HTC711-18-R-CC04,_Conformed_Sections_A_thru_M,_Amend_0006.pdf

HTC711-18-R-CC04

as of Amendment 0006

PART I – THE SCHEDULE

SECTION A – SOLICITATION / CONTRACT FORM

Your attention is directed to Section L, Instructions, Conditions and Notices to Offerors and Section M, Evaluation Factors for Award. The Government may award a contract without discussions, based solely on initial offers received. Therefore, each initial offer received should be submitted on the most favorable terms.

SUBMISSION OF QUESTIONS

Any and all questions concerning this solicitation must be submitted via email to EACH of the following:

Mr. Mickey Muskopf, Contracting Officer (CO), michael.w.muskopf.civ@mail.mil Ms. Lynda Lang, Contract Specialist, lynda.y.lang.civ@mail.mil

Written questions will be answered in writing and provided to all Offerors via FedBizOpps. Solicitation changes will be made via formal amendments. However, due to the time required to research questions and provide answers, questions received less than ten calendar days prior to the due date of offers specified in this solicitation may not be answered. Communications should be submitted in the following format:

Reference: [Page Number, Paragraph Number] Question:

SUBMISSION OF PROPOSALS

Offerors are responsible for submitting proposals via AMRDEC’s Safe Access File Exchange (SAFE) system https://safe.amrdec.army.mil/safe to the e-mail addresses listed in Submission of Questions above, in accordance with Section L – Instructions to Offerors by the date/time specified in Section L-4.

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B-1. NON-ACTIVATION ENTITLEMENT BY CATEGORY

Small Medium Large I MFE* Large I Large II

CARGO TBD

PASSENGER TBD

*Modern Fuel Efficient (MFE)

B-2. PRICING

B.2.1. The Negotiated Uniform Rates and Rules, hereafter referred to as the “Rates and Rules”, is incorporated by reference and available at www.fedbizopps.gov.

B.2.2. Charter Airlift Services will be paid in accordance with the Rates and Rules for NON-STOP International Long - and Short-Range Commercial Augmentation based on the shortest route between two locations per COINS. The Government acknowledges the COINS mileage calculations may not reflect the actual route flown which is predominantly addressed in the rate process. If unique circumstances cause significant discrepancies, prior to award, a carrier may request establishment of Special Miles per Section H or a one-time review by the Contracting Officer requesting a determination as to whether additional pay miles are warranted.

B.2.3. The Government may establish rates by negotiation for Charter Airlift Services not covered by the Rates and Rules.

B.2.4. Domestic Activation Rate Refresh. Contractors shall have the opportunity to request a Rate Refresh for Domestic Activation rates within 30 days of the preliminary notification of the Government’s intent to exercise the options periods, IAW FAR 52.217-9, Option to Extend the Term of the Contract (Mar 2000). Other than certified cost or pricing information may be requested to assist in negotiations and/or the price reasonableness determination.

B-3. MINIMUM GUARANTEE

The minimum guarantee will not exceed $3,000 per carrier for each Indefinite Delivery Indefinite Quantity (IDIQ) award and will be paid based on actual costs incurred in accordance with (IAW) the Joint Travel Regulations (JTR) for attendance at the Mobility Representative (MOBREP) Training Seminar, for up to 2 MOBREPs per carrier.

B-4. MAXIMUM AWARD

The maximum program ceiling is $11.9 Billion.

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B-4

Reimbursables Fixed Price w/EPA

Base Period, Year 1 (Period of Performance (POP), 1 Oct 18 - 30 Sep 19)

SubCLINS (SLIN) for additional charges not included in the Uniform Rates and Rules which may be recognized and reimbursed at cost if incurred in the performance of this contract and approved by the Contracting Officer (CO)(i.e.

Fuel adjustments, MOBREP Training Seminar, etc.) will be awarded at the Task Order level.

Domestic CRAF Activation Fixed Price w/EPA

Base Period, Year 1 (POP 1 Oct 18 - 30 Sep 19) Domestic Charter Passenger Airlift and/or Domestic Charter Cargo Airlift and related support services to be performed IAW the PWS up to and including the full capacity of all aircraft included in the ACAS Segment Report, pursuant to Attachment 4 Section VI(g), during any Stage of Domestic CRAF Activation.

CLINS 0002 - 0011 may be utilized at the Task Order level for requirements identified during any stage of Domestic CRAF Activation.

International CRAF Activation Fixed Price w/EPA

Base Period, Year 1 (POP 1 Oct 18 - 30 Sep 19) International Charter Airlift and related support services to be performed IAW the PWS up to and including the full capacity of all aircraft included in the ACAS Segment Report, pursuant to Attachment 4 Section VI(g), during any Stage of CRAF Activation.

CLINS 0012 - 0027 may be utilized at the Task Order level for requirements identified during any stage of International CRAF Activation.

International Charter Airlift Services--Non-Activation Fixed Price w/EPA

Expansion Base Period, Year 1 (POP 1 Oct 18 - 30 Sep 2019)

International Charter Airlift and related support services to be performed IAW the PWS. Expansion requirements will be awarded via Task Orders issued IAW Attachment 4, Commitment, Entitlement and Ordering Procedures.

Services will be paid IAW the current year Uniform Rates and Rules incorporated by reference.

CLINS 0028 - 0043 may be utilized at the Task Order level for requirements not included in annual Fixed Awards.

International Charter Airlift Services--Non-Activation Fixed Price w/EPA

Fixed Award Base Period, Year 1 (POP 1 Oct 18 - 30 Sep 19)

International Charter Airlift and related support services to be performed IAW the PWS. Fixed Award routes/CLINS identified on Attachment 12 will be awarded at the Task Order level IAW Attachment 4, Commitment, Entitlement and Ordering Procedures.

Services will be paid IAW the current year Uniform Rates and Rules incorporated by reference.

Fixed Awards may be utilized starting at CLINS 0044 and move in sequential order at the Task Order level for the fixed requirements.

# TBD in Quantity column denotes : To Be Determined at time of notification

$20,000,000.00

$905,000,000.00

$1,063,000,000.

Estimated

TBD

TBD

Estimated

Estimated

Estimated $20,000,000.00

TBD

TBD

Estimated $905,000,000.00

Estimated $1,063,000,000.0

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B-5

Reimbursables Cost No Fee

Base Period, Year 2 (Period of Performance, 1 Oct 19 - 30 Sep 20)

SLINS for additional charges not included in the Uniform Rates and Rules which may be recognized and reimbursed at cost if incurred in the performance of this contract and approved by the Contracting Officer (CO)(i.e. Fuel adjustments, MOBREP Training Seminar, etc.) will be awarded at the Task Order level.

Domestic CRAF Activation Fixed Price w/EPA

Base Period, Year 2 (Period of Performance 1 Oct 19 - 30 Sep 20) Domestic Charter Passenger Airlift and/or Domestic Charter Cargo Airlift and related support services to be performed IAW the PWS up to and including the full capacity of all aircraft included in the ACAS Segment Report, pursuant to Attachment 4 Section VI(g), during any Stage of Domestic CRAF Activation.

CLINS 1002 - 1011 may be utilized at the Task Order level for requirements identified during any stage of Domestic CRAF Activation.

International CRAF Activation Fixed Price w/EPA

Base Period, Year 2 (Period of Performance 1 Oct 19 - 30 Sep 20) International Charter Airlift and related support services to be performed IAW the PWS up to and including the full capacity of all aircraft included in the ACAS Segment Report, pursuant to Attachment 4 Section VI(g), during any Stage of CRAF Activation.

CLINS 1012 - 1027 may be utilized at the Task Order level for requirements identified during any stage of International CRAF Activation.

International Charter Airlift Services--Non-Activation Fixed Price w/EPA

Expansion Base Period, Year 2 (Period of Performance 1 Oct 19 - 30 Sep 20)

International Charter Airlift and related support services to be performed IAW the PWS. Expansion requirements will be awarded via Task Orders issued IAW Attachment 4, Commitment, Entitlement and Ordering Procedures.

Services will be paid IAW the current year Uniform Rates and Rules incorporated by reference.

CLINS 1028 - 1043 may be utilized at the Task Order level for requirements not included in annual Fixed Awards.

International Charter Airlift Services--Non-Activation Fixed Price w/EPA

Fixed Award Base Period, Year 2 (POP 1 Oct 19 - 30 Sep 20)

International Charter Airlift and related support services to be performed IAW the PWS. Fixed Award routes/CLINS identified on Attachment 12 will be awarded at the Task Order level IAW Attachment 4, Commitment, Entitlement and Ordering Procedures.

Services will be paid IAW the current year Uniform Rates and Rules incorporated by reference.

Fixed Awards may be utilized starting at CLINS 1044 and move in sequential order at the Task Order level for the fixed requirements.

# TBD in Quantity column denotes : To Be Determined at time of notification

$20,000,000.00

$905,000,000.00

$1,063,000,000.

TBD

TBD

TBD

Estimated

Estimated

TBD

$20,000,000.00

TBD

TBD

Estimated $905,000,000.00

Estimated $1,063,000,000.0

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B-6

Reimbursables Cost No Fee

Option Period 1, Year 1 (Period of Performance, 1 Oct 20 - 30 Sep 21)

SLINS for additional charges not included in the Uniform Rates and Rules which may be recognized and reimbursed at cost if incurred in the performance of this contract and approved by the Contracting Officer (CO)(i.e. Fuel adjustments, MOBREP Training Seminar, etc.) will be awarded at the Task Order level.

Domestic CRAF Activation Fixed Price w/EPA

Option Period 1, Year 1 (Period of Performance 1 Oct 20 - 30 Sep 21) Domestic Charter Passenger Airlift and/or Domestic Charter Cargo Airlift and related support services to be performed IAW the PWS up to and including the full capacity of all aircraft included in the ACAS Segment Report, pursuant to Attachment 4 Section VI(g), during any Stage of Domestic CRAF Activation.

CLINS 2002 - 2011 may be utilized at the Task Order level for requirements identified during any stage of Domestic CRAF Activation.

International CRAF Activation Fixed Price w/EPA

Option Period 1, Year 1 (Period of Performance 1 Oct 20 - 30 Sep 21) International Charter Airlift and related support services to be performed IAW the PWS up to and including the full capacity of all aircraft included in the ACAS Segment Report, pursuant to Attachment 4 Section VI(g), during any Stage of CRAF Activation.

CLINS 2012 - 2027 may be utilized at the Task Order level for requirements identified during any stage of International CRAF Activation.

International Charter Airlift Services--Non-Activation Fixed Price w/EPA

Expansion Option Period 1, Year 1 (Period of Performance 1 Oct 20 - 30 Sep 21)

International Charter Airlift and related support services to be performed IAW the PWS. Expansion requirements will be awarded via Task Orders issued IAW Attachment 4, Commitment, Entitlement and Ordering Procedures.

Services will be paid IAW the current year Uniform Rates and Rules incorporated by reference.

CLINS 2028 - 2043 may be utilized at the Task Order level for requirements not included in annual Fixed Awards.

International Charter Airlift Services--Non-Activation Fixed Award Option Period 1, Year 1 (Period of Performance 1 Oct 20 - 30 Sep 21)

International Charter Airlift and related support services to be performed IAW the PWS. Fixed Award routes/CLINS identified on Attachment 12 will be awarded at the Task Order level IAW Attachment 4, Commitment, Entitlement and Ordering Procedures.

Services will be paid IAW the current year Uniform Rates and Rules incorporated by reference.

Fixed Awards may be utilized starting at CLINS 2044 and move in sequential order at the Task Order level for the fixed requirements.

# TBD in Quantity column denotes : To Be Determined at time of notification

$20,000,000.00

$905,000,000.00

$1,063,000,000.

Estimated

TBD

TBD

TBD

Estimated

Estimated $20,000,000.00

TBD

TBD

TBD

$905,000,000.00

Estimated $1,063,000,000.0

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B-7

Reimbursables Cost No Fee

Option Period 1, Year 2 (Period of Performance, 1 Oct 21 - 30 Sep 22)

SLINS for additional charges not included in the Uniform Rates and Rules which may be recognized and reimbursed at cost if incurred in the performance of this contract and approved by the Contracting Officer (CO)(i.e. Fuel adjustments, MOBREP Training Seminar, etc.) will be awarded at the Task Order level.

Domestic CRAF Activation Fixed Price w/EPA

Option Period 1, Year 2 (Period of Performance 1 Oct 21 - 30 Sep 22) Domestic Charter Passenger Airlift and/or Domestic Charter Cargo Airlift and related support services to be performed IAW the PWS up to and including the full capacity of all aircraft included in the ACAS Segment Report, pursuant to Attachment 4 Section VI(g), during any Stage of Domestic CRAF Activation.

CLINS 3002 - 3011 may be utilized at the Task Order level for requirements identified during any stage of Domestic CRAF Activation.

International CRAF Activation Fixed Price w/EPA

Option Period 1, Year 2 (Period of Performance 1 Oct 21 - 30 Sep 22) International Charter Airlift and related support services to be performed IAW the PWS up to and including the full capacity of all aircraft included in the ACAS Segment Report, pursuant to Attachment 4 Section VI(g), during any Stage of CRAF Activation.

CLINS 3012 - 3027 may be utilized at the Task Order level for requirements identified during any stage of International CRAF Activation.

International Charter Airlift Services--Non-Activation Fixed Price w/EPA

Expansion Option Period 1, Year 2 (Period of Performance 1 Oct 21 - 30 Sep 22)

International Charter Airlift and related support services to be performed IAW the PWS. Expansion requirements will be awarded via Task Orders issued IAW Attachment 4, Commitment, Entitlement and Ordering Procedures.

Services will be paid IAW the current year Uniform Rates and Rules incorporated by reference.

CLINS 3028 - 3043 may be utilized at the Task Order level for requirements not included in annual Fixed Awards.

International Charter Airlift Services--Non-Activation Fixed Price w/EPA

Fixed Award Option Period 1, Year 2 (Period of Performance 1 Oct 21 - 30 Sep 22)

International Charter Airlift and related support services to be performed IAW the PWS. Fixed Award routes/CLINS identified on Attachment 12 will be awarded at the Task Order level IAW Attachment 4, Commitment, Entitlement and Ordering Procedures.

Services will be paid IAW the current year Uniform Rates and Rules incorporated by reference.

Fixed Awards may be utilized starting at CLINS 3044 and move in sequential order at the Task Order level for the fixed requirements.

# TBD in Quantity column denotes : To Be Determined at time of notification

$20,000,000.00

$905,000,000.00

$1,063,000,000.

Estimated

TBD

TBD

Estimated

Estimated

Estimated $20,000,000.00

TBD

TBD

Estimated $905,000,000.00

Estimated $1,063,000,000.0

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B-8

Reimbursables Cost No Fee

Option Period 2, Year 1 (Period of Performance, 1 Oct 22 - 30 Sep 23)

SLINS for additional charges not included in the Uniform Rates and Rules which may be recognized and reimbursed at cost if incurred in the performance of this contract and approved by the Contracting Officer (CO)(i.e. Fuel adjustments, MOBREP Training Seminar, etc.) will be awarded at the Task Order level.

Domestic CRAF Fixed Price w/EPA

Option Period 2, Year 1 (Period of Performance 1 Oct 22 - 30 Sep 23) Domestic Charter Passenger Airlift and/or Domestic Charter Cargo Airlift and related support services to be performed IAW the PWS up to and including the full capacity of all aircraft included in the ACAS Segment Report, pursuant to Attachment 4 Section VI(g), during any Stage of Domestic CRAF Activation.

CLINS 4002 - 4011 may be utilized at the Task Order level for requirements identified during any stage of Domestic CRAF Activation.

International CRAF Activation Fixed Price w/EPA

Option Period 2, Year 1 (Period of Performance 1 Oct 22 - 30 Sep 23) International Charter Airlift and related support services to be performed IAW the PWS up to and including the full capacity of all aircraft included in the ACAS Segment Report, pursuant to Attachment 4 Section VI(g), during any Stage of CRAF Activation.

CLINS 4012 - 4027 may be utilized at the Task Order level for requirements identified during any stage of International CRAF Activation.

International Charter Airlift Services--Non-Activation Fixed Price w/EPA

Expansion Option Period 2, Year 1 (Period of Performance 1 Oct 22 - 30 Sep 23)

International Charter Airlift and related support services to be performed IAW the PWS. Expansion requirements will be awarded via Task Orders issued IAW Attachment 4, Commitment, Entitlement and Ordering Procedures.

Services will be paid IAW the current year Uniform Rates and Rules incorporated by reference.

CLINS 4028 - 4043 may be utilized at the Task Order level for requirements not included in annual Fixed Awards.

International Charter Airlift Services--Non-Activation Fixed Price w/EPA

Fixed Award Option Period 2, Year 1 (Period of Performance 1 Oct 22 - 30 Sep 23)

International Charter Airlift and related support services to be performed IAW the PWS. Fixed Award routes/CLINS identified on Attachment 12 will be awarded at the Task Order level IAW Attachment 4, Commitment, Entitlement and Ordering Procedures.

Services will be paid IAW the current year Uniform Rates and Rules incorporated by reference.

Fixed Awards may be utilized starting at CLINS 4044 and move in sequential order at the Task Order level for the fixed requirements.

# TBD in Quantity column denotes : To Be Determined at time of notification

$20,000,000.00

$905,000,000.00

$1,063,000,000.

Estimated

TBD

TBD

Estimated

Estimated

Estimated $20,000,000.00

TBD

TBD

Estimated $905,000,000.00

Estimated $1,063,000,000.0

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B-9

Reimbursables Cost No Fee

Option Period 2, Year 2 (Period of Performance, 1 Oct 23 - 30 Sep 24)

SLINS for additional charges not included in the Uniform Rates and Rules which may be recognized and reimbursed at cost if incurred in the performance of this contract and approved by the Contracting Officer (CO)(i.e. Fuel adjustments, MOBREP Training Seminar, etc.) will be awarded at the Task Order level.

Domestic CRAF Activation Fixed Price w/EPA

Option Period 2, Year 2 (Period of Performance 1 Oct 23 - 30 Sep 24) Domestic Charter Passenger Airlift and/or Domestic Charter Cargo Airlift and related support services to be performed IAW the PWS up to and including the full capacity of all aircraft included in the ACAS Segment Report, pursuant to Attachment 4 Section VI(g), during any Stage of Domestic CRAF Activation.

CLINS 5002 - 5011 may be utilized at the Task Order level for requirements identified during any stage of Domestic CRAF Activation.

International CRAF Activation Fixed Price w/EPA

Option Period 2, Year 2 (Period of Performance 1 Oct 23 - 30 Sep 24) International Charter Airlift and related support services to be performed IAW the PWS up to and including the full capacity of all aircraft included in the ACAS Segment Report, pursuant to Attachment 4 Section VI(g), during any Stage of CRAF Activation.

CLINS 5012 - 5027 may be utilized at the Task Order level for requirements identified during any stage of International CRAF Activation.

International Charter Airlift Services--Non-Activation Fixed Price w/EPA

Expansion Option Period 2, Year 2 (Period of Performance 1 Oct 23 - 30 Sep 24)

International Charter Airlift and related support services to be performed IAW the PWS. Expansion requirements will be awarded via Task Orders issued IAW Attachment 4, Commitment, Entitlement and Ordering Procedures.

Services will be paid IAW the current year Uniform Rates and Rules incorporated by reference.

CLINS 5028 - 5043 may be utilized at the Task Order level for requirements not included in annual Fixed Awards.

International Charter Airlift Services--Non-Activation Fixed Price w/EPA

Fixed Award Option Period 2, Year 2 (Period of Performance 1 Oct 23 - 30 Sep 24)

International Charter Airlift and related support services to be performed IAW the PWS. Fixed Award routes/CLINS identified on Attachment 12 will be awarded at the Task Order level IAW Attachment 4, Commitment, Entitlement and Ordering Procedures.

Services will be paid IAW the current year Uniform Rates and Rules incorporated by reference.

Fixed Awards may be utilized starting at CLINS 5044 and move in sequential order at the Task Order level for the fixed requirements.

# TBD in Quantity column denotes : To Be Determined at time of notification

$20,000,000.00

$905,000,000.00

$1,063,000,000.

Estimated

TBD

TBD

Estimated

Estimated

Estimated $20,000,000.00

TBD

TBD

Estimated $905,000,000.00

Estimated $1,063,000,000.0

HTC71118RCC040006

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NL

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SECTION C - DESCRIPTION/SPECS/WORK STATEMENT

The Contractor shall perform International Charter Airlift and related support services IAW Attachment 1- Performance Work Statement (PWS). Additionally, contractors shall provide Charter Airlift services up to and including the full capacity of all aircraft included in PWS, Appendix 3A—List of Aircraft, during any Stage of Domestic and/or International Civil Reserve Air Fleet (CRAF) Activation.

SECTION E - INSPECTION AND ACCEPTANCE

E-1. INSPECTION AND ACCEPTANCE OF SERVICES

a. USTRANSCOM Directorate of Acquisition, Airlift Division (TCAQ-C), working with Government representatives, will accomplish Government acceptance of services under this contract. The Global Decision Support System (GDSS) and other records will be used to verify services rendered for all missions.

b. Headquarters (HQ) Air Mobility Command (AMC) reserves the right to inspect, conduct onsite capability surveys, perform ramp inspections, conduct flight-deck observation flights, and initiate performance evaluations of the Contractor during all phases of any contract awarded under this solicitation. Contractor shall facilitate ramp inspections in accordance with AMC Supplement 1 to AFI 21-101, Aircraft and Equipment Maintenance Management.

SECTION F - DELIVERIES OR PERFORMANCE

F-1. PERIOD OF PERFORMANCE

a. The ordering period for contracts awarded from this solicitation will begin 1 October 2018, or the date of award, whichever occurs later. The Base ordering period shall continue for two years through 30 September 2020. If Option Period 1 is exercised, the ordering period shall continue through 30 September 2022; if Option Period 2 is exercised, the ordering period shall continue through 30 September 2024, unless sooner terminated or extended by the Government under the provisions of this contract. Task orders may be awarded prior to midnight of the last day of any ordering period and may be for performance up to 120 days after the last day of the ordering period.

b. In the event of a declaration of an airlift emergency, national emergency, or CRAF Activation the Government may give notice to extend the ordering period for contracts awarded from this solicitation.

Additionally, the Contractor’s commitment to the CRAF program will be extended for the entire CRAF activation period, and for up to six (6) months thereafter.

F-2. SCHEDULES

Scheduling for International Charter Airlift Services will be IAW Attachment 4, Commitment, Entitlement and Ordering Procedures.

SECTION G - CONTRACT ADMINISTRATION DATA

G-1. PAYMENT OF LANDING AND PARKING FEES

a. The Contractor shall pay all required airport service fees and charges. Such fees and charges are included as part of the USTRANSCOM uniform negotiated rate and are therefore non-reimbursable. Landing and parking fees are not reimbursable for domestic charter trips during activation.

G-2. PAYMENT REQUESTS FOR CONTRACT SERVICES

a. Contractors shall use Invoicing, Receipt, Acceptance, and Property Transfer (iRAPT) (formerly known as Wide Area Work Flow (WAWF)), https://wawf.eb.mil,/for all payments. In accordance with DFARS 252.232-7003 Electronic Submission of Payment Requests and Attachment 3, iRAPT and Ferry Declaration, contractors shall submit payment requests via iRAPT only. Information regarding iRAPT is available at https://wawf.eb.mil/xhtml/unauth/help/help.xhtml

b. Initiate a separate payment request for each completed payment requested. Do not combine payment requests.

c. A Ferry Declaration shall be submitted with each invoice for missions that have awarded ferry mileage. The declaration shall include: Delivery Order/SLIN, mission number, aircraft tail number, flown ferry routing and miles, and signature of person authorized to bind the Contractor. The Contractor shall be paid either the contracted ferry miles or ferry miles flown, whichever is less. Ferry mileage will be calculated and paid as outlined in the Uniform Rates and Rules. Any ferry miles not flown will be deleted from the contract by unilateral modification. Ferry adjustments less than 30 miles will be paid as awarded. Refer to Attachment 3, page 2 of 2, for Ferry Declaration template.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H-0. CONTRACT PERIOD OF PERFORMANCE, EXTENSIONS, AND REVIEW PERIOD

a. The overall Period of Performance (POP) of this contract shall be six (6) years (plus the duration of any activation, plus the six month extension in accordance with clause 52.217-8 -- Option to Extend Services). The 6 year POP consists of a 2 year base period plus two 2-year option periods. Option periods will be executed IAW clause 52.217-9 -- Option to Extend the Term of the Contract for each 2-year period. Contractor(s) may decline award of an option period prior to the expiration of the active 2-year contract period at any point prior to the earliest notice under clause 52.217-9 (60 days).

b. Additionally, 180 days prior to the expiration of any active 2-year contract period, the Government will initiate discussions to review terms and conditions and any potential necessary changes to the contract. All parties will make a good faith effort to reach a timely agreement regarding necessary changes in order to improve and bolster the CRAF program. It shall be the intent of all parties to conclude discussions such that sufficient time exists for the Government to include accepted changes into the following option period, however, consideration of contract changes may be made at any time. All changes will be incorporated via contract modification (unilateral or bilateral) IAW the terms and conditions (i.e. applicable contract clauses) included herein.

c. In an effort to increase the mobilization base of the CRAF program and enhance the DOD’s readiness posture, the Government reserves the right to accept proposals submitted for consideration of an IDIQ award after the submission deadline stated in Block 9 of the SF33 (as amended) if it is in the Government’s best interest to add new contractors to the original pool of IDIQ contract holders. Any existing IDIQ contract holder will not re-compete for an IDIQ contract. Proposals received after the original submission deadline will be evaluated using the evaluation methodology and documentation (updated to reflect changes in regulatory provisions, requirements and certifications) as stated in Section M-1 of solicitation HTC711-18-R-CC04. Subsequent to adding a new awardee to the awardee pool, initial and new IDIQ awardees can compete for future task orders IAW Attachment 4, Commitment, Entitlement and Ordering Procedures. The ordering period for new awardees being added to the initial awardee pool will coincide with initial awardees’ ordering period, inclusive of options, but shall not extend the overall term of the contract beyond the original ordering period nor shall it reestablish the contract base period, inclusive of any options.

H-1. PASSENGER AND PUBLIC LIABILITY INSURANCE

a. General: Prior to performance of any services hereunder, the Contractor shall, at its own expense, procure and maintain passenger and public liability insurance in accordance with this section during the entire performance period of this contract, with financially and legally responsible insurance company or companies. Liability insurance purchased pursuant to the requirements of this paragraph shall cover payment to the Government, pursuant to the subrogation provision of the Medical Care Recovery Act (42 U.S.C. §§ 265l-2653) and within the liability limitations of this contract, of the cost of Government provided medical care to the extent that said insurance would https://wawf.eb.mil/xhtml/unauth/help/help.xhtml cover payment to injured individuals of the cost of medical care in the absence of any Government obligation to provide medical care.

b. The Contractor shall furnish to the Government, Evidence of Insurance duly executed by the Insurer of the insurance required by this paragraph. The Evidence of Insurance shall substantially conform to the form set forth in paragraph H-2 below. To the extent that the Montreal Convention for the Unification of Certain Rules for International Carriage by Air, 80 Stat. 271, applies, it will take precedence. If a court of competent jurisdiction determines that any transportation furnished pursuant to this contract is subject to the Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air (Convention), 49 Stat. 3000, and that the Contractor is entitled to limit its liability under that Convention, then the minimum limit of insurance required by this clause shall be considered to be a "higher limit of liability agreed to by special contract" as contemplated by the last sentence of Article 22(1) of that Convention, and the Contractor agrees that it shall not with respect to any claim arising out of the death, wounding, or other bodily injury of a passenger, avail itself of any defense under Article 20(1) of the Convention. Nothing herein shall be deemed to affect the rights and liabilities of the Contractor with regard to any claim brought by, on behalf of, or in respect of any person who has willfully caused damage which resulted in death, wounding, or other bodily injury of a passenger. See note below subparagraph H-1d.(2).

c. Split Limits Liability: the Contractor shall maintain the following minimum limits of liability insurance coverage IAW 14 Code of Federal Regulations Part 205,:

(1) Liability for bodily injury to or death of aircraft passengers: A minimum limit for any one passenger of at least three hundred thousand dollars ($300,000.00), and a total per involved aircraft for each occurrence of three hundred thousand dollars ($300,000.00) times 75 percent of the number of passenger seats installed in the aircraft.

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

d. Combined Single Limit Liability:

(1) Notwithstanding the provisions of paragraph H-1c. above, the Contractor may be insured for a single limit of liability for each occurrence. In that event, coverage shall be equal to or greater than the combined required minimums set forth in paragraph H-1c., above, for bodily injury, property damage, and/or passenger liability.

(2) In the case of a single limit of liability, aircraft may be insured by a combination of primary and excess policies. Such policies shall have combined coverage equal to or greater than the required minimums set forth in paragraph H-1c, above, for bodily injury to non-passengers, property damage, and/or passenger liability.

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

(a) Prior to performance of any services hereunder, the Contractor shall provide Evidence of Insurance which is duly executed by the Insurer of the requirements outlined in H-1a. and substantially conforms to the form set forth below. The Contractor shall maintain, and upon renewal submit evidence of, the appropriate level of insurance coverage at all times.

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

Name of Insured Policy ____________________________________________, bearing policy number

___________, with respect to the legal liability of the said Insured for aircraft passenger death or bodily injury, aircraft public death or bodily injury (excluding passengers) and aircraft property damage liabilities, effective from

____________ through ____________.

(Signature of Insurer) (Current Date)

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

(1) Liability for bodily injury to or death of aircraft passengers: A minimum limit for any one passenger of at least three hundred thousand dollars ($300,000.00), and a total per involved aircraft for each occurrence three hundred thousand ($300,000.00) times 75 percent of the number of passenger seats installed in the aircraft.

(2) Third party liability for bodily injury to or death of persons (excluding passengers) and damage to property:

A minimum limit of at least three hundred thousand dollars ($300,000.00) for any one person in any one occurrence, and a total of at least twenty million dollars ($20,000,000.00) per involved aircraft for each occurrence.

(3) The Insurer further agrees that the insurance afforded under this policy covers payment to the Government, pursuant to the subrogation provision of the Medical Care Recovery Act (42 U.S.C. §§ 265l-2653), of the cost of Government provided medical care to the extent that said insurance would cover payment to injured individuals of the cost of medical care in the absence of any Government obligation to provide medical care.

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

*In the case of a combined single limit of liability, the Insurer will be required to describe the amount or amounts of insurance coverage.

(c) The Insured recognizes that the policy must remain in force after the DoD activates the Civil Reserve Air Fleet (CRAF) to cover any damages that do not qualify for indemnification IAW the Federal Acquisition Regulation or are not covered under any applicable non-premium insurance under Chapter 443 of title 49, U.S. Code, issued by the Federal Avaiation Administration.

(d) The policy contains the attached endorsement.

By ________________________________________ (Company (City, State) (Signature) (Date)

"ENDORSEMENT" (Attachment to the Evidence of Insurance)

It is agreed that, with respect only to operations of the named Insured performed under contract with the United States Transportation Command, Department of Defense (DoD), during a period of CRAF activation, and with respect only to Aircraft Liability Insurance afforded under this policy, the following conditions shall also apply:

a. The Insurer agrees that, the insurance afforded under this policy shall not be subject to any lower limits of liability of the Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention), 49 Stat. 3000, for the death or bodily injury of any passenger. If that convention should otherwise be deemed to be applicable to any passenger death or bodily injury liability, then to the extent stated in the preceding sentence, this insurance shall be deemed to be a higher limit of liability agreed to by special contract as contemplated by the last sentence of Article 22(l) of the Warsaw Convention.

b. The exclusions of the policy relating to war risk coverage, if any, are deleted and the following substituted therefore:

The insurance afforded under this policy shall not apply to:

Personal injuries or death, or damage to or destruction of property, caused by:

(1) war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, martial law, military or usurped power or attempts at usurptation of power;

(2) any hostile

(i) detonation of any device employing atomic or nuclear fission and/or fusion or other like reaction and any radioactive contamination and electromagnetic pulse resulting directly form such detonation;

(ii) use of radioactive contamination or matter;

(iii) use of an electromagnetic pulse; or,

(iv) emission, discharge, or release of chemical or biological materials that are poisonous or pathogenic;

(3) strikes, riots, civil commotions, or labor disturbances;

(4) any act of one or more persons, whether or not an agent of a sovereign power, for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional;

(5) any malicious act or act of sabotage;

(6) confiscation, nationalization, unlawful seizure, restraint, detention, appropriation, requisition for title or use by or under the order of any government (whether civil, military or de facto) or public or local authority; or

(7) hi-jacking or any unlawful seizure or wrongful exercise of control of the aircraft or crew (including any attempt at such seizure or control) made by a person or persons on board the aircraft acting without the consent of the Insured.

c. The Insurer hereby waives any right of subrogation it may have against the United States of America, by reason of any payment under the aforesaid policy of insurance, with respect to loss caused to transportation services by acts of the United States of America or any agency thereof, which acts are in conjunction with the performance by the named Insured of any services under said contract.

d. In the event the Insurer elects to cancel the insurance afforded under this policy, the Insurer hereby agrees that such cancellation shall not be effective unless written notice thereof shall be sent by the Insurer by registered mail not less than 30 days in advance of such cancellation, direct to the United States Transportation Command, 508 Scott Dr., Building 1900W, Scott Air Force Base, Illinois 62225-5357, Attention: TCAQ-CP, and in the event the named Insured requests such cancellation, the Insurer agrees to notify, by registered mail, the above stated activity immediately upon receipt of such request.

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

Endorsement to Policy No: ____________________________________________________________

Effective Date: ______________________________________________________________________

Countersigned: _______________________________________________________________________ (Date) Company ___________________________________________

H-3. CONTRACTOR REQUIRED INSURANCE

a. The Contractor shall also procure, maintain and provide evidence of the following minimum insurance coverage in addition to the insurance required by paragraph H-1 for the duration of the contract.

TYPE AMOUNT

Automobile

Bodily Injury Liability $200,000 per person $500,000 per occurrence Property Damage Liability $50,000 per occurrence

Comprehensive General Liability

Bodily Injury Liability $500,000 per occurrence

Property Damage Liability $500,000 per occurrence

Workmen's Compensation and Employers Liability

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

H-4. INDEMNIFICATION REQUIREMENTS (CRAF NOT ACTIVATED)

a. IAW FAR 50.104-3, Special Procedures for Unusually Hazardous of Nuclear Risks, Contractor requests for the indemnification clause (Indemnification Under Public Law 85-804 (APR 1984)) to cover unusually hazardous or nuclear risks applying to operations under this contract when CRAF is not activated, must be submitted to the contracting officer and shall include the following information:

(1) Identification of the contract for which the indemnification clause is requested.

(2) Identification and definition of the unusually hazardous or nuclear risks for which indemnification is requested, with a statement indicating how the contractor would be exposed to them.

(3 A statement, executed by a corporate official with binding contractual authority, of all insurance coverage applicable to the risks to be defined in the contract as unusually hazardous or nuclear, including—

(A) Names of insurance companies, policy numbers, and expiration dates;

(B) A description of the types of insurance provided (including the extent to which the contractor is self-insured or intends to self-insure), with emphasis on identifying the risks insured against and the coverage extended to persons or property, or both;

(C) Dollar limits per occurrence and annually, and any other limitation, for relevant segments of the total insurance coverage;

(D) Deductibles, if any, applicable to losses under the policies;

(E) Any exclusions from coverage under such policies for unusually hazardous or nuclear risks;

and

(F) Applicable workers’ compensation insurance coverage.

(4) The controlling or limiting factors for determining the amount of financial protection the contractor is to provide and maintain, with information regarding the availability, cost, and terms of additional insurance or other forms of financial protection.

(5) Whether the contractor’s insurance program has been approved or accepted by any Government agency;

and whether the contractor has an indemnification agreement covering similar risks under any other Government program, and, if so, a brief description of any limitations.

(6) If the contractor is a division or subsidiary of a parent corporation—

(A) A statement of any insurance coverage of the parent corporation that bears on the risks for which the contractor seeks indemnification; and

(B) A description of the precise legal relationship between parent and subsidiary or division.

b. If the dollar value of the contractor’s insurance coverage varies by 10 percent or more from that stated in an indemnification request submitted in accordance with paragraph (a)(1) of this subsection, or if other significant changes in insurance coverage occur after submission and before approval, the contractor shall immediately submit to the contracting officer a brief description of the changes.

c. Notwithstanding the inclusion of FAR 52.250-1 indemnification will apply to performance under this contract only after the Contractor is notified by the CO that the Commander USTRANSCOM has approved indemnification for a specific mission or missions.

H-5. INDEMNIFICATION DURING CRAF ACTIVATION

a. Definitions:

(1) "Civil Reserve Air Fleet (CRAF) Mission" means the provision of airlift services under this contract ordered by USTRANSCOM during the activation of CRAF.

(2) "Airlift Services" means all services (passenger or cargo) and anything the Contractor is required to do in order to conduct or position the aircraft, personnel, supplies, and equipment for a flight and return. Airlift Services include ground related services supporting CRAF missions. Airlift Services do not include any services involving any persons or things which, at the time of the event, act, or omission giving rise to a claim, are directly supporting commercial business operations unrelated to a CRAF mission objective.

(3) "War risk" means risks of:

(A) war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, martial law, military or usurped power or attempts at usurptation of power;

(B) any hostile

(i) detonation of any device employing atomic or nuclear fission and/or fusion or other like reaction and any radioactive contamination and electromagnetic pulse resulting directly form such detonation;

(ii) use of radioactive contamination or matter;

(iii) use of an electromagnetic pulse; or,

(iv) emission, discharge, or release of chemical or biological materials that are poisonous or pathogenic;

(C) strikes, riots, civil commotions, or labor disturbances;

(D) any act of one or more persons, whether or not an agent of a sovereign power, for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional;

(E) any malicious act or act of sabotage;

(F) confiscation, nationalization, unlawful seizure, restraint, detention, appropriation, requisition for title or use by or under the order of any government (whether civil, military or de facto) or public or local authority; or

(G) hi-jacking or any unlawful seizure or wrongful exercise of control of the aiercraft or crew (including any attempt at such seizure or control) made by a person or persons on board the aircraft acting without the consent of the Insured.

“War risk” as defined above excludes: (1) any ransom or extortion payments; and (2) any lawful government or private party seizure of an aircraft or associated equipment that is the result of an outstanding legal debt, tax, fine, or unlawful act committed with the knowledge of the Insured.

b. For the purpose of the contract clause entitled "Indemnification Under Public Law 85-804 (APR 1984)," it is agreed that all war risks resulting from the provision of airlift services for a CRAF mission in accordance with the contract during a CRAF activation are unusually hazardous risks, and shall be indemnified to the extent that insurance coverage for such risks is: (1) not available on reasonable terms from commercial sources; or (2) not available under a policy issued by the Federal Aviation Administration under Chapter 443 of title 49, U.S. Code.

The Government's liability to indemnify the Contractor shall not exceed that amount for which the Contractor commercially insures under its established policies of insurance, applying the limits of those policies in effect thirty

(30) days prior to activation.

c. Indemnification of risks involving the operation of aircraft, as discussed above, is limited to claims or losses arising out of events, acts, or omissions involving the operation of an aircraft for airlift services for a CRAF mission, from the time that aircraft is withdrawn from the Contractor's regular operations (commercial, DoD, or other activity unrelated to airlift services for a CRAF mission) until it is returned for regular operations. Indemnification with regard to other Contractor personnel or property utilized or services rendered in support of CRAF missions is limited to claims or losses arising out of events, acts, or omissions occurring during the time the first prepositioning of personnel, supplies and equipment to support the first aircraft of the Contractor used for airlift services for a CRAF mission is commenced until the timely removal, as determined by the Contracting Officer, of such personnel, supplies and equipment after the last such aircraft is returned for regular operations.

d. Indemnification is contingent upon the Contractor maintaining, if available, Federal Aviation Administration-issued non-premium insurance under Chapter 443 of title 49, U.S. Code and normal commercial insurance, as required by this contract or other competent authority. Indemnification for losses covered by a Contractor self-insurance program shall only be on such terms as incorporated in this contract by the Contracting Officer in advance of such a loss.

H-6. CHAPTER 443 NON-PREMIUM WAR RISK HULL AND LIABILITY INSURANCE

a. Non-premium war risk insurance issued under the authority of Chapter 443 of title 49, U.S. Code, will be provided to the Contractor by the FAA in the event commercial insurance is not available on reasonable terms from commercial sources.

b. Before commencement of the contracted operations the Contractor shall apply for Chapter 443 non-premium war risk insurance through the FAA.

c. The Contractor must (1) provide the FAA with a list of aircraft that will fly under this contract, (2) pay an administrative fee as determined by the FAA, and (3) provide the FAA with a complete copy of the Contractor’s current Hull and Liability commercial insurance policies. FAA insurance covers only those aircraft that are listed on the FAA's Schedule of Aircraft and the Contractor shall promptly notify the FAA of any tail number additions, removals, and/or changes in the aircraft under contract.

d. The contractor will not be reimbursed for any administrative fees paid to obtain non-premium war risk insurance through the FAA.

e. The FAA non-premium war risk insurance is an agreement solely between the FAA and the Contractor. It is the contractor’s responsibility to ensure aircraft are covered under the FAA non-premium war risk insurance.

Failure to pay the required administrative fee or follow all FAA…