HTC711-11-R-R001 Amendment 2.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

ADDENDUM TO FAR 52.212-1

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

I. NOTICE FOR RESTRICTIONS ON CONTACTS

Applicable to the release of this Request for Proposal (RFP), appropriate headquarters and directorate offices have been advised that a source selection action is in progress for passenger air transportation services in support of AFRICOM.

(a) FORMAL COMMUNICATIONS

Formal communications and requests for clarification and/or information concerning this solicitation shall be submitted in writing to the address below:

U.S. Mail

USTRANSCOM/TCAQ-R

ATTN: Brita Dorsey

508 Scott Drive, Bldg 1900 West

Scott AFB, IL 62225-5357

E-mail :

Subject: Solicitation HTC711-11-R-R001

To: brita.dorsey@ustranscom.mil

(1) Request for clarification and/or information concerning the solicitation should be submitted in the following format:

Reference: Section____, Page____, Paragraph____, (or Figure____).

Question:________________________________________________________.

(2) All requests must be made in writing or via e-mail and submitted to the above address. No requests for clarification will be provided in response to offeror-initiated telephone calls. Written inquiries will be answered in writing and provided to all offerors. However, time may not permit requests to be answered if received by the above addressee within 10 calendar days of the due date for offers as specified in this solicitation.

II. PROPOSAL PREPARATION INSTRUCTIONS INFORMATION TO OFFERORS

(1) General Instructions

(1) The Government reserves the right not to award a contract based on the quality and quantity of proposals received. The Government intends to evaluate proposals and award contracts without discussions with Offerors (except clarifications as described in FAR 15.306(a)). Therefore, the Offeror’s initial proposal should contain the Offeror’s best terms from a technical and a price standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

(2) The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the government's requirements but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offeror's proposal.

(3) Timing of IDIQ and initial Task Order Awards. To be eligible to receive an initial contract and subsequent task orders pursuant to this solicitation, offerors will be required to have DOD approval pursuant to HQ AMC Commercial Airlift Division (AMC/A3B) standards, IAW para. 1.1.13 of the PWS, DOD Approval and Additional Standards. However, because this approval is necessary, contract award will be delayed until final DoD approval is received. Therefore, the Government anticipates awards of IDIQ contracts could be staggered over the course of six to seven months after proposal evaluations have been completed. Offerors who are selected for a contract award through the best value process will be contacted by the contracting officer to facilitate the approval process.

(4) Validity Statement: The Offeror’s proposal shall be valid 180 days after the proposal due date.

(5) The offeror shall make a clear statement in the proposal documentation that the proposal is valid until the applicable date as referenced in para (4) above. Past Performance must be received in the designated USTRANSCOM office not later than the date proposals are due.

(6) In accordance with FAR Subpart 4.8 (Government Contract Files), the government will retain one copy of all unsuccessful proposals. Unless the offeror requests otherwise, the government will destroy extra copies of such unsuccessful proposals.

(7) Proposal Submission: Offers shall be submitted via commercial mail service (USPS, UPS, Fed-X, etc.) or hand carried. Please use the addresses stated in paragraph 1.0 above. All offers must be received not later than the proposal due date and time stated in the solicitation

(8) The proposal shall consist of Parts I-IV as detailed below.

(2) Organization/Number of Copies/Page Limits/Markings

(a) Organization:

(i) Part I. 1 original and 1 copy of the Technical Proposal(s).

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

(iii) Part III. 1 original and 1copy of the Fly America Act and Civil Reserve Air Fleet (CRAF) Preferences.

(iv) Part IV. 1 original and 1 copy of the Pricing Proposal

(v) Offerors are required to comply with the following format and content requirements for their proposal.

(1) Solicitation/Contract Form. Offerors shall complete blocks 12, 17a, and 30a, b, and c, of the SF 1449. Signature by the offeror on the SF 1449 constitutes an offer, which the Government may accept.

(2) Block 17b. If remittance address is different, put such address in the Central Contractor Registration (CCR) database. Contractor must comply with FAR 52.204-7 (APR 2008) Central Contractor Registration.

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

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

(5) List of individuals who are authorized to negotiate and sign on behalf of the company.

(6) Online Representations and Certifications Application (ORCA). The ORCA can be found at http://orca.bpn.gov OR submit written representations and certifications IAW FAR Part 52.212-3..

(b) Pages, Typing, and Page Numbering - The contents of the above sections shall be typed single-spaced, on 8-1/2 by 11 inch white paper, with one inch margins on all sides. Twelve point type shall be used except for figures and diagrams, where smaller size is acceptable as long as it is readable. Pages shall be printed head-to-head if both sides are used. All page numbers shall be sequential for each volume and centered at the bottom of each page. If additional pages must be added after page numbers are applied, offeror shall use a numeric/alpha designation to number the added pages. Example: Designate a single insert page added after page 10 as 10A, and two added insert pages as 10A and 10B. Each page shall identify the offeror and the date of submission in the upper right hand corner. Charts, attachments, etc., should be page numbered and may have additional identification such as a chart or attachment number. Blank pages shall contain the phrase "This Page Intentionally Left Blank." Blank page backs will not be included in the maximum page count.

(c) Proposal Markings. Each hard copy proposal shall be separately bound in a three-ring loose leaf binder with allowances made for space to facilitate potential changes. Within each binder, tabs should be placed to separate each individual “Part” of the proposal. Staples shall not be used. A cover sheet shall be applied to each binder, clearly marked as original, copy number 1 or 2, RFP number, and offeror's name. The same identifying data shall be placed on the spine of each binder to facilitate rapid accountability when placed on a shelf in a vertical position.

(3) Requests for Information The Government will make the final determination as to whether a proposal is acceptable or unacceptable, and may accept a proposal as initially submitted without requesting further information from any offeror. However, should the Government request additional information via Evaluation Notices (EN), the offeror shall provide a written response. If any response to Government initiated correspondence generates a change to the offeror's proposal, offerors shall annotate such changes and submit page changes to their proposal along with their response.

(4) Proposal Content The offeror's proposal shall respond to all requirements of this solicitation clearly and completely. The proposal shall be prepared simply and economically, providing a straight forward and concise delineation of the offeror's promise to comply with RFP terms and conditions, and satisfactorily perform the contract. Information supplied in the proposal must be free from ambiguities. Offerors who fail to respond adequately, or fail to clarify or correct their proposals after having been notified or questioned by the Government, may be eliminated from the source selection process without further discussions. The proposal (offer) submitted in response to this solicitation shall consist of the following:

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

Technical Proposal. The technical proposal will be used to make an evaluation and arrive at a determination as to whether the contractor’s proposed approach is capable of meeting the minimum requirements as stated in the RFP

a. Technical Approach: Describe your techniques, procedures and program for achieving the objectives of the specifications/performance work statement. Proposals that merely paraphrase the requirements of the Government’s specifications/Performance Work Statement, or use such phrases as “will comply” or “standard techniques will be employed” may be considered unacceptable and may not be considered further. Responses to this subfactor shall be limited to 10 pages.

b. Aircraft Technical Capability: Provide the following information for each proposed aircraft: Make, Model and Variant and Aircraft Registration Number. If the aircraft has been modified, provide the description of the Supplemental Type Certificate approved by the FAA or CAA and what if any, additional capabilities are achieved with the modification. Provide any other relative supporting documentation or explanation clearly demonstrating how the capabilities of the proposed aircraft can meet or exceed the minimum requirements of the PWS.

c. FAA Certification Documentation: Submit copies of the following: (1) Current 14 CFR Part 133 Operating Certificate and current FAA letter of authority for each aircraft or similar type aircraft designated to operate under the 14 CFR Part 133 Operating Certificate (2) 14 CFR Part 135 Operating Certificate and current 14 CFR Part 135 Operations specifications (Sections A and D). Each aircraft offered or a similar type aircraft should be listed in Attachment 3 of the Operations Specification (as applicable). If you are operating under a foreign flag, provide the equivalent CAA certifications. (3) For US Flag carriers, provide Flight Standards District Office (FSDO) location, as well as, the point of contact to include phone number and E-Mail address for the FSDO Manager, Aviation Safety Inspector, Principal Maintenance Inspector (PMI) and Principal Operations Inspector (POI).

d. Proof of aircraft ownership, signed lease agreement or purchase agreement, or other agreement between the parties expressing an intent to lease or purchase/sell aircraft that is binding upon both parties if a contract is awarded to the offeror. Examples of this might include a letter of intent to sell or purchase aircraft, or an option to lease or purchase. Options to lease or purchase shall include a right of first refusal exercisable by the offeror. The submitted documentation must provide adequate assurance to the Government that the proposed aircraft will be available for the entire term of the contract period of performance, including base and option years, should the Government make an award to the offeror.

PART II - Past Performance: Offerors are required to comply with the following format and content requirements for Part II of their proposal.

Past performance. Offerors shall submit a maximum of five (5) Past Performance Information (PPI) references from different contracts to support the Government’s evaluation of each offeror’s past performance. Offerors shall ensure the past performance references are as relevant as possible to the requirements of this RFP. PPI references under requirements type or indefinite-delivery, indefinite-quantity (IDIQ) contracts shall reference the specific task order number. Offerors shall include the following past performance information:

(i) Company/division name

(ii) Product/service

(iii) Contracting agency

(iv) Current Government or other points of contact to include name, address, telephone number, fax number and e-mail address for each contract listed

(v) Contract number

(vi) Contract type

(vii) Contract award date, period of performance

(viii) Basic contract award amount/current value

(ix) Past Performance log including the name, address, telephone number, fax number and e-mail address for each point of contact listed.

Offerors shall determine the mix of contracts that best represent their depth and breadth of past performance under relevant contracts. Include a brief summary of the scope of the contract or task order submitted as it relates to the services to be provided under this solicitation. This includes work for commercial customers, DoD and other Federal agencies, and subcontracts that are similar to the Government requirements.

Offerors shall describe rationale supporting their assertion of relevance of the submitted contract or task order to this acquisition.

Offerors shall provide references for each contract. For Government contracts, provide current information for the Government Program Manager, Project/Task Manager, Contracting Officer, and Administrative Contracting Office, as applicable. For commercial contracts or task orders, provide points of contact fulfilling these same roles. Any additional customers with in-depth knowledge of the contract or task order may be added. Email addresses are required for each point of contact. The offeror should verify the email addresses just prior to submittal of a PPI sheet.

Each offeror shall submit the past performance information NLT the proposal due date specified in the solicitation.

Past Performance Questionnaires (PPQs) (Attachment 4) are required to support the Government’s receipt and evaluation of past performance information. The offeror is responsible for sending questionnaires to respondents of their choice (maximum of 5 to be submitted to the Government). The respondents shall forward the completed questionnaires directly to the Contracting Officer NLT the proposal due date specified in the solicitation.

Even though the assessment of Past Performance is separate and distinct from the Determination of Responsibility required by FAR 9, past performance information contained herein may be used to support the Determination of Responsibility for a successful awardee(s).

Part III – Fly America Act and Civil Reserve Air Fleet (CRAF) Preferences: Offerors are required to comply with the following format and content requirements for Part III of their proposal.

Offerors shall submit information which documents: (1) the air carrier is US or Foreign Flagged; and (2) the offeror does or does not have aircraft dedicated to the CRAF program.

Part IV – Pricing Proposal: Offerors are required to comply with the following format and content requirements for Part IV of their proposal.

The Schedule, Supplies or Services – Cost/Price - Offerors shall insert its proposed pricing for each Contract Line Item Number (CLIN) with the exception of Reimbursable CLIN’s 0003, 1003 and 2003 in the spaces provided in the Schedule. The offeror shall provide a unit price and max amount (multiplying the unit price x max quantity identified in schedule) for CLIN’s 0001, 1001 and 2001. Offerors shall also fill-in the location for base of operations. For CLIN’s 0002, 1002 and 2002 the offeror shall provide a rate per mile and total cost for lines AA, and AB; the offeror shall provide a rate per mile and total cost for lines AC, AD and AE; the max amount for CLIN’s 0002, 1002 and 2002 shall be the sum of the total cost for lines AA, AB, AC, AD and AE; the offeror is not required to provide a unit price at the CLIN level. The price per mile must include the DESC Fuel Rate provided per Attachment 1 Para. 4.6.

ATTACHMENT 1 PWS

UNITED STATES AFRICA COMMAND

PERFORMANCE WORK STATEMENT

CONFIGURABLE AIRLIFT MULTI-USE SERVICE

1. Description of Services:

1.1.1 The Contractor shall provide all aircraft, personnel, equipment, tools, material, maintenance, and supervision necessary to furnish air transportation services, throughout the USAFRICOM Area of Responsibility (AOR), Europe and Africa, or other destinations upon the request of the Government, via contractor-furnished aircraft. This includes all necessary expertise and personnel to accomplish the loading, unloading, load planning and manifesting of passengers and cargo.

1.1.2 The aircraft must be capable of flying from Stuttgart, Germany a range of 3200 nautical miles unrefueled with a minimum load of 10 passengers, fuel, and baggage; have a range capacity which enables the aircraft to overfly destination and continue flight to alternate location when necessary, and have an ACL of at least 3600 lbs. Reductions in range and/or ACL will be authorized depending on mission requirements. The aircraft cargo area must be capable of carrying up to 10 passengers and baggage, or up to 6800 lbs of cargo or a combination thereof. Aircraft cargo area must be reconfigurable based on customer needs. Cargo capability is to include ability to handle skid-loaded items up to 40 inches wide and 50 inches high.

1.1.3 Aircraft must be fully self-supporting with internal passenger stairs, pressurized cabin, auxiliary power unit (APU) for self-starting, and an industry standard lavatory equipped with running water and flushing toilet system.

1.1.4 Aircraft must be capable of taking-off and landing on prepared surfaced runways as short as 7,000 ft and able to operate into airfields as high as 8,000 ft MSL.

1.1.5 Aircraft must be multi-engine; turbine powered and must be able to fly in Instrument Meteorological Conditions (Equipped for Instrument Flight Rules (IFR) flight).

1.1.6 Communication Requirements: Aircraft must be configured SATCOM communications (e.g. INMARSAT). Any air time charges will be reimbursed under CLIN 0003 (and CLINS 1003 and 2003 if options are exercised).

1.1.7 Desired, but not required, Communications Equipment/Capabilities: Two additional and separate 64Kbps channels to support secure and/or non-secure voice and data operations simultaneously, with a communication system that includes the ability to manage the bandwidth separately or in a bonded mode, to the greatest extent possible, to allow ease of access to internet and reach back via VPN to office domains.

1.1.8 Aircraft shall be pressurized and have an onboard emergency oxygen system readily available for passengers.

1.1.9 Aircraft interior cabin appointments, seats, and fixtures in the aircraft shall be maintained in a safe, clean, presentable condition. Specifically, unsightly wear, holes, and unmended tears are not acceptable. Aircraft shall be equipped with adequate tie down or restraint system for baggage.

1.1.10 Substitute aircraft. When the primary aircraft is not available for service, the Contractor shall provide adequate backup aircraft from either the Contractor’s own aircraft or by arrangement with other DoD approved carriers. For scheduled maintenance, a substitute aircraft must be provided to cover the time the primary aircraft is unavailable, unless authorized otherwise by the Contracting Officer. For any other unschedule maintenance event that make the primary aircraft unavailable, the contractor must provide a substitute aircraft within 48 hours of first learning of the unavailability, unless otherwise authorized by the Contracting Officer. Aircraft substituted by the Contractor on any one flight shall meet the minimum seating and/or equipment requirements for that flight. Substitution of aircraft not listed in the List of Authorized Aircraft in the contract must be approved by the Contracting Officer.

1.1.11 Cancellations. The contractor shall not be reimbursed or compensated for flight cancellations unless the aircraft has actually begun the mission. In that case, the contractor will only be reimbursed for the actual use rate to return to point of origin.

1.1.12 Response Time. Schedules will be agreed upon by both government and contractor. The contractor will be paid at the rate identified in the schedule based on the date of notification and the actual mission execution date. The aircraft cargo area must be reconfigurable by the contractor’s maintenance team within 12 hours of notification of mission profile.

1.1.13 DOD Approval and Additional Standards. The carrier operating the aircraft must be an approved DOD air carrier, as determined by HQ AMC/A3B and the Commerical Airlift Review Board (CARB), and must maintain this approval throughout the performance of this contract. The contractor shall comply with all FAA requirements or equivalent CAA requirements, and with all DOD additional standards as published on the following web site: http://www.amc.af.mil/library/businesscustomers.asp

1.2 Payment Calculation:

1.2.1 The Great Circle Statute Miles (GCSMs) listed between the points in the Schedule are the accepted miles for the purposes of performance and payment under this contract.

1.2.2 Where a flight must be flown between points not included in the Schedule, distances will be determined by the use of GCSMs as computed and furnished by the Commercial Operations Integrated System (COINS).

1.2.3 If the flight is put in a holding pattern or diverted, payment will be calculated by multiplying flight time minutes times the block speed of the aircraft (provided by the contractor in the LIST OF AIRCRAFT) divided by 60 and then multiplied by the unit price. Flight time minutes shall be computed from block out to block in.

1.3 Scheduling and Mission Execution:

1.3.1 For the purpose of this paragraph, the term “Schedules” means the day and time of day of the flight operation. To the extent such schedules are not specified in this contract, they shall be established by mutual agreement between the Contractor and the AFRICOM Deployment and Distribution Center (ADDOC). Schedules may be given verbally or in writing. When schedules are given verbally, the Government will confirm the schedules in writing prior to mission departure.

1.3.2 Mission Planning will be accomplished by the Contractor and passed to 617 AOC/AMD flight planners. The AMD flight planners will ‘push’ the mission into the GDSS2 (or G2) scheduling software for coordination with other branches and agencies. Contractor is responsible for obtaining diplomatic clearances, aircraft and aircrew clearances with assistance available from ADDOC and 617 AOC/AMD.

1.3.3 At the close of business the day prior (Friday for the weekend), missions are considered in the ‘execution phase’. The 617 AOC/Mission Director (Execution Cell) will serve as monitoring agency for all missions. The pilot shall report all takeoff and landing times to the Execution Cell. AFRICOM JOC and ADDOC will call the Execution Cell for all updates on mission status. The ADDOC will coordinate mission changes with the Contractor then pass requested changes on to 617 AOC. The Execution Cell also handles all changes to missions or any other mission related issues once the mission is in the execution phase. The Execution Cell is a 24-hour control center. Their phone number is DSN 314-478-1723 (Comm: +49-(0)6371-405-1723)

1.3.4 The Contractor shall not deviate from the scheduled points of landing without prior approval of the ADDOC or 617 AOC except in a bona fide emergency.

1.3.5 In the event a flight is canceled by the contractor prior to the scheduled departure time, or substitute service is used at the point of origination of the flight or en route, due to contractor controllable reasons, movement of any aircraft into and out of scheduled service will be at the Contractor’s expense. If substitute service is used the contractor will only be reimbursed up to the cost agreed upon in the contract, any additional cost will be absorbed by the contractor.

1.3.6 Extensions and En route Stops. The Contractor shall comply with all instructions issued by the ADDOC and 617 AOC pertaining to extensions of scheduled flights and en route stops. The contractor will be paid for additional miles flown and applicable stop charges resulting from Government directed route changes in accordance with paragraph 1.2 of this Performance Work Statement.

1.3.7 If a mission is delayed or diverted due to a Contractor controllable delay (includes maintenance delays), the Contractor shall provide hot meals and transportation to the feeding point if the delay extends over a normal meal period for all passengers manifested. If the delay requires an overnight stay, the Contractor is responsible for meals, transportation and billeting for those passengers manifested. If the delay or diversion is not a Contractor controllable delay, care of the passengers shall be the responsibility of the Government. However, when requested by the Government, the Contractor shall provide billeting and transportation for all passengers manifested on a reimbursable basis. Meals and personal expenses, i.e., telephone call, TV, etc., shall not be provided.

1.3.8 The Contractor shall contact the 21st Operational Weather Squadron (21 OWS) at DSN 314-496-6116, Commercial +49(0)6302-67-6116 two hours prior to positioning the aircraft at the originating station for the purpose of obtaining weather status at destination stations. The Government and the contractor agree that the flying required under the terms of this contract will be undertaken when in the judgment of the contractor there is a reasonable expectation of completing a given flight. The responsibility for presenting the facts and conditions to show there was a reasonable expectation of completing a flight rests with the Contractor. The Government and the contractor agree that the aircraft may not be capable of transporting the full ACL under this contract due to adverse weather conditions.

1.3.9 The contractor may refuse any mission for safety of flight and/or force protection reasons. However, canceled missions must be rescheduled and flown as agreed to by the Government representative and contractor.

1.3.10 At enroute or operational stops and at locations where there is no AMC or US military presence, security for the aircraft and crew, as well as any security processing of passengers shall be the responsibility of the contractor.

1.3.11 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.

1.3.12 The contractor will position the aircraft for boarding at least 15-minutes prior to scheduled departure time. Aircraft departures shall take place within 20 minutes of scheduled times. Offloading shall be accomplished within 30-minutes or less to comply with Maximum on Ground (MOG) restrictions and safety considerations.

1.3.13 The contractor shall make snacks and non-alcoholic beverages available, appropriate for the time of day, on all flights. Snacks and beverages shall be provided by the contractor at no additional cost to the Government. A heavy snack (i.e. sandwich, chips, and cookies/fruit) shall be provided for flights with a duration of 4 hours or longer.

1.3.14 Contractor personnel shall comply with all pertinent military regulations and/or directives when in base flight patterns and on military installations. Regulations can be obtained from the Airfield Operations Managers. These regulations include but are not limited to presenting valid identification for installation entrance, obtaining and using vehicle passes for all Contractor-owned vehicles, obeying all posted directives, and providing strict adherence to security police direction in instances where security police have been dispatched to a particular location.

1.4 Maintenance:

1.4.1 No scheduled maintenance except en route or turnaround service and safety of flight items will be accomplished at military installations under the terms of this contract except as otherwise authorized by the ADDOC when deemed to be in the best interests of the Government. If any maintenance service is to be performed including en route, turnaround, safety of flight or scheduled maintenance during ground time of aircraft at U.S. military airfields, the contractor will notify the Contract Administrator as follows:

1.4.1.1 Specific type of maintenance to be performed.

1.4.1.2 Anticipated duration.

1.4.1.3 Type of Government-Furnished Service desired in conjunction with performance of the turnaround or en route maintenance service.

1.4.1.4 Any reimbursable support desired in conjunction with performance of the turnaround or en route maintenance service.

1.4.2 Any change in status or type of work to be performed subsequent to initial notification to the Contract Administrator will be immediately communicated to 617 AMD. The Contracting Officer Representative (COR) and other interested base agencies will also be notified by ADDOC. Requests for reimbursable services will be passed from the 617 AMD to the COR who will arrange for performance of the required services.

1.5 Ferry-In/Ferry-Out The aircraft will not be based longer than required for mission needs at SAAF. Cost of the ferry-in/ferry-out legs will be borne by US Africa Command, but will not exceed the costs for ferry-in/ferry-out the aircraft from the contractors main base of operations at the rate identified in the schedule. The Contractor shall have current landing permits from appropriate military services. To permit use of military installations, the Contractor must obtain landing permits as follows:

1.5.1 AIR FORCE BASES. Pursuant to AFR 55-20, Landing Permit, DD Form 2401, may be secured from USTRANSCOM/TCAQ-R, Scott AFB IL 62225-5357, and must be completed and forwarded to the above quoted office. In addition, Hold Harmless Agreement, DD Form 240-2, and Certificate of Insurance, DD Form 2400, must be forwarded to USTRANSCOM/TCAQ-R along with the DD Form 2401.

1.5.2 NAVY/MARINE CORP AIR STATIONS. Call (202) 685-9202 or visit https://www.navfac.navy.mil and select the link for Civil Air Landing Permits.

1.5.3 ARMY INSTALLATIONS. Call (703) 806-4864 for instructions.

2. SERVICE DELIVERY SUMMARY

100% of monthly flights.

3. GOVERNMENT FURNISHED SERVICES AND EQUIPMENT

3.1 The government will provide the following services for all landings made at military installations (originating, en route, and terminating stations) at no cost to the Contractor if available, except as otherwise provided in Paragraph 3.

3.1.1 Transient alert and ramp services to include:

3.1.2 Landing.

3.1.3 Follow-me vehicle.

3.1.4 Towing, a qualified Contractor’s representative will be in the cockpit during towing operations.

3.1.5 Parking.

3.1.6 Chocking and grounding of Aircraft.

3.1.7 Positioning, connecting, operating and depositioning of aircraft ground power unit. Contractor will provide training on Contractor-owned units.

3.1.8 Fire guard for engine starts.

3.1.9 Positioning, connecting, operating and depositioning of engine start carts. Contractor will provide training on Contractor-owned units.

3.1.10 Positioning, operating and depositioning of compressor for airing of struts and tires. Nitrogen may be used when available to inflate aircraft tires. A qualified contractor technical representative will be present to supervise.

3.1.11 Position, deposition and supervise the operation of aircraft axle jacks for tire changes. A technically qualified contractor representative will jack the aircraft.

3.1.12 Ramp sweeping.

3.1.13 To-plane service of hydraulic fluid and supply of oxygen (gaseous or LOX) on a reimbursable basis. Equipment and necessary operators will be furnished for wing de-icing at no cost; the de-icing fluid will be furnished on a reimbursable basis.

3.1.14 Maintenance stands, when required for ground servicing operations.

3.1.15 To-plane fuel servicing. A Contractor representative will connect/disconnect the fuel hose to/from the aircraft Single Point Refueling (SPR), and control the flow of fuel into the plane.

3.1.16 Chief Servicing Supervisor (CSS) and fuel unit monitors in accordance with T.O. 00-25-172 when a concurrent ground servicing is accomplished.

3.2 Terminal and traffic services to include:

3.2.1 Provide access to specified parking spots and flightline drivers training.

3.2.2 Fleet service.

3.2.3 Fire and crash rescue support.

3.2.4 Aircraft clearance facilities and Base Operations Support.

3.2.5 Emergency medical services to contractor aircrews and personnel on a reimbursable basis.

3.2.6 Weather forecasting.

3.2.7 Purchase of petroleum products by the contractor at any military base for use in performing services hereunder shall be in accordance with Air Force Manual 32-110, Vol I, PT III, Chapter 1. If available, petroleum products will be furnished to the contractor at Defense Energy Support Center (DESC) standard price. A credit letter is required for credit sales. Contact DESC, Fuels Branch, Commercial (210)925-4887.

3.2.8 A Supervisory Contractor Representative (SCR) will be present for supervision and control of contractor personnel/equipment during aircraft fuel servicing. All concurrent aircraft refueling services will be conducted in accordance with Technical Order 00-25-172.

3.2.9 Aviation gasoline (AVGAS) is not available at any US Air Force/Army location.

3.3 Stuttgart Army Airfield (SAAF) Service Exceptions

3.3.1 Contractor must provide an aircraft tug and towbar. (This can be procured locally through the FBO’s at the airport.)

3.3.2 Nitrogen is only available from the commercial side of airport from Lufthansa Airlines and only military personnel can do the work. Nitrogen must be paid for in cash.

3.3.3 De-icing cannot be conducted on the military ramp. Only the commercial side can provide this service.

3.3.4 Fresh water and toilet services are only available from the commercial side of the airport.

3.3.5 Hangar space may be provided occasionally, upon request, on a space available basis.

4. REIMBURSABLE SERVICES AND COSTS

4.1 Reimbursable expenses, listed in the Schedule, shall be identified as separate items and shall be supported by paid receipts.

4.2 The Government will reimburse the Contractor, at cost, for all airport fees assessed as a result of authorized performance under this contract. Examples of airport fees include landing and parking fees. This also includes all costs for aircraft ground handling services at destinations other than the base of operations.

4.3 Any federal transportation taxes that the Contractor is required to pay for performance of this contract shall be added to the Contractor’s invoices as a separate item, and the Government shall reimburse the Contractor, at cost, for the amount of such taxes. (Reference Public Law 97-248, Tax Equity and Fiscal Responsibility Act of 1982).

4.4 In the event the Contractor is requested by the Government to care for the passengers during a mission delay or diversion, which is not a Contractor controllable delay, the Government will reimburse the Contractor, at cost, for such expenses.

4.5 In the event the contractor’s crew is required to remain overnight at an enroute stop, the contractor will be reimbursed per diem rates consistent with PL 99-234, Federal Civilian Employees and Contractor Travel Expenses Act of 1985 and FAR 31.205-46(a)(2), during the performance period of this contract for each authorized overnight lodging. Food and lodging arrangements are the contractor’s responsibility. Claims for food/lodging expenses shall be supported by paid receipts to the maximum extent possible. In the event paid receipts cannot be furnished, other documentation must be submitted.

4.6 Economic Price Adjustment based on Actual Cost of Fuel – Airlift: The contractor may purchase government fuel for the performance of this contract.

FUEL TYPE

BASE PRICE

JP-5

$3.97/GL

JP-8

$3.95/GL

Jet-A

$3.95/GL

4.6.1 In order to protect the contractor and the government against significant market fluctuations in the price of fuel, an adjustment will be made based on actual costs incurred. Adjustments will be made as indicated below and shall be taken against the CLIN titled Fuel EPA Reimbursable.

4.6.2 Economic price adjustment (EPA) pursuant to this clause is limited to changes in the contractor’s cost relative only to fuel.

4.6.3 Allowable fuel adjustments will be made upward or downward only if the price of fuel varies by more than one cent per gallon from the base price established in the contract.

4.6.3.1 When the average price per gallon paid by the contractor is greater than the established base price, the government will reimburse the contractor the difference between the price of fuel paid and the established base price.

4.6.3.2 When the average price per gallon paid by the contractor is below the established base price, the contractor will reimburse the government the difference between the price of fuel paid and the established base price. Under these circumstances, the contracting officer will issue a demand letter and funds will be reimbursed as directed.

4.6.4 Reporting requirements for adjustments are as stated in the contract, but no later than 30 days after months end.

4.6.5 The actual average cost per gallon under this EPA clause shall be rounded to four decimal positions (e.g., $2.6308).

4.6.6 For the contracting officer to consider any request for adjustment, the contractor shall submit data that clearly supports any request for adjustment. At a minimum, the contractor shall submit: 1) total mileage flown in performance of the USTRANSCOM contract; 2) fuel costs associated with that performance; and 3) associated financial data or receipts, as required by the contract.

4.6.7 The following steps will be taken to determine the applicable adjustment:

4.6.7.1 The contractor shall submit fuel summary report NLT 30 days after mission complete and, if necessary, an invoice. The report shall include a detailed listing, by flight, of all fuel purchases, and the calculations for the average price paid. The calculation of the fuel adjustment shall be as follows: The contractor’s fuel burn rate, established in Attachment 2, List of Aircraft, is multiplied by the total mileage flown in performance of the contract for the adjustment period. In the case of a substitute aircraft not listed in the schedule, the lower burn rate of the substitute aircraft or the aircraft normally used in performance of the contract shall be used.

4.6.7.2 The product is then multiplied by the difference between the average price per gallon paid and the established base price in the contract (also known as the variance).

Example:

Miles flown in support of the USAFRICOM contract = 8500

Burn rate for aircraft type (in schedule) = 4.21 gallons per GCSM

Base price of fuel established in the contract = $4.00

Actual average cost per gallon = $4.2501

Calculation:

Miles * Burn Rate * EPA Price Variance = Adjustment

8,500 * 4.21 = 35,785* $0.2501 = $8949.83

4.7 Communication Air Time: The Government will reimburse the Contractor, at cost, for all communication air time used by authorized passengers under this contract. Air time used by crew members or other contractor employees shall not be reimbursed. The contractor shall provide copies of airtime bills/invoices to back up their request for reimbursement.

5. GENERAL INFORMATION

5.1 SCHEDULE RELIABILITY

5.1.1 The Contractor’s schedule reliability rate shall be computed for a 6-month period by subtracting the total number of Contractor-controllable delays at the originating and en route stations during the 6-month period from the Contractor’s total number of scheduled originating and en route station departures in that 6-month period, and dividing the remainder by the Contractor’s total number of scheduled origination and en route station departures for the period, and finally, by stating the result as a percentage of the actual departures. This reliability rate computation shall be made as of 2400 hours GMT on the last day of each calendar month. The originating station is defined as the initial onload station of a mission.

5.1.2 A delay shall be deemed to have occurred at the originating or en route station if the Contractor’s aircraft departs the blocks more than 20 minutes after the scheduled departure time, except in those instances when the aircraft arrives at the next scheduled destination on time. “If the mission is delayed more than 4 hours, the customer will have the option of cancelling the mission and be liable for payment for only the actual portions flown." The scheduled departure time shall be as established pursuant to paragraph 1.3.1. A delay at originating and en route stations, caused by factors beyond the control and without the fault or negligence of the Contractor, shall be considered as Contractor-uncontrollable; a delay for any other reason shall be considered Contractor-controllable. The Contractor-uncontrollable delay time experienced at the origination and en route stations on a mission shall be added to the scheduled departure time at the next en route station for purposes of determining the scheduled departure time at that station on that mission.

5.1.3 Failure to maintain an 75 percent schedule reliability rate per quarter could be reason for terminating this contract pursuant to FAR 52.212-4; however, nothing in this paragraph shall limit the right of the Government to terminate this contract for cause for other reasons or to limit any other rights and remedies provided the Government by law or under this contract.

5.1.4 The Contractor shall adhere to the schedule published by 617 AOC/AMD. Whenever any contractor-operator aircraft delays extend beyond the twenty-minute limit, the reason for the delay will be passed to the 617 AOC/Mission Director as soon as possible. On the day of mission execution, changes to the schedule may be made by the 617 AOC. In this case, delays will be measured against the amended schedule. All requests for early departures must be routed through the 617 AOC/AMD until day of scheduled departure, at which time requests must be routed through the 617 AOC/Mission Director.

5.2 DIVERTED AND REROUTED FLIGHTS

5.2.1 The ADDOC or 617 AOC may divert or reroute any trip to any route within the same area of operation.

5.2.2 For the diverted or rerouted airlift contemplated by 5.2.1 above, the Contractor shall, in all such instances, furnish the required miles of air transportation specified in the appropriate directive in accordance with all the terms and conditions of this contract. The Contractor shall comply with all directions, including those given orally, to the ADDOC and 617 AOC concerning diverted or rerouted airlift.

5.2.3 Weather diversions and/or overflys. When diversions of overflys of any site are warranted because of weather, the following procedures will be followed:

5.2.4 The Aircraft Commander or flight dispatcher shall notify 617 AOC/Mission Director by any means available, such as assigned HF frequency, command and control or flight service station phone patch or VHF thru base operations who will in turn contact 617 AOC/Mission Director, and request instructions.

5.2.5 The Contractor shall comply with 617 AOC instructions. The Contractor shall be paid for all miles flown as directed by the 617 AOC and in accordance with paragraph 1.2.

5.2.6 If the 617 AOC does not issue diversion instructions within 15 minutes, the Aircraft Commander will exercise his best judgment and divert at his discretion.

5.2.7 If the Aircraft Commander or flight dispatcher fails to notify 617 AOC of impending diversions, or fails to follow the instructions, the Contractor shall be responsible for the care of passengers, if any, and for loading/offloading and storage of cargo if required. In addition, the Contractor shall be reimbursed only for the miles set forth in the original routing, if he subsequently completes the routing. If the Contractor completes only a portion of the routing, he shall be paid accordingly.

5.3 EXCESS ACL AND ROUTE SUPPORT

5.3.1 The Contractor may transport route support items and personnel, including support for aircraft not operationally ready. The Contractor must give at least six hours advance notice whenever he requires seats for mission route support on a USTRANSCOM contracted mission. This notice shall be given to the Contracting Officer. The Contractor will not be charged for on/offloading services in connection with moving route support cargo. Route support personnel are personnel employed by the Contractor for route support and required for performance of this contract.

5.3.2 The contractor may also move its own route support items and personnel, including support for aircraft not operationally ready in space not used by the Government (excess ACL). However, in any such case, any passengers or baggage displaced by said route support will result in appropriate reduction in payment on a pro rata basis to the Contractor for such flight.

6. COMMAND AND CONTROL

6.1 The Government will provide the contractor a manifest prior to boarding. The contractor shall not permit any unauthorized personnel to board the aircraft without consent of the ADDOC and 617 AOC. The contractor shall verify passenger and cargo weights. Contractor shall leave an accurate passenger manifest at departure airfields with the local command and control authority. Contractor shall present a safety briefing to all passengers prior to takeoff.

6.2 Flight crews under this contract are required to be US citizens, speak English fluently, and possess a valid passport. Maintenance personnel are required to be US citizens, speak English fluently, and possess a valid passport.

6.3 On positioning legs, the Contractor shall call the 617 AOC after the aircraft departs for the originating station. Contractor shall advise 617 AOC of estimated arrival time at originating station, call sign, and type aircraft.

6.4 If the Contractor determines, upon departure, that the aircraft arrival time is expected to deviate by more than 15 minutes from the scheduled arrival time, contractor shall advise 617 AOC/Mission Director of the reason for the deviation and the proposed new arrival time.

6.5 In the performance of this contract, the Contractor may utilize the USAF HF Global Command and Control System, in addition to other radio frequencies listed in the appropriate Flight Information Publication (FLIP), or as provided by the Government.

6.6 On all inbound flights to Stuttgart Army Airfield, the aircraft captain shall call SAAF Base Ops as soon as feasible (no later than 30 minutes prior to ETA) with its ETA at destination and any special requirements (i.e., ambulance for medical patients).

6.7 Contractor shall provide to 617 AOC/Mission Director (Execution Cell) the departure and arrival notifications at all locations via phone, fax, radio, or satellite phone. On all departures, Contractor shall pass actual take-off time and ETA to next destination to the command and control facility. The Contractor shall notify the 617 AOC/Mission Director (Execution Cell) at DSN 314-478-1723 (Comm: +49 (0)6371-405-1723) immediately of any delay of aircraft departure including the reason thereof. The Execution Cell will alert the ADDOC and AFRICOM JOC.

7. AIR CARRIER INSURANCE REQUIREMENTS

7.1 Prior to performance of any services hereunder, the contractor shall, at its own expense, procure and maintain during the entire performance period of this contract, with financially and legally responsible insurance company or companies, minimum insurance coverage as set forth below:

7.1.1 Liability for Bodily Injury to or Death of Aircraft Passengers: A limit for each person 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 seventy-five percent (75%) of the total number of passenger seats.

7.1.2 Liability for Bodily Injury to or Death of Persons (Excluding Passengers) A limit of at least three hundred thousand dollars ($300,000.00) for each person in any one accident, and limit of at least twenty million dollars ($20,000,000.00) for each accident.

7.1.3 Liability for Loss of or Damage to Property: A limit of at least twenty million dollars ($20,000,000.00) for each accident.

7.1.4 If Combined Single Limit Liability is used, the amount thereof shall be at least equal to the combined minimum prescribed above for the various categories of split limits coverage.

7.1.5 Liability payment insurance purchased pursuant to the requirements of this paragraph shall cover payment to the U.S.