HSFE10-14-Q-0001_AMD_0003.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 59

HSFE10-14-Q-0001 10-15-2013

Daisy Joseph 907-792-4727 10-24-2013 2:00p.m. Alaska

Department of Homeland Security Federal Emergency Management Agency DR-4122-AK Contracting Office 1901 South Bragaw Street Anchorage AK 99508

N

481211

1,500 Employees

X

Net 30 N/A

X

Based on Individual Task Orders See Block 9

FEMA Finance Center

P. O. Box 9001 Winchester VA 22604

See CONTINUATION Page

TITLE: AIR PASSENGER TRANSPORTATION

Location: Intra- Alaska

Period of Performance: 11/01/2013 to 05/31/2014

IAW FAR 52.217-8 Option to Extend Services

Preference will be given to local organizations, firms, and individuals when contracting for major disaster or emergency assistance activities when the President has made a declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Preference may take the form of local set-asides or an evaluation preference.

The Point of Contact for this requirement is:

Daisy Joseph Local Phone Number: 907-792-4727 Email Address: daisy.joseph@fema.dhs.gov

PER CALL OR TASK ORDER

X X

X 1

Daisy Joseph Contracting Officer

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _______________________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT 36. PAYMENT 37. CHECK NUMBER

FOR

PARTIAL FINAL

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

A.2 PRICE/COST SCHEDULE …………………………………………………………………………...4

A.3 DELIVERY SCHDULE ………………………………………………………………………………5

A.4 PERFORMANCE WORK STATEMENT…………………………………………………………….6

A.5 SUBMITTALS ………………….. ……………………………………………………………………10

SECTION B - CLAUSES & PROVISIONS

B.1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)……………12

B.2 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) ………………………………..15

B.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS

(AUG 2013)

B.4 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUL 2013)

ALTERNATE I (AUG 2012)

B.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2013)

B.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

B.7 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

B.8 IDENTIFICATION OF GOVERNMENT OFFICIALS

B.9 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES

(JUN 2006)

B.10 HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS

ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)

B.11 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS

ATTACHMENTS:

WAGE DETERMINATION

AIRCRAFT USE REPORT

PAST PERFORMANCE REFERENCE

FIRST AID AND SURVIVAL KITS

Federal Emergency Management Agency BLANKET PURCHASE AGREEMENT

A.2 PRICE/COST SCHEDULE

ITEM DESCRIPTION OF SUPPL QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SERVICES PRICE

0001 Rate Per Flight Hour with Pilot 1.00 Hourly___________________ ____________________ (Small Aircraft)

0002 Rate Per Flight Hour with Pilot 1.00 Hourly___________________ ____________________

(Medium Aircraft)

0003 Rate Per Flight Hour with Pilot 1.00 Hourly___________________ ____________________ (Large Aircraft)

0004 Standby Rate Per Hour 1.00 Hourly___________________ ____________________ (Small Aircraft) For Orders- FEMA Missions Under 24 Hours

0005 Standby Rate Per Hour 1.00 Hourly___________________ ____________________ (Medium Aircraft) For Orders- FEMA Missions Under 24 Hours

0006 Standby Rate Per Hour 1.00 Hourly___________________ ____________________

(Large Aircraft) For Orders- FEMA Missions Under 24 Hours

0007 Cost Per Flight Hour with CoPilot 1.00 Hourly___________________ ____________________ Additional Cost Per Flight Hour When CoPilot is Requested or Needed

0008 Standby Rate Per Hour For Pilot 1.00 Hourly___________________ ____________________ Over 9 Hours

0009 Standby Rate Per Hour For CoPilot 1.00 Hourly___________________ ____________________ Over 9 Hours (When Needed or Requested)

0010 Cargo (accompanied w/passengers) 1.00 LBS ____________________ ____________________

0011 Miscellaneous (Unforeseeable Cost) 1.00 Hourly_________n/a at this time __________________ Related to FEMA Air Passenger

0012 Weekly Chartered Flight 1.00 Weekly___________________ ___________________ Anchorage to Galena

0013 Fuel Charges (based on current prices) 1.00 Per Gallon_________________ ___________________

A.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DATE OF DELIVERY

0001 1.00 TBD Per Task Order

0002 1.00 TBD Per Task Order

0003 1.00 TBD Per Task Order

0004 1.00 TBD Per Task Order

0005 1.00 TBD Per Task Order

0006 1.00 TBD Per Task Order

0007 1.00 TBD Per Task Order

0008 1.00 TBD Per Task Order

0009 1.00 TBD Per Task Order

0010 1.00 TBD Per Task Order

0011 1.00 TBD Per Task Order

0012 1.00 TBD Per Task Order

0013 1.00 TBD Per Task Order

A.4 – PERFORMANCE WORK STATEMENT (PWS)

Department of Homeland Security Federal Emergency Management Agency has a requirement for Air Passenger Transportation within the State of Alaska.

BACKGROUND: The Federal Emergency Management Agency (FEMA) mission is to reduce the loss of life and property and protect the Nation from all hazards, including natural disasters, acts of terrorism, and other man-made disasters, by leading and supporting the Nation in a risk based, comprehensive emergency management system of preparedness, protection, response, recovery, and mitigation.

The FEMA coordinates and provides the core Federal disaster response capability needed to save lives, reduce suffering, and protect property in communities throughout the Nation that have been overwhelmed by the impact of a major disaster or emergency, regardless of cause. The FEMA must ensure that Federal emergency response systems and capabilities are properly poised to lean forward to support States and communities overwhelmed by disasters and emergencies.

To support declared or undeclared emergencies and disaster response operations within the United States, its territories and possessions, FEMA may need to transport responders, personnel, equipment, and vehicles to affected areas. To meet this need, FEMA requires a contracted source of air transportation services for various types of charter jet aircraft, corresponding but not limited to types described in this PWS. A contract of this type will enable FEMA to proactively support the emergency response needs associated with natural, technological and man-made disasters in a timely manner.

SCOPE: FEMA has a requirement for Air Passenger Transportation within the State of Alaska. The number of passengers per flight will vary between 2 and 16 based on the mission (with or without cargo). In exceptional emergency circumstances larger missions may require larger aircraft or multiple aircraft to perform the mission.

Occurrences of flights will be on an as needed basis. However, the Government anticipates a minimum of 1 flight per week from Anchorage to Galena. Other destinations may include but are not limited to: Fort Yukon, Circle, Eagle, Tok, Hughes, Emmonak and Alakanuk. Flights should depart from the closest contractor base such as Anchorage, Fairbanks or Bethel.

PERIOD OF PERFORMANCE: November 1, 2013 to May 31, 2014 with the option to extend for an additional 6 months.

SPECIFICATIONS: The contractor shall provide all equipment, personnel, facilities, supplies and services necessary to perform passenger (with or without cargo) air transportation services as described per task order. Each task order will include a Performance Work Statement (PWS) detailing each requirement. The contractor shall provide aircraft(s) certified by the Federal Aviation Administration (FAA), Department of Transportation (DoT), and current commercial standards applicable to commercial aircraft charter.

Contractor furnished aircraft and equipment must be operable, free of damage, and in good repair. The aircraft interior must be clean and neat with no unrepaired tears, rips or other damage. The interior finish, including the paint, must be clean, neat, and in good condition. Any corrosion must be within manufacturer or FAA acceptable limits. Aircrafts must be within compliance with temperature gauge, seatbelts, fire extinguisher(s), and communication systems. Applicable to operations in the State of Alaska- one Iridium Satellite-Based Aircraft Tracking (ISAT) system is required for all aircraft.

The contractor must ensure that the aircraft and all required equipment are operated and maintained in accordance with the manufacturer’s specification. The contractor must comply with the Manufacturer’s Mandatory Service Bulletins (MMSBs) and FAA Airworthiness Directives (ADs) before and during agreement period. Additional equipment requirements include a strobe light or flashing LED, with either a white, or half-white and half-red lens, mounted on top of the aircraft, or otherwise visible from above. A first aid kit containing items specified in the attachment shall be furnished by the contractor and carried aboard the aircraft on all flights. A survival kit containing items specified in the attachment shall be furnished by the contractor and carried aboard the aircraft on all flights.

The contractor shall provide a pilot(s) who possesses the required certificates or evidence of having satisfactorily passed the evaluations for the required tasks to include but not limited to: FAA Commercial Pilot or Airline Transport Pilot (ATP) certificate with appropriate category, class, and type rating if required; instrument rating or ATP for airplanes; a minimum of a current second-class medical certificate issued under provisions of 14 CFR Part 67; evidence of satisfactorily passing all required FAA flight checks in accordance with provisions of 14 CFR Part 135. All pilots must meet the requirement of 14 CFR 61.57; and the Pilot in Command must meet flight time requirements of 14 CFR 135.

The contractor must operate in accordance with their approved FAA Operations Specification and all portions of 14 CFR Part 91.

Under 14 CFR 121 operators must comply with their approved standards for operations, personnel, equipment, avionics, maintenance, and servicing. The contractor must ensure that all personnel operate in compliance with the following requirements: manifesting, passenger briefing, flight plans, and no smoking requirements.

AVAILABILITY REQUIREMENTS: The contractor shall provide the approved aviation services upon acceptance of a task order. The task order period and destination will be stated per individual task order. Services under each task order are subject to cancellation/termination by either party upon a 24-hour notice, prior to commencement of work, unless a longer period is agreed upon in writing.

Aircraft use shall be subject to the exclusive use and control of the Government throughout the ordered period of use. The date and time of hire and time of release shall be recorded on the aircraft use report form. During the exclusive use period of hire and any extension, the contractor must be in compliance with all task order requirements and available and capable of providing service up to 14 hours per day, or as scheduled by the Government. Personnel must be available a minimum of nine hours each day, or as scheduled by the Government.

Standby is intended to provide the contractor compensation for employee time when ordered services are provided in excess of the first nine hours of service. Ordered standby must not exceed individual crew members’ daily duty limitations. There may be emergency instances when contractor personnel must be on standby as scheduled and must be ready for takeoff/dispatch within 15 minutes after the Government attempts to contact the contractor. Extended standby is not intended to compensate the contractor for hours necessary to service and maintain the aircraft.

The contractor personnel may be released and considered to be off duty prior to lapse of their individual crew duty limitation period. Once released, they cannot be required to return to duty status that day and service will be recorded as fully available status, provided the authorized Government representative has approved in advance release of the Contractor’s personnel.

MEASUREMENT OF PAYMENT for flight will be measured from the time the aircraft commences its take-off roll until it returns to the blocks. Elapsed time will be measured in hours and tenth/hundredths of hours. The Government will pay for all flights ordered by the Contracting Officer or the designated Government representative and flown by the contractor at the rates set forth in the Pricing Schedule. The Government does not guarantee any minimum or maximum number of flight hours under this agreement.

Standby airplane mission under 24-hours, the Government will pay for standby time when properly invoiced and reported on the Aircraft Use Report Form, at the agreed upon rate in the Pricing Schedule. Standby will not be earned for stops involving passenger exchange, cargo loading/unloading, fuel stops, lunch breaks, or acts of God, such as weather, which prevents the continuation of flight.

The contractor is responsible for the cost providing fuel required to perform under this agreement. The Government will not pay for fuel charges (per gallon based on market prices) associated with each task order. Maintenance and maintenance services will be the responsibility of the contractor.

Miscellaneous unforeseeable costs that cannot be recovered through the Pricing Schedule payment rates and that are the direct result of ordered services away from the contractor’s aircraft base of operations may be paid by the Government at actual costs, when authorized in advance by the Contracting Officer or the Contracting Officer Representative. Any unforeseeable costs must be supported with backup documentation such as a properly documented invoice. An example of an unforeseeable cost is: airport use costs (tie-downs).

BLANKET PURCHASE AGREEMENT (BPA): The agreement period for each contractor under this BPA shall be from the date of award by the Contracting Officer under the Standard Form 1449 Solicitation Contract Order for Commercial Items (SF1449), to May 31, 2014, with an option to extend the contract for an additional 6 months. However, the contract may be terminated by either party in writing prior to the end of the agreement. Under the BPA, the Government does not guarantee the placement of any orders for service and the contractor is not obligated to accept any orders. The Government is obligated only to the extent of a sign task order which states the services to be performed. Once the contractor accepts an order from the Government’s Contracting Officer, the contractor is obligated to perform in accordance with the terms and conditions stated herein and per task order.

Orders placed against this agreement shall not exceed $25,000.00 per ordered service, unless authorized by the Contracting Officer. Price is a mandatory consideration when pricing order for service, however, the Government reserves the right to justify a trade-off of higher prices to other factors such as time, past performance, and/or aircraft capabilities.

For the purpose of this BPA, multiple awards may be made to Local Alaska Air Passenger Transportation contractors who possess various aircraft types to meet the requirements of FEMA. Therefore, the contractor’s initial offer should contain the best terms and conditions from a price standpoint. Offerors that are considered unreasonable will not be considered for award.

The contractor must provide information specific to the aircraft, equipment, and personnel being proposed for use during the contract period of performance when requested by the Contracting Officer (CO).

The pilot qualification card is kept in the possession of the pilot and available for inspection at all times. If the Government determines any aircraft/equipment/personnel and records/documents presented for inspection are not completely ready for the inspection or are determined to be nonconforming as required by the contract, the CO or Contracting Officer Representative (COR) may suspend the inspection(s) and schedule a re-inspection for another time/date/site.

Adding or Deleting Aircraft after contract award the contractor may request in writing that the CO add an additional aircraft of the same make and model as originally awarded and identified in the Submittals (above) at the same price. The contractor shall make the request in writing to the CO documenting aircraft type, model number, tail number and provide a copy of the FAA 14 CFR Part 135 Operations Specifications (D085-1). The CO will make a determination after consulting with a Government Technical Advisor to determine if there is a Government need for the additional aircraft.

It is at the Government’s discretion as to whether additional aircraft will be allowed to be added relative to inspection and cost of inspection for additional aircraft and the needs of the Government. Additional aircraft shall not be added solely for the convenience of the contractor.

The contractor shall notify the CO immediately when an aircraft is no longer available (such as sale of aircraft, loss of certification, etc.) to ensure the contract source list is accurate and current.

Pilots. Only those individuals whose past flight time and experience may be verified from log books, employment records, etc., will be approved for contract use. The contractor cannot substitute any pilot flight evaluation time for any of the total pilot flight hour requirements listed in this contract.

Substitute Personnel, Aircraft, or Equipment. The contractor may request the use of substitute personnel, aircraft, or equipment that was not initially approved for use. All proposed substitutes must meet pertinent contract specifications and documentation be subject to inspections and approvals identified herein prior to use. The contractor must submit a written request for inspections of substitutes to the CO/COR seven days (unless agreed upon less days) prior to the scheduled arrival at the site. Requests received with fewer than a seven day notice will be accomplished as permitted by the CO/COR’s schedule.

In order to establish the basis for tax, the contractor shall be responsible for ensuring that the invoice for payment is completed showing each departure and arrival location using FAA airport identifier codes (or locally assigned codes), and that the total number of passengers and cargo for each segment is entered.

Invoice Submission and Reporting Requirements Supporting invoice(s) and/or documentation as required by each Task Order to support actual additional pay items (i.e. relief transportation costs, tie-downs, landing fees, etc.) shall be attached electronically to the applicable order. Failure to include such documentation would result in rejection of the invoice back to the Contractor for inclusion and resubmission. Payment invoices are to be submitted no sooner than every two weeks or upon conclusion of a project (order), if less than two weeks duration. Services provided must be shown per task order / per flight.

Aircraft Use Report Form. The contractor, or contractor's representative, and the Government must complete and sign an Aircraft Use Report Form. Instructions for proper completion of the Aircraft Use Report will be provided in conjunction with any necessary invoicing and reporting instructions at time of award or shortly thereafter.

It is the contractor’s responsibility to compute and submit a one-line item entry for Guarantee earned (averaged over Period of Hire) on the final Aircraft Use Report Form for that task order. The contractor needs to ensure the time of hire and the release date are shown on the final Aircraft Use Report Form for that service.

A separate Aircraft Use Report form shall be filled out, signed and submitted for each individual order. A single order is defined as the time between hire and release. Once the aircraft is released the order is complete (Note: The Government will pay for flight time at the hired rate for the aircraft’s return to their home base after release).

Enter each payment line item on the aircraft use report form individually by date. Do not lump items together. (For example: A contractor is claiming three days of per-diem. Do not enter one line item for each task order. Make each individual line entries claiming the appropriate flight rate(s) per task order).

Availability of Funds (52.232-18 APR 1984). Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the CO for this contract and until the contractor receives notice of such availability, to be confirmed in writing by the CO.

Aircraft Insurance. The contractor must maintain as a minimum, aircraft insurance coverage required by 14 CFR, Part 205, during contract performance. Prior to the commencement of work hereunder, the contractor shall furnish the CO a copy of the insurance policy or policies or a certificate of insurance issued by the underwriter(s) showing that the coverage required by this clause has been obtained. Each policy or certificate evidencing the insurance shall contain an endorsement which provides that the insurance company will notify the CO 30 days prior to the effective date of any cancellation or termination of any policy or certificate or any modification of a policy or certificate which adversely affects the interests of the Government in such insurance.

The notice shall be sent by registered mail and shall identify this contract, the name and address of the CO, the policy, and the insured.

A prework meeting may be held between the Government and the contractor along with their primary crew members and can be conducted via a telephone conference. The meeting may include, but is not limited to: (1) review of the contract in detail; (2) operational procedures (dispatch, flight following, hazard/risk assessment and reduction, airspace coordination, incident/accident reporting, etc.; and (3) review of the local base procedures. This meeting is administrative in nature and is not intended for technical inspection purposes.

Authorities and Delegations. The CO is the only Government individual authorized to enter into or terminate this agreement, negotiate, modify, change any terms or conditions of this agreement, waive any requirement of this agreement, or accept nonconforming work.

The COR will be designated in writing by the CO at time of award or shortly thereafter. The COR is authorized to take any or all actions necessary to ensure compliance with the technical portions of this agreement. The CO/COR and/or Government Advisor will conduct all requested or required inspections.

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

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

Waive or agree to modification of the delivery schedule;

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

Terminate, for any reason, the contractor’s right to proceed;

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

The CO will notify the contractor of all known unsatisfactory personnel conduct or unsafe performance. The employee may be afforded an opportunity for corrective action when the conditions warrant.

Safety and Accident Prevention. The Contractor must submit a copy of all reports required by the Federal Aviation Regulations that relate to pilot and maintenance personnel performance, aircraft airworthiness or operations to the Aviation Safety Manager (ASM) and Government CO/COR. The contractor must develop and maintain programs necessary to ensure safe practices during ground and flight operations. These programs are a material part of contract performance. The contractor must maintain an accurate record of all aircraft accidents, incidents, aviation hazards, and injuries to contractor or Government arising during this contract.

The Government does not guarantee the placement of any orders for service under this BPA and the contractor is not obligated to accept any orders. The Government is obligated only to the extent of authorized purchases actually made under the BPA.

However, once the contractor accepts an order from the Contracting Officer, the contractor is obligated to perform in accordance with the terms and conditions stated herein.

Aircraft furnished shall be subject to the exclusive use and control of the Government throughout the ordered period of use. The date and time of hire and time of release shall be recorded on the aircraft use report form. During the exclusive use period of hire and any extension, the contractor must be in compliance with all contract requirements and available and capable of providing service up to 14 hours per day, or as scheduled by the Government. Personnel must be available a minimum of nine hours a day or as scheduled by the Government. Pre- and post-flight activities must be accomplished within the 14- hour duty day. Routine maintenance must be performed before or after the scheduled14-hour period.

A.5 SUBMITTALS:

Proposals/Submittals should be sent to: daisy.joseph@fema.dhs.gov. Evaluation of proposals are located at B.2 Evaluation.

Contractor’s Cancelation Policy

List All Aircraft types intended for use in this requirement include:

o Maximum Passenger Capacity o Maximum Payload o Turbo or Reciprocating & Number of Engines o Pressurized or Nonpressurized o Cargo Door o Minimum Runway Length (at maximum gross weight) o Iridium Satellite Aircraft Tracking

Pricing Schedule

Completed SF 1449 (Contractor’s Name, Address, Phone Number, Signature, Title, and Date)

Completed Offerors Representations and Certifications located at 52.213-3 of this document

Reference Questionnaire Past Performance References (see attachment)

Copy of aircraft insurance certificate

Copy of FAA 14 CFR Part 135 Certificate and FAA 14 CFR 135 Operations Specifications with applicable offered aircraft tail number

Provide Pilot In Command (PIC) Certification IAW 14 CFR 61.57, and applicable Certification of CoPilot

Acknowledgement of Solicitation Amendments (signed SF30)

SECTION B - CLAUSES & PROVISIONS

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (FEB 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 1,500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address; daisy.joseph@fema.dhs.gov.

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW, Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (http://assist.daps.dla.mil).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by?

(i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://www.fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

B.2 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will evaluate proposals and select the contractor(s) based on (1) offer acceptability, (2) evaluated price, and (3) offeror capability.

1. Offeror acceptability: the Government must deem offers to be acceptable to consider them further and will base determinations of offer acceptability or unacceptability on the following factors:

a) Agreement to Solicitation Terms. Offeror must agree to all terms of this request for quotes (by signing & dating the SF1449) and providing all information requested (see submittals). Offers will be unacceptable if exceptions are taken to any of the terms of this solicitation or lack of the SF1449 and Amendments (SF30).

2. Evaluated Price. Prices will be evaluated to ensure they are fair and reasonable when compared to other similar aircraft models providing commercial flight services. The Government reserves the right to reject offers that have materially unbalanced flight rates when compared to other offers received.

3. Offeror Capability:

a) Minimum Aircraft Requirement. Offeror must propose an aircraft(s) that meets or exceeds the minimum aircraft requirement specifications as stated in the PWS (FAA Certifications). Your offer will be unacceptable if you propose an aircraft that fails to meet any of the minimum aircraft requirements specified in this solicitation.

b) Pilot Resume and Certification. Offeror must meet provide PIC and CoPilot that meet the requirements at 14

CFR 61.57. Your offer will be unacceptable if you do not submit requested information.

c) Past Performance. Offeror will be evaluated based on at least three past performance references. References should be within the last three years. Any negative reference may be considered unacceptable. See attached Past Performance Evaluation Form.

4. Unacceptable offers will be eliminated without further consideration when requested information in submittal and item above have not been satisfied.

5. All factors are considered equally important.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

B.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS (AUG

2013)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision--

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service--

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

"Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except--

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The…