HTC711-11-R-C002-0001.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

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HTC711-11-R-C002

01/Jul/2011

X

Joshua M. Green (618) 220-6712

HTC711

22/Jul/20110001

X

USTRANSCOM/TCAQ-CP

508 Scott Drive Scott AFB, IL 62225-5357

See Schedule

X

Page ____ of __________

a. The purpose of this amendment is as stipulated below. Changes are identified by a vertical line in the right hand margin:

(1) Update CLINs 0094 through 0102 and add CLINs 0112 through 0120 (sent separately).

(2) Update paragraph E-2a.

(3) Update the reference to the Civil Aircraft Landing permits paragraph in the solicitation.

(4) Update the paragraph H-18.

(5) Update the Reliability Award calculation in paragraph H-25d.

(6) Add Iraq clauses to Section H (paragraphs H-32, H-33 and H-34).

(7) Update paragraph I-30.

(8) Update paragraph L-7c.

(9) Update paragraph L-7d to clearly identify where carriers will be placed in CRAF.

(10) Update paragraph L-9b(5) to update the suspense for submission of new landing permits and correct the reference to the PWS paragraph referencing landing permits.

(11) Provide answers to questions submitted.

b. As a result of 14a above,

(1) Remove pages B-36 through B-44 and insert the attached pages B-36 through B-44.

(2) Insert pages B-54 through B-62.

(3) Remove page E-2 and replace with the attached page E-2.

(4) Remove page H-2 and replace with the attached page H-2.

(5) Remove page H-4 and replace with the attached page H-4

(6) Remove page H-12 and replace with the attached page H-12.

(7) Remove page H-18 and replace with the attached page H-18.

(5) Remove page H-23 and replace with the attached pages H-23 through H-27.

(6) Remove pages I-26 through I-27 and replace with the attached page I-26 through I-27.

(6) Remove pages L-4 and L-5 and replace with the attached pages L-4 and L-5.

(7) Remove pages 2-9, 12-13, 28-29, 33 and 47-48 of Attachment 1 and replace with the attached pages 2-9, 12-13, 28-29, 33 and 47-48 of Attachment 1.

c. As a result of this amendment, the closing date is extended to 8 August 2011, 4:00 pm.

HTC711-11-R-C002-0001

2 2

SOLICITATION NO: HTC711-11-R-C002-0001

CONTRACT NO:

E-1

PART I - THE SCHEDULE

SECTION E - INSPECTION AND ACCEPTANCE

E-1. The following clauses are incorporated by reference:

FAR

NUMBER CLAUSE TITLE DATE

52.246-4 INSPECTION OF SERVICES--FIXED PRICE AUG 1996

DEFENSE

FAR SUP CLAUSE TITLE DATE

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT MAR 2008

E-2. INSPECTION AND ACCEPTANCE OF SERVICES

a. An authorized Government representative will accomplish government acceptance of services under this contract at the aerial port of debarkation (APOD). The AMC Form 8 shall be completed for each international passenger mission performed under this contract and used to verify services rendered for acceptance. The Global Decision Support System (GDSS) will be used to verify services rendered for all missions.

b. HQ AMC reserves the right to inspect, conduct onsite capability surveys, perform ramp inspections, conduct flight-deck observation flights, and initiate performance evaluations of the Contractor during all phases of this contract. Contractor shall facilitate ramp inspections in accordance with Attachment 11, AMC Supplement 1 to AFI 21-101, Aircraft and Equipment Maintenance Management.

H-2

H-2. EVIDENCE OF INSURANCE – PASSENGER AND PUBLIC LIABILITY

(a) Prior to performance of any services hereunder, the contractor shall provide the Government with appropriate evidence of insurance in accordance with paragraph H-1. (Refer to Performance Work Statement (PWS), Attachment 1, Appendix 3, Paragraph 11.0 entitled “Civil Aircraft Landing Permits” for insurance timeline and updating requirements.) The evidence shall substantially conform to the following paragraph:

______________________________________________________ (Hereinafter called the Insurer) Name of Insurer of ____________________________________________________________________________________ Address of Insurer has issued to _________________________________________________________________________

Name of Insured Policy ____________________________________________, bearing policy number ___________, with respect to the legal liability of the said Insured for aircraft passenger death or bodily injury, aircraft public death or bodily injury (excluding passengers) and aircraft property damage liabilities, effective from ____________ through ____________.

(Signature of Insurer) (Current Date)

(b) The minimum limits of liability insurance coverage maintained by the Insured under the said policy are as follows*:

(1) Liability for bodily injury to or death of aircraft passengers: A limit for any one passenger of at least three hundred thousand dollars ($300,000.00), and a limit for each occurrence in any one aircraft of at least an amount equal to the sum produced by multiplying three hundred thousand dollars ($300,000.00) by the next highest whole number resulting from taking 75 percent of the total number of passenger seats installed in the aircraft.

(2) Liability for bodily injury to or death of persons (excluding passengers): A limit of at least three hundred thousand dollars ($300,000.00) for any one person in any one occurrence, and a limit of at least twenty million dollars ($20,000,000.00) per involved aircraft for each occurrence.

(3) Liability for loss of or damage to property: A limit of at least twenty million dollars ($20,000,000.00) for each occurrence.

(4) The Insurer further agrees that the insurance afforded under this policy covers payment to the Government, pursuant to the subrogation provision of the Medical Care Recovery Act (42 USC 265l-3), of the cost of Government provided medical care to the extent that said insurance would cover payment to injured individuals of the cost of medical care in the absence of any Government obligation to provide medical care.

The terms and conditions of the policy apply throughout the world. The following aircraft are covered by the policy identified above: __________________________________________________ (List aircraft individually or “All aircraft owned and operated by the Insured”)

(c) The parties recognize that the policy may exclude certain liabilities with respect to any DOD operations involving the Civil Reserve Air Fleet (CRAF) subsequent to the effective date of activation of the CRAF. The excluded liabilities will be those where a loss may be incurred during the activation of the CRAF under circumstances such that it cannot be demonstrated that the loss is either attributable to a war risk and therefore reimbursable under FAA Chapter 443, or attributable to cause other than war risk and therefore required to be covered by the Contractor's commercial insurance.

The policy contains the attached endorsement.

By ________________________________________ (Company

H-4 not less than 30 days in advance of such cancellation, direct to the United States Transportation Command, 508 Scott Dr., Scott Air Force Base, Illinois 62225-5357, Attention: TCAQ-CP, and in the event the named Insured requests such cancellation, the Insurer agrees to notify, by registered mail, the above stated activity immediately upon receipt of such request.

e. Anything in the policy to the contrary notwithstanding, the aircraft may be operated by pilots authorized by the named Insured.

f. Violations of regulations prescribed by the Federal Aviation Administration (FAA) shall not prejudice the insurance afforded by this policy.

g. No special waiver issued by the FAA shall affect the insurance afforded hereunder.

h. Any exclusions, conditions or other provisions of this endorsement, which have the effect of restricting or nullifying the coverage already granted by this policy in the absence of this endorsement, shall not apply.

Endorsement to Policy No: ____________________________________________________________

Effective Date: ______________________________________________________________________

Countersigned: _______________________________________________________________________ (Date) Company ___________________________________________

H-3. CONTRACTOR ACQUIRED INSURANCE

a. The Contractor shall procure and maintain during the entire period of performance under this contract the following minimum insurance in addition to the insurance required by paragraph H-1 (Refer to Performance Work Statement (PWS), Attachment 1, Appendix 3, Paragraph 11.0 entitled “Civil Aircraft Landing Permits” for insurance timeline and updating requirements.):

TYPE AMOUNT

Automobile

Bodily Injury Liability $200,000 per person $500,000 per occurrence Property Damage Liability $20,000 per occurrence

Comprehensive General Liability

Bodily Injury Liability $500,000 per occurrence

Workmen's Compensation and Employers Liability

Workman's Comp & Occupational Disease Statutory Employer's Liability $100,000

b. Contractor shall comply with the requirements of contract clause "Insurance - Work on a Government Installation" concerning notice to the Contracting Officer.

H-4. REQUIREMENT FOR INDEMNIFICATION APPROVAL – INTERNATIONAL

Notwithstanding the inclusion of FAR 52.250-1 and the clause entitled Definition of Unusually Hazardous Risk in

H-18

a. circumstances as documented in GDSS and COR reports. Payment of delays of fractions of an hour will be calculated using normal rounding procedures, i.e., 29 minutes or less will be dropped, 30 minutes or more will be rounded to the next whole hour. Payment will be made in accordance with the Rates and Rules.

b. Other costs (i.e. extraordinary insurance cost, excess baggage, government directed care of passengers during non-controllable delays, etc.) may be allowed as reimbursable, if determined appropriate and authorized by the Contracting Officer prior to the contractor incurring the cost. Actual costs shall be submitted to the contracting officer for determination as allocable, allowable and reasonable IAW FAR Part 31.

c. Reliability Award Amount: Contractors that meet or exceed a 98% schedule reliability rate based upon a rolling three-month period will be entitled to a one percent (1%) award amount based on previous month's performance/revenues.

d. Fuel adjustments made under CLIN 0001AB will be submitted and approved in accordance with Attachment 1, Appendix 3, paragraph 13 of Section C, Performance Work Statement (PWS).

e. In the event of a canceled Domestic CRAF scheduled flight after the Contractor’s aircraft has departed to position or has already positioned for a scheduled flight when notice of cancellation is given, the Government will pay the Contractor the positioning/depositioning cost as indicated under CLIN 0001AD.

Certification showing positioning and depositioning distances and locations shall accompany the Contractor’s invoices.

H-26. INSTRUCTIONS FOR NEGOTIATED UNIFORM RATE DEFECTIVE PRICING

RECOUPMENT

The Civil Reserve Air Fleet (CRAF) International contract uniform rate is based on a compilation and weighting of data provided by all carriers receiving at least $700,000 in revenue under the previous CRAF contract. The price paid for missions under the CRAF contract is based on this uniform rate and defective cost or pricing data supplied by one carrier could result in a “Defective Rate” paid to all carriers participating in that particular aircraft classification category (i.e., Passenger - Large Class, Cargo – Medium Class, etc). Therefore, the total decrease in the rate will be assessed to all carriers in that rate category.

A per mile rate adjustment for all affected carriers will be calculated by subtracting the corrected rate from the “Defective Rate”. Overpayments for all carriers will be calculated by multiplying the rate adjustment per ton/seat mile by the average maximum standard payload of the carrier’s aircraft, and then by the number of paid miles. This is accomplished for any payments that were paid utilizing the Defective Rate. This would include payments for paid miles, ferry miles, euro control charges, contingency rates and cancellation charges.

Contractors that have offsetting cost or pricing data impacting the rate adjustment may submit the data for consideration by the contracting officer if the contractor certifies that to the best of the contractor’s knowledge and belief, the contractor is entitled to the offset in the amount requested and the contractor proves that the cost or pricing data was available before the “as of” date specified on its Certificate of Current Cost or Pricing Data, and that data was not submitted before such date. An offset will not be allowed if the understated data were known by the contractor before the “as of” date specified on its Certificate of Current Cost or Pricing Data, or the government proves the facts demonstrate the contract price would not have increased in the amount of the offset even if the available data had been submitted before the “as of” date specified on its Certificate of Current Cost or Pricing Data.

In addition to refunding the overpayment received, the carrier responsible for the defective cost or pricing data shall be liable for interest and penalties on the overpayment amount received in accordance with FAR 52.215-10 (d).

These overpayment amounts shall be subject to interest from the date of overpayment, at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 USC 6621(a)(2), and shall be refunded to the Government by the overpayment recipients within 30 days of the demand for repayment.

SOLICITATION NO: HTC711-11-R-C002

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(1) The total number (prime and subcontractors at all tiers) employees.

(2) The total number (prime and subcontractors at all tiers) of U.S. citizens.

(3) The total number (prime and subcontractors at all tiers) of local nationals (LN).

(4) The total number (prime and subcontractors at all tiers) of third-country nationals (TCN).

(5) Name of province in which the work was performed.

(6) The names of all company employees who enter and update employee data in the Synchronized Predeployment & Operational Tracker (SPOT) IAW DFARS 252.225-7040 or DFARS DOD class deviation 2007-O0010.

H-32. JCC-I/A CLAUSE 952.225-0017 CONTRACTOR DEMOBILIZATION (IRAQ) (JUNE 2011)

(a) Full demobilization of contractors and subcontractor(s) in the Iraq Combined Joint Operations Area (CJOA) is critical to Responsible Drawdown. The prime contractor is required to submit a demobilization plan to the Contracting Officer a minimum of 120 days prior to the end of the contract performance period or when requested by the Contracting Officer. The demobilization plan shall address, as a minimum, the following procedures detailed below. The procedures outline specific guidance to ensure a timely and responsible exit from theater. Prime contractors are responsible and accountable to ensure their subcontractor(s) at all tiers comply with responsible and timely exit from theater immediately following contract performance completion or termination.

(1) Exit from Iraq: The prime contractor shall follow the exit guidance issued by the United States (U.S.)

Embassy Baghdad and shall ensure subcontractor(s) at all tiers also follow the exit procedures. The prime contractor is responsible to remain cognizant of Iraqi laws regarding exit from Iraq. Currently, all foreigners traveling out of Iraqi airports via commercial air transportation must have exit visas. Department of Defense, U.S.

Forces-Iraq, Letters of Authorization (LOAs), and/or Embassy Badges are no longer the accepted means of exiting Iraq. All U.S. citizens and foreign national contractors must obtain an Iraqi exit sticker before departing the country.

The exit sticker may be obtained from selected police stations or Ministry of Interior (MOI) offices. It is the prime contractor’s responsibility to ensure that the most recent exit procedures are followed and to ensure that subcontractor(s) at all tiers are in compliance with exit procedures. Assistance for this procedure may be obtained by e-mailing baghdadregmgt@state.gov or phone 240-553-0581, ext 2782 or ext 2092.

(2) Letter of Authorization (LOA): The prime contractor is responsible for demobilizing its workforce, including subcontractor employees at all tiers, and all contractor owned and subcontractor owned equipment out of theater as part of the prime contractor’s exit strategy. This exit strategy must include reasonable timeframes starting with the end of the contract performance period and not exceeding 30 days. The Contracting Officer has the authority to extend selected LOAs up to, but not exceeding 30 calendar days after the contract completion date to allow the prime contractor to complete demobilization of its workforce and contractor owned equipment, as well as subcontractor(s) workforce and owned equipment, out of the Iraq CJOA. The prime contractor shall notify the Contracting Officer a minimum of 30 days prior to the end of the contract period to request up to a 30-day extension of selected LOAs beyond the contract completion date to complete demobilization. The request shall include at a minimum:

(i) the name of each individual requiring a new LOA;

(ii) the number of days for the LOA (no more than 30 calendar days); and

(iii) justification for the request (e.g., what function the individual(s) will be performing during the demobilization period).

The Contracting Officer may request additional information for an LOA extension. Any LOA extension granted beyond the contract completion date shall not exceed 30 days and the contractor is not entitled to additional compensation for this period. If approved by the contracting officer, this is a no cost extension of an employee’s LOA due to demobilization and in no way is an extension of the contract performance period.

(3) Badging: The prime contractor is responsible to ensure all employee badges, including subcontractor employees at all tiers, are returned to the local Access Control Badging Office for de-activation and destruction.

The prime contractor shall submit a Badge Termination Report to ensure each record is flagged and the badge is revoked. If a prime and/or subcontractor employee’s badge is not returned, the prime contractor shall submit a Lost, Stolen or Unrecovered Badge Report to the appropriate Access Control Badging Office. Contractor employees in possession of a Common Access Card (CAC) shall be responsible for turning in the CAC upon re-deployment

H-24 through a CONUS Replacement Center in the U.S. Failure to return employee badges in a timely manner may result in delay of final payment.

(4) Contractor Controlled Facility Space: If the prime contractor has entered into a Memorandum of Understanding with the Installation Mayor or Garrison for site space, buildings, facilities, and/or Containerized Housing Units (CHU) to house prime and/or subcontractor employees (at all tiers), the prime contractor is responsible to notify the Installation Mayor or Garrison Commander of intent to vacate at least 90 calendar days prior to the end of the contract performance period. All United States Government (USG) provided property in the prime contractor’s possession must be returned to the USG in satisfactory condition. The prime contractor is responsible and liable for any and all damages to USG property caused by prime and/or subcontractor employees, and shall be further liable for all cleanup, clearing, and/or environmental remediation expenses incurred by the USG in returning prime contractor and/or subcontractor facilities including surrounding site to a satisfactory condition, including expenses incurred in physically moving property, trash, and refuse from such premises, removing/remediating hazardous wastes on the premises, and repairing structures, buildings, and facilities used by the prime contractor and/or subcontractor. The prime contractor shall provide notification to the Installation Mayor or Garrison Commander to perform an inspection of all facilities as soon as practicable, but no more than 30 days, after the end of the contract period. If damages are discovered, the prime contractor shall make the necessary repairs. The prime contractor shall notify the Installation Mayor or Garrison Commander for re-inspection of the facilities upon completion of the repairs. If the Installation Mayor or Garrison Commander inspects the property, site space, buildings, facilities, and/or CHUs and finds they have not been properly cleaned, cleared, and/or environmentally remediated, or if the prime contractor fails to repair any damages within 30 calendar days after the end of the contract performance period, the final contract payment shall be reduced by the amount of the specified damages/repairs or the expenses incurred by the USG to properly clean, clear, and/or environmentally remediate the premises.

(5) Government Furnished Equipment/Materials: The prime contractor is responsible to return all USG furnished equipment, as defined in Federal Acquisition Regulation (FAR) Part 45, clause 52.245-1, if included in the contract. Prime contractors who are not in compliance with the FAR, Defense Federal Acquisition Regulation Supplement, Department of Defense Directives and Instructions, United States Forces-Iraq (USF-I) FRAGOs, policies, or procedures will be responsible and liable for damages to the government property. The prime contractor may apply for a “relief of responsibility” from the Contracting Officer anytime during the contract performance period. A joint inventory shall be conducted of the equipment by the prime contractor, USG representative, and the Contracting Officer or their representative, within 10 calendar days after the end of the contract performance period.

The prime contractor shall report lost, damaged or destroyed property immediately to the Contracting Officer, but no later than the joint inventory at the end of the contract period. If the prime contractor fails to report lost, damaged or destroyed equipment or materials during the contract performance period, the prime contractor shall be responsible for the replacement and/or repair of the equipment or materials. The replaced equipment shall be new, of the same quality, and shall perform at the same functional level as the missing piece of equipment. If the prime contractor fails to repair and/or replace damaged or missing equipment, the final payment shall be reduced by the appropriate amount of the specified damages or cost to replace missing equipment with new.

(6) Contractor Personal Property: The contractor is advised that all personal property left on the respective installation after the date of departure of said premises, shall be sold or otherwise disposed of in accordance with 10 U.S.C. § 2575.

(i) A request for the return of the property will be honored, if feasible, and if received before the expiration of the period of time allowed to vacate the installation.

(ii) If abandoned property is left on the respective installation, contractual remedies may be enforced against the contractor, (See paragraph (b) of this clause for potential contractual remedies). Additionally, even if the contractor waives its interest to all abandoned personal property, the contractor may still be liable for all costs incurred by the USG to remove or dispose of the abandoned property.

(iii) The contractor hereby authorizes the USG authority to dispose of any and all abandoned personal property in any manner the USG may deem suitable and hereby releases and discharges the USG and its agents from any and all claims and demands whatsoever that could otherwise be asserted because of the disposition of said abandoned personal property.

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(7) Synchronized Pre-deployment Operational Tracker (SPOT): The prime contractor is responsible to close out the deployment of personnel, including subcontractor employees at all tiers, at the end of the person’s employment or at the end of the contract completion period and to release the personnel from the prime contractor’s company information as loaded in the SPOT database. The release of employee information must be accomplished no more than 30 calendar days after the termination of their employment or the end of the contract completion date, whichever occurs sooner.

(8) Accountability of Prime and Subcontractor Personnel: Whether specifically written into the contract or not, it is the expectation of the USG that for any persons brought into the Iraq CJOA for the sole purposes of performing work on USG contracts, contract employers will return employees to their point of origin/home country once the contract is completed or their employment is terminated for any reason. On a case-by-case basis, contracting officers may approve a contract employee’s request to transfer from an existing contract (as a USG prime or working as a subcontractor on an USG contract) to another USG prime contractor a USG subcontractor. In the instance of an employee leaving their current contract to be employed under another USG contract (either as a prime or subcontractor employee), the contractor losing the employee must terminate the LOA immediately, confiscate all badging, and notify MOI of the change in visa status within 24 hours of the employees termination. The receiving contractor is fully responsible for ensuring the employee has the appropriate passport and visas, badging, DD Form 93 Record of Emergency Data, and LOA in place in order for the new employee to begin work. If the prime contractor fails to re-deploy an employee (or subcontractor employee) at any tier, or fails to confiscate badging, terminate an LOA, or visa after an employee departs to another employer, the USG shall notify the applicable U.S.

Embassy to take appropriate action. If the employee has sought employment under another contract, the gaining employer will be responsible for repatriation upon termination. Failure by the prime contractor to re-deploy its’ personnel, including subcontractor personnel at any tier, at the end of the contract completion date, could result in the contractor being placed on the Excluded Parties List System (EPLS) and not be allowed to propose on future USG contracts anywhere in the world.

(9) Personnel Recovery: Any DoD contractor with unaccounted for employees shall follow the instructions in the “Contractor Accountability and Personnel Recovery” Clause 952.225-18. The contractor may use the Contracting Fusion Cell as a resource to track or research employees last known location and/or to view LOA’s.

(b) CENTCOM - Joint Theater Support Contracting Command (C-JTSCC) and external agencies will utilize all available contracting remedies to guarantee compliance with demobilization requirements. Such actions include, but are not limited to withholding payment, issuing a cure notice, issuing a negative Contractor Performance Assessment Reporting System (CPARS) evaluation, reduction of award fee, debarment, reimbursement of USG expenses, and/or any other legal remedy available to a contracting officer. The USG reserves the right to withhold payment from the prime contractor not in compliance with the above procedures included herein. Additionally, the Contracting Officer shall document all unresolved contractor compliance issues in CPARS, which shall have an adverse past performance affect on future contracts with the USG, anywhere in the world.

H-33. JCC-I/A CLAUSE 952.225-0018 CONTRACTOR ACCOUNTABILITY AND PERSONNEL

RECOVERY (IRAQ)(June 2011)

(a) Contract performance may require work in dangerous or austere conditions. Except as otherwise provided in the contract, the contractor accepts the risks associated with required contract performance in such operations.

(1) Unaccounted Personnel: It is the expectation of the USG that any contractor brought into Iraq for the sole purposes of performance of work on a USG contract must be accounted for at all times by their respective employers. Additionally, contractors who maintain living quarters on a USG base shall verify the location of each of its employees’ living quarters a minimum of once a month. If a DoD contracted employee becomes missing and evidence does not indicate foul play, a Personnel Recovery (PR) event is NOT automatically triggered. Such an event will be treated as an accountability battle drill by the employer’s chain of command or civilian equivalent.

(2) Contractor Responsibilities: The contractor is responsible to take all necessary steps to locate and investigate the unaccounted for employee(s) whereabouts to the maximum extent practicable. To assist in this process, contractors may use the Contracting Fusion Cell as a resource to track or research employee’s last known location and/or to view LOA’s. All missing personnel will be immediately reported to the installation division Personnel

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Recovery Officer (PRO), Mayor’s cell, Military Police Station and/or the Criminal Investigative Division, and the Base Defense Operations Center (BDOC).

(3) Contractor Provided Information: If it is determined that a potential criminal act has occurred, the USD PRO (or USF-I Personnel Recovery Division (PRD) with prior coordination) will attempt to validate the missing person’s identity through the employer. The contractor shall provide the information to PRD within 12 hours of request. The required information the contractor should keep on file includes but is not limited to: copy of the individuals Letter of Authorization generated by the Synchronized Pre-deployment and Operational Tracker System (SPOT), copy of passport and visas, housing information of where the individual resides such as room number and location, DD Form 93, Record of Emergency Data, copy of badging, and contact information for known friends or associates.

(b) If USF-I PRD determines through investigation that the unaccounted personnel have voluntarily left the installation either seeking employment with another contractor or other non-mission related reasons, PRD will notify the contractor. The contractor shall ensure that all government-related documents such as LOA’s, visas, etc. are terminated/reconciled appropriately within 24 hours of notification by PRD in accordance with subparagraph (a)(8) of C-JTSCC Clause 952.225-0017 entitled “Contractor Demobilization (Iraq)”. Contractors who fail to account for their personnel or whose employees create PR events will be held in breach of their contract and face all remedies available to the contracting officer.

H-34. JCC-I/A CLAUSE 952.228-0001 WORKERS COMPENSATION INSURANCE (DEFENSE BASE

ACT)(APR 2011)

(a) This special clause supplements FAR Clause 52.228-3 Workers’ Compensation Insurance (Defense Base Act).

(b) The contractor agrees to procure Defense Base Act (DBA) insurance pursuant to the terms of the contract between the U.S. Army Corps of Engineers (USACE) and CNA Insurance unless the contractor has a DBA self-insurance program approved by the Department of Labor. Proof of this self-insurance shall be provided to the Contracting Officer. The contractor shall submit either proof of a valid DBA Insurance policy or acceptance of an application with CNA Insurance for the Prime and their Subcontractors at every tier prior to performance of the contract. The current rates under the USACE, CENTCOM – Joint Theater Support Contracting Command (C- JTSCC) and U.S. Army Contracting Command (408th CSB) contracts are as follows:

Services $ 3.50 per $100 of employee remuneration Construction $ 4.25 per $100 of employee remuneration Aviation $17.00 per $100 of employee remuneration Security $10.00 per $100 of employee remuneration

(c) Labor Category/Job Classification Definitions:

SERVICE: “White-collar” workers providing IT, engineering/consulting services, and restaurant services. Security consultants are included in this category if they are only providing risk assessment services and no form of armed protection.

CONSTRUCTION: “Blue-collar” workers providing services such as carpentry, electrical, plumbing, mechanical, concrete/asphalt, de-mining, roofing, landscaping, janitorial, trash removal, Port-a-John/septic cleaning, pest exterminating, auto repair/dismantling, drivers/couriers, and heavy equipment operation and maintenance.

Construction site supervisors/managers and life support service providers are included in this category as well as all Unskilled and Manual Laborers.

SECURITY: Personal Security Detail (PSD) and Static or Convoy Guarding of property or personnel

AVIATION: Pilot and Crew of any aircraft, excluding ground personnel who provide maintenance or services and stay on the ground

NOTE: More than one rate may be applicable as more than one type of labor may be utilized for a particular contract.

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(d) The contractor agrees to insert a Special Contract Requirement substantially the same as this one in all subcontracts (at every tier) to which DBA is applicable. Every subcontractor shall procure its own DBA insurance coverage directly from CNA Insurance Co.

(e) Should the rates for DBA insurance coverage increase or decrease during the performance of this contract, USACE shall modify the contract accordingly. However, the revised rates will not be applicable until the contractor’s or subcontractor’s DBA Insurance policy is due to be renewed.

(f) CNA’s broker (Rutherfoord) shall provide proof of confirmation of coverage within 3 working days of receipt of a completed insurance application. This confirmation should be used by the contracting officer to issue notice to proceed with performance.

(g) Premiums will be reimbursed only if coverage is purchased through the USACE mandatory requirements DBA contract administered by CNA Insurance and their managing broker, Rutherfoord International.

(h) Claims Reporting. The Contractor shall make timely DBA insurance claims on behalf of each employee who is injured or killed in the course of their employment under this contract, and shall ensure that similar language is in each Subcontractor’s contract. The Contractor shall provide monthly reports to the Contracting Officer, providing the names of each such injured or deceased employee, the circumstances surrounding each injury or death, the dates of each injury or death, the date the insurance claim was made on behalf of each employee and the current status of each claim.

(i) The insurance carrier/broker will conduct periodic audits of actual contractor payroll amounts. When a return is due for over-payment of premium on a specific audit, such returned premium shall be returned to the U.S.

Department of Treasury.

(j) Failure to obtain DBA insurance in accordance with FAR Clause 52.228-3 Workers’ Compensation Insurance (Defense Base Act) and the above requirements, for the prime and all subcontractors at every tier, shall be considered a material breach and could cause this contract to be terminated for default/cause.

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I-28. KSCR 1-7 – MONTHLY CONTRACTOR CENSUS REPORTING (AUG 2010)

Contractor shall provide monthly employee census information to the Contracting Officer, by province, for this contract. Information shall be submitted either electronically or by hard-copy. Information shall be current as of the 25th day of each month and received by the Contracting Officer no later than the first day of the following month.

The following information shall be provided for each province in which work was performed:

(1) The total number (prime and subcontractors at all tiers) employees.

(2) The total number (prime and subcontractors at all tiers) of U.S. citizens.

(3) The total number (prime and subcontractors at all tiers) of local nationals (LN).

(4) The total number (prime and subcontractors at all tiers) of third-country nationals (TCN).

(5) Name of province in which the work was performed.

(6) The names of all company employees who enter and update employee data in the Synchronized Predeployment & Operational Tracker (SPOT) IAW DFARS 252.225-7040 or DFARS DOD class deviation 2007-O0010.

I-29. KSCR 1-9 – SHIPPING INSTRUCTIONS FOR WEAPONS (AUG 2010)

(a) All weapons shall be shipped with a complete serial number manifest that is included with the shipping documents (inventory, bill of lading, etc.).

(b) All individual boxes or crates shall be numbered and correspond to a list annotated on the serial number manifest.

(c) Each individual box or crate shall have a packing list both inside and outside the box. That packing list shall contain a list of the contents and the serial numbers for the weapons in that box or crate.

(d) The contract number shall be listed on all serial number manifests and packing lists. All serial numbers shall be unique and non-recurring in any previous or future shipments. Shipments received with recurring serial numbers will not be accepted by the U.S. Government, and the contractor will be required to return the shipment at his own expense and replace with new weapons having non-recurring serial numbers.

I-30. KSCR 1-11 – GOVERNMENT FURNISHED CONTRACTOR SUPPORT (NOV 2010)

The following is a summary of the type of support the Government will provide the contractor, on an “as-available” basis. In the event of any discrepancy between this summary and the description of services in the Statement of Work, this clause will take precedence.

U.S. Citizens Accompanying the Force

APO/FPO/MPO/Postal Services DFACs(Access Only – Contractors Must Pay For Meals) Authorized Weapon MILAIR MWR Transportation Resuscitative Care Mil Issue Equip Controlled Access Card (CAC)/ID Card Military Banking (Finance/Eagle Cash) Commissary Military Clothing Dependents Authorized Military Exchange Telephone Service Keys to GFE Utilities Technical Training None All

Third-Country National (TCN) Employees

MWR Transportation

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Resuscitative Care Mil Issue Equip Controlled Access Card (CAC)/ID Card Military Banking (Finance/Eagle Cash) Commissary Military Clothing Dependents Authorized Military Exchange

Local National (LN) Employees

MWR Transportation Resuscitative Care Mil Issue Equip Controlled Access Card (CAC)/ID Card Military Banking (Finance/Eagle Cash) Commissary Military Clothing Dependents Authorized Military Exchange

NOTES: Government Furnished Contractor Support, Continued.

(1) Billeting. As a general rule, billeting is not available for contractors in Kuwait. On an exception basis, contractors may be permitted Government Billeting if a critical need by the Government exists and approval is granted by the Base Commander as recommended by the Base Mayor's Cell.

(1) Fuel. There are no government provided fuel services in Kuwait. Contractors must obtain these services from the local community.

(2) Dining facilities (DFAC's) are available and authorized for contractor use. Contractor employees choosing to consume their meals at the DFACs shall be required to pay the established meal rates for all meals consumed.

(3) Medical Services: The USG will furnish emergency medical and rescue services in the case of life threatening injury to Contractor personnel IAW the terms and conditions of the contract.

(4) Contractor use of Army Post Office (APO): In accordance with DoD Postal Manual 4526.6-M, contractors providing goods and services in support of DoD activities may be authorized use of the Military Postal Service. The Contractor is authorized the use of postal services provided by the APO within the ASG-KU AOR for contract-related activities only. This authority extends to the Contractor's U.S. citizen employees and sponsored family members for personal mail usage. Postal support is limited to the country of Kuwait. This authority flows down to subcontractors that are U.S.-owned and controlled companies and support the same mission as the prime contractor.

(5) Trash Removal: The contractor shall obey all Kuwait and U.S. laws regarding secondary containment, environmental training, and proper disposal of HAZMAT, debris, or refuse from the installation. The contractor shall dump waste in a Kuwait Government approved site and comply with Kuwait environmental laws.

I-31. KSCR 1-12 – MILITARY EXTRATERRITORIAL JURISDICTION ACT (AUG 2010)

Military Extra Territorial Jurisdiction Action (MEJA) (18 USC 3261-3267). Per the MEJA Act, following notification of contract award, the Contractor and all subcontractors at any tier shall provide the required notification to all employees. The Contractor shall report compliance with this clause to the Contracting Officer following contract award and upon request. The Contractor shall respond to requests for reports on compliance with this clause in the manner and with such content as is specified by the Contracting Officer at no further cost to the Government.

The contractor, and all subcontractors at any tier, is responsible for providing each employee with the below notification by actions sufficient to ensure all employees have received and understood the notification by actions

L-4

c. Offers for more or less than the total number of trips specified on each Sec B SUBCLIN may be considered.

d. This solicitation also supports the Domestic Services Section of the National Segment of the CRAF. This section of CRAF contract allows US air carriers with limited or no international authority to join the CRAF.

Limited international authority is defined as possessing an Operations Specification Paragraph B050 allowing en route operations limited to no more than the USA (inc. AK and HI), Canada, Mexico, Central America, the Gulf of Mexico, the Caribbean Sea/Islands, and Bermuda. US air carriers that are authorized to conduct operations beyond these limits will be assigned to the International Segment. US air carriers conducting operations solely within in the same geographic area as defined above will also be assigned to the Domestic Services Section of the National Segment of CRAF. Final determination regarding a carrier’s assignment to the International or Domestic segment will be made by HQ AMC/A3BC and is not subject to dispute.

L-8. HAND-CARRIED PROPOSALS

Offerors who wish to hand carry proposals should allow ample time to deliver their proposals to the Contracting Officer (Bldg. 1900W, 1st Floor). All visitors must obtain a pass to enter the base and must be escorted to Building 1900W. Some delays can be anticipated. Any proposal received after the designated time will be processed under FAR provision 52.215-1, Instructions to Offerors—Competitive Acquisitions.

L-9. PROPOSAL PREPARATION REQUIREMENTS

(a) Proposal Content and Format. A complete response to this solicitation shall consist of the items indicated below.

(b) Proposal package shall include the following completed documents as applicable:

(1) Cover Letter. The cover letter shall include the following information:

(i) The solicitation number;

(ii) The name, address, and telephone and facsimile numbers of the offeror (and e-mail address if available);

(iii) Acknowledgement of solicitation amendments (if not previously acknowledged on SF33 or SF30);

(iv) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item. Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation, may be excluded from consideration;

(v) Names, titles, and telephone and facsimile numbers (and e-mail addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and

(vi) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.

(vii) Copy of CCR registration, to include Offerors Cage Code and DUNS Number. Teams shall register in CCR under the team name.

(2) SF 33, Solicitation, Offer, and Award.

(3) Part I - The Schedule, Section B offer.

(4) Notice of use of Mobilization Value Points as applicable in paragraph L-10.

(5) Insurance Endorsement in accordance with paragraphs H-1, H-2 and H-3. Insurance effective date should

L-5 correspond with contract performance periods, where possible. For insurance periods that don’t correspond, note the 7 working day submission requirements for the updated insurance documentation, and the mobilization point entitlement reduction identified at Attachment 1, Appendix 3, paragraph 11 entitled Civil Aircraft Landing Permit.

(6) Part IV – Representations and Certifications, Section K.

(7) Request for indemnification under Public Law 85-804 (See paragraph L-6 and Attachment 7).

(International only).

(8) The offeror shall submit their List of Aircraft (Appendix 3A) in a Microsoft Word document version no earlier than Word 2000 (v.9.0) on a compact disk (CD). In addition to the list of aircraft the following documents are also required:

a. Daily maintenance snapshot showing the current status of the entire fleet (dated within 7 days of submission; and

b. Rolling 3-quarter maintenance plan/forecast covering the quarter of change and the next two future quarters (3 quarters total).

(9) Offerors volunteering additional aircraft above the minimum required as specified in Section M, Para 5(d)(3)(i) to Stage I must identify the additional aircraft in writing on company letterhead and must accompany Appendix 3A.

(10) CRAF Aircraft Basic and Performance Data Sheets (Attachments 8a and 8b) and associated Certified 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.

(i) For even-year (2012, 2014, etc.) solicitations, operators of passenger aircraft will submit complete sets of data sheets/CFPs. Operators of cargo aircraft may submit a statement on company letterhead recertifying the previous year's data if there have been no technical changes to the aircraft performance. New CRAF Aircraft Basic Data Sheet(s) will be attached to the recertification statement to revalidate aircraft inventory and offered tail numbers.

(ii) For odd-year (2013, 2015, etc.) solicitations, operators of cargo aircraft will submit complete sets of data sheets/CFPs. Operators of passenger aircraft may submit a statement on company letterhead recertifying the previous year's data if there have been no technical changes to the aircraft performance. New CRAF Aircraft Basic Data Sheet(s) will be attached to the recertification statement to revalidate aircraft inventory and offered tail numbers.

(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.