HTC711-10-R-C001-0003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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:

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.

(X) 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.)

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)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED

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

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

16C. DATE SIGNED

BY

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

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

submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT 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.

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

NSN 7540-01-152-9070

PREVIOUS EDITION UNUSABLE

Created using PerForm Pro software.

a. The purpose of this amendment is to update the control of aircraft information, information for passenger processing information at Seattle-Tacoma IAP, information regarding schedule reliability, rolling 3 quarter heavy maintenance plan, Mode S EHS exemption information, insurance certificate requirements and the instructions for completing the CRAF Aircraft Performance data Sheet (Formerly HQ AMC Form 83) for the B-747 Variable Zero Fuel Weight aircraft.

b. Remove pages L-5, M-9, page 2 of 41, pages 19 through 22 of 41, pages 28 through 41 of 41, page 3-1, page 3-6, Attachment 8 and Attachment 8a and replace with the attached pages.

c. As a result of this amendment, there is no change in the closing date.

HTC711-10-R-C001

01/Jul/2010

X

John R. Carlson (618) 220-7033

HTC711

29/Jul/20100003

X

USTRANSCOM/TCAQ-CP

508 Scott Drive Scott AFB, IL 62225-5357

X

See Schedule

SOLICITATION NO: HTC711-10-R-C001-0003

L-5 29 July 2010

(10) CRAF Aircraft Basic Data Sheet(s) (Formerly HQ AMC Form 82) and CRAF Aircraft Performance Data Sheet(s) (Formerly HQ AMC Form 83) (Attachments 8a and 8b) and associated current certified Computer Flight Plan (CFP).

Offeror shall submit the data sheets in a Microsoft Excel document on the same CD as the Appendix 3 above. Offeror shall submit the CFP on the same CD in pdf format. DUE TO PROGRAMATIC CHANGES IMPLEMENTED IN THIS

SOLICITATION, ALL CARRIERS ARE REQUIRED TO SUBMIT COMPLETE DATA SHEET PACKAGES

UTILIZING THE 1 JUN 10 VERSIONS.

(11) If an offeror is not presently listed on the DOD list of approved contractors, a copy of AMC IMT 207, Department of Defense (DOD) Statement of Intent (Attachment 6) must be submitted in its proposal package.

Additionally, prior to contract award the contractor will be processed for a facility clearance (FCL) IAW Attachment 1, paragraph 4.2.2 and employees may be processed for a personnel clearance (PCL) IAW Attachment 1, paragraph 4.2.3.

(12) Offerors shall submit their preference as to distribution of their entitlement among the SUBCLINs. This preference does not guarantee the business requested, but does establish a base for negotiations.

(13) Small Business Subcontracting Plan (Applicable to other than Small Businesses). A Subcontracting Plan for small business concerns shall be submitted as required by FAR 52.219-9. In order to meet this requirement each individual offeror, not in a teaming arrangement, may submit their commercial subcontracting plan as defined in FAR 52.219-9 paragraph (g). Team Arrangements are required to submit an Individual subcontracting plan for this acquisition only. The Subcontracting Plan is required as part of initial proposal submission from all offerors, other than small business concerns, intending to perform peacetime fixed or expansion business.

(14) Offerors may be required to submit certified cost and pricing data in support of CLINS other than those priced at the USTRANSCOM Uniform Negotiated Rate (See Sec B).

(15) Fuel Purchase Agreement. If an Offeror desires to purchase fuel on credit from the Defense Energy Support Center, a copy of the Fuel Purchase Agreement with accompanying Tax Exemption certificate (Attachment 10) must be completed.

(16) For aircraft offered to the Aeromedical Evacuation Segment, submit a statement on company letterhead certifying that all submitted and listed aircraft are in current compliance with the requirements of the Aeromedical Evacuation Ship Set (AESS) Supplemental Type Certificate, SA5039SW-D, and the associated L-3 Communications Integrated Systems (L- 3/IS) documentation including specification 89CD0161 Rev N (or the most current revision thereto) and L-3/IS drawing 7590ICD00001 Rev N (or the most current revision thereto). Note that the aircraft which are approved for the installation of the AESS are listed in document 89CD0161.

(17) If an offeror is not presently performing under an International CRAF contract, a copy of the current Memorandum of Understanding regarding the ratemaking process.

(c) The aircraft listed in Appendix 3A to this Solicitation must be of United States registry, suitable for CRAF allocation and must be subject to the contractor's control as of the date of its offer. Refer to Section M-5, paragraph d, “Acceptance Criteria” and Attachment 1 (PWS) Section 4, paragraph 4 for specific control of aircraft requirements. Aircraft scheduled to transfer between members of a contract teaming arrangement after the date of offer may receive full mobilization value points, which will be allocated to one transferring carrier designated by the team. Aircraft not scheduled to be in the contractor's fleet at the start of the contract period, may be offered to CRAF after the start of the contract, when the aircraft becomes available for CRAF. Those aircraft shall be added to Appendix 3A and mobilization value points will be recalculated by the Government at the beginning of each quarter and issued via modification after contract award. The aircraft listed on Appendix 3A must be exclusive of those the offeror (1) is offering under the AMC solicitation for Domestic and Alaskan CRAF or (2) has committed to other FY11 contracts for air transportation. MV points will not be awarded for any aircraft offered to the program that causes the cumulative WBE to exceed 115% of the Stage III maximum WBE identified in Paragraph M-5b. EXCEPTION: New entrants will be allowed to enter the program during the year and will have one aircraft assigned to Stage III only with a MV point value of 25% of the earned mobility value.

(d) Offeror must demonstrate by evidence of ownership, lease arrangements or lease purchase agreements that the aircraft identified by FAA registration number under Appendix 3A (or any replacement aircraft satisfactory to the Air tccarljr Highlight

SOLICITATION NO: HTC711-10-R-C001

M-9 29 July 2010

(ii) Wide Body Convertible Aircraft

(iii) Narrow Body Aircraft

(2) Offer of Aircraft. When contractors offer aircraft to CRAF they are agreeing to allow said aircraft to be assigned to the CRAF stages as deemed necessary by HQ AMC/A3BC.

(3) Assignment of Aircraft. After aircraft are offered and accepted, they are assigned to the CRAF stages, completing segments, sections, and elements independently of each other, by HQ AMC/A3BC. Assignments are made to fulfill the requirements specified in Para. M-5.b. to as close to the specified level as is reasonably possible; however, the resulting total will exceed the stated requirement somewhat. Stage assignments are final and not subject to dispute.

(i) STAGE I. A minimum of one aircraft from each contractor, suitably equipped with required communication and navigation capabilities, will be assigned to Stage I. Contractors who desire additional aircraft assigned to Stage I, above the minimum as stated above, must indicate so in writing, on company letterhead, identifying the additional number of aircraft they want assigned. The statement must accompany Appendix 3A of their response to this solicitation. After the minimum of one aircraft from each contractor has been assigned to Stage I, every effort will be made to fill the remainder of the stage with aircraft that contractors have identified for assignment to Stage I, considering however, the Government's right to make the final selections. If Stage I is still not filled, the remainder will be filled with aircraft selected in proportion to the total CRAF long-range international commitment of all contractors. Should the total volunteered aircraft exceed that needed to meet the Stage I requirement, assignment of aircraft will be done in proportion to the contractors’ total offers for assignment to Stage I.

Any one carrier’s assignment to Stage I will be limited to approximately 15% (4-5 WBE) of the total Stage I passenger or cargo requirement. Maximum flexibility is required in CRAF planning; therefore, in long-range international, Stage I passenger section must have a minimum of 80 percent wide body aircraft and Stage I cargo a minimum of 60 percent wide body aircraft.

(ii) Stage II. Stage II will be filled first by all aircraft in Stage I, and the remainder of Stage II will be filled with aircraft selected from all long-range carriers, in proportion to their total CRAF long-range international commitment and capability. Stage II short-range section will be filled utilizing the same procedures as Stage I long-range in Para. M-5(d)(3)(i) above; however, proportionality will be based on total offer rather than volunteerism.

(iii) Stage III. The long-range section of Stage III will be filled first by all aircraft in Stages I and II. The remainder of Stage III will be filled by aircraft selected from those aircraft not yet stage assigned, in proportion to each carrier’s total CRAF long-range international offer. Those aircraft fulfilling 100% of the long-range requirement will receive the full MV credit allowed for Stage III (refer to paragraph M-5.e.(4), and those aircraft fulfilling between 100% and 115% of the long-range requirement will receive 25% of the MV credit allowed for Stage III. MV points will not be awarded for any aircraft offered to the program that exceeds 115% of the Stage III maximum WBE identified in Paragraph M-5b. New entrants will be allowed to enter the program during the year and will have one aircraft assigned to Stage III only with a MV point value of 25% of its earned mobility value. All aircraft offered to the short-range section will be accepted into Stage III and receive the full MV credit.

(iv) Once AE-STC compliant B-767 aircraft are offered to the CRAF, it is at A3BC's discretion whether or not to place them in aeromedical segment or regular CRAF segments subject to following the assignment criteria listed in paragraph M-5(b).

(v) HQ AMC/A3BC reserves the right to assign aircraft, when necessary, to meet CRAF requirements, to include maintaining an appropriate mix of aircraft types for all stages. This maximizes CRAF planning and operational flexibility.

(4) The following conditions will apply to acceptance of aircraft:

(i) Aircraft removed from active daily utilization that are in storage and not returnable to mission capable condition for purposes of the DOD within 24 hours, or out of service for reasons other than routine maintenance or modification, will not be accepted into the CRAF. This includes completed aircraft that have not been actually delivered to the offeror and placed in active daily utilization. The carrier is responsible to notify the CO immediately when an aircraft is placed in storage, and reaches a status such that it cannot be returned to mission capable status within 24 hours, or when an aircraft is projected to be, or, has been taken out of service for maintenance, repair and overhaul (MRO) or modification, exceeding 90 days. Refer to Attachment 1 (PWS) Section 4, paragraph 4 for additional tccarljr Highlight tccarljr Highlight

CONTRACT NO:

29 July 2010 passenger seats and pounds for all scheduled segments; cube allowable in the belly compartments; and belly weight by compartment. The contractor’s representative shall sign the local station load planning form to indicate receipt of actual load breakdown.

1.1.2.1. SEAT MAPS: Contractor shall furnish seat maps conforming to the configuration of its aircraft, to the Transportation Reference Data Management (TRDM) program office (email: amca6.a6ii.tmds@scott.af.mil), at least 30 days prior to the start of a channel mission or seven days after contract award, whichever is earlier. Seat maps must clearly identify the location of all emergency exits. Where required seat spacing results in less rows of seats than are indicated in the aircraft’s overhead numbering system, the excess row numbers and seats should be blanked out to minimize confusion.

1.1.2.2. SEAT BLOCKING: The Government may utilize up to the maximum standard ACL for passengers and their allowable baggage. The contractor shall not be allowed to block off any area of the aircraft for nonuse or load route support crew or equipment over the maximum standard ACL unless a waiver is received from the Administrative Contracting Officer (ACO) in advance. However, on all long-range international flights, contractors are authorized to block up to three seats for flight attendant crew rest. These seats shall be designated and approved prior to the start of a mission and shall be easily identified as “USTRANSCOM Approved Crew Rest Seats”.

Unless otherwise pre-approved by the ACO, these seats may only be used for flight attendant rest during mission operation and not for movement of pilots, mechanics or other route support.

1.1.2. 3. PASSENGER MANIFESTING: For all passenger missions, except as provided for below in paragraph 1.1.2.3.1., the Government will perform passenger manifesting and check-in up to the point where baggage is placed on conveyor belt. At all Gateway locations, once baggage is rotated from sight, it becomes the responsibility of the carrier/ground handlers. At all military locations, the Government retains responsibility for baggage until it is loaded on the aircraft. In the event of an accident, refer to Appendix 3, page 3-1, paragraph 3.1., Aviation Disaster Family Assistance Act (ADFAA) Implementation, for additional requirements.

1.1.2.3.1. PASSENGER PROCESSING AT NON-GATEWAY/NON-CHANNEL EXTENSION

LOCATIONS: On occasion, USTRANSCOM may have requirements where passengers are aggregated at commercial airports where there is no AMC contracted services in place. The carrier may be asked to subcontract the these services, which shall include but not be limited to preprocessing and manifesting, passenger processing and check-in and customs arrival procedures. Exact requirements for each movement will be provided to the carrier and a cost agreed upon and added to the delivery order as a miscellaneous item at the time of award.

1.1.2.3.2 PASSENGER PROCESSING AT SEATTLE-TACOMA IAP: The contractor shall provide a complete range of passenger services, which facilitate on-time aircraft departures and expeditious handling of arriving aircraft, in accordance with (IAW) the following:

- Department of Defense (DOD) 4500.54G (Foreign Clearance Guide)

- Air Mobility Command Instruction (AMCI) 24-101 Volume 14 (Military Airlift – Passenger Service)

- FAA Security Requirements, Title 49 Code of Federal Regulations (CFR), Part 1544

- AMC and Transportation Security Administration (TSA) policy, messages, memorandums, and directives

1.1.2.3.2.1. HOURS OF OPERATION. The contractor shall perform the services required under the contract during the following hours: Passenger Processing Counters, staffed and operational at least six (6) hours prior to scheduled aircraft departure for international flights. The contractor will have an identifiable, staffed Baggage/Customer Service Office with hours of 0730 - 1630. The contractor will provide a telephonic recording for the passengers to obtain flight information, points of contact and names regarding space required/space A travel, baggage services, and provide international travel pet information (documentation, immunization, and border clearance requirements). Contractor shall provide points of contact and phone numbers of local kennels/veterinarians that may be used for assistance with pet travel clearance. The contractor shall be available one

(1) hour after all arriving passengers have departed the baggage claim area. The Departure Gate shall be staffed and operational 1 1/2 hours prior to aircraft departure, and as required after aircraft departure and during aircraft delays.

The Arrival Gate shall be staffed and operational to meet aircraft arrivals.

Twelve hours in advance of flight departure time, AMC will provide the Contractor at the origin boarding station a passenger list identifying the travelers booked for that flight. AMC will also provide for each departure;

Page 19 of 41 Attachment 1

4. Safety Barriers 4.12. No validated discrepancies.

MINOR

PWS PARAGRAPH(S)

PERFORMANCE

THRESHOLD

1. Provide tie-down fittings and devices

1.3.8.1. Available in sufficient

quantities when required

2.5. TABLE 3—GENERAL OPERATIONS

CRITICAL

1. Failure to obtain approval for extended parking.

4.20., 4.20.1., 4.20.2. No validated discrepancies.

MAJOR

1. All aircraft systems fully operational 1.0. No mission impact identified

2. Safety Barriers 4.12. No validated discrepancies.

2.6. NOTES:

2.6.1 SCHEDULE RELIABILITY FOR WHOLE PLANE CHARTER MISSIONS

2.6.1.1 The contractor’s schedule reliability rate shall be based on on-time arrivals and computed for any rolling three-month period by subtracting the total number of contractor-controllable delays during the three-month period, from the contractor’s total number of scheduled originating and turnaround missions operated in that three-month period, and dividing the remainder by the contractor’s total number of scheduled originating and turnaround missions operated for the period. In the event a contractor had a CRAF contract the previous year in which the reliability rate was based on on-time arrivals, the schedule reliability for the final two months of the previous year will be used in determining schedule reliability for the first two months of this contract. This reliability rate computation shall be made as of 2400 hours Greenwich Mean Time (GMT) on the last day of each calendar month.

NOTE: A carrier performing both cargo and passenger missions will have a separate schedule reliability rate for each type of mission. ACL reductions due to poor reliability will be applied only to newly awarded missions of the same mission type or to quarterly buys of the same mission type.

2.6.1.1.1. Contractor-controllable delays exceeding 4 hours will be counted as one (1) delay. Contractor controllable delays extending from 61 minutes up to 4 hours will be counted as one-half (0.5) delay. A contractor-controllable delay of one hour or less will not be counted in the schedule reliability rate.

2.6.1.1.2. Contractor’s schedule reliability rate will be calculated to the nearest whole number. Less than

.5 will round down and .5 or more will round up. For example, a carrier has 18 contractor-controllable delays for the three-month period. Total missions operated are 349. Reliability rate is calculated as 331 divided by 349 = .948 or 95%.

2.6.1.2 The schedule reliability rate, which is based on the combination of total worldwide arrivals, may be measured and enforced in two ways and each contractor performing hereunder is obligated to meet the standard in each of those ways. First, the requirement applies to all services performed under this contract by any one contractor whether or not the contractor is performing as a member of a contractor Team Arrangement (TA).

Second, in the event of a contractor TA, the reliability requirement applies also to the aggregate performance under the contract by all members of the contractor TA. (Each member of the contractor TA bears joint and several liability for failure of either the contractor TA in the aggregate, or its individual contractor members performing hereunder, to meet the schedule arrangement in the aggregate, or its individual contractor members performing hereunder, to meet the schedule reliability requirement.)

Page 20 of 41 Attachment 1

2.6.1.3 A delay shall be deemed to have occurred at the mission’s final arrival/offload destination station of either the originating or turnaround mission if the contractor’s aircraft arrives at the blocks more than one (1) hour after the scheduled arrival time. The scheduled arrival time shall be as established IAW Section 4, paragraph 4.21, Mission Positioning – Peacetime and pursuant to the paragraph entitled “SCHEDULES,” located in Section F, and published in the Operations Bulletin as amended by scheduling messages. The scheduled arrival time at the turnaround mission’s final arrival/offload destination station shall be subject to revision as hereinafter provided.

2.6.1.3.1 The contractor-uncontrollable delay time experienced at the originating and enroute stations on a mission shall be added to the scheduled final arrival/offload destination station for purposes of determining the scheduled arrival time at the turnaround mission’s final arrival/offload destination station on that mission.

2.6.1.3.2 Additionally, if missions are scheduled back-to-back with an aircraft that experienced a contractor-uncontrollable delay, this uncontrollable delay time shall be added to the scheduled arrival time of the next subsequent AMC mission (whether one-way or round-trip) with the resultant delay(s) charged as contractor uncontrollable. This applies only to the next o/w or r/t departure and will give the contractor sufficient recovery time to return to schedule or obtain substitute service for his follow-on missions.

2.6.1.3.3 However, the contractor-uncontrollable delay time experienced on a previous mission shall not be added to the scheduled departure time at the originating station for any additional subsequent missions. This will also mean the contractor-uncontrollable delay time experienced on a previous mission shall not be added to the scheduled arrival time of the subsequent AMC mission with the resultant delay charged as contractor-uncontrollable.

In this instance, the contractor is required to originate and arrive at final destination for his next mission (meaning third and all subsequent missions), on schedule, with his own aircraft or substitute service.

2.6.1.4 On SAAM, Exercise, and Contingency missions, when a sequential mission within the same Exercise, Contingency or SAAM group is scheduled using one aircraft, and a contractor-controllable delay occurs that causes the subsequent mission to be delayed, the delay to the subsequent mission that is the sole and direct consequence of the earlier delay will not be charged to the contractor’s total controllable delays. This only applies to the first sequential mission. The contractor is required to originate all further missions with that aircraft on schedule, with his own aircraft or substitute service. The determination of whether a delay to a subsequent mission is the sole and direct consequence of delay to an earlier mission will be made by the CO. All passenger care requirements for contractor-controllable delays as required in paragraph 1.1.5. Passenger Care During Delays through 1.1.6.2.

Passenger Care During Uncontrollable Diversions shall apply to all affected missions.

2.6.1.5 When a contractor-controllable delay occurs that can be reduced in duration by rescheduling aircraft assigned to other missions (reflow), with consequent delay to the other mission(s), the CO may approve such reflow and charge only the original delay to the contractor’s total controllable delays, if the CO determines that the Government will benefit from the reflow. All passenger care requirements for contractor-controllable delays as required in paragraph 1.1.5. Passenger Care During Delays through 1.1.6.2. Passenger Care During Uncontrollable Diversions, shall apply to all affected missions.

2.6.1.6 Carrier Performance – Passenger Missions: The contractor, and in the case of a contractor TA, each carrier operating passenger missions shall maintain an 87% (percent) passenger schedule reliability rate as the minimum acceptable standard of performance, based on 60 or more passenger missions during a three-month period, in which a round trip equals two missions. Where volume is less than 60 missions, reliability will be reviewed on a case-by-case basis. Failure to maintain an 87% schedule reliability rate for a three-month period will be reason for termination, pursuant to the Contract Clause entitled "Default,” located in Section I. However, nothing in this paragraph shall limit the right of the Government to terminate this contract for other reasons or to limit any other rights and remedies provided the Government by law or under this contract.

2.6.1.6.1. If a carrier’s schedule reliability rate falls below an average of 95%, to a range of 92% to 94% for a three-month period, the Government will, pursuant to this Section, reduce the standard ACL payment for the aircraft type by 1% on all newly awarded passenger missions during the 30-day period commencing on the 20th of the month following the three-month period on which the reliability was computed, until the 20th of the next month.

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2.6.1.6.2 If a carrier’s schedule reliability rate falls below an average of 95%, to a range of 90% to 91% for a three-month period, the Government will, pursuant to this Section, reduce the standard ACL payment for the aircraft type by 2% on all newly awarded passenger missions during the 30-day period commencing on the 20th of the month following the three-month period on which the reliability was computed, until the 20th of the next month.

2.6.1.6.3. If a carrier’s schedule reliability rate falls below an average of 95%, to a range of 87% to 89% for a three-month period, the Government's first course of action, pursuant to this Section, will be to not order passenger expansion transportation services for a minimum of 30 days. The 30-day period shall commence on the 20th of the month following the three-month period on which the reliability was computed, until the 20th of the next month. If passenger missions are awarded during that period, the Government will reduce the standard ACL payment for the aircraft type by 2% on all missions the contractor is asked to schedule during the 30-day period.

2.6.1.6.4. For example, poor reliability computed on January through March missions operated with a 400 seat B-747 will result in a reduced pay ACL of 396 seats at a 1% reduction or 392 seats at a 2% reduction on missions which the contractor is asked to schedule from 20 April until 20 May, regardless of when AMC actually accepts the schedule. For quarterly buys, the government will allow carrier’s who have not met the 95% passenger reliability rate to be awarded their full entitlement for the three-month quarterly buy. However, if the carrier is asked to schedule these awards during a 30-day time period when the carrier is subject to a 1% or 2% reduction, that reduction will apply to the first month’s missions. As long as the carrier achieves 95% reliability rate during the following period, no further reductions will be taken. However, if the carrier’s reliability remains under 95% for the following 30-day period, the requisite reduction will be applied to missions operating in the second month of the quarterly buy. For example, the quarterly buy is solicited and offers are due on February 23. For the time period, 20 February through 20 March, Carrier A has not achieved a 95% reliability rate for the previous 3 months. Missions operated during the first month of the quarterly buy (April) are subject to a 1% or 2% reduction. Provided the carrier’s reliability reaches 95% during the next reporting period and it is not subject to further reductions from 20 Mar to 20 Apr, no further reductions are taken. However, if the carrier’s reliability still does not meet 95% for the period 20 Mar – 20 Apr, a reduction, 1% or 2%, will be applied tomissions operating during the second month of the quarterly buy (ie: May). This process would continue for all three months of the quarterly buy.

2.6.1.7. Carrier Performance – Cargo Missions: The contractor, and in the case of a contractor TA, each carrier operating cargo missions shall maintain an 84% (percent) cargo schedule reliability rate as the minimum acceptable standard of performance, based on 40 or more cargo missions during a three-month period, in which a round trip equals two missions. Where volume is less than 40 missions, reliability will be reviewed on a case-by-case basis.

Failure to maintain an 84% schedule reliability rate for a three-month period will be reason for termination pursuant to the Contract Clause entitled "Default," located in Section I. However, nothing in this paragraph shall limit the right of the Government to terminate this contract for other reasons or to limit any other rights and remedies provided the Government by law or under this contract.

2.6.1.7.1. If a carrier’s schedule reliability rate falls below an average of 92%, to a range of 89% to 91% for a three-month period, the Government will, pursuant to this Section, reduce the standard ACL payment for the aircraft type by 1% on all newly awarded cargo missions during the 30-day period commencing on the 20th of the month following the three-month period on which the reliability was computed, until the 20th of the next month.

2.6.1.7.2. If a carrier’s schedule reliability rate falls below an average of 92%, to a range of 87% to 88% for a three-month period, the Government will, pursuant to this Section, reduce the standard ACL payment for the aircraft type by 2% on all newly awarded cargo missions during the 30-day period commencing on the 20th of the month following the three-month period on which the reliability was computed, until the 20th of the next month.

2.6.1.7.3. If a carrier’s schedule reliability rate falls below an average of 92% to a range of 84% to 86% for a three-month period, the Government's first course of action, pursuant to this Section, will be to not order cargo expansion transportation services for a minimum of 30 days. The 30-day period shall commence on the 20th of the month following the three-month period on which the reliability was computed, until the 20th of the next month. If cargo missions are awarded during that period, the Government will reduce the standard ACL payment for the aircraft type by 2% on all missions the contractor is asked to schedule during the 30-day period.

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2.6.1.7.4. For example, poor reliability computed on January through March missions operated with a 90 Ton B-747 will result in a reduced pay ACL of 0.9 Tons at a 1% reduction or 1.8 Tons at a 2% reduction on missions which the contractor is asked to schedule from 20 April until 20 May, regardless of when AMC actually accepts the schedule. For quarterly buys, the government will allow carrier’s who have not met the 92% cargo reliability rate to be awarded their full entitlement for the three-month quarterly buy. However, if the carrier is asked to schedule these awards during a 30-day time period when the carrier is subject to a 1% or 2% reduction, that reduction will apply to the first month’s missions. As long as the carrier achieves 92% reliability rate during the following period, no further reductions will be taken. However, if the carrier’s reliability remains under 92% for the following 30-day period, the requisite reduction will be applied to missions operating in the second month of the quarterly buy. For example, the quarterly buy is solicited and offers are due on February 23. For the time period, 20 February through 20 March, Carrier A has not achieved a 92% reliability rate for the previous 3 months. Missions operated during the first month of the quarterly buy (April) are subject to a 1% or 2% reduction. Provided the carrier’s reliability reaches 92% during the next reporting period and it is not subject to further reductions from 20 Mar to 20 Apr, no further reductions are taken. However, if the carrier’s reliability still does not meet 92% for the period 20 Mar – 20 Apr, a 1% or 2% deduction will be applied to missions operating during the second month of the quarterly buy (i.e., May). This process would continue for all three months of the quarterly buy.

2.6.2 DISCREPANCY PERFORMANCE RATE

2.6.2.1 Passenger, Cargo and General Operations discrepancies are divided into three categories: Critical, Major and Minor. The following criteria applies to each category: One (1) critical discrepancy equals two (2) violations;

one (1) major discrepancy equals one (1) violation; and three (3) minor discrepancies equal one (1) violation.

2.6.2.2 A contractor’s discrepancy performance rate will be computed on a monthly basis to determine the level of contract violations. This rate is computed by dividing the total number of mission segments performed during the period into the total number of discrepancies for that period. Mission segment inspections will be performed at stations in the routing, including origination, turnaround and enroute, where COR or a CA can inspect the aircraft.

The discrepancy performance rate will be computed as soon as possible after USTRANSCOM/TCAQ-C receives the monthly discrepancy reports.

2.6.2.3 A discrepancy will be established whenever the contractor’s aircraft or service is in violation of the items outlined in this SDS. During an inspection, each type of discrepancy will be counted only once (i.e. all seats not in correct seat pitch will be one critical discrepancy; multiple bags not delivered within baggage off-load times will be one major discrepancy). The overall performance threshold for all discrepancies is an average of 95% for a consecutive three-month period with a total of 30 or more departures from originating and turnaround stations.

Where volume is less than 30 departures, discrepancies will be reviewed on a case-by-case basis. Failure to maintain a performance threshold of 95% or more may be reason for termination, pursuant to the clause entitled “Default”, located in Section I. Nothing in this paragraph shall limit the right of the Government to terminate this contract for other reasons or to limit any other rights and remedies provided the Government by law or under this contract.

2.6.2.4 If a contractor’s performance threshold falls below 95% for a three-month period, the Government may elect not to order expansion airlift for a minimum of 30 days. The 30-day period shall commence on the 20th of the month following the three-month period on which the discrepancy rate was computed until the 20th of the next month. If missions are awarded to the contractor, the Government will negotiate a reduction in the ACL paid on all missions the contractor is asked to schedule during the 30-day period. The typical reduction negotiated for a poor discrepancy rate is 2% of the standard ACL for the aircraft type.

2.6.3 INSPECTION PROCEDURES

Inspections will be accomplished in accordance with (IAW) table 2.0 through 2.5 above and the Quality Assurance Surveillance Plan (QASP) (Attachment 9).

Attachment 1

SECTION 4

GENERAL INFORMATION

4.0. GENERAL OPERATIONS: Throughout the life of the contract, including any extension described elsewhere in the contract, the contractor shall participate in the CRAF program and maintain a minimum commitment of 30 percent of its CRAF capable passenger fleet and 15 percent of its CRAF capable cargo fleet in wide body equivalents. Contractors operating both cargo and passenger aircraft shall maintain the minimum commitment for each fleet type.

4.0.1. SUPERVISORY CONTRACTOR REPRESENTATIVE (SCR): Contractor shall provide a SCR for concurrent servicing. Refer to paragraph 3.5. Concurrent Servicing.

4.1. CONTROL OF AIRCRAFT: The contractor shall maintain control over the aircraft listed in Appendix 3A to the extent necessary to assure the contractor’s ability to meet its guarantee under CRAF. At any time during the contract period and upon demand of the CO, the contractor shall furnish evidence that demonstrates required control of the aircraft. The contractor shall not part with control of any aircraft accepted by USTRANSCOM and listed in Appendix 3A unless the loss is beyond the control of the contractor (such as aircraft accident), or the CO, at his option, has agreed to the substitution of other acceptable aircraft and has accomplished such substitution by contract modification. If an accident results in the loss of an aircraft, and no substitute will be provided, the contractor shall notify the CO in writing within 24 hours and shall provide the information required in Appendix 3, paragraph 3. The parties agree that failure of the contractor to maintain control of any aircraft listed in Appendix 3A, unless loss of the control is beyond the control of the contractor (such as aircraft accident) or approved by the CO, will constitute failure to have a currently existing capability to perform services called for and will justify termination of this contract under the clause entitled "Federal Acquisition Regulation (FAR) 52.249-8, Default (Fixed-Price Supply and Service) Alternate I." In lieu of default, the Government may, at its option by unilateral contract modification, reduce its purchase of airlift services for passengers or cargo, or both, during the remaining period of the contract by an amount equal to the award share for the remaining period of the contract attributable, under the formula used to determine the original contract award entitlement, to the aircraft removed from the USTRANSCOM contract creditable mobilization base and deleted from Appendix 3A.

4.1.1. EXAMPLES OF FAILURE TO MAINTAIN CONTROL: Examples of failure to maintain control within the intent of this paragraph are as follows:

(1) failure to retain US registry;

(2) leasing of aircraft to unapproved foreign contractors;

(3) dry leasing of aircraft to US airlines or aircraft operators not possessing a temporary or permanent certificate issued by the DOT; or

(4) removal of aircraft from active utilization (in storage, out of service, or parked) and not flyable for reasons other than maintenance, repair, and overhaul (MRO) or modification. Aircraft temporarily removed from active utilization that are mission capable within 24 hours are considered to meet the control requirements of this contract.; however, under no circumstances, including aircraft out for MRO or modification, will the allowable planned or actual duration exceed 90 days. The carrier is responsible to notify the CO immediately when an aircraft is placed in storage, and reaches a status such that it cannot be returned to mission capable status within 24 hours, or when an aircraft is projected to be, or, has been taken out of service for MRO or modification, exceeding 90 days.

4.1.1.1 REQUIREMENT TO MAINTAIN CONFIGURATION CONTROL: Contractor must also maintain configuration control in such a manner as to meet capabilities reflected, validated and submitted on Forms 82 and 83.

Aircraft whose configuration is temporarily changed from that submitted on the Forms 82 and 83 and are mission capable in the offered configuration within 24 hours are considered to meet the configuration control requirements of this contract.

4.2. SECURITY: While on military installations or on military portions of commercial facilities, contractor and subcontractor personnel shall comply with security regulations promulgated by the military installation or activity Commander. Security regulations are directive in nature and shall be adhered to by all contractor and subcontractor personnel.

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4.2.1. REGULAR AND FREQUENT ENTRY INTO RESTRICTED AREAS: Where regular and frequent entry into restricted areas at a military installation is required by contractor or subcontractor personnel for ground handling of aircraft, the contractor or subcontractor personnel must meet the requirements established by AFI 31-101, Chapter 7, paragraph 7.2., AFI 31-401, and DD Form 254. Applications for personnel security eligibility determinations shall be made from the contractor to the Defense Industrial Security Clearance Office (DISCO).

4.2.2. FACILITY SECURITY CLEARANCE: Prior to contract award the contractor will be processed for a facility clearance (FCL) at the appropriate level and must meet eligibility requirements for access and safeguarding of classified information and or equipment. The contractor will not be afforded access to classified information until the FCL (interim or active) has been granted.

4.2.3. PERSONNEL SECURITY CLEARANCE: An employee may be processed for a personal clearance (PCL) when the contractor determines that access is essential in the performance of tasks or services related to the fulfillment of the awarded contract. The contractor shall limit requests for PCLs to a minimal number of employees necessary for operational efficiency, consistent with contractual obligations and other requirements of the NISPOM.

4.2.3.1. NON-AIRCREW SECURITY CLEARANCES: Personnel designated by the contractor to perform duties specified as follows must possess a SECRET security clearance.

Overall CRAF planning.

Liaison and communications supervisory duty at either HQ AMC or its alternate.

Mobilization Representative (MOBREP)/Technical Advisory Group (TAG) attendees.

All flight operations dispatchers involved in CRAF missions.

4.2.4. OPERATIONS SECURITY (OPSEC): The contractor shall be responsible for OPSEC procedures when operating missions for the DOD to include safeguarding critical information. Contractors must ensure employees receive OPSEC training upon initial assignment to a contract with OPSEC requirements. Information such as flight schedules, hotels where crews are staying, passengers/cargo, return trips, and other facts about the international mission shall be kept close hold and only communicated to persons who have a need to know this information. Flight crews should be aware of persons who are seeking information about the contractor, flights, etc. They should seek to maintain a low profile while operating DOD missions. If the contractor has questions about OPSEC they can be addressed either to the ACO in USTRANSCOM/TCAQ-C or with personnel in the CRAF Program Management Office at AMC/A3BC.

4.2.5. CONTRACTOR COMPANY PERSONNEL AND COMPANY FACILITY SECURITY OFFICE (FSO):

The contractor will appoint a person as the company FSO. The contractor must establish appropriate safeguards to assure that the individuals who are not cleared do not gain access to classified information and material, and Government furnished Secure Voice Equipment. Responsibility for security of classified information, material and Secure Voice Equipment rests with each individual who is authorized access. The FSO will provide an annual inventory of all government furnished equipment (GFE) by 31 January or at the request of AMC/A3BC. The Secure Voice Equipment inventory (i.e., KSV-21 card) will be documented and signed by the FSO using the Standard Form 153, COMSEC Material Report which will be provided by the Secure Voice Responsibility Officer at AMC/A3BC. (See sample at Appendix 3F).

Other GFE will be inventoried on the CRAF Office Form 1297, Government Furnished Equipment, and signed by the FSO. (See sample at Appendix 3G). The company FSO shall maintain a current list of cleared personnel and flight deck aircrew personnel who may have access to mission essential information during activation. This list shall be made available for verification during on-site surveys by DOD personnel who have a need to know, and will be provided to HQ AMC/A3BC when requested.

4.2.6. AUTHENTICATION MATERIALS: Flight deck crewmembers may require certain authentication documents in order to perform missions while CRAF is activated. When appropriate, authentication materials and identification friend or foe (IFF)/selective identification feature (SIF) operating instructions shall be made available to flight deck crewmembers at military Base Operations and Route Briefing sections provided they present proper identification. Initial issue of these documents shall be as required to cover elapsed time from departure station to destination and return, or to the first enroute station having the capability to provide additional distribution.

4.2.7. AIRCRAFT PHYSICAL SECURITY: Contractor aircraft at military installations will receive the same degree of physical security as provided military aircraft in like status. Ingress and egress procedures to and through control points and restricted or controlled areas shall be established to permit crewmembers access to their aircraft.

4.2.7.1. AIRCRAFT SECURITY: The contractor shall establish a program to prevent unlawful seizure of aircraft.

4.2.7.1.1. OTHER THAN ACTIVATION MISSIONS: At airports, bases, and air terminals where there is an AMC presence or where US forces are present and responsible for deployment or redeployment of forces, the military will be responsible for security processing of passengers for on- or off-load. At enroute or operational stops and at locations where there is no AMC or military presence, security processing of passengers shall be the responsibility of the contractor. At these locations, the contractor shall satisfy the requirements of the Transportation Security Administration (TSA) security program for charter operations in commercial service.

4.2.7.1.2. ACTIVATION MISSIONS: During CRAF activation, the contractor shall arrange security for active CRAF missions at non-USAF/DOD controlled locations. At a minimum, this security shall meet the requirement of two armed personnel with immediate response, and two additional armed personnel with a five-minute response.

4.2.7.1.3. “NO SHOW” PASSENGERS: Contractor shall establish procedures for off-load of baggage of gate "No Show" passengers unless that baggage has received customs pre-clearance. Copies of the contractor's program shall be furnished to the ACO upon request.

4.2.7.1.4. PHOENIX RAVEN: There may be certain instances when a PHOENIX RAVEN team will be assigned to a mission based on the mission profile. PHOENIX RAVEN teams operate similar to the Federal Air Marshall (FAM) program in their role as anti-hijack personnel and may be called upon for security of the aircraft during ground time in some instances. If a PHOENIX RAVEN team is required, the team leader will make contact with the aircraft pilot-in-command to coordinate their specific duties as well as providing a crew briefing prior to mission execution. PHOENIX RAVENs will identify themselves through presentation of their military orders in conjunction with military ID card and AMC Form 1031.

4.2.7.2. AIRCRAFT IDENTIFICATION: Aircraft shall have the name of the operating contractor on both sides of the fuselage commensurate with industry practice. Any name other than the operating contractor must be approved by the CO prior to departure.

4.2.8. CLASSIFIED CORRESPONDENCE: Classified material will be forwarded to contractors via secure phone, secure fax, or registered mail, return receipt. The method selected will be based on the content of materials and any associated time constraints.