Amendment_001_14_R_8013.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is to make changes to the solicitation. Please see below w hich outlines all changes.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 54

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 28-Feb-2014

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N00033-14-R-8013

X 9B. DATED (SEE ITEM 11)

04-Feb-2014

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

28-Feb-2014

CODE

MILITARY SEALIFT COMMAND WASHINGTON D.C.

914 CHARLES MORRIS COURT SE

WASHINGTON NAVY YARD DC 20398-5540

N00033 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N00033-14-R-8013

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

AMENDMENT 001

The purpose of this amendment is to make changes to the following sections of the Solicitation:

1. CLINs 0001 - 5001

2. Section B-1.2.5

3. Section C-2.7.2

4. Section C-2.9.4(i)

5. Section C-4.4.8

6. Section C-4.5.2

7. Section C-6.8

8. Section C-6.8.1(d)(xi)

9. Section C-8.4.6

10. Section C-9.2

11. Section C-11.4.1

12. Section H-2.3

13. Section L-2.5

14. Section M-2.4

15. J_01 Performance Assessment Plan

16. Attachment C

Please see changes below (and attached), highlighted in red.

All other terms and conditions remain unchanged and in full force and effect.

SUMMARY OF CHANGES

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The CLIN extended description has changed from Per Diem (Base Period)See Section B-1.2.1 for details.365 days x [rate ($)] = [total ($)]FOB: Destination to Per Diem (Base Period)See Section B-1.2.1 for details.366 days x [rate ($)] = [total ($)]FOB: Destination.

The pricing detail quantity has increased by 365.00 from 1.00 to 366.00.

CLIN 0002

The CLIN extended description has changed from See Section B-1.2.2 for details.288 hours x [rate ($)] = [total ($)]FOB: Destination to See Section B-1.2.2 for details.240 hours x [rate ($)] = [total ($)]FOB: Destination.

The pricing detail quantity has increased by 239.00 from 1.00 to 240.00.

CLIN 1001

The pricing detail quantity has increased by 364.00 from 1.00 to 365.00.

CLIN 1002

The CLIN extended description has changed from See Section B-1.2.2 for details.288 hours x [rate ($)] = [total ($)]FOB: Destination to See Section B-1.2.2 for details.240 hours x [rate ($)] = [total ($)]FOB: Destination.

The pricing detail quantity has decreased by 48.00 from 288.00 to 240.00.

CLIN 2001

The CLIN extended description has changed from See Section B-1.2.1 for details.366 days x [rate ($)] = [total ($)]FOB: Destination to See Section B-1.2.1 for details.365 days x [rate ($)] = [total ($)]FOB: Destination.

CLIN 2002

The CLIN extended description has changed from See Section B-1.2.2 for details.288 hours x [rate ($)] = [total ($)]FOB: Destination to See Section B-1.2.2 for details.240 hours x [rate ($)] = [total ($)]FOB: Destination.

The pricing detail quantity has increased by 239.00 from 1.00 to 240.00.

CLIN 3001

CLIN 3002

The CLIN extended description has changed from See Section B-1.2.2 for details.288 hours x [rate ($)] = [total ($)]FOB: Destination to See Section B-1.2.2 for details.240 hours x [rate ($)] = [total ($)]FOB: Destination.

CLIN 4001

The CLIN extended description has changed from See Section B-1.2.1 for details.365 days x [rate ($)] = [total ($)]FOB: Destination to See Section B-1.2.1 for details.366 days x [rate ($)] = [total ($)]FOB: Destination.

The pricing detail quantity has increased by 365.00 from 1.00 to 366.00.

CLIN 4002

The CLIN extended description has changed from See Section B-1.2.2 for details.288 hours x [rate ($)] = [total ($)]FOB: Destination to See Section B-1.2.2 for details.240 hours x [rate ($)] = [total ($)]FOB: Destination.

CLIN 5000 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

5000 1 Each OPTION Delivery

FFP

See Section B-1.2.6 for details.

FOB: Destination

NET AMT

CLIN 5001 is added as follows:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

5001 1 Each OPTION Redelivery

FFP

See Section B-1.2.7

NET AMT

The following have been modified:

B 1.0 DEFINITIONS OF RATES

B 1.1 The Government shall pay for services provided under this Contract in accordance with the

Section B-1.2 below. Said payments shall be considered payment in full for all services (including the carriage of hazardous cargoes), equipment, personnel, supplies, training, and maintenance of aircraft, including any overtime, penalty time, bonuses, payments and emoluments payable to Contractor personnel irrespective of the geographic scope of said services, except as elsewhere provided.

B 1.2 Definition of Contract Line Items (CLIN(s)):

B 1.2.1 Per Diem [CLINs 0001, 1001, 2001, 3001, 4001]: Firm-fixed-priced, daily rate. Per Diem is subject to scheduled deductions in accordance with Section J-01, Section H-3.0, and

Section H-4.0.

B 1.2.2 Flight Rate [CLINs 0002, 1002, 2002, 3002, 4002]: Firm-fixed-priced, hourly rate payable for actual flight operations of Detachment aircraft for missions set forth in Section C- 2.7, and currency/proficiency flights in accordance with Paragraph Section C-8.7.2. The Contractor shall be paid for actual flight hours used to the nearest tenth of an hour. Actual flight hours will be based on Hobbs hours - weight off wheels and rotor blades in flight condition.

B 1.2.3 Other Direct Costs (ODCs) [CLINs 0003, 1003, 2003, 3003, 4003]: Expenditures which are in direct support of the Contract, and not appropriate to include in other identified CLINs.

Payment of ODCs will be made in accordance with Section B-2.0 below.

B 1.2.4 Dynamic Interface Testing (DIT) Ground School (OPTION) [CLINs 0004, 1004, 2004, 3004, 4004]: Firm-fixed-priced, lump sum for service provided in accordance with Section C- 2.7.3(c). The price includes the course, enrollment, additional insurance, equipment, personnel and all other items required to conduct the DIT Ground School. The Contractor shall invoice only if this option is exercised in the respective period of performance, and upon successful completion of the DIT Ground School.

B 1.2.5 Inspections (OPTION) [CLINs 0005, 1005, 2005, 3005, 4005]: Firm-fixed-priced, lump sum for services provided in accordance with Sections C-2.9.4(i) and E-6.0.

B 1.2.6 Delivery Price [CLIN 5000]: Firm-fixed-priced, lump sum to transport aircraft to the delivery location specified in Section F-1.3. The Contractor shall invoice upon the Government’s issuance of a satisfactory Acceptance Inspection, as set forth in Section E-2.3.

The Government, at the sole discretion of the Contracting Officer, may elect to provide transportation for the aircraft from the Continental United States (CONUS) to the delivery location. If Government transportation is provided, any or all transportation to the delivery location, any resulting cost savings associated with the transportation provided shall be realized by the Government in the form of a price reduction to this CLIN.

B 1.2.7 Redelivery Price [CLIN 5001]: Firm-fixed-priced, lump sum to transport aircraft from the redelivery location at the end of the final performance period. The Contractor shall invoice upon redelivery of the aircraft. The Government will not pay the redelivery price if the aircraft is not redelivered to the Contractor or its agents. Upon request, the Government may, at the sole discretion of the Contracting Officer, transport the aircraft on a Government-owned ship or aircraft from redelivery location to CONUS. If the Government provides such transportation, any resulting cost savings shall be realized by the Government in the form of a price reduction to this CLIN.

B 2.0 OTHER DIRECT COSTS PROCEDURES

B 2.1 The Government will reimburse the Contractor for the actual price paid for those supplies and services that are identified as ODC items by this Contractor, when approved by the Contracting Officer, in direct support of Contract requirements. “Actual price" paid by the Contractor for such supplies and services includes tax paid, if any, reduced by any and all credits and rebates, whether accrued or realized, associated with the supplies and services provided. “Actual price” does not include material handling charges, overhead, general and administrative costs, profit, or any other indirect cost that is in any way associated with the Contractor’s purchase or provision of such supplies and services.

B 2.2 The Government will reimburse for actual costs associated with shore accommodations, victualling, and transportation when Detachment personnel are shore-based at the direction of the Government. The Contractor shall be fully responsible for all arrangements related to accommodations, victualling, and transportation. Actual costs shall be considered reasonable, allowable, and reimbursable only to the extent that they do not exceed, on a daily basis, the maximum rates in effect at the time of travel as set forth in the Federal Travel Regulations, Joint Travel Regulations (JTR) and Standardized Regulations as set forth in FAR 31.205-46. The Contractor shall make reservations at a DoD lodging facility within 20 miles of the ship's location. If accommodations are not available at a DoD lodging facility, the Contractor shall obtain a Certificate of Non-Availability (CNA) prior to obtaining off-base accommodations.

B 2.3 To be eligible to receive reimbursement under this Contract for ODC expenses, the Contract must either specify that the service or supply is reimbursable in accordance with this clause, or the Contractor must have obtained pre-approval from the Contracting Officer. In both cases, the Contractor must obtain at least three (3) quotes for each supply or service in excess of $2,500 or provide an acceptable justification as to why it was impracticable to do so. The Contractor will not be reimbursed unless it provides documentation, such as original receipts, in English substantiating actual costs incurred. The Contractor shall maintain documentation of all ODC purchases for three (3) years after the Contract is completed and shall provide access to and copies of such documentation when requested by the Contracting Officer or his/her designee. At a minimum, the documentation shall include:

(a) A description of the supplies or services

(b) The name, address, contact information, and price quote by the proposed supplier; and

(c) The names, contact information and prices quoted by other suppliers.

ODCs related to Section B-2.2 are exempt from the requirement to obtain three (3) quotes.

B 2.4 The Contracting Officer may reduce the ODC payment by any amount above that which the Contracting Officer finds, in his/her sole discretion, to be fair and reasonable for the supplies or services provided, giving due consideration to the facts and circumstances prevailing at the time that the Contractor procured the supplies and services. Disputes as to the amount by which any payment is reduced shall be resolved in accordance with the “Disputes” clause of the Contract. It shall be the Contractor’s burden to demonstrate that the prices it paid for ODC supplies and services were fair and reasonable.

B 2.5 When the total funding expended for ODC items reaches 85 percent of the total funds then available on the ODC Supplies and Services CLIN, the Contractor shall contact the Contracting Officer or his/her designee and state the estimated amount of additional funds required for the remainder of the period of performance. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on the ODC Supplies and Services CLIN. The Contracting Officer shall notify the Contractor in writing; or, if orally, with written confirmation within two

(2) business days, when the funded amount has been increased.

B 2.6 The Contractor is not obligated to incur costs and the Government is not obligated to reimburse the Contractor for ODC supplies and services in excess of the funded amount available on each ODC Supplies and Services CLIN.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

C 1.0 DEFINITIONS

Embarked – A state of deployment in which a Detachment is stationed on board a ship that is underway or OCONUS.

FAR – Federal Acquisition Regulation or Federal Aviation Regulation. Context shall dictate which applies.

Functional Check Flight (FCF) – Type of maintenance flight performed to determine whether an aircraft system (e.g., engine(s), accessories, or other equipment) is functioning according to established operating standards.

Full Mission Capable (FMC) – Material condition of any piece of equipment or aircraft indicating that it can perform all of its missions.

MSC Area Commander – A subordinate to Commander, Military Sealift Command (COMSC) with cognizance over a specific theater or geographic area of responsibility. Area Commanders serves as COMSC's representative and operating authority in their respective areas of responsibility. MSC Area Commanders exercise operational control and coordinate ship schedules, cargo operations, port services, and force protection arrangements for all MSC ships and embarked detachments.

Not Mission Capable (NMC) – Material condition of any piece of equipment or aircraft indicating that it cannot perform any of its missions.

Partial Mission Capable (PMC) – Material condition of an aircraft indicating that it can perform at least one but not all of its missions.

Pilot-In-Command (PIC) – The pilot who is ultimately responsible for its operation and safety during flight. The PIC must be legally certified (or otherwise authorized) to operate the aircraft for the specific flight and flight conditions, but need not be actually manipulating the controls at any given moment. The PIC is the person legally in charge of the aircraft and its flight safety and operation, and would normally be the primary person liable for an infraction of any flight rule.

Ready For Tasking (RFT) – Daily readiness status of the Detachment, dependent on the material condition of both Detachment aircraft.

RFT Rate – Composite readiness status of the Detachment, and specific to the performance period.

Scheduled Maintenance – Periodic inspections or servicing of aircraft or equipment, accomplished on a calendar or flight-hours basis.

Second-In-Command (SIC) – The pilot designated to be second in command of an aircraft requiring two pilots during flight time.

Shore-based – A state of deployment in which a Detachment is hosted at an ashore facility and not embarked aboard a US Navy vessel.

Support Items – Items subordinate to or associated with an end item (i.e., spares, repair parts, tools, test equipment, and sundry material) and required to operate, service, repair, or overhaul an end item.

Transient – Term to describe aircraft or personnel not officially part of the Detachment. Examples include manufacturer maintenance personnel, aircraft being cycled into or out of a Detachment, Contractor personnel temporarily assigned to the Detachment for observation purposes.

C 2.0 MISSIONS AND CONDITIONS

C 2.1 The purpose of the MSC VERTREP contracts is to deliver an embarked commercial aviation Detachment RFT, and to maintain this readiness throughout the performance period.

The Contractor shall supply a Detachment comprised of aircrew and maintenance personnel, and equipment (two (2) commercial helicopters and support items) to provide ship-based and/or shore-based vertical replenishment (VERTREP) and other rotary-wing logistics services as outlined in this Contract, without interruptions or degradation of service. The Contractor shall furnish its own support equipment and supplies necessary to perform the flight operations and required services unless otherwise indicated herein.

C 2.1.1 The Contractor shall maintain and comply with its Logistics Plan [Attachment J-06(a)].

All changes to the Plan shall be requested in writing/electronically, and approved by the Contracting Officer prior to implementation. At a minimum, the Logistics Plan shall provide the following:

(a) Aircraft Delivery Timeline from Award Date to Contract Commencement;

(b) Narrative describing how the Contractor intends to support the maintenance and equipage needs of the Detachment in remote sites during the performance of the Contract;

(c) Discussion of measures and actions the Contractor will take to minimize or avoid the risk to the Government of contractor non-performance;

(d) ITAR/EAR requirements/compliance procedures;

(e) Supply chain management procedures, including location of logistics hubs, coordinators, and technical support;

(f) List of and location of major shipping agents and suppliers the Contractor intends to use during performance of the Contract;

(g) Critical spare components expedited delivery process/plan to include a replenishment plan within thirty (30) days of use for Pack-Up Kit (PUK) critical parts, in accordance with Section C-5.14; and

(h) Transportation plan for Detachment personnel coming on rotation and support items.

C 2.2 The Detachment will be forward deployed worldwide for extensive periods at sea. It is anticipated that the Detachment will be primarily assigned to Combat Logistics Force (CLF) ships forward based in Bahrain, and used primarily to meet 5th Fleet requirements. The cross-decking of the Detachment is anticipated. (Anticipated primary logistics ports are listed in Attachment J-02).

C 2.2.1 A normal deployment is twelve (12) months. Opportunities will be afforded for relief and replacement of Detachment personnel (e.g., crew rotations) consistent with operational and security concerns, and depot level maintenance. Relief and replacement shall not impact mission availability of the Detachment.

C 2.3 If deployed to an area, port, place, zone or route involved in a state of war, warlike operations, civil strife, piracy, natural disaster or other hostilities (whether there be a declaration of war or not), the Contractor shall continue performance of this Contract.

C 2.4 The Detachment shall be available and ready to perform missions at any time, day or night, on a 24-hour per day basis, except as otherwise provided.

C 2.5 Detachment aircraft may be required to work alone or in conjunction with other commercial, public, or military aircraft.

C 2.6 Mission Condition Requirements. The Detachment shall be capable of performing the missions set forth below under the following conditions:

C 2.6.1 Taking off and landing with ± 2° pitch on deck; ± 4° roll on deck. Conditions for this measure are: 32°C Outside Air Temperature (OAT); aircraft maximum gross weight, excluding any internal cargo capacity not offered, at sea level.

C 2.6.2 Single engine hover at minimum fuel with no external load on a standard day as defined in FAR 34.1 - temperature of 15°C, and sea level pressure conditions.

C 2.6.3 Performing to a standard of Level 1, Class 1 on T-AKE class ships, and Level 1, Class 5 on all other Navy ships. Classes are defined in Shipboard Aviation Facility Résumé, NAVAIR NAEC-ENG-7576 (series).

C 2.6.4 Shipboard operations (landing and taking off) within all wind and pitch and roll parameters/limitations as specified from NAVAIR and in the absence of specific NAVAIR limits as in the general launch and recovery wind limits delineated in NAVAIR 00-80T-122 Helicopter Operating Procedures for Air-Capable Ships (HOPACS), Naval Air Training and Operating Procedures Standardization (NATOPS) Manual. Future wind limits may be determined through DIT or other means approved by the Government for class/type series and ship combinations.

C 2.7 Mission Requirements. The Detachment shall be equipped and trained to perform the following missions with a minimum of two (2) pilots (PIC and SIC) per aircraft on board at all times.

C 2.7.1 At all times, both Detachment aircraft shall be equipped and capable of performing

VERTREP in accordance with Section C-4.4.6. Detachment aircrew must be capable of visually monitoring the external load at all times during VERTREP missions, and Detachment pilots must place externally carried cargo where directed, to include on underway U.S. Navy vessels, within the aircraft’s safe operating limitations.

C 2.7.2 If one (1) Detachment aircraft is either PMC or NMC, then the other one (1) Detachment aircraft shall be equipped and available to perform the following missions:

(a) Search and Rescue (SAR) operations using life raft, and either a swimmer assisted

(Contractor-provided swimmer) or non-swimmer assisted personnel recovery system, per Section C-4.4.7. If swimmer-assisted, the Contractor shall refer to and comply with OPNAVINST 3130.6E, Naval SAR Standardization Program, for Navy-specific SAR policies, procedures, training and evaluation standards.

(b) Passenger (Pax) transfers for a minimum of five (5) pax and associated baggage in addition to Detachment aircrew, per Section C-4.4.8.

(i) The Contractor shall not permit any foreign nationals or non-DoD civilians to board Detachment aircraft unless specifically authorized by the Ship’s Master, MSC Area Commander, or COR, and properly manifested.

(ii) Contractor requests to carry pax other than Detachment personnel for its own account shall be submitted for authorization to the COR at least 24 hours prior to the evolution, except in cases of medical evacuations.

(c) Medical Evacuation (MEDEVAC) capable of carrying a minimum of one (1) patient, one (1) occupied litter, and a corpsman in addition to Detachment aircrew, per Section C-4.4.9.

(d) Internal cargo movement capable of carrying at least one standard Navy pallet per

Section C-4.4.10. The Contractor shall not permit any foreign national or non-DoD cargo to be loaded unless specifically authorized by the Ship’s Master, MSC Area Commander or COR. Contractor equipment is exempted from this restriction.

C 2.7.3 Additional requirements for the Detachment include the following:

(a) Dynamic Interface Testing (DIT): The Contractor will be required to present the Detachment aircraft, or like type/series for DIT, which will be flown by NAVAIR-approved DIT Test Pilots (herein “Test Pilots”). If a qualified military DIT PIC is not available, the Contractor shall propose a Test Pilot who meets the minimum education and experience PIC requirements set forth in NAVAIRINST 3710.1F . The Contracting Officer’s approval of the Contractor Test Pilot is required prior to him/her assuming duties and responsibilities as DIT PIC. Any costs associated with the employment of a Contractor PIC shall be for the Government’s account in accordance with B 1.2.4. Any flight costs associated with the initial pilot qualification and proficiency training of the

Test Pilots shall be for the Government’s account in accordance with Section B- 1.2.2.

Any additional insurance and aircraft transportation (if Detachment is being assigned to a different ship class) costs associated with DIT shall be reimbursed in accordance with Section B-2.0. During this test period, the aircraft shall be configured as required by NAVAIR to conduct the testing. Upon completion of DIT, the aircraft will be released to the Contractor for reconfiguration and normal operations.

(b) Dynamic Interface Testing (DIT) Ground School (OPTION): The Contractor shall provide a manufacturer-approved ground school for Test Pilots. At a minimum, the ground school shall train the Test Pilots in aircraft systems, aircraft flight characteristics, emergency procedures, general operations and safety concerns associated with the aircraft and cockpit layout. Ground school requirements shall be coordinated with the Contracting Officer or his/her designee. Any costs associated with the ground school instruction of the Test Pilots shall be for the Government’s account in accordance with Section B- 1.2.2.

(c) Hazards of Electromagnetic Radiation to Ordnance (HERO) or other Electromagnetic Environmental Effects (E3) Testing, to meet the requirements of MIL-STD-464C of 01 December 2010.

C 2.8 The Contractor’s Federal Aviation Administration (FAA) approved Operations Specifications (OpSpecs) shall authorize the class and type of helicopter to operate under Instrument Flight Rules (IFR), and under the conditions of flight and geographic regions required under this Contract. The Contractor shall, at all times, operate in accordance with its FAA approved OpSpecs and General Operations Manual. The Contractor shall provide the COR documentation showing at least two (2) years’ experience flying Part 135 IFR preceding the commencement of the contract performance period.

C 2.9 Mission Tasking and Safety

C 2.9.1 The Detachment, through its OIC, will perform mission tasking received from the following authorized personnel during the identified operational situations:

(a) Embarked: Ship’s Master

(b) Shore-based: MSC Area Commander

The Contractor will normally be notified at least 24 hours prior to a mission. In some situations, the Contractor may be required to fly a mission with twelve (12) hours or less notice. If an emergency mission arises, it will replace the scheduled mission for that day.

This section does not supersede or relieve the Contractor's responsibilities set forth in FAA Part 135.

C 2.9.2 The Ship's Master, his/her designated representative, or Detachment Officer-in-Charge

(OIC) shall have authority to halt, delay or cancel flight operations at any time for safety reasons.

C 2.9.3 The transportation of passengers and the placement of externally carried cargo on U.S.

Navy vessels underway are inherently hazardous evolutions. At no time will the aircraft intentionally exceed pitch and roll take-off or landing limits for efficiency or expediency. The PIC is wholly responsible for the safety and well-being of his/her aircraft, passengers, crewmembers, and cargo. As such, the PIC is responsible for ensuring that no safety limits are exceeded and that the aircraft is operated safely at all times. The PIC shall have final authority on all matters concerning safety of flight.

C 2.9.4 The Contractor shall maintain and comply with its Safety Plan [Attachment J-06(b)]. All changes to the Safety Plan must be approved by the Contracting Officer prior to implementation. At a minimum, the Safety Plan shall provide the following:

(a) Narrative describing the Company’s safety plan as it relates to aircraft maintenance, personnel, and flight operations;

(b) Safety management program, to include performance measurements, improvement implementation actions and methods;

(c) Risk management program, to include risk identification, risk decision making, risk mitigation controls, and corrective action implementation;

(d) Discussion of how the Safety Plan is monitored and enforced during the performance of the Contract;

(e) Discussion of how the risk of non-performance to the Government will be minimized;

(f) List of company safety leadership billets, including the certifications of those holding billets;

(g) Safety incident reporting procedures;

(h) Operational risk management program for deployed personnel; and

(i) A list of Third Party Auditors which includes credentials, certifications, experience, and expertise in conducting independent aviation safety inspections.

C 2.10 Mission Records and Logs

C 2.10.1 The Contractor shall keep a complete and accurate log of each flight performance and provide required reports outlined in Section C-11.0.

C 2.10.2 The Detachment OIC shall prepare a daily flight schedule, as required in OPNAVINST 3710.7U Chapter 4, which outlines all planned flight activity/operations. The Detachment OIC and the Ship’s Master, or his/her designee, shall sign the daily flight schedule before it is implemented.

C 2.10.3 All flight time, regardless of how or where performed, shall be recorded by the Contractor and be used to administer flight time and duty time limitations.

C 2.11 Fuel

C 2.11.1 The Contractor shall provide and dispose of all fuel, lubricants, and hydraulic fluids to be used by Detachment aircraft during the Contract performance period. Disposal shall be in compliance with all applicable U.S. Environmental Protection Agency (EPA) regulations.

C 2.11.2 The Government will normally make aircraft fuel available to the Contractor when the

Detachment is embarked on an underway vessel. If fuel is not available from the host ship, the Detachment aircraft may obtain fuel from another ship or from a land based source within Detachment Standard Operating Procedures (SOP) flying distance.

(a) When fuel is provided by the Government, it will be at cost to the Contractor. The cost for such fuel will be at the DLA Energy rate effective on the purchase date.

Flight time to obtain fuel at other than Government facilities will not be for the Government’s account. DoD standard fuel prices can be obtained from the DLA Energy website, http://www.energy.dla.mil/Pages/default.aspx.

(b) When fuel is provided by the Government, the Contractor shall provide documentation of fuel received (“fuel chit”) and provide the Government with credit in the form of invoice deductions to the Per Diem CLIN. Fuel chits and fuel credits shall be respectively attached and reflected in the invoice submitted for the time period covering when fuel was received. The Contractor will be assessed a deduction for failure to provide timely and accurate fuel chits and credits. (See Attachment J-

01, PAP.)

C 3.0 REGULATORY COMPLIANCE, CERTIFICATIONS, AND LICENSES

C 3.1 The Contractor shall maintain and comply with its Quality Assurance Plan [Attachment J-

06(c)]. All changes to the Quality Assurance Plan shall be approved by the Contracting Officer prior to implementation. At a minimum, the Quality Assurance Plan shall provide the following:

(a) Narrative describing the Contractor’s quality control system and how it will be applied to this Contract;

(b) Discussion of how the risk of non-performance will be minimized by the Plan;

(c) Auditing interval and internal auditing process and periodicity;

(d) FAA, Air Mobility Command (AMC), Commercial Airlift Review Board (CARB), and Department of Navy (DON) compliance verification procedures;

(e) Third party inspection policy and procedures; and

(f) Personnel training and competency verification procedures and enforcement.

C 3.2 The Contract requires the Contractor to be a commercial air taxi operator within the meaning of Title 49 USC Transportation. As such, the Contractor shall possess all applicable FAA certificates and shall be under FAA regulatory and safety oversight during the entire contract performance period. Subcontracting to fulfill this requirement in place of the prime Contractor shall not be allowed unless the Contractor provides proof of authorization for the proposed arrangement from the FAA.

C 3.3 The Contractor shall maintain the following certifications and documentation throughout the entire contract performance period without interruption, and provide updates and renewals when applicable:

(a) FAA Air Carrier Certificate, FAA Form 8430-18;

(b) FAA Operating Certificate, FAA Form 8430-21;

(c) Proof of ownership by the Offeror and FAA Standard Airworthiness Certificate, FAA

Form 8100-2, for each Detachment aircraft;

(d) FAA Aircraft Registration, AC Form 8050-3, for each Detachment aircraft, ;

(e) Contractor’s FAA approved General Operations Manual;

(f) Contractor’s FAA issued OpSpecs;

(g) FAA approved Rotorcraft Flight Manual;

(h) Completed Helicopter and Mission Summary Sheet (See Attachment J-08(a)) for each

Detachment aircraft;

(i) Copies of the FAA land-based operating wind envelopes for the proposed aircraft (See

Attachment J-08b); and

(j) Aircraft Drawing, including aircraft plan and side views from both flight configuration and blade folded dimensions, for the proposed aircraft (See Attachment J-08(c)).

C 3.4 DoD Approval and Additional Standards. The Contractor shall present a current CARB certification for carrying Government passengers and cargo (32 CFR 861) no later than 01 October 2014, and shall maintain the certification throughout the contract performance period without interruption. At all times, the Contractor shall comply with DoD Commercial Air Transportation Quality and Safety Review Program requirements. These requirements are available at http://www.amc.af.mil/library/businesscustomers.asp.

C 3.5 The Contractor shall ensure the Detachment operates in compliance with all applicable DON rules and regulations pertaining to commercial helicopter operations, to include, but not limited to, the following Navy instructions and publications:

(a) OPNAVINST 3100.8B - Deck Landing Operations By Civilian Helicopters with Civilian Pilots on U.S. Navy Vessels;

(b) OPNAVINST 3710.7U - Naval Air Training and Operating Procedures Standardization (NATOPS) General Flight and Operating Instructions;

(c) OPNAVINST 3750.6R - Naval Aviation Safety Program;

(d) COMPACFLT INSTRUCTION 3124.31 - Aviation Embarkation and Deck Landing

Qualification (DLQ) Policy and Procedures;

(e) NAVAIR 00-80T-122 - Helicopter Operating Procedures for Air-Capable Ship

(HOPACS) NATOPS Manual of 15 May 2010;

(f) Naval Air Engineering Center-Engineering (NAEC-ENG)-7576, Shipboard Aviation

Facilities Resume, Revision BH (to be issued upon Contract award);

(g) APP 2(F)/MPP 2(F) Volume II, PG, Helicopter Operations From Ships Other Than

Aircraft Carriers (HOSTAC) Technical Supplement Pocket Guide (to be issued upon Contract award); and

(h) MSC SMS 7.11-001-ALL Rev 4.0 - Military Sealift Command Aviation Operations.

(i) MSC SMS 7.11-002-SQ Original - Aviation Mishap Reporting Procedures

Should any conflicts occur between Navy Regulations and any FAR, the more restrictive shall apply. If the resolution dictates a change in the Detachment SOP, said change shall be made and provided to the Government in accordance with Section C-11.2.1.

C 3.6 The Contractor shall comply with generally accepted standards of airmanship, training, and maintenance practices and procedures. In addition, the Contractor shall comply with all provisions of applicable statutes, tenders of service, and contract terms as such may affect flight safety, as well as with all applicable FAA Regulations, Airworthiness Directives (AD), Orders, rules, and standards promulgated under Title 49 USC Transportation. Compliance with published standards may not, standing alone, constitute compliance with generally accepted standards of airmanship, training, or maintenance.

C 3.7 During performance of this Contract, Detachment aircraft may be determined to be “public aircraft” [see 49 USC 40102(a) (41)]. Regardless of such a determination by the Department of Transportation (DOT), or any other entity, the Contractor’s performance in response to the requirements of this Contract shall comply with all applicable Federal Statutes, Regulations, and Directives applicable to the same or similar operations performed, for compensation or hire, outside the definition and concept of “public aircraft”.

C 3.8 Prior to conducting operations on air stations controlled by DoD or other federal agencies, the Contractor shall obtain current Aviation Facility Licenses authorizing operations (as appropriate) at the intended areas of operations.

C 3.9 The Contractor shall comply with all applicable U.S. Occupational Safety and Health Administration (OSHA) and EPA requirements, as well as all applicable Federal, State, Interstate and local environmental laws and regulations pertaining to aircraft cleaning, painting, operations and the use, storage, and disposal of hazardous materials. Additionally, the Contractor shall comply with all U.S. Navy shipboard procedures and requirements pertaining to training, control, use, handling, storage and disposition of hazardous material and hazardous waste.

C 3.10 If at any time the Contractor ceases operations or surrenders its operating certificate to the FAA, the Contractor shall provide notification within 24 hours to the Contracting Officer and DoD Commercial Airlift Division at (618) 229-4801, and HQ AMC/A3B, 402 Scott Drive, Unit 3A1 Scott AFB IL 62225-5302, in writing and state the circumstances for ceasing operations and/or surrendering its operating certificate.

C 4.0 DETACHMENT AIRCRAFT REQUIREMENTS

C 4.1 All Detachment aircraft shall be certified as airworthy by trained and certified mechanics for that specific airframe. Airworthy certificates shall be made available to the Government upon request. Per Section E-5.0, the Government reserves the right to perform an independent assessment of the condition of any contract helicopter at any time.

C 4.2 Detachment aircraft shall be kept clean and neat, including exterior paint.

C 4.3 The Contracting Officer or his/her designee shall approve all transient aircraft.

C 4.4 Minimum Aircraft Capabilities. Detachment aircraft shall be US Flagged, meet all standards for DoD contract aircraft operations under 14 CFR 135, and be compatible with T-AKE Class Aviation-related facilities including hangar, flight deck electrical facilities, and related support systems. Additionally, Detachment aircraft shall be capable of:

C 4.4.1 Being simultaneously stored within the confines of the ship’s hangar with the hangar doors closed without blade removal or removal of other major aircraft components. If a blade or tail-folding system is necessary to fit within the confines of the ship’s hangar, either a blade or tail-folding system is acceptable. (See Attachment J-03 for T-AKE Hangar specifications).

C 4.4.2 Operating with JP-5, NATO F-44 fuel.

C 4.4.3 Performing its assigned mission(s) for a minimum of ten (10) continuous flight hours between each scheduled maintenance and inspection interval.

C 4.4.4 Hot-refueling using an FAA-approved closed circuit refueling (CCR) nozzle. Fueling system shall be compatible with U.S. Navy aircraft shipboard refueling systems. (See Attachment J-04 for Closed Circuit Refueling.)

C 4.4.5 Being secured on deck in such a manner as to prevent more than nominal movement of the aircraft in all sea states.

C 4.4.6 Performing VERTREP as follows:

(a) With an aggregate external lift Hover In Ground Effect (HIGE) and Hover Out of Ground Effect (HOGE) capacity of not less than 3,500 pounds. Conditions for this measure are: 32°C OAT; sea level; 1.5 hours mission fuel onboard.

(b) With an aggregate external lift HIGE and HOGE capacity of not less than 4,500 pounds. Conditions for this measure are: 32°C OAT; sea level; 20 minutes of mission fuel onboard or 10% reserve, whichever is greater.

(d) In headwinds of up to 35 knots at sea level, relative to the nose of the aircraft.

(e) Using a cargo hook system(s) rated at the aircraft’s lift capacity, and capable of simultaneously handling two Mk-105 pendants.

C 4.4.7 Being equipped with either a swimmer assisted (Contractor-provided swimmer) or non-swimmer assisted personnel recovery system. The personnel recovery system must have a rescue hoist operator (non-flying pilot or additional crewmember), a rescue hoist, and recovery basket or other recovery equipment.

C 4.4.8 Carrying a minimum of five (5) passengers and associated baggage, in addition to Detachment aircrew.

C 4.4.9 Carrying at least one (1) patient on a litter, and one medical care provider (corpsman or similar) in addition to Detachment aircrew.

C 4.4.10 Carrying one (1) standard Navy pallet (40” x 48”); loaded (40” x 48” x 24”) weighing 2,000 lbs.

C 4.4.11 Flying a minimum period of 1.5 hours with adequate fuel reserve, or 2.0 hours for non-

VERTREP operations.

C 4.5 Minimum Aircraft Equipment Specifications. Detachment aircraft shall be equipped with:

C 4.5.1 A subdued color scheme. The Contractor shall comply with all OSHA and EPA requirements regarding aircraft cleaning and painting operations. The proposed aircraft shall not be painted in a color that is close to military colors and paint schemes. Authorized marking on all helicopters will be the Contractor’s name on each side (optional) as well as required markings such as tail numbers. The Contractor shall submit proposals for aircraft color schemes other than white to the Contracting Officer for approval prior to deployment.

C 4.5.2 A cargo hook system(s) rated at the aircraft’s offered lift capacity. The system(s) shall be fully compatible with the VERTREP equipment utilized by the Navy, as described in NAVAIR 00-80T-122. The system(s) shall be capable of handling two (2) Mk-105 pendants simultaneously.

C 4.5.3 At least one (1) life raft properly stowed for quick availability and deployment by aircrew.

C 4.5.4 An operable mechanical rotor brake.

C 4.5.5 Working wheel brakes actuated by a hydraulic system, if aircraft is equipped with wheels.

C 4.5.6 A flight meter (Hobbs Model N 1 69 or equivalent) capable of recording the aircraft’s flight time.

C 4.5.7 A cockpit heater, windshield wipers, and window defogging system as required by the FAA for aircraft certification.

C 4.5.8 A transmission chip detector.

C 4.5.9 A fixed Emergency Locator Transmitter (ELT) installed in a conspicuously marked location.

C 4.5.10 A Global Positioning System designed for aircraft installation with an approved fixed aircraft antenna.

C 4.5.11 One (1) Tactical Air Navigation (TACAN) capable of operating on any of 252 channels; 126 in the x-band, and 126 in the y-band with distance and bearing indicator.

C 4.5.12 A Radar Altimeter (RADALT) with associated audio and visual alarms for height over ground.

C 4.5.13 One (1) water activated Underwater Acoustic Beacon (pinger), mounted to the aircraft’s airframe and maintained in accordance with the manufacturer's specifications that meets or exceeds the requirements of FAA Advisory Circular 21-10A.

C 4.5.14 An Air Traffic Control (ATC) transponder and an altitude reporting system meeting the requirements of the FAR (14 CFR 91.411 and 91.215). The ATC transponder shall also be Mode 4 capable and compatible with the KIT-1C computer provided as Communications Security (COMSEC) equipment available for Contractor use (see Section C-10.3.1).

C 4.5.15 An audio control system that can provide for selecting the following radios and systems:

(a) VHF/UHF AM-FM Communications set (AN/ARC 182 or AN/ARC-210 or ARC-

186 or equal) with capability which includes: (1) 6960 channels spaced 25 kHz apart;

(2) AM or FM capability from 30 - 173.975 MHZ as follows:

(i) 30 - 87.975 MHZ FM, 2,320 channels;

(ii) 108 - 117.975 MHZ, FM receiver only (VOR capable), 400 channels;

(iii) 118 - 155.975 MHZ AM, 1,520 channels;

(iv) 156 - 173.975 MHZ FM, 720 channels;

(v) Four Guard Frequencies at 40.5 MHZ FM; 121.5 MHZ AM; 156.8 MHZ FM;

and 243 MHZ AM; and

(vi) 225 - 399.975 MHZ AM/FM 7,000 channels.

(b) In the event that one radio is used to meet the requirements set forth above, the aircraft shall have a second radio to ensure the aircraft has two (2) independent radios for communications with U.S. Navy vessels.

(c) Internal Communication System (ICS).

C 4.5.16 Survival equipment appropriate for the environment and mission that meets or exceeds

FAR Part 133 and 135 or equivalent CAA regulation.

C 5.0 MAINTENANCE REQUIREMENTS

C 5.1 The Contractor shall maintain and comply with its Maintenance Plan [Attachment 06(d)]. All changes to the Maintenance Plan must be approved by the Contracting Officer prior to implementation. At a minimum, the Maintenance Plan shall comply with the requirements of this Section and provide the following:

(a) Listing of current maintenance deficiences on proposed aircraft, and a plan for how these will be addressed and corrected prior to testing/deployment;

(b) Discussion of how the risk of non-performance to the Government will be minimized due to required maintenance;

(c) FAA and FAR periodic maintenance requirements verification;

(d) List of maintenance deficiencies on the proposed aircraft and how these will be addressed and corrected prior to testing and/or initial deployment;

(e) Depot level maintenance and inspection scheduling;

(f) Tracking system for parts and maintenance requirements;

(g) Detailed PUK inventory;

(h) Support equipment maintained on site; and

(i) Tool control practices and calibration procedures.

C 5.2 All materials and matters pertaining to the maintenance and material condition of the Detachment aircraft, including transportation of critical spares, parts, and other needed equipment, are the responsibility of the Contractor. The Detachment shall maintain sufficient spares, tools, and support equipment to be used while maintaining aircraft readiness and mission availability of Detachment aircraft.

C 5.3 The Contractor shall maintain Detachment and potential substitute aircraft listed on the Contractor’s Procedures Manuals issued in accordance with the applicable provisions of the FAR.

C 5.4 If the Contract calls for the installation of any special equipment, the Contractor shall ensure that both the installation and equipment are FAR approved.

C 5.5 Before the start date of each embarkation or OCONUS deployment, all maintenance deficiencies shall be corrected or deferred in accordance with the Contractor's approved Maintenance Manual and FAR.

C 5.6 The Contractor is responsible for the storage, maintenance, and repair of aircraft on facilities ashore. Landing and/or ramp fees will be reimbursed in accordance with Section B-2.0 only when the Detachment aircraft are directed to be shore-based, or when preapproved by the Contracting Officer.

C 5.7 Specific Maintenance Warranty

C 5.7.1 Detachment aircraft and associated equipment shall be maintained in accordance with the specifications of this Contract, the manufacturer's specifications, and all FARs as if it were a civil aircraft. In instances where this Contract conflicts with the manufacturer's specification and/or FAR, the manufacturer's specifications and the FAR take precedence. Contractor shall not anticipate that a waiver or extension to maintenance requirements will be granted.

C 5.7.2 All maintenance and inspections shall be performed by Contractor personnel with appropriate and current FAA certificates in accordance with 14 CFR Part 91 and Part 135.

C 5.8 Maintenance Schedule

C 5.8.1 The Contractor shall perform scheduled maintenance and inspections, and provide all parts, labor, and expertise necessary to complete the required tasks.

C 5.8.2 Upon reaching the factory recommended time or FAA approved extension, all time-change components, including engines, shall be replaced.

C 5.8.3 The Contracting Officer and COR, with a courtesy copy to the Ship's Master and Chief Mate, shall be notified of all required periodic maintenance and inspections that can reasonably be expected to adversely affect the material condition of Detachment aircraft for more than four (4) hours shall be requested in writing/electronically, and approved by the Contracting Officer prior to the start of maintenance or inspections event.

C 5.8.4 All maintenance will be performed and all inspections will be conducted at such time and in such a manner as to not disrupt the operations of the ship or, if ashore, the shore facility

(including flight operations), performance of duties by ship's crew or ashore personnel, or mission availability of Detachment aircraft.

C 5.9 Ready For Tasking

C 5.9.1 Daily Aircraft Status. When embarked, the Detachment shall report aircraft readiness daily by OPREP-5. At a minimum, the OPREP-5 report shall include the following information:

(a) Tail Number

(b) Current aircraft material condition (FMC, PMC or NMC)

(c) Number of hours flown in last 24 hours

(d) Number of hours until next scheduled inspection (e.g. 100 hour inspection)

(e) Anticipated activity during next 24 hours

(f) OIC remarks (explain NMC status with ETR, parts issues, etc)

C 5.9.2 Maintenance Days.