Solicitation_HTC711-15-R-R008_v6.pdf

USTRANSCOM-AQ - HTC711

508 SCOTT DR

SCOTT AFB IL 62225-5357

CONTACT

BUYER CONTACT

BUYER

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HTC711-15-R-R008 15-May-2015

b. TELEPHONE NUMBER 618-220-7049

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 15 Jun 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDEND

A

X ARE

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

22. UNIT 23. UNIT PRICE 24. AMOUNT 21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTE

D

FAX

NAICS

TEL

CODE 18a. PAYMENT WILL BE MADE BY OFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL

HTC711

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE F3NT31 16. ADMINISTERED

BY 17 AF FM - F3NT31

D'ANGELO, DENNIS

AF BPN NO MILBILLS PROCESSES

UNIT 10340 BLDG 413 RM 213

APO AE 09094-0340

TEL: 314-421-2547 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

BRITA M. DORSEY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED. X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

481211

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: %

FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDEND A

ARE ARE NOT ATTACHED

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. OFFER DATED YOUR OFFER ON

SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24.

AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINAL PARTIAL COMPLET

E

36. PAYMENT 35. AMOUNT

VERIFIED CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED

BY

(Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL

CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

HTC711-15-R-R008

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 12 Months Monthly Basing Fee (Base Year)

FFP

Monthly Basing Fee for 1 dedicated aircraft at Stuttgart AF, GE. The contractor will provide a fixed price monthly fee to base one dedicated aircraft at Stuttgart

AF, GE. This price should include all operating expense required to maintain operations at Stuttgart AF, GE. Aircraft will be available for missions 24 hours per day, 7 days per week IAW the PWS. The amount of this CLIN will be paid on a monthly basis.

FOB: Destination

MAX

NET AMT

PSC Code: V221

UNIT UNIT PRICE MAX AMOUNT

0002 600,000 Miles Actual Mission Miles (Base Year)

FFP

Actual Flight Miles - Air Charter service from Stuttgart AF, GE to various destinations per Attachment 1, Performance Work Statement. The contractor will provide a composite price per GCSM for fixed-wing services. Only flight miles in direct support of this contract IAW PWS para 1.1.1. shall be invoiced. Estimated quantity: 600,000 GCSM. Rates are as follows:

AA. First 200,000 GCSM: ____________ per GCSM

AB. Second 200,000 GCSM: ____________ per GCSM

AC. All Greater than 400,000 GCSM: ____________ per GCSM

UNIT UNIT PRICE MAX AMOUNT

0003 1 Lot

Fuel EPA Reimbursable (Base Year)

FP-EPA

Fuel EPA Reimbursable. Do not provide pricing for this CLIN, payment will be made IAW PWS Para 4.6 – 4.6.7.2. Fuel Adjustments and TRANSFAR Clause

5552.216-9001. The contractor will be reimbursed for fuel purchases in direct airlift support of this contract.

MAX NET AMT

UNIT UNIT PRICE MAX AMOUNT

0004 1 Lot Reimbursables (Base Year)

COST

Do not provide pricing for this CLIN, the contractor will be reimbursed for all services and costs such as landing fees, per diem, taxes, etc., listed in PWS Para

4.2. -4.5.

MAX COST

UNIT UNIT PRICE MAX AMOUNT

0005 1 Each Positioning (Base Year)

COST

Positioning of one (1) aircraft from home base to Stuttgart AF, GE. The contractor will only be reimbursed for the actual cost to position the aircraft from their home base to Stuttgart AF, GE and in accordance with attachment 3.

Home Base of Operations:________________________________________

UNIT UNIT PRICE MAX AMOUNT

0006 1 Each Depositioning (Base Year)

COST

Depositioning of one (1) aircraft from Stuttgart AF, GE to Contractors Home

Base. Depositioning under this CLIN will only be used if the Government does no elect to exercise the first option to extend the contract under FAR 52.217-9 or

FAR 52.217-8. The contractor will only be reimbursed for the actual cost to relocate the aircraft back to their home base indentifed in CLIN 0005 and in accordance with attachment 3.

UNIT UNIT PRICE MAX AMOUNT

0007 1 Each Minimum Guarantee/Post Award Conference

COST

The minimum guarantee for this contract is $2500. The Contracting Officer, may at his sole discretion, require a face-to-face post award conference IAW PWS para 16.

UNIT UNIT PRICE MAX AMOUNT

1001 12 Months OPTION Monthly Basing Fee (Option Year 1)

FFP

Monthly Basing Fee for 1 dedicated aircraft at Stuttgart AF, GE. The contractor will provide a fixed price monthly fee to base one dedicated aircraft at Stuttgart

AF, GE. This price should include all operating expense required to maintain operations at Stuttgart AF, GE. Aircraft will be available for missions 24 hours per day, 7 days per week IAW the PWS. The amount of this CLIN will be paid on

UNIT UNIT PRICE MAX AMOUNT

1002 600,000 Miles OPTION Actual Mission Miles (Option Year 1)

FFP

Actual Flight Miles - Air Charter service from Stuttgart AF, GE to various destinations per Attachment 1, Performance Work Statement. The contractor will provide a composite price per GCSM for fixed-wing services. Only flight miles in direct support of this contract IAW PWS para 1.1.1. shall be invoiced. Estimated quantity: 600,000 GCSM. Rates are as follows:

AA. First 200,000 GCSM: ____________ per GCSM

AB. Second 200,000 GCSM: ____________ per GCSM

UNIT UNIT PRICE MAX AMOUNT

1003 1 Lot

OPTION Fuel EPA Reimbursable (Option Year 1)

FP-EPA

Fuel EPA Reimbursable. Do not provide pricing for this CLIN, payment will be made IAW PWS Para 4.6 – 4.6.7.2. Fuel Adjustments and TRANSFAR Clause

5552.216-9001. The contractor will be reimbursed for fuel purchases in direct

UNIT UNIT PRICE MAX AMOUNT

1004 1 Lot OPTION Reimbursables (Option Year 1)

COST

Do not provide pricing for this CLIN, the contractor will be reimbursed for all services and costs such as landing fees, per diem, taxes, etc., listed in PWS Para

UNIT UNIT PRICE MAX AMOUNT

1005 12 Months OPTION Monthly Basing Fee Surge (Option Year 1)

FFP

Monthly Basing Fee for 1 dedicated surge aircraft at Stuttgart AF, GE. The contractor will provide a fixed price monthly fee to base one surge aircraft at

Stuttgart AF, GE. This price should include all operating expense required to maintain operations at Stuttgart AF, GE. Aircraft will be available for missions 24 hours per day, 7 days per week IAW the PWS. The amount of this CLIN will be paid on a monthly basis. The Government reserves the right not to exercise this

CLIN as part of Option Year 1 renewal.

UNIT UNIT PRICE MAX AMOUNT

1006 1 Each OPTION Positioning Surge (Option Year 1)

COST

Positioning of one (1) surge aircraft from home base to Stuttgart AF, GE. The contractor will only be reimbursed for the actual cost to position the aircraft from their home base to Stuttgart AF, GE and in accordance with attachment 3. The

Government reserves the right not to exercise this CLIN as part of Option Year 1 renewal.

UNIT UNIT PRICE MAX AMOUNT

1007 1 Each OPTION Depositioning (Option Year 1)

COST

Depositioning of one (1) dedicated aircraft from Stuttgart AF, GE to Contractors

Home Base. Depositioning under this CLIN will only be used if the Government does no elect to exercise the first option to extend the contract under FAR

52.217-9 or FAR 52.217-8. The contractor will only be reimbursed for the actual cost to relocate the aircraft back to their home base indentifed in CLIN 0005 and in accordance with attachment 3.

UNIT UNIT PRICE MAX AMOUNT

1008 1 Each OPTION Depositioning Surge (Option Year 1)

COST

Depositioning of one (1) surge aircraft from Stuttgart AF, GE to Contractors

Home Base. Depositioning under this CLIN will only be used if the Government does no elect to exercise the first option to extend the contract under FAR

52.217-9 or FAR 52.217-8. The contractor will only be reimbursed for the actual cost to relocate the aircraft back to their home base indentifed in CLIN 1006 and in accordance with attachment 3.

UNIT UNIT PRICE MAX AMOUNT

2001 12 Months OPTION Monthly Basing Fee (Option Year 2)

FFP

Monthly Basing Fee for 1 dedicated aircraft at Stuttgart AF, GE. The contractor will provide a fixed price monthly fee to base one dedicated aircraft at Stuttgart

AF, GE. This price should include all operating expense required to maintain operations at Stuttgart AF, GE. Aircraft will be available for missions 24 hours per day, 7 days per week IAW the PWS. The amount of this CLIN will be paid on

UNIT UNIT PRICE MAX AMOUNT

2002 600,000 Miles OPTION Actual Mission Miles (Option Year 2)

FFP

Actual Flight Miles - Air Charter service from Stuttgart AF, GE to various destinations per Attachment 1, Performance Work Statement. The contractor will provide a composite price per GCSM for fixed-wing services. Only flight miles in direct support of this contract IAW PWS para 1.1.1. shall be invoiced. Estimated quantity: 600,000 GCSM. Rates are as follows:

AA. First 200,000 GCSM: ____________ per GCSM

AB. Second 200,000 GCSM: ____________ per GCSM

UNIT UNIT PRICE MAX AMOUNT

2003 1 Lot

OPTION Fuel EPA Reimbursable (Option Year 2)

FP-EPA

Fuel EPA Reimbursable. Do not provide pricing for this CLIN, payment will be made IAW PWS Para 4.6 – 4.6.7.2. Fuel Adjustments and TRANSFAR Clause

5552.216-9001. The contractor will be reimbursed for fuel purchases in direct

UNIT UNIT PRICE MAX AMOUNT

2004 1 Lot OPTION Reimbursables (Option Year 2)

COST

Do not provide pricing for this CLIN, the contractor will be reimbursed for all services and costs such as landing fees, per diem, taxes, etc., listed in PWS Para

UNIT UNIT PRICE MAX AMOUNT

2005 12 Months OPTION Monthly Basing Fee Surge (Option Year 2)

FFP

Monthly Basing Fee for 1 dedicated surge aircraft at Stuttgart AF, GE. The contractor will provide a fixed price monthly fee to base one surge aircraft at

Stuttgart AF, GE. This price should include all operating expense required to maintain operations at Stuttgart AF, GE. Aircraft will be available for missions 24 hours per day, 7 days per week IAW the PWS. The amount of this CLIN will be paid on a monthly basis. The Government reserves the right not to exercise this

CLIN as part of Option Year 2 renewal.

UNIT UNIT PRICE MAX AMOUNT

2006 1 Each OPTION Positioning Surge (Option Year 2)

COST

Positioning of one (1) surge aircraft from home base to Stuttgart AF, GE. The contractor will only be reimbursed for the actual cost to position the aircraft from their home base to Stuttgart AF, GE and in accordance with attachment 3. The

Government reserves the right not to exercise this CLIN as part of Option Year 2 renewal.

UNIT UNIT PRICE MAX AMOUNT

2007 1 Each OPTION Depositioning (Option Year 2)

COST

Depositioning of one (1) dedicated aircraft from Stuttgart AF, GE to Contractors

Home Base. Depositioning under this CLIN will only be used if the Government does no elect to exercise the first option to extend the contract under FAR

52.217-9 or FAR 52.217-8. The contractor will only be reimbursed for the actual cost to relocate the aircraft back to their home base indentifed in CLIN 0005 and in accordance with attachment 3.

UNIT UNIT PRICE MAX AMOUNT

2008 1 Each OPTION Depositioning Surge (Option Year 2)

COST

Depositioning of one (1) surge aircraft from Stuttgart AF, GE to Contractors

Home Base. Depositioning under this CLIN will only be used if the Government does no elect to exercise the first option to extend the contract under FAR

52.217-9 or FAR 52.217-8. The contractor will only be reimbursed for the actual cost to relocate the aircraft back to their home base indentifed in the Positioning

Surge CLIN ordered and in accordance with attachment 3.

UNIT UNIT PRICE MAX AMOUNT

3001 12 Months OPTION Monthly Basing Fee (Option Year 3)

FFP

Monthly Basing Fee for 1 dedicated aircraft at Stuttgart AF, GE. The contractor will provide a fixed price monthly fee to base one dedicated aircraft at Stuttgart

AF, GE. This price should include all operating expense required to maintain operations at Stuttgart AF, GE. Aircraft will be available for missions 24 hours per day, 7 days per week IAW the PWS. The amount of this CLIN will be paid on

UNIT UNIT PRICE MAX AMOUNT

3002 600,000 Miles OPTION Actual Mission Miles (Option Year 3)

FFP

Actual Flight Miles - Air Charter service from Stuttgart AF, GE to various destinations per Attachment 1, Performance Work Statement. The contractor will provide a composite price per GCSM for fixed-wing services. Only flight miles in direct support of this contract IAW PWS para 1.1.1. shall be invoiced. Estimated quantity: 600,000 GCSM. Rates are as follows:

AA. First 200,000 GCSM: ____________ per GCSM

AB. Second 200,000 GCSM: ____________ per GCSM

UNIT UNIT PRICE MAX AMOUNT

3003 1 Lot

OPTION Fuel EPA Reimbursable (Option Year 3)

FP-EPA

Fuel EPA Reimbursable. Do not provide pricing for this CLIN, payment will be made IAW PWS Para 4.6 – 4.6.7.2. Fuel Adjustments and TRANSFAR Clause

5552.216-9001. The contractor will be reimbursed for fuel purchases in direct

UNIT UNIT PRICE MAX AMOUNT

3004 1 Lot OPTION Reimbursables (Option Year 3)

COST

Do not provide pricing for this CLIN, the contractor will be reimbursed for all services and costs such as landing fees, per diem, taxes, etc., listed in PWS Para

UNIT UNIT PRICE MAX AMOUNT

3005 12 Months OPTION Monthly Basing Fee Surge (Option Year 3)

FFP

Monthly Basing Fee for 1 dedicated surge aircraft at Stuttgart AF, GE. The contractor will provide a fixed price monthly fee to base one surge aircraft at

Stuttgart AF, GE. This price should include all operating expense required to maintain operations at Stuttgart AF, GE. Aircraft will be available for missions 24 hours per day, 7 days per week IAW the PWS. The amount of this CLIN will be paid on a monthly basis. The Government reserves the right not to exercise this

CLIN as part of Option Year 3 renewal.

UNIT UNIT PRICE MAX AMOUNT

3006 1 Each OPTION Positioning Surge (Option Year 3)

COST

Positioning of one (1) surge aircraft from home base to Stuttgart AF, GE. The contractor will only be reimbursed for the actual cost to position the aircraft from their home base to Stuttgart AF, GE and in accordance with attachment 3. The

Government reserves the right not to exercise this CLIN as part of Option Year 3 renewal.

UNIT UNIT PRICE MAX AMOUNT

3007 1 Each OPTION Depositioning (Option Year 3)

COST

Depositioning of one (1) dedicated aircraft from Stuttgart AF, GE to Contractors

Home Base. Depositioning under this CLIN will only be used if the Government does no elect to exercise the first option to extend the contract under FAR

52.217-9 or FAR 52.217-8. The contractor will only be reimbursed for the actual cost to relocate the aircraft back to their home base indentifed in CLIN 0005 and in accordance with attachment 3.

UNIT UNIT PRICE MAX AMOUNT

3008 1 Each OPTION Depositioning Surge (Option Year 3)

COST

Depositioning of one (1) surge aircraft from Stuttgart AF, GE to Contractors

Home Base. Depositioning under this CLIN will only be used if the Government does no elect to exercise the first option to extend the contract under FAR

52.217-9 or FAR 52.217-8. The contractor will only be reimbursed for the actual cost to relocate the aircraft back to their home base indentifed in the Positioning

Surge CLIN ordered and in accordance with attachment 3.

UNIT UNIT PRICE MAX AMOUNT

4001 12 Months OPTION Monthly Basing Fee (Option Year 4)

FFP

Monthly Basing Fee for 1 dedicated aircraft at Stuttgart AF, GE. The contractor will provide a fixed price monthly fee to base one dedicated aircraft at Stuttgart

AF, GE. This price should include all operating expense required to maintain operations at Stuttgart AF, GE. Aircraft will be available for missions 24 hours per day, 7 days per week IAW the PWS. The amount of this CLIN will be paid on

UNIT UNIT PRICE MAX AMOUNT

4002 600,000 Miles OPTION Actual Mission Miles (Option Year 4)

FFP

Actual Flight Miles - Air Charter service from Stuttgart AF, GE to various destinations per Attachment 1, Performance Work Statement. The contractor will provide a composite price per GCSM for fixed-wing services. Only flight miles in direct support of this contract IAW PWS para 1.1.1. shall be invoiced. Estimated quantity: 600,000 GCSM. Rates are as follows:

AA. First 200,000 GCSM: ____________ per GCSM

AB. Second 200,000 GCSM: ____________ per GCSM

UNIT UNIT PRICE MAX AMOUNT

4003 1 Lot

OPTION Fuel EPA Reimbursable (Option Year 4)

FP-EPA

Fuel EPA Reimbursable. Do not provide pricing for this CLIN, payment will be made IAW PWS Para 4.6 – 4.6.7.2. Fuel Adjustments and TRANSFAR Clause

5552.216-9001. The contractor will be reimbursed for fuel purchases in direct

UNIT UNIT PRICE MAX AMOUNT

4004 1 Lot OPTION Reimbursables (Option Year 4)

COST

Do not provide pricing for this CLIN, the contractor will be reimbursed for all services and costs such as landing fees, per diem, taxes, etc., listed in PWS Para

UNIT UNIT PRICE MAX AMOUNT

4005 12 Months OPTION Monthly Basing Fee Surge (Option Year 4)

FFP

Monthly Basing Fee for 1 dedicated surge aircraft at Stuttgart AF, GE. The contractor will provide a fixed price monthly fee to base one surge aircraft at

Stuttgart AF, GE. This price should include all operating expense required to maintain operations at Stuttgart AF, GE. Aircraft will be available for missions 24 hours per day, 7 days per week IAW the PWS. The amount of this CLIN will be paid on a monthly basis. The Government reserves the right not to exercise this

CLIN as part of Option Year 4 renewal.

UNIT UNIT PRICE MAX AMOUNT

4006 1 Each OPTION Positioning Surge (Option Year 4)

COST

Positioning of one (1) surge aircraft from home base to Stuttgart AF, GE. The contractor will only be reimbursed for the actual cost to position the aircraft from their home base to Stuttgart AF, GE and in accordance with attachment 3. The

Government reserves the right not to exercise this CLIN as part of Option Year 4 renewal.

UNIT UNIT PRICE MAX AMOUNT

4007 1 Each OPTION Depositioning (Option Year 4)

COST

Depositioning of one (1) dedicated aircraft from Stuttgart AF, GE to Contractors

Home Base. Depositioning under this CLIN will only be used if the Government does no elect to exercise the first option to extend the contract under FAR

52.217-9 or FAR 52.217-8. The contractor will only be reimbursed for the actual cost to relocate the aircraft back to their home base indentifed in CLIN 0005 and in accordance with attachment 3.

UNIT UNIT PRICE MAX AMOUNT

4008 1 Each OPTION Depositioning Surge (Option Year 4)

COST

Depositioning of one (1) surge aircraft from Stuttgart AF, GE to Contractors

Home Base. Depositioning under this CLIN will only be used if the Government does no elect to exercise the first option to extend the contract under FAR

52.217-9 or FAR 52.217-8. The contractor will only be reimbursed for the actual cost to relocate the aircraft back to their home base indentifed in the Positioning

Surge CLIN ordered and in accordance with attachment 3.

UNIT UNIT PRICE MAX AMOUNT

5001 6 Months OPTION Monthly Basing Fee (6 Month Extension)

FFP

Monthly Basing Fee for 1 dedicated aircraft at Stuttgart AF, GE. The contractor will provide a fixed price monthly fee to base one dedicated aircraft at Stuttgart

AF, GE. This price should include all operating expense required to maintain operations at Stuttgart AF, GE. Aircraft will be available for missions 24 hours per day, 7 days per week IAW the PWS. The amount of this CLIN will be paid on

UNIT UNIT PRICE MAX AMOUNT

5002 300,000 Miles OPTION Actual Mission Miles (6 Month Extension)

FFP

Actual Flight Miles - Air Charter service from Stuttgart AF, GE to various destinations per Attachment 1, Performance Work Statement. The contractor will provide a composite price per GCSM for fixed-wing services. Only flight miles in direct support of this contract IAW PWS para 1.1.1. shall be invoiced. Estimated quantity: 300,000 GCSM. Rates are as follows:

AA. First 100,000 GCSM: ____________ per GCSM

AB. Second 100,000 GCSM: ____________ per GCSM

AC. All Greater than 200,000 GCSM: ____________ per GCSM

UNIT UNIT PRICE MAX AMOUNT

5003 1 Lot

OPTION Fuel EPA Reimbursable(6 Month Extension)

FP-EPA

Fuel EPA Reimbursable. Do not provide pricing for this CLIN, payment will be made IAW PWS Para 4.6 – 4.6.7.2. Fuel Adjustments and TRANSFAR Clause

5552.216-9001. The contractor will be reimbursed for fuel purchases in direct

UNIT UNIT PRICE MAX AMOUNT

5004 1 Lot OPTION Reimbursables (6 Month Extension)

COST

Do not provide pricing for this CLIN, the contractor will be reimbursed for all services and costs such as landing fees, per diem, taxes, etc., listed in PWS Para

UNIT UNIT PRICE MAX AMOUNT

5005 6 Months OPTION Monthly Basing Fee Surge (6 Month Ext.)

FFP

Monthly Basing Fee for 1 dedicated surge aircraft at Stuttgart AF, GE. The contractor will provide a fixed price monthly fee to base one surge aircraft at

Stuttgart AF, GE. This price should include all operating expense required to maintain operations at Stuttgart AF, GE. Aircraft will be available for missions 24 hours per day, 7 days per week IAW the PWS. The amount of this CLIN will be paid on a monthly basis. The Government reserves the right not to exercise this

CLIN as part of 6-month extension period.

UNIT UNIT PRICE MAX AMOUNT

5006 1 Each OPTION Depositioning (6 Month Extension)

COST

Depositioning of one (1) dedicated aircraft from Stuttgart AF, GE to Contractors

Home Base. Depositioning under this CLIN will only be used if the Government does no elect to exercise the first option to extend the contract under FAR

52.217-9 or FAR 52.217-8. The contractor will only be reimbursed for the actual cost to relocate the aircraft back to their home base indentifed in CLIN 0005 and in accordance with attachment 3.

UNIT UNIT PRICE MAX AMOUNT

5007 1 Each OPTION Depositioning Surge (6 Month Extension)

COST

Depositioning of one (1) surge aircraft from Stuttgart AF, GE to Contractors

Home Base. Depositioning under this CLIN will only be used if the Government does no elect to exercise the first option to extend the contract under FAR

52.217-9 or FAR 52.217-8. The contractor will only be reimbursed for the actual cost to relocate the aircraft back to their home base indentifed in CLIN 1006 and in accordance with attachment 3.

IDC CONTRAINTS MIN/MAX

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum order value for this Indefinite Delivery/Indefinite Quantity contract is established at $2,500.00 for the

Base Year. The guaranteed minimum applies to the Base Year only. The guaranteed minimum does not apply to the

Option Years. The maximum quantity for this contract shall not exceed 50% more than the estimated number of mission miles.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-OCT-2015 TO

30-SEP-2016

N/A 17 AF FM - F3NT31

D'ANGELO, DENNIS

AF BPN NO MILBILLS PROCESSES

UNIT 10340 BLDG 413 RM 213

APO AE 09094-0340

314-421-2547

F3NT31

0002 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

0007 POP 01-OCT-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-OCT-2016 TO

30-SEP-2017

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1007 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1008 POP 01-OCT-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-OCT-2017 TO

30-SEP-2018

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2007 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2008 POP 01-OCT-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-OCT-2018 TO

30-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-OCT-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-OCT-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-OCT-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-OCT-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 01-OCT-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3007 POP 01-OCT-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3008 POP 01-OCT-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-OCT-2019 TO

30-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

4007 POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

4008 POP 01-OCT-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

5001 POP 01-OCT-2020 TO

31-MAR-2021

N/A (SAME AS PREVIOUS LOCATION)

5002 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

5003 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

5004 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

5005 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

5006 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

5007 POP 01-OCT-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

0007 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

1005 Destination Government Destination Government

1006 Destination Government Destination Government

1007 Destination Government Destination Government

1008 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

2005 Destination Government Destination Government

2006 Destination Government Destination Government

2007 Destination Government Destination Government

2008 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government

3005 Destination Government Destination Government

3006 Destination Government Destination Government

3007 Destination Government Destination Government

3008 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

4004 Destination Government Destination Government

4005 Destination Government Destination Government

4006 Destination Government Destination Government

4007 Destination Government Destination Government

4008 Destination Government Destination Government

5001 Destination Government Destination Government

5002 Destination Government Destination Government

5003 Destination Government Destination Government

5004 Destination Government Destination Government

5005 Destination Government Destination Government

5006 Destination Government Destination Government

5007 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

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

(Sep 2006) -- Alternate I

OCT 1995

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010

52.204-10 Reporting Executive Compensation and First-Tier Subcontract

Awards

JUL 2013

52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

JAN 2014

52.204-18 Commercial and Government Entity Code Maintenance NOV 2014

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

AUG 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

DEC 2014

52.212-4 Contract Terms and Conditions--Commercial Items DEC 2014

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-35 Equal Opportunity for Veterans JUL 2014

52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014

52.222-37 Employment Reports on Veterans JUL 2014

52.222-50 Combating Trafficking in Persons MAR 2015

52.222-53 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements

MAY 2014

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014

52.232-18 Availability Of Funds APR 1984

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General DEC 2012

252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.225-7012 Preference For Certain Domestic Commodities FEB 2013

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (JULY 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information

System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

https://www.acquisition.gov/

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of

Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the

Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of

Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (MAR 2015)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1

(41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

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

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

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--

Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.216-18 ORDERING. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 October

2015 through 31 March 2021.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of 2 aircraft ;

(2) Any order for a combination of items in excess of 2 aircraft; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 1 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

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

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

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 March 2021.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 30

Sept 2020.

52.222-50 COMBATING TRAFFICKING IN PERSONS (Mar 2015) Alternate 1 (Mar 2015)

(a) Definitions. As used in this clause—

“Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.

“Coercion” means—

(1) Threats of serious harm to or physical restraint against any person;

(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or

(3) The abuse or threatened abuse of the legal process.

“Commercially available off-the-shelf (COTS) item” means—

(1) Any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.

“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.

“Forced Labor” means knowingly providing or obtaining the labor or services of a person—

(1) By threats of serious harm to, or physical restraint against, that person or another person;

(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or

(3) By means of the abuse or threatened abuse of law or the legal process.

“Involuntary servitude” includes a condition of servitude induced by means of—

(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or

(2) The abuse or threatened abuse of the legal process.

“Severe forms of trafficking in persons” means—

(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not—

(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

(2) Procure commercial sex acts during the period of performance of the contract;

(3) Use forced labor in the performance of the contract;

(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee’s identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;

(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the worker, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant cost to be charged to the employee, and, if applicable, the hazardous nature of the work;

(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

(6) Charge employees recruitment fees;

(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment—

(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S.