SectionK.doc

SOLICITATION NO: HTC711-07-R-0004

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

1. FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 481212 (Cargo) and 481211 (Passenger).

(2) The small business size standard is 1500 employees.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)

(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (c) applies.

[ ] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov . After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within 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 the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

2. DFARS 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (OCT 2006)

(a) Definitions. As used in this provision—

(1) “Government of a terrorist country” includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof.

(2) “Terrorist country” means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, North Korea, Sudan, and Syria.

(3) “Significant interest” means—

(i) Ownership of or beneficial interest in 5 percent or more of the firm’s or subsidiary’s securities. Beneficial interest includes holding 5 percent or more of any class of the firm’s securities in “nominee shares,” “street names,” or some other method of holding securities that does not disclose the beneficial owner;

(ii) Holding a management position in the firm, such as a director or officer;

(iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;

(iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or

(v) Holding 50 percent or more of the indebtedness of a firm.

(b) Prohibition on award. In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense.

(c) Disclosure. If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclose such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include—

(1) Identification of each government holding a significant interest; and

(2) A description of the significant interest held by each government

3. DFARS 252.209-7002 DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2005)

(a) Definitions. As used in this provision

(1) "Effectively owned or controlled" means that a foreign government or any entity controlled by a foreign government has the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the Offeror's officers or a majority of the Offeror's board of directors by any means, e.g., ownership, contract, or operation of law (or equivalent power for unincorporated organizations).

(2) "Entity controlled by a foreign government"--

Means—

(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; or

(B) Any individual acting on behalf of a foreign government.

(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992.

(3) "Foreign government" includes the state and the government of any country (other than the United States and its outlying areas) as well as any political subdivision, agency, or instrumentality thereof.

(4) "Proscribed information" means--

(i) Top Secret information;

(ii) Communications Security (COMSEC) information, except classified keys used to operate secure telephones units (STU IIIs);

(iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended;

(iv) Special Access Program (SAP) information; or

(v) Sensitive Compartmented Information (SCI)

(b) Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of Defense or designee has waived application of 10 U.S.C. 2536(a).

(c) Disclosure. The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest concerning the Offeror's immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and provide the information in the following format;

Offeror's Point of Contact for Questions about Disclosure

(Name and Phone Number with Country Code, City Code and Area Code, as applicable)

Name and Address of Offeror

Name and Address of Entity

Description of Interest, Controlled by a Foreign

Ownership Percentage, and

Government

Identification of Foreign

Government

4. DFARS 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

(a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into any subcontract in excess of $30,000 with a firm, or a subsidiary of a firm, that is identified in the Excluded Parties List System as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country.

(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is identified, on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country. The notice must include the name of the proposed subcontractor and the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

5. COMMERCIAL AIR TRANSPORTATION REVENUES

(a) The offeror represents that at least 60 percent of its air transportation revenues for the period 01 JAN 06 through 31 DEC 06 came from sources other than DOD. In applying this requirement, the DOD will consider all air carrier transportation revenues to be from commercial sources, except for revenues from the following DOD sources

(1) Revenue from all types of fixed and expansion air transportation procured by AMC;

(2) Revenue from DOD scheduled service passenger and cargo airlift (including General Services Administration (GSA) and World-Wide Express (WWX) small package services, where available);

(3) Revenue from DOD Domestic charters;

(4) Revenue from all transportation of mail which is chargeable to the Transportation Working Capital Fund (TWCF).

(5) Revenue from DOD Tender Business.

(b) Offeror shall complete the following:

(1) Total Revenue - Commercial Sources

(2) Total Revenue - DOD Sources

(3) Total Revenue - Commercial and DOD Sources

6. LOSS OF USE

The offeror, by checking the applicable box, ( ) elects to seek actual damages for loss of use under Section I, paragraph 3, FAR 52.250-1.

( ) accepts the Loss of Use Set Rate described in Section I, paragraph 7, Loss of Use Set Rate.

7. MINIMUM OFFER ACCEPTANCE PERIOD

(a) "Acceptance period," as used in this provision, means the number of calendar days available to the Government for awarding a contract from the date specified in this solicitation for receipt of offers.

(b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation.

(c) The Government requires a minimum acceptance period of 150 calendar days.

(d) In the space provided immediately below, offerors may specify a longer acceptance period than the Government's minimum requirement.

The offeror allows the following acceptance period:

______ calendar days.

(e) An offer allowing less than the Government's minimum acceptance period may be rejected.

(f) The offeror agrees to execute all that it has undertaken to do, in compliance with its offer, if that offer is accepted within:

(1) The acceptance period stated in paragraph (c) above or;

(2) any longer acceptance period stated in paragraph (d) above.

8. USE OF FOOD AND WATER

Offeror represents that they will:

a. Use only food and water requirements that meet Environmental Protection Agency (EPA) Safe Drinking Water Act (SDWA), primary (2002 CFR Title 40, Volume 14, Part 141, Sections 141.11 – 141.15 and 141.61 – 141.65) and secondary (2002 CFR Title 40, Volume 14, Part 143, Section 143.3) regulations.

b. Use only known, secure, state or locally licensed or permitted sources for all food and water.

c. Use only food and water purchased OCONUS from a US Military Preventive Medicine and/or Veterinary

Corps approved source (see http://www.veterinaryservice.army.mil/sources.html).

d. Include in purchase and shipping contracts a requirement that suppliers and transporters practice appropriate food security measures.

e. Inspect incoming food and water packaging, labeling, and inspect for signs of tampering.

f. Require transportation companies to conduct background checks on drivers and other employees with access to delivered food and water.

g. Require locked and sealed delivery vehicles and containers, and require seal numbers to be identified on shipping documents.

NOTICE OF USE

OF

MOBILIZATION VALUE POINTS (MVPs)

I ____________________________________(Name), ________________________________(Title), for _______________________________(transferee) hereby provide notice that on _____________(Date), _______________________________(Transferor) has authorized ____________________________(Transferee) the use of MVPs for the following aircraft in obtaining entitlement for the FY08 International CRAF contract. The aircraft from which the MVPs were derived are as follows:

AIRCRAFT

TAIL NUMBER

I further represent that:

(1) Except as specified in the contract, the use of these points is irrevocable and is for the entire period of the FY08 contract to include any option exercised for peacetime business.

(2) ___________________(Transferee) is committing its own aircraft to the CRAF Program in the minimum amounts required to be a CRAF Contractor and is otherwise eligible to participate in these contracts. (Currently the minimum amounts required to be a CRAF Contractor are 30 percent of a Contractor's passenger fleet or 15 percent of a Contractor's cargo fleet in wide-body equivalents. A Contractor operating both cargo and passenger aircraft must commit the minimum from each type of aircraft.)

TRANSFEREE________________________________

SIGNATURE _________________________________

TITLE _______________________________________

DATE OF EXECUTION ________________________

NOTICE OF TRANSFER

OF

MOBILIZATION VALUE POINTS (MVPs)

I, ____________________________________________(Name, title) hereby provide notice that _________________________(Transferor) has committed ___________(number) aircraft to the CRAF Program for FY08 and has on ___________________(Date) received confirmation from HQ AMC/A3B of ______(To be completed at time of award.) mobilization value points for said commitment. I further represent that:

(1) The following MVPs identified by the aircraft number, to which they pertain have been transferred to *__________________________(Transferee) for their exclusive use in obtaining entitlement under the FY08 Long-Range Entitlement contract(s) administered by HQ AMC;

AIRCRAFT

TAIL NUMBER

(2) The transfer of said points is irrevocable for the entire period of the FY08 contract to include any option exercise for peacetime business;

(3) The purpose of this transfer is for the purpose stated herein and in no way affects _____________________(transferor's) responsibilities or commitments under the CRAF contract with the Government; and

(4) The transfer has been approved by the appropriate authorities of _______________________(Transferor).

TRANSFEROR__________________________

SIGNATURE____________________________

TITLE_________________________________

DATE OF EXECUTION__________________

* In the event that aircraft MVPs are transferred to more than one carrier, a separate notice must be submitted for each.

STATEMENT OF LEASE CONFORMANCE

I, attorney for _________________________, have examined the leasing agreement dated ___________for Aircraft Manufacturing Number ____________, Serial Number _________________, by and between __________________________________________, for the period of _____________________________. An examination of the leasing agreement reveals no provision which would permit another air carrier to simultaneously claim CRAF credit for this same aircraft under the terms of this lease. Said leasing agreement provides the following:

(1) The subject aircraft is US registered and is to remain so during the lease;

(2) That _______________________________________ (Offeror) has exclusive control of the aircraft for the entire period of the contract, including the period for the 6-month option;

(Alternative: The lease expires on __________. The offeror has a unilaterally exercisable right to [renew the lease under the terms reflected in this statement for the remaining period of the contract, including the period for the 6-month option][purchase the aircraft], and intends to do so. A statement reflecting that intent is attached.)

(3) That _____________________________________________ (Offeror) may transfer possession of the aircraft to the Government during period of CRAF activation;

(4) That the lessor will accept Government indemnification in lieu of insurance during CRAF activation and that the failure to have insurance during CRAF activation is not an event of default;

(5) That there is no unacceptable limitation on the geographic area in which the aircraft can be operated, as long as the Government indemnifies the lessor for the aircraft subject to this lease.

(6) That the lessor has no contractual right to default except for breaches, identified in the attached pages; and

(7) That the leasing agreement includes a provision providing the lessee control of the aircraft in the event of a CRAF activation the entire period of the activation plus up to 6 months thereafter.

Firm _________________________

Name ________________________

Title _________________________

Date of Execution ______________

* NOTE: In lieu of a separate statement for each aircraft lease, an attachment to the statement may be submitted, which lists the aircraft manufacturing number, serial number, agreement date, period of the lease, and the parties to the agreement, provided that the statement clearly and unequivocally applies to each one of the aircraft so listed and is properly executed.

This entire statement including all seven subparagraphs must be executed and is mandatory for all leasing agreements. If the alternative in paragraph 2 of the lease conformance statement is used, a signed copy of the following statement must be included:

STATEMENT OF OFFEROR REGARDING LEASE RENEWAL/PURCHASE

The lease on aircraft ________expires____________. The offeror has, and intends to exercise on or before the expiration of the current lease, [a unilateral right to renew the lease under its existing terms][a unilateral right to purchase the aircraft].

The offeror recognizes and agrees that failure to [renew the lease on its existing terms on or before expiration][purchase the aircraft on or before expiration of the lease] will constitute contractor failure to maintain control over the aircraft as required by Paragraph 4.1. of the Performance Work Statement.

Official Authorized to Bind Offeror

Date

K-8