HTC711-09-R-0022-A0004.pdf

F3SF999134A0010000AA

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

FAR (48 CFR) 53.243

See attached summary of changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 30

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

16C. DATE SIGNED

BY 18-Sep-2009

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 HTC711-09-R-0022

X 9B. DATED (SEE ITEM 11)

20-Jul-2009

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 is extended, X 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

18-Sep-2009

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:

HTC711-09-R-0022-0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The purpose of this amendment is to make the following changes to this solicitation:

1. FAR 52.212-1, Instructions to Offerors-Commercial Items (JUN 2008), is replaced in its entirety.

2. FAR 52.212-2, Evaluation-Commercial Items (JAN 1999), is replaced in its entirety.

3. The Performance Work Statement (PWS) dated 09 Jul 09 is replaced in its entirety with revised PWS dated 15 Sep 09.

4. Attachment 2, Theater Express Safety and Audit Oversight Checklist is now included in the PWS.

5. Exhibit G, Aircraft Worksheet is now included in the PWS.

6. Attachment 3, Theater Express Past Peformance Questionnaire is now included in the subject solicitation.

7. The solicitation response date remains 16 Oct 09, 4:00 pm CST.

8. All other terms and conditions remain unchanged.

(End of Summary of Changes)

SECTION SF 1449 - CONTINUATION SHEET

The following clause has been incorporated by reference:

52.228-5 Insurance - Work On A Government Installation JAN 1997

The following have been modified:

1. ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUN

2008)

Paragraph (b) entitled “Submission of Offers” is deleted in its entirety and replaced with paragraph 2, “Proposal Preparation Instructions,” below.

Paragraph (c) entitled “Period for acceptance of offers” is tailored to read: The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers.”

Paragraph (e) is deleted in its entirety.

Paragraph (h) entitled, “Multiple awards” is tailored to read: “The Government intends to award a maximum of five Indefinite Delivery, Indefinite Quantity (IDIQ) contracts as a result of this solicitation. These IDIQ awards will be made based on the evaluation criteria listed herein. Subsequent task order awards will be awarded pursuant to the fair opportunity ordering procedures set forth in Exhibit 1 of this Request for Proposal (RFP).

USTRANSCOM/TCAQ Points of Contact:

a. The USTRANSCOM Contracting Office is the point of contact for this acquisition.

b. Address any questions or concerns to either of the individuals identified below.

c. Formal communications, such as requests for clarification, questions, and/or written information concerning this solicitation should be submitted in writing (email is the preferred method).

The points of contact for this acquisition are:

USTRANSCOM/TCAQ-I/A

ATTN: Andy Glose or Greg Hunt 508 Scott Drive Scott AFB, IL 62225-5357 Or Telefax number (618)256-2804 Or E-Mail andrew.glose@ustranscom.mil or gregory.hunt@ustranscom.mil

d. Written questions will be answered in writing and provided to all offerors via FedBiz Opps. However, due to the time required to research a question and provide an answer, questions received less than four calendar days prior to the due date of offers specified in this solicitation may not be answered.

2. PROPOSAL PREPARATION INSTRUCTIONS

(a) GENERAL INSTRUCTIONS

(1) To be eligible to receive a contract award and subsequent orders pursuant to this solicitation, offerors are required to be a Civil Reserve Air Fleet (CRAF) carrier and maintain their CRAF status for the duration of the contract.

(2) The proposal due date is 16 Oct 09. The offeror shall make a clear statement in the proposal documentation that the proposal is valid for 180 calendar days as specified in FAR 52.212-1, Addendum, paragraph (c) cited above.

(3) Proposals shall be submitted on plain white paper, 8 ½ x11 paper, 1 inch margins, Times New Roman, 12 font.

(b) SUBMISSION OF OFFERS. Proposals shall consist of four sections, Part I-Business Proposal, Part II-Past Performance Information, Part III-Technical Proposal, and Part IV- Pricing Proposal. Include the numbers of copies and format as specified below. Proposals will be evaluated in accordance with the evaluation criteria set forth in the Addendum to FAR 52.212-2, Evaluation—Commercial Items (JAN 1999), as included in this RFP. Offerors are required to submit the following original and copies of their proposal by the due date specified.

(i) _1_ original and 1 copy of the Business Proposal.

(ii) _1_ original and 1 copy of the Past Performance.

(iii) _1_ original and 1 copy of the Technical Proposal.

(iv) 1_ original and 1 copy of the Pricing Proposal

PART I – Business Proposal: Offerors are required to comply with the following format and content requirements for Part I of their business proposal.

(1) Solicitation/Contract Form. Offerors shall complete the SF Form 1449, blocks 12, 17a and 30a, b, and c. Signature by the offeror on the SF 1449 constitutes an offer, which the Government may accept, and acknowledgement by the offeror that they accede to the contract terms and conditions and PWS technical requirements.

(2) Block 17b. If remittance address is different, put such address in the Central Contractor

Registration (CCR) database.

(3) Acknowledgement of Solicitation Amendments (if any).

(4) Company/Division Address, Identifying Codes, and Applicable Designations. Provide company/division’s street address; CAGE code; DUNS code; and size of business (large or small).

(5) Letter signed by a Civil Reserve Air Fleet (CRAF) representative identifying individuals who are authorized to negotiate and sign documents on the behalf of the CRAF carrier.

(6) Online Representations and Certifications Application (ORCA). The ORCA can be found at http://orca.bpn.gov or submit written representations and certifications IAW FAR 52.212-3 (Offeror Representations and Certifications – Commercial Items (FEB 2009).

(7) Contractors must comply with (FAR 52.204-7) (APR 2008) Central Contractor Registration.

(8) Statement acknowledging the requirement to maintain CRAF status for the duration of the contract.

(9) Documentation establishing any proposed Teaming Agreement (if applicable).

PART II – Past Performance Information

a. The offeror shall provide information that the Government will use to evaluate the offeror’s past performance. In your Part III, Technical Proposal, the offeror must state their technical approach to performing this service. For example, if the offeror (prime) intends to perform this service by subcontracting to a single freight forwarder or other logistics service provider to manage the program, then the offeror is required to submit past performance information for both the offeror (prime) and the freight forwarder or logistics service provider (subcontractor).

b. Subcontractor consent. Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. With your proposal response, provide a letter from all subcontractors that will perform major or citical aspects of the requirement consenting to the release of their past performance information to the prime contractor.

c. The offeror will submit a listing of not more than five contracts and/or customers, public or private for which the offeror (prime) and/or the freight forwarder (subcontractor) has performed air cargo services, within the past three years, similar in scope and complexity described in this solicitation.

The offeror should provide the Company or Agency name, Point of Contact, Phone Number, and Email for each reference listed. The Government may contact those agencies and individuals to verify information and/or obtain additional information.

d. Past Performance Questionnaires. The Government will evaluate the quality and extent of the offeror’s past performance deemed relevant to the the requirements of this RFP. The Government reserves the right to use information submitted by the offeror and other sources, such as the CENTCOM CDDOC, other Government offices, and commercial sources to assess performance. The offeror shall sending out the Past Performance Questionnaires (Attachment 3) to each offeror’s Points of Contact (POC). The responsibility to send out the Past Performance Questionnaires rest soley with the offeror; whereas, it shall not be delegated to any other entity. The Transmittal Letter shall be used by the offeror in send out the Past Peformance Questionnaires. Once they are completed by your POCs, the information therein shall be considered sensitive and shall not be released to you, the offeror. The Past Performance Questionnaires shall be sent directly back to the Government. If more than one questionnaire is received on any of the five contract examples, only the first one received will be accepted. The evaluation of past performance information will take into account the past performance information regarding key subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the instant acquisition.

PART III – Technical Proposal: Offerors are required to comply with the following format and content requirements. Not to exceed 10 double-sided pages, Times New Roman, 12-font.

a. The technical proposal information submitted will be used to support the Government’s evaluation of the corresponding technical factor and arrive at a determination as to whether the contractor’s proposed approach meets the minimum technical requirements identified in the PWS, para 1.2.

b. Offerors are encouraged to submit a sound plan for accomplishing the technical requirements identified in the PWS, para 1.2 to include addressing how the contractor will comply with the PWS, para 1.2 requirements for foreign flag carriers used in conjunction with the Iraqi Civil Aviation Authority (ICAA)/RUS Aviation agreement. Proposals that merely paraphrase the requirements of the Government’s specifications/Performance Work Statement, or use such phrases as “will comply” or “standard techniques will be employed” will be considered unacceptable and will not be considered further.

c. The technical proposal will be incorporated by reference into the subject contract.

Part IV – Pricing Proposal

a. Attachment 1, City-Pair Matrix. To be eligible for a contract award, an offeror must provide service and rates to the 86 mandatory city-pairs identified with a “XX” green shaded cell in the Attachment 1, City-Pair Matrix . Offerors shall insert a proposed Not-To-Exceed (NTE) all-inclusive cost-per-pound rate for each of the remaining city-pair combinations they intend to provide service. Note: Offerors without a NTE rate in a city-pair will not be allowed to participate in the daily spot-bid process on those city-pairs.

b. The offerors are hereby informed their cost-per-pound rates are Not To Exceed (NTE) rates. On a daily basis, the Air Mobility Division, Aerial Port Control Team (AMD/APCT) will email the awarded contractors a spreadsheet containing the AMD mission requirements including the cargo specifications. The contractor has the option to review the requirements and offer a spot-bid cost-per-pound rate within 75-minutes of the AMD’s email notification at or below their NTE rate on file. This process allows each contractor a fair opportunity to review existing cargo capacity and submit a reduced rate based on excess capacity.

c. Your firm is hereby requested not to alter the City-Pair Matrix spreadsheet format (e.g., cell formats, cell shading, or page layout) during rate submissions.

d. The offerors are hereby informed the Government may reject any pricing proposal that is unrealistically high or low and deemed to reflect a lack of understanding.

ADDENDUM TO FAR 52.212-2

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

(a) This acquisition will be a competitive best value source selection. The Government intends to award up to five Indefinite Delivery, Indefinite Quantity (IDIQ) contracts to provide flexibility of choice and service coverage.

Awards will be made to the Civil Reserve Air Fleet (CRAF) offeror who is deemed responsible in accordance with the Federal Acquisition Regulation, as supplemented, whose proposal conforms to the solicitation requirements (to include all terms, conditions, representations, certifications, and all other information required by this solicitation) and is judged, based on the evaluation factors, to represent the best value to the Government. The Government seeks to award to the offerors that give USTRANSCOM the greatest confidence that it will meet or exceed the requirements. This may result in an award to a higher rated, higher priced offeror, where the decision is consistent with the evaluation factors and the Source Selection Authority (SSA) reasonably determines that the technical approach and/or superior past performance of the higher priced offeror outweighs the cost difference. To arrive at a source selection decision, the SSA will integrate the source selection team’s evaluations of the evaluation factors described below.

(b) Evaluation Factors. Past Performance and Technical are equal in importance, and when combined, are significantly more important than price.

(1) Factor 1 - Past Performance

(2) Factor 2 - Technical Plan

(3) Factor 3 - Cost/Price

(c) Factor 1 – Past Performance. Using past performance questionnaires submitted by the offeror’s POCs and other information independently obtained from Government or commercial sources, the Government will perform a confidence assessment on each offeror. The purpose of the past performance evaluation is to allow the Government to assess the offeror’s ability to perform the effort described in this RFP, based on the offeror’s demonstrated present and past performance. Past Performance surveys will be evaluated on the basis of recency and relevancy. The Government will first evaluate the recency (within the last 3 years) and then the relevancy as follows:

(1) The following ratings will be used in evaluating the relevancy of the offeror’s past performance. The relevancy of each effort will be considered in the overall confidence assessment rating for the offerror:

(a) Highly Relevant (HR) – DOD or commercial experience in the CENTCOM Area of Responsibility (AOR) for single and multiple city-pair time-definitive air freight transportation services of full pallet, outsized/oversized cargo, and roll-on/roll-off shipments. Additional experience pertaining to applying for, and adhering to CENTCOM Prior Permission Requests (PPR), providing safe and reliable foreign flag subcontractor operations, and accurate EDI214 GTN interface data should be listed. Past performance efforts involved essentially the same magnitude of effort and complexities as this solicitation requires.

(b) Relevant (R) – DOD or commercial experience in the CENTCOM Area of Responsibility (AOR) for single and multiple city-pair time-definitive air freight transportation services of full pallet, outsized/oversized cargo, and roll-on/roll-off shipments. Additional experience pertaining to applying for, and adhering to CENTCOM Prior Permission Requests (PPR), providing safe and reliable foreign flag subcontractor operations, and accurate EDI214 GTN interface data should be listed. Past performance efforts involved much of the magnitude of effort and complexities as this solicitation requires.

(c) Somewhat Relevant (SR) – DOD or commercial experience in the CENTCOM Area of Responsibility (AOR) for single and multiple city-pair time-definitive air freight transportation services of full pallet, outsized/oversized cargo, and roll-on/roll-off shipments. Additional experience pertaining to applying for, and adhering to CENTCOM Prior Permission Requests (PPR), providing safe and reliable foreign flag subcontractor operations, and accurate EDI214 GTN interface data should be listed. Past performance efforts involved some of the magnitude of effort and complexities as this solicitation requires.

(d) Not Relevant (NR) – Past performance efforts did not involve any of the magnitude of effort and complexities as this solicitation requires.

(2) Past Performance will be evaluated as a measure of the Government’s confidence in the offeror and principle subcontractor’s ability to successfully perform based on previous and current contracts and support agreements. One of the following confidence assessment ratings will be assigned to each offeror:

(a) High Confidence - Based on the offeror’s performance record, essentially no doubt exists that the offeror will successfully perform the required effort.

(b) Significant Confidence - Based on the offeror’s performance record, little doubt exists that the offeror will successfully perform the required effort.

(c) Satisfactory Confidence - Based on the offeror’s performance record, some doubt exists the offeror will successfully perform the required effort.

(d) Little Confidence - Based on the offeror’s performance record, substantial doubt exists that the offeror will successfully perform the required effort. Changes to the offeror’s existing processes may be necessary in order to achieve contract requirements.

(e) Neutral/Unknown Confidence - No performance record is identifiable.

(3) Past performance regarding predecessor companies, key personnel who have relevant experience or subcontractors (e.g., Freight Forwarders, Agents, or Foreign Flag subcontractors) that will perform major or critical aspects of this requirement will be rated the same (equally as important) as the past performance information for the principle offeror (CRAF carrier). Offerors with no relevant past or present performance history shall receive an Unknown Confidence meaning the rating is treated neither favorably or unfavorably. In evaluating past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this RFP.

(4) In addition to past performance information submitted by the offeror, past performance information may be obtained through the (1) Contractor Performance Assessment Reporting System (CPARS), (2) Past Performance Information Retrieval System (PPIRS), (3) Questionnaires tailored to the circumstances for this acquisition, (4) through Defense Contract Management Agency channels, (5) through interviews with program managers and contracting officers, or (6) other sources known to the Government

(d) Factor 2 – Technical Proposal: Each offeror’s technical proposal will be evaluated to determine how well an offeror’s proposal meets the minimum performance requirements identified in the solicitation. The adjectival/color code ratings are assigned at the subfactor level. The adjectival/color code and risk ratings provided below shall be utilized when evaluating the technical factors.

(1) Subfactor 1 – Safety and Audit Oversight Program: The Government will evaluate the offeror’s proposed technical plan to ensure the offeror’s plan details a realistic approach to implementing a safety and audit oversight program for all proposed foreign air carriers used in a subcontracting role. The offeror’s plan will be rated in accordance with the measure of merit and color code/adjectival ratings shown below and assigned a color/adjectival rating and proposal risk assessment along with any identified strengths and weaknesses.

(a) Measure of Merit. The measure of merit for this factor is met when the offeror meets the government’s minimum standard. This is achieved when the offeror submits a sound plan for accomplishing the requirements identified in the PWS, para 1.2.

ADJECTIVAL COLOR DEFINITION

Outstanding Purple Proposal appreciably exceeds the Government’s minimum requirements in a way significantly beneficial to the Government, indicating the offeror should be able to successfully perform the prospective contract. The proposal includes at least one significant strength, or multiple strengths that, when considered together, provide a significant benefit to the Government, and no weaknesses or significant weaknesses.

Excellent Blue Proposal exceeds the Government’s minimum requirements in a way beneficial to the Government, indicating the offeror should be able to successfully perform the prospective contract. The proposal includes at least one significant strength and no weaknesses or significant weaknesses.

Acceptable Green Proposal meets the Government’s minimum requirements and may excced some, without any associated benefit to the Government, indicating the offeror should be able to successfully perform the prospective contract. The proposal may include weaknesses, but no significant weaknesses.

Marginal Yellow Proposal does not clearly meet the Government’s minimum requirements. The proposal includes apparent deficiencies, indicating that the offeror may not be able to successfully perform the prospective contract. A proposal with a Marginal rating is not awardable.

Unacceptable Red Proposal fails to meet the Government’s minimum requirements and includes deficiencies, indicating that the offeror will not be able to successfully perform the required contract, or the proposal includes significant weaknesses indicating that the offeror will most likely not be able to successfully perform the required contract. A proposal with an Unacceptable rating is not awardable.

Proposal risk includes an assessement of the risks associated with a contractor’s proposed approach for accomplishing the requirements, weaknesses in the proposed approach, and weaknesses in the proposal itself.

Proposal risk is assessed against the Technical Proposal and will be assigned on of the following ratings below:

Low – Offeror’s proposed approach has little potential to cause disruption of schedule, increased cost or degradation of performance. Normal contractor effort and normal government monitoring will likely be able to overcome any difficulties.

Moderate - Offeror’s proposed approach can potentially cause disruption of schedule, increased cost or degradation of performance. Special contractor emphasis and close government monitoring will likely be able to overcome difficulties.

High - Offeror’s proposed approach is likely to cause significant disruption of schedule, increased cost or degradation of performance. Extraordinary contractor emphasis and rigorous government monitoring will likely be able to overcome difficulties.

Unacceptable - The existence of a significant weakness or combination of weaknesses in the offeror’s proposed approach that is very likely to cause unmitigated disruption of schedule, drastically increased costs or severely degraded performance.

(e) Factor 3 – Price

(1) In order to determine the evaluated contract price for evaluation and award purposes, the Government will multiply the offeror’s proposed Not-To-Exceed (NTE) city-pair cost-per-lb rate on the mandatory 86 city-pairs by estimated quantities. The mandatory 86 city-pairs are identified with a “XX” green shaded cell in the Attachment 1, City-Pair Matrix.

(2) Offerors that intend to provide service to the remaining city-pairs should input a NTE city-pair cost-per-lb rate. An offeror must have a NTE city-pair rate listed in order to participate in the daily spot-bid process for that city-pair.

(3) To determine the city-pair rates are fair and reasonable, the Government will accomplish this by one or more techniques set forth in FAR 15.404-1(b)(2).

(f) Options: The Government will not evaluate option year pricing at the time of award.

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

ECONOMIC PRICE ADJUSTMENT (EPA)

(a) In order to protect the contractor and government against significant market fluctuations, the unit prices shall be adjusted on 1 Oct of each Option Year beginning 1 Oct 2010. The adjustment shall be based on the North American Industrial Classification System (NAICS) Index for Scheduled Freight Air Transportation (NAICS 481112). In the event publication of the index is discontinued, the parties shall agree upon an appropriate substitute index.

(b) Index figures subsequently revised by the Bureau of Labor Statistics (e.g., amending formerly released indices by removing or replacing components within the index, describing revisions by footnote or appendix, significantly altering the method of calculating the index, or any other method) shall not warrant a retroactive price adjustment under the terms and conditions of this contract.

(c) Price adjustments shall be executed via a contract modification.

(d) Any price adjustments under this EPA clause shall be rounded to two decimal positions (e.g. $1.50).

(e) The formula for determining the adjusted unit prices for the Option Year is –

I2 x P = Adjusted Unit Price I1

Where:

P = Base contract unit price listed in the Schedule. These prices are fixed and establish the base for all adjustments to future option years. Exception: If at any time the adjusted unit price falls below the base contract unit price, the adjusted unit price shall become the new base contract unit price for calculating future economic price adjustments.

I1 = Index for Base Period (average of the index figures for the 12 month period from Jun 2007 through May 2008. This figure will be provided by contract modification after index data for that period is finalized. This number will not change for the life of the contract.

I2 = Index for the Adjustment Period is the average of the index figures for the most recent 12 month period ending 4 months prior to start of the next option period:

Option Year 1 = Average of index figures from Jun 2010 through May 2011

EXAMPLE:

Contract performance start date is 01 Oct 09. The first EPA will take place on 1 Oct 10.

Sample Index:

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2008 110.1 111.3 107.8 107.9 107.3 106.7 106.7 2009 106.9 106.0 106.0 106.2 109.4 109.4 109.4 109.4 109.6 111.2 109.5 112.2p 2010 113.4p 118.0p 117.8p 118.0p 118.0p

Note: The below figures are provided as an example only. The exact numbers for the base year ( I1 ) and ( I2 ) cannot be determined at this point.

Example P = $2.34

Example I1 = Avg from Jun 2008 through May 2009

(110.1+111.3+107.8+107.9+107.3+106.7+106.7+106.9+106.0+106.0+106.2+109.4)/12 = 107.7

Example I2 = Avg from Jun 2009 through May 2010 (109.4+109.4+109.4+109.6+111.2+109.5+112.2+113.4+118.0+117.8+118.0+118.0))/12 = 113.0

Example Adjustment: [(113.0/107.7) x $2.34] = [1.05 x $2.34] = $2.46

(f) Notwithstanding the economic price adjustment discussed above, the Government will accept downward price adjustments. The revised pricing must be submitted no later than 30 Jan, for prices to be effective by 1 Apr. The downward adjustment percentage shall apply to all pricing within the identified CLIN(s).

(g) In addition, carriers may waive the EPA for an increase that results in higher prices or any part of thereof for the entire contract or identified CLIN(s). The adjustment percentage shall apply to all pricing within the identified CLIN(s). Secondly, if the carrier elects to do so, they can offer the Government an additional downward price adjustment, effective at time of option exercise, in lieu of an EPA option year adjustment.

PERFORMANCE WORK STATEMENT (PWS)

FOR

CENTCOM THEATER EXPRESS

CARGO TRANSPORTATION SERVICES

15 Sep 09

TABLE OF CONTENTS

1. Description of Services

1.1. Scope of Contract

1.2. Safety and Oversight Program

1.3. Defense Distribution Depot, Kuwait, Southwest Asia (DDKS) Outbound Cargo

1.4. Opportune Cargo

1.5. Aircraft Roller or Rail System

1.6. Additional Tie-down, Ramps, or Sub-flooring

1.7. Hazardous Cargo Shipments

1.8. Pre-Alert Notifications

1.9. Supply Chain Security

1.10. Loss or Damage Claims

1.11. DD Form 2400, 2401, and 2402 Requirements

1.12. Customs

1.13. Electronic Data Interchange (EDI) 214 Global Transportation Network (GTN) Interface

1.14. Invoice/Billing Process

1.15. Prior Permission Request (PPRs)

2. Service Delivery Summary/Reliability

3. Government Furnished Property and Services

3.1. Government-Furnished Property – Reserved

3.2. Government-Furnished Facilities – Reserved

3.3. Government-Furnished Equipment – Reserved

3.4. Government-Furnished Training – Reserved

3.5. Government-Furnished Services

4. General Information

4.1. Contractor Personnel

4.2. Quality Program

4.3. Security (Physical, Personnel, Information, Industrial, Anti-terrorism and Force Protection Requirements)

4.4. Joint Contracting Command Iraq/Afghanistan (JCC-I/A) – CENTCOM Requirements

4.5. Reports

4. 6. Email Addresses for Monthly Report Submissions

5. Exhibit/Attachments Exhibit A – EDI 214 GTN Requirements Exhibit B – Theater Express Historical Data Exhibit C – Incident Report Form Exhibit D – Incident Report Flow Chart Exhibit E – Detail Report Exhibit F – City-Pair Estimated Quantities Exhibit G – Aircraft Worksheet Attachment 1, City-Pair Matrix Attachment 2, Theater Express Safety and Audit Oversight Checklist

1. Description of Services

1.1. Scope of Contract. The contractor shall provide all personnel, training, supervision, equipment, Prior Permission Requests (PPRs), Diplomatic Clearances (DIPS), and customs clearances procedures necessary to perform international commercial cargo transportation services within the Central Command (CENTCOM) Area of Responsibility (AOR) as required by the Air Mobility Division (AMD), Combined Air Operations Center (CAOC), Airlift Control Team (ALCT), Aerial Port Control Center (APCC). Transportation services include the time-definite, port-to-port pick-up and delivery with the exception of Defense Distribution Depot Kuwait, Southwest Asia DDKS outbound cargo, which will be DDKS facility-to-port, Intransit Visibility (ITV), and customs processing and clearance of 463L palletized and roll-on/roll-off cargo to CENTCOM Forward Operating Base /Forward Operating Locations (FOB/FOL).

1.1.1. As a minimum, the contractor shall provide service to the 86 mandatory city-pairs identified with a “XX” green shaded cell in Attachment 1, CENTCOM Theater Express City-Pair Location matrix. Offerors shall insert a proposed Not-To-Exceed (NTE) all-inclusive cost-per-pound rate for each of the remaining city-pair combinations they intend to provide service. Note: Offerors without a NTE rate in a city-pair will not be allowed to participate in the daily spot-bid process on those city-pairs. During the period of performance, the Government reserves the right to add or delete CENTCOM AOR FOB/FOL locations as a result of changing mission requirements.

1.1.2. If the contractor submits a rate and accepts an AMD/APCT mission award/transportation order, otherwise referred to as a task order, then refuses to perform the service, this failure/refusal constitutes default and may result in action being taken by the Government.

1.1.3. This contract is for the sole use of the AMD/APCC. The AMD/APCC is the only organization approved and validated by USTRANSCOM to place orders under this contract.

1.1.4. This contract is for commercial scheduled services and not intended for charter airlift services;

therefore, the cargo shall be moved by the contractor’s transportation network unless the aircraft has been forced to divert due to an emergency or otherwise specified by the AMD/APCC on the daily spot-bid requirements. For example, DDKS outbound cargo will be surface transported from the DDKS facility to Kuwait International Airport (commercial-side) or Al Mubarak (military-side) for the air segment.

1.1.5. The contractor shall deliver cargo to the specified airfield where it will be receipted for by the local aerial port or transportation office, completing the carrier’s delivery obligation. The Government will provide sufficient material handling equipment and personnel to load and unload the contractor’s Theater Express cargo with the following restrictions:

1.1.5.1. The military will not be responsible for downloading or re-handling non-Theater Express AMD awarded cargo.

1.1.5.2. Military aircraft will receive priority support.

1.1.5.3. The contractor must provide their own material handling equipment and personnel to load and unload Theater Express cargo at the following locations: Bagram, Balad, and Baghdad. The military will be responsible to download Theater Express cargo on pallet trains.

1.1.6. The contractor is authorized to utilize their commercial transportation network to aggregate and transload cargo to meet the required delivery parameters. Carriers must ensure pallet integrity is maintained and are not authorized to breakdown, repalletize, or stack AMD palletized cargo.

1.1.7. The contractor can expect delivery requirements between 72 hrs and 120 hrs depending on the cargo transportation priority. This information will be specified during the daily spot-bid process.

1.1.8. For cargo delivery requirements greater than 72hrs, the contractor is required to pick up the cargo within 72hrs. Failure to comply with the 72 hr pick up requirement or notifying the AMD/APCC on uncontrollable situations that prevent the contractor from complying may result in a demerit, suspension, or AMD/APCC no-cost cancellation notification. The AMD/APCC will acknowledge the email, review the delay reason, and determine if the delay is controllable or uncontrollable, and reply back to the contractor as to whether the situation is categorized as controllable or uncontrollable.

1.1.9. The cargo delivery time is measured from 2100Z on the day of AMD/APCC award notification.

1.1.10. If a controllable or uncontrollable situation occurs that will delay a Theater Express mission, the contractor shall be responsible to provide accurate and conclusive delayed mission email notifications to the AMD/APCC. The AMD/APCC will acknowledge the email, review the delay reason, and determine if the delay is controllable or uncontrollable, and reply back to the contractor as to whether the situation is categorized as controllable or uncontrollable.

1.1.11. The contractor shall be responsible for load planning, weight and balance, secure fastening, and any required special handling equipment (e.g., aircraft ramps).

1.1.12. Upon the contractor’s initial acceptance of the cargo at the pick-up location, if the AMD/APCC documented shipment weight is different than actual weight, the contractor shall immediately upon discovery report the situation to the AMD/APCC. The AMD/APCC will determine whether cargo can be added or deleted to the mission to make-up the weight difference or consider other solutions.

1.1.13. The Government will prepare all hazardous cargo under this contract in accordance with AFMAN 24-204. Cargo may include hazardous material Classes 2 through 9 as defined in the International Air Transportation Association (IATA) Dangerous Goods Regulation.

1.2. Safety and Audit Oversight Program.

1.2.1. The Civil Reserve Air Fleet (CRAF) carrier (prime contractor) is required to complete a safety and audit oversight progam on all subcontracted air carriers. As a minimum, the contractor shall comply with the technical requirements identified in the attached Theater Express Safety and Audit Oversight Checklist (Attachment 2 ). In addition, the prime contractor shall not use carriers listed on Civil Aviation Authority banned carrier listings such as the European Banned Carrier Listing at http://ec.europa.eu/transport/air-ban/list_en.htm.

1.2.1.1. CRAF carriers (prime contractors) that will utilize a subcontractor to perform any portion of the airlift requirement must assess the level of safety of the subcontractor. This assessment will be based upon a safety audit performed by the CRAF carrier or an independent International Air Transport Association (IATA) accredited 3rd party audit organization.

1.2.1.2. Following completion of each safety audit, the CRAF carrier shall issue a “Statement of Compliance” to the contracting officer affirming each subcontractor complies with the technical requirements of paragraph 1.2. This certificate shall be valid for 24 months. The CRAF carrier must develop a subcontractor audit program that provides for an onsite audit of subcontractors at least every 24 months in order to issue subsequent “Statements of Compliance.”

1.2.1.3. Should the government determine that any of the following conditions exist, it may issue a temporary Theater Express non-use status notice and report the situation to the proper Government officials:

a. Contractor’s failure to meet any of the obligations imposed by paragraphs 1.2.

b. Involvement of one of the contractor’s and/or subcontractor’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)

c. Any other condition that affects the safe operation of contractor’s flight hereunder.

1.2.1.4. In no event shall a temporary Theater Express non-use status notice, regardless of outcome, give rise to any liability on the part of the Government.

1.2.2. Within 90 days of contract award, the CRAF carrier (prime contractor) shall provide the contracting officer a complete MS-Excel spreadsheet listing of all foreign flag subcontractors used in performance of this contract. The information shall include the carrier’s name, aircraft type, aircraft registration number, aircraft country of operating certificate, and the date of the prime contractor’s last audit on the subcontractor. Any subcontractor changes shall require the contractor to provide an updated list to the contracting officer within five business days. Note: The Government retains the right to request copies of all completed audit reports.

1.2.3. Incident Reporting. In the event of an air or ground safety incident, the contractor shall immediately notify the CDDOC (Tel: 011-965-2389-5222), AMD/APCT (Tel: 011-974-458-9555, after prompt enter 436-4186) , and the Contracting Office (Tel: 618-229-2462/2507). The contractor shall state their name, who they represent, incident location, aircraft type, aircraft tail number, and incident time (Zulu).

Additionally, the contractor shall forward the CDDOC, AMD/APCT, and Contracting Office a completed Incident Report Form (Exhibit C) documenting the circumstances surrounding the incident within 2 hours (to include copies of the cargo manifest).

1.2.4. Aircraft Recovery Process.

1.2.4.1. Within 12 hours, the contractor will provide an aircraft recovery plan identifying their process to repair and remove the aircraft. The contractor will provide daily status information to the Senior Airfield Authority, AMD/APCT, CDDOC, and contracting officer on the progress to repair/remove the aircraft.

1.2.4.2. If the contractor cannot remove the aircraft within 24 hours, the Government reserves the right to move the aircraft to another parking spot after consulting with the contractor and charge the contractor for associated costs hours.

1.3. Defense Distribution Depot, Kuwait, Southwest Asia (DDKS) Outbound Cargo.

1.3.1. DDKS outbound shipments are a surface/air transportation process. The cargo shall have a surface segment from the DDKS facility to Kuwait International Airport (commercial-side) or Al Mubarak (military-side) for the air segment to the final destination. The contractor’s rates shall include a single all inclusive price per pound for both the ground and air movement.

1.3.2. The contractor shall inspect all outbound cargo prior to taking possession. Any discrepancies noted in the cargo preparation procedures should be reported to DDKS and AMD/APCT personnel prior to taking possession of the cargo.

1.3.3. The contractor shall notify DDKS on loss, damaged, or misrouted DDKS shipments within 24 hours of discovery. The contractor shall include a copy of the cargo manifest or detailed data on the shipment (i.e. Transportation Control Number).

1.3.4. The contractor shall respond to Transportation Discrepancy Reports (TDR), SF-361 in accordance with the Defense Transportation Regulation (DTR), Part II, Cargo Movement section when required.

1.3.5. Al Mubarak (military-side) coordination. The contractor shall coordinate surface movements with the Al Mubarak Air Terminal Ground Handling Station (ATGHS) contractor prior to transporting cargo through this area. All cargo will be pre-staged at the vehicle staging area/cross-over checkpoint one hour prior to the aircraft arrival. The ATGHS contractor will escort the trucks to the flight line and cargo loading area and load/unload the contractor’s cargo. The Theater Express contractor will not be allowed to load and unload their aircraft on the military-side and must rely on the Government ATGHS contractor.

1.4. Opportune Cargo.

1.4.1. Under an existing AMD award, the local Aerial Port may require the contractor accept opportune, high-priority (e.g., Super, 999, MICAP) loose cargo weighing 100 lbs or less per city-pair mission segment at the AMD awarded mission cost per pound rate. This option would be exercised only when the Aerial Port determines that this would deliver cargo to destination faster than any military options available. The local Aerial Port shall notify the AMD/APCC of the opportune cargo movement and the contractor, per coordination with the AMD/APCC, shall invoice the additional weight against an existing pallet ID listed in the AMD award.

1.4.2. Under an existing AMD awarded city-pair, the local Aerial Port may request the contractor to accept opportune high-priority (e.g., Super, 999, MICAP) palletized cargo assuming the contractor has the existing capacity on the aircraft using the Aircraft Worksheet (Exhibit G). The contractor may elect to transport last-minute, opportune, high-priority palletized cargo to the next scheduled destination at the AMD awarded mission cost per pound rate. This option would be exercised only when the local Aerial Port determines that this would deliver cargo to destination faster than any military options available. The local Aerial Port shall notify the AMD/APCC of the opportune cargo movement and the contractor, per coordination with the AMD/APCC, shall invoice the additional weight against an existing pallet ID listed in the AMD award.

1.5. Aircraft roller or rail system.

1.5.1. The contractor shall ensure all aircraft are equipped with a roller or rail system that is compatible for 463L configured pallets and equipment. Exception: When roll-on/roll-off or loose cargo is the only cargo transported.

1.6. Additional Tie-down, Ramps, or Sub-Flooring.

1.6.1. When additional tie-down equipment, ramps, or sub-flooring is necessary to load/unload and secure the loaded pallet/cargo or roll-on, roll-off cargo to the aircraft, the contractor shall furnish it.

1.7. Hazardous Cargo Shipments.

1.7.1. All hazardous materials will be in air-authorized packaging and meet the type and/or quantity restrictions for cargo only aircraft and be packaged, prepared, marked/labeled and certified in accordance with AFMAN 24-204.

1.8. Pre-Alert Notification.

1.8.1. No later than (NLT) 12 hrs prior to aircraft arrival, the contractor shall provide an Aircraft Worksheet using the format in Exhibit G to destination Aerial Port.

1.8.2. A contractor representative shall be available, in person or via telephone, during aircraft arrival or departure. This representative shall be responsible for providing necessary information and coordinating with Government personnel and have the full authority to react to and effect necessary changes (e.g., providing support equipment, flight plans, fuel orders, documentation, etc).

1.9. Supply Chain Security.

1.9.1. The contractor shall follow their commercial surface and air security and customs procedures to safeguard all cargo against terrorism, theft, loss, tampering, or damage.

1.10. Loss or Damage Claims.

1.10.1. The contractor is liable for loss, damaged or misrouted shipments. All damaged shipments remain the property of the US government.

1.10.2. The contractor shall notify the AMD/APCT of lost, damaged, or misrouted shipments within 24 hours of discovery.

1.10.3. The AMD/APCT customer shall have 30 calendar days from the required delivery date to submit a claim for loss or damage.

1.10.4. The contractor’s liability shall be limited to $9.07 per pound.

1.11. DD Form 2400, DD Form 2401, and DD Form 2402 requirements.

1.11.1. DD Form 2400, Civil Aircraft Certificate of Insurance. The Civil Reserve Air Fleet (CRAF) carrier (prime contractor) and all foreign flag subcontractors are required to have a completed Civil Aircraft Certificate of Insurances on file with the contracting officer. Aircraft Certificate of Insurance specifying the coverage below must be submitted to the Contracting Officer within 10 days of contract award. Prime Contractors will provide updated forms as required.

1.11.1.1. Each Person (Bodily Injury): $200,000.00

1.11.1.2. Each Accident (Bodily Injury): $1,000,000.00

1.11.1.3. Each Accident (Property Damage): $1,000,000.00

1.11.2. DD Form 2401, Civil Aircraft Landing Permit. Not Applicable. The Prior Permission Request (PPR) process replaces this requirement.

1.11.3. DD Form 2402, Civil Aircraft Hold Harmless Agreement. The Civil Reserve Air Fleet (CRAF) carrier (prime contractor) and all Foreign Flag subcontractors are required to have a completed Civil Aircraft Hold Harmless Agreement on file with the contracting officer. Hold Harmless Agreement’s must be submitted to the Contracting Officer within 10 days of contract award. Prime Contractors will provide updated forms as required.

1.12. Customs.

1.12.1. The contractor shall provide duty-free customs clearance processing at both military-controlled and civilian-controlled airfields in accordance with their commercial procedures and the Defense Transportation Regulation.

1.12.2. Customs clearance procedures and updates can be reviewed in the Defense Transportation Regulation (DTR) Part V, Department of Defense Customs/Border Clearance Policies and Procedures, which is available on the public web page at http://www.transcom.mil/j5/pt/dtr_part_v.cfm.

1.12.3. The contractor shall notify the AMD/APCT within 24 hours if government shipments are detained in customs.

1.12.4. Contractors will participate in the development and testing of DOD automated customs clearance systems by providing user feedback to the government and by inputting manifest and other shipping data to the system(s) as necessary. Upon implementation of these systems in various destination countries, the contractor will begin using electronic customs procedures to clear cargo as indicated in DTR Part V or interim instructions issued by USTRANSCOM.

1.13. Electronic Data Interchange (EDI) 214 Global Transportation Network (GTN) Interface.

1.13.1. In accordance with Exhibit A, the contractor shall provide an accurate GTN interface no later than 30 calendar days after contract award and maintain this interface throughout the contract performance period.

1.13.2. EDI compliance will be…