N3220519R2012_Amendment0002_Conform.pdf

SEE ADDENDUM

(No Collect Calls)

N3220519R2012 17-May-2019

b. TELEPHONE NUMBER

757-443-1574

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 18 Jun 2019

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N322059. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JORDAN R. CASTELLAT

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

MILITARY SEALIFT COMMAND NORFOLK

471 EAST C STREET, BLDG SP-64 NAVAL STATION N

NORFOLK VA 23511-2419

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,500

NAICS:

481212

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N3220519R2012

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 365 Days 1st Helicopter Per Diem

FFP

Heavy-Lift in accordance with the PWS Period of Performance: 01 October 2019 - 30 September 2020 Phase-in Period: 18 June 2019 - 30 September 2019 FOB: Destination V121

NET AMT

0002 240 Hours Flight Rate

FFP

Heavy-Lift in accordance with PWS.

The second aircraft and detachment shall be delivered to Bahrain no later than 1200 (local standard time at delivery location) on 01 March 2020.

0003 1 Each

ODC

FFP

See Section 3.3 of the PWS for ODC details.

Period of Performance: 01 October 2019 - 30 September 2020

1001 152 Days OPTION 2nd Helicopter Per-Diem

FFP

Heavy-Lift in accordance with the PWS.

Because specific delivery dates for the second helicopter may be mutually agreed upon by both parties as operational requirements dictate, the 152 days from the beginning of contract PoP (01 October 2019) to the day prior to the required delivery date of the second helicopter (29 February 2020) shall be priced to allow for flexibility in the option exercising timeline.

1002 214 Days OPTION 2nd Helicopter Per-Diem

FFP

Heavy-Lift in accordance with the PWS (Required PoP) The second aircraft and detachment shall be delivered to Bahrain no later than 1200 (local standard time at delivery location) on 01 March 2020.

2001 92 Days OPTION Per-Diem (FAR 52.217-8 Period One)

FFP

2 Heavy-Lift Helicopters in accordance with the PWS Period of Performance: 01 October 2020 - 31 December 2020

2002 60 Hours OPTION Flight Rate (FAR 52.217-8 Period One)

FFP

Heavy-Lift in accordance with PWS

2003 1 Each OPTION ODCs (FAR 52.217-8 Period One)

FFP

See Section 3.3 of the PWS for ODC details.

3001 31 Days OPTION Per Diem (FAR 52.217-8 Period Two)

FFP

Heavy-Lift in accordance with the PWS Period of Performance: 01 January 2021 - 31 January 2021

3002 20 Hours OPTION Flight Rate (FAR 52.217-8 Period Two)

FFP

Heavy-Lift in accordance with PWS

3003 1 Each OPTION ODCs (FAR 52.217-8 Period Two)

FFP

See Section 3.3 of the PWS for ODC details.

4001 28 Days OPTION Per Diem (FAR 52.217-8 Period Three)

FFP

Heavy-Lift in accordance with the PWS Period of Performance: 01 February 2021 - 28 February 2021

4002 20 Hours OPTION Flight Rate (FAR 52.217-8 Period Three)

FFP

Heavy-Lift in accordance with PWS Period of Performance: 01 February 2021 - 28 February 2021

4003 1 Each OPTION ODCs (FAR 52.217-8 Period Three)

FFP

See Section 3.3 of the PWS for ODC details.

Period of Performance: 01 October 2019 - 30 September 2020 Phase-in Period: XXXXX

5001 1 Each Delivery

FFP

Delivery of the first helicopter.

5002 1 Each OPTION Delivery

FFP

Delivery of the 2nd Helicopter

5003 2 Each OPTION Redelivery

FFP

This CLIN shall include all costs to redeliver both heavylift helicopters.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 1001 N/A N/A N/A Government 1002 N/A N/A N/A Government 2001 N/A N/A N/A Government 2002 N/A N/A N/A Government 2003 N/A N/A N/A Government 3001 N/A N/A N/A Government 3002 N/A N/A N/A Government 3003 N/A N/A N/A Government 4001 N/A N/A N/A Government 4002 N/A N/A N/A Government 4003 N/A N/A N/A Government 5001 N/A N/A N/A Government 5002 N/A N/A N/A Government 5003 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-OCT-2019 TO

30-SEP-2020

N/A N/A

0002 POP 01-OCT-2019 TO

0003 POP 01-OCT-2019 TO

1001 POP 01-OCT-2019 TO

29-FEB-2020

1002 POP 01-MAR-2020 TO

2001 POP 01-OCT-2020 TO

31-DEC-2020

2002 POP 01-OCT-2020 TO

2003 POP 01-OCT-2020 TO

3001 POP 01-JAN-2021 TO

31-JAN-2021

3002 POP 01-JAN-2021 TO

3003 POP 01-JAN-2021 TO

4001 POP 01-FEB-2021 TO

28-FEB-2021

4002 POP 01-FEB-2021 TO

28-FEB-2021

4003 N/A N/A N/A N/A

5001 01-OCT-2019 1 N/A

5002 POP 01-OCT-2019 TO

01-MAR-2020

5003 N/A N/A N/A N/A

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

VERTREP DETACHMENT A - LANT

1.0 TABLE OF CONTENTS

1.0 Table of Contents

2.0 Glossary

3.0 Services and Prices

4.0 Delivery and Performance

5.0 Missions and Conditions

6.0 Regulatory Compliance, Certifications, and Licenses

7.0 Detachment Aircraft Requirements

8.0 Maintenance Requirements

9.0 Detachment Aircraft Changes, Alterations, & Substitutions

10.0 Notice of Accidents And Incidents (Casualty Reporting)

11.0 Key Personnel and Contractor Personnel Requirements

12.0 Medical Requirements

13.0 Training Requirements

14.0 Inspections

15.0 Operational, Maintenance, Aircraft, and Personnel Waivers

16.0 Government Furnished Services/Property

17.0 Security Requirements

18.0 Insurance Requirements

19.0 Contract Deliverables

20.0 General Contract Administration

21.0 Agency and Demise

22.0 Laws Governing

2.0 GLOSSARY

The explanation or definitions of terms and abbreviations commonly used in the aviation community can be found in Federal Aviation Regulation Part 1, Department of Defense Flight Information Publication (FLIP) General Planning Chapter 2, and Aeronautical Information Manual (AIM) pilot/controller glossary. No effort to duplicate these terms is intended. Where terms are used in this Contract with a different connotation, or where definitions are lacking in the above-mentioned publications, the explanations of such terms are included.

A/C – Aircraft, i.e., both Detachment A/C unless otherwise specified only as one (1) A/C

Accident – As defined in Title 49, Code of Federal Regulations (CFR) Part 830.

Alterations – Additions of equipment; changes to the configuration, location, type, or number of pieces of equipment or systems; changes in the arrangement and outfitting of the aircraft.

Air Mobility Command (AMC) – Provides the Contractor approval for use by the Department of Defense (DoD) through the Commercial Airlift Review Board (CARB) certification process.

CBRN – Chemical, Biological, Radiological, and/or Nuclear environment.

Cross-Deck – Transferring of all detachment personnel, equipment, tools, spare parts, aircraft, etc. from one vessel to another. This may take place in port or under way.

Critical Spare Components – At a minimum: two (2) main rotor blades, one (1) spare engine, one (1) generator /alternator. List may be adjusted by COR.

Deployed – Instance in which Detachment (aircraft and personnel) are actively embarked on U.S. Navy vessels or shore-based in support of contract requirements.

Detachment – A deployed aviation unit comprised of all Contractor personnel (aircrew and ground maintenance personnel) and equipment (one (1) or two (2) commercial helicopters and associated support equipment as required) for the purposes of performing the services called for in this Contract.

Defense Logistics Agency (DLA) Energy – Provides the DoD and other government agencies with energy support (e.g., fuel).

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

OCONUS.

Emission Control (EMCON) – Operating environment where electronic emissions will be reduced or eliminated.

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

Functional Check Flight (FCF) – Type of flight performed to determine whether an aircraft airframe, engine(s), accessories, or equipment is functioning according to established standards and performed with the intent of returning an aircraft back to FMC status.

Full Mission Capable (FMC) – The operational readiness condition of a Detachment aircraft indicating it is fully operational and capable of performing all missions specified in Paragraphs 5.6.1 and 5.6.2 on a 24-hour per day basis.

Government – Any person or organization within the U.S Government with a vested interest in the safe outcome of the missions assigned to the contractor for which this contract supports.

Incident– As defined in 49 CFR Part 830.

Joint Travel Regulations (JTR) – Travel and transportation regulations applying to DoD civilian employees and others traveling at DoD expense.

MSC Area Commander – One of five subordinate Military Sealift Command (MSC) Commanders who serves as MSC'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) – The operational readiness condition of a Detachment aircraft indicating that it is not capable of performing any of the missions specified in Paragraphs 5.6.1 and 5.6.2.

NMCS – Not mission capable due to supply/awaiting parts NMCM – Not mission capable due to maintenance action pending/incomplete NMCG – Not mission capable due to government incurred delay for test NMCC – Not mission capable due to crew manning

Officer-In-Charge (OIC) – An individual charged with the responsibility of shipboard or shore-based administration, and personnel of a particular Detachment. This individual shall be deployed with the Detachment under his/her cognizance.

Pack-Up Kit (PUK) – Contractor-furnished maintenance equipment including critical spare parts and consumables needed by the Detachment in the performance of this contract.

Partial Mission Capable (PMC) – The operational readiness condition of a Detachment aircraft or crew qualifications indicating that is capable of performing at least one, but not all of the missions specified in Paragraphs

5.6.1 and 5.6.2

Pilot-In-Command (PIC) – The pilot who:

1. Has final authority and responsibility for the operation and safety of the flight;

2. Has been designated pilot in command on the flight schedule and before the flight; and

3. Holds the appropriate category, class, and type rating, if required, for the conduct of the flight.

Ready For Tasking (RFT) – Detachment status indicating both aircraft are FMC, all crew are mission qualified, and detachment resources are in standards.

Scheduled Maintenance – Periodic prescribed inspections or servicing of aircraft or equipment, accomplished on a calendar, mileage, or flight-hours basis to ensure the aircraft is safe and fully operational to execute missions.

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.

Standard Key Loader (SKL) – Programmable cytological key set for loading transponder codes.

Support Equipment – Includes all Contractor-furnished or owned equipment necessary for performance under this Contract.

Type Model Series (TMS) – Aircraft’s manufacturers designated model and series of airframe.

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.

Unscheduled Maintenance – Maintenance that is not scheduled but is required to correct deficiencies and restore the helicopter to an operational readiness condition, or equipment to a serviceable condition.

U.S. Navy vessels – All air capable USS and USNS ships from which helicopters can takeoff, land or routinely receive and transfer logistic support, as defined in OPNAVINST 3100.8 (series).

Vertical Replenishment (VERTREP) – as defined in Joint Publication 3-04 (Joint Shipboard Helicopter Operations) to include movement of stores, ammunition, and other high value cargoes via airlift.

3.0 SERVICES AND PRICES

3.1 The Government shall pay for services provided under this Contract at the amounts set forth in the contract schedule. Said payments shall be considered payment in full for all services, equipment, personnel, supplies, training, and maintenance of aircraft including overtime, penalty time, bonuses, payments and emoluments payable to Contractor personnel irrespective of the geographic scope of said services and including the carriage of hazardous cargoes under this Contract, except as elsewhere provided as specifically reimbursable.

3.2 Definition of Contract Line Items (CLIN(s)):

3.2.1 Per Diem: Firm-fixed-priced, daily rate shall cover the cost of daily operation of the Detachment and services unless an expense is specifically listed in the Contract as being reimbursable. Per Diem is subject to scheduled deductions in accordance with the Quality Assurance Surveillance Plan (QASP) (Attachment 1).

3.2.2 Flight Rate: Firm-fixed-priced, hourly rate associated with actual flight operations of Detachment aircraft for missions set forth in Paragraph 5.6, and currency/proficiency flights in accordance with Paragraph 13.8.2. The hourly rate shall include fuel. The Contractor shall be paid for actual flight hours used to the nearest tenth of an hour up to 240 hours. Hours in excess of 240 during the performance period may not be flown without Contracting Officer’s prior approval and shall be flown at current Flight Rate.

3.2.3 Other Direct Costs (ODCs): ODCs are those items in direct support of Detachment aircraft missions, or otherwise pre-approved by the Contracting Officer. The reimbursement cost shall not include overhead, general and administrative costs, material handling costs, profit, or fees above the actual price as per Paragraph 3.3.

3.2.4 Delivery Price: Firm-fixed-priced, lump sum to transport each aircraft to the delivery location specified in Paragraph 4.2. The Contractor shall invoice upon the Government’s issuance of a satisfactory Acceptance Inspection, as set forth in Paragraph 4.3.5. Upon request, the Government may, at its discretion, provide an opportune lift in which a Government-owned ship/aircraft transports the Detachment aircraft from Continental United States (CONUS) to the delivery location. If an opportune lift is available, any cost savings associated with that lift shall be realized by the Government in the form of a price reduction to this CLIN.

3.2.5 Redelivery Price: Firm-fixed-priced, lump sum to transport both aircraft from the redelivery location at the end of the final performance period. The Contractor shall invoice upon redelivery of the aircraft from the redelivery location. 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 its discretion, provide an opportune lift in which a Government-owned ship/aircraft transports the aircraft from redelivery location to CONUS. If an opportune lift is available, any cost savings associated with that lift shall be realized by the Government in the form of a price reduction to this

CLIN.

3.3 Other Direct Cost Procedures

3.3.1 The Government will reimburse the Contractor only for the actual price paid for those supplies and services that are identified as ODC items by this Contract. “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.

3.3.2 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 the nearest DoD lodging facility, if within a reasonable distance (20 miles) from the ship's location. If accommodations are not available at the DoD facility, the Contractor shall obtain a Certificate of Non-Availability (CNA) prior to obtaining off-base accommodations.

3.3.3 With the exception of travel, which is subject to JTR, to be eligible to receive reimbursement under this Contract, the Contractor must obtain at least three (3) quotes for each supply or service in excess of $2,500 to ensure that adequate price competition was sought or the Contractor must 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, substantiating actual costs incurred. The Contractor shall maintain documentation of all reimbursable purchases up to three (3) years after the Contract is completed and shall provide access to and copies of such documentation when requested by the Contracting Officer, his/her designee, or the Contracting Officer’s Representative (COR). At a minimum, the documentation shall include:

(a) A description of the supplies or services

(b) Identification of the proposed supplier and price.

(c) Suppliers contacted and price quotes. Include other pertinent data, such as price lists used if suppliers were not contacted, and information regarding the selection if other than price-related factors were considered.

3.3.4 The Contracting Officer may reduce the ODC payment by any amount above that which the Contracting Officer finds, in his/her sole discretion, is greater than that which is 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 reimbursement 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 price it paid for ODC supplies and services were fair and reasonable.

3.3.5 When the Contractor expects total funding expended for ODC items to reach 85 percent of the total funds available on the respective Reimbursable Supplies and Services CLIN, the Contractor shall notify the Contracting Officer, his/her designee, and COR. The notice shall state the estimated amount of additional funds required for the respective period of performance. The Contractor shall not exceed or incur costs that exceed the amount of funding stated on the respective Reimbursable Supplies and Services CLIN.

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

3.3.7 The Contractor is not obligated to incur costs for ODC supplies or services in excess of the funded amount available on the respective ODC Supplies and Services CLIN unless the Contracting Officer notifies the Contractor that the funded amount has been increased. Notification by the Contracting Officer will be in writing. In the event that notification is made orally, such notification will be followed up in writing within two (2) business days.

3.3.8 All quantities are estimates unless specifically guaranteed and shall not be the basis for any claim.

3.3.9 No notice, communication, or representation from any person other than the Contracting Officer shall affect the Government’s obligation to reimburse the Contractor.

4.0 DELIVERY AND PERFORMANCE

4.1 Performance Period.

Performance Period Performance Dates Performance Length Firm Period 01 October 2019 ─ 30 September 2020 One year

FAR 52.217-8 Period One 01 October 2020 ─ 31 December 2020 Three Months FAR 52.217-8 Period Two 01 January 2021 ─ 31 January 2021 One Month

FAR 52.217-8 Period Three 01 February 2021 ─ 28 February 2021 One Month FAR 52.217-8 Period Four 01 March 2021 ─ 31 March 2021 One Month

4.2 Detachment Delivery. The first aircraft and detachment shall be delivered to Bahrain, RFT, no later than

1200 (local standard time at delivery location) on 01 October 2019. The second aircraft and detachment shall be delivered to Bahrain, RFT, no later than 1200 (local standard time at delivery location) on 01 March 2020. Specific dates may be mutually agreed upon by both parties as operational requirements dictate.

4.3 Delivery Requirements.

4.3.1 If DIT is required, the Government reserves the right to inspect all proposed aircraft and require a demonstration of all aircraft capabilities before delivery. Required DIT will be at the expense of the contractor. In the event that the Government exercises this right, the following items shall be completed:

(a) General condition inspection to take place no later than 14 days prior to DIT

(b) Aircraft’s acceptance inspection for testing period and demonstration of capabilities during

DIT testing

4.3.2 If Electro-Magnetic (EM) Interference testing is required, the testing will be at the expense of the contractor. The Government reserves the right to:

(a) Inspect the general condition of the aircraft up to 14 days prior to EMI testing.

(b) Have NAVAIR aircraft engineers review specific aircraft components for vulnerabilities.

4.3.3 No later than seven (7) days after award, the Contractor shall furnish the following information for proposed Detachment aircraft:

(a) Specific Aircraft Footprint Diagrams

(b) Aircraft maximum gross weight and nominal center of gravity

(c) Aircraft dynamic tip over constraints or analysis

(d) Aircraft turning radii for deck spotting

(e) Aircraft plots showing any associated down-wash hazard areas and any electromagnetic hazard areas.

(f) Aircraft approved wind envelopes for a T-AKE, or Interim Flight Clearance (IFC) request to

NAVAIR PMA-226.

(g) Aircraft tie down diagrams and analysis.

(h) Information on the aircraft’s Electro-Magnetic (EM) Interference, compatibility, and/or vulnerability

4.3.4 The Contractor shall provide the Contracting Officer and COR a Notice of Readiness when the Detachment is at the place of delivery and RFT. The Notice of Readiness shall include:

(a) Aircraft Operational Readiness Status (e.g. FMC, PMC, NMC)

(b) Detachment personnel names and readiness status of those on board

(c) Pack-up kit status and listing deficiencies

(d) If detachment is not RFT, contractor must submit a Plan of Action to meet RFT compliance.

4.3.5 Following receipt of the Contractor’s Notice of Readiness, the Government will conduct an

Acceptance Inspection to ensure that the Detachment is compliant with the Contract and ready for tasking. In the event the Detachment is not deemed compliant, the Contractor will be subject to scheduled deductions for the unsatisfactory Acceptance Inspection in accordance with the QASP.

4.4 Redelivery Requirements.

4.4.1 At the end of the final performance period, the Detachment shall be redelivered to Bahrain, or a location of mutual agreement.

4.4.2 All costs associated with the release and movement of the Detachment away from the agreed upon redelivery location are for the Contractor’s account.

4.4.3 The Detachment shall be allowed a period of up to one (1) week prior to the end of final performance period to have Government Furnished Property removed, inventoried and returned to the Government. All CMS (Cytological Materiel Systems) accounts shall be closed.

4.5 Phase-In. The contractor will be allotted a 75-day phase in period upon notification of contract award.

Within seven (7) days of award, the contractor shall provide a timeline with milestones to the Contracting Officer and COR outlining the 75-day phase-in to RFT status as defined in paragraph 4.2 above. The contractor shall also provide to the COR, prior to the end of the phase-in period, all FAA and DoD documentation (Section 6 & 18), a qualified personnel roster (Section 11, 12, & 13), security requirements (Section 17), and a copy of the contractor's Detachment Standard Operating Procedures. Any cost associated with phasing-in (other than initial delivery under the delivery CLIN) shall not be separately priced.

5.0 MISSIONS AND CONDITIONS

5.1 The purpose of the MSC VERTREP contract 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 one commercial helicopter that meets all requirements herein, and a minimum of three (3) pilots, and three (3) maintenance personnel to provide ship-based and/or shore-based VERTREP and other rotary-wing logistics services as outlined in this Contract, without interruptions or degradation of service. The Contractor shall deliver a second like TMS aircraft no later than 01 March 2020. At that time, there shall be a minimum of five (5) pilots and three (3) maintenance personnel for the duration of the contract period. The Contractor shall provide all support equipment and supplies, necessary to perform the flight operations and required services unless otherwise indicated herein.

5.1.1 The Contractor shall maintain and comply with its Logistics Plan [Attachment 6(a)]. The Plan shall comprise of a comprehensive narrative describing how it intends to support the maintenance and equipage needs of the Detachment in remote sites during the performance of the Contract, and shall include a discussion of how the risk of non-performance to the Government will be minimized by this Plan. All changes to the Logistics Plan shall be approved by the Contracting Officer prior to implementation.

In addition to the aforementioned, the Logistics Plan shall address the following:

(a) ITAR requirements/compliance procedures

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

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

(d) Critical spare components expedited delivery process/plan to include a replenishment plan within thirty (30) days of use for PUK critical parts, in accordance with Paragraph 8.14

(e) Transportation plan for routine personnel and material

5.2 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).

5.2.1 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 the operational readiness or mission availability of the Detachment.

5.3 The Detachment will be required to perform missions at any time, day or night, on a 24-hour per day basis.

The detachment shall be capable of execute all missions during a state of war, warlike operations, civil strife, piracy, natural disaster or other hostilities (whether there be a declaration of war or not) and obey all lawful orders in the execution of their mission, to include, but not limited to, operating under reduced emission environments, full EMCON, laser threat environments, etc…

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

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

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

5.5.2 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.

5.5.3 Performing to a standard of Level 1, Class 1 on T-AKE class ships, and a minimum of Level 1, Class 4 or 5 on all other Navy ships. Classes are defined in Shipboard Aviation Facility Résumé, NAVAIR NAEC-ENG-7576 (series) and/or Helicopter Operations from Ships Other Than Aircraft Carriers (HOSTAC) series.

5.5.4 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.

5.6 Mission Requirements. The Detachment shall perform the all missions with two (2) pilots (minimum one

(1) Pilot in Command (PIC)) in aircraft. If the Detachment is unable to provide this minimum manning requirement, than the aircraft will be considered NMCC and subject to deductions in paragraph 8.9.2.

5.6.1 VERTREP operations as defined in Section 2.0:

(a) The detachment shall be able to perform VERTREP as follows:

a. With an aggregate external lift Hover Out of Ground Effect (HOGE) capacity of not less than 9,600 pounds. Conditions for this measure are: 30°C OAT; sea level; 1.0-hours mission fuel onboard, zero wind.

b. (ii) With an aggregate external lift HOGE capacity of not less than 9,600 pounds.

Conditions for this measure are: 38°C OAT; sea level; 20-minutes of mission fuel, zero wind.

c. Detachment aircraft shall be capable of performing VERTREP operations with an aggregate external lift HOGE capacity of not less than 4,321 pounds. Conditions for this measure are: 38°C Outside Air Temperature (OAT); sea level; 2.0-hours mission fuel onboard, zero wind.

d. Detachment aircraft shall be capable of performing VERTREP and non-VERTREP operations for a minimum period of 2.0-hours with adequate fuel reserve.

e. Detachment aircraft shall be capable of performing VERTREP requirements in headwinds of up to at least 35 knots at sea level, relative to the nose of the aircraft.

f. Detachment aircraft shall be capable of performing VERTREP using a cargo hook system(s) rated at the aircraft’s lift capacity, and capable of simultaneously handling two Mk-105 pendants and the lifting sling prescribed in para 7.6.8 (f).

g. Detachment aircrew shall be capable of visually monitoring the external load at all times during VERTREP missions.

h. Detachment pilots shall be required to place externally carried cargo precisely where directed, to include underway U.S. Navy vessels, while performing a DoD mission and operating within the aircraft’s safe operating limitations.

i. To increase the safety margin for significantly weighted lifts, nonessential equipment may be temporarily removed from the aircraft.

5.6.2 The following missions require all Detachment aircraft be simultaneously capable of being equipped for scheduled and unscheduled evolutions:

(a) Visual Search and Rescue (SAR) operations using life raft, and either a swimmer assisted or non-swimmer assisted personnel recovery system, per Paragraph 7.6.9 and 7.6.10.

(b) Passenger (Pax) transfers for a minimum of five (5) pax and associated baggage in addition to Detachment aircrew, per Paragraph 7.6.11.

a. 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. Participation in a joint exercise conveys permission to embark any personnel involved in the exercise.

b. Contractor requests to carry passengers 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 Paragraph 7.6.12.

(d) Internal cargo movement capable of carrying at least one standard Navy pallet per Paragraph 7.6.13.

a. 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.

5.7 Operational Warranty

5.7.1 The Contractor warrants that its Federal Aviation Administration (FAA) required Procedures

Manuals (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 operate in accordance with its approved OpSpecs and General

Operations Manual to execute contract requirements.

5.7.2 The Contractor warrants that the Detachment shall exert every reasonable effort to begin and complete all flights as published in the daily flight schedule required in Paragraph 5.9.2.

5.8 Operational Control and Safety

5.8.1 The Detachment shall be under the operational control of the following personnel during the identified operational situations:

(a) Embarked: Ship’s Master

(b) Shore-based: MSC Area Commander, or designated authority as delegated by the Contracting

Officer or COR.

5.8.2 In the event of ambiguity, the Contracting Officer and COR maintain final authority.

5.8.3 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. The PIC shall have final authority on all matters concerning safety of flight, and is wholly responsible for the safety and well-being of his/her aircraft, passengers, crewmembers, and cargo.

5.8.4 The transportation of passengers and the precision placement of externally carried cargo on U.S.

Navy vessels underway are inherently hazardous. At no time will the aircraft intentionally exceed pitch and roll take-off or landing limits for efficiency or expediency. The PIC is responsible for all preflight planning to ensure all safety limits are not exceeded. Failure to do so will result in the Contractor being suspended or placed on temporary non-use status.

5.8.5 The Contractor shall maintain and comply with its Safety Plan [Attachment 6(b)]. The Plan shall comprise of a comprehensive narrative describing its safety plan as it relates to aircraft maintenance, personnel and flight operations, discuss how this Plan is monitored and enforced during the performance of the Contract, and shall discuss how the risk of non-performance to the Government will be minimized by this plan. All changes to the Safety Plan shall be approved by the Contracting Officer prior to implementation.

In addition to the aforementioned, the Safety Plan shall address the following:

(a) List of company safety leadership billets, including the certifications of those holding billets.

(b) Safety management program, to include performance measurements, improvement implementation actions/methods.

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

(d) Safety incident reporting procedures.

(e) Operational risk management program for deployed personnel.

5.9 Mission Records and Logs

5.9.1 The Contractor shall keep a full and accurate log of each flight performance and provide required reports outlined in Paragraph 19.8.

5.9.2 The Detachment OIC shall prepare a daily flight schedule, as required in CNAF Manual 3710.7 (series), 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.

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

5.10 Fuel

5.10.1 All fuel, lubricants, and hydraulic fluids to be used by Detachment aircraft during the Contract performance period shall be provided and disposed of by the Contractor in compliance with all U.S. Environmental Protection Agency (EPA) regulations.

5.10.2 The Government will normally make aircraft fuel available to the Contractor when the Detachment is embarked. 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)

5.10.3 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. Fuel chits shall be provided no later than thirty (30) days following the receipt of fuel, and credit shall be reflected in the invoice submitted for the time period covering when fuel was received. Failure to provide timely and accurate fuel chits and credits will result in scheduled deductions in accordance with the QASP.

6.0 REGULATORY COMPLIANCE, CERTIFICATIONS, AND LICENSES

6.1 The Contractor shall maintain and comply with its Quality Assurance Plan [Attachment 6(c)]. The Plan shall comprise of a comprehensive narrative describing the Contractor’s quality control system, how it will be applied to this Contract, and how the risk of non-performance will be minimized by this plan. All changes to the Quality Assurance Plan shall be approved by the Contracting Officer prior to implementation.

In addition to the aforementioned, the Quality Assurance Plan shall address the following:

(a) Auditing interval and internal auditing process/periodicity.

(b) FAA/AMC/CARB/DoN compliance verification procedures.

(c) Personnel training/competency verification procedures/enforcement.

6.2 This Contract is conditioned upon the Contractor being a commercial air taxi operator within the meaning of the Federal Aviation Act (FAA of 1958, as amended); holding a current Air Carrier Operating Certificate in accordance with Part 135 and 133 of the Federal Aviation Regulations or equivalent Civil Aviation Authority (CAA). The Contractor shall maintain this certification throughout the entire contract performance period without interruption. 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. Furthermore, the

Contractor shall not be in a suspension or temporary non-use status in accordance with Paragraph 6.6 below.

6.3 DoD Approval and Additional Standards. The Contractor shall present current Commercial Airlift Review Board (CARB) certification for carrying Government passengers and cargo (32 CFR 861) no later than 30 days prior to the commencement of the base period of performance, and maintain the certification throughout the contract performance period without interruption. The Contractor shall comply with all DoD Commercial Air Transportation Quality and Safety Review Program requirements as published on the following web site: http://www.amc.af.mil/About-Us/Fact-Sheets/Display/Article/144030/how-to-become-a-dod-approved-air-carrier/

6.4 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 publications and instructions:

(a) OPNAV INSTRUCTION 3100.8 (series) - Deck Landing Operations by Civilian Helicopters with Civilian Pilots on U.S. Navy Vessels

(b) CNAF MANUAL 3710.7 (series) - Naval Air Training and Operating Procedures Standardization (NATOPS) General Flight and Operating Instructions

(c) OPNAVINST 3130.6 (series) – Naval Search and Rescue Standardization Program

(d) OPNAVINST 3750.6 (series) - Naval Aviation Safety Management System

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

Qualification (DLQ) Policy and Procedures

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

(HOPACS) NATOPS Manual

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

Facilities Resume (To be issued upon Contract award)

(h) NAVAIR 00-80T-105 – CV NATOPS Manual

(i) NAVAIR 00-80T-106 – LHA/LHD NATOPS Manual

(j) HOSTAC MPP-02 Edition (H) / MPP-02.1 / MPP-02.1.1 / MPP-02.2 / MPP-02.3 -

Helicopter Operations from Ships Other Than Aircraft Carriers (HOSTAC) with Technical Supplement Pocket Guides (To be issued upon Contract award)

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

(l) COMSCINST 6000.1 (series) - Military Sealift Command Medical Manual

If a conflict exists between FAA, DoD and Naval regulations, the Contracting Officer, or his/her designee, shall determine, in writing, which procedure takes precedence. Such changes shall be incorporated in the Detachment SOP and provided to the Government in accordance with Paragraph 19.8.1.

6.5 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 the Federal Aviation Act of 1958, as amended. Compliance with published standards may not, standing alone, constitute compliance with generally accepted standards of airmanship, training, or maintenance.

6.6 Should the Government determine that any of the following conditions exist, it may suspend or place in temporary non-use status the Contractor's further performance of airlift transportation services for the DoD:

(a) Contractor's failure to meet any of the requirements of Paragraphs 6.1 to 6.5 above.

(b) Involvement of one of Contractor's aircraft in a serious or fatal accident, incident, or operational occurrence, regardless of whether or not such aircraft is being used in the performance of this Contract).

(c) Any other condition that affects the safe operation of Contractor's flights hereunder.

http://www.amc.af.mil/About-Us/Fact-Sheets/Display/Article/144030/how-to-become-a-dod-approved-air-carrier/ http://www.amc.af.mil/About-Us/Fact-Sheets/Display/Article/144030/how-to-become-a-dod-approved-air-carrier/

6.6.2 Such suspension shall be accomplished pursuant to the Department of Defense Commercial Air Transportation Quality and Safety Review Program (32 CFR Part 861), which is hereby incorporated in this Contract by reference, or any procedures that may be adopted by the Commander, MSC and supersede the aforementioned reference. The suspension procedures, including the temporary non-use, reinstatement and appeals processes, set out therein, are binding, final, and conclusive. In no event shall suspension or temporary non-use proceedings, regardless of outcome, give rise to any liability on the part of the Government.

6.6.3 Suspension or temporary non-use hereunder resulting in unavailability of Detachment aircraft to shall be treated as failure to maintain authorization to engage in air transportation under Paragraph

6.12 below.

6.7 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, Directives, etc. applicable to the same or similar operations performed, for compensation or hire, outside the definition and concept of “public aircraft”.

6.8 Prior to conducting operations within U.S. Naval Air Stations, Air Force Bases, and Army Airfields, the Contractor shall obtain current Aviation Facility Licenses authorizing operations (as appropriate) at the intended areas of operations.

6.9 The Contractor shall avoid pollution and remain compliant with all Federal, State, Interstate and local regulations pertaining to or related to its performance of this Contract. The Contractor further warrants that it will 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.

6.10 The Contractor shall comply with all U.S. Occupational Safety and Health Administration (OSHA) and EPA requirements regarding aircraft cleaning and painting operations and regarding the use, storage, and disposal of hazardous materials.

6.11 The Contractor will not be required to perform services in violation of law or regulation.

6.12 If at any time during the performance period of this contract, the Contractor is not in compliance with the requirements of Paragraphs 6.1 – 6.11 above, including, but not limited to, instances when the certificate demonstrating compliance with Paragraph 6.1 above is (1) suspended by the pertinent regulatory body for any period of time even though the effect of the suspension is stayed pending review by a court of competent jurisdiction; (2) canceled or revoked in its entirety by the pertinent regulatory body even though the effect of the cancellation or revocation is stayed pending review by a court of competent jurisdiction; or (3) such certificate or interim operating authority has expired and has not been renewed, then the Contracting Officer may elect any one or a combination of the following courses of action:

(a) Suspend the Contractor from further performance of all or any part of this…