DRAFT SMALL SHRC PWS v 2.0-Final.docx

INSERT SOLICITATION #: TBD

U.S. DEPARTMENT OF

HOMELAND SECURITY

U.S. Immigration & Customs Enforcement Special High Risk Charter Flights

Performance Work Statement

1.0 Background

The United States Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) is responsible for the detention, health, welfare, transportation and deportation of alien detainees in removal proceedings, and those subject to final order of removal from the United States.

The mission of the Enforcement and Removal Operations (ERO) is the planning, management and direction of broad programs relating to the supervision, detention, and deportation of detainees who are in the United States illegally. These activities are chiefly concerned with the processing and enforcement of departure from the United States of detainees who have entered illegally or have become removable after admission. In implementing its mission, ERO ICE Air Operations Division (IAO) is responsible for carrying out orders for the required departure of detainees handed down in removal proceedings, or prior thereto, and arranging for detention of detainees when such detention becomes necessary. To accomplish this mission, ICE requires charter aircraft services as described in this Performance Work Statement (PWS).

1.1 Scope

IAO has a requirement for worldwide charter aircraft services for ICE Special High-Risk Charter (SHRC) missions in order to provide reliable, safe, and secure air transportation of alien nationals in federal custody. The contract scope includes the use of 14 CFR Part 135 aircraft (see 2.0 Technical Requirements) with 14 CFR Part 135 Operator program management oversight of all flight crews, equipment, materials and maintenance, flight planning/operations, and safety management systems (SMS) necessary for worldwide charter aviation missions. IAO expects to conduct approximately thirty-six (36) SHRC flights annually with a guaranteed minimum of eight hundred (800) block hours annually with a block hour ceiling of 1,800 annually. IAO may require simultaneous missions that will require a second aircraft. IAO passengers will be allowed baggage with an average weight of 40 lbs. Aircraft and crews will be required to remain overnight (RON) on SHRC flights. Crew staging and/or crew augmentation will be required on SHRC flights.

1.2 Definitions

Contracting Officer (CO) - the person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer’s Representative (COR)—the individual(s), including alternates, designated and authorized in writing by the CO to perform specific technical or administrative functions under the contract.

Flight Duty Period (FDP) - shall be governed in accordance with 14 CFR Part 135.

Flight Time – the time in hours for each leg commencing when the aircraft starts movement for flight and ending when the aircraft comes to a rest at the destination gate or parking location. For the purposes of this PWS, flight time is equal to aircraft block time.

Flight Time Limits - shall be governed in accordance with 14 CFR Part 135.

Special High Risk Charter (SHRC) - Flights between the continental US and locations outside the continental US for removals that are unable to be served by a daily scheduled large aircraft charter flight for reasons including, but not limited to, the following: uncommon or long-distance destination, failure to comply with removal proceeding, high profile removal, etc.

1.3 Anticipated Period of Performance

Base Period: 9/1/2020 – 8/31/2021 Option Year 1: 9/1/2021 – 8/31/2022 Option Year 2: 9/1/2022 – 8/31/2023

2.0 Technical Requirements

SHRC aircraft type should be the most cost-effective solution to meet IAO mission requirements:

· The contractor shall provide one (1) primary and one (1) alternate aircraft capable of transporting a minimum of 14 passengers with a minimum range of 4,000 nautical miles with a payload of 3,000 lbs. in IFR conditions.

· The contractor shall provide a second alternate aircraft capable of transporting a minimum of 15 passengers with a minimum range of 5,500 NM with a payload of 4,000 lbs. in IFR conditions.

· Primary and alternate aircraft will operate under a current and valid Title 14 CFR Part 135 Certificate with Operating Certificate authorized for worldwide operations under FAA and ICAO rules.

· All aircraft must be long-range (over water) capable.

· Aircraft and flight crew shall be in position a minimum of one (1) hour prior to the scheduled departure time for passenger loading.

· Aircraft will have an operational satellite phone that is assessable to ICE officers.

· Aircraft will have a standard first aid kit and automated external defibrillator (AED).

· Aircraft will have a functional (fully enclosed) lavatory and toilet with external servicing provisions.

· Flight crews will be available to support multi-day missions (to include crew staging, crew augmentation, and scheduled RONs) in accordance flight/duty day limitations defined in Title 14 CFR Part 135 and all applicable regulations.

· At a minimum, a cabin attendant/cabin aide is required for all flights.

2.1 Scheduling

SHRC aircraft will be required to depart from the IAO designated airport within ten (10) business days of the mission tasking. The IAO mission tasking will include departure airport, estimated number of passengers, estimated passenger and cargo weight, and the destination airport(s) with arrival time windows. A mission tasking less than ten (10) business days may be requested, but contractor acceptance will be subject to the availibility of aircraft and crews.

Within 72-hours of the mission tasking, the contractor shall provide the COR a detailed final trip brief to include the flight itinerary with arrival and departure times at each location (local time and Eastern Standard Time), the flight crew members through each segment, the crew staging/augmentation plan, airport fixed base operators (FBO) for each segment, catering plan, crew hotel information, and aircraft configuration. Trip brief format will be provided by IAO.

During mission planning, IAO may request proposed flight itineraries, flight routing information, crew names and aircraft availibility. When requested for mission planning purposes, the contractor will provide the aforementioned information to the COR within 12 hours.

Prior to departure, the contractor shall provide the COR the flight risk assessment tool (FRAT) for the mission. Updates to the FRAT will be provided for changes to overall risk (as needed).

2.2 Cancellations

The government retains the right to cancel or modify any planned flight prior to the latest departure time without penalty. The contractor has the right to recover actual costs incurred for flight planning, positioning of support assets, and personnel to perform the flight(s) as scheduled which were incurred up to the point of cancelation by the government. ICE will make efforts to make the contractor whole in accordance with FAR 52.212-4(I), Termination for Convenience of the Government. The request for compensation of costs incurred due to cancellation by the government will need to be submitted in writing to the Contracting Officer. The request must be accompanied by an invoice, with receipts to substantiate the costs listed on the invoice. The government will not reimburse the contractor for any invoiced costs that are not substantiated by receipt of payment, or billable hours or salary of contract employee who were to perform functions associated with the flight.

2.3 Flight Plans

Flight plans should be filed for direct flights with minimum en route technical stops. En route technical stops require prior approval from the COR.

Aircraft operator responsible for weight of aircraft, crew, passengers, and baggage to maintain the aircraft operations in accordance with weight and balance parameters of the Flight Operations Manual for the applicable aircraft being used.

For all flights, takeoff will be accomplished after gate departure without undue delay unless caused by the controlling civil aviation authority.

Copies of flight plans (including any with changes made by the flight crew) shall be made available for review when requested by the COR.

2.4 Servicing

The Contractor shall park the aircraft at loading and unloading locations within the selected airports after coordination with the COR. The Contractor is responsible for servicing the lavatories and cleaning of the aircraft prior to each flight. The Contractor is responsible for scheduling ground servicing and support, including towing, parking, re-fueling, lavatory servicing and aircraft cleaning.

IAO reserves the right to replace an airframe that is deemed unable to meet operational or safety levels suitable to meet the IAO mission profile. The replacement airframe will remain in service until suitable repairs are made to the aircraft in question. The Contractor will provide the COR and ICE Aviation Safety Officers (ASOs) notification of known aircraft items to be placed into deferral status as soon as possible, but prior to departure. The IAO Contract Aircraft Deferral Notification form (Attachment A) will be used to notify IAO of the deferred item. The deferral notification form must be emailed to the COR and ASOs and include the plan to supply additional support equipment, to be in place at all required stops, to support the aircraft for duration of the mission. The specific deferral items are, but not limited to, the following categories: APU, Electrical Power, Cabin Temperature control, Aircraft pressurization, Seats, Lavatories, and the P.A. system. Therefore, the Government reserves the right to cancel or alter a mission, at no cost to the Government, due to 1 of the listed items being inoperative and the Contractor’s inability to provide additional support to the aircraft at any of the mission stops.

During hot weather operations, the Contractor shall ensure that comfortable cabin temperatures are maintained while on the ground in order to meet current performance-based national detention standards (PBNDS) for detainee passengers.

The contractor is responsible for arranging all ground handling support at departure and destination airports.

The Contractor is responsible for ensuring the ground support equipment (GSE) is available and operational at all stops to support the aircraft assigned to this contract as required. If for some reason a piece of GSE is not operational along a route when required due to aircraft maintenance issues or environmental factors the contractor will immediately notify IAO COR of the situation and work on procuring a replacement GSE equipment. If GSE is not available prior to mission start the COR will be notified.

2.5 Baggage

Each passenger will be allowed baggage with an average weight of 40 lbs.

3.0 Pricing/Cost

This contract will include two contract line item numbers (CLIN); a flight hour CLIN and an Other Direct Cost (ODC) CLIN.

3.1 Fixed Flight Hour Rate

There will be two fixed flight hour rates:

· Aircraft capable of transporting a minimum of 14 passengers with a minimum range of 4,000 nautical miles with a payload of 3,000 lbs. in IFR conditions.

· Aircraft capable of transporting a minimum of 15 passengers with a minimum range of 5,500 NM with a payload of 4,000 lbs. in IFR conditions.

The fixed flight hour rates will include: aircraft, flight crew, maintenance, all required insurance, and all operating costs associated with flight planning and program management to include:

· Coordination and arrangement of all required flight plans, clearances, landing permits, Aircraft and Personnel Automated Clearance System (APACS) requests, and customs arrangements/E-APIS.

· Administrative costs associated with the management of the contract to include flight scheduling, flight dispatch, flight following, and all associated program management staff required to administer the contract.

· Administrative costs associated with flight crew requirements to include salaries, background checks, inoculations, and passports.

3.2 Other Direct Costs (ODC)

The following pass through costs may be invoiced as ODCs:

· Justifiable and documented 14 CFR Part 135 crew staging costs, crew augmentation costs, and RON costs to include crew staging transportation (ground and air), Crew Lodging, and Crew Per Diem. (See Section 3.3 for positioning costs. See section 5.4 for Per Diem guidance.)

· Crew Visas.

· Contractor purchased fuel. (See section 5.3 for fuel guidance)

· Documented aircraft handling fees, parking fees, landing fees, transit/overflight fees, international customs fees, and miscellaneous international operating fees charged by a foreign government or airport.

· Aircraft de-icing.

· Catering. (See section 3.4 for catering guidance)

· Obtaining special equipment (not already required for the operator to comply with 14 CFR Part 135) for the transport of handicapped/special needs passengers.

· Non-flight related requirements directed by IAO (training requirements, crew interviews, etc.)

· Aircraft repair costs for damage caused by IAO passengers (other than normal wear and tear).

· Standby crew costs for staged crew members not in a flight status. These costs will not exceed approved contract standby crew rates.

· Mission specific costs incurred based on IAO requirements (late-checkout, extended ground time, expedited mission requests).

All ODC costs require prior approval from the COR. ODC requests will be in writing (email is acceptable). The initial ODC request will be submitted no later than 72-hours from the mission departure. If required, revised ODC requests will be submitted for COR approval prior to cost being incurred.

Third-party fees for services that fall under Section 3.1 fixed flight hour rate are not authorized ODC costs.

A flight itinerary and crew augmentation/staging plan will be provided to the COR for augmented crews, crew staging, and RONs prior to ODC approval.

All ODC costs require receipts when invoiced.

Charges for SHRC flights, other than authorized ODCs, will not be reimbursed.

3.3 Positioning Costs

Phoenix-Mesa Gateway Airport (IWA) is the primary IAO hub. Positioning costs (flight hour rate and crew ODCs) will not be reimbursed for flights scheduled to depart and return to IWA. When IAO requests a mission to depart or return to an airport other than IWA, positioning costs (flight hour rate and crew ODCs) will be reimbursed using the flight hour rate and authorized ODC costs.

3.4 Catering

All SHRC flights will require commercial airline quality catered meals for all passengers. Legs of up to two hours will require a large snack. Legs up to four hours will require a hot meal. Legs of four hours or more will require both a hot meal and a large snack. Sufficient bottled water for all passengers shall be provided for each leg. Halal meals may be requested for select SHRC missions.

Due to passenger meal requirements, the catered meal plan will be approved by the COR prior to each SHRC mission.

3.5 Fuel

Government fuel will be available for contactor use. During mission planning, the contractor will notify the COR if the Defense Logistics Agency (DLA) Air Card is accepted at the mission designated airport fixed based operators (FBO).

Based on mission requirements, the use of contractor fuel cards will be required for some fixed based operators. If the commercial fuel price at a mission designated FBO is more cost effective than the DLA Air card fuel price, the contractor will uplift the most cost-effective fuel option.

4.0 Contractor Personnel Requirements

The Contractor will certify in writing to the COR, that all Contractor personnel (including pilots, cabin attendants/cabin aides, program management staff, flight operations/dispatch staff and maintenance personnel) are U.S. citizens, have successfully completed a 7-year criminal background investigation within the previous 12 months, and that based on the results of that background investigation, a determination has been made that all personnel are qualified to perform duties associated with these flights. Any felony conviction, regardless of when occurring, will preclude qualification.

The Contractor is responsible for completing the criminal background investigations for employees that directly support the IAO contract to include program management, flight crews, flight dispatch, flight operations, and and safety staff.

The Contractor will provide a current personnel security roster to the COR (an initial report with updates as required). The personnel security roster will list the name, date of birth, place of birth, citizenship, criminal background investigation date, passport number and passport expiration date for all contractors.

All contractors and Sub-Contractors that could come into contact with ICE Detainees are required to take the ICE Prison Rape Elimination Act (PREA) training prior to participating in an ICE flight. The contractor will provide a signed training compliance document to the COR for all applicable contracted employees.

Personnel Security reporting templates will be provided by IAO.

4.1 Crew Requirements

SHRC flights will be completed with the minimum number of flight crewmembers per Title 14 CFR Part 135 (to include a cabin attendant/cabin aid) required to meet the IAO mission requirement.

In addition to Section 4.0 requirements, flight crews will also meet the following requirements:

· All flight crew members will have valid passports.

· All flight crew members will have all visas and inoculations required for all scheduled destinations.

· All flight crew members acting as pilot in command must hold aircraft category, class and type rating requirements for that aircraft in accordance with FAA regulations and operating manual.

· All flight crew members acting as second in command must hold a type rating requirement for that aircraft in accordance with FAA regulations and operating manual.

· All flight crew members will maintain a valid FAA Medical Certificate and be in good physical condition in accordance with FAA regulations and operating manual.

· All flight crew members will be qualified for international and long-range overwater flights.

5.0 Invoicing

Invoices will be submitted for each mission. Invoices will include: ICE Air invoice template (to be provided); dates and routes of each flight with hours flown; subtotals of hours flown, legible copy of the official flight log used to determine billable flight hours; pass through costs invoiced as ODCs (see section 5.2); fuel purchase receipts and a legible fuel purchase log denoting gallons purchased and price per gallon paid (see section 5.3). Contractors may submit up to two invoices to capture ODC cost receipts not immediately available at the close of the invoice period.

5.1 Invoicing Flight Time

Flight time is the actual time in hours and minutes for each leg commencing when the aircraft starts movement for flight and ending when the aircraft comes to rest at the destination gate or parking location. For billing purposes, flight time shall be expressed in actual hours and minutes only. Minutes shall not be rounded up or down. Flight hour charges will be computed for each leg using hours plus actual unrounded minutes of flight time converted to hundredths of an hour (minutes divided by 60 and then rounded up or down to 2 decimal places) multiplied by the cost per flight hour. Only flight hour charges submitted with complete flight logs will be reimbursed.

5.2 Invoicing ODCs

ODC invoices will include:

· Legible receipts for all invoiced ODC expenses authorized in Section 3.2.

· Itemized lists for catering expenses.

· Documentation of COR approval for ODC expenses (IAW section 3.2). Email correspondence is acceptable.

· Currency conversion rate documentation for currency conversion rates on the date of the purchase receipt.

5.3 Invoicing Fuel

For contractor purchased fuel, a scanned copy of the actual receipt will be provided at time of invoice. Fuel receipts must include gallons purchased and price per gallon plus any fuel taxes and surcharges.

Contractor purchased fuel will be invoiced as an ODC.

The contractor will not include government fuel costs in the invoice. When government fuel is uplifted, the contractor will annotate “DLA Fuel” on the ICE Air invoice template to annotate that government fuel was used.

5.4 Invoicing Hotel/Transportation/Per Diem

Contractor for expenses incurred for transportation and per diem, approved by the COR, will be reimbursed consistent IAW FAR 31.205-46. Invoices for this expense item shall be supported by paid receipts. World-wide government hotel and per diem rates may be accessed at the following link: http://aoprals.state.gov/web920/per_diem.asp.

Commercial air travel will be at the lowest available coach rates. Rental car charges, unless specifically authorized by the CO or COR, will not be reimbursed. If airport/hotel shuttle service is not available, crew ground transportation will be reimbursed from airport to hotel and hotel to airport, using the most economical option available.

6.0 Operational Requirements

The contractor will operate in accordance with FAA/ICAO regulations and use only pilots and crewmembers qualified, current and authorized to act as flight crewmembers under the operator certificate. Cabin attendants/cabin aides will be provided to meet operator requirements but will not interact with the alien nationals.

The contractor will be required to have Department of Defense Aircraft and Personnel Automated Clearance System (APACS) access for aircraft and personnel travel requests.

6.1 Available Seats and Cargo Space

The Government reserves the right to occupy any available or empty seats and available cargo space on all legs of missions at no additional cost where such allowances do not result in any deviation to the scheduled mission and comply with 31 USC 1301(a). Any use of the aircraft by other U.S. Government agencies under this contract must be approved in advance by the Assistant Director, Removal or higher as well as the Contracting Officer.

If supporting other government agencies, carriage of weapons and mission related equipment may be required on some flights.

6.2 Data Protection

The Contractor shall handle sensitive but unclassified information IAW MD 11042.1, Safeguarding Sensitive But Unclassified (FOUO) Information. Prior to each flight, ICE will provide the Contractor the names and identifying information of each foreign national and escort officer on the flight for inclusion in the flight plan. ICE will transmit the information encrypted and password-protected via email and provide the Contractor the password in a separate email. Subsequent transmissions of the information by the Contractor (e.g., to a subcontractor) will also be encrypted and password-protected if sent by email. If sent via fax, the Contractor will notify the recipient before transmission to ensure receipt. The Contractor will retain this information for 180 days after the flight. The Contractor will require that any subcontractors also adhere to these requirements for transmission of data and retention. The requirements above apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the Contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions and requirements set forth in this paragraph will be attributed to the Contractor.

6.3 U.S. Government Responsibilities

The U.S. Government will ensure that all passengers to be transported shall have completed security screening and have proper documentation to permit departure to the foreign destination(s).

Onboard U.S. Government officials will be responsible for all direct liaison and discussion with foreign government officials regarding passenger immigration and the reasons for their transport.

The U.S. Government will provide flight schedule requirements in accordance with section 2.1.

The U.S. Government will provide the Contractor with a manifest containing the names of all passengers for each flight prior to departure.

The U.S. Government cannot guarantee acceptance of all boarded passengers by foreign governments. Responsibility for handling any incidents of non-acceptance shall fall on the U.S. Government, not on the Contractor.

The U.S. Government will ensure that sufficient funding is available to cover the cost of all scheduled flights regardless of whether sufficient funding has been obligated to the task order at the time of scheduling.

6.4 Required Insurance and Liability Coverage

Prior to performance of any services the Contractor shall procure and maintain during the entire contract period of performance the following insurance coverage:

· Liability Insurance. The Contracted Carrier shall procure and maintain during the term of this agreement, and any extension thereof, aircraft and General Public Liability Insurance in accordance with 14 CFR 205. The minimum required liability limit coverage for each aircraft shall be $100,000,000.00 for each occurrence.

· Insurance Certificates. Contractors shall have required insurance coverage in force throughout performance of services. Copies of current insurance certificates must be provided to the Government upon request and areas in the certificates denoting Liability and Hull insurance should be highlighted for easy reference.

· Workers Compensation. The Contractor shall maintain workers compensation insurance providing applicable statutory benefits for all employees performing services pursuant to this Agreement. The cost of such workers compensation insurance premiums is the Operator’s responsibility.

· Conditions of Insurance. Each such policy shall insure the Contractor’s contractual liability to ICE contained in this Agreement. The geographic limits, if any, contained in each and every such policy of insurance shall include at the minimum all territories over which Operator will operate the Aircraft for which the insurance is placed. If the policy is cancelled, the Operator shall give ICE written notice as soon notification is received.

· Other Insurance(s) As Requested. In certain instances, the Government may require additional or supplemental insurance.

· The Contractor shall be in compliance with all safety and Health Standards per 29 CFR 1910, 29 CFR 1925 and 41 CFR 50-204 for personnel fulfilling the scope of this contract.

6.5 Contract Management

The Contractor shall provide continuous management oversight to ensure that all services required under the contract are performed in a timely and satisfactory manner in accordance with the Contractors Title 14 CFR Part 135 Operating Certificate, FAA/ICAO regulations, and the IAO contract.

A Contractor Project Manager (PM) will be Key Personnel in accordance with HSAR 3052.215-70 Key Personnel or Facilities (DEC 2003). The PM shall have a minimum of 5 years’ experience in managing worldwide 14 CFR Part 135 Operations. The PM, or a PM designated representative, will be available via phone and e-mail twenty-four hours a day, seven days a week, during the contract period of performance. The PM will provide IAO a list of designated PM representatives by functional area (dispatch, scheduling, flight operations, safety, and finance/invoicing).

7.0 Safety

The Contractor shall develop, maintain and utilize programs necessary to assure safety of ground and flight operations. The development and maintenance of these programs are a material part of the performance of the contract. When the agency aviation safety officer (ASO) determines the safety programs do not adequately promote the safety of operations, the Government may terminate the contract for cause when factors indicate a lack of compliance. The Contractor shall cooperate to the fullest degree when requests for information regarding IAO safety concerns, and incident investigations are requested of them, to include but not limited to technical data, statements, timelines, training documents, and photographs.

For the purpose of ensuring contractual compliance, IAO ASO will have access to the aircraft operator manuals and supporting records that are required by Title 14 CFR Part 135 and as put forth by Federal Management Regulation (FMR) 102-33.125-185. This access extends to all subcontractors that perform the actual contract scope of aircraft operations (i.e., provides Operations Manual, General Maintenance Manual, Maintenance Manual, MEL for ACFT, Training Program manual, and Safety Program Manual), these can be supplied as electronic PDF, Word document or HTML internet access read only format. In addition, the Contractor and/or subcontractors that perform the actual contract scope of aircraft operations (i.e., provides the aircraft, flight crew, maintenance, and flight operations) defined as air carriers will have in place a FAA-required SMS per Title 14 subchapter A Part 5 after March 19, 2018. IAO would like the Flight Officer in Charge (FOIC) and ASO to participate in the carrier(s) SMS program, giving them the ability to submit safety concerns via the Contractors’ or subcontractors’ SMS confidential reporting system. The safety concern submission process will be determined in conjunction with the awardee after the contract has been awarded. Any determination of non-compliance with Federal Regulations will be communicated at the time of inspection and elevated as required for appropriate action.

The Contractor shall provide IAO ASOs maintenance reports of aircraft discrepancies.

In the event, the Contractor provides an airframe that requires training for the aircraft crew, maintenance or ground handling personnel, IAO personnel, at the Government’s expense, will be allowed to participate in the above stated training for familiarization purposes.

The Contractor and subcontractors shall maintain good housekeeping practices at all times on aircraft operational ramp and ramp apron areas, to include Foreign Object Damage (FOD) debris removal, general safety practices and maintenance of Ground Support Equipment (GSE). Contractor shall dispose of hazardous materials (HAZMAT) in compliance with carrier’s hazmat disposal plan and in compliance with Airport regulations at all IAO aircraft’s base locations.

The Contractor and all subcontractors may be required to participate in an annual tabletop exercise to support the IAO Accident Response plan. All ICE directed exercises will be announced at least 30-days in advance and will be reimbursed using ODCs.

7.1 Aircraft Mishap/Emergency Response Plans

The Contractor shall ensure compliance with the following requirements related to aircraft mishaps/accident response:

· Established accident notification procedures in accordance with Title 14 CFR Part 14 CFR Part 135, Subpart A, § 135.23, Item (d);

· Compliance with Title 49 CFR, Chapter VIII, Part 830 – Notification and reporting accidents to the National Transportation Safety Board (NTSB);

· Compliance with Title 49, U.S. Code, Subtitle VII, Part A, Subpart ii, Chapter 411, § 41113 and will have an aircraft accident plan to address the needs of families of passengers that includes:

1. Information detailing the operations and services to be supplied specifically in support of IAO;

2. The requirement for immediate notification to IAO in the event of an aircraft accident/incident;

3. The requirements for documented training of those involved in accident/incident response;

4. Periodic tests/exercises to ensure effectiveness of the response plan.

In the event of an aircraft incident/accident, the Contractor and/or contracted certificate holder shall be responsible for all resulting costs including all costs for family care and assistance (for example: transportation, lodging, and meals).

8.0 Mission Performance

The return of alien nationals to their countries of origin requires large expenditures by participating foreign governments in resources, facilities, and personnel. Scheduled arrival times are the result of diplomatic negotiations and any delays can result in diplomatic relations difficulties, inconvenience to foreign officials/administrative personnel, and additional costs. Because arrival at the scheduled time is so important, any flight that departs the gate or loading area to commence taxi for takeoff more than one (1) hour after the scheduled departure time due to Contractor-caused delays will be considered a late departure; Any flight arriving at a destination more than one (1) hour after the scheduled arrival time due to Contractor-caused delays will be considered a late arrival. Late departures and late arrivals may result in an assessment of liquidated damages as set forth in Section 8.2.

To determine applicability of performance measures, the COR will use departure and arrival times recorded by the onboard ICE Officer in Charge and agreed to as being accurate by the senior onboard contractor representative. Any departure time disputes will be resolved before the aircraft leaves the gate or departure area.

8.1 Delays and Cancellations

Aircraft shall be maintained in accordance with the operator’s manual. Maintenance issues will be reported to the COR as soon as possible. The final “Go/No Go” decision by the COR will be required no later than one hour prior to the scheduled departure time. Cancellations due to maintenance may result in an assessment of liquidated damages as set forth in Section 8.2. ICE will not be responsible for costs incurred because of mechanical failure or for any reason not caused by the Government.

Any flight, which due to Contractor-caused delays, is unable to depart the gate or loading area prior to the latest departure time provided for each flight may be cancelled by the COR.

See section 2.2 for cancellation terms.

8.2 Liquidated Damages

Non-availability of aircraft and/or crew, late departures, late arrivals, cancelations and other instances of Contractor nonperformance that results in probable damages to the Government will result in the assessment of liquidated damages. These costs may include but are not limited to: ICE Officer per diem, bus transportation, and $250.00 per day, per alien national for each day required to be detained at Government expense beyond the original scheduled departure time. Liquidated damages will not exceed the total cost of the scheduled flight determined by the flight itinerary. Charges may be assessed for cost incurred regardless of whether or not the Contractor is able to make an aircraft available in time to meet a re-scheduled departure time. Aircraft substitutions less than 24 hours prior to the scheduled departure time will only be permitted to replace mechanically deficient aircraft or for other unusual circumstances, but in all cases, require prior approval by the COR to verify validity of the requirement for a change of aircraft.

9.0 Deliverable Reports

The Contractor shall provide reports to the COR including, but not limited to:

· Personnel Security Roster (See Section 4.0) – Initial report and updated reports within 72-hours of a personnel change.

· Invoice Reconciliation Report (See section 5.0) – Invoices will be submitted for each mission, not to exceed 2 invoices per mission. This report will accompany invoices and include an itemized invoice summary for all costs being invoiced.

· Pilot Experience Report – Initial Report with quarterly reporting requirements due NLT than the 15th of September, January, April and July. At a minimum, this this report will contain pilot certifications/ratings and experience levels.

· Safety Management System (SMS) Report (See section 7.0) – Quarterly reporting requirements due NLT than the 15th of September, January, April and July.

· Safety Incident Report (See Section 7.0) – Required for all aircraft accidents or incidents including flight crewmembers involved / aircraft type/ registration number / dates / location / number of passengers). Accidents, incidents, and /or violations must be reported immediately upon occurrence.

All reporting will be based upon industry best practices and provided at no additional cost to the Government. The Contractor must ensure the security of all sensitive personally identifiable information (SPII) included in reports.

ICE Air will assist with the development of the reporting templates.

9.1 Delivery Performance Objectives

This is a performance-based contract that will utilize a Quality Assurance Surveillance Plan (QASP) to document performance. IAO will provide a QASP report on a quarterly basis.

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