SOW.docx

Schedule, Statement of Work and Additional clauses and Provisions:

RFQ: 12639521Q0008 for Helicopter services in IL for animal tracking and locating.

Schedule:

Quantity

Total Price

Helicopter Service as per attached statement of work, Period of performance:

01/01/21– 12/31/2021

HR

Ordering period two: Helicopter Service as per attached statement of work, Period of performance: 01/01/2022 -12/31/2022

Ordering period three: Helicopter Service as per attached statement of work, Period of performance: 01/01/2023 -12/31/2023

Ordering period four: Helicopter Service as per attached statement of work, Period of performance: 01/01/2024-12/31/2024

Ordering period five: Helicopter Service as per attached statement of work, Period of performance: 01/01/2025-12/31/2025

TOTAL for CLIN’s 0001-0005 $______________

Offeror Notes:

(a) The resulting contract will be an Indefinite Delivery Indefinite Quantity contract, therefore hours stated, are only estimates for the State of Illinois. There will be 3 hours minimum and no maximum guarantee to hours ordered by the Government under the resulting contract. Any services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders. Such orders may be issued anytime within the period of performance of the contract. Orders may be issued by mail, by facsimile, or by electronic commerce.

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

(c) For technical evaluation, please ensure your firm provides past performance references and information regarding: 1) Pilots total helicopter hours and hours in command of proposed helicopter for the last year. 2) Location of Designed base of operations, 3) Low level tracking, darting, and/or predator management flying Experience. Provide enough information so that an evaluator can rate the above factors. Most flight hours will be required in northern Illinois, therefore aircraft based in Northern Illinois will be preferred

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

(e) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

STATEMENT OF WORK

The Offeror shall furnish, operate and maintain one helicopter and one pilot in accordance with the specifications herein for use by the United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service, Wildlife Services (WS). This requirement is for support of aerial surveillance of wildlife and telemetry monitoring activities in the State of Illinois and nearby portions of Wisconsin and Indiana. Flights will be ordered as services are needed at any time of the year with a 48-hour advance notice. Flights may be infrequently needed. WS has cooperative agreements with other governmental entities and will dispatch aircraft under this contract for such cooperative use.

HELICOPTER SPECIFICATIONS

The helicopter shall meet the following minimum requirements:

· Type Engine: Turbine

· Minimum Cruise speed of 100 knots

· The helicopter and all accessories shall be in operable condition and present a neat and clean appearance

· Upholstery, paint and plexiglass will be in good condition

· There will be a minimum seating capacity: pilot and three WS/cooperator crew members

HELICOPTER EQUIPMENT REQUIREMENTS

· Adequate equipment and instruments for VFR day and night operations in accordance with FARs

· Lap belt and double strap shoulder restraints for each occupant, lap belts and shoulder straps shall fasten with one single point/quick-release mechanism

· Flight recording meter reader in hours and tenths activated by an oil pressure switch wired in series with a switch on the collective control or equivalent system to record flight time only

· An approved fire extinguisher, first-aid kit, and an appropriate survival kit for the operating environment as required by the WS Aviation Safety and Operations Manual

· Personnel access step for each door if extended height gear is installed An automatic fixed or automatic deployable emergency locator transmitter (ELT) meeting the latest Technical Standard Order (TSO) will be attached to the aircraft in such a manner that the transmitter is activated in a crash but will not sustain serious damage

· A very high frequency (VHF) airways Telonics communication signal receiving system including will be provided which the contractor must install on the contracted aircraft including the following equipment:

· Two strut mounted THB -1 brackets for helicopter with two RA2A antennas

· TAC-2RLB antenna control unit

· TAC-6 remote control coaxial unit

· TLA-1 lightning arrestor

The contractor must provide coaxial cable to provide connectivity of above items to cabin radio telemetry equipment operator and the contractor will install at the contractor’s expense the above Government Furnished Equipment.

· Interphone system between pilot and crew members capable of “hands free” operation

· Cabin heating system and outside air temperature gauge

· USDA will provide a portable flight following system that must be used during all operations

REQUIREMENTS FOR HELICOPTERS

All helicopters and operators covered by this agreement will be certified under the provisions of applicable FAR, Parts as they relate to the type of operations being conducted by Wildlife Services under this agreement.

SUBSTITUTION OF AIRCRAFT

The Offeror may substitute aircraft during performance of the contract, provided such substitution meets all requirements herein and is approved in writing by the Contracting Officer or his/her authorized representative. Request for substitution shall be made at least 10 days prior to exchange except for unforeseen conditions. Transportation of substituted aircraft to the point of use will be at the Offeror’s expense.

CUSTODY AND CONTROL

The Offeror shall retain custody and assume full responsibility for the operation and well-being of the aircraft.

PERSONAL PROTECTIVE EQUIPMENT (PPE)

The Offeror will supply the following personal protective equipment for the pilot:

a. The pilot shall wear an aviator's protective helmet equipped with boom-microphone and headset compatible with the radio specifications of this purchase order during all flights. The helmet shall be equipped with a chin strap and shall be individually fitted to cover the head, back of the neck and ears

b. Pilots shall wear long-sleeved shirt and trousers (or long-sleeved flight suit) made of fire resistant polyamide or aramid material or equal. Pilots shall wear leather and leather or polyamide or aramid gloves. The shirt, trousers, boots and gloves shall overlap to prevent exposure to flash burns

MIMIMUM PILOT QUALIFICATION REQUIREMENTS

a. pilots who are approved for WS flight operations shall hold and have in their possession at least:

1) A valid and current Commercial Pilot Certificate with the proper ratings for the equipment to be used; and

2) A valid and current First-Class or Second-Class, FAA medical certificate.

b. Pilots conducting WS flight operations shall meet the following Office of Personnel Management (OPM) GS-2181 minimum requirements:

1) 1500 hours total flight time; and

2) 250 hours PIC flight time; and

3) 100 hours flight time in the preceding 12 months; and

4) 75 hours night flight time.

c. WS pilots who will perform low level flights shall also have the following requirements

Helicopters -

1) 1200 hours PIC flight time in single or multi-engine helicopter; and

2) 100 hours flight time in appropriate class size aircraft (e.g., light, medium, or heavy as applicable); and

3) 100 hours flight time in a helicopter equipped with a turbine engine; and

4) 100 hours PIC flight time in the preceding 12 months; and

5) 250 hours flight experience as PIC for wildlife damage management operations;

or;

250 hours flight experience in aerial live capture, darting, or tagging/marking operations in which the helicopter was consistently flown and maneuvered close to the surface;

or;

500 hours flight experience in WS type flying.

Contract pilots shall be certified by the WS flight instructor training officer/check airmen prior to the contract start date.

PILOT AUTHORITY AND RESPONSIBILITY

1. The pilot is responsible for the safe operation of the aircraft and the safety of its occupants and cargo. The pilot shall be able to function as a mechanic on his aircraft, as long as both combined duties do not exceed the 8 hour per day limit. Safety requirements, such as preflight, reserve fuel, weight and balance limitations shall be strictly adhered to. The pilot shall refuse any flight or landing which the pilot considers hazardous or unsafe.

2. During operations the pilot shall not permit any passenger to ride in the aircraft or any cargo to be loaded therein unless authorized by the Contracting officer or the Contracting Officers Representative

(COR).

3. Pilots must demonstrate the following:

(a) Positive flying safety attitudes and habits.

(b) Positive attitude regarding requirements and procedures for surveillance of identified animals.

(c) Emotional stability under the stress of low-level aircraft operations required for aerial surveillance.

(d) Positive personality characteristics required to work and communicate effectively with WS field personnel and cooperators.

(e) Knowledge of and/or willingness to learn wildlife behavior and how to effectively monitor wildlife movements.

(f) Ability to safely identify and maintain effective airborne contact with the target animal.

(g) Willingness to work unusual hours.

(h) Successful completion and favorable adjudication of an agency background investigation. Contractor 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. Copies can be downloaded from the website at http://hspd12.usda.gov

If the pilot fails to demonstrate any of the above, he shall be replaced by the Offeror. The Offeror will be notified in writing, stating the conditions of unsatisfactory performances and stating a time limit by which a replacement pilot must be provided.

4. Pilots shall be limited to flight during daylight hours and under VFR conditions only. Daylight hours are defined as 30 minutes before official sunrise to 30 minutes after official sunset, or during extended twilight hours when terrain features can be readily distinguishable for a distance of at least one mile.

PRE-USE INSPECTION OF EQUIPMENT

The Offeror shall make its equipment available for inspection at the designated base of operations or other location acceptable to the Government at a mutually agreed upon time not later than 24 hours prior to the established reporting date. At the time of inspection, the aircraft shall (1) be properly certified and registered by the FAA, and (2) comply with all specifications set forth herein.

If the aircraft meets all requirements, an Aircraft Data Card (APHIS Form 150) authorizing use of the equipment will be issued by the Contracting Officer or his/her designated representative. The Aircraft Data Card shall always be with the aircraft.

INSPECTION/REINSPECTION EXPENSES

The Offeror will not be charged for the pre-use inspection nor one re-inspection after each 90 calendar days of exclusive use within the contract period. The expense of any other re-inspection required due to either the Offerors’ failure to provide equipment or personnel meeting contract requirements or from substitution of personnel or equipment will be charged to the contract.

INSPECTION OF PERSONNEL

Upon request, the Offeror shall promptly submit completed pilot (and mechanic, if applicable) information forms for all personnel that may be utilized under this contract. Information from these forms will be used in evaluating the pilot's and mechanic's qualifications. Only those individuals whose past experience can be verified will be considered for use on this contract.

Pilot performance evaluation will be conducted to further verify the pilot's ability to perform on this contract. The aircraft used for this evaluation shall be the same type and model as offered for this contract and will be provided by the Offeror for the evaluation flights at the Offerors’ expense. Location of the evaluation flights should include access to terrain similar to that to be flown during the contract period when possible.

Location and time of evaluation flights should be the same time as established for aircraft inspection. The determination as to the ability of the pilot, through an evaluation flight, to successfully meet the requirements of this purchase order will rest with Government.

MAINTENANCE REQUIREMENTS

The aircraft shall be fully maintained by the Offeror. If maintenance is required at locations other than the Offeror’s home base, the Offeror shall provide appropriate maintenance support, equipment and personnel necessary to repair the aircraft. Transportation of maintenance personnel and equipment shall be provided by the Offeror at no additional cost to the Government.

Aircraft shall be maintained in accordance with the manufacturer’s specifications, applicable APHIS regulations, and the company’s operations specifications and maintenance manual. Aircraft components which have been operated beyond the published limitation specified by FAA or the manufacturer will be inspected, overhauled and/or replaced as required by the FAA or by the manufacturer’s publication. Engines and/or major components having to minimize unavailability during the period of performance of the purchase order.

All applicable manufacturer’s mandatory bulletins and FAA Airworthiness Directives shall be complied with prior to performance of this purchase order. Bulletins or Airworthiness Directives published during the purchase order shall be complied in accordance with the individual bulletin or directive.

All maintenance deficiencies existing prior to the purchase order shall be corrected before the starting date of the purchase order. Those deficiencies occurring during the period of performance shall be corrected during normal scheduled maintenance.

The Offeror shall assure that all maintenance performed on aircraft is recorded in the affected aircraft’s maintenance record in accordance with FAR 43 and FAR 91. In addition to aircraft time in-service, the hour meter reading shall be recorded for all maintenance record entries. A copy of the aircraft’s current maintenance record, containing as a minimum the information required by FAR 91.417, shall be kept at the designated base.

A separate list of FAA Airworthiness Directives and Manufacturer’s Mandatory Service Bulletins on the make and model of aircraft offered will be made available, recording whether applicable or not and if applicable the date and airframe total time at compliance, method of compliance, next compliance due date if recurring, and authorized signature and number. List will be similar to that shown in Advisory Circular 43-9A, Appendix 3.

The Offeror shall supply at the time of the initial agency inspection a list of all items installed on the aircraft which are required to be overhauled or replaced on a specified time basis. This list shall include the component names, serial numbers, service life (or inspection/overhaul time), total time since major inspection.

The Offeror shall immediately notify the Contracting Officer or his/her authorized representative of any proposed change of any engine, power train, flight control, or major airframe.

Routine maintenance shall be performed before or after the daily use or as approved by the Contracting Officer or his authorized representative.

The aircraft’s required weight and balance data shall current and updated following any major repair or major alteration or change to the equipment list which affect the center of gravity of the aircraft.

The aircraft’s static system, transponder and encoding altimeters system shall be maintained in accordance with the requirements of FAR 91.215.

A test flight shall be performed at the Offeror’s expense following overhaul, or replacement of any engine, propeller, major component, or flight control equipment, and following any adjustment of the flight control system before the aircraft resumes service under this purchase order. The result of the test flight shall be logged in the aircraft records by the pilot.

The aircraft shall have a maximum time available between scheduled/required inspections available for use at the start of the purchase order period. The aircraft engine and any ‘time change’ components, shall have not less than 400 hours with a stipulation that should the engine have less than 400 hours, proof of replacement engine availability will be required.

HELICOPTER MAINTENANCE

Aircraft shall be operated and maintained in accordance with all manufacturer and applicable Federal Aviation Regulations. For engines, propellers, rotors, and appliances: the Offeror shall ensure that all maintenance performed on aircraft is recorded in the aircraft maintenance records in accordance with FAR Part 135, FAR Part 91, and FAR Part 43 as applicable.

All aircraft and operators covered by this agreement must be certified under the provisions of applicable FAR Parts as they relate to the type of operations being conducted by Wildlife Services under this agreement.

SERVICING REQUIREMENTS

Helicopters shall not be refueled while the engine is running, or rotor blades are turning unless the helicopter and refueling facility is equipped with an approved closed-circuit refueling system.

FUEL, OIL AND SUPPLIES

All fuel used by helicopters shall be approved for use by the engine manufacturer. Additionally, the fuel shall be a petroleum product designed for use in aircraft.

Fuels shall be manufactured, transported, stored and dispensed in strict accordance with procedures formulated for aviation quality fuel standards. Fuels, lubricating oils and hydraulic fluids used to maintain the helicopter shall be supplied by the Offeror. Fueling operations shall comply with the manufacturer's standards. Maintenance of fuel storage and fueling facilities is the Offers’ responsibility.

Refueling in remote locations is not necessary for the needed services.

FLIGHT TIME/DUTY TIME LIMITATIONS FOR AIRCREW MEMBERS

1. Flight crews shall not exceed the following flight time and crew duty time limitations.

(a) Maximum of 8 hours flight time per duty period for single-pilot crew.

(b) Maximum crew duty period including flight and standby time of 12 hours in any 24-hour period. At least 12 consecutive hours of rest will be required prior to each duty period during each 24-hour period.

(c) Maximum of 40 hours flight time during any consecutive 6-day period. This 6-day flight time limitation may be temporarily exceeded during emergency life saving situations, or for unscheduled enroute delays due to weather conditions. When a pilot or crew acquires the maximum number of flight hours in a consecutive 6-day period, he/they shall have the following 24-hour period off-duty and a new 6-day cycle will begin. The 40-hour limitation shall apply to any combination of flight time and performance of mechanical duties for which the pilot may be certified.

2. Pilot time computation shall begin at liftoff and end at touchdown and will be computed from the flight hour meter installed in the helicopter.

3. The Government may further restrict daily flight hour limitations. Pilots may also be removed from duty for fatigue or other causes before reaching their flight hour or duty limitations.

4. All pilot flying time, including both directed flights under this purchase order and for the operator's other activities (charter, instruction, etc.) will be cumulative and subject to the pilot time and duty time limitations of this contract. Pilots exceeding these limitations may be temporarily or permanently suspended from further flights on this contract.

AVAILABILITY OF MECHANIC

The mechanic is not required to remain at the base of operations. However, the Offeror must ensure that the mechanic can report to the designated base or alternate base within 6 hours from the time mechanical services are required.

AVAILABILITY OF SERVICE

The aircraft must be ready to perform flight at the designated base as required by the Contracting Officer or the COR. The schedule of operations will be planned by the Government with the cooperation of the pilot. The Offeror agrees to designate, in writing, the pilot to represent the Offeror on the job for the purpose of planning operations with the Government. The Government may or may not order flight on any day during daylight hours, depending upon the necessity of the work and suitability of flying conditions. Daylight hours are defined as between ½ hour before sunrise to ½ hour after sunset.

ACCIDENT REPORTING AND INVESTIGATION

The Offeror shall maintain an accurate record of all aircraft accidents, incidents and injuries to Offeror or Government personnel arising in the course of performance under this purchase order and shall immediately notify the Contracting Officer of all such accidents, incidents or injuries.

The Offeror shall not permit removal or alteration of the aircraft following an accident until authorized by the Contracting Officer except in emergencies such as threat to life or property, blocking airport runways, etc. The Offeror shall make available his personnel, records, and any equipment, damaged or undamaged, deemed necessary by the Accident Investigation Board to determine accident cause factors.

LIABILITY FOR ACCIDENT INVESTIGATION

The Government will be responsible for any costs involved in disassembly of any aircraft, aircraft engine, propeller, rotor assembly or appliance necessary to determine probable accident or incident cause. The Offeror shall be responsible for any cost involved in reassemble and approval for return-to-service of any item disassembled by the Government.

LOSS OR DAMAGE TO GOVERNMENT-OWNED EQUIPMENT

During the period of performance of the contract, certain Government owned equipment may be assigned to the Offeror. If the equipment is lost, damaged or totally destroyed as a result of the Offeror’s negligence, or as a result of any accident, the fair market value of the equipment will be charged to the Offeror and withheld from payments due under this purchase order. The value of such equipment will not exceed $10,000.

RESCUE AND SALVAGE RESPONSIBILITIES

(a) The Offeror will be responsible for rescue operations of the Government and Offeror’s personnel employed under this contract.

(b) Salvage of damaged or demolished helicopters will be done at the Offeror’s expense. No equipment or personnel performing under this contract may be used on such operations unless authorized by the Government.

(c) When search for and rescue of Government and Offeror’s personnel or repair of helicopters which are out of commission (either at the base camp or in the field) is made necessary by the failure of the Offeror’s equipment or accidents caused by his employees, the cost of such search, rescue and repairs is solely the responsibility of the Offeror.

PERMITS AND LICENSES

The Offeror shall be responsible for obtaining, at their expense, all necessary permits and licenses to comply with all applicable Federal, State, and local laws and regulations.

LIABILITIES OF THE OFFEROR AND THE GOVERNMENT

The Government will not assume any responsibility for loss or damage to equipment owned or operated by the Offeror, his agents, employees or sub-contractors. The Government will not assume any responsibility for injury or death of the Offeror, his agents, employees or subcontractors, caused during the performance of this purchase order. The Offeror will be responsible for the intentional negligent and wrongful acts or omissions of the Offeror, his agents, employees or sub-contractors and employees and agents of the sub-contractor’s incidental to the performance of this agreement.

The Offeror will hold and save the Government, its officers and employees harmless from all liability for any death or damage to all persons, (other than the liability of the Government to USDA employees as provided for under the Federal Employees Compensation Act) real property or personal property which results from the operation of, or incident to, equipment furnished by the Purchase order, or otherwise incidental to performance of the agreement. However, the Offeror will not be responsible for any intentional negligent or wrongful acts of omissions of the US Department of Agriculture employees.

FLIGHT SCHEDULING

Starting approximately on January 4, 2021 the availability of helicopter services to the USDA shall be on a prescheduled basis within 48 hours of a telephone or email request for services.

Missed flight dates due to poor weather will be rescheduled as soon as possible. Pick-up time shall be upon based on current weather conditions. Whenever WS is required to cancel or change a pre-scheduled flight on short notice, no charge shall be made unless the helicopter is already airborne from the helicopter home base at the time of notification.

FLIGHT INITIATION AND TERMINATION

WS personnel and cooperators contributing to accomplishment of the USDA’s mission will normally board the helicopter at Schaumburg Municipal Airport. Flights will normally be terminated at the Schaumburg Municipal Airport. Flights will last a minimum of one hour.

COMPUTATION OF FLIGHT TIME

Helicopter flight time will be paid from the time a helicopter lifts off the ground for a direct flight until it lands. Flight time will be recorded in hours and tenths by means of a flight recording meter activated by the collective control, or some other means to record flight time only.

RECORDING SERVICES

All services received will be recorded on an invoice approved and submitted for payment in WWW.IPP.gov.

PAYMENT TERMS

Payment shall be made only for flight time ordered by the Contracting Officer or her/his authorized representative. Payment will be made to the nearest tenth of an hour of actual flight time. No charge will be allowed for taxes from which the USDA is exempt. The Illinois Exempt

Additional Clauses 52.216-18 Ordering (OCT 1995).

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

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

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

(End of clause)

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

USDA, APHIS, WS

State Director Illinois 52.216-19 Order Limitations (OCT 1995).

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

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

(1) Any order for a single item in excess of 100 hours;

(2) Any order for a combination of items in excess of 100 hours; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

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

(End of clause)

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

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of 3 flight hours within the base period of the contract, but not in excess of 100 hours annually.

(End of Clause)

452.216-74 CEILING PRICE (FEB 1988)

The ceiling price of this contract is $225,000.00. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the Contractor's own risk.

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

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

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

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

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

(End of clause) 52.204-9 – Personal Identity Verification of Contractor Personnel (JAN 2006)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally controlled facility or access to a Federal information system.

452.204-71 PERSONAL IDENTITY VERICATION OF CONTRACTOR EMPLOYEES (Oct 2007)

(a) The contractor shall comply with the personal identity verification (PIV) policies and procedures established by the Department of Agriculture (USDA) Directives 4620-002 series.

(b) Should the results of the PIV process require the exclusion of a contractor’s employee, the contracting officer will notify the contractor in writing.

AGAR Advisory No. 81, Revision 02, Page 4 of 6

(c) The contractor must appoint a representative to manage compliance with the PIV policies established by the USDA Directives 4620-002 series and to maintain a list of employees eligible for a USDA LincPass required for performance of the work.

(d) The responsibility of maintaining a sufficient workforce remains with the contractor. Employees may be barred by the Government from performance of work should they be found ineligible or to have lost eligibility for a USDA LincPass. Failure to maintain a sufficient workforce of employees eligible for a USDA LincPass may be grounds for termination of the contract.

(e) The contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system.

(f) The PIV Sponsor for this contract is a designated program point of contact, which in most cases is the Contracting Officer Representative (COR), unless otherwise specified in this contract. The PIV Sponsor will be available to receive contractor identity information from * (hours and days) to * (hours and days) at * (office address for registration). The Government will notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration; however, it is the contractor’s responsibility to meet all aspects of paragraphs (c), (d), and (e).

(End of clause)

452.237-74 Key Personnel. (FEB 1988)

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

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

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

(End of Clause)

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

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

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

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

(End of Clause)

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

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Oct 2020)

(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.] __ (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).

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

__ (10) [Reserved].

__ (11) 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) 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) 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) 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) an(3)).

__ (17) 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)) 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) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).

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)).

__ (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).

__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ Alternate I (Feb 1999) of 52.222-26.

_X_ (31) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ Alternate I (Jul 2014) of 52.222-35.

__X (32) 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) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

_X_ (36) 52.222-54, Employment Eligibility Verification (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) 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.)

__ (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) 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) 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) 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).

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

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

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

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

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

__ (49) 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) 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).

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).

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

__ (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.