Attachment_1_-_Terms_and_Conditions_.pdf

Attachment 1

NIIHAU RANCH

P.O. Box 690229

Makaweli, Kauai, HI, 96769

8 January 2016

Attachment to Proposal for Services Niihau Ranch Support for

Facilities Maintenance Support (FMS) Services

Solicitation

TBD

Terms and Conditions for:

Use of Niihau Island Facilities

Helicopter Services

Protection of Historical/Cultural Resources

GENERAL:

1. The following terms and conditions for use of Niihau Island Facilities shall be incorporated into any contract award derived from Solicitation TBD.

2. All occasions for entry to Niihau Island by government or contractor personnel of the Pacific Missile Range Facility (PMRF) or other government agencies including supporting contract personnel, shall be coordinated with the Niihau Ranch Point of Contact (NPOC) via the Niihau Ranch Business Office (808) 338-0701, without exception. In the absence of the NPOC, the Niihau Ranch Manager shall be contacted. Government or contractor personnel entering Niihau Island shall do so with no risk assigned to Niihau Ranch, its owners or representatives. Niihau Ranch shall assume no liability for personnel injury, equipment damage, or property damage resulting from or incurred during any ground operations conducted on Niihau Island unless the damage or injury is caused from willful misconduct or lack of good faith on the part of Niihau Ranch.

3. No services shall be requested for Sundays or significant religious dates, without exception. There shall be no smoking, consumption of alcohol, or firearms permitted on Niihau Island. Government or contractor personnel shall not remove any object(s) from Niihau Island, and shall be responsible for the proper disposal of any trash/waste generated during any visitation.

4. All government or contractor personnel shall be escorted by a Niihau Ranch representative for the duration of each visitation or exercise. Niihau Ranch shall

Attachment 2 designate escort requirements on a case basis, dependent on total requirements. Generally, escort requirements shall include two ranch personnel for safety reasons. One of the assigned escorts will have supervisory authority and communications capability. When the Niihau Helicopter remains with a work crew, the pilot shall serve as the escort unless additional support personnel are required per tasking. All personnel shall be subject to the terms and conditions stated herein, where applicable.

5. The government shall utilize Niihau Ranch and Niihau Helicopters ground, surface and air transportation services for all personnel/equipment transportation requirements involving Niihau Island facilities or operations of the PMRF conducted on Niihau Island.

Regarding transportation of technicians or equipment to sites on Niihau, the following applies:

a. Niihau Helicopters shall be tasked to provide primary airlift.

b. When large equipment must be accommodated, it must be shipped to Niihau in advance by barge subject to established Surface/Ground Transportation and other applicable rates.

c. When not practical to ship by the Niihau Helicopter, such as when equipment is sensitive or too large, and the Program Manager requires shipment by air, the Navy will be allowed to transport same to the designated Site via other Navy contracted helicopter or by organic DoD helicopter assets subject to imposition of a landing fee.

d. When the Niihau Helicopter is down for maintenance or is scheduled for other uses, and personnel must be transferred to the Site, the Niihau Ranch Manager may opt to contract third party helicopter services (with a valid Aviation Facility Use Permit) to accomplish the mission or to authorize a Navy contracted helicopter for transport with no landing fee assessed.

e. Aside from situation described in c. above, or in emergencies ( as in operational emergency situations, not including aircraft emergencies), when a Navy contracted helo or organic DoD helicopter lands on Niihau, it would be subject to a landing fee which shall be assessed per mission. For clarification, a mission is defined as a single evolution involving one landing and one takeoff (including hover transfer of personnel or cargo) from any Niihau site as approved by the Niihau landowner.

UTILIZATION OF NIIHAU SITES:

6. The government and its assigned representatives including supporting contract personnel shall be allowed to enter and or utilize certain areas of Niihau Island, as agreed to on a case basis by the Niihau Ranch Manager via the NPOC, for purposes of planning for, or conducting operations in support of the PMRF or other agencies which utilize PMRF for training or as a project support site. In the utilization of such areas, the following, where applicable, shall apply in addition to the General Provisions stated above:

a. The government may furnish government or contracted engineering and technical support personnel where required to install, test or operate technical systems. Where non-technical labor is required to support any site, operation or project, available Niihau Ranch labor shall be utilized.

b. The government shall be responsible for proper compliance with existing County, State or Federal Regulations, Statutes or Laws which may affect operations conducted on Niihau Island in support of the PMRF or other agencies which utilize PMRF.

c. The site(s) utilized shall not be altered in any way unless approved by the Niihau Ranch Manager.

d. The government shall take precautions not to introduce foreign pests or plants onto Niihau Island. Proper agriculture inspections shall be performed for all cargo shipped to PMRF from out of state for further transport to Niihau by air or by barge. User shall present a copy of the agriculture inspection certificate to the Niihau Ranch manager prior to shipping such cargo to Niihau Island by barge or by aircraft. For local cargo originating from any location within the State of Hawaii, thorough inspections and fumigation when applicable shall be performed prior to transport to Niihau Island. Personnel and equipment should be inspected for dirt or plant residue prior to transport to Niihau. Specific examples of unwanted organisms include (but are not limited to) the mongoose, termites, the Brown Tree Snake or any seeds which may be transported to Niihau in equipment or by personnel.

e. The government shall include the NPOC in planning for projects or operations involving Niihau Island.

f. The government (at its own risk) shall be allowed to place equipment at selected sites subject to coordination with the NPOC and approval by the Niihau landowners. Niihau Ranch assumes no liability for government equipment being transported to or from, or placed at any site unless resulting from willful misconduct or negligence on the part of Niihau Ranch or its employees. The government should be aware that there is a constant risk to equipment on Niihau due to the harsh environment (salt spray, dust, wind & rain), from animal or insect encroachment, and very rarely from rockslides which occur on the island's cliffsides. There is also the remote risk of vandalism or theft caused by unauthorized trespassers.

g. The government shall employ reasonable safety procedures and precautions to prevent incidents of personnel injury and property or equipment damage in the conduct of operations or technical work on Niihau Island.

HELICOPTER SERVICES:

7. All Helicopter Services supporting this proposal shall be furnished by Niihau Helicopters, as Indefinite Delivery Requirements (IDR) services, tasked by properly executed Helicopter Service Order, now called Niihau Service Order (NSO).

8. The time that elapses while the helicopter is airborne in direct support of a PMRF mission shall be known as Flight Time. Flight time shall be recorded by installed Hobbs meter which activates only when the aircraft is airborne. There shall be no minimum flight time requirements on individual missions. Flight time is tracked to the tenth (1/10) of an hour. Meter readings are reported at the initial takeoff and final landing when invoicing for flight time.

9. A maximum of six passengers with up to 300 lbs of cargo (subject to cabin and cargo compartment size limitations) can be accommodated, with total pax and cargo weight not to exceed 1260 lbs (including pilot). With no cargo, seven passengers can be accommodated subject to cabin size and maximum weight limitations. Niihau Helicopters reserves the option of utilizing available space/seats on any flight on a not to interfere with government operations basis. The Niihau Helo cabin and cargo compartment dimensions are as follows:

Cabin Width: 4.66’/Length 5.35’ Cabin Door: 3.48’H/3.77’W Baggage Compartment Width (FWD) 3.94’ Baggage Compartment Width (AFT)2.95’ Baggage Compartment Length: 3.28’ Baggage Compartment Height: 1.67’

10. Refueling of the Niihau Helicopter with Jet-A fuel, where necessary shall be performed at PMRF by PMRF authorized contractor personnel with costs, at the appropriate prevailing government/contract fuel rate including appropriate surcharges, to be reimbursed through an account established separately with DFAS.

11. Requests for helicopter services shall be made as early as possible, but no later than 24 hours prior to desired takeoff time. Every attempt will be made to accommodate emergency services where notification occurs less than 24 hours prior to flight. Niihau Helicopters routinely provides priority scheduling for PMRF operations or requirements. In order to facilitate effective aircraft utilization, cancellations should be avoided where possible. The government will be invoiced a cancellation fee in accordance with the appropriate rate schedule in the event of a cancellation which occurs after the aircraft is airborne from the base of operations. All requests for services shall be made directly through the Niihau Ranch business office, (808) 338-0701, or the Niihau Helicopters office, (808) 335-3500, in that order of contact.

12. No services shall be requested for Sundays or significant religious dates.

13. Niihau Helicopters shall be responsible for maintaining an Aviation Facility Use Permit for PMRF, and Federal Aviation Regulations Part 135 Certification for the aircraft and pilots.

Aircraft requiring an Aviation Facility Use Permit shall prepare and submit form DD2401, license application; form DD2400, Certificate of Insurance; and form DD 2402, Hold Harmless Agreement.

14. Niihau Helicopters shall require occasional use of PMRF airfield facilities and other helipads under the control of PMRF for pilot training as necessary.

15. Closed field operations (operations without the control tower being manned) as authorized by the PMRF Commanding Officer shall be as coordinated with PMRF Air Operations, on a case by case basis.

16. Niihau Helicopters reserves the right to refuse services to any individual, who in the estimation of the pilot, would jeopardize the overall safety of the flight by virtue of that individual’s mental or physical condition. Other grounds for refusal of service include the observed or perceived intent of an individual to violate the accepted terms of entry to the Island of Niihau as set forth herein and by the Niihau Ranch Manager.

PROTECTION OF HISTORICAL/CULTURAL RESOURCES:

17. In planning for PMRF operations support, the proposed Niihau land areas required for support of any particular operation shall be identified by PMRF representatives to the NPOC, who will forward and discuss the plan with the landowner who will take it to the Niihau elders. Historically/culturally sensitive areas shall be avoided whenever possible, or measures shall be employed to prevent or minimize damage to those sites. Where threat of fire exists in any operation, PMRF shall schedule and provide for a Niihau Ranch fire suppression team to be on standby on Niihau during operations. PMRF shall provide adequate fire suppression equipment for use by the team.

18. Prior to any activity which will require known disturbance of the ground (i.e., construction) the site shall be surveyed by a professional archaeologist, if not previously surveyed. Prior to start of ground disturbance activity, construction crews shall be briefed on the sensitivity of cultural resources and the procedures to be followed if sensitive items are uncovered during work at the site. During site preparation and construction, the site shall be monitored by a representative of the Niihau Ranch. A qualified archaeologist, agreeable to the landowner, would assist the island elders in monitoring the siting areas during construction and all ground disturbing activities. If sensitive items are uncovered during surveys or construction, as confirmed by the landowner and Niihau elders, with assistance of the qualified archaeologist (including artifacts or human remains), work shall stop, the area protected and follow-up action initiated. The property owner and elders from the Niihau community will employ action consistent with local custom. Work may recommence upon the advice of the property owner. Survey reports will be reviewed by representatives of Niihau Ranch. Private or commercial publishing of any information pertaining to Niihau is prohibited without permission of the landowner.

19. Should there be unexpected property damage resulting from any PMRF operations, the property owner and elders from the Niihau community will be consulted on appropriate measures to protect, stabilize, or restore the property. The Navy will pay for cost of stabilization/restoration if desired by the landowner subject to findings of an appropriate government or civil mediation process and subject also to the availability of funds.

20. PMRF shall be responsible for funding and scheduling all required surveys in consultation with the NPOC and as authorized by the landowner.

OTHER CONDITIONS OR MODIFICATION OF EXISTING TERMS:

21. Additional conditions or modifications to terms stated herein may be stipulated in writing upon agreement by PMRF Contracting Officer’s Representative (COR).

22. This document supersedes all previous versions.

NO OTHER CONDITIONS FOLLOW.