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COMB JT TASK FORCE HORN OF AFRICA
PSC 831
BOX 0013
FPO AE 09363
311-824-4760
UNDER DPAS (15 CFR 700)
11. DELIVERY FOR FOB
RFQ
SEE SCHEDULE
14. METHOD OF SOLICITATION
IFB RFP
CODE
SEE ADDENDUM
BLOCK IS MARKED
DESTINATION UNLESS
12. DISCOUNT TERMS
(No Collect Calls)
13b. RATING
13a. THIS CONTRACT IS A RATED ORDER
X
CODE
N3654A-15-R-9001 05-Nov-2014
b. TELEPHONE NUMBER
253-21-341-582
8. OFFER DUE DATE/LOCAL TIME
12:00 AM 05 Dec 2014
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV 3/2005)
Prescribed by GSA
FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY
CODE 10. THIS ACQUISITION IS
UNRESTRICTED
FAX: NAICS:
TEL:
CODE 18a. PAYMENT WILL BE MADE BYOFFEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
N3654A
SIZE STD:
9. ISSUED BY
FACILITY
CODE
17a.CONTRACTOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
DAWN R. ROGERS
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
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
SB
HUBZONE SB
SET ASIDE: % FOR
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
TEL: EMAIL:
2 COPIES
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
.OFFER DATED YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
X
8(A)
SVC-DISABLED VET-OWNED SB
EMERGING SB
X
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
SEE SCHEDULE
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT
PAGE 2 OF
23. UNIT PRICE
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 3/2005) BACK
Prescribed by GSA
FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
N3654A-15-R-9001
Section SF 1449 - CONTINUATION SHEET
Table of Contents
Section A - Solicitation/Contract Form ……………………………………………………..Pages 4-5 Section B – Supplies and Services and Prices …………………...…………………………..Pages 6-6 Section C – Description and Specifications …………………...……………………....……..Pages 7-12 Section E – Inspection and Acceptance …………………...…………………………………Pages 13-13 Section F – Delivery and Performance………………………………………………….........Pages 14-14 Section I – Contract Clause …………………...……………………………………………...Pages 15-33 Section J - List of Documents, Exhibits and Other Attachments …………………………..Pages 34-40 Section K – Representations, Certifications and Other Statements of Offerors ………….Pages 41-53 Section L – Instructions, Conditions and Notices to Bidders ……………………..…..……Pages 54-57 Section M – Evaluation Factors for Award …………………...…………………………….Pages 58-59
Section A - Solicitation/Contract Form
TERMS AND CONDITIONS
1. Description Agreement This Blanket Purchase Agreement (BPA) is written for casualty evacuation (CASEVAC) services to the Primary Operating Area (POA), Area of Interest (AOI) and Area of Responsibility (AOR) of Combined-Joint Task Force – Horn of Africa (CJTF-HOA). All service performed are specified in the attached Statement of Work (SOW) for one base year and two option years (48 CFR 8.405-3(d)(2)). In accordance with the attached SOW the contractor shall provide:
-launch time shall be approximately 2 hours upon notification.
-medical equipment on board aircraft to meet European or Federal Aviation Administration (FAA) standards.
-Experienced ICU (Intensive Care Unit) qualified Registered Nurses/physicians.
-24/7 emergency operations centers staffed with medical professionals dedicated to support real-time casualty evacuation.
2. Extent of Obligation The Government is obligated only to the extent of authorized purchases (calls) actually placed under this BPA.
3. Pricing The prices furnished to the U.S. Government shall be as low as, or lower than those charged to the vendor’s most favored customer for comparable services under similar terms and conditions.
4. Purchase (Call) Limitation The dollar limit for each call shall be $ TBD for contracting officers. For contracting officer representatives, the dollar limit for each call shall be $ TBD.
5. Individuals Authorized to Place Calls A list of names of individuals authorized to place calls under this agreement, identified by organizational component, and the dollar limitation per call for each individual, shall be furnished to the contractor by the Contracting Officer
6. Delivery Tickets For each call placed against this Blanket Purchase Agreement the vendor shall be required to furnish service slips to Horn of Africa (HOA) Surgeon Cell Contracting Officer Representative and Horn of Africa-Contingency Contracting Officer (HOA-CCO) Contracting Officer via phone and email containing the following information:
a. Name of the vendor.
b. Blanket Purchase Agreement Number.
c. Date of call.
d. Call number.
e. Itemized list services/supplies furnished.
f. Quantity, unit price and extension of each item.
g. Date of delivery or service.
7. Invoices An invoice is a written request for payment under the contract for supplies delivered or the services rendered. In order to be proper, an invoice shall include as applicable the following:
a. Invoice date and number.
b. Name and address of vendor.
c. Contract Number (including order number, if any).
d. Description of service and price per CLIN
--Identify the contract line item(s) on the payment request that reasonably reflect contract work performance --Separately identify a payment amount for each contract line item included in the payment request
e. Date of service.
f. Name and address to which payment is to be sent (which shall be the name as that in the contract or on a proper Notice of Assignment).
g. Name, title, phone number and mailing address or person to be notified in event of a defective invoice;
and
h. EFT Banking information to include Beneficiary (Account)’s Name, SWIFTCODE, Bank Name, Bank
Address, Bank Account Number.
--Include following statement on your invoice:
“I certify that the charge(s) listed on this invoice is/are valid and proper for payment and that the goods/services has/have been received by the Government” Print_______ Sign__________ Date__ ________
i. All currency annotated in United States Dollars (USD)
j. Any other information or documentation required by other provisions of the contract (such as evidence of service), invoices shall be prepared and submitted.
8. Submission of Invoices The vendor shall submit an invoice with delivery ticket(s) after services have been rendered. All invoices should be submitted before expiration of the Blanket Purchase Agreement for all services made for which payment has not been received. All invoices should be submitted to africom.cldj.hoa-cco.mbx.cco@mail.mil.
9. Price List Price lists for each year (base year and each option year) shall be submitted to the Contracting Officer for approval.
All price lists shall contain an effective and through date. Price lists shall remain in effect until a new or revised one is approved by the Contracting Officer.
10. Administration of the BPA Any questions regarding the administration of this BPA shall be directed to the Contracting Officer, CJTF HOA
CCO.
Email: africom.cldj.hoa-cco.mbx.cco@mail.mil Phone: +253-21-341-852
Section B – Supplies and Services and Prices
Submit separate pricelist for base year and each option year.
BPA Master Dollar Limit: TBD BPA Call Limit: TBD Period of Performance Base Year: 1-Jan-2015 to 31-Dec-2015
BPA Master Dollar Limit: TBD BPA Call Limit: TBD Period of Performance Option Year One: 1-Jan-2016 to 31-Dec-2016
BPA Master Dollar Limit: TBD BPA Call Limit: TBD Period of Performance Option Year Two: 1-Jan-2017 to 31-Dec-2017
FSC Codes: V119 V121 V221 Program Code: S10
MDAP/MAIS:000
WSC: 000
SIC 4700 4522
NAICS: 488999 481211 481219 488190 481212
Project Code: 9GF
Section C – Description and Specifications
TABLE OF
CONTENTS
1. Description of Services
1.1 Scope of Contract
1.2 Aircraft Requirements
1.3 Aircrew Requirements
1.4 Aircraft Maintenance
1.5 Unsafe Aircraft/Risk Assessment
1.6 Evacuation Service
1.7 In Transit Visibility
2. Service Delivery Summary
3. General
3.1 Project Management
3.2 Insurance
3.3 Costs
3.4 Security
3.5 Aircrew Duty Day Restrictions.
3.6 Medical Item Pacing Report
4. Period of Performance
5. Foreign Clearance Guide Requirements
1. Description of Services
1.1 Scope of Contract. Contractor shall provide contractor owned, contractor operated fixed-wing aircraft (both jet and propeller driven aircraft) and helicopters that meet or exceed the required performance characteristics configured to support casualty evacuation (CASEVAC). The contractor shall provide medical personnel to provide medical care to patient while in flight to destination. This requirement supports both persistent and episodic engagements supporting the Combined-Joint Task Force – Horn of Africa (CJTF-HOA) mission and provides United States (U.S.) service members, civilians, and coalition forces required casualty evacuation.
Coalition forces who are evacuated will be responsible for reimbursing the U.S. government for all expensed incurred. For the purposes of this Statement of Work (SOW), the Primary Operating Area (POA) is within the CJTF-HOA Area of Responsibility (AOR) and Area of Interest (AOI). The AOR and AOI perimeters may change.
1.1.1 Use contractor owned, contractor operated fixed-wing aircraft (both jet and propeller driven aircraft) and helicopters that meet or exceed the required performance characteristics configured to support casualty evacuation (CASEVAC).
1.1.2 Contractor Point of Contact (POC) shall be personnel of primary contractor. If subcontractor is used for casualty evacuation services a POC from primary contractor should be available to retrieve calls and process requests in 2 hours from the time of the initial call.
1.1.3 One jet and one propeller driven aircraft will be on call/ad-hoc at all times, with launch time of approximately 2 hours from time of notification (excluding time required to obtain country clearances).
1.1.4 Upon notification, the contractor shall provide an Intensive Care Unit (ICU)-trained physician and an ICU- trained nurse and evacuate personnel from the area.
1.1.5 The contractor shall support operations 24 hours a day/7 days a week.
1.1.6 Contractor performance shall include day, night and low visibility mission requirements involving short field landings / take offs. Contractor shall be able to successfully operate on improved and unimproved airfield landing zones and non-surveyed helicopter landing areas in the performance of their duties.
1.1.7 Primary CJTF-HOA point of contact is the Contracting Officer Representative (COR).
1.2 Aircraft Requirements.
1.2.1 The Contractor shall provide contractor owned, contractor operated fixed-wing aircraft (both jet and propeller driven aircraft) and helicopters that meet or exceed the required performance characteristics configured to support casualty evacuation (CASEVAC).
1.2.2 The aircraft shall be operated in accordance with applicable rules and regulations of International Civil Aviation Organization (ICAO).
1.2.3 The aviation contractor shall be a DoD-Approved Foreign Flag Carrier, certified by the DoD Commercial Air Review Board (CARB).
1.2.4 The aircraft shall have oxygen readily available for crew and passengers above 10,000 ft.
1.2.5 The aircraft shall be capable of transporting up to two (2) patients (2 litters or a combination of litter and ambulatory) from unimproved landing zones to an airfield designated by supported unit.
1.3 Aircrew Requirements.
1.3.1 Aircrew shall be trained, qualified and maintain proficiency in accordance with applicable European or United States FAA regulations.
1.3.2 Pilot Personnel. The Contractor shall provide pilots as required to safely operate the CASEVAC aircraft, meeting the OPTEMPO, all requirements of the FAA, or certifying CAA, and any other requirements designated by the Host Nation.
1.3.2.1 Each mission shall be staffed with the appropriate number of pilots to safely and effectively operate the aircraft.
1.3.2.2 Pilots shall make all flight related decisions and are responsible for flight safety.
1.3.2.3 Pilots shall be responsible for pre-flight planning, aircraft pre-flight checks, and coordinating the mission with the operators.
1.3.2.4 During flight pilots shall monitor airspace, weather, radio communications, mission flight boundaries, other air traffic, and aircraft systems.
1.3.2.5 The pilot shall coordinate all missions with the appropriate fixed base of operation (FBOs) and Air Traffic Control (ATC) facilities (military and civilian).
1.3.2.6 Pilots shall also ensure safe, efficient aircraft operation, and that all aircraft maintenance is properly accomplished and documented.
1.4 Aircraft Maintenance.
1.4.1 The aircraft shall be maintained entirely by contractor personnel.
1.4.2 The aircraft shall be maintained in accordance with FAA Regulation Part 135 or CAA equivalent.
1.4.3 The Contractor shall provide all parts/services/inspections to maintain the aircraft in accordance with the OEM maintenance procedures and FAA regulations.
1.5 Unsafe Aircraft/Risk Assessment: The Contractor shall assess the current situation (weather, intelligence, terrain, crew experience, and tactical situation) prior to launch to make an accurate risk assessment before performing a mission.
1.6 Evacuation Service: The aircraft shall be capable of providing airborne CASEVAC response within 2 hours of notification (N+2), excluding time required to obtain country clearances.
1.6.1 The air transport service shall be capable of operating from remote locations with no facilities to provide on- site CASEVAC for high risk activities.
1.6.2 The air transport service shall maintain accreditation by an internationally recognized air medical services organization (e.g. European Air Medical Institute, Commission on Accreditation of Medical Transport Systems, National Accreditation Alliance of Medical Transport Applications, etc.).
1.6.3 The Contractor shall have medical providers for the aircraft consisting of a minimum of one (1) ICU-trained physician and (1) ICU-trained nurse per evacuation unless otherwise agreed upon by the CJTF-HOA COR. Contractor shall ensure all medical personnel wear the appropriate clothing/uniforms to safely operate and communicate during running aircraft operations (day or night). Additionally, the contractor shall supply and wear the appropriate medical protection against disease, contamination and any other biological hazards during patient care.
1.6.3.1 Physician Personnel shall have minimum 5 years current work experience, to include 2 years of ICU level care. Physician personnel shall have completed postgraduate medical training leading in specialty designation in Anesthesiology, ICU medicine, or Emergency Medicine. Physician personnel shall maintain active clinical privileges and work in a hospital-based ICU in order to maintain proficiency. They shall have Advance Cardiac Life Support (ACLS) and Advanced Trauma Life Support (ATLS) qualifications. Additional Critical Care Air Transport education and experience is preferable.
1.6.3.2 Nursing Personnel shall have minimum 4 years current work experience, to include 2 years of ICU level care. They shall have a Kenyan ICU diploma (one year course with emphasis on intensive care medicine) or equivalent. Additionally, formal training and experience in Air Transport nursing medicine is required.
1.6.4 The Contractor shall provide and properly maintain all necessary equipment to facilitate en route medical care. This medical equipment needs to be portable and battery powered to allow for removal from aircraft to be used at point of patient pickup. Contractor shall ensure proper selection of medical equipment based on nature of evacuation mission in order to optimize patient care. The following equipment represents the minimum requirements for the contractor to maintain for use in flight as needed for each mission:
• Automated blood pressure cuffs
• Syringe pumps
• Blood glucose monitor
• Handheld lab equipment e.g. I-Stat
• Portable pulse oximeters (e.g. Nonin)
• Ventilators (e.g. Draeger Oxylog series)
• Cardiac monitors/defibrillators: (e.g. Zoll 3 or 12 lead Propaq monitors)
• Automated suction units
• Chest drainage equipment with Heimlich valves
• Current Advanced Life Support medications
• Rapid Sequence Intubation medications
• IV Fluids (crysalloids, colloids)
• Airway adjuncts (nasal cannulae, non-rebreather masks, guerdal airways)
• Non-invasive ventilation masks
• Difficult airway intubation apparatus (e.g. Airtraq, I-Gel, etc.)
• Endotracheal intubation equipment
• Full body splint vacuum mattresses
• Head blocks
• Extraction devices (e.g. Kendrick)
• Scoop stretchers
• Traction splints
• Rigid cervical spine collars
• Snake antivenin
1.6.5. Contractor shall document all patient care provided during each mission and provide a legible copy of medical documentation in English to the receiving medical facility or receiving medical crew (if being transferred to another medical aircraft) upon transfer of care. Copies of all medical documentation shall be retained by the contractor for (1) one year from date of mission and provided to the Contracting Officer Representative (COR) upon request.
1.6.6 Contractor shall arrange for admission of patient to a local hospital approved by the CJTF-HOA Force Surgeon or approved representative.
1.6.6.1 If patient is returned to Nairobi, preferred hospitals for admission are currently the Aga Khan Hospital and (then) the Nairobi Hospital. The contractor shall arrange for ground transportation via ambulance from the airport to the hospital, ensuring that the quality of care rendered in the ambulance during transport does not diminish from that rendered during the flight.
1.6.6.2 If the patient is flown to Djibouti, the contractor shall coordinate with the CJTF-HOA Surgeon Cell to arrange for U.S. ambulance services to meet the air ambulance and transfer patient for admission on Camp Lemonnier’s Expeditionary Medical Facility. The contractor’s medical staff shall remain with the patient to provide medical care until the patient is admitted to the Expeditionary Medical Facility.
1.6.6.3 The contractor shall be liable for injury or death to passengers while those passengers are being transported by the contractor except for: friendly fire incident, enemy fire incident, a patient expires en route from pickup to medical facility and any other circumstance outside of the operator’s control.
1.6.7 In the event that a patient is exhibiting any of the listed symptoms or being diagnosed with any of the conditions listed below, they WILL be CASEVAC’ed with a medical provider and ICU trained nurse. The medical provider and ICU nurse shall provide medical care to patient to sustain life while in flight to destination.
The appropriate medical procedures and supplies will be used on patient while in flight to destination:
• A person who is at high risk for clinical decompensation
• If they requires mechanical ventilation
• High risk for deteriorating respiratory status (for e.g. the pt with the malaria diagnosis
• Requiring invasive hemodynamic monitoring
• Requiring ongoing active resuscitation and/or lab monitoring
• Requiring aggressive in-flight fluid/blood product administration
• Requiring vasopressin support to maintain BP
• Requiring ICP monitoring (for e.g. massive head trauma)
• Requiring cardiac pacing
• Have unstable spine fracture that requires transport on a VSB
• High risk for clot or hemorrhage ( e.g. multiple long bone fracture/pelvic fracture
• Pt has unstable angina, unstable arrhythmia, or recent MI
• Burns that involves >10% total body surface in children and adults over 50 years old and all burns involving > 20% total body surface that are significant to the hands, face, genitalia or perineum, or 3rd degree burns > 5% total body surface. In addition burns with inhalation injury requiring intubation and burns with significant pre-existing medical disorders, multiple traumas associated with burns or with significant electrical injury including lighting and chemical burns.
1.7 In Transit Visibility/Communications. Contractor shall provide CJTF-HOA notification of departure and arrival. If communication is not available, contractor shall provide information either in flight or upon return to home station.
2. Service Delivery Summary:
Performance Objective SOW Paragraph Performance Threshold Provide on‐time departure for all medical evacuation missions
Paragraph 1.1.3 All missions launch within 2 hours of notification unless delayed due to country clearance delayed.
Admit patients to local hospital Paragraph 1.6.6 All patients are admitted to local hospital agreed upon by CJTF‐HOA Surgeon Cell prior to admission.
Provide in‐transit visibility Paragraph 1.7 CJTF‐HOA is notified of departure and arrival of medical evacuation mission.
Provide patient care documentation Paragraph 1.6.5 CJTF‐HOA is provided a legible copy of medical documentation in English
Provide medical service in flight Paragraph 1.6.7 CJTF‐HOA is provided a legible copy of medical service in flight documentation in English
3. General Information.
3.1 Project Management. The contractor shall assign a Project Manager (PM) authorized to manage and administer all terms and conditions of this contract.
3.2 Insurance. At all times the Contractor shall maintain appropriate insurance, to include (but not limited to) aircraft public and passenger liability, hull liability, and medical services liability. Certification of insurance shall be required prior to commencement of operations.
3.3 Costs. Costs associated with support and operation of the aircraft are the Contractor’s responsibility and not directly reimbursable by the Government.
3.3.1 The Casualty Evacuation costs shall be quoted from the Firm-Fixed pricelist and include the Contractor's proposal for supporting the planned missions.
3.3.2 At a minimum, the Contractor shall provide and/or coordinate the following requirements at all locations as required.
• Fuel;
• Ramp space;
• Start carts, Auxiliary Power Unit (APU) and other ground support equipment;
• Hangar space if available/needed;
• All maintenance and supplies required to operate aircraft;
• All medical equipment and supplies required to execute a CASEVAC operation;
• Weather briefings if required;
• All airport handling, landing and Aerial Navigation in Africa and Madagascar (ASECNA) fees;
• Country/Theater clearance requests;
• All Contractor personnel support, (lodging, meals, laundry, etc.); and
• Appropriate theater/country authorities for aircraft entry and personnel clearances as required by specific nations.
3.4 Security. The contractor shall provide their own security for all employees, aircraft, and equipment.
3.5 Aircrew Duty Day Requirements. The contractor shall comply with United States Federal Aviation Administration (FAA) regulations (http://www.faa.gov) and Code of Federal Regulations part 417 regarding duty day restrictions.
3.6 Medical Item Pacing Report. Medical pacing items are those items which are critical to the conduct of CASEVAC operations, and if not available, preclude successful execution of a CASEVAC. The contractor shall provide the CJTF-HOA Force Surgeon or their representative notification within 3 hours of a Medical Pacing item becoming non-mission capable, along with a projected corrective action plan.
4.0. Period of Performance: The period of performance associated with this SOW will consist of one base year and two (2) option years to be exercised at the option of the Government. The period of performance for the service shall be as follows:
Period of Performance Months Base year 12 Months Option year 1 12 Months Option year 2 12 Months
5.0. Foreign Clearance Guide Requirements: Aircraft and crew shall meet all requirements specified in the Foreign Clearance Guide (FCG) for each country in the POA. The contractor shall be solely responsible for submitting all theater/country clearance requests for contractor aircraft and personnel in accordance with the Foreign Clearance Guide. CJTF-HOA Area of Responsibility (AOR) and Area of Interest (AOI). The AOR and AOI perimeters may change. The Contacting Officer and/or Contracting Office Representative will give contractor POC country listings upon contract award and updates on country listings during the contract base year and option years.
Section E – Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
Base Year N/A Government N/A Government Option Year One N/A Government N/A Government Option Year Two N/A Government N/A Government
Section F – Deliveries of Performance
DELIVERY INFORMATION
CLIN DELIVERY QUANTITY SHIP TO ADDRESS U IC
DATE
Base Year POP 01-JAN-
2015 TO
31-DEC-2015
N/A N/A
FOB:
Destination N3654A
Option Year One
POP 01-JAN-
2016 TO
31-DEC-2016
N/A
Destination
N3654A
Option Year Two
POP 01-JAN-
2017 TO
31-DEC-2017
Destination
N3654A
Section I – Contract Clause
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-2 Security Requirements AUG 1996 52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
DEC 2012
52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.229-7 Taxes--Fixed Price Contracts With Foreign Governments FEB 2013 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.247-5 Familiarization With Conditions APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7000 Disclosure Of Information AUG 2013 252.204-7001 Commercial And Government Entity (CAGE) Code
Reporting
AUG 1999
252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7006 Billing Instructions OCT 2005 252.204-7007 Alternate A, Annual Representations and Certifications MAR 2014 252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7001 Disclosure of Ownership or Control by the Government of a
Terrorist Country
JAN 2009
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country
MAR 2014
252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense
Contractors Outside the United States
MAR 2006
252.225-7993 (Dev) (INVALID EFF_DT) Prohibition on Contracting with the Enemy (Deviation)
DEC 1900
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
SEP 2004
252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006
252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7004 Indefinite Quantities - Fixed Charges DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2014)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and
(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).
Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.--
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.
3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.
7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.
destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.
chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other
Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.
(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any
Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUNE 2014)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-
282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L.
111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).
X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).
____ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L.
111-8, and section 745 of Division D of Pub. L. 110-161).
____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV…
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