HTC711-09-R-0039.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

HTC711-09-R-0039 27-Jul-2009

b. TELEPHONE NUMBER

618-256-6648

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 17 Aug 2009

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 Gov t. 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 F2QF04 16. ADMINISTERED BY

ACC PMS - F2QF04

PARKINSON, GENA

11817 CANON BLVD STE 306

NEWPORT NEWS VA VA 23606-2569

TEL: 757-764-9459 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CARRIE E. YEARIAN

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

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: % 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

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

HTC711-09-R-0039

Section SF 1449 - CONTINUATION SHEET

CONTINUATION OF SF 1449

1. Continuation of Block 16:

The telephone and fax numbers of the Contracting Officer are: Telephone: (618) 256-6648 Fax: (618) 256-6419.

2. Continuation of Block 18b:

a. Payment made to the Canadian Commercial Corporation (CCC) by the US Government for services performed and accepted pursuant to the terms of the contract shall be in accordance with the applicable prices set forth in the schedule. All payments shall be in Canadian currency.

b. Subcontractor Carriers shall submit invoices to:

NATIONAL DEFENSE HQ

TRANSPORTATION OPERATIONS

NORTH WARNING SYSTEM OFFICE

DAEPM (R&CS 2-4),

MGEN GEORGE R. PEARKES BLDG.,

OTTAWA, ONTARIO CANADA, K1A 0K2

And;

CANADIAN COMMERCIAL CORPORATION,

TOWER B, 11TH FL, 50 RUE O’CONNOR ST,

OTTAWA, ONTARIO K1A 0S6

c. At the end of the billing period, or at least monthly, the CCC shall submit invoicees via the Wide Area Workflow, Receipt and Acceptance (WAWF) website. All backup documentation (copies of paid receipts for reimbursable items) must either be attached to the invoice in the WAWF system or provided to the Contracting Officer at the following address:

HQ USTRANSCOM/TCAQ-R

508 SCOTT DRIVE

SCOTT AFB, IL 62225-5357

(618) 256-6648

3. Continuation of Blocks 19 - 24.

All prices offered must be in terms of Canadian Dollars (CN). Offers submitted in any other currency will not be accepted. Performance of this contract shall begin 1 Oct 09, or date of award if subsequent thereto, and shall continue through 30 Sep 10, unless terminated or canceled sooner under the provisions of this contract or unless extended pursuant to Federal Acquisition Regulation (FAR) 52.217-8 or FAR 52.217-9. Four one-year options may be exercised.

4. Continuation of Block 25: Accounting and Appropriation Data will be cited on individual task orders.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 1,500 Hours Rotary Bulk Fuel Transfer

FFP

Base Year. Short Range Radar (SRR) annual bulk fuel transfer. The contractor shall provide rotary wing refueling support in accordance with the Performance Work Statement (Attachment 1). The minimum quantity is 1,200 block hours.

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Lot Rotary Bulk Fuel Reimbursables

COST

Base Year. Reimbursable expenses for bulk fuel transfer. To be reimbursed in accordance with the Performance Work Statement, Attachment 1. Authorized expenses include aviation fuel, per diem, and landing/aviation fees.

ESTIMATED COST

UNIT UNIT PRICE MAX AMOUNT

1001 1,500 Hours OPTION Rotary Bulk Fuel Transfer

FFP

Option Year One. Short Range Radar (SRR) annual bulk fuel transfer. The contractor shall provide rotary wing refueling support in accordance with the Performance Work Statement (Attachment 1). The minimum quantity is 1,200 block hours.

1002 Lot OPTION Rotary Bulk Fuel Reimbursables

COST

Option Year One. Reimbursable expenses for bulk fuel transfer. To be reimbursed in accordance with the Performance Work Statement, Attachment 1.

Authorized expenses include aviation fuel, per diem, and landing/aviation fees.

UNIT UNIT PRICE MAX AMOUNT

2001 1,500 Hours OPTION Rotary Bulk Fuel Transfer

FFP

Option Year Two. Short Range Radar (SRR) annual bulk fuel transfer. The contractor shall provide rotary wing refueling support in accordance with the Performance Work Statement (Attachment 1). The minimum quantity is 1,200 block hours.

2002 Lot OPTION Rotary Bulk Fuel Reimbursables

COST

Option Year Two. Reimbursable expenses for bulk fuel transfer. To be reimbursed in accordance with the Performance Work Statement, Attachment 1.

Authorized expenses include aviation fuel, per diem, and landing/aviation fees.

UNIT UNIT PRICE MAX AMOUNT

3001 1,500 Hours OPTION Rotary Bulk Fuel Transfer

FFP

Option Year Three. Short Range Radar (SRR) annual bulk fuel transfer. The contractor shall provide rotary wing refueling support in accordance with the Performance Work Statement (Attachment 1). The minimum quantity is 1,200 block hours.

3002 Lot OPTION Rotary Bulk Fuel Reimbursables

COST

Option Year Three. Reimbursable expenses for bulk fuel transfer. To be reimbursed in accordance with the Performance Work Statement, Attachment 1.

Authorized expenses include aviation fuel, per diem, and landing/aviation fees.

UNIT UNIT PRICE MAX AMOUNT

4001 1,500 Hours OPTION Rotary Bulk Fuel Transfer

FFP

Option Year Four. Short Range Radar (SRR) annual bulk fuel transfer. The contractor shall provide rotary wing refueling support in accordance with the Performance Work Statement (Attachment 1). The minimum quantity is 1,200 block hours.

4002 Lot OPTION Rotary Bulk Fuel Reimbursables

COST

Option Year Four. Reimbursable expenses for bulk fuel transfer. To be reimbursed in accordance with the Performance Work Statement, Attachment 1.

Authorized expenses include aviation fuel, per diem, and landing/aviation fees.

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 1001 Destination Government Destination Government 1002 Destination Government Destination Government

2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-OCT-2009 TO

30-SEP-2010

N/A ACC PMS - F2QF04

PARKINSON, GENA

11817 CANON BLVD STE 306

NEWPORT NEWS VA VA 23606-2569

757-764-9459

F2QF04

0002 POP 01-OCT-2009 TO

30-SEP-2010

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-OCT-2010 TO

30-SEP-2011

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-OCT-2010 TO

30-SEP-2011

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-OCT-2011 TO

30-SEP-2012

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-OCT-2011 TO

30-SEP-2012

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-OCT-2012 TO

30-SEP-2013

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-OCT-2012 TO

30-SEP-2013

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-OCT-2013 TO

30-SEP-2014

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-OCT-2013 TO

30-SEP-2014

N/A (SAME AS PREVIOUS LOCATION)

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

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.212-4 Contract Terms and Conditions--Commercial Items MAR 2009 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2008 52.222-39 Notification of Employee Rights Concerning Payment of

Union Dues or Fees

DEC 2004

52.222-50 Combating Trafficking in Persons FEB 2009 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 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 52.247-21 Contractor Liability for Personal Injury and/or Property

Damage

APR 1984

52.247-22 Contractor Liability for Loss of and/or Damage to Freight Other Than Household Goods

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 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

252.225-7041 Correspondence in English JUN 1997 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

MAR 2008

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.233-7001 Choice of Law (Overseas) JUN 1997

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 be designated on a mission-by-mission basis and 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 (MAY 2009) (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 the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note).

(ii) 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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) Reserved.

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

(v) 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).

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

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

13201).

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

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 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.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-- Requirements (FEB 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (Not applicable until June 30, 2009.)

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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 Oct 2009 through 30 Sep 2010 (30 Sep 2011 if option one is exercised; 30 Sep 2012 if option two is exercised; 30 Sep 2013 if option three is exercised; and 30 Sep 2014 if option four is exercised).

(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 minimum quantities identified in each CLIN (if no minimum is identified, there is none), 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 awarded CLINS;

(2) Any order for a combination of items in excess of the sum of all awarded 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.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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 30 Sep 2010 (30 Sep 2011 if option one is exercised; 30 Sep 2012 if option two is exercised; 30 Sep 2013 if option three is exercised; and 30 Sep 2014 if option four is exercised).

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 within 30 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 within 30 calendar days prior to expiration of the current 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 60 months.

52.229-7 TAXES--FIXED-PRICE CONTRACTS WITH FOREIGN GOVERNMENTS (JAN 1991)

(a) "Contract date," as used in this clause, means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification.

(b) The contract price, including the prices in any subcontracts under this contract, does not include any tax or duty that the Government of the United States and the Government of Canada have agreed shall not apply to expenditures made by the United States in Canada or any tax or duty not applicable to this contract or any subcontracts under this contract, pursuant to the laws of Canada. If any such tax or duty has been included in the contract price, through error or otherwise, the contract price shall be correspondingly reduced.

(c) If, after the contract date, the Government of the United States and the Government of Canada agree that any tax or duty included in the contract price shall not apply to expenditures by the United States in Canada, the contract price shall be reduced accordingly.

(d) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250.

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 Sep 2010 . 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 Sep 2010, 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.

252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2009)

(a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components.

_X_ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).

(b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

(1) _X_252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).

(2) _X_ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C.

2416).

(3) ___ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637).

(4) ___ 252.219-7004, Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note).

(5) _X_ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582).

(6) ___ 252.225-7012, Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a).

(7) ___ 252.225-7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a).

(8) ___ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C.

2533a).

(9) ___ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts).

(10) ___ 252.225-7021, Trade Agreements (NOV 2008) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note).

(11) ___ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C.

2779).

(12) ___ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C.

2755).

(13)(i) ___ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note).

(ii) ___ Alternate I (OCT 2006) of 252.225-7036.

(14) ___ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C.

2534(a)(3)).

(15) ___ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts).

(16) ___ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).

(17) ___ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).

(18) _X_ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports(MAR 2008) (10 U.S.C. 2227).

(19) ___ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(20) _X_ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).0

(21)(i) _X_ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(ii) ___ Alternate I (MAR 2000) of 252.247-7023.

(iii) ___ Alternate II (MAR 2000) of 252.247-7023.

(iv) ___ Alternate III (MAY 2002) of 252.247-7023.

(22) _X_ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

(c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

(1) 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a).

(2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375).

(3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631).

(4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).

5552.216-9003 USTRANSCOM TASK AND DELIVERY ORDER OMBUDSMAN (JUNE 2009)

In accordance with FAR 16.505(b)(6), the individual identified below is designated as the USTRANSCOM Task and Delivery-Order Ombudsman. The ombudsman is an independent official designated to review contractor 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 relieve the contractor from performance requirements in the contract, nor alter or postpone any 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:

Deputy Director, Acquisition Business Operations Telephone Number: 618-256-4300 FAX: 618-256-4702

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. 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) and Transport Canada 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) 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.”

(End of Clause)

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

2007) ALTERNATE I (AUG 2007).

(a) This contract is conditioned upon the contractor being a commercial air taxi operator within the meaning of the Federal Aviation Act (FAA of 1958, as amended) and holding a current Air Carrier Operating Certificate in accordance with Part 135 of the Federal Aviation Regulations (or Transport Canada equivalent) and holding a registration under Part 298 of the Department of Transportation (DOT) Regulations (or Transport Canada equivalent). 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 imposed by the pertinent regulatory body shall have expired or 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 at the time that notice thereof is given by the contracting officer to the contractor's designee named in accordance with the terms of this contract. All flights, which were scheduled to be flown during the time any such suspension is in effect, will be canceled. A unilateral modification reflecting the cancellation and reducing the government's obligation accordingly will be issued by the contracting officer at the termination of the period during which this contract is suspended or after the expiration of the period of performance of this contract. Any such cancellation is not for the convenience of the government and is not a termination within the meaning of clause 52.212-4, “Contract Terms and Conditions – Commercial Items.”

Such cancellation 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 the clause 5552.247-9002, “Contractor's Failure to Provide Service.”

(3) Terminate this contract in whole or in part under the procedures of the clause entitled "Default." If this contract is terminated for default pursuant to paragraph b, and if it is subsequently determined that termination for default is not appropriate, this contract shall then be considered to have been canceled pursuant to subparagraph b(4) below.

(4) Cancel this contract in whole or in part. Any such cancellation will be accomplished by the issuance of a unilateral modification and will not be a termination under the provisions of clause 52.249-2, “Termination for Convenience of the Government (Fixed-Price),” and neither party will be liable to the other party for costs incurred as a result of such cancellation.

(c) If at any time an air carrier ceases operations or surrenders their operating certificate to the Federal Aviation Administration (FAA)(Transport Canada), the air carrier is required to immediately notify the Contracting Officer the next business day stating the circumstances for ceasing operations and/or surrendering their operating certificate.

5552.247-9002 Contractor's Failure to Provide Service.

CONTRACTOR’S FAILURE TO PROVIDE SERVICE - 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 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.

LIST OF ATTACHMENTS

ATTACHMENT TITLE NUMBER OF PAGES

1. Performance Work Statement 9 Rotary-Wing Bulk Fuel Transfer

2. Required Reports 1

3. List of Aircraft 1

4. Wide Area Work Flow (WAWF) Instructions 1

5. Historical Data 1

6. Past Performance Questionnaire 5 (Will not become part of resultant contract)

ATTACHMENT 1

NORTH WARNING SYSTEM AIRLIFT

Rotary-Wing Bulk Fuel Airlift Services

PERFORMANCE WORK STATEMENT

The PWS applies to rotary bulk fuel airlift service to the North Warning System in Canada. Appendix 1 contains the specific rotary wing bulk fuel airlift requirements. Appendix 2 lists fuel tank locations and capacities. Appendix 3 lists approximate site locations.

1.0 DESCRIPTION OF SERVICES

1.1. The Contractor shall provide all personnel, services, equipment, tools, oil, facilities, supervision and direct materials necessary for the performance of the air transportation services hereunder, including sufficient number of ground personnel for adequate maintenance and ground operation, except as otherwise noted in this contract. The Contractor’s price includes all costs of performance (including spares, aircraft basing, lodging, crew rotation costs, and aircraft heaters) and costs for fuel handlers, except for items covered under reimbursable expenses.

1.2. Prior to contract start the Contractor shall furnish the Contracting Officer/Contracting Officer’s Representative (CO/COR) with the name, address, and telephone number of an agent who will serve as a liaison between the Contractor and the CO/COR. The agent must have authority to schedule contract services. The agent shall be available by telephone at all times.

1.3. Contractor uncontrollable delays/diversions. In the event a flight is delayed/diverted because of weather or other uncontrollable factors, a minimum waiting period of four (4) hours is required before a flight can be canceled.

The final decision for flight cancellation due to weather rests with the aircraft commander. Canceled flights shall be rescheduled and operated within 24 hours or as mutually agreed between the Contractor and the Operations and Maintenance (O&M) Contractor on the direction of the Government. If the crew must remain overnight (RON) through no fault of the Contractor or at the specific request of the CO/COR or HQ ACC AMIC Det 1, the Contractor will be reimbursed per diem rates consistent with Public Law 99- 234, Federal Civilian Employees and Contractor Travel Expenses Act of 1985. See FAR 31.205-46 (a)(2).

1.4. Flight delays/diversions caused by such events as maintenance and crew problems are considered Contractor controllable delays and shall be at the Contractor’s expense.

1.4.1. The contractor shall maintain a 95% reliability rate computed monthly by subtracting the total number of contractor-controllable delayed departures at the originating and en route stations from the contractor’s total number of scheduled departures and stating this as a percentage of total departures.

1.4.2. A delay shall be deemed to have occurred at the originating or en route station if the contractor’s aircraft departs the blocks more than 20 minutes after the scheduled departure time, except in those instances when the aircraft arrives at the next scheduled destination on time. Delays at originating and en route stations caused by factors beyond the control and without fault or negligence of the contractor shall be considered as contractor-uncontrollable; a delay for any other reason shall be considered contractor-controllable. The contractor-uncontrollable delay time experienced at the origination and en route stations on a mission shall be added to the scheduled departure time at the next en route station for purposes of determining the scheduled departure time at that station on that mission.

1.4.3. Failure to maintain a 95% schedule reliability rate will be reason for terminating the contract pursuant to FAR 52.212-4; however, nothing in this paragraph shall limit the right of the Government to terminate this contract for cause for other reasons or to limit any other rights and remedies provided the Government by law or under this contract. When an aircraft is unavailable for a period of more than 48 hours with no substitution pursuant to FAR 52.246-4, the government’s financial obligation will be reduced by the cost directly equal to the number of days that the aircraft was not available.

1.4.4 The contractor may refuse any mission for safety reasons. However, missions must be rescheduled and flown as agreed to by NWS O&M Contractor.

1.5. The Contractor will obtain a flight number from the O&M Contractor prior to leaving the base of operations.

This flight number will remain unchanged until the aircraft returns to where the mission originated. Note that each trip must be assigned a new flight number (the next number in sequence).

1.6. The aircraft offered for the performance of this contract shall be Instrument Flight Rules/ Visual Flight Rules(IFR/VFR) equipped. Helicopters must have sling capability. The type of aircraft will depend on weather, urgency of requirements, estimated time to perform the work and absolute limitations of civil twilight.

1.7. The Contractor shall be required to carry a survival kit and two fire extinguishers on the aircraft.

1.8. The Contractor shall be responsible for the removal from all North Warning System (NWS) sites of all hazardous, unused and waste materials owned or generated in the operations of the Contractor owned aircraft.

Examples of such materials include, but are not limited to; unserviceable aircraft component and parts, used engine fluids, and any used or unusable petroleum, oil, and lubricants (POL) products.

1.9. The Contractor shall provide a daily flight log within 24 hours upon completion of each mission to the NWS O&M Contractor through the Logistic Support Site (LSS) Manager, if possible, or a commercial facility. Flight Log will include any required per diem, lodging and landing fees. Flight Log will also be annotated to reflect fuel sampling has been accomplished whenever NWS fuel is taken, if commercial fuel is acquired then the contractor shall annotate the cost and location of where the fuel was purchased. (CDRL).

1.10. PROHIBITED ACTIVITIES

1.10.1 All air carrier employees are prohibited from possessing alcoholic beverages on any North Warning System site.

1.10.2 Weapons are normally prohibited on North Warning Sites. The Contractor must ensure that weapons are secured at all times in a designated area as determined by the O&M Contractor.

1.10.3 Smoking is allowed in designated areas only.

1.11 Reserved

1.12 LIABILITY FOR PERSONAL CARGO.

Contractor shall be responsible for the loss and/or damage to the passenger baggage and personal equipment while such items are in his custody or on board his aircraft. Liability for these items is limited to the actual value thereof, not to exceed $2,800.00 US per passenger. In the event it should become necessary to off load passengers at any location or station, other than at the direction of the Contracting Officer, the Contractor shall be responsible for such off loading, passenger care, and safeguarding personal baggage from loss, theft, and/or weather damage, reloading, and all costs incident to such services until such time as the Contractor moves or causes to be moved such passengers to their intended destination or to such other location as directed by the Contracting Officer. The Contracting Officer shall be notified immediately of any off loading.

1.13. RESPONSIBILITY FOR GOVERNMENT CARGO.

To the extent insurance required by this contract is not required for payment of third party claims, the balance of said insurance shall apply to Government cargo loss, damage or destruction thereto. In the event of an accident, the Contractor shall be responsible for providing continuous protection of all cargo aboard the aircraft and for delivery of the cargo to the point designated by the COR.

1.14. ORDERS.

The CO will issue all task orders. After task orders are issued, the North Warning System Operations and Maintenance contractor (NWS O&M) will provide the Contractor with a tentative flight schedule for the following month. At least 24 hours prior to the scheduled departure time, the O&M Contractor and the Contractor shall mutually agree to the actual flight departure time. The Contractor shall not initiate any action to perform any work under this contract, which would exceed the amount on the task order.

1.15. MINISTRY OF TRANSPORTATION (Transport Canada)

Following the completion of any Civil Aviation Agency inspection,…