ATCH 3 - ADDITIONAL BPA INFORMATION.pdf

REQUEST FOR QUOTATION (RFQ) HTC71122QR010

ATTACHMENT 3

ADDITIONAL BLANKET PURCHASE AGREEMENT (BPA) INFORMATION

1. PRICE LIST.

a. The contractor shall provide pricing for round-trip missions and/or point-to-point missions.

When round-trip missions are ordered, the Government shall pay the positioning leg miles, the active leg miles, and the depositioning leg miles in accordance with the description provided under paragraph 1 in the price list. When point-to-point missions are ordered, the Government shall pay the positioning leg miles and the active leg miles. The contractor will not be paid for the depositioning leg miles when point-to-point missions are ordered. However, if base or airport regulations do not allow the aircraft to remain after debarkation of the patient, depositioning costs to the closest civilian airport that will accept the aircraft will be paid.

b. The contractor is allowed to revise their price list, which is subject to the approval of the

Contracting Officer (CO). No more than one revision to each price list per 12-month period may be submitted for approval.

c. Invoices for services performed shall be submitted in accordance with the approved price list in effect on the date of the respective call.

2. BPA INFORMATION.

BPA Master Dollar Limit: $42,000,000 (For all BPAs)

BPA Call Limit: $250,000.00

Period of Performance: 01-Oct-2022 to 30-Sep-2027

FSC Code: V221

3. INVOICES.

a. All invoices, except those for ground transportation, shall be submitted using Wide Area

Workflow (WAWF) via the Procurement Integrated Enterprise Environment (PIEE) website.

See Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7006 for WAWF payment instructions.

b. Invoices for ground transportation shall be sent to the originating facility.

c. All services completed under this BPA shall be accompanied by sales slips that shall contain the following minimum information:

Name of Supplier

BPA Number

Date of Service Request

Purchase Number

Itemized List of Services Furnished

Quantity, Unit Price, and Extension of Each Service

Date Service was Provided

d. Invoices shall identify the call number, aircraft tail number used, date and time of each mission, quantity of Great Circle Statute Miles (GCSMs) flown, and the number of hours and level for all medical personnel used. GCSMs flown shall be invoiced showing positioning leg miles, active miles (patient/medical personnel on-board), and depositioning leg miles (if a round-trip mission). NOTE: The Government’s obligation for payment of the positioning leg miles shall be for actual miles flown, but it shall not exceed the mileage between the contractor’s primary operations location and the patient’s embarkation point. The Government will pay for all

GCSMs and applicable medical personnel rates according to the price list. For round-trip missions, the Government’s obligation for payment of depositioning leg miles shall be for actual miles flown, not exceeding the mileage between the patient’s debarkation point and the contractor’s primary operations location. Mileage will be determined by the Great Circle Mapper website at http://gc.kls2.com/. Reimbursable expenses must be identified separately, and receipts must be provided for all expenses claimed.

e. Should the Government cancel a scheduled flight after the Contractor’s aircraft has already departed its home base enroute to position, the Government shall reimburse the contractor actual miles and hour(s) incurred (beginning when the positioning leg miles started and concluding immediately when depositioning leg ends) at the GCSM and Medical Personnel rates set forth in the price list.

f. Landing/Parking/Airport Fees. In the event the contractor is directed to land at a civil airport by the Government, the contractor will be reimbursed, at cost, for airport fees assessed by the airport. Airport fees include landing fees, ramp fees, and parking fees. The contractor shall provide copies of paid receipts with the invoices.

g. Any Federal Transportation Taxes (reference Public Law 97-248, Tax Equity and Fiscal

Responsibility Act of 1982) that the contractor is required to pay in the performance of this contract shall be added to the contractor’s invoices as a separate item, and the Government shall reimburse the contractor for the amount of such taxes.

h. The contractor shall be reimbursed for food and lodging if required to remain overnight

(RON) while performing a mission under this BPA. Lodging and food shall not exceed the limits stated in Public Law 99-234 as provided in FAR 31.205-46(a)(2). Lodging and food arrangements are the contractor’s responsibility.

i. Fuel Reimbursement. In order to protect the contractor and the Government from significant market fluctuations, fuel will be reimbursed using aircraft burn rates based on the following calculations:

(a) The contractor’s fuel burn rate, established in the List of Aircraft, is multiplied by the total mileage flown in performance of the mission. In the case of a substitute aircraft not http://gc.kls2.com/ listed in the schedule, the lower burn rate of the substitute aircraft or the aircraft normally used in performance of the contract shall be used.

(b) The product is then multiplied by the price per gallon paid.

Example:

Miles flown in support of the mission = 3,654

Burn rate for aircraft type (in schedule) = 4.21 gallons per mile

Actual average cost per gallon = $4.6308

Calculation:

Miles * Burn Rate * Cost Per Gallon = Fuel Reimbursement. 3,654 * 4.21 * $4.6308 =

$71,237.17

j. A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all services performed during a billing period, identifying the sales slips covered therein and stating their total dollar value. Services performed shall be supported by receipt copies of the sales slips.

k. Copies of all medical documentation utilized for all services completed under this BPA will be scanned digitally and emailed to transcom.scott.tcsg.mbx.patient-movement-safety-program@mail.mil no later than 48 hours after completion of the service. All medical documentation shall be protected in accordance with Health Insurance Portability and

Accountability Act (HIPAA) requirements; refer to https://www.hhs.gov/hipaa/for-professionals/index.html.

4. DESCRIPTION OF BPA.

a. If and when requested by authorized representatives of the Contracting Officer, the contractor shall furnish air ambulance service from Outside the United States (OCONUS) to the

Continental United States (CONUS) (i.e., intertheater air ambulance service), and within

CONUS (i.e., domestic air ambulance service) for the movement of Department of Defense

(DoD) eligible patients using contractor-furnished aircraft configured to air ambulance standards.

Special requirements may be offered on a case-by-case basis. In the future, service areas may be expanded to include within OCONUS Geographic Combatant Commands (GCCs) (i.e, intratheater air ambulance service). The term of the BPA shall be from 1 October 2022 (or date of award if subsequent thereto) through 30 September 2027, unless canceled sooner under the provisions of the BPA. The contractor shall provide all personnel, services, equipment, tools, fuel, oil, materials, facilities, supervision, and indirect materials necessary to perform air ambulance services, including a sufficient number of ground personnel for adequate maintenance and ground operations. The aircraft and medical crew may be required to be ready for immediate departure (not later than two hours) after confirmed notification of an air ambulance requirement.

mailto:transcom.scott.tcsg.mbx.patient-movement-safety-program@mail.mil mailto:transcom.scott.tcsg.mbx.patient-movement-safety-program@mail.mil https://www.hhs.gov/hipaa/for-professionals/index.html https://www.hhs.gov/hipaa/for-professionals/index.html

b. The United States Government (USG) shall be entitled to transport one or more patients/non-medical attendants (including their personal baggage) and/or cargo up to the entire capacity of the aircraft performing missions under this BPA. To compute aircraft payload, the contractor shall use Federal Aviation Administration (FAA) approved weight and balance methods and procedures.

c. Authorized representatives of the Contracting Officer who make BPA calls for air ambulance service will contact carriers that are both DoD-approved and accredited for basic life support and critical care life support by either the Commission on Accreditation of Medical

Transport Systems (CAMTS) or the National Accreditation Alliance of Medical Transport

Applications (NAAMTA) for availability. Only in the event a carrier with DoD approval is not available, may a CAMTS and/or NAAMTA accredited air carrier without DoD approval be utilized, and then only if needed to save “life, limb, or eyesight”.

d. Medical attendants shall be qualified according to the patient care needs, as validated by the Patient Movement Requirements Center (PMRC), and could include medical technicians, nurses, or physicians.

e. It is incumbent upon the contractor to utilize their appropriate aircraft for the number of patient(s) and route (e.g., distance, weight, domestic or international, etc.) for each mission.

f. When point-to-point pricing is provided, the contractor shall send an e-mail to both

TACC.XOPAC-02@us.af.mil and TACC-XOGA@us.af.mil no later than 0800 CST or CDT

(whichever is applicable). The e-mail must provide daily status and the location of assets.

Additionally, if aircraft are later moved to another location(s) throughout the day, the contractor shall immediately send an e-mail notifying the 618 AOC/TACC (using the emails above) of the new location and availability. Failure to provide asset location or updated status of aircraft location for point-to-point missions may result in the loss of a mission which may have otherwise been awarded.

g. When ordering services under this BPA, the approved ordering officials shall perform a best value decision that considers price and may consider other factors such as aircraft availability, past performance, estimated transit time, contractor response time to mission notifications, and other factors that may be deemed appropriate. Price considerations are significantly more important than non-price considerations. For each carrier and each asset, the ordering official will rank order carriers by price considering each carrier’s/asset’s unique costs based on the applicable GCSM rate and the forecasted positioning leg miles, active miles, and the depositioning leg miles (if applicable), as well as the projected medical care hours and the applicable rate. Once rank ordered, the ordering official will make the decision and contact the contractor determined to be the best value to make mission arrangements. The Government reserves the right to revise these ordering procedures as requirements or ordering processes dictate.

h. The selected carrier shall accept or decline a mission within one hour* of receiving a

Patient Movement Request (PMR). Upon receipt of the PMR, the selected carrier shall send an e-mail to TACC.XOPAC-02@us.af.mil and TACC-XOGA@us.af.mil to confirm its receipt.

Failure to accept or decline a mission within this timeframe may result in award of the mission to another carrier.

* Due to time constraints for missions originating from Guantanamo Bay, all eligible BPA holders that are known to have the mission-specific capabilities to provide/perform the required service will be contacted immediately but separately and shall indicate their availability within 30 minutes from receipt of TACC notification. For these Guantanamo Bay missions, from the responses received, a best value decision will then be performed, and the selected carrier contacted.

i. A departure reliability rate of at least 95% must be maintained. The departure reliability rate is the percentage of total “on time” departures of all calls issued against the BPA. Any aircraft that departs (leaves the blocks) within 20 minutes of scheduled departure time shall be considered “on time”. This rate is tracked by the ordering personnel. Failure to maintain a reliability rate of at least 95% may be cause for cancellation of the BPA.

j. All aircraft must be licensed, operated, and maintained in accordance with all applicable rules and regulations of the FAA and Department of Transportation (DoT), giving particular attention to the responsibility of the air carrier to perform air transportation with the highest degree of safety. For instance, air carriers must have a required FAA OpSpec to perform air ambulance service using its aircraft. The aircraft performing missions under this contract shall not be considered public aircraft. The offeror/contractor shall have a current FAA authorization certificate to operate over routes and into the airfields specified under both Instrument Flight

Rules (IFR) and Visual Flight Rules (VFR) conditions and rules. IFR capability authorization is not required for operations into airfields which do not have published IFR approach procedures.

The contractor must satisfy DOD quality and safety requirements as described in 32 CFR Part

861.

5. SERVICE DELIVERY SUMMARY

PERFORMANCE OBJECTIVE PARAGRAPH PERFORMANCE

THRESHOLD

Contractor shall maintain a departure reliability rate of at least 95%.

4.i.

100% of the time, monthly.

Contractor shall submit copies of all medical documentation for all services completed under this BPA within 48 hours after completion of the service.

3.k.

95% of the time, monthly.

Provide timely cyber-incident reporting.

13. No more than one late cyber-incident report or unreported cyber-incident in a twelve-month period.

mailto:TACC.XOPAC-02@us.af.mil mailto:TACC-XOGA@us.af.mil

6. DEFINITIONS

Aeromedical Crew Member (ACM). An ACM is a person trained to one of the levels below who is a care provider of aerospace medicine. An ACM involved in patient care shall not serve simultaneously as a required pilot or flight crew member of an air ambulance during aeromedical flight operations. The aircraft becomes a patient care unit specific to the needs of the patient.

ACM Level-1. The ACM Level-1 shall include the knowledge and skills identified by the objectives contained of an Emergency Medical Technician (Advanced) DOT per the DoT.

Additional training will be accomplished as described in the 1986 DoT "Air Ambulance

Guidelines."

ACM Level-2. The ACM Level-2 shall possess all of the knowledge and skills required of an

ACM Level-1, and additional training will be accomplished as described in the 1986 DoT "Air

Ambulance Guidelines."

ACM Level-3. The ACM Level-3 shall possess all of the knowledge and skills required of an

ACM Level-2, and additional training will be accomplished as described in the 1986 DOT "Air

Ambulance Guidelines."

ACM Level-4. The ACM Level-4 shall be a licensed physician with additional aeromedical-oriented educational experience in the following areas: American Heart Association-Advanced

Cardiovascular Life Support (AHA-ACLS), Advanced Trauma Life Support (ATLS), Altitude

Physiology, and on-board treatment modalities.

Air Ambulance Service. An air carrier operating an aircraft used for air transportation that is specifically designed to accommodate the aeromedical needs of persons who are ill, injured, wounded, or otherwise mentally or physically incapacitated or helpless; who may require emergency medical care in-flight; and who, in a physician’s opinion, cannot be safely transported on a standard commercial or charter flight.

Respiratory Therapist. A Respiratory Therapist shall be currently credentialed by the National

Board of Respiratory Care and must have at least two years of current experience in critical respiratory care with emphasis on ventilators. Must have current Cardiopulmonary Resuscitation

(CPR) provider certification and have successfully completed a course in Altitude Physiology, Aircraft Fight Safety, and Communications.

Neonatal Incubator. Commonly referred to as Isolette. Incubator for premature or other newborn infants, providing controlled temperature, humidity, and oxygen levels and having armholes through which the infant can be reached with minimum disturbance to the controlled environment.

7. EXTENT OF OBLIGATION.

This agreement does not obligate any funds. The Government is obligated only to the extent of authorized purchases actually made under this BPA.

8. INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA.

A list of individuals authorized to purchase under this BPA, identified either by title of position or by name of individual, organizational component, and the dollar limitation per purchase for each position title or individual shall be furnished to the contractor by the Contracting Officer.

9. AIR CARRIER INSURANCE REQUIREMENTS.

a. Upon award, the contractor shall, at its own expense, procure from a financially and legally responsible insurance company, and maintain for the life of the BPA, at least the minimum insurance coverage required by 14 CFR Part 205.4.

b. The contractor shall provide written verification of insurance coverage required by 14 CFR

Part 205.4 to the Contracting Officer prior to BPA award. The contractor shall provide annual proof of insurance from the insurance provider to the Contracting Officer. In the event of a planned cancellation or material change in policy coverage, 30 days prior written notice shall be given to the Contracting Officer. In the event of an unplanned cancellation or material change in policy coverage, notice shall be given to the Contracting Officer as soon as possible.

c. The contractor shall include in its required insurance policies and endorsement that any cancellation or material change in the coverage which adversely affects the Government’s interests shall not be effective unless the contractor gives the Contracting Officer 30 days written notice as required by the BPA.

10. LANDING PERMITS.

a. To permit the use of military installations, the contractor must obtain landing permits following service specific instructions no later than 30 days prior to required approval date. The contractor shall begin the renewal process at least 60 days prior to expiration to allow for any delays in processing and to avoid a suspension on operator.

b. Pursuant to AFI 10-1001, a Landing Permit (DD Form 2401) may be obtained from the

Contracting Officer. In addition, a Hold Harmless Agreement (DD Form 2402) and the

Certificate of Insurance (DD Form 2400) must be completed and forwarded to the Contracting

Officer. The contractor shall submit these completed forms along with the DD Form 2401 to the appropriate service installation.

ARMY INSTALLATIONS

usarmy.belvoir.hqda-dcs-g-3-5-7.list.usaasaops@mail.mil

NAVY INSTALLATIONS

CALP.HQ@navy.mil mailto:usarmy.belvoir.hqda-dcs-g-3-5-7.list.usaasaops@mail.mil

AIR FORCE INSTALLATIONS

usaf.calp@mail.mil

MARINE INSTALLATIONS

mcicom_calp@usmc.mil

11. DELIVERABLES/NOTICES AND REPORTS.

a. Notice of Accidents or Incidents – All Carrier Operations (both Commercial and

Government). When a contractor’s aircraft is involved in any accident or incident, DoD or otherwise, the contractor shall transmit the information in paragraphs #1-8 below to

Headquarters Air Mobility Command (AMC) via HQ AMC/A3B, Scott AFB IL (618) 229-

4801/DSN 779-4801 or the HQ AMC/A3B Safety Manager at (618) 229-2106/DSN 779-2106 and to the Contracting Officer and Contracting Officer Representative (COR). Accident and incident information shall be provided to HQ AMC, the Contracting Officer and the

COR/Alternate COR by the most expeditious means available. Accidents and incidents are defined in 49 CFR Part 830.

(1) Contractor and trip number

(2) Aircraft type and number

(3) Date and time of the accident or incident

(4) Last point of departure and point of intended landing of the aircraft, as applicable

(5) Nature of the accident or incident and extent of known damage to the aircraft, if any

(6) Total number of crewmembers and passengers on board

(7) Number of injured and fatalities aboard the aircraft

(8) Condition of baggage or Government-owned material, if any, on board

b. Aircraft Medical Incidents. The contractor shall report all aircraft medical incidents that occur in flight, or while passengers are under the control of the aircraft captain on missions performed in support of this BPA, to the Air Evacuation (AE) Desk at the 618 Air Operations

Center (AOC) Operations Floor at (618) 229-0330 and the Contracting Officer at the next en route station for in-flight incidents, or the station where the incident occurs.

c. DoD Casualties. In cases where a death occurs on a Contractor’s aircraft, the following information shall be furnished via telephone to the numbers listed below: Name, DoD ID, and component of service identified as Army-USA, Air Force-USAF, Navy-USN, Marine Corps-

USMC, Coast Guard-USCG. The following is a list of phone numbers for service casualty offices:

U.S. Army: (800) 626-3317

U.S. Air Force: (800) 433-0048

U.S. Navy: (800) 368-3202

U.S. Marines: (800) 847-1597

Coast Guard (USCG):

Atlantic Area Op Center: (757) 398-6390 (accidents east of Mississippi)

Pacific Area Op Center: (510) 437-3701 (accidents west of Mississippi)

d. An informational copy of the DoD casualty incident shall be provided to the

USTRANSCOM Global Operations Center (GOC), Scott AFB, Illinois, via (618) 220-7700/7001 or DSN 312-770-7700/7701.

e. Safety and Financial Information. As required by the Air Safety clause at USTRANSCOM

Federal Acquisition Regulation Supplement (TRANSFARS) 5552.247-9000, the contractor must satisfy the requirements of 32 CFR Part 861. DoD will conduct periodic evaluations to assess the contractor’s ability to perform safely. To complete the evaluation, the Government may contact the contractor in order to obtain information bearing upon the contractor’s practices, resources, and capabilities. Upon request, the contractor shall provide data pertinent to such evaluations, including current audited financial statements, to HQ AMC/A3B, 510 POW/MIA Dr, Rm 316, Scott AFB IL 62225-5011.

NOTE: Data furnished pursuant to this paragraph 11.e. may be utilized by the USG or its representatives for any matter related to this BPA.

12. AIRFIELD SUITABILITY AND RESTRICTIONS/CERTIFICATIONS AIRFIELDS.

a. Contractors are reminded that airfield restrictions exist at certain military and commercial airfields worldwide. An AMC publication entitled, “Airfield Suitability and Restrictions Report,” identifies airfield restrictions specifically for AMC air crews. This publication also lists

“certification airfields” which are the equivalent to FAA-designated “special airfields.” These fields have unique airfield hazards and operating procedures requiring increased awareness and familiarity by air crews. Contractors can obtain the current edition of this publication, at no cost, by contacting the following office:

HQ AMC/A3A3 TELEPHONE: (618) 229-3112

402 Scott Drive Unit 3A1 FAX: (618) 256-2019

Scott AFB, IL 62225-5302

b. This publication is prepared for use by AMC air crews and is made available to contractors for advisory purposes only.

c. Additionally, DoD, through the Defense Imagery Management Operations Center

(DIMOC), produces “Airport Qualification Program” (AQP) videos for some certification airfields. These are available for advisory purposes only, at no cost (one copy per contractor), by contacting the following office:

DIMOC TELEPHONE: (888) 743-4662

Building 3, Room 105 FAX: (570) 895-6106

11 Hap Arnold Blvd. E-Mail: askdimoc@dma.mil

Tobyhanna, PA 18466-5102 Website: defenseimagery.mil mailto:vibuddy@hq.afis.osd.mil

d. This contract requires that at least one pilot member of an air crew, operating a DoD contract mission into a DoD-designated certification airfield, shall have performed pilot duties to that airfield within the past 12 months or reviewed an FAA-accepted pictorial (e.g., video) detailing airfield hazards within 30 days prior to performing the DoD contract mission.

e. Contractors shall ensure that air crews are adequately briefed on all restrictions at applicable airfields, including certification airfields, and properly trained before performing any

DoD contract mission into these airfields.

13. CYBER SECURITY. The services provided within the scope of this contract are considered “operationally critical support” as defined in DFARS 252.204-7012, “Safeguarding

Covered Defense Information and Cyber Incident Reporting.”

a. Cybersecurity Incident Reporting. In addition to the DFARS 252.204-7012 reporting requirements for unclassified systems and DoD Manual (DoDM) 5220.22, National Industrial

Security Program Operating Manual (NISPOM) for classified systems, reportable cyber-incidents include, but are not limited to, the following:

(1) Cyber-incidents as defined in Table 1.

(2) Notifications by a federal, state, or local law enforcement agency or cyber-center (i.e., National Cyber Investigative Joint Task Force (NCIJTF), National

Cybersecurity & Communications Integration Center (NCCIC)) of being a victim of a successful or unsuccessful cyber-event, anomaly, incident, insider threat, breach, intrusion, or exfiltration.

Table 1.

Incident Category Description

Root Level Intrusion Unauthorized privileged access to an IS. Privileged access, often referred to as administrative or root access, provides unrestricted access to the IS. This category includes unauthorized access to information or unauthorized access to account credentials that could be used to perform administrative functions (e.g., domain administrator). If the IS is compromised with malicious code that provides remote interactive control, it will be reported in this category.

User Level Intrusion Unauthorized non-privileged access to an IS. Non-privileged access, often referred to as user level access, provides restricted access to the IS based on the privileges granted to the user. This includes unauthorized access to information or unauthorized access to account credentials that could be used to perform user functions such as accessing Web applications, Web portals, or other similar information resources. If the IS is compromised with malicious code that provides remote interactive control, it will be reported in this category.

Denial of Service Denial of Service (Incident)—Activity that denies, degrades, or disrupts normal functionality of an IS or DoD information network.

Malicious Logic Installation of software designed and/or deployed by adversaries with malicious intentions for the purpose of gaining access to resources or information without the consent or knowledge of the user. This only includes malicious code that does not provide remote interactive control of the compromised IS. Malicious code that has allowed interactive access should be categorized as Root or User

Level Intrusion incidents. Interactive active access may include automated tools that establish an open channel of communications to and/or from an IS.

Ransomware Malware designed to encrypt files on a device, rendering any files and the systems that rely on them unusable. Malicious actors then demand ransom in exchange for decryption. Ransomware actors often target and threaten to sell or leak exfiltrated data or authentication information if the ransom is not paid. Ransomware is a reportable incident that may be associated with multiple incident categories depending on the attack vector and execution.

b. If the cyber-incident affects a classified system, vulnerabilities associated with the incident will be classified per the current version of USTRANSCOM Instruction 31-02, Security

Classification Guide.

c. Cybersecurity Incident Reporting Timelines. In addition to providing the notification required by DFARS 252.204-7012, the contractor is required to notify USTRANSCOM as soon as practicable, but no later than 72 hours after discovering a reportable cyber-incident. The reporting timeline begins when the incident is discovered or reported to the company, its employees, contractors, or cybersecurity firm responsible for providing cybersecurity and response for the company. The contractor shall contact the USTRANSCOM Cyber Operations

Center (CyOC) via phone at (618) 220-4222. If the contractor does not immediately reach the

CyOC via phone, the contractor shall send an email notification to transcom.scott.tcj6.mbx.cyoc@mail.mil.

d. Mandatory Reporting Data:

(1) The contractor shall work with the USTRANSCOM CyOC through resolution of the incident. Within 72 hours of becoming aware of a reportable cyber-incident, the contractor shall provide an initial notification of the incident, even if some details are not yet available, which includes, but is not limited to, the following information:

mailto:transcom.scott.tcj6.mbx.cyoc@mail.mil

(a) Company Name

(b) Who will be the POC with contact information

(c) Contracting Officer POC (name, telephone, email)

(d) Overall Assessment –Description of incident, data at risk, mitigations applied

(e) Indicators of compromise

(f) Vector of attack (if known)

(g) Estimated time of attack (if known)

(2) The contractor shall provide a follow-on cyber-incident report to the USTRANSCOM

CyOC, which includes, but is not limited to, the following information:

(a) Contractor unique Commercial and Government Entity (CAGE) code

(b) Contract numbers affected

(c) Facility CAGE code where the incident occurred if different than the prime

Contractor location

(d) POC if different than the POC recorded in the System for Award

Management (name, address, position, telephone, email)

(e) Contracting Officer POC (name, telephone, email)

(f) Contract clearance level

(g) DoD programs, platforms, systems, or information involved

(h) Location(s) of compromise

(i) Date incident discovered

(j) Type of compromise (e.g., unauthorized access, inadvertent release, other)

(k) Description of technical information compromised

(l) Any additional information relevant to the information compromise

e. Incident Reporting Coordination

(1) In the event of a cyber-incident, USTRANSCOM may conduct an on-site review of network or information systems where DoD information is resident on or transiting to assist the contractor in evaluating the extent of the incident and to share information in an effort to minimize the impact to both parties. Date and time of on-site visits will be mutually agreed upon by USTRANSCOM and the contractor in advance.

(2) The contractor agrees to allow follow-on actions by the Government (e.g., USTRANSCOM, Federal Bureau of Investigation, Department of Homeland Security, DC3, etc.)

to further characterize and evaluate the suspect activity. The contractor acknowledges that damage assessments might be necessary to ascertain an incident methodology and identify systems compromised as a result of the incident. Once an incident is identified, the contractor agrees to take all reasonable and appropriate steps to preserve any and all evidence, information, data, logs, electronic files, and similar type information (reference NIST Special Publication

800-61: Computer Security Incident Handling Guide, (current version)) related to the incident for subsequent forensic analysis so that an accurate and complete damage assessment can be accomplished by the Government.

(3) The contractor agrees to indemnify and hold the government harmless for following any recommendations to remedy or mitigate the cyber-incident following the actions under

13.e.(1) and 13.e.(2)

f. Confidentiality and Non-Attribution Statement: The Government may use and disclose reported information as authorized by law and will only provide attribution information on a need-to-know basis to authorized persons for cybersecurity and related purposes (e.g., in support of forensic analysis, incident response, compromise or damage assessments, law enforcement, counterintelligence, threat reporting, and trend analysis). The Government may share threat information with other USTRANSCOM industry partners without attributing or identifying the affected contractor.

14. ADDITIONAL STANDARDS FOR DOD CONTRACT AIRCRAFT OPERATIONS

UNDER 14 CFR PART 135 (NONCOMMUTER) (PASSENGER AND CARGO

OPERATIONS)

All aircraft must be listed on air carrier’s certificate, and flight crews must be trained, qualified, and scheduled IAW 14 CFR Part 135. This applies even when the contracted operations fall under CFR Part 91 or other CFRs. CFRs, as well as other applicable laws (e.g., International

Civil Aviation Organization (ICAO), Public Law, and CFR updates) have priority. Safety is the top priority. It is the DoD’s intention to default to the guidance that provides the highest level of aviation safety. In addition, air carriers shall comply with the following:

a. Operations:

(1) Pilots are responsible for ensuring correct computing and documenting of the weight and balance for all DoD flights and for ensuring the gross weight and center of gravity do not exceed the aircraft’s limitations. Actual or interrogated weights must be used. Completed load manifests/weight and balance forms must be retained for 30 days.

(2) Companies are required to maintain the last 30 days documentation for all DoD flights to demonstrate compliance with the flight locating requirements of 14 CFR 135.79.

(3) Single-engine aircraft shall be limited to flight during daylight hours and VFR conditions only. Daylight hours are defined as 30 minutes before official sunrise to 30 minutes after official sunset; or in Alaska, during extended twilight hours when terrain features can be readily distinguishable for a distance of at least one mile.

(4) All DoD passenger charters will be flown under IFR to the maximum extent possible.

(5) Air ambulance operations can only be conducted IAW approved Operations

Specifications on their certificate. Rotor-wing operations: A021, “Helicopter Air Ambulance

(HAA) Operations.” Fixed-wing operations: A024, “Air Ambulance Operations-Airplane.”

(6) Night Vision Imaging Systems (NVIS) may be used for night operations conducted

IAW approved Operations Specifications on their certificate. Rotor-wing operations: A050

“Helicopter Night Vision Goggle Operations (HNVGO).” Fixed-wing operations: A051

“Airplane Night Vision Goggle (ANVG) Operations.”

(7) Rotor-Wing Operations Only:

(a) Multi-engine rotor-wing may be used for night and IFR, providing the helicopters are operated IAW approved Operations Specification.

(b) U.S. Navy Contracted Shipboard Landings. The pilot(s) shall have completed training that is approved by the Navy and meet subsequent proficiency and currency requirements to ensure standardization with shipboard guidelines.

b. Aircrew Requirements:

(1) A pilot-in-command (PIC) and second-in-command (SIC) will be used:

(a) For all fixed-wing, whole-plane charters.

(b) If the aircraft certificate requires a two-pilot crew, or has seating configuration for ten or more passengers; and

(c) When the aircraft is operated under IFR.

(2) For DoD charter passenger operations, the PIC and SIC (when required), must have at least 250 hours combined hours in their respective positions in the type of aircraft being operated. Type (as defined in 14 CFR 135.293b) means any one of a group of airplanes as determined by the FAA to have a similar means of propulsion, the same manufacturer, and no significantly different handling or flight characteristics. For rotor wing, type (as defined in 14

CFR 135.293b) means a basic make and model.

(a) While acting as PIC, only PIC time will be counted towards the 250-hour requirement. Prior SIC time will not be counted.

(b) The PIC must have 1,500 hours total pilot time and have logged 100 hours PIC time in the past 12 months. 25 hours of this 12-month time can be performed in an FAA-approved same type aircraft/helicopter simulator.

(c) The PIC must have at least 10 takeoffs and 10 landings, and 50 hours in the type and model aircraft being operated.

(d) Float plane PICs must have at least 250 total hours in float plane operations.

(3) The PIC and SIC (when required), shall be IFR qualified (i.e., both shall hold a commercial instrument rating for all DOD flights regardless of the weather or type of flight plan filed). (Not required for operations restricted to VFR only.)

(a) Both pilots shall meet the currency requirements of 14 CFR 135.247.

(b) The PIC shall have a current 14 CFR 135.297 instrument proficiency check and a current 14 CFR 135.293 competency check.

(c) The SIC shall have a current 14 CFR 135.293 competency check, to include, as a minimum, one precision approach, one nonprecision approach, and one missed approach. The

SIC must meet the instrument currency requirements of 14 CFR 61.57(c).

(1) If the SIC is assigned to pilot only one type of aircraft for the DoD, that pilot must meet the instrument requirements of section 14.b. in that type of aircraft.

(2) If the SIC is assigned to pilot more than one type of aircraft for the DoD, that pilot must meet the instrument requirements of this section in each type of aircraft, and the check shall alternate between the different types of aircraft that the pilot operates for the DoD.

c. Aircraft:

(1) Shall have two or more engines (except for helicopters, float planes, and aircraft supporting U.S. Army Corps of Engineers operations-only missions).

(a) Must meet the IFR performance requirements of 14 CFR 135.181.

(b) Must be turbine powered if more than nine passengers are carried.

(2) Shall also meet the following standards:

(a) Shall be maintained in a good state of repair and appearance. Aircraft showing deterioration or neglect, such as unrepaired cracks, punctures, loose rivets, missing fasteners, deterioration of interior, paint, or windows are unacceptable for DoD use. These concerns are in addition to airworthiness requirements.

(b) If operating IFR, must have on board a complete set of aeronautical charts and approach plates (for each required pilot) covering the area of operation. For DoD VFR-only contract missions, must have on board suitable aeronautical charts to provide appropriate level of situational awareness IAW applicable regulations.

(c) Must have a first-aid kit and emergency equipment, accessible to the passengers and appropriate to the environment of operation.

(d) Must have approved life preservers for overwater flights IAW CFR Part

91.205b(12). Rotor wing shall also have emergency flotation gear (pop-out) or standard flotation gear (fixed floats).

(3) Aircraft operated single pilot for the DoD, and aircraft on a DoD VFR-only BPA call

(which allows successful recovery of the aircraft in the event of Inadvertent Instrument

Meteorological Conditions (I-IMC)) shall possess the following navigation and communication equipment:

(a) Directional gyro

(b) Artificial horizon

(c) Rate of turn indicator

(d) Vertical speed indicator

(e) One type of FAA-approved navigation equipment such as a Very High

Frequency Omni-Directional Range (VOR), Global Positioning System (GPS), etc. A GPS shall be available for operations in remote areas where other navigational aids are not available.

(f) One Air Traffic Control (ATC) transponder for all Navy shipboard operations.

(g) An Emergency Locator Transmitter (ELT).

(h) At least one Very High Frequency (VHF) receiver and transmitter.

(4) In addition to (3) above, aircraft operated with two pilots shall be equipped for IFR operations and possess the following navigation and communication equipment. (Not applicable to DoD VFR only contract operations):

(a) Two independent navigation systems suitable for the location served, at least one navigation system will include VOR/Distance Measuring Equipment (DME) capability.

(b) Dual VHF receivers and transmitters.

(c) Capability to perform a precision approach other than a Ground-Controlled

Approach (GCA).

(d) A transponder.

(5) The SIC position (when required to be filled) must include the following operable equipment:

(a) The ability to manipulate all primary and auxiliary flight controls, lift/drag devices, and landing gear.

(b) Airspeed indicator.

(c) Altimeter.

(d) Artificial horizon.

(e) Gyroscopic direction indicator or equivalent.

(f) An independent navigation system.