N3220524R2261 Amendment 0002.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 extend the proposal submission deadline by one w eek based on feedback received from industry.

Performance Work Statement paragraphs 4.1 and 4.4 have been updated as a result of the submission deadline extension.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 40

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

16C. DATE SIGNED

BY 07-Mar-2024

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 N3220524R2261

X 9B. DATED (SEE ITEM 11)

16-Feb-2024

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 X is extended, 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 1 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

07-Mar-2024

CODE

MILITARY SEALIFT COMMAND NORFOLK

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

NORFOLK VA 23511

N32205 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N3220524R2261

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 15-Mar-2024 03:00 PM to 22-Mar-2024 12:00 PM.

The following have been modified:

PERFORMANCE WORK STATEMENT

VERTREP DETACHMENT PACIFIC DETACHMENT C

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

23.0 Performance Requirement Summary

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.

AIMS - Air Traffic Radar Beacon System, Identification Friend or Foe, Mark XII System.

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.

Critical Spare Components – Components that have shown historical long lead times and/or high usage/replacement. List may be adjusted by COR.

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.

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

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 (two (2) commercial helicopters and associated support equipment) 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 Outside of Continental United States (OCONUS).

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

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

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.

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.

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.

Multi-Function Display (MFD) – Term used to describe any and all helicopter display units designed to integrate multiple avionics input into a one combined output to the crew.

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

Personal Protective Equipment (PPE) – Gear worn by personnel designed to increase safety, reduce risk, and/or preserve life required by those personnel in accordance with all applicable regulations.

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.

Quality Assurance Surveillance Program (QASP) – Program to continuously track and check contractor compliance to vital contract requirements.

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 cycled into or out of a Detachment, Contractor personnel temporarily assigned to the Detachment for observation purposes.

UAV – Unmanned Aerial Vehicle, capable of autonomous flight between two landing zones

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 purpose of the U.S. Pacific Fleet VERTREP Detachment CHARLIE (PAC Det C) contract is to provide ship-based commercial helicopter logistical and vertical replenishment services to US Navy ships, partner nation’s ships, and theater facility/operations worldwide. The contractor will provide a two-helicopter detachment (DET) of like TMS aircraft, an optional unmanned aerial capability, all support equipment and supplies, 5-pilots and 3-maintainer minimum staffing, and a support structure to deploy aboard MSC CLF ships conducting theater operations 365-days a year. Mission requirements shall be subject to all applicable DoD, DoN, FAA, MSC, and theater directives, policies, and guidance.

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

3.2.1 Per Diem [CLINs 0001, 1001, 2001, 3001, 4001]: 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. Per Diem is subject to scheduled deductions in accordance with Paragraph 8.9 and the Performance Requirement Summary (PRS).

3.2.2 Flight Rate [CLINs 0002, 1002, 2002, 3002, 4002]: 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 228 hours for CLINs 0002. 1002, 2002, and 3002. The Contractor shall be paid for actual flight hours used to the nearest tenth of an hour up to 160 hours for CLIN 4002. Hours in excess of CLIN limit 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 Shore-Based Per Diem [CLINs 0003, 1003, 2003, 3003, 4003]: Shore-Based Per Diem: Firm- Fixed Price daily rate shall cover the daily cost for full Detachment shore-based periods to include shore accommodations, victualling, transportation of detachment personnel, airfield and hanger costs, costs associated with Government directed requirements ashore, etc. For Government directed periods where only the Detachment personnel are moved, or partially moved ashore, (such as habitability reasons during a ship’s maintenance period), reimbursement shall be invoiced and in accordance with current JTR rates.

3.2.4 Inspections (OPTION) [CLINs 0004, 1004, 2004, 3004, 4004]: If directed by the Contracting Officer: Firm-fixed-priced, lump sum for expenses incurred for a Third Party Inspection of the detachment. Includes, but not limited to, report preparation and delivery, travel, tax paid (if any), and associated services provided.

3.2.5 Aircraft Testing [CLINs 0005, 1005, 2005, 3005, 4005]: Firm-fixed-priced, lump sum for service provided in accordance with Paragraph 5.6.3(a). The price shall include a TMS ground school course for one PMA226 Test Pilot, Flight Time/Simulator Time required for SIC qualification, TAD costs, additional insurance, equipment, personnel and all other items required to conduct the training, and flight training for one Test Pilot to remain current in TMS. The Contractor shall invoice upon successful completion of qualification.

3.2.6 UAV Proposal: The Government may at any time during contract performance issue a RFP to the contractor for an UAV Proposal to meet point-to-point delivery of high value cargo. Upon Government direction, the Contractor will have 12-months to provide a written proposal to satisfy Fleet requirements, to include proposed operating procedures, profile, asset, support gear, personnel and training, and cost. The Government will include specifically defined operational requirements upon exercise of this option. This option will be negotiated and exercised via contract modification.

3.2.6.1 For planning purposes, the following requirements are provided as initial guidance. Final specification will be issued by the Government upon option execution:

a. UAV must be storable in the confines of a T-AKE cargo hold or in available hanger space when two contractor helicopters are properly stowed.

b. UAV must use JP-5 as a conventional fuel and/or be compatible with shipboard electrical supply.

c. UAV must be able to carry a 50lbs. load for 400 NM [without refueling] with a 10% reserve, at no less than 70kts (with an objective of 100kts) measured at 500 ft. AGL. An internal cargo bay should be of minimum of 2 cubic ft. – rough dimension of 1ft x 1ft x 2ft. (preferred growth to at least 3 cubic ft.)

d. UAV must be able to operate the required envelope without degradation in temperatures up to 40C, measured at sea level.

e. UAV must be able to operate day/night VFR. (preferred growth into adverse weather conditions).

f. UAV must be equipped with a MODE 5 capable transponder.

g. UAV must be able to launch under its own power from a T-AKE with relative winds from zero to 25kts sustained, or gusting 10 kts up to 25kts.

h. UAV must be able to detect, identify, and land [to affect cargo deliver] to a customer ship at sea, with relative winds up to 25kts sustained plus 10kts gusts.

i. UAV must be able to recover and launch under EMCON conditions. (example: Optical

Recovery System)

j. UAV must be capable of autonomous launch, recovery, and flight.

k. UAV must be able to receive updated instructions over its entire flight envelope.

(example: SATCOM)

l. UAV must be maritime environment ruggedized.

3.2.7 Delivery/Redelivery [CLIN 5000]

Delivery: Firm-fixed-priced, lump sum to transport configured aircraft to the delivery location specified in Paragraph 4.1. The Contractor shall invoice upon the Government’s issuance of a satisfactory Acceptance Inspection, as set forth in Paragraph 4.5.2. The Government will only pay the actual cost of delivery, via SubCLIN, up to the lump sum of CLIN 5000.

Redelivery: 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 from the redelivery location to the Contractor’s address on record. The Government will only pay the actual cost of redelivery, via SubCLIN, up to the lump sum of CLIN 5000 and IAW paragraph 4.6.

3.2.8 The contractor will not be paid for any work or financial obligations associated with this contract unless prior authorized via verbal authorization or contractual modification has been received by the Contracting Officer.

4.0 DELIVERY AND PERFORMANCE

4.1 Performance Period. The total period of performance for this contract (inclusive of the base period and all options) is five (5) years. The Government anticipates that the contract will be awarded at least 90 days prior to commencement of performance. The contract will consist of a one (1) year base period, four (4) one (1) year option periods, each running consecutively from the last. It will be the Contractor’s responsibility to have the detachment RFT no later than 1200 local on the first day of the Contract Period of Performance at the forward location designated. The most likely forward location will be Guam; however, operational requirements may dictate other ports for embarkation. Modifications to the date and time may be mutually agreed upon by both parties as operational requirements dictate.

The PACIFIC Det C contract period of performance will be 31 July 2024 through 30 July 2029. The nominal forward location will be Guam.

Performance Period Performance Dates Performance Length Base Period 31 July 2024 ─ 30 July 2025 365 days

Option Period One 31 July 2025 ─ 30 July 2026 365 days Option Period Two 31 July 2026 ─ 30 July 2027 365 days

Option Period Three 31 July 2027 ─ 30 July 2028 366 days Option Period Four 31 July 2028 ─ 30 July 2029 365 days

4.2 Initial Detachment Delivery. The Detachment shall be delivered to the location specified above, unless an alternate location is designated by the Contracting Officer, RFT, no later than 1200 (local standard time at delivery location) on the specified date. Modifications to the date and time may be mutually agreed upon by both parties as operational requirements dictate.

4.3 Additional Delivery Requirements.

4.3.1 If Dynamic Interface Testing (DIT) for deployment, Electro-Magnetic (EM) Interference testing, or any certification is required, the contractor shall complete prior to deployment and the Government reserves the right to inspect all proposed aircraft and require a demonstration of all aircraft capabilities before delivery.

No later than ten (10) 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 to meet MIL-STD-81259C standards.

(h) Information on the aircraft’s Electro-Magnetic (EM) Interference, compatibility, and/or vulnerability or completed E3 testing

(i) AIMS certification for MODE 5 Operations

4.4 Contract Award. The Government anticipates that the contract will be awarded a minimum of 90-days before the commencement of performance. Within ten (10) days of award, the contractor shall provide a timeline with milestones to the contract COR outlining the contractors plan to constitute, and deliver the detachment per paragraph 4.1. The contractor shall also provide to the COR, prior to the commencement of performance, all FAA and DoD documentation (Section 6 and 18), a qualified personnel roster (Section 11, 12, and 13), security requirements (Section 17), and a copy of the contractor’s Detachment Standard Operating Procedures. Any costs associated with Detachment preparation for commencement of performance (other than the delivery under CLIN 5000) shall not be separately priced.

4.5 The Contractor shall provide the Contracting Officer and COR a Notice of Readiness when the

Detachment delivery and RFT status is assured. 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 cannot meet RFT/delivery requirements, contractor must submit a Plan of

Action to meet RFT compliance.

4.5.2 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.

4.6 Redelivery Requirements.

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

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

4.6.3 The Detachment shall be allowed a period of up to three (3) days after 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.

5.0 MISSIONS AND CONDITIONS

5.1 PACIFIC Det C’s contract purpose is to deliver an embarked commercial aviation Detachment RFT, and to maintain its readiness throughout the performance period. The awardee shall supply a detachment comprised of two (2) like-TMS commercial helicopters, and a minimum of five (5) pilots, and three (3) maintenance personnel to provide ship-based and/or shore-based VERTREP and other rotary-wing logistics services and UAV employment, as outlined in the Contract, without interruptions or degradation of service.

The Contractor shall provide all support equipment and supplies, necessary to perform the flight operations and required services unless otherwise indicated herein. If the Government deviates from these requirements, it will be through a contract modification.

5.1.1 The Contractor shall maintain and comply with its Logistics Plan [Attachment 6(a)]. The plan shall be comprised 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) International Traffic in Arms Regulations (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 PACIFIC Det C 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 Guam and used to meet SEVENTH, FIFTH, and THIRD Fleet requirements. The cross decking of the Detachment is anticipated. (Anticipated primary logistics ports are listed in Attachment 8).

5.2.1 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 affect the operational readiness or mission availability of the Detachment.

5.2.2 The Detachment shall be able to cross deck their entire PUK, personnel, support equipment, personal gear, and aircraft between ships at sea.

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, and laser threat environments.

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 common wind limits delineated in NAVAIR 00-80T-122 Aircraft Operating Procedures for Air-Capable Ships (AOPACS), 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)) per aircraft. If the Detachment is unable to provide this minimum manning requirement for both aircraft, than the corresponding 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 9,630 pounds. Conditions for this measure are: 30°C OAT; sea level; 1.0-hours mission fuel onboard, zero wind.

b. With an aggregate external lift HOGE capacity of not less than 9,630 pounds. Conditions for this measure are: 38°C OAT; sea level; 10-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; 1.5-hours mission fuel onboard, zero wind.

d. Detachment aircraft shall be capable of performing VERTREP and non-VERTREP operations for a minimum period of 1.5 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 handling the Mk-105 and Mk-92 pendants, and the lifting sling prescribed in para 7.7.8 (not simultaneously).

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 (lifts over 7500 lbs.)

nonessential equipment may be temporarily removed from the aircraft.

5.6.2 The following missions require at least one (1) Detachment aircraft be equipped at all times for scheduled and unscheduled evolutions:

(a) Visual Search and Rescue (SAR) operations using deployable life raft, and either a swimmer assisted or non-swimmer assisted personnel recovery system, per Paragraph 7.7.9 and 7.7.12.

(b) Passenger (Pax) transfers for a minimum of five (5) pax and associated baggage in addition to Detachment aircrew, per Paragraph 7.7.11.

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 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 Paragraph 7.7.12.

(d) Internal cargo movement capable of carrying at least one standard Navy pallet per Paragraph 7.7.13.

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 exempt from this restriction.

5.6.3 Additional requirements for the Detachment include the following:

(a) In the event that a proposed or substituted aircraft is not Dynamic Interface Testing (DIT) certified, the Contractor will be required to present the proposed aircraft, or like type/series for DIT as defined in NAVAIRINST 3710.1F, NAVTESTWINGLANTINST 3710.7, and HX-21INST 3710.7. The Contractor shall comply with specific DIT pilot qualification requirements and experimental flight procedures. Any additional insurance and aircraft transportation will be paid for by the contractor. During this test period, the aircraft shall be configured as required by NAVAIR to conduct the testing. Once the testing is complete, the aircraft will be released to the Contractor for reconfiguration and normal operations.

(b) 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) In the event that DIT is required, the Contractor shall provide a manufacturer-approved ground school and flight syllabus for one (1) Navy Test Pilots. At a minimum, the ground school shall train the Navy Test Pilot in aircraft systems, aircraft flight characteristics, emergency procedures, general operations and safety concerns associated with the aircraft and cockpit layout. The flight syllabus shall be (either a or b):

a. Designate the Test Pilot as an Aircraft Commander

i. NATOPS PIC qualification equivalent

ii. 50 hrs in TMS, not less than 25 hrs first pilot time; FAA approved simulator syllabus may be substituted with NAVAIR and COR approval

b. Contractor provided TPS graduate, designated Test Pilot as a Copilot

i. NATOPS SIC qualification equivalent

ii. 10 hrs in TMS; FAA approved simulator syllabus may be substituted with NAVAIR and COR approval.

In the event that DIT is required, this will be negotiated and implemented via contract modification.

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.

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) Third party inspection policy and procedures.

(d) 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 10 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.

6.4 The Contractor shall ensure the Detachment operates in compliance with all applicable DoN rules, policies, and regulations pertaining to helicopter operations and personnel requirements, to include, but not limited to, the following 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

(m) NAVAIR 00-80T-109 – Aircraft Refueling NATOPS 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.

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 6.2 and/or 6.3 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 Contract until such time as the suspension/temporary non-use imposed by the pertinent regulatory body shall have expired or until such time as the suspension, temporary non-use, cancellation, or revocation shall have been finally set aside, removed, or otherwise terminated. The period of suspension will begin at the time that notice thereof is given by the Contracting Officer. All flights, which were scheduled to be flown during the time any such suspension is in effect, will be canceled. A unilateral modification reflecting the suspension and reducing the Government's obligation accordingly will be issued by the Contracting Officer at the termination of the period during which services are suspended or after the expiration of the period of performance of this Contract. Any such suspension is not for the convenience of the Government and is not a termination within the meaning of “Termination for Cause”.

(b) Exercise the Government's rights under the QASP;

(c) Terminate this contract in whole or in part.

6.13 If at any time the Contractor ceases operations or surrenders its operating certificate to the FAA, the Contractor shall immediately notify the Contracting Officer the next business day and the DoD Commercial Airlift Division at (618) 229-4801, as well as in writing to HQ AMC/A3B, 402 Scott Drive, Unit 3A1 Scott AFB IL 62225-5302, stating the circumstances for ceasing operations and/or surrendering their operating certificate.

7.0 DETACHMENT AIRCRAFT REQUIREMENTS

7.1 Detachment aircraft shall fully conform to the specifications and requirements of this Contract herein, as included in the Contractor’s proposal, from the time of delivery and for the duration of this Contract.

7.2 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 Paragraph 14.1, the Government reserves the right to perform an independent assessment of the condition of any contract helicopter at any time

7.3 The Contractor shall cooperate fully with the Government and use best efforts to alter the aircraft to perform the service requirements of the Contract. This may also include installation of special equipment beyond that required by the Contract. The price of any alteration will be negotiated pursuant to FAR 52.212-4(c) Changes.