HTC711-08-R-0006 0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

The purpose of this amendment is to require the aircraft to have a pressurezed cabin as stated in paragraph 1.1 of Attachment 1, Performance Work Statement, and to change the due date for offers to 16 December, 2008, 4:00 PM Central Time.

1. CONTRACT ID CODE PAGE OF PAGES

J

FAR (48 CFR) 53.243

1 16

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 09-Dec-2008

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HTC711-08-R-0006

X 9B. DATED (SEE ITEM 11)

04-Nov-2008

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

09-Dec-2008

CODE

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

HTC711 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HTC711-08-R-0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 11-Dec-2008 04:00 PM to 16-Dec-2008 04:00 PM.

The following have been modified:

ATTACHMENT 1

PERFORMANCE WORK STATEMENT

Alaska 7-Passenger Air Transportation Services 16 Oct 2008

1. DESCRIPTION OF SERVICES.

1.1. Aircraft Service. The contractor shall provide all personnel, equipment, tools, materials, supervision and other items and services necessary to perform the air transportation services under this contract. The contractor shall furnish air transportation services from Elmendorf AFB AK to various locations throughout the state of Alaska via contractor-furnished, IFR-equipped, turbine-powered, multi-engine aircraft. Aircraft utilized must be capable of transporting a minimum of seven (7) passengers plus baggage capacity of 980 pounds, and the capability to land on and take off from 3,500 foot gravel runways. Although the aircraft must have seven seats, it must have a range of at least 1,000 GCSM with 4 passengers and 40 lbs of baggage each. Contractor aircraft must be fully self-supporting with internal passenger stairs, auxiliary power unit (APU) for self-starting, and have a pressurized cabin.

1.2. The Great Circle Statute Miles (GCSMs) listed between the Alaska locations in Attachment 3 (Alaska Mileage Chart) are the accepted miles for the purposes of performance and payment under this contract. Due to adverse weather conditions, if the flight is put in a holding pattern or diverted, payment will be calculated by multiplying flight time minutes times the block speed of the aircraft (provided by the contractor in Attachment 2, LIST OF AIRCRAFT, divided by 60 and then multiplied by the unit price. Flight time minutes shall be computed from block out to block in.

1.3. The Contractor personnel shall comply with all pertinent military regulations and/or directives when in base flight patterns and on military installations. Regulations can be obtained from the Airfield Operations Managers.

1.4. CANCELLATIONS:

1.4.1. In the event a flight is canceled prior to the scheduled departure time, or substitute service is used at the point of origination of the flight or en route, due to contractor controllable reasons, movement of any aircraft into and out of scheduled service will be at the Contractor’s expense. The Contractor shall notify the Contracting Officer’s Representative (COR) immediately of any delay of aircraft departure including the reason thereof.

1.4.2. Should the Government cancel a scheduled flight after the contractor’s aircraft has already departed its home base enroute to position, or has already positioned for a scheduled flight when notice of cancellation is given, the Government shall reimburse the contractor positioning and depositioning costs at the prices set forth in the “Cancellation Costs” CLIN(s) in the schedule.

1.5. No scheduled maintenance except en route or turnaround service and safety of flight items will be accomplished at military installations under the terms of this contract except as otherwise authorized by the 732 AMS/AMCC

(AMCC) when deemed to be in the best interests of the Government. If any maintenance service is to be performed including en route, turnaround, safety of flight or scheduled maintenance during ground time of aircraft at 11th Force bases, the contractor will notify the COR as follows:

1.5.1. Specific type of maintenance to be performed.

1.5.2. Anticipated duration.

1.5.3. Type of Government-Furnished Service desired in conjunction with performance of the turnaround or en route maintenance service.

1.5.4. Any reimbursable support desired in conjunction with performance of the turnaround or en route maintenance service.

1.5.5. Any change in status or type of work to be performed subsequent to initial notification to the COR will be immediately communicated to AMCC. AMCC will coordinate the above information with Maintenance Control to assure proper spotting of the aircraft in relation to the degree of hazard associated with the maintenance work to be performed. The COR and other interested base agencies will also be notified by AMCC. Requests for reimbursable services will be passed from the AMCC to the COR who will arrange for performance of the required services.

1.6. The Contractor shall furnish to the Contracting Officer (CO) the name of a person and point of contact who will serve as a liaison between the Contractor and CO. This person must have authority to adjust schedules, engage substitute airlift, and make decisions pertinent to the airlift, in the name of the Contractor.

1.7. The Contractor shall not deviate from the scheduled points of landing without prior approval of the AMCC except in a bona fide emergency.

1.8. Extensions and En route Stops. The Contractor shall comply with all instructions issued by the AMCC pertaining to extensions of scheduled flights and en route stops. Additional mileage resulting from extensions of scheduled flights will be computed in accordance with paragraph 5.8 of the Performance Work Statement (PWS) entitled “Method of Measuring Distance”, and payment will be made at the GCSM for the applicable type aircraft as set forth.

1.8.1. Partial Missions: Partial missions charged under CLIN 0001 (1001, 2001, 3001, or 4001) shall be supported by flight logs which should include time of departure and arrival. These are scheduled missions that depart but are forced to return due to inclement weather or other unforseen circumstances. Calculations that support the invoice amount for partial missions shall be clearly identified in the “Description” block of the invoice in Wide Area Workflow (WAWF).

1.9. If a mission is delayed or diverted due to a Contractor controllable delay (includes maintenance delays), the Contractor shall provide hot meals and transportation to the meal location if the delay extends over a normal meal period for all passengers manifested. If the delay requires an overnight stay, the Contractor is responsible for meals, transportation and billeting for those passengers manifested. If the delay or diversion is not a Contractor controllable delay, care of the passengers shall be the responsibility of the government. However, when requested by the government, the Contractor shall provide billeting and transportation for all passengers manifested on a reimbursable basis. Meals and personal expenses, i.e., telephone calls, TV, etc., shall not be provided.

1.10. The Contractor shall have an identified base of operations for performance of this contract and have current landing permits from appropriate military services. To permit use of military installations, the Contractor must obtain landing permits as follows:

1.10.1. AIR FORCE BASES. Pursuant to AFI 10-1001, landing permit, DD Form 2401, may be secured from USTRANSCOM/TCAQ-R, 508 Scott Drive, Scott AFB IL 62225-5357, and must be completed and forwarded to the above quoted office. In addition, Hold Harmless Agreement, DD Form 2402, and Certificate of Insurance, DD

Form 2400, may also be obtained from, and returned upon completion to USTRANSCOM/TCAQ-R along with the DD Form 2401.

1.10.2. NAVY AND MAR1NE CORP AIR STATIONS. Call Ms. Audrey Taylor for instructions at 202-685-9202.

1.10.3. ARMY INSTALLATIONS. Call Mr. George White for instructions at 703-806-4864.

1.10.4. Maintenance or other unforeseen problems may warrant an overnight stay at Elmendorf AFB. Such instances will be worked on a case by case basis by the AMCC and the COR. When the aircraft is parked overnight at Elmendorf AFB, the CANCELLATION COST provisions in the schedule shall not apply.

1.11. For the purpose of this paragraph, the term “Schedules” means the day and time of day of the flight operation.

To the extent such schedules are not specified in this contract, they shall be established by mutual agreement between the Contractor and the 732d AMS Mobility Officer as appointed by the 732d AMS/CC at least 24 hours prior to the desired departure date. Schedules may be given verbally or in writing. When schedules are given verbally, the government will confirm the schedules in writing prior to mission departure.

1.12. The Contractor shall contact AMCC at (907)552-3258/2858 two hours prior to positioning the aircraft at the originating station for the purpose of obtaining weather status at destination stations. The Government and the contractor agree that the flying required under the terms of this contract will be undertaken when in the judgment of the contractor there is a reasonable expectation of completing a given flight. The responsibility for presenting the facts and conditions to show there was a reasonable expectation of completing a flight rests with the Contractor. The Government and the contractor agree that the aircraft may not be capable of transporting the full ACL under this contract due to adverse weather conditions. The weight of additional flight planned fuel may be deducted from the ACL for those flights where adverse weather conditions require this additional fuel.

1.13. STAND-BY TIME: In the event the contractor is directed by the government to standby for flights performed under this contract, the first hour of standby time, for each standby period, will be at no cost to the government. At mission origin, standby time shall commence one hour after the scheduled departure time or one hour after aircraft is in place ready for loading, whichever is later. At destination and enroute stops, standby time shall commence one hour after the aircraft is offloaded at destination and shall end when the authorized government representative releases the aircraft for departure, makes the determination that the aircraft will remain overnight, or the flight is canceled. Standby time will not be chargeable to the government for contractor controllable delays or for those caused by Acts of God or weather conditions below minimums that preclude takeoff of flight to the destination. For the purpose of payment, standby time will be computed to the nearest one-quarter hour increment.

2. SERVICE DELIVERY SUMMARY

PERFORMANCE OBJECTIVE SOW PARAGRAPH PERFORMANCE THRESHOLD

The contractor shall maintain on-time schedule reliability.

5.1 85% Quarterly

The contractor shall carry the scheduled load of passengers and baggage on each flight.

N/A 95% of the time

3. GOVERNMENT-FURNISHED SERVICES AND EQUIPMENT

3.1. The Government will provide the following services for all landings made at military installations (originating, en route, and terminating stations), if available, at no cost to the Contractor except as otherwise provided in this paragraph.

3.1.1. Transient alert and ramp services to include:

3.1.1.1. Landing.

3.1.1.2. Follow-me vehicle.

3.1.1.3. Towing, a qualified Contractor’s representative will be in the cockpit during towing operations.

3.1.1.4. Parking.

3.1.1.5. Chocking and grounding of aircraft.

3.1.1.6. Positioning, connecting, operating and depositioning of aircraft ground power unit.

3.1.1.7. Fire guard for engine starts.

3.1.1.8. Positioning, connecting, operating and depositioning of engine start carts.

3.1.1.9. Positioning, operating and depositioning of compressor for airing of struts and tires. Nitrogen may be used when available to inflate aircraft tires. A qualified contractor technical representative will be present to supervise.

3.1.1.10. Position, deposition and supervise the operation of aircraft axle jacks for tire changes. A technically qualified contractor representative will jack the aircraft.

3.1.1.11. Ramp sweeping.

3.1.1.12. To-plane service of hydraulic fluid and supply of oxygen (gaseous or LOX) on a reimbursable basis.

Equipment and necessary operators will be furnished for wing de-icing at no cost; the de-icing fluid will be furnished on a reimbursable basis.

3.1.1.13. Maintenance stands, when required for ground servicing operations.

3.1.1.14. To-plane fuel servicing. A Contractor representative will connect/disconnect the fuel hose to/from the aircraft Single Point Refueling (SPR), and control the flow of fuel into the plane.

3.1.1.15. Chief Servicing Supervisor (CSS) and fuel unit monitors in accordance with T.O. 00-25-172 when a concurrent ground servicing is accomplished.

3.1.2. Terminal and traffic services to include:

3.1.2.1. Flightline transportation for crews.

3.1.2.2. Fleet service.

3.1.2.3. Fire and crash rescue support.

3.1.2.4. Aircraft clearance facilities and Base Operations Support.

3.1.2.5. Emergency medical services to Contractor aircrews and personnel on a reimbursable basis.

3.1.2.6. Weather forecasting.

3.2. Purchase of petroleum products by the contractor at any military base for use in performing services hereunder shall be in accordance with Air Force Manual 32-110, Vol I, PT III, Chapter 1. If available, petroleum products will be furnished to the contractor at Defense Energy Support Center (DESC) standard price. A credit letter is required for credit sales. Contact DESC, Fuels Branch, telephone (210) 925-4887.

3.3. A Supervisory Contractor Representative (SCR) will be present for supervision and control of contractor personnel/equipment during aircraft fuel servicing. All concurrent aircraft refueling services will be conducted in accordance with Technical Order (TO) 00-25-172.

3.4. Aviation gasoline (AVGAS) is not available at any Air Force location.

4. REIMBURSABLE SERVICES AND COSTS

4.1 Reimbursable expenses, listed under CLIN 0004 (CLINS 1004, 2004, 3004 and 4004) if options are exercised), shall be identified as separate items and shall be supported by paid receipts.

4.2 The Government will reimburse the Contractor, at cost, for all airport fees assessed as a result of authorized performance under this contract. Examples of airport fees include landing and parking fees.

4.3 Any federal transportation taxes that the Contractor is required to pay for performance of this contract shall be added to the Contractor’s invoices as a separate item, and the Government shall reimburse the Contractor, at cost, for the amount of such taxes. (Reference Public Law 97-248, Tax Equity and Fiscal Responsibility Act of 1982).

4.4 In the event the contractor is requested by the Government to care for passengers during a mission delay or diversion, which is not a contractor controllable delay, the government will reimburse the contractor, at cost, for such expenses. See paragraph 1.9.

4.5 In the event the contractor’s crew is required to remain overnight at an enroute stop or other destination, through no fault of the contractor, the contractor shall be reimbursed per diem rates consistent with PL 99-234, Federal Civilian Employees and Contractor Travel Expenses Act of 1985 and FAR 31.205-46(a)(2), during the performance period of this contract for each authorized overnight lodging. Food and lodging arrangements are the contractor’s responsibility. Claims for food/lodging expenses shall be supported by paid receipts to the maximum extent possible. In the event paid receipts cannot be furnished, other documentation must be submitted.

4.6 Fuel Adjustment: In order to protect the contractor and the government against significant market fluctuations in the price of fuel, an adjustment will be made based on actual costs incurred. All reimbursements to the contractor shall be made under the “Reimbursable Costs” CLINS in the schedule. The contractor shall purchase government fuel for the performance of this contract to the maximum extent practicable.

4.6.1 Economic price adjustment (EPA) pursuant to this clause is limited to changes in the contractor’s cost for fuel only. Allowable fuel adjustments will be made upward or downward only if the price of fuel varies by more than one cent per gallon from the following pegged rate for fuel:

FUEL TYPE BASE PRICE

JP-5 $3.00/GL

JP-8 $3.00/GL

Jet-A $3.00/GL

4.6.2 When the average price per gallon paid by the contractor is greater than the established base price indicated above, the government will reimburse the contractor the difference between the price paid and the established base price. When the average price per gallon paid by the contractor is below the established base price indicated above, the contractor will reimburse the government the difference between the price paid and the established base price.

Under these circumstances, the contracting officer will advise how funds will be reimbursed.

4.6.3 The contractor shall provide either an invoice for fuel reimbursement, or when a reimubrsement is due from the contractor to the Government, a report with fuel receipts attached, for each mission flown. Reports shall be provided not later than 30 days after the date of fuel purchase.

4.6.4 The actual average cost per gallon under this EPA clause shall be rounded to four decimal positions (e.g., $2.6308).

4.6.5 For the contracting officer to consider a request for adjustment, the contractor shall submit data that clearly supports the request for adjustment. At a minimum, the contractor shall submit: 1) total mileage flown in performance of the USTRANSCOM contract/mission, 2) fuel costs associated with that performance, and 3) associated financial data or receipts, if requested by the Contracting Officer.

4.6.6 The following steps will be taken to determine the adjustment:

4.6.6.1 The contractor’s fuel burn rate, established in the List of Aircraft in the contract, is multiplied by the total mileage flown in performance of the contract. In the case of a substitute aircraft not listed in the schedule, the lower burn rate of the substitute aircraft or the aircraft normally used in performance of the contract shall be used.

4.6.6.2 The product is then multiplied by the difference between the price per gallon paid and the established base price in the contract (also known as the variance).

Example:

Miles flown in support of the USTRANSCOM contract = 23,654 Burn rate for aircraft type (in schedule) = 4.21 gallons per mile Base price of fuel established in the contract = $2.50 Actual average cost per gallon = $2.6308

Calculation:

Miles * Burn Rate * EPA Price Variance = Adjustment

23,654 * 4.21 = 99,583.34* $0.1308 = $13,025.50

5. GENERAL INFORMATION.

5.1. SCHEDULE RELIABILITY.

5.1.1. The Contractor’s schedule reliability rate shall be computed for a 3-month period by subtracting the total number of Contractor-controllable delays at the originating and all en route stations during the 3-month period from the Contractor’s total number of scheduled originating and en route station departures in that 3-month period, and dividing the remainder by the Contractor’s total number of scheduled originating and en route station departures for the period, and finally, by stating the result as a percentage of the actual departures. This reliability rate computation shall be made as of 2400 hours GMT on the last day of each calendar month. The originating station is defined as the initial onload station of a mission.

5.1.2. A delay shall be deemed to have occurred at the originating or en route station if the Contractor’s aircraft departs the blocks more than 20 minutes after the scheduled departure time. The scheduled departure time shall be as established pursuant paragraph 1.11. A delay at originating and en route stations, caused by factors beyond the control and without the fault or negligence of the Contractor, shall be considered as Contractor-uncontrollable; a delay for any other reason shall be considered Contractor-controllable. The Contractor-uncontrollable delay time experienced at the originating and en route stations on a mission shall be added to the scheduled departure time at the next en route station for purposes of determining the scheduled departure time at that station on that mission.

5.1.3. Failure to maintain an 85 percent schedule reliability rate for a 3-month period will be reason for terminating this contract pursuant to FAR 52.212-4(m). However, nothing in this paragraph shall limit the right of the Government to terminate this contract for default for other reasons or to limit any other rights and remedies provided the Government by law or under this contract.

5.1.4. The Contractor shall adhere to the schedule published by the AMCC. Whenever any contractor-operator aircraft delays beyond the twenty-minute limit, the reason for the delay will be passed to the AMCC as soon as possible, but not later than 1500 Local Time (L) of the same day as the delay is incurred. If the delay is incurred after 1500L, the reason for the delay will be passed to the AMCC not later than 0900L of the following day. On the day of mission execution, changes to the AMCC schedule may be made by the COR. In this case, delays will be measured against the amended schedule.

5.2. DIVERTED AND REROUTED FLIGHTS

5.2.1. The AMCC may divert or reroute any trip as set forth in CLIN 0001 to any route within the same area of operation.

5.2.2. For the diverted or rerouted airlift contemplated by 5.2.1 above, the Contractor shall, in all such instances, furnish the required miles of air transportation specified in the AMCC directive in accordance with all the terms and conditions of this contract. The Contractor shall comply with all directions, including those given orally, of the AMCC concerning diverted or rerouted airlift.

5.3. EXCESS ACL AND ROUTE SUPPORT

5.3.1. The Contractor may transport route support items and personnel, including support for aircraft not operationally ready. The Contractor must give at least six hours advance notice whenever he requires seats for mission route support on a DoD contracted mission. This notice shall be given to the COR. The Contractor will not be charged for on/offloading services in connection with moving route support cargo. Route support personnel are personnel employed by the Contractor for route support and required for performance of this contract.

5.3.2. The Contractor may also move its own route support items and personnel, including support for aircraft not operationally ready in space not used by the Government (excess ACL). However, in any such case, any passengers or baggage displaced by said route support will result in appropriate reduction in payment on a pro rata basis to the Contractor for such flight.

5.4. COMMAND AND CONTROL

5.4.1. On positioning legs, the Contractor shall call the Counsel Controllers at the AMCC, (907) 552-3258/2858, after the aircraft departs for the originating station. Contractor shall advise AMCC of estimated arrival time at originating station, call sign, type aircraft, available ACL and available passengers’ seats.

5.4.2. If the Contractor determines, upon departure, that the aircraft arrival time is expected to deviate by more than 15 minutes from the scheduled arrival time, contractor shall advise AMCC of the reason for the deviation and the proposed new arrival time.

5.4.3. In the performance of this contract, the Contractor may utilize the USAF HF Global Command and Control System, in addition to other radio frequencies listed in the Flight Information Publication (FLIP) Alaska Supplement, or as provided by the Government.

5.4.4. On all inbound flights to Elmendorf AFB, the aircraft captain shall call AMCC as soon as feasible with its ETA at Elmendorf and any special requirements.

5.4.5. On all departures (except the depositioning leg) from Elmendorf, the aircraft captain shall call AMCC (VHF 134.1-call DENALI) with its actual take-off time and ETA to next destination.

5.4.6. Weather diversions and/or overflys. When diversions or overflys of any site are warranted because of weather, the following procedures will be followed:

5.4.6.1. The Aircraft Commander shall notify AMCC by one of the following means and request instructions.

5.4.6.1.1. Contact AMCC directly via assigned HF.

5.4.6.1.2. Request phone patch to AMCC via a USAF Global Command and Control System Station.

5.4.6.1.3. Pass a message through the site Base Operations via VHF. They in turn will request AMCC guidance.

5.4.6.1.4. Request a VHF phone patch through a local flight service station.

5.4.6.2. The Contractor shall comply with AMCC instructions. The Contractor shall be paid for all miles flown as directed by the AMCC. Payment will be in accordance with Paragraph 5.8 entitled “Method of Measuring Distance.”

5.4.6.3. If the AMCC does not issue diversion instructions within 15 minutes, the Aircraft Commander will exercise his best judgment and divert at his discretion.

5.4.6.4. If the Aircraft Commander fails to notify AMCC of impending diversions, or fails to follow the AMCC instructions, the Contractor shall be responsible for the care of passengers, if any, and for loading/offloading and storage of baggage if required. In addition, the Contractor shall be reimbursed only for the miles set forth in the original routing, if he subsequently completes the routing. If the Contractor completes only a portion of the routing, he shall be paid accordingly.

5.5. AIR CARRIER INSURANCE REQUIREMENTS

5.5.1. Prior to performance of any services hereunder, the contractor shall, at its own expense, procure and maintain during the entire performance period of this contract, with a financially and legally responsible insurance company or companies minimum insurance coverage as set forth below:

5.5.1.1. Liability for Bodily Injury to or Death of Aircraft Passengers: A limit for each person of at least three hundred thousand dollars ($300,000.00), and a limit for each occurrence in any one aircraft of at least an amount equal to the sum produced by multiplying three hundred thousand dollars ($300,000.00) by seventy-five percent (75%) of the number of passenger positions.

5.5.1.2. Liability for Bodily Injury to or Death of Persons (EXCLUDING PASSENGERS): A limit of at least three hundred thousand dollars ($300,000.00) for each person in any one accident, and a limit of at least two million dollars ($2,000,000.00) for each accident.

5.5.1.3. Liability for Loss of or Damage to Property: A limit of at least two million dollars ($2,000,000.00) for each accident.

5.5.1.4. If Combined Single Limit Liability is used, the amount thereof shall be at least equal to the combined minimum prescribed above for the various categories of split limits coverage.

5.5.1.5. Liability payment insurance purchased pursuant to the requirements of this paragraph shall cover payment to the U.S. Government pursuant to the subrogation provisions of the Medical Care Recovery Act (42 U.S.C. 2651-3) and, within the liability limitations of this contract, the cost of U.S. Government provided medical care to the extent that said insurance would cover payment of the cost of medical care in the absence of any U.S. Government obligation to provide medical care.

4.5.2. The contractor will provide written verification of insurance to arrive at USTRANSCOM/TCAQ-R, 508 Scott Drive, Scott AFB IL 62225-5357 prior to the contract award. The Contractor will expressly verify that (i) its insurance coverage meets all the requirements of this paragraph and (ii) that all policies providing coverage under this paragraph contain endorsements providing for the waiver of any right of subrogation the insurer may have against the United States by reason of any payment under the policy on account of any damage or injury in connection with the insured’s use of any Government aviation facility, or the insured’s purchase of services or supplies from the United States Government.

5.5.3. In the event of cancellation or material change in policy coverage, thirty (30) days prior written notice shall be given to the Contracting Officer at the address in paragraph 4.5.2. above.

5.6. SERVICES AT GOVERNMENT INSTALLATIONS

5.6.1. Billeting and messing for Contractor’s crews, and Government-owned property required in support of this contract not specifically provided for in other provisions of this contract, may be provided by the government at the discretion of the commanding officer of the military installation involved. Any expenses incurred by the Contractor for billeting and messing for Contractor’s crews shall be borne by the Contractor. Other services at military bases, where commercial services are not available, or not available on a timely basis may be made available to the Contractor on an emergency basis only, as determined by the Contracting Officer. Aerospace Ground Equipment (AGE) and traffic handling and servicing equipment, with necessary operators, if provided, shall be furnished without charge to the Contractor. Technical services and maintenance labor provided as well as supplies and parts issued shall be on a reimbursable basis and in accordance with and subject to the provisions of:

5.6.1.1. Air Force Installations - AFI 10-1002, page 2, para 3.4. and AFM 23-110, Vol 2, Part 2, Chapter 24 - Ref Maxwell AFB - Gunter Annex, AL. DSN 596-5186, Comm (334) 416-5186.

5.6.2. Contractor will be permitted to utilize military telephone and radio communications facilities in those areas where commercial circuits are not available and it is in the best interests of the Government as determined by the Contracting Officer. Contractor use of military communications facilities must be limited to transmission/reception of airlift mission support traffic and must not interfere with military command control traffic.

5.6.3. The commander of Government installations at which the Contractor is required to land may make available to the Contractor, the use of equipment or services not covered by the contract. The contractor may be required to remove aircraft from unloading position on the ramp to a designated parking area within such time as required by the local commander after unloading operations are completed. Reimbursement for the government furnished service and/or equipment will be made in accordance with the applicable regulations of the Government installations involved.

5.7. NOTICES AND REPORTS

5.7.1. Notice of Accidents — DoD Missions. When a contractor’s aircraft is involved in an accident or incident in support of an DoD mission and as defined in 49 CFR, Part 830, the contractor will transmit the following information by the most expeditious means available, to the Tanker Airlift Control Center (TACC) Emergency Action Cell at Scott AFB, Illinois, telephone (618) 229-0360. On the next business day, notification must also be made to the Contracting Officer, USTRANSCOM/TCAQ-R, Scott AFB IL (618) 256-6524.

5.7.1.1. Carrier and trip number.

5.7.1.2. Aircraft type and number.

5.7.1.3. Date and time of the accident.

5.7.1.4. Last point of departure and point of intended landing of the aircraft.

5.7.1.5. Nature of the accident and the extent of damage to the aircraft so far as is known.

5.7.1.6. Total number of crew members and passengers on board.

5.7.1.7. Number of injured and fatalities aboard the aircraft.

5.7.1.8. Condition of baggage or government-owned material, if any, on board.

5.7.2. Notice of Accidents - Non-DoD Missions. When contractor’s aircraft is involved in an accident or incident in support of a non-DoD mission, and as defined in 49 CFR, Part 830, the contractor will transmit the information in paragraph 4.7.1 above by the most expeditious means available on the next business day to HQ AMC/A3B, Scott

AFB IL (618) 229-4801 or 4343.

5.7.3. Aircraft Medical Incidents. Report all aircraft medical incidents in flight, or while DoD passengers are under the control of the aircraft captain, to the first available COR or Contracting Officer, at the next en route station for in flight incidents, or the station where the incident occurs.

5.7.4. DoD Casualties. In cases where a death occurs on a Contractor’s aircraft, the following information shall be furnished via telephone to the numbers listed below: Name, Social Security Number (SSN), and component of service identified as Army-USA, Air Force-USAF, Navy-USN, Marine Corps-USMC, and Coast Guard-USCG. The following is a list of phone numbers for service casualty offices:

U.S. Army: (800) 626-3317 U.S. Navy: (800) 368-3202

U.S. Marines: (800) 847-1597 U.S. Air Force: (800) 433-0048

Coast Guard (USCG): Atlantic Area Op’s Center: (757) 398-6390 (accidents east of Mississippi) Pacific Area Ops Center: (510) 437-3701 (accidents west of Mississippi)

5.7.5. A faxed informational copy shall be provided to USTRANSCOM/TCAQ-R (618) 256-4702 and TACC, ATTN: Emergency Action Cell (618) 229-0153.

5.7.6. Safety and Financial Information. As required by the Air Safety Clause at TRANSFARS 5552.247-9000, the contractor must satisfy the requirements of 32 CFR, Part 861, Section 861.3. The DoD will conduct periodic evaluations to assess the contractor’s ability to perform safely. To complete the evaluation, the government may contact the contractor in order to obtain information bearing upon the contractor’s practices, resources, and capabilities. Upon request, the contractor shall provide data pertinent to such evaluations, including current audited fmancial statements, to HQ AMC/A3B, 402 Scott Drive, Unit 3A1, Scott AFB IL 62225-5302.

NOTE: Data furnished pursuant to this paragraph 5.7.6 may be utilized by the U.S. Government or its representatives for any matter related to this contract.

5.8. METHOD OF MEASURING DISTANCE.

5.8.1. Where a flight must be flown between points not included in Attachment 3, Alaska Mileage Chart, distances will be determined by the use of GCSMs as computed and furnished by the Commercial Operations Integrated System (COINS).

5.9. SUBMISSION OF COLLECTIVE BARGAINING AGREEMENTS

5.9.1. The Contractor agrees to provide the Contracting Officer, upon request, a copy of any Collective Bargaining Agreement applicable to employees performing this contract.

5.10. AIRFIELD SUITABILITY AND RESTRICTIONS/CERTIFICATION AIRFIELDS

5.10.1. Contractors are reminded that airfield restrictions exist at certain military and commercial airfields worldwide. An Air Mobility Command (AMC) publication, entitled “Airfield Suitability and Restrictions Report,” identifies airfield restrictions specifically for AMC air crews. This publication also lists “certification airfields” which are the equivalent to FAA-designated “special airfields”. These fields have unique airfield hazards and operating procedures requiring increased awareness and familiarity by air crews. Contractors can obtain the current edition of this publication, at no cost, by contacting the following office:

HQ AMC/A3VS TELEPHONE: (618) 229-3312

402 Scott Drive Unit 3A1 FAX: (618) 256-2019 Scott AFB IL 62225-5302

5.10.2. This publication is prepared for use by AMC air crews and is made available to contractors (members of the CRAF) for advisory purposes only.

5.10.3. For online airfield information from the military access only website for airfield suitability and restrictions, contract carriers must contact AMC/A3F at (618)229-1751.

5.10.4. Additionally, DoD, through the Defense Audio Visual Information Services (DAVIS), produces “Airport Qualification Program” (AQP) videos for some certification airfields. These are available for advisory purposes only, at no cost (one copy per Contractor), by contacting the following office:

JVISDA TELEPHONE: (570)895-7439

Building 3, Bay FAX: (570)895-6106 11 Hap Arnold Blvd. E-Mail: vibuddy@hg.afis.osd.mil Tobyhanna, PA 18466-5102 Website: http://afishp6.afis.osd.mil/dodimager/davis

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

5.10.6. Contractors shall ensure that air crews are adequately briefed on all restrictions at applicable airfields, including certification airfields, and properly trained before performing any DoD contract mission into these airfields.

5.11. ORDERS

The Contracting Officer will issue task orders for the air transportation service shown in the Schedule. Schedules will be provided by the 732 AMS/AMCC in accordance with the Performance Work Statement, paragraph 1.11.

5.12. PASSENGER BAGGAGE LIABILITY

The Contractor will be responsible and liable for the loss, damage, or destruction of the checked baggage, unchecked baggage, and items of personal property in the possession of the passenger on flights performed under this contract from the completion of loading by the Government until commencement of unloading by the Government. Contractor’s liability for checked baggage is limited to the actual value thereof, not to exceed $2,800.00 per passenger. The Contractor’s liability for unchecked baggage and items of actual replacement cost to the passenger if the item has been replaced at the time of the claim and upon the replacement purchase cost at the permanent station of the passenger if the item has not been replaced at the time of the claim. Contractor’s liability for unchecked baggage and items of personal property in the possession of passengers exist only for loss, damage, or destruction occasioned by aircraft accident or otherwise caused by the Contractor. Any lower limitation of liability to which the Contractor might otherwise be entitled will not be applicable and the provisions of this paragraph will prevail over any such lower limitation. Claims for lost or damaged baggage will be submitted to the Contractor on AMC Form 134 (Baggage Irregularity Report).

5.13. POST AWARD CONFERENCE

A Post Award Conference will be held after contract award and prior to commencement of any work on this contract. The contractor’s authorized representative shall attend the Post Award Conference. Exact date, time, and location will be provided in writing by the contracting officer at least 10 days prior to the conference.

5.14. PERFORMANCE OF SERVICE DURING CRISIS DECLARED BY THE PRESIDENT OR SECRETARY

OF DEFENSE OR OVERSEAS COMBATANT COMMANDER.

5.14.1. In the event of a declared crisis, the Contractor is not relieved from the requirements of this contract. The contractor providing services designated as essential by 611th ASUS/LRT is expected to use all means at its disposal to continue to provide services, in accordance with the terms and conditions of the contract during periods of crisis, or until appropriately released by USTRANSCOM.

6.0. APPENDIX

6.1. ACRONYMS/ABBREVIATIONS

ACL Allowable Cabin Load

AFB Air Force Base

AFI Air Force Instruction

AFM Air Force Manual

AGE Aerospace Ground Equipment

AMC Air Mobility Command

AMCC 732 AMSS/AMCC, Elmendorf AFB AK

APU Auxiliary Power Unit

AQP Airport Qualification Program

AVGAS Aviation Gasoline

CO Contracting Officer

COR Contracting Officer’s Representative

CCR Central Contractor Registration

CFR Code of Federal Regulations

CLIN Contract Line Item Number

COINS Commercial Operations Integrated System

CRAF Civil Reserve Air Fleet

CSS Chief Servicing Supervisor

DFARS DoD FAR Supplement

DAVIS Defense Audio Visual Information Services

DD Department of Defense Form

DESC Defense Energy Support Center

DFAS Defense Finance and Accounting Service

DIGS Designated Industry Groups

DoD Department of Defense

DoT Department of Transportation

ETA Estimated Time of Arrival

FAA Federal Aviation Administration

FAR Federal Acquisition Regulation

FAR Federal Aviation Regulation

FLIP Flight Information Publication

GAO General Accounting Office

GCSM Great Circle Statute Mile

GMT Greenwich Mean Time

HQ Headquarters

HRS Hours

IFR Instrument Flight Rules

IRS Internal Revenue Service

LOX Liquid Oxygen

NAFTA North American Free Trade Agreement

NAICS North American Industry Classification System

NLT No/Not Later Than

PL Public Law

PWS Performance Work Statement

RFP Request for Proposal

SCR Supervisory Contractor Representative

SF Standard Form

SPR Single Point Refueling

SLIN Sub Contract Line Item Number

TACC Tanker Airlift Control Center

TIN Taxpayer Identification Number

TO Technical Order

TRANSFARS US Transportation Command FAR Supplement

USA United States Army

USAF United States Air Force

USC United States Code

USCG United States Coast Guard

USMC United States Marine Corps

USN United States Navy

VHF Very High Frequency

6.2. DEFINITIONS

Calendar Day. The time from midnight to midnight.

Charter Service. Transportation of cargo and passengers in full planeload lots on commercial aircraft.

Legal Public Holidays. Holidays in each calendar year identified as follows:

New Year’s Day, January 1;

Martin Luther King’s Birthday, the third Monday in January;

President’s Day, the third Monday in February;

Memorial Day, the last Monday in May;

Independence Day, July 4;

Labor Day, the first Monday in September;

Columbus Day, the second Monday in October;

Veteran’s Day, November 11;

Thanksgiving Day, the fourth Thursday in November; and Christmas Day, Dec 25.

Military Agencies. The Department of the Army, the Department of the Navy, the Department of the Air Force, the United States Marine Corps, the National Guard Bureau, other officers and agencies of the Department of Defense, and the United States Coast Guard.

Contracting Officer Representative (COR). A COR is responsible for performing surveillance and inspection of contractor performance.

(End of Summary of Changes)