is not required.

B7.5 One air traffic control (ATC) transponder and altitude reporting system meeting the requirements of 14 CFR Part

91.215 (a) and (b), tested and inspected in accordance with 14

CFR 91.413.

B7.6 An audio control system must be provided for use by the pilot and copilot, in a location convenient to both. The system must provide pilot and copilot with controls for selection of receiver audio outputs and transmitter microphone/PTT audio inputs for all installed radios. The system must also provide pilot and copilot with controls for adjustment of both the intercommunications system (ICS) and the receiver audio output levels.

AIRCRAFT MAINTENANCE REQUIREMENTS

B8 Maintenance and Record Requirements

B8.1 All maintenance performed on the aircraft before delivery to the Government must be recorded in the appropriate aircraft maintenance record, in accordance with 14 CFR (reference 14 CFR 43.9, 43.11, and 91.417). Aircraft must be delivered with a current annual inspection and 100 hour inspection.

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B8.2 The airframe, engine, and propeller logbooks must be complete with no gaps and contain all maintenance records as described in FAA Advisory Circular 43-9C. Logbooks must include total hours-in-service time for the aircraft and installed time life components since date of manufacture, including any manufacturer’s approval for return to service. Engine and propeller logbooks shall reflect engine and propeller total time since new, time since major overhaul, and date of last major overhaul. All FAA forms 337s and supporting documentation shall be organized into the aircraft records.

B8.4 All major repairs and alterations must be documented in accordance with 14 CFR by an FAA-approved Supplemental Type Certificate, 8110-3, with DER approval or FAA field approval, unless otherwise accepted by the Government.. All alterations must be compatible and must not negatively impact the structural integrity or performance of the aircraft.

B8.5 Installation drawings and wiring diagrams must be available to document the installation of all avionics and all other installed equipment. Any aircraft, component, and equipment warranty information shall be provided.

B9 Airworthiness Directives (AD’s) and Manufacturer's Mandatory Service Bulletins (MMSB’s)

B9.1 Each offered aircraft must provide and make available a list of “issued” MMSBs and FAA ADs identifying all those that are applicable to the aircraft in the format shown in AC 43-9C, Appendix 1, complete with authorized signature, certificate, type and number. Signatures of persons verifying accuracy of the list is required.

B10 Weight and Balance

B10.1 The aircraft must have a complete and current equipment list as last weighed and signed by an certificated aircraft mechanic, Repair Station or OEM. The weight and balance report must have been determined by the actual weighing of the aircraft in the current configuration.

SECTION C – CONTRACT TERMS AND CONDITIONS

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SECTION C – CONTRACT TERMS AND CONDITIONS

CONTRACT CLAUSES

C1 52.212-4 Contract Terms and Conditions – Commercial Items (MAY 2015) [Tailored SEPT 2005]

(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 re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance 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's 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 Government wide 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 CO 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, contract 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 con-tributory 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.

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(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 contract 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 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 performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be

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liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts.

The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) the schedule of supplies/services;

(2) the Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) the clause at 52.212-5;

(4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation;

(6) other paragraphs of this clause;

(7) the Standard Form 1449;

(8) other documents, exhibits, and attachments; and

(9) the specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete.

Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (q)(2)(i) of this clause, or fails to perform the agreement at paragraph (q)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the SAM database.

Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

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(iii)Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

C2 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items

(MAY 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulations (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014).

(2) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(3) 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:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), 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 (APR 2010) (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.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 Note).

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub L 111-117, section 743 of Div C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub L 111-117, section 743 of Div C).

(8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) (31USC 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C.2313)

(10) Reserved.

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole- Source Award (NOV 2011) (15 U.S.C 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

(14) (i)52.219-6, Notice of Total Small Business Set- Aside (NOV 2011)(15 U.S.C. 644).

(ii) Alternate I (NOV 2011).

(iii) Alternate II (NOV 2011).

(15) (i) 52.219-7, Notice of Partial Small Business Set- Aside (JUNE 2003)(15 U.S.C. 644).

(ii) Alternate I (OCT 1995) of 52.219-7.

(iii) Alternate II (MAR 2004 of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2014)(15 U.S.C. 637 (d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014)(15 U.S.C. 637(d)(4)).

(ii)Alternate I (OCT 2001) of 52.219-9.

(iii) Alternate II (OCT 2001) of 52.219-9.

(iv) Alternate III (OCT 2014) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C 644(r)).

(19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

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

(21) 52.219-27, Notice of Service-Disabled Veteran- Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

(22) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (15 U.S.C. 632(a)(2).

(23) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C 639(m)).

(24) 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013) (15 U.S.C 639(m)).

(25) 52.222-3, Convict Labor (JUNE 2003) (E.O.

11755).

(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

(27) 52.222-21, Prohibition of Segregated Facilities

(APR 2015).

(28) 52.222-26, Equal Opportunity (APR 2015) (E.O.

11246).

(29) 52.222-35, Equal Opportunity for Veterans (JUL 2010)(38 U.S.C. 4212).

(30) 52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)(E.O. 13496).

(33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015)(22 U.S.C. chapter 78 and E.O. 13627).

13 SOLICITATION D15PS00420

(ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (AUG 2013) (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.)

(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (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.)

(36)(i)52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O. 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-13.

(37)(i)52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O. 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

(38) 52.223-15, Energy Efficiency in Energy- Consuming Products (DEC 2007) (42 U.S.C. 8259b).

(ii) Alternate I (JUN 2014) of 52.223-13.

(39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O. 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-16.

(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

(41) 52.225-1, Buy American Act-Supplies (MAY 2014) (41 U.S.C. chapter 83).

(42)(i) 52.225-3, Buy American Act - Free Trade Agreements-Israeli Trade Act (MAY 2014) (41U.S.C. chapter 83, 19U.S.C. 3301 note, 19U.S.C. 2112 note, 19U.S.C. 3805 note, 19U.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

(43) 52.225-5, Trade Agreements (NOV 2013)(19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(44) 52.225-13, Restriction on Certain Foreign Purchases (JUNE 2008) (E.O’s, proclamations and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10U.S.C. 2302 Note).

(46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

(47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42.U.S.C. 5150)

(48) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002)(41 U.S.C. 4505, 10 U.S.C.

2307(f)).

(49) 52.232-30, Installment Payments for Commercial Items (OCT 1995)(41 U.S.C. 4505), 10 U.S.C. 2307(f)).

(50) 52.232-33, Payment by Electronic Funds Transfer- Central Contractor Registration (JUL 2013) (31 U.S.C. 3332).

(51) 52.232-34, Payment by Electronic Funds Transfer- Other than Central Contractor Registration (JUL 2013) (31 U.S.C. 3332).

(52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(53) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

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

(ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, which 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:

(1) 52.222-17, Nondisplacement of Qualified Workers

(MAY 2014) (E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. 351, chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment – Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services – Requirements (MAY 2014) (41U.S.C. chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2014) (Executive Order 13658).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792),

(10) 52.237-11, Accepting and Dispensing of $1 Coin (SEPT 2008) (31U.S.C. 5112(p)(1)).

(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, 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

14 SOLICITATION D15PS00420

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 (APR 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014)(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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O.13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition on Segregated Facilities (APR 2015).

(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans

(JUL 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Affirmative Action for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(xi) (i) 52.222-50, Combating Trafficking in Persons (MAR 2015)(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).

(xii) 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) (41U.S.C. chapter 67).

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

(xiv) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xv) 52.222-55, Minimum Wage Under Executive Order 13658 (DEC 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clauses 52.226-6.

(xviii) 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.

ADDENDA TO CONTRACT TERMS AND CONDITIONS

C3 Proof of Aircraft Ownership

The Contractor shall furnish documentation to the Contracting Officer which indicates clear title and proof of ownership of the contract aircraft. If ownership of the aircraft is questionable, the Contracting Officer may unilaterally cancel the contract award.

C4 Contracting Officer's Technical Representative

The Contracting Officer's Technical Representative (COTR) will be designated in writing. The COTR or a designated representative will review the contract aircraft's documentation and inspect the aircraft.

C5 Pre-Buy Inspection of Aircraft

The Government plans to inspect the offered aircraft for compliance with the specifications of this solicitation and suitability award. The Contractor shall allow the Government to inspect the offered aircraft and conduct an inspection flight at no cost to the Government at the location stated in the proposal.

Travel and per diem for the inspection team shall be at the expense of the government.

15 SOLICITATION D15PS00420

C5.1 At the time of the inspection, the offeror must make the aircraft available in a hangar facility with adequate heating and ventilation. All records and documentation specified in paragraphs B8, B9 and B10 must be available on-site for review.

C5.2 The contractor shall coordinate with the Government’s inspector to add the inspector’s name to the owner’s insurance policy. In the event the inspector can’t be added to the insurance policy, the owner shall provide a Pilot in Command (PIC) for the purpose of conducting the inspection flight.

C6 Payment for Aircraft

The Government shall make full payment after acceptance and possession of clear aircraft title.

C7 Warranties

The Contractor shall submit to the Government all applicable warranties for the aircraft and its equipment.

C8 DIAR 1452.201-70 Authorities and Delegations (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer’s Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor’s performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor’s right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority.