HTC711-08-R-0006.pdf

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

CONTACT BUYER

CONTACT BUYER

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HTC711-08-R-0006 04-Nov-2008

b. TELEPHONE NUMBER

618-256-6642

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 04 Dec 2008

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

HTC711

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE FP5007 16. ADMINISTERED BY

611 ASUS/LGT - FP5007

TSGT JAMIE ROOD

10471 20TH STREET, STE 231

ELMENDORF AFB AK 99506

TEL: 907-552-4176 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOHN CLIFFORD BEASLEY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

481211

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

HTC711-08-R-0006

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 50,000 Statute Mile

Air Transportation of Passengers

FFP

Base Year, 1 Mar 2009 - 28 Feb 2010: Air transportation of passengers from Elmendorf AFB Alaska to various locations listed on the Alaska Mileage Chart, Attachment 3, and other points in the state of Alaska in accordance with the Performance Work Statement, Attachment 1. Missions will be flown on an as-required basis. Unit price shall include all positioning, depositioning, and fuel (up to the pegged rate identified in the PWS).

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 200 Hours Aircraft Stand-By Time

FFP

Base Year, 1 Mar 2009 - 28 Feb 2010: If the aircraft is delayed by the government at Elmendorf AFB, the destination, or en route stops, the contractor shall be reimbursed under this CLIN in accordance with PWS paragraph 1.13.

UNIT UNIT PRICE MAX AMOUNT

0003 3 Each Cancellation Costs

FFP

Base Year, 1 Mar 2009 - 28 Feb 2010: Reimbursement of cancellation costs per PWS paragraph 1.4.2. The total miles and total price, including positioning and depositioning, are shown below:

Total Miles: _____ Total Cancellation Costs per Occurrence: $_______

UNIT UNIT PRICE MAX AMOUNT

0004 20,000 Dollars, U.S.

Reimbursable Expenses

Base Year, 1 Mar 2009 - 28 Feb 2010: The contractor shall be reimbursed for expenses as identified in the PWS, Section 4. Invoices shall be rounded to the nearest whole dollar. OFFERORS SHALL NOT COMPLETE THIS CLIN

UNIT UNIT PRICE MAX AMOUNT

1001 50,000 Statute

OPTION Air Transportation of Passengers

First Option Year, 1 Mar 2010 - 28 Feb 2011: Air transportation of passengers from Elmendorf AFB Alaska to various locations listed on the Alaska Mileage Chart, Attachment 3, and other points in the state of Alaska in accordance with the Performance Work Statement, Attachment 1. Missions will be flown on an as-required basis. Unit price shall include all positioning, depositioning, and fuel (up to the pegged rate identified in the PWS).

UNIT UNIT PRICE MAX AMOUNT

1002 200 Hours OPTION Aircraft Stand-By Time

FFP

First Option Year, 1 Mar 2010 - 28 Feb 2011: If the aircraft is delayed by the government at Elmendorf AFB, the destination, or en route stops, the contractor shall be reimbursed under this CLIN in accordance with PWS paragraph 1.13.

UNIT UNIT PRICE MAX AMOUNT

1003 3 Each OPTION Cancellation Costs

FFP

First Option Year, 1 Mar 2009 - 28 Feb 2010: Reimbursement of cancellation costs per PWS paragraph 1.4.2. The total miles and total price, including positioning and depositioning, are shown below:

Total Miles: _____ Total Cancellation Costs per Occurrence: $_______

UNIT UNIT PRICE MAX AMOUNT

1004 28,664 Dollars, OPTION Reimbursable Expenses

First Option Year, 1 Mar 2010 - 28 Feb 2011: The contractor shall be reimbursed for expenses as identified in the PWS, Section 4. Invoices shall be rounded to the nearest whole dollar. OFFERORS SHALL NOT COMPLETE THIS CLIN

UNIT UNIT PRICE MAX AMOUNT

2001 50,000 Statute

Second Option Year, 1 Mar 2011 - 28 Feb 2012: Air transportation of passengers from Elmendorf AFB Alaska to various locations listed on the Alaska Mileage Chart, Attachment 3, and other points in the state of Alaska in accordance with the Performance Work Statement, Attachment 1. Missions will be flown on an as-required basis. Unit price shall include all positioning, depositioning, and fuel (up to the pegged rate identified in the PWS).

UNIT UNIT PRICE MAX AMOUNT

2002 200 Hours OPTION Aircraft Stand-By Time

FFP

Second Option Year, 1 Mar 2011 - 28 Feb 2012: If the aircraft is delayed by the government at Elmendorf AFB, the destination, or en route stops, the contractor shall be reimbursed under this CLIN in accordance with PWS paragraph 1.13.

UNIT UNIT PRICE MAX AMOUNT

2003 3 Each OPTION Cancellation Costs

FFP

Second Option Year, 1 Mar 2011 - 28 Feb 2012: Reimbursement of cancellation costs per PWS paragraph 1.4.2. The total miles and total price, including positioning and depositioning, are shown below:

Total Miles: _____ Total Cancellation Costs per Occurrence: $_______

UNIT UNIT PRICE MAX AMOUNT

2004 39,000 Dollars, Second Option Year, 1 Mar 2011 - 28 Feb 2012: The contractor shall be reimbursed for expenses as identified in the PWS, Section 4. Invoices shall be rounded to the nearest whole dollar. OFFERORS SHALL NOT COMPLETE

THIS CLIN

UNIT UNIT PRICE MAX AMOUNT

3001 50,000 Statute

Third Option Year, 1 Mar 2012 - 28 Feb 2013: Air transportation of passengers from Elmendorf AFB Alaska to various locations listed on the Alaska Mileage Chart, Attachment 3, and other points in the state of Alaska in accordance with the Performance Work Statement, Attachment 1. Missions will be flown on an as-required basis. Unit price shall include all positioning, depositioning, and fuel (up to the pegged rate identified in the PWS).

UNIT UNIT PRICE MAX AMOUNT

3002 200 Hours OPTION Aircraft Stand-By Time

FFP

Third Option Year, 1 Mar 2012 - 28 Feb 2013: If the aircraft is delayed by the government at Elmendorf AFB, the destination, or en route stops, the contractor shall be reimbursed under this CLIN in accordance with PWS paragraph 1.13.

UNIT UNIT PRICE MAX AMOUNT

3003 3 Each OPTION Cancellation Costs

FFP

Third Optoin Year, 1 Mar 2012 - 28 Feb 2013: Reimbursement of cancellation costs per PWS paragraph 1.4.2. The total miles and total price, including positioning and depositioning, are shown below:

Total Miles: _____ Total Cancellation Costs per Occurrence: $_______

UNIT UNIT PRICE MAX AMOUNT

3004 50,000 Dollars, Third Option Year, 1 Mar 2012 - 28 Feb 2013: The contractor shall be reimbursed for expenses as identified in the PWS, Section 4. Invoices shall be rounded to the nearest whole dollar. OFFERORS SHALL NOT COMPLETE

THIS CLIN

UNIT UNIT PRICE MAX AMOUNT

4001 50,000 Statute

Fourth Option Year, 1 Mar 2013 - 28 Feb 2014: Air transportation of passengers from Elmendorf AFB Alaska to various locations listed on the Alaska Mileage Chart, Attachment 3, and other points in the state of Alaska in accordance with the Performance Work Statement, Attachment 1. Missions will be flown on an as-required basis. Unit price shall include all positioning, depositioning, and fuel (up to the pegged rate identified in the PWS).

UNIT UNIT PRICE MAX AMOUNT

4002 200 Hours OPTION Aircraft Stand-By Time

FFP

Fourth Option Year, 1 Mar 2013 - 28 Feb 2014: If the aircraft is delayed by the government at Elmendorf AFB, the destination, or en route stops, the contractor shall be reimbursed under this CLIN in accordance with PWS paragraph 1.13.

UNIT UNIT PRICE MAX AMOUNT

4003 3 Each OPTION Cancellation Costs

FFP

Fourth Option Year, 1 Mar 2013 - 28 Feb 2014: Reimbursement of cancellation costs per PWS paragraph 1.4.2. The total miles and total price, including positioning and depositioning, are shown below:

Total Miles: _____ Total Cancellation Costs per Occurrence: $_______

UNIT UNIT PRICE MAX AMOUNT

4004 63,000 Dollars, Fourth Option Year, 1 Mar 2013 - 28 Feb 2014: The contractor shall be reimbursed for expenses as identified in the PWS, Section 4. Invoices shall be rounded to the nearest whole dollar. OFFERORS SHALL NOT COMPLETE

THIS CLIN

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-MAR-2009 TO

28-FEB-2010

N/A 611 ASUS/LGT - FP5007

TSGT JAMIE ROOD

10471 20TH STREET, STE 231

ELMENDORF AFB AK 99506

907-552-4176

FP5007

0002 POP 01-MAR-2009 TO

28-FEB-2010

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-MAR-2009 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-MAR-2009 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-MAR-2010 TO

28-FEB-2011

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-MAR-2010 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-MAR-2010 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-MAR-2010 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAR-2011 TO

29-FEB-2012

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-MAR-2011 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-MAR-2011 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-MAR-2011 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-MAR-2012 TO

28-FEB-2013

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-MAR-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-MAR-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-MAR-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-MAR-2013 TO

28-FEB-2014

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-MAR-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-MAR-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-MAR-2013 TO

N/A (SAME AS PREVIOUS LOCATION)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government

CLAUSES INCORPORATED BY FULL TEXT

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/farsite.html

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUL 2004 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-7 Central Contractor Registration APR 2008 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.212-4 Contract Terms and Conditions--Commercial Items FEB 2007 52.219-6 Notice Of Total Small Business Set-Aside JUN 2003 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-14 Limitations On Subcontracting DEC 1996 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees

DEC 2004

52.222-41 Service Contract Act Of 1965 NOV 2007 52.222-43 Fair Labor Standards Act And Service Contract Act - Price

Adjustment (Multiple Year And Option)

NOV 2006

52.222-50 Combating Trafficking in Persons AUG 2007 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

DEC 2007

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.229-3 Federal, State And Local Taxes APR 2003 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-5 Familiarization With Conditions APR 1984 52.247-21 Contractor Liability for Personal Injury and/or Property

Damage

APR 1984

52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

DEC 2006

252.212-7001 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Deviation)

SEP 2008

252.225-7012 Preference For Certain Domestic Commodities MAR 2008 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

MAR 2008

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.247-7023 Transportation of Supplies by Sea MAY 2002

ADDENDUM TO FAR 52.212-4

Paragraph (a) entitled “Inspection/Acceptance” is tailored to read: The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any services that have been tendered for acceptance, including on-site capability surveys, pre-flight and in-flight quality assurance surveillance observations, ramp inspections and/or cockpit observations during flights.

Contracting Officer Representatives (COR) will provide credentials to the carrier's representative before embarking on the plane. The Government may also initiate performance evaluations of the contractor during all phases of this contract. The Government may require reperformance of nonconforming services at no increase in contract price.

When the nonconforming services cannot be corrected by reperformance, the Government may--

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed. If the Contractor fails to promptly perform acceptable services or to take the necessary action to ensure future performance is in conformity with contract requirements, the Government may by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the reperformance of such service.

Paragraph (f) entitled “Excusable Delays” is tailored to include the following: “In the event of an excusable delay, management must make every effort to mitigate the effects of the delay and perform in accordance with the schedules established pursuant to this contract.”

Paragraph (v) is added to this clause as follows: “DIVERSIONS, AND SCHEDULE CHANGES”

(1) Diversions. The en route rerouting of a trip due to the threat of, or actual hostilities, weather, medical emergency or natural disaster, constitutes a diversion. Both the Government and the Contractor have the right to divert any trip for these reasons. The Contractor shall be paid the contract rate for Government directed diversions.

(2) Schedule Changes. Schedules may be revised upon request of either the Government or the Contractor provided the requester provides a minimum of 12 hours notice prior to the scheduled departure of the trip involved and the requested change is mutually agreed upon.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2008) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (a) if the contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to the right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times, the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (MAR 2007)(E.O. 11246).

(iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006)(38 U.S.C. 4212).

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O.

13201)

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)) flow down required for all subcontracts subject to the Service Contract Act of 1965 (41U.S.C. 351, et seq.).

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.)

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements ``(Nov 2007)'' (41 U.S.C. 351, et seq.)

(x) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 March 2009 through 28 February 2010 (28 Feb 2011 if option one is exercised, 28 Feb 2012 if option two is exercised, 28 Feb 2013 if option three is exercised, 28 Feb 2014 if option four is exercised, or 31 Aug 2014 if the contract is extended under FAR 52.217-8).

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 194 GCSM, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of the sum of all CLINS;

(2) Any order for a combination of items in excess of the sum of all CLINS; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 28 February 2010 (28 Feb 2011 if option one is exercised, 28 Feb 2012 if option two is exercised, 28 Feb 2013 if option three is exercised, 28 Feb 2014 if option four is exercised, or 31 Aug 2014 if the contract is extended under FAR 52.217-8).

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at least 15 calendar days prior to expiration of the contract.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at least 15 calendar days prior to expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years, 6 months.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage -- Fringe Benefits General Schedule: First Pilot GS-11 Step 1/$26.11 per hour General Schedule: Co-Pilot GS-10 Step 1/$23.77 per hour

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 30 September 2009 . The Government's obligation for performance of this contract beyond that date 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 for performance under this contract beyond 30 September 2009, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Defense Supplement to the Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

5552.223-9001 Health and Safety on Government Installations.

HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (APRIL 2007)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Comply with the specific health and safety requirements established by this contract;

(2) Comply with the health and safety rules of the Government installation that concern related activities not directly addressed in this contract;

(3) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(4) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of Clause)

5552.247-9000 Air Safety.

AIR SAFETY (APRIL 2007)

(a) Contractor is obligated to comply with generally accepted standards of airmanship, training, and maintenance practices and procedures. Contractor must also satisfy Department of Defense (DOD) quality and safety requirements as described in 32 CFR Part 861, Section 861.4. In addition, contractor shall comply with all provisions of applicable statutes, tenders of service, and contract terms as such may affect flight safety, as well as with all applicable Federal Aviation Administration (FAA) Regulations, Airworthiness Directives, Orders, rules, and standards promulgated under the Federal Aviation Act of 1958, as amended. Compliance with published standards may not, standing alone, constitute compliance with generally accepted standards of airmanship, training, or maintenance.

(b) The cleanliness and orderliness of an aircraft, including the visible components and surfaces thereof affect the ability to inspect an aircraft, may be valid indicators of the overall maintenance level of an aircraft, and may have a direct effect on the security and confidence of passengers. Therefore, contractor's failure to keep and maintain all such components and surfaces of the aircraft used in performance of this contract clean, orderly, and in good state of repair may be deemed a failure to comply with generally accepted standards of maintenance to the extent the failure goes beyond mere cosmetic or housekeeping deficiencies and relates in some manner to confidence in the safety, maintenance, or airworthiness of the aircraft.

(c) Should the government determine that any of the following conditions exist, it may suspend or place in temporary nonuse status contractor's further performance of airlift transportation services for the DOD:

(1) Contractor's failure to meet any of the obligations imposed by the preceding two paragraphs.

(2) Involvement of one of contractor's aircraft in a serious or fatal accident, incident, or operational occurrence (regardless of whether or not such aircraft is being used in the performance of this contract).

(3) Any other condition that affects the safe operation of contractor's flights hereunder.

(d) Such suspension shall be accomplished pursuant to the Department of Defense Commercial Air Transportation Quality and Safety Review Program (32 CFR Part 861), which is hereby incorporated in this contract by reference, or any procedures that supersede same which may be adopted by the Commander (United States Transportation Command) from time to time. The suspension procedures, including the temporary nonuse, reinstatement and appeals processes, set out therein, are binding, final, and conclusive. In no event shall suspension or temporary nonuse proceedings, regardless of outcome, give rise to any liability on the part of the government.

(e) Suspension or temporary nonuse hereunder resulting in unavailability of contractor aircraft to perform service under this contract shall be treated as failure to maintain authorization to engage in air transportation under the clause of the contract 5552.247-9001, “Requirement for Authorization to Engage in Air Transportation.”

5552.247-9001 REQUIREMENT FOR AUTHORIZATION TO ENGAGE IN AIR TRANSPORTATION (AUG

2007) ALTERNATE II (AUG 2007).

(a) This contract is conditioned upon the Contractor (if the contractor is a team arrangement, applies to each team member) being an air carrier and holding a Certificate of Public Convenience and Necessity issued under Section 401 of the Federal Aviation Act (FAA of 1958, as amended), or otherwise authorized by the Department of Transportation (DOT) to engage in direct air transportation services, holding an Air Carrier's Operating Certificate issued by the FAA under Part 135 of the Federal Aviation Regulations (14 CFR 135) for airlift operated by the offeror. Furthermore, the Contractor shall not be in a suspension or temporary nonuse status in accordance with clause 5552.247-9000, “AIR SAFETY.”

(b) If at any time during the performance period of this contract the contractor is not in compliance with the requirements of paragraph (a) above, including, but not limited to, instances when the certificate demonstrating compliance with paragraph (a) above is (i) suspended by the pertinent regulatory body for any period of time even though the effect of the suspension is stayed pending review by a court of competent jurisdiction, (ii) canceled or revoked in its entirety by the pertinent regulatory body even though the effect of the cancellation or revocation is stayed pending review by a court of competent jurisdiction, or (iii) such certificate or interim operating authority has expired and has not been renewed, then the contracting officer may elect any one or a combination of the following courses of action:

(1) Suspend the contractor from further performance of all or any part of this contract until such time as the suspension, temporary nonuse, cancellation, or revocation shall have been finally set aside, removed, or otherwise terminated. The period of suspension of this contract will begin when the contracting officer notifies the contractor.

Any flights that were scheduled to be flown during the time any such suspension is in effect will be canceled and the government’s obligation reduced by all costs directly attributable to the canceled flights. Any such cancellation is not for the convenience of the government and will be accomplished at no cost to either party, and the substitute service provisions of this contract will not apply to such canceled flights.

(2) Exercise the government’s rights under clause 5552..247-9002, “Contractor’s Failure to Provide Service.”

(3) Terminate this contract for cause in whole or in part under FAR clause 52.212-4, “Contract Terms and Conditions—Commercial Items.”

5552.247-9002 Contractor's Failure to Provide Service.

CONTRACTOR’S FAILURE TO PROVIDE SERVICE (APRIL 2007) - ALTERNATE II (APRIL 2007)

(a) In the event the contractor’s aircraft is unable to depart from any station, the government may invoke the remedies set forth in this clause, which will not constitute a termination under FAR clause 52.212-4, “Contract Terms and Conditions—Commercial Items.” The rights and remedies provided in this clause are not exclusive, do not give rise to government liability for costs incurred, and are in addition to government rights and remedies provided by law or by this contract.

(b) Substitute Service. This term means substitution of an aircraft to replace contractor’s aircraft, which is unable to perform the required services. If the contractor fails to make an aircraft available to perform services under the terms of the contract, the government may:

(1) Cancel the requirement for further performance of the defaulted flight or services. In that event, the government’s obligation will be reduced by the costs directly attributable to the canceled flight or services.

(2) Require the contractor to obtain substitute service from another DOD-approved carrier to perform the services within such additional time as the contracting officer may allow. The contractor shall arrange for and pay directly all costs involved in performing the services by substitute aircraft. The government will pay the contractor the contract price for the services, irrespective of the amount the contractor pays for the substitute service. The substitute aircraft provided by the contractor must be of like type, must be configured in accordance with the applicable specifications, and must be approved by the contracting officer. In lieu of, or in addition to, providing the above substitute service, the contractor may, at his own expense, purchase the amount of space by common carriage or otherwise needed to transport the passengers or cargo from the defaulted flight. The contracting officer must approve purchase of such space. The government will pay the contractor the contract price for the services, irrespective of the amount the contractor pays for the space.

(3) Purchase substitute service from commercial sources. This may include use of substitute commercial aircraft or purchase of sufficient space to transport by common carriage or otherwise the passengers or cargo from the defaulted flight. In either event, the value of the service will be deducted from the contract minimum (if applicable).

The contractor will not be paid for the defaulted flight but will be charged any amount in excess of the contract price that the government had to pay for the substitute service.

(4) Elect to either reschedule the defaulted flight to a later time or move the passengers and/or cargo, or any portion thereof, itself. In the latter event, the value of the service will be deducted from the contract minimum (if applicable). The contractor will not be paid for the defaulted flight but will be charged any amount in excess of the contract price that the government had to pay to transport the passengers and/or cargo.

TCAQ 07-03 TASK AND DELIVERY ORDER OMBUDSMAN. (Jan 2007)

In accordance with FAR 16.505(b)(5), the following individual is designated Ombudsman, for all awarded Alaska Air Passenger Service contracts. The Ombudsman is an independent official designated to review complaints and to ensure contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract.

Consulting the ombudsman does not alter or postpone the timelines for any other processes. Interested parties should first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. If resolution cannot be made by the contracting officer, concerned parties may contact:

Mr. Dale Huegen Deputy Director, Acquisition Directorate of Acquisition Telephone Number: 618-256-4292 FAX: 618-256-4702 Email Address: dale.huegen@ustranscom.mil

LIST OF ATTACHMENTS

ATTACHMENT TITLE NUMBER OF PAGES

1. Performance Work Statement 13

2. List of Aircraft 1

3. Alaska Mileage Chart 1

4. Wide Area Work Flow (WAWF) Routing Sheet 1

5. Department of Labor Wage Determination 4

6. Historical Data 1

7. Past Performance Questionnaire 5

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. Contractor aircraft must be fully self-supporting with internal passenger stairs, and auxiliary power unit (APU) for self-starting.

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…