Daily_Charter_FY2017-21_PWS_Draft.pdf

United States Immigration and Customs Enforcement

ICE Air Operations Division

Daily Charter Flight Services

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) Program 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. ERO’s responsibilities include providing reliable, safe, and secure mass air transportation of alien nationals placed in federal custody.

In response to orders from immigration law judges, IAO conducts air movements to stage and remove alien nationals to their home countries. In addition, ICE charter flights may be used to support other ICE missions and, at ICE’s discretion and subject to interagency agreements, may be used in support of missions by other federal agencies. Carriage of weapons and mission related equipment may be required on some flights.

To accomplish these tasks, ICE desires to charter aircraft services, flight crews, medical crew, and security crews as described in this Performance Work Statement (PWS).

1.1 Definitions

Daily Scheduled Large Aircraft (DSLA) - aircraft based in Miami, FL (MIA), Alexandria, LA (AEX), Brownsville, TX (BRO), San Antonio, TX (SAT), or Mesa, AZ (IWA) with daily scheduled flights to include but not limited to North America, Central America, South America, the Caribbean, or domestic destinations.

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.

Flight Duty Period (FDP) - shall be governed in accordance with Federal Aviation Regulations (FAR) 117. The flight duty period begins when a flight crewmember is scheduled to report for duty with the intention of conducting a flight and ends when the aircraft is parked after the last flight. For flights conducted under this PWS, flight crews shall be scheduled to report no more than one (1) hour prior to the first departure time and FDP will end when the aircraft is in the “blocks” after the last segment.

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 FAR 117. Unaugmented flight time is limited to 8 or 9 hours based on the start time of the pilot’s flight duty period. Augmented flight time is limited to 13 or 17 hours based on the size of the augmented flight crew.

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.

1.2 Period of Performance (anticipated)

Base Period: June 1, 2017 – May 31, 2018 Option Year 1: June 1, 2018 – May 31, 2019 Option Year 2: June 1, 2019 – May 31, 2020 Option Year 3: June 1, 2020 – May 31, 2021 Option Year 4: June 1, 2021 – May 31, 2022

1.3 Scope of Contract. Charter aircraft services shall include Daily Schedule Large Aircraft (DSLA) and Special High Risk Charter (SHRC) aircraft to provide reliable, safe, and secure mass air transportation of alien nationals in federal custody.

2.0 Daily Scheduled Larger Aircraft (DSLA) Description of Services

2.1 DSLA Requirements. Provide 10 aircraft for DSLA flights capable of transporting a minimum of 148 passengers with a range of at least 2,000NM. Aircraft must be configured to permit augmented flights in accordance with FAR 117. IAO guarantees 12,000 annual DSLA flight hours.

IAO and the vendor will review monthly reports to determine the optimal number and type of aircraft and crews that will satisfy mission requirements/performance standards and passenger loads in the most cost effective manner. Based on the findings of these reviews, aircraft may be added or removed from service. A lead time of 20 business days will be provided for the vendor to obtain and prepare additional aircraft for service or 40 business days to release aircraft from service.

2.2 DSLA Aircraft Availability

DSLA aircraft and crews will be exclusively available for flights every Monday through Friday, 52 weeks per year. When scheduled, DSLA aircraft will be available for weekend missions.

Flights may be to single or multiple destinations. ICE may request extended missions to meet the demands of the government. Augmented flights may be required to meet mission requirements.

Aircraft type, performance, and flight crew qualifications must permit year-round operation with full passenger loads into and out of all Central and South America major commercial airports, including (but not limited to): El Salvador (MSLP), Guatemala (MGGT), Honduras (MHLM), Mexico (MMMX), Haiti (MTTP), Nicaragua (MNMG), Columbia (SKBO), Dominican Republic (MDSD), Ecuador (SEGU), Jamaica (MKJP). If, for destinations such as Toncontin International Airport (Tegucigalpa, Honduras), access is restricted by the host government to certain aircraft types/models, the contractor will provide an aircraft suitable to meet those restrictions with comparable performance and number of seats. Air stairs are not required but may be advantageous in meeting the requirement to operate into and out of all Central and South American major commercial airports. The Contractor shall be responsible for ensuring the ability to board and deplane at all locations including the provision of any equipment required to facilitate boarding of handicapped/special needs passengers.

2.3 DSLA Flight Hour Rate

All 5 DSLA locations will be priced using a single firm fixed flight hour rate for the 10 DSLA aircraft and the guaranteed 12,000 flight hours. All other costs associated with DSLA flights will be billed as Other Direct Cost (ODC) as described in section 2.7.

2.4 DSLA Fixed-Price Flight Hour Rate

DSLA flights shall be invoiced based on actual flight time using a fixed-price flight hour rate to include: aircraft; flight crew (using the minimum number required to complete the flight);

security crew; flight nurse; aircraft-to-medical doctor communication capability; maintenance;

insurance; fuel; aircraft cleaning/servicing; aircraft handling/parking/positioning fees; navigation fees; overflight/landing fees; passenger taxes; customs fees; miscellaneous fees and taxes associated with each flight; administrative costs (program management, scheduling and coordination of flights, clearances, permits, etc).

The Contractor shall be responsible for obtaining all required clearances and landing permits relating to the aircraft, personnel, and subcontractors, to include passenger fees, overflight clearances, airport, and customs fees on all DSLA flights. These costs will be factored into the hourly flight hour rate.

ICE requests a basis of estimate for the flight hour rate CLIN. The basis of estimate breaks down the flight hour rate into its component categories, including: aircraft lease, insurance, maintenance, flight crew, guard crew, flight nurse, aircraft-to-medical doctor communication capability, anticipated fuel burn in gallons per block hour, quoted fuel price per gallon, all fees and taxes, and administrative costs.

2.5 DSLA Aircraft Added to the Fleet

A lead time of 20 business days will be provided for the vendor to prepare aircraft for service per Section 2.1. Pricing for on-demand aircraft shall be invoiced based on actual flight time using a fixed-price flight hour rate to include: aircraft; flight crew (using the minimum number required to complete the flight); security crew; flight nurse; aircraft-to-medical doctor communication capability; maintenance; insurance; fuel; aircraft cleaning/servicing; aircraft handling/parking/positioning fees; navigation fees; overflight/landing fees; passenger taxes;

customs fees; miscellaneous fees and taxes associated with each flight; administrative costs (program management, scheduling and coordination of flights, clearances, permits, etc).

2.6 DSLA Positioning Costs

DSLA will operate out of 5 hub airports (see section 2.8). If IAO explicitly directs positioning/de-positioning of a DSLA aircraft outside of standard plane movements required by ordinary operations conducted by the Contractor, flight hours and authorized ODCs may be invoiced and reimbursed.

2.7 DSLA Other Direct Costs (ODC)

The following pass through costs will be invoiced as ODCs: obtaining special equipment (not already required for the operator to comply with Title 14 CFR, Part 382) for the boarding and deplaning of handicapped/special needs passengers; de-icing; any non-flight related requirements directed by ICE Air (training requirements, crew interviews, etc.);

The following pass through costs will be invoiced as ODCs with COR approval: justifiable and documented FAR 117 crew augmentation; crew remaining overnight (RON) (to include rental cars, hotel charges, and per diem for crews); transportation fees for crew staging to permit longer flights. See section 5.5 for per diem guidance.

A flight plan or flight itinerary will be provided to the COR for augmented crew, RON, and crew staging ODC requests prior to approval.

Separate charges for any items other than the authorized Other Direct Charges (ODCs) will not be reimbursed.

2.8 DSLA Flight Notice Requirements

To facilitate flight planning, schedule requirements will usually be provided to the Contractor no later than 24 hours prior to the initial departure time of a flight. If an emergent requirement occurs for a departure in less than 24 hours, the vendor will make best effort to comply, but will not be contractually obligated to make the flight.

No later than 12 hours prior to each scheduled departure time, the aircraft registration number, crew identification, and crew qualifications shall be provided to the COR. Not providing this information within 12 hours of the scheduled departure may result in a determination of non-availability of the flight by the COR which may result in liquidated damages as described in section 4.4.

The government reserves the right to cancel DSLA flights prior to the latest departure time without penalty. If the government cancels a DSLA flight after the flight crew reported for duty, the contractor will be reimbursed for man-hours and staging costs using ODCs.

2.9 DSLA Operating Locations.

Normally, DSLA flights will depart and return to the operating locations below; however, when directed by the COR an aircraft/crew may be scheduled to stage the day prior for an early departure or to remain over night at an en route location. On those occasions, costs for remaining overnight will be reimbursed as ODCs as described in para 2.6. Following are the DSLA operating locations:

• Phoenix-Mesa Gateway AP, Mesa, AZ. (3 aircraft)

• Alexandria International AP, Alexandria, LA. (2 aircraft)

• Brownsville/South Padre Island International AP, Brownsville, TX. (2 aircraft)

• San Antonio International AP, San Antonio, TX. (2 aircraft)

• Miami International AP, Miami, FL. (1 aircraft)

2.10 DSLA Sample Historical Summary of Flights (six-month period):

See Appendix A (TBP)

2.11 DSLA Crew Members

DSLA flights shall be completed with the minimum number of flight crewmembers required to meet the schedule at the most economical cost to the government.

All DSLA flights require 13 security guards (2 of 13 female, at least 7 of 13 fluent in both Spanish and English). All DSLA flights require one registered nurse. See sections 7.0-7.4 for security guard and nurse qualifications and requirements.

Flight crews shall report no more than 1 hour prior to the first scheduled departure time with FDP ending when the aircraft is parked at the completion of the last flight.

2.12 DSLA Catered Meals

Catered meals will not be provided by the Contractor on DSLA flights. DSLA meals and water will be provided by the Government at the passenger staging facility.

3.0 SHRC Flights Description of Services

3.1 SHRC Requirements

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

Large Aircraft SHRC missions must be capable of transporting 148 to 300 passengers at a range of at least 2,700NM. On occasion, IAO may request Small Aircraft SHRC missions capable of transporting up to 14 passengers at a range of at least 4,000NM. ETOPS certified aircraft will be required for SHRC missions. For each SHRC flight, a backup aircraft and crew will be available if the primary aircraft/crew is unable to meet the scheduled departure time. SHRC missions are scheduled on an as-needed basis. ICE cannot guarantee minimum flight hours for SHRC flights.

3.2 SHRC Pricing/Cost

SHRC rates will be provided separately from the DSLA rates. SHRC have 4 fixed price flight hour wet-lease rates based on aircraft minimum passenger capacity: 300 seats, 200 seats, 170 seats, 148 seats, 14 seats. All other costs will be billed using ODCs.

3.3 SHRC Fixed-Price Flight Hour Rate

SHRC flights will be invoiced based on actual flight time using a fixed-price (wet lease) flight hour rate to include: aircraft; flight crew (using the minimum number required to complete the flight); onboard Management Representative to pay fuel/parking/clearance bills; mechanic;

aircraft-to-medical doctor communication capability; maintenance; insurance; fuel;

administrative costs (program management, scheduling and coordination of flights, clearances, permits, etc). Large SHRC flight (148-300 seats) hourly rates will include 15 security guards.

The Contractor shall be responsible for obtaining all required clearances and landing permits relating to the aircraft, personnel, and subcontractors, to include passenger fees, overflight clearances, airport, and customs fees on all SHRC flights, but due to the widely varying costs at remote locations/countries these fees will be billed separately as ODCs. SHRC security crew costs will be invoiced as ODCs. These costs should not be included in the hourly flight rate.

ICE requests a basis of estimate for the flight hour rate estimates. The basis of estimate breaks down the flight hour rate into its component categories, including: aircraft lease; flight crew;

onboard Management Representative to pay fuel/parking/clearance bills; mechanic; security guards; aircraft-to-medical doctor communication capability; maintenance; insurance; fuel;

administrative costs.

3.4 SHRC Positioning Costs

Positioning costs to scheduled SHRC departure airports will be reimbursed using the flight hour rate and authorized ODC costs.

3.5 SHRC Other Direct Costs (ODC)

The following pass through costs will be invoiced as ODCs: catering; obtaining special equipment (not already required for the operator to comply with Title 14 CFR, Part 382) for the boarding and deplaning of handicapped/special needs passengers; de-icing; aircraft cleaning/servicing; aircraft handling/parking/positioning fees; navigation fees; overflight/landing fees; passenger taxes; customs fees; miscellaneous fees and taxes associated with each flight; any non-flight related requirements directed by ICE Air (training requirements, crew interviews, etc.); SHRC security guards (for flights that require greater than 15 guards).

The following pass through costs will be invoiced as ODCs with COR approval: 1) justifiable and documented FAR 117 crew augmentation; 2) crew remaining overnight (RON) (to include rental cars, hotel charges, and per diem for crews); 3) transportation fees for crew staging to permit longer flights. See section 5.5 for per diem guidance.

A flight plan or flight itinerary will be provided to the COR for augmented crew, RON, and crew staging ODC requests prior to approval.

Separate charges for SHRC flights, other than the authorized ODCs, will not be reimbursed.

3.6 SHRC Scheduling

Large SHRC aircraft (148+ seats) will be required to depart with no more than 20 business days advanced notice. Small SHRC aircraft (14 seats) will require no more than 10 business days advanced notice. Itinerary and seat requirements specific to a flight will normally be provided by the COR a minimum of 10 days prior to the desired departure date and the Contractor will be available to receive scheduling requirements at all times. Within 48 hours of a scheduling requirement from the COR, the aircraft registration number, crew identification (including passport number, expiration date, place/date of birth), and crew qualifications will be provided to the COR. Aircraft substitutions made fewer than 10 days 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.

3.7 SHRC Crewmembers

SHRC flights will be completed with the minimum number of flight crewmembers required to meet the schedule at the most economical cost to the government. SHRC crews will include and onboard Management Representative to pay fuel/parking/clearance bills and a mechanic. Aircraft and crew will be in position and ready for departure a minimum of 3 hours prior to the scheduled departure time.

For each flight, a backup crew shall be available if the primary crew is unable to meet the scheduled departure time. Backup crew will be in position and ready for departure a minimum of 3 hours prior to the scheduled departure time and will be released from service if their services are not necessary upon take-off of the aircraft.

Large SHRC flights require a minimum of 15 security guards. On select large SHRC flights, ICE may request up to 25 security guards. 15% of the SHRC security guards on each flight will be female upon request. Due to the varying SHRC destinations, security guard language proficiency is not required.

Medical personnel for SHRC flights will be provided by the Government.

Contracted security guards and/or medical personnel may be substituted for ICE personnel as deemed necessary by IAO.

See sections 7.0-7.4 for security guard and nurse personnel qualifications and requirements.

3.8 Large Aircraft SHRC Routes

Following are samples of Large Aircraft SHRC routes (aircraft performance permitting, and when authorized by the COR, some of the en route locations may be overflown):

• AEX-SJU-SID-LOS-SID-JFK-SAT

• MIA-TJSJ-GOOY-DNMM-GOOY-TJSJ-MIA

• IAG-SJU-GOOY-DGAA-DNMM-GVAC-SJU-MIA

• IWA-ONT-HNL-PWAK-PGUM-RPLC-PNH-ZSFZ-MNL-GUM-PWAK-HNL-LAX

3.9 Catered Meals

All SHRC flights will require catered meals for all passengers of commercial airline quality.

Occasionally, Halal meals will be required. 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 and crew shall be provided for each leg.

4.0 Flight Performance

4.1 Late Departures and Arrivals

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, due to contractor-caused delays, that departs the gate or loading area to commence taxi for takeoff more than one (1) hour after the scheduled departure time will be termed a late departure; Any flight, due to contractor-caused delays, arriving at a destination more than one (1) hour after the scheduled arrival time will be termed a late arrival. Late departures and late arrivals may result in an assessment of liquidated damages as set forth in section 4.4.

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.

4.2 Aircraft Maintenance

Aircraft shall be maintained in accordance with FAR 121 or 135. 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 two hours prior to the latest departure time. ICE will not be responsible for costs incurred because of mechanical failure or for any reason not caused by the government.

4.3 Cancellations

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

4.4 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. 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.

During FY16, 23 out of 1554 missions scheduled (1.5%) incurred liquidated damages.

5.0 Invoicing

5.1 Flight Invoices

SHRC invoices will be for single missions. DSLA invoices will be for a 14-day invoice period.

Invoices will include: ICE Air invoice template (to be provided); dates and routes of each flight with domestic and/or international hours flown; subtotals of domestic and/or international hours flown during the invoice period with associated costs; total hours and total wet lease cost for the invoice period; legible copy of the official flight log used to determine billable flight hours; pass through costs invoiced as ODCs (see section 5.3).

5.2 Invoicing Flight Time

Flight time is the actual time in hours and minutes for each leg commencing when the aircraft starts movement for flight under its own power 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.

5.3 Invoicing ODCs

ODC invoices will include:

(1) Legible receipts for all invoiced ODC expenses.

(2) Itemized lists for catering expenses.

(3) Itemized fuel expenses with fuel receipts (see section 5.4).

(4) Documentation of COR approval for ODC expenses (IAW section 2.6 and 3.5).

Email correspondence is acceptable.

(5) Documentation of COR approval for non-standard ODC expenses (exceeding per diem rates, late checkout, inflight Wi-Fi).

5.4 Fuel

Fuel costs shall be included in the total wet lease aircraft hourly rates. The pounds-to-gallon conversion rate will be 6.79 pounds per gallon.

5.5 Hotel/Rental Car/Per Diem/Commercial Air Travel

Per diem and commercial air travel, approved by the COR, will be reimbursed consistent with PL 99-234, Federal Civilian Employees and Contractor Travel Expenses Act of 1985 and FAR 3 I .205-46(a)(2). 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, and rental car charges, unless specifically authorized by the CO or COR, will not be reimbursed. When crew staging is required, only costs of commercial travel tickets, hotel, and per diem will be reimbursed.

6.0 Operational Requirements and Services

6.1 Federal Aviation Administration (FAA) Certifications

All flights must be operated by an FAA-certified air carrier/commercial operator under 14 CFR Part 121 or 135 and in accordance with FAA/IACO authorizations and regulations.

6.2 Acceptance Process

The U.S. Government shall assist with expediting the acceptance process of the aircraft and crew into the United States where possible.

At the time of a flight, the Contractor shall be required to submit for the next flight both primary and backup flight crew identification (full name, passport number, passport expiration date, place and date of birth) as well as information for both the primary and backup aircraft (to include the FAA registration numbers, aircraft owner(s), number of seats/configuration, and make/model of each aircraft). The aircraft should have similar paint schemes and these will be the only aircraft authorized to operate for the flights. The aircraft operator must possess any permits and licenses required to operate passenger flights between the United States and Cuba prior to the contract period of performance. ICE will not assist in obtaining permits and/or operating clearances.

6.3 Flight Plans

http://aoprals.state.gov/web920/per_diem.asp

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

As authorized by FAA 7110.65, for domestic routing the Contractor will ensure that each flight plan includes the following in the remarks section: “Request Operational Law Enforcement Priority.”

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.

6.4 Baggage

When alien national passengers are transported, each shall be allowed baggage not to exceed 50 pounds.

7.0 General Flight Crew Requirements

The Contractor will certify in writing to the COR prior to any flight, that all contractor personnel (including pilots, flight attendants, security crewmembers, flight nurses, and maintenance personnel) are US 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.

All pilots, flight attendants, flight nurses, and security crewmembers shall have valid passports with any visas and inoculations required to permit departure from and entry into the United States and all scheduled foreign destinations. Charges for any of these items will be included in the total wet lease hourly rate.

All crew members shall be expected to be in good physical condition, and the Contractor will be financially liable for all costs associated with flight deviations occurring as a result of illness experienced or other delays caused by their crew members.

The Contractor will pay for the vaccination for all contract guards and flight crew in accordance with the Center for Disease Control guidelines for travel to foreign countries.

7.1 Guard Crew Duties and Requirements

Guard crew duties may normally include, but are not limited to, the following tasks: searching the aircraft for contraband, searching alien nationals for contraband, loading and unloading alien nationals (including those handicapped and/or requiring special assistance) and property onto and off the aircraft, feeding alien nationals in flight and assisting in cabin cleanup afterwards, identifying proper documentation, escorting to rest rooms, assisting with perimeter security when requested, restraining alien nationals or removing restraints, and ensuring general security and safety of alien nationals when onboard the aircraft.

Guard crew personnel shall be under the operational control of the contractor either as an employee or acting as a de facto employee by a subcontract relationship. ICE Officer(s) will be responsible for the custody of any alien national passengers.

The guard crew shall not carry weapons (including less than lethal).

The Contractor will ensure and certify by letter to the COR that contract guard crewmembers meet one or more of the following minimum requirements: (a) 1 year of full-time experience as a corrections/detention officer within the United States; (b) 1 year of full-time law enforcement experience while employed by a United States federal, state, county, city or municipality law enforcement entity, or the United States Military; or (c) 3 years of non-administrative United States military active duty plus completion of an ICE-approved security training program, to be provided and administered by the security subcontracting GSA schedule holder at no cost to the government. ICE will not provide training for contractor guard personnel.

The Contractor will be required to provide training for contract guards in the follow areas: cabin safety training equivalent to training provided by Flight Attendant and Cockpit Training Seminars (FACTS), or Civil Aerospace Medical Institute (CAMI), defensive tactics training, security training, handcuffing, and foreign language for non-fluent contract staff to meet contract staffing levels. The Contractor is required to ensure all sub-contractors working under this contract have training that supports any and all requirements called for by the FAA Part 121 carrier certificate. Training will be required within 6 months of contractors entering on duty and at intervals called for by the FAA Part 121 carrier’s certificate. If IAO directs additional mission essential training, to be completed for safety reasons or equipment use, it may be invoiced as an ODC agreed to with a COR prior to training commencement.

All guard personnel must be 1) a U.S. citizen residing in the United States; 2) certified as security officer in the state where their work is to be conducted, and must maintain those certifications; 3) pre-employment screened including psychological testing, honesty and integrity validation, employment verification, criminal records checks, credit checks, driver’s license check, pre-employment and random drug screening—all of which will be continuously monitored and checked on an annual basis; and 4) possess a successful background and security investigation with no derogatory references. Any instance of criminal conviction, or non-disclosure of same, will preclude an individual from eligibility to act in any crewmember position.

7.2 Uniforms and Personal Protective Equipment

Contractor guard crews and flight nurse personnel will all wear similar leather shoes, khaki pants, and solid color polo shirts with black nametags (white lettering) and no other insignia—no tee shirts, jeans, or tennis shoes will be permitted—and, shall provide for the care, custody, and security of the passengers during the transportation process only. Personal Protective Equipment

(PPE), such as latex gloves for use during searches of alien nationals, will be provided at the discretion of the Contractor and at no cost to the Government.

7.3 Flight Nurse Requirements

The flight nurses shall be proficient in the Spanish and English languages and a licensed physician, nurse practitioner, or registered nurse able to demonstrate proficiency in aviation medicine through a recognized United States accrediting organization. The following apply to duties performed by the flight nurse:

• Involuntary medication will not be administered.

• Medications will be administered only as prescribed by a credentialed medical provider

(i.e., a physician, physician assistant, or nurse practitioner).

• Medication administration procedure must assure that the correct medication, dose, time and route are administered to the correct patient.

The flight nurse will maintain currency qualifications to provide urgent first responder care, including use of an Automated External Defibrillator. The contractor will certify flight nurse qualifications and provide documentation of the certifications to the COR.

7.4 ICE Flight Nurses

It is possible that sometime during the period of performance of the contract, ICE Flight Nurses may be assigned to the flights and the contractor-provided flight nurses will no longer be required. If this occurs, ICE will give a 2-week notice to the Contractor.

8.0 Additional Requirements

8.1 GSA Schedule Compliance

GSA Schedule 599 holders are responsible for being in compliance with their GSA Schedule contract, to include obtaining any required GSA approvals and maintaining required safety standards. The aircraft operator must be FAA certified and operate as an air carrier/commercial operator under 14 CFR Part 121 or 135; operate the aircraft in accordance with FAA/ICAO authorizations/regulations; and use only pilots and crewmembers qualified, current and authorized to act as flight crewmembers under the vendor’s air carrier/operator certificates.

Flight attendants will be provided as required to meet flight safety and FAA requirements, but will not interact with the alien nationals, US Government officials, or foreign government officials. Unless specifically permitted otherwise, all aircraft will be US Flag/registered and all contractor personnel will be US citizens.

8.2 Additional Available Seats

The Government reserves the right to occupy any additional available or empty seats on all legs of missions at no additional cost.

8.3 Other Government Agencies

ICE reserves the right to allow personnel from other U.S. Federal Government agencies to occupy vacant seats on IAO chartered flights where such allowances do not result in any deviation to the scheduled mission. These other Federal agency passengers shall be considered guests of ICE and occupy vacant seats as if they were ICE personnel. Travel orders and other forms of travel authorization or approval documentation shall be issued by the other Federal Government agency. Any use of the aircraft by other U.S. Federal Government agencies under this contract must be approved in advance by the IAO Assistant Director or higher as well as the Contracting Officer.

8.4 Medical Equipment and Lavatories

Large Aircraft (148 seats or more) must have at least 2 operational enclosed lavatories and be equipped with at least one Automated External Defibrillator (AED) plus at least 1 commercial airline standard first aid kit. Additionally, for all flights the contractor will provide 24-hour airborne communications access to physician medical assistance/guidance, either using a company physician or a sub-contractor such as MedAire.

8.5 Data Protection

The Contractor will 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.

8.6 Aircraft Parking, Servicing, and Maintenance

The Contractor shall park the aircraft at loading and unloading locations within the selected airports after coordination with the COR. The Contractor will be 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 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 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 Contractor’s and/or subcontractor’s 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 will ensure that air conditioning carts are used to supplement onboard aircraft cooling systems when required to maintain comfortable cabin temperatures while on the ground. IAO must ensure that the environment inside the aircraft cabins meet current performance-based national detention standards (PBNDS) for detainee passengers.

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.

8.7 U.S. Government Responsibilities.

The U.S. Government shall 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 shall provide flight schedule requirements IAW sections 2.7 and 3.6.

The U.S. Government shall 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.

8.8 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. A contractor Project Manager (PM) will be designated who will be available via phone and e-mail twenty-four hours a day, seven days a week, during the contract period of performance. This position is included as Key Personnel in accordance with HSAR 3052.215-70 Key Personnel or Facilities

(DEC 2003). Note: The PM will not be a separately priced contract line item (CLIN); the PM shall be included as part of the Contractor’s total, all-inclusive wet lease price under administrative costs.

The PM shall have a minimum of 5 years project management experience, demonstrating project management support services with large, high risk, sensitive projects and division level management experience managing projects and staff of comparable scope to the effort assigned.

A signed and dated letter of commitment for the PM, including a resume, shall be provided with the offerors’ quotes. The resume shall reflect that the PM meets the minimum qualifications for the position.

8.9 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:

(1) 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.

(2) Insurance Certificates. When submitting proposals in response to a PWS Request for Quotation (RFQ) Contractors shall include copies of insurance certificates and certify that the required insurance coverage will be in force prior to performance of any services. Areas in the certificates denoting Liability and Hull insurance will be highlighted for easy reference.

(3) Workers Compensation. The Operator 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.

(4) Conditions of Insurance. Each such policy shall insure the Operator’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.

(5) Other Insurance(s) As Requested. In certain instances, the Government may require additional or supplemental insurance. If required, additional or supplemental insurance requests will be set forth in the PWS.

8.10 Summary Reports

The following reports are to be provided to the COR (the Government reserves the right to amend the list at any time):

• Invoice summary reports detailing charges for each flight/billing period with total cumulative charges, total flight hours to date, and flight hours/funding remaining on the contract.

• Monthly and quarterly summary of flights (for each flight include the type aircraft, origination and destination dates/times/locations, number of passengers, type and number of flight hours, invoiced amount) with monthly and cumulative monthly totals.

• Current pilot (covers pilot certifications and experience levels including type ratings) and current flight attendant rosters. For each individual listed, rosters should include name, date of birth, place of birth, citizenship, position assigned, and in addition for pilots, certifications and flight time experience.

• Quarterly operational summary Safety Reports (including total number of flights per quarter, total number of flight hours per quarter by CLIN, total number of flights designated by origin-destination pairs, details of any 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.

• The Contractor or subcontractor shall provide IAO with reports that demonstrate the existence of a healthy safety culture generated from their FAA-required Safety Management System (SMS). The report should include identified hazards, incidents and how risk has been mitigated through the carrier(s) SMS process. The reports will be provided in format agreed to by the IAO Safety Team and the air-carrier. Reports will be due by the 15th day following the reporting month.

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.

9.0 Aircraft Mishap/Emergency Response Plans and Aircraft/Records Safety Reviews.

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

• Established accident notification procedures in accordance with Title 14 CFR Part 121, subpart G, § 121.135, Item (23) or 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. requirements for documented training of those involved in accident/incident response;

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

• Provide copies of the plan to the IAO Aviation Safety Officer no later than thirty (30) days after award of a task order.

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).

10.0 Safety and Standardization Access

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 Contractor, in conjunction with the agency ASO determines the safety programs do not adequately promote the safety of operations, the Government may terminate the contract for cause as provided in the “Contract Terms and Conditions” when factors indicate a lack of compliance. The contractor will 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 121 or 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.