HTC711-11-R-R001 Amendment 4.doc

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

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. Government pursuant to the subrogation provisions of the Medical Care recovery Act (42 U.S.C. 2651-3) and, within the liability limitations of this contract, the cost of U.S. Government provided medical care to the extent that said insurance would cover payment of the cost of medical care in the absence of any U.S. Government obligation to provide medical care.

7.2 The Contractor will provide evidence of insurance to the Contracting Officer prior to contract award.

7.3 The Contractor will verify that all policies submitted (i) contain endorsements providing for the waiver of any right of subrogation the insurer may have against the United States by reason of any payment under the policy on account of any damage or injury in connection with the insured’s use of any Government aviation facility, or the insured’s purchase of services or supplies from the United States Government; and (ii) contain such provisions as the Government shall from time to time require in order to afford the Government adequate protections there under.

7.4 In the event of cancellation or material change in policy coverage, thirty (30) days prior written notice shall be given to the Contracting Officer.

8. SUPPORT AT US MILITARY INSTALLATIONS

8.1 Billeting and messing for Contractor’s crews at US Military installations other than Stuttgart Army Airfield, required in support of this contract and not specifically provided for in other provisions of this contract, may be provided by the Government at the discretion of the commanding officer of the military installation involved. Any expenses incurred by the Contractor for billeting and messing for Contractor’s crews shall be borne by the Contractor. Other services at military bases, where commercial services are not available, or not available on a timely basis, may be made available to the Contractor on an emergency basis only, as determined by the Contracting Officer. Aerospace Ground Equipment (AGE) and traffic handling and servicing equipment, with necessary operators, shall be furnished without charge to the Contractor. Technical services and maintenance labor provided as well as supplies and parts issued shall be on a reimbursable basis and in accordance with and subject to the provisions of:

Air Force Installations – AFI 10-1002, page 2, para 3.4 and AFM 23-110, Vol 2, Par2, Chapter 24-Ref Maxwell AFB-Gunter Annex, AL. DSN 596-5186, Comm (334)416-5186.

8.2 Contractor will be permitted to utilize military telephone and radio communications facilities in those areas where commercial circuits are not available, and it is in the best interests of the Government as determined by the Contracting Officer. Contractor use of military communications facilities must be limited to transmission/reception of airlift mission support traffic and must not interfere with military command control traffic.

8.3 The Government will allow access to Base Operations Flight Planning Facilities.

8.4 The commander of Government installations at which the Contractor is required to land may make use of equipment or services not covered by the contract available to the Contractor. The contractor may be required to remove aircraft from unloading position on the ramp to designated parking area within such time as required by the local commander after unloading operations are completed. Reimbursement for the Government furnished service and/or equipment will be made in accordance with the applicable regulations of the Government installations involved.

9. NOTICES AND REPORTS

9.1 Notice of Accidents – DOD Missions. When the contractor’s aircraft is involved in an accident or incident in support of a DOD mission, as defined in 49 CFR, Part 830, the contractor will transmit the following information by the most expeditious means available, to the Tanker Airlift Control Center (TACC) Emergency Action Cell at Scott AFB, IL telephone (618)229-1705/1706, or 0360. On the next business day, notification must also be made to the Contracting Officer identified in the contract and to HQ AMC/A3B.

(1) Carrier and trip number, (2) aircraft type and number, (3) date and time of accident, (4) last point of departure and point of intended landing of the aircraft, (5) nature of the accident and the extent of damage to the aircraft so far as is known, (6) total number of crew members and passengers on board, (7) number of injured and fatalities aboard the aircraft, and (8) condition of baggage or government owned material, if any, on board.

9.2 Notice of accidents – Non DOD Missions. When the contractor’s aircraft is involved in any accident or incident in support of a non-DOD mission, as defined in 49 CFR, Part 830, the contractor will transmit the information in paragraph 4.1 above by the most expeditious means available on the next business day to HQ AMC/A3B, Scott AFB IL (618)229-4801 or 4343.

9.3 Aircraft Medical Incidents. Report all aircraft medical incidents in flight, or while DOD passengers are under control of the aircraft captain, to the first available QAE or CO, at the next en route station for in flight incidents, or the station where the incident occurs.

9.4 DOD Casualties. In cases where death occurs on a contractor’s aircraft, the following information shall be furnished by telephone to the addresses below, with an information copy to USTRANSCOM/TCAQ-R: Name, service number and component of service identified as: Army-USA, Air Force-USAF, Navy-USN, Marine Corps-USMC, and Coast Guard-USCG. The following is a list of phone numbers for service casualty offices:

Army: (800) 626-3317

Navy and Coast Guard: (800) 368-3202

Marines: (800) 847-1597

Air Force: (800) 433-0048

USTRANSCOM/TCAQ-R via fax at (618) 256-6419

9.5 Safety and Financial Information. As required by the Air Safety Clause at USTRANSCOM FAR Supplement 5552.247-9000, the contractor must satisfy the requirements of 32 CFR, Part 861, Section 861.3. The DOD will conduct periodic evaluations to assess the contractor’s ability to perform safely. To complete the evaluation, the government may contact the contractor in order to obtain information bearing upon the contractor’s practices, resources, and capabilities. Upon request, the contractor shall provide data pertinent to such evaluations, including current audited financial statements, to HQ AMC/A3B, 402 Scott Drive, Unit 3A1, Scott AFB IL 62225-5302. NOTE: Data furnished pursuant to this paragraph may be utilized by the U.S. Government or its representatives for any matter related to this contract.

10. SUBMISSION OF COLLECTIVE BARGAINING AGREEMENTS

The Contractor agrees to provide the Contracting Officer, upon request, a copy of any Collective Bargaining Agreement applicable to employees performing this contract.

11. INSTALLATION RULES AND REGULATIONS

The rules and regulations of the installation where services are performed shall apply to the contractor and his employees while on the premises of such installation. These regulations include but are not limited to: presenting valid identification for base entrance, obtaining and using vehicle passes for all contractor-owned and/or privately-owned vehicles, obeying all posted directives, and providing strict adherence to security/military police direction in instances where security/military police have been dispatched to a particular location.

12. AIRFIELD SUITABILITY AND RESTRICTIONS/CERTIFICATION AIRFIELDS

12.1 Contractors are reminded that airfield restrictions exist at certain military and commercial airfields worldwide. An Air Mobility Command (AMC) publication, entitled “Airfield Suitability and Restrictions Report,” identifies airfield restrictions specifically for AMC air crews. This publication also lists “certification airfields” which are the equivalent to FAA-designated “special airfields.” These fields have unique airfield hazards and operating procedures requiring increased awareness and familiarity by air crews. This publication is prepared for use by AMC air crews and is made available to contractors for advisory purposes only. Contractors can obtain the current edition of this publication, at no cost, by contacting the following office:

HQ AMC/A3B

402 Scott Drive Unit 3A1

Scott AFB IL 62225-5302

Telephone: (618) 229-4801

Fax: (618) 256-5937

12.2 Additionally, DOD through the Defense Audio Visual Information Services (DAVIS), produces “Airport Qualification Program” (AQP) videos for some certification airfields. These are available for advisory purposes only, at no cost (one copy per contractor), by contacting the following office:

JVISDA

Telephone: (570) 895-7937/7936

Building 3, Bay 3

Fax: (570) 895-6106 or DSN 795-6106

11 Hap Arnold Blvd

E-MAIL: vibuddy@hq.afis.osd.mil

Tobyhanna, PA 18466-5102 Website: http://www.cascom.army.mil/td/td_qm/Force_Provider.htm

12.3 This contract requires that at least one pilot member of an aircrew, operating a DOD contract mission into a DOD-designated certification airfield, shall have performed pilot duties to that airfield within the past 12 months or reviewed an FAA-accepted pictorial, e.g., video, detailing airfield hazards within 30 days prior to performing the DOD contract mission.

12.4 Contractors shall ensure that air crews are adequately briefed on all restrictions at applicable airfields, including certification airfields, and properly trained before performing any DOD contract mission into these airfields.

13. ORDERS

The Ordering Officer will issue task orders for the air transportation services shown in the Schedule. Flight schedules will be provided by the 617 AOC/AMD in accordance with the Performance Work Statement, paragraph 1.3.1.

ORDERING PROCEDURES

IAW FAR 16.505, Ordering, all multiple award contractors shall be provided a fair opportunity to be considered for each task order in excess of $3,000 pursuant to the evaluation criteria set forth below. This fair opportunity will be provided all IDIQ contract holders unless the contracting officer (or ordering officer / booker) determines that:

a. The agency’s need for the services or supplies is of such urgency that providing such opportunity to all such contractors would result in unacceptable delays.

b. Only one such contractor is capable of providing the services or supplies at the level of quality required because the services or supplies ordered are unique or highly specialized.

c. The task/delivery order should be issued on a sole source basis in the interest of economy or efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity pursuant to the procedures in this clause to be considered for the original order.

d. It is necessary to place an order to satisfy a minimum guarantee.

All ordering will be accomplished at the customer/user level. The ordering officer will issue task orders based on the following criterias:

1. Aircraft Availability. Aircraft available to meet customer/user requirement.

2. US Flag Preference

3. Past Performance. The Ordering Officer will consider past performance/scheduled reliability on previous missions completed under the contract when applicable.

4. Price

14. PASSENGER BAGGAGE LIABILITY

The Contractor will be responsible and liable for the loss, damage, or destruction of the checked baggage, unchecked baggage, and items of personal property in the possession of the passenger on flights performed under this contract from the completion of loading by the Government until commencement of unloading by the Government. Contractor’s liability for checked baggage is limited to the actual value thereof, not to exceed $2,800.00 per passenger. The Contractor’s liability for unchecked baggage and items will be the actual cost paid by the passenger for replacement at the time of claim. Contractor’s liability for unchecked baggage and items of personal property in the possession of passengers exist only for loss, damage, or destruction occasioned by aircraft accident or otherwise caused by the Contractor. Any lower limitation of liability to which the Contractor might otherwise be entitled will not be applicable and the provisions of this paragraph will prevail over any such lower limitation. Claims for lost or damaged baggage will be submitted to the Contractor on AMC Form 134 (Baggage Irregularity Report).

15. POST AWARD CONFERENCE

A Post Award Conference will be held after contract award and prior to commencement of any work on this contract. The contractor’s authorized representative shall attend the Post Award Conference. Exact date, time, and location will be provided in writing by the contracting officer at least 7 days prior to the conference.

16. PERFORMANCE OF SERVICES DURING CRISIS DECLARED BY THE PRESIDENT OR SECRETARY OF DEFENSE OR OVERSEAS COMBATANT COMMANDER In the event of a declared crisis, the contractor is not relieved from the requirements of this contract.

17. ABBREVIATIONS AND DEFINITIONS

Air Mobility Command (AMC)

Air Mobility Division (AMD)

Calendar Day. The time from midnight to midnight.

Charter Service. Transportation of cargo and passengers in full planeload lots on commercial aircraft.

Contracting Officer (CO)

Contracting Officer Representative (COR), A COR is responsible for performing surveillance and inspections of contractor performance.

Department of Defense (DOD)

Department of Transportation (DOT)

Estimated Time of Arrival (ETA)

Federal Aviation Administration (FAA)

Legal Public Holidays. Holidays in each calendar year identified as follows:

New Year’s Day, January 1;

Martin Luther King’s Birthday, the third Monday in January;

President’s Day, the third Monday in February;

Memorial Day, the last Monday in May;

Independence Day, July 4;

Labor Day, the first Monday in September;

Columbus Day, the second Monday in October;

Veteran’s Day, November 11;

Thanksgiving Day, the fourth Thursday in November; and

Christmas Day, December 25.

Military Agencies. The Department of the Army, the Department of the Navy, the Department of the Air Force, the United States Marine Corps, the National Guard Bureau, other officers and agencies of the Department of Defense, and the United States Coast Guard.

Phoenix Raven (PR) - The PR teams will deter, detect, and counter threats to DoD personnel and aircraft by performing close-in aircraft security; advising aircrews on force protection measures; accomplishing airfield assessments to document existing security measures and vulnerabilities and assist aircrew members in the performance of their duties, when not performing PR duties.

United States Transportation Command (USTRANSCOM)

The following included by reference have been revised:

The following included by full text have been revised:

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision --

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C.