HSFE10-14-Q-0001_AMD.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 54

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

$19 Million

X

Net 30 N/A

X

Based on Individual Call See Block 9

55TM6

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 mailto:daisy.joseph@fema.dhs.gov

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 INSTRUCTIONS TO OFFERORS ……………………………………………………………………10

SECTION B - CLAUSES & PROVISIONS

B.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-- COMMERCIAL ITEMS

(AUG 2013)

B.2 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUL 2013)

ALTERNATE I (AUG 2012)

B.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

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

B.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

B.5 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

B.6 IDENTIFICATION OF GOVERNMENT OFFICIALS

B.7 HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES

(JUN 2006)

B.8 HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS

ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)

B.9 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS

ATTACHMENTS:

WAGE DETERMINATION

AIRCRAFT USE REPORT

REFERENCE QUESTIONAIRE

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

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

SECTION A.4 – PERFORMANCE WORK STATEMENT

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 currency 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 of all fuel required to perform under this agreement. The Government will not pay for any fuel services associated with this agreement. Fuel services, 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 project, 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 NOTE: Orders placed against this agreement shall not exceed $25,000 per ordered project, unless authorized by the Contracting Officer.

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 training on using the invoicing and reporting system at time of award. The contractor will use the completed, signed and scanned electronic Aircraft Use Reports as their invoice.

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 project/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 project.

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 per-diem worth three days. Make three individual line entries claiming the appropriate per-diem rate).

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). 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 personnel 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, as scheduled by the Government. Personnel must be available a minimum of nine hours each 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, or as permitted elsewhere in the ARA.

A.5 INSTRUCTIONS TO OFFERORS:

Proposals/Submittals should be sent to: daisy.joseph@fema.dhs.gov in addition to the following submittals and evaluation of proposal information shown in Evaluation Commercial Items.

SUBMITTALS:

• 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 mailto:daisy.joseph@fema.dhs.gov

• 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 (at least three references)

• 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

• Acknowledgement of Solicitation Amendments (signed SF30)

SECTION B - CLAUSES & PROVISIONS

B.1 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.

http://www.acquisition.gov/

"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 management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), 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.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs N/A.

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:_________________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture:

__________________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either--

(A) It [ ] is, [ ] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [ ] has, [ ] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) [ ] Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ___________________.]

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246--

(1) Previous contracts and compliance. The offeror represents that--

(i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [ ] has, [ ] has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--Supplies."

(2) Foreign End Products:

Line Item No Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act."

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act":

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products…