PWS- DLSA without Attachment.docx

U.S. DEPARTMENT OF

HOMELAND SECURITY

f

U.S. Immigration & Customs Enforcement

DAILY SCHEDULE LARGE AIRCRAFT & SPECIAL HIGH-RISK CHARTER FLIGHT SERVICES

PERFORMANCE WORK STATEMENT (PWS)

1.0 Background

The United States Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) is responsible for the detention, health, welfare, transportation, and deportation of noncitizens in removal proceedings, and those subject to final order of removal from the United States.

The mission of the Enforcement and Removal Operations (ERO) is the planning, management and direction of broad programs relating to the supervision, detention, and deportation of detainees who are in the United States illegally. These activities are chiefly concerned with the processing and enforcement of departure from the United States of detainees who have entered illegally or have become removable after admission. In implementing its mission, ERO ICE Air Operations (IAO) is responsible for carrying out orders for the required departure of detainees as ordered in removal proceedings, or prior thereto, and arranging for detention of detainees when such detention becomes necessary. ERO’s responsibilities include providing reliable, safe, and secure mass air transportation of noncitizens placed in federal custody.

To accomplish this mission, ICE requires air charter aircraft services, flight crews, medical crew, and security crews as described in this Performance Work Statement (PWS).

1.1 Definitions

Daily Scheduled Large Aircraft (DSLA) - aircraft based in Alexandria, LA (AEX), Harlingen, TX (HRL), San Antonio, TX (SAT), Miami, FL (MIA), or Mesa, AZ (IWA) with daily scheduled flights to include, but not limited to, North America, Central America, South America, the Caribbean, El Salvador, Guatemala, Honduras, Mexico, Haiti, Nicaragua, Brazil, Colombia, Dominican Republic, Ecuador, Jamaica, or domestic destinations.

Contracting Officer (CO) - the person with the authority to enter into, to administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer’s Representative (COR)—the individual(s), including alternates, designated and authorized in writing by the CO to perform specific technical or administrative functions.

Flight Duty Period (FDP) - shall be governed in accordance with Federal Aviation Regulations (FAR) 117. The flight duty period begins when a flight crewmember is scheduled to report for duty with the intention of conducting a flight and ends when the aircraft is parked after the last flight. For flights conducted under this PWS, flight crews shall be scheduled to report no more than one (1) hour prior to the first departure time and FDP will end when the aircraft is in the “blocks” after the last segment.

Flight time – the time in hours for each leg commencing when the aircraft starts movement for flight and ending when the aircraft comes to a rest at the destination gate or parking location. For the purposes of this PWS, flight time is equal to aircraft block time.

Flight time limits - shall be governed in accordance with FAR 117.

Special High-Risk Charter (SHRC) - Flights between the continental U.S. and locations outside the continental U.S. for removals that are unable to be served by a daily scheduled large aircraft charter flight for reasons including, but not limited to, the following: uncommon or long-distance destination, failure to comply with removal proceeding, high profile removal, etc.

1.2 Period of Performance

1.3 Scope of Contract

Charter aircraft services shall include Daily Schedule Large Aircraft (DSLA) and Special High Risk Charter (SHRC) aircraft to provide reliable, safe, and secure mass air transportation of noncitizens in federal custody.

2.0 Daily Scheduled Larger Aircraft (DSLA)

2.1 DSLA Requirements

Provide no fewer than 12 aircraft for DSLA flights capable of transporting a minimum of 148 passengers with an aircraft specification sheet range of at least 2,000 Nautical Miles (NM). For longer distance international flights not requiring Extended-range Twin-engine Operations Performance Standards (ETOPS) aircraft must have a minimum range of at least 2,700NM. Available passenger loads may vary based on environmental conditions and airport restrictions in accordance with Federal Aviation Administration (FAA) and International Civil Aviation Organization (ICAO) safety regulations. The Government reserves the right to occupy every available seat on every flight at no additional cost. Aircraft must be configured to permit augmented flights in accordance with FAR 117. IAO has historically utilized approximately 13,000 DSLA flight hours annually and projected an increase in operational tempo to sixty-six (66) flights per week including six (6) flights on the weekend.

2.2 DSLA Aircraft Availability

No fewer than 12 DSLA aircraft will be exclusively available for flights every day (Monday – Friday), 52 weeks per year. Flights may be to single or multiple destinations. Augmented flights may be required to meet mission requirements.

Same-model exclusive use aircraft (e.g., B737-400 for another B737-400) may be rotated for maintenance at the discretion of ICE (per section 8.6) or the Contractor. COR approval must be obtained prior to rotating and/or adding different model aircraft (e.g., B737-400 for MD-80) to the ICE fleet. The addition of new aircraft to the ICE fleet will require the following information for COR approval:

1. Provide FAA certifications in accordance with 14 CFR Part 121 or Part 135;

1. FAA registration number(s);

1. Identify aircraft owner;

1. Identify number of seats and configuration (Location of Passenger Accommodations LOPA);

1. Identify aircraft make and model for each aircraft; and

1. Provide copies of required insurance and liability and hull insurance coverage.

Exclusive use aircraft tail numbers assigned to an ICE mission will be assigned for the entire mission day. COR approval must be obtained prior to aircraft rotations/tail number changes mid-mission in accordance with PWS 2.8 flight notice requirements.

Aircraft type, performance, and flight crew qualifications must permit year-round operation with full passenger loads into and out of all Central and South American major commercial airports, including, but not limited to: El Salvador (MSLP), Guatemala (MGGT), Honduras (MHLM), Mexico (MMMX), Haiti (MTTP), Nicaragua (MNMG), Colombia (SKBO), Dominican Republic (MDSD), Ecuador (SEGU), Jamaica (MKJP), and Brazil (SCBF). If, for destinations such as Toncontin International Airport (Tegucigalpa, Honduras), access is restricted by the host government to certain aircraft types/models, the Contractor shall provide an aircraft suitable to meet those restrictions with comparable performance and number of seats. Air stairs are required to operate into and out of all Central and South American major commercial airports. The Contractor shall be responsible for ensuring the ability to board and deplane at all locations including the provision of any equipment required to facilitate boarding of handicapped/special needs passengers. Contractor shall ensure ground support equipment is available to support charter operations into airports without long delays or cancellations of flights.

Depending on ICE’s weekly demand for air charter services and at ICE’s sole discretion and written approval from the COR/ACOR, the Contractor may use aircraft designated for ICE’s exclusive use for other uses. Invoices shall be reduced based on the Daily Non-Availability Rate (set forth below) per aircraft, per day.

In all instances of aircraft non-availability, invoices shall be reduced based on the Daily Non-Availability Rate (set forth below) per aircraft, per day. These price reductions will be incurred simultaneously with liquidated damages (Section 4.4) when an aircraft’s non-availability interferes with a scheduled flight.

2.3 DSLA Pricing

DSLA aircraft will be priced using two contract line items (CLIN): A firm-fixed price CLIN for aircraft exclusive use availability and a fixed flight-hour rate for actual flight hours used. These rates will be the same for all DSLA aircraft operating locations. All other costs associated with DSLA flights will be invoiced as Other Direct Cost (ODC) as described in section 2.7.

2.4 DSLA Exclusive Use Fixed-Price Rate

The exclusive use firm-fixed price rate covers the price of aircraft ownership/lease and other fixed costs for the aircraft designated for ICE’s exclusive use. The rate will include: lease or capital costs of keeping the aircraft available for ICE exclusive use; required insurance; and fixed program management costs. This fee will be charged for every exclusive use DSLA aircraft in the ICE Air fleet.

2.5 DSLA Fixed Flight Hour Rate

DSLA actual flight hour costs shall be invoiced based on actual flight time using a fixed flight hour rate to include: flight crew (using the minimum number required to complete the flight); security crew; flight nurse; aircraft-to-medical doctor communication capability; maintenance; fuel; aircraft cleaning/servicing; aircraft handling/parking/positioning fees; navigation fees; overflight/landing fees; passenger taxes; customs fees; miscellaneous fees and taxes associated with each flight; administrative costs (scheduling and coordination of flights, clearances, permits, etc.).

The Contractor shall be responsible for obtaining all required clearances and landing permits relating to the aircraft, personnel, and subcontractors, to include passenger fees, overflight clearances, airport, and customs fees on all DSLA flights. These costs shall be factored into the hourly flight hour rate.

2.6 DSLA Positioning Costs

DSLA will operate out of 5 hub airports (see section 2.9). If IAO explicitly directs positioning/de-positioning of a DSLA aircraft outside of standard plane movements required by ordinary operations conducted by the Contractor, flight hours and authorized ODCs may be invoiced and reimbursed for the time that is takes to position/de-position the aircraft.

2.7 DSLA Other Direct Costs (ODC)

The following pass through costs will be invoiced as ODCs: justifiable and documented FAR 117 crew augmentation; crew remaining overnight (RON) (to include rental cars, hotel charges, and per diem for crews – see section 5.6 for per diem guidance); transportation fees for crew staging to permit longer flights; fuel cost surcharges (see Section 5.4); obtaining special equipment (not already required for the operator to comply with Title 14 CFR, Part 382) for the boarding and deplaning of handicapped/special needs passengers; de-icing; any non-flight related requirements directed by ICE Air (training requirements, crew interviews, etc.); COVID-19 expenses for testing, supplies, and aircraft cleaning. On occasion, purchased water can be invoiced as ODC (see Section 2.11).

All ODCs costs require prior approval from the COR.

A flight itinerary shall be provided to the COR for augmented crew, RON, and crew staging ODC requests prior to approval.

Separate charges for any items other than the authorized Other Direct Costs (ODCs) will not be reimbursed.

2.8 DSLA Flight Notice Requirements

To facilitate flight planning, schedule requirements will usually be provided to the Contractor no later than 24 hours prior to the initial departure time of a flight. If an emergent requirement occurs for a departure in less than 24 hours, the Contractor shall make its best effort to comply, but will not be contractually obligated to make the flight. For longer flights such as a Brazil flight that do not require ETOPS, the Contractor will be provided 7 days’ notice prior to initial departure time of a flight.

No later than 12 hours prior to each scheduled departure time, the aircraft registration number, crew identification, and crew qualifications shall be provided to the COR. Not providing this information within 12 hours of the scheduled departure may result in a determination of non-availability of the flight by the COR, which may result in liquidated damages as described in section 4.4.

The Government reserves the right to cancel DSLA flights prior to the latest departure time without penalty per PWS 4.3 Cancellations.

2.9 DSLA Operating Locations.

DSLA flights will typically depart and return to the operating locations below; however, when directed by the COR, an aircraft/crew may be scheduled to stage the day prior for an early departure or to remain over night at an enroute location. On those occasions, costs for remaining overnight will be reimbursed as ODCs as described in section 2.7. Following are the DSLA operating locations and minimum required exclusive use aircraft per location:

· Phoenix-Mesa Gateway AP, Mesa, AZ. (3 aircraft)

· Alexandria International AP, Alexandria, LA. (2 aircraft)

· Harlingen/Valley International AP, Harlingen, TX. (3 aircraft)

· San Antonio International AP, San Antonio, TX. (3 aircraft)

· Miami International AP, Miami, FL. (1 aircraft)

With the required 3 aircraft at locations Mesa, AZ ; San Antonio, TX; and Harlingen, TX, one (1) of the three (3) aircraft will be able to fly long-range having a minimum range of at least 2,700NM with non ETOPS supporting flights to South America and the like.

2.10 DSLA Crew Members

DSLA flights shall be completed with the minimum number of flight crewmembers required to meet the schedule at the most economical cost to the Government. Crew augmentation may be required.

All DSLA flights require 13 security guards. At a minimum, 2 guards will be female, with no more than 4 female guards per flight unless it is an all-female manifested flight, then -- at a minimum -- 7 guards will be female. At least 7 of 13 guards will be fluent in both Spanish and English. For flights into Haiti, a Haitian Creole fluent guard is preferred, but not mandatory. At a minimum, a pre-recorded audio passenger safety brief in Haitian Creole shall be presented to passengers prior to flights into Haiti.

All DSLA flights require at least one registered nurse. See sections 7.0-7.4 for security guard and nurse qualifications and requirements.

Flight crews shall report no more than 1 hour prior to the first scheduled departure time with flight duty period (FDP) ending when the aircraft is parked at the completion of the last flight.

2.11 DSLA Catered Meals

Catered meals will not be provided by the Contractor on DSLA flights. Regarding longer DSLA flights in support of South America or like missions, meals may be requested in advance by the COR and invoiced as ODC. DSLA meals and water will be provided by the Government at the passenger staging facility. During extensively hot operational days or the need to provide water by the contractor, the costs will be reimbursed to the Contractor by authorized ODC.

3.0 SHRC Flights

3.1 SHRC Requirements

SHRC aircraft type should be the most cost-effective solution to meet IAO mission requirements. Large Aircraft SHRC missions must be capable of transporting 148 to 300 passengers at a range of at least 2,700NM. On occasion, IAO may request Small Aircraft SHRC missions capable of transporting up to 14 passengers at a range of at least 2,000NM. Extended Operations (ETOPS) certified aircraft will be required for SHRC missions. SHRC missions are scheduled on an as-needed basis. ICE does not have an estimated number of SHRC flight hours.

3.2 SHRC Pricing/Cost

SHRC rates, scheduled in accordance with section 3.6, will be provided separately from the DSLA rates. SHRCs scheduled IAW section 3.6 will have 4 fixed price flight hour wet-lease rates based on aircraft with no less than: 300 seats, 200 seats, 148 seats, 14 seats. All other costs will be billed using ODCs.

An expedited SHRC request, not scheduled IAW section 3.6, may be requested and flown based on availability of aircraft/crew. Additional costs resulting from expedited SHRC requests must be approved by the COR prior to scheduling the flight. COR-approved expedited SHRC costs will be invoiced as ODCs.

3.3 SHRC Fixed-Price Flight Hour Rate

SHRC flights will be invoiced based on actual flight time using a fixed-price (wet lease) flight hour rate to include: aircraft; flight crew (using the minimum number required to complete the flight); onboard Management Representative to pay fuel/parking/clearance bills; mechanic; aircraft-to-medical doctor communication capability; maintenance; insurance; fuel; administrative costs (program management, scheduling and coordination of flights, clearances, permits, etc.). Large SHRC flight (148-300 seats) hourly rates will include 15 security guards. Small SHRC flight (i.e., 14 seat aircraft) hourly rates will not include security guards, which are not required for these flights.

The Contractor shall be responsible for obtaining all required clearances and landing permits relating to the aircraft, personnel, and subcontractors, to include passenger fees, overflight clearances, airport, and customs fees on all SHRC flights, but due to the widely varying costs at remote locations/countries these fees will be billed separately as ODCs. SHRC security crew costs for requirements greater than 15 security guards will also be invoiced as ODCs.

3.4 SHRC Positioning Costs

Positioning costs to scheduled SHRC departure airports will be reimbursed using the flight hour rate and authorized ODC costs.

3.5 SHRC Other Direct Costs (ODC)

The following pass through costs will be invoiced as ODCs: justifiable and documented FAR 117 crew augmentation; crew remaining overnight (RON) (to include rental cars, hotel charges, and per diem for crews – see section 5.6 for per diem guidance); transportation fees for crew staging; fuel surcharges (see Section 5.4); obtaining special equipment (not already required for the operator to comply with Title 14 CFR, Part 382) for the boarding and deplaning of handicapped/special needs passengers; de-icing; catering; aircraft cleaning/servicing; aircraft handling/parking/positioning fees; navigation fees; overflight/landing fees; passenger taxes; customs fees; miscellaneous fees and taxes associated with each flight; crew visas; crew inoculations; any non-flight related requirements directed by ICE Air (training requirements, crew interviews, etc.); SHRC security guards (for flights that require greater than 15 guards); Flight Nurse (if required); and COVID-19 expenses for testing, supplies, and aircraft cleaning.

All ODCs costs require prior approval from the COR.

A flight itinerary will be provided to the COR for augmented crew, RON, and crew staging ODC requests, prior to approval.

Separate charges for SHRC flights, other than the authorized ODCs, will not be reimbursed.

3.6 SHRC Scheduling

Large SHRC aircraft (148+ seats) will be required to depart with no more than 30 calendar days advanced notice. Small SHRC aircraft (14 seats) will require no more than 10 business days advanced notice. Itinerary and seat requirements specific to a flight will normally be provided by the COR a minimum of 10 calendar days prior to the desired departure date and the Contractor shall be available to receive scheduling requirements at all times. Within 48 hours of a scheduling requirement from the COR, the aircraft registration number, crew identification (including passport number, expiration date, place/date of birth), and crew qualifications shall be provided to the COR. Due to the complexity of SHRC mission scheduling, alternate aircraft and crews also need to be identified within 48 hours of a scheduling requirement. Aircraft substitutions made fewer than 10 calendar days prior to the scheduled departure time will only be permitted to replace mechanically deficient aircraft or for other unusual circumstances, but in all cases, require prior approval by the COR to verify validity of the requirement for a change of aircraft.

3.7 SHRC Crewmembers

SHRC flights will be completed with the minimum number of flight crewmembers required to meet the schedule at the most economical cost to the Government. SHRC crews will include an onboard Management Representative to pay fuel/parking/clearance bills and a mechanic. Aircraft and crew will be in position and ready for departure a minimum of 3 hours prior to the scheduled departure time.

Large SHRC flights require a minimum of 15 security guards. On select large SHRC flights, ICE may request up to 25 security guards. Upon request, up to 15% of the SHRC security guards on each flight will be female. Due to the varying SHRC destinations, security guard language proficiency is not required.

Upon request, SHRC flights will require contracted flight nurses. Contracted medical personnel requirements for SHRC flights will be specified when the mission is requested.

Contracted security guards and/or medical personnel may be substituted for ICE personnel, as deemed necessary by IAO.

See sections 7.0-7.4 for security guard and nurse personnel qualifications and requirements.

3.8 Large Aircraft SHRC Routes

Following are samples of Large Aircraft SHRC routes:

· AEX-SJU-SID-LOS-SID-JFK-SAT

· MIA-TJSJ-GOOY-DNMM-GOOY-TJSJ-MIA

· IWA-ONT-HNL-PWAK-PGUM-RPLC-PNH-ZSFZ-MNL-GUM-PWAK-HNL-LAX

3.9 Catered Meals

All SHRC flights will require commercial airline quality catered meals for all passengers. Occasionally, Halal meals will be required. Legs of up to two hours will require a large snack. Legs up to four hours will require a hot meal. Legs of four hours or more will require both a hot meal and a large snack. Sufficient bottled water for all passengers and crew shall be provided for each leg.

4.0 Flight Performance

4.1 Late Departures and Arrivals

The return of noncitizens to their countries of origin requires large expenditures by participating foreign governments in resources, facilities, and personnel. Scheduled arrival times are the result of diplomatic negotiations, and any delays can result in diplomatic relations challenges, inconvenience to foreign officials/administrative personnel, and additional costs. Because arrival at the scheduled time is so important, any flight that departs the gate or loading area to commence taxi for takeoff more than one (1) hour after the scheduled departure time due to Contractor-caused delays will be considered a late departure; Any flight arriving at a destination more than one (1) hour after the scheduled arrival time due to Contractor-caused delays will be considered a late arrival. Late departures and late arrivals may result in an assessment of liquidated damages as set forth in section 4.4.

To determine applicability of performance measures, the COR will use departure and arrival times recorded by the onboard ICE Officer in Charge and agreed to as being accurate by the senior onboard contractor representative. Any departure time disputes will be resolved before the aircraft leaves the gate or departure area.

4.2 Aircraft Maintenance

Aircraft shall be maintained in accordance with FAR 121 or 135. Maintenance issues will be reported to the COR as soon as possible. The final “Go/No Go” decision by the COR will be required no later than two hours prior to the latest departure time. Cancellations due to maintenance may result in an assessment of liquidated damages as set forth in section 4.4.

ICE will not be responsible for costs incurred because of mechanical failure or for any reason not caused by the Government.

4.3 Cancellations

Any flight, which due to Contractor-caused delays, is unable to depart the gate or loading area prior to the latest departure time provided for each flight may be cancelled by the COR. The Contractor will be responsible for the rescheduling of any canceled flight due to a mechanical issue or flight crew delay within 24 hours.

The Government retains the right to cancel any planned flight prior to the latest departure time without penalty. The contractor has the right to recover actual costs incurred for flight planning, positioning of support assets, and personnel to perform the flight(s), as scheduled, which were incurred up to the point of cancelation by the Government. ICE will make efforts to make the contractor whole in accordance with FAR 52.212-4(I), Termination for Convenience of the Government. The request for compensation of costs incurred due to cancellation by the Government will need to be submitted in writing to the Contracting Officer. The request must be accompanied by an invoice, with receipts to substantiate the costs listed on the invoice. The Government will not reimburse the contractor for any costs invoiced that are not substantiated by receipt of payment, or billable hours or salary of contract employee who were to perform functions associated with the flight.

4.4 Liquidated Damages

Non-availability of aircraft and/or crew, late departures, late arrivals, cancelations and other instances of Contractor nonperformance that result in probable damages to the Government will result in the assessment of liquidated damages. These costs may include but are not limited to: ICE Officer per diem; bus transportation; and $250.00 per day, per noncitizen for each day required to be detained at Government expense beyond the original scheduled departure time. Liquidated damages will not exceed the total cost of the scheduled flight. Charges may be assessed for costs incurred regardless of whether or not the Contractor is able to make an aircraft available in time to meet a re-scheduled departure time. Aircraft substitutions less than 24 hours prior to the scheduled departure time will only be permitted to replace mechanically deficient aircraft or for other unusual circumstances, but in all cases, require prior approval by the COR to verify validity of the requirement for a change of aircraft.

5.0 Invoicing

5.1 Flight Invoices

SHRC invoices will be for single missions. DSLA invoices will be for a 14-day invoice period. Invoices shall include: ICE Air invoice template (to be provided); dates and routes of each flight with domestic and/or international hours flown; subtotals of domestic and/or international hours flown during the invoice period with associated costs; total hours and total fixed price hourly cost for the invoice period; legible copy of the official flight log used to determine billable flight hours; pass through costs invoiced as ODCs (see section 5.3); fuel purchase receipts and a legible fuel purchase log denoting gallons purchased and price per gallon paid for reconciliation to actual fuel costs (see section 5.4). Contractors may submit up to two invoices per invoice period (A and B invoices) to capture ODC cost receipts not immediately available at the close of the invoice period.

5.2 Invoicing Flight Time

Flight time is the actual time in hours and minutes for each leg commencing when the aircraft starts movement for flight and ending when the aircraft comes to rest at the destination gate or parking location. For billing purposes, flight time shall be expressed in actual hours and minutes only. Minutes shall not be rounded up or down. Flight hour charges will be computed for each leg using hours plus actual unrounded minutes of flight time converted to hundredths of an hour (minutes divided by 60 and then rounded up or down to 2 decimal places) multiplied by the cost per flight hour. Only flight hour charges submitted with complete flight logs will be reimbursed.

5.3 Invoicing ODCs

ODC invoices will include:

(1) Legible receipts for all invoiced ODC expenses.

(2) Itemized lists for catering expenses.

(3) Documentation of COR approval for ODC expenses (IAW section 2.8 and 3.5). Email correspondence is acceptable.

(4) Documentation of COR approval for non-standard ODC expenses (exceeding per diem rates, late checkout, inflight Wi-Fi).

5.4 Fuel Price

Fuel Peg. A fuel peg of $3.41/gallon will be applied to both DSLA and SHRC flights and shall be included in both flight hour rates but is subject to adjustment as described in Section 5.5.

Fuel Surcharge. If the average fuel cost per gallon for an invoice period exceeds the peg price, the average amount per gallon in excess of the peg price will be charged to ICE for every gallon purchased and will be invoiced as ODCs. Example: During an invoice period, 1,000 gallons of fuel are purchased at an average price per gallon of $0.10 higher than the peg price. The amount surcharged is $0.10 for every gallon purchased ($0.10 * 1,000 gallons). Surcharge amounts shall not exceed 10% above the fuel peg. As required under sections 5.1 and 8.10, detailed fuel cost information, reflecting the actual cost of fuel purchased, shall be provided with Invoice Summary Reports and shall include fuel purchase receipts and a legible fuel purchase log denoting gallons purchased and price per gallon paid for reconciliation to actual fuel costs.

Invoiced fuel surcharges in excess of the fuel peg price will be provided in actual costs and not rounded. The pegged price per gallon under this task order shall be rounded to two decimal positions (e.g., $3.41). Fuel pounds-to-gallon conversion rate will be 6.79 pounds per gallon.

5.5 Fuel Peg Adjustment

(a) At least once per quarter, the Contractor shall be responsible for reviewing actual fuel costs to determine the average current industry price of jet fuel at ICE operating locations. At any time when the industry fuel cost increases or decreases by at least 10 percent, the Contractor shall notify the CO of the change in price of fuel. The notice shall include, in the form required by the CO, supporting data documenting the change in the price of fuel, effective date, amount of the increase or decrease of the fuel peg, and the proposed amount of the Contractor’s adjusted flight hour rates. Apart from the Contractor’s notice requirement, the Government may at any time initiate notice of a price adjustment discussion based on changes in the industry price of fuel.

(b) Promptly after the Contractor, CO, or COR provides notice of a price change, the CO and the Contractor shall negotiate a price adjustment in the DSLA and SHRC flight hour rates and its effective date. The negotiated price adjustment shall be based on changes in the following:

(1) U.S. Gulf Coast Kerosene-Type Jet Fuel Spot Price free on board (FOB) (monthly);

(2) Defense Logistics Agency (DLA) Energy Jet A fuel standard price; and

(3) The average fuel prices paid by the Contractor at ICE operating locations for this task order.

The proposed rate of decrease or increase in the fuel peg shall approximately correspond with the U.S. Gulf Coast Kerosene-Type Jet Fuel Spot Price FOB (monthly) at the time of the Contractor’s notice on a cent-for-cent basis, pursuant to negotiation. The CO holds final approval authority over any adjustments made. Upon CO approval, the task order will be modified to:

(1) Include the price adjustment and its effective date; and

(2) Revise the fuel peg per gallon in Section 5.4 to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c) Any price adjustment related to fuel is subject to the following limitations:

(1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the fuel rate. There shall be no adjustment for any services or items other than DSLA and SHRC flight hour rates.

(2) No upward adjustment shall apply to flights before the effective date of the adjustment.

(d) The CO or COR may examine the Contractor’s books, records, and other supporting data relevant to the cost fuel during all reasonable times until the end of 3 years after the date of final payment under this task order or the time periods specified in FAR 4.7, whichever is earlier.

5.6 Hotel/Rental Car/Per Diem/Commercial Air Travel

Per diem and commercial air travel, approved by the COR, will be reimbursed consistent with PL 99-234, Federal Civilian Employees and Contractor Travel Expenses Act of 1985 and FAR 3 I .205-46(a)(2). Invoices for this expense item shall be supported by paid receipts. World-wide government hotel and per diem rates may be accessed at the following link: http://aoprals.state.gov. Commercial air travel will be at the lowest available coach rates, and rental car charges, unless specifically authorized by the CO or COR. Hotel, rental car, per diem, commercial air travel, and other ODC expenses not meeting requirements without prior CO or COR approval will not be reimbursed. When crew staging is required, only costs of commercial travel tickets, hotel, and per diem will be reimbursed. Crew ground transportation will be reimbursed from airport to hotel and hotel to airport, using the most economical option available.

6.0 Operational Requirements and Services

6.1 Federal Aviation Administration (FAA) Certifications

All flights must be operated by an FAA-certified air carrier/commercial operator under 14 CFR Part 121 or 135 and in accordance with FAA/IACO authorizations and regulations.

Contractor shall be in compliance with all safety and Health Standards per 29 CFR 1910, 29 CFR 1925 and 41 CFR 50-204 for personnel fulfilling the scope of this contract.

6.2 Acceptance Process

The U.S. Government shall assist with expediting the acceptance process of the aircraft and crew into the United States where possible.

At the time of a flight, the Contractor shall be required to submit for the next flight both primary and backup flight crew identification (full name, passport number, passport expiration date, place and date of birth) as well as information for both the primary and backup aircraft (to include the FAA registration numbers, aircraft owner(s), number of seats/configuration, and make/model of each aircraft). The aircraft should have similar paint schemes, and these will be the only aircraft authorized to operate for the flights.

The aircraft operator must possess any permits and licenses required to operate passenger flights between the United States and Cuba, Brazil, Peru, Ecuador, Panama, El Salvador, Guatemala, Honduras, Mexico, Haiti, Nicaragua, Colombia, Dominican Republic, and Jamaica prior to the contract period of performance. ICE will not assist in obtaining permits and/or operating clearances.

6.3 Flight Plans

Flight plans should be filed for direct flights with minimum enroute technical stops. Enroute technical stops require prior approval from the COR.

As authorized by FAA 7110.65, for domestic routing the Contractor will ensure that each flight plan includes the following in the remarks section: “Request Operational Law Enforcement Priority.”

For all flights, takeoff will be accomplished after gate departure without undue delay unless caused by the controlling civil aviation authority.

Copies of flight plans (including any with changes made by the flight crew) shall be made available for review when requested by the COR.

6.4 Baggage

When noncitizen national passengers are transported, each shall be allowed baggage not to exceed 40 pounds. Contractor shall weigh any baggage suspected to be over 40 pounds.

7.0 General Flight Crew Requirements

The Contractor shall certify in writing to the COR prior to any flight, that all Contractor personnel (including pilots, flight attendants, security crewmembers, flight nurses, and maintenance personnel) are U.S. citizens, have successfully completed a 7-year criminal background investigation within the previous 12 months, and that based on the results of that background investigation, a determination has been made that all personnel are qualified to perform duties associated with these flights. Any felony conviction, regardless of when occurring, will preclude qualification. The Contractor will take immediate removal of Contractor or Sub-Contractor personnel from Government support service in the event of any misconduct until a proper internal investigation is conducted. The Contractor will advise the CO and COR of such action and the outcome of the investigation prior to the return of Contractor or Sub-Contractor personnel to Government support service.

All pilots, flight attendants, flight nurses, and security crewmembers shall have valid passports with any visas and inoculations required to permit departure from and entry into the United States and all scheduled foreign destinations. The Contractor is responsible for obtaining vaccinations for all contract guards and flight crew in accordance with the Center for Disease Control guidelines for travel to foreign countries. For DSLA, charges for any of these items will be included in the total fixed flight hour rate. For SHRC flights, charges for visas and inoculations will be invoiced as ODCs.

All crew members shall be expected to be in good physical condition, and the Contractor shall be financially liable for all costs associated with flight deviations occurring as a result of illness experienced or other delays caused by Contractor crew members.

7.1 Guard Crew Duties and Requirements

Guard crew duties include, but are not limited to, the following tasks: searching the aircraft for contraband, searching noncitizens for contraband, boarding and deboarding noncitizens (including those handicapped and/or requiring special assistance) and loading property onto and off the aircraft, feeding noncitizens in flight and assisting in post-flight cabin cleanup, identifying proper documentation, escorting to rest rooms, assisting with perimeter security, when requested, restraining noncitizens or removing restraints, and ensuring general security and safety of noncitizens when onboard the aircraft.

ICE Officer(s) will be responsible for the custody of any noncitizen passengers. The guard crew shall not carry weapons (including less than lethal).

The Contractor shall ensure and certify by letter to the COR that contract guard crewmembers meet one or more of the following minimum requirements: (a) 1 year of full-time experience as a corrections/detention officer within the United States; (b) 1 year of full-time experience while employed by a United States federal, state, county, city or municipality law enforcement entity, or the United States Military; or (c) 1 year of security type duties as a security guard.

ICE will provide the contractor the ICE Air Standard Operating Procedure (SOP) for guard crewmembers and standardized guard crewmember training requirements. Training will be administered by the contractor at no cost to the Government. At a minimum, the Contractor shall be required to provide training for contract guards in the follow areas: ICE Air SOP, ICE standardized guard crewmember training, cabin safety training equivalent to training provided by Flight Attendant and Cockpit Training Seminars (FACTS) or Civil Aerospace Medical Institute (CAMI), defensive tactics training, security training, handcuffing, and foreign language for non-fluent contract staff to meet contract staffing levels. The Contractor is required to ensure all sub-contractors working under this contract have training that supports any and all requirements called for by the FAA Part 121 carrier certificate. At a minimum, all guard crewmembers are required to be trained on the ICE Air SOP prior to performing guard duties. All additional training will be required within ten (10) months of contractors entering on duty and at intervals called for by the FAA Part 121 carrier’s certificate and the ICE Air standardized guard crewmember training requirements. ICE Air will verify contractor training compliance in accordance with the contract quality assurance surveillance plan (QASP). If IAO directs additional mission essential training to be completed for safety reasons or equipment use, it may be invoiced as an ODC as agreed to with a COR prior to training commencement.

All guard personnel must be 1) U.S. citizens residing in the United States; 2) certified as security officers in the states where their work is to be conducted, and must maintain those certifications; 3) pre-employment screened including psychological testing, honesty and integrity validation, employment verification, criminal records checks, credit checks, driver’s license check, pre-employment and random drug screening—all of which will be continuously monitored and checked on an annual basis; 4) possess a successful background and security investigation with no derogatory references; and 5) capable of lifting 50 pounds. Any instance of criminal conviction, or non-disclosure of same, will preclude an individual from eligibility to act in any crewmember position.

7.2 Uniforms and Personal Protective Equipment

Contractor guard crews and flight nurse personnel will all wear similar leather shoes, khaki pants, and solid color polo shirts with black nametags (white lettering) and no other insignia, no tee shirts, jeans, or tennis shoes will be permitted, and shall provide for the care, custody, and security of the passengers during the transportation process only. Personal Protective Equipment (PPE), such as latex gloves for use during searches of noncitizens, will be provided at the discretion of the Contractor and at no cost to the Government.

7.3 Flight Nurse Requirements

The flight nurses shall be proficient in the Spanish and English languages and a licensed physician, nurse practitioner, or registered nurse able to demonstrate proficiency in aviation medicine through a recognized United States accrediting organization. The following apply to duties performed by the flight nurse:

· Involuntary medication will not be administered.

· Medications will be administered only as prescribed by a credentialed medical provider (i.e., a physician, physician assistant, or nurse practitioner).

· Medication administration procedure must assure that the correct medication, dose, time and route are administered to the correct patient.

The flight nurse will maintain currency qualifications to provide urgent first responder care, including use of an Automated External Defibrillator. The Contractor shall certify flight nurse qualifications and provide documentation of the certifications to the COR.

7.4 ICE Flight Nurses

ICE Flight Nurses may be assigned to flights. For SHRC flights, the contracted flight nurse requirement will be specified when the mission is requested.

8.0 Additional Requirements

8.1 GSA and FAA Compliance

GSA Schedule 599 holders are responsible for being in compliance with their GSA Schedule contract, including obtaining any required GSA approvals and maintaining required safety standards.

The aircraft operator must be FAA certified and operate as an air carrier/commercial operator under 14 CFR Part 121 or 135; operate the aircraft in accordance with FAA/ICAO authorizations/regulations; and use only pilots and crewmembers qualified, current and authorized to act as flight crewmembers under the Contractor’s air carrier/operator certificates. Flight attendants will be provided as required to meet flight safety and FAA requirements, but will not interact with the noncitizens, U.S. Government officials, or foreign government officials. Unless specifically permitted otherwise by the CO or COR, all aircraft must be U.S. Flag/registered, and all contractor personnel must be U.S. citizens.

8.2 Available Seats and Cargo Space

The Government reserves the right to occupy any available or empty seats and available cargo space on all legs of missions at no additional cost.

8.3 Other Government Agencies and Transport of U.S. Citizens back into the U.S. during Emergency situations

ICE reserves the right to allow personnel and equipment from other U.S. Government agencies to occupy vacant seats and cargo hold space on IAO chartered flights where such allowances do not result in any deviation to the scheduled mission and comply with 31 USC 1301(a). In support of the Health and Human Services (HHS) Center for Disease Control (CDC), and pursuant to the Public Health Service Act, 42 U.S.C. § 265 and 268(b), ICE will allow persons other than U.S. Government agency employees and dependents to occupy vacant seats on a Space Available basis.

Other U.S. Government agency passengers shall be considered guests of ICE and occupy vacant seats as if they were ICE personnel. Travel orders and other forms of travel authorization or approval documentation shall be issued by the other U.S. Government agency. Any use of the aircraft by other U.S. Government agencies under this contract must be approved in advance by the Assistant Director, Removal or higher as well as the Contracting Officer. If supporting other government agencies, carriage of weapons and mission-related equipment may be required on some flights.

In emergency situations and in accordance with OMB Circular A-126, ICE reserves the right to allow federal and non-federal U.S. citizens to occupy seats, “space available,” on an already scheduled return flight back to the United States.

Contractor will maintain accurate flight manifest in accordance with 49 U.S.C. §44909, which requires the manifest include: (a) the full name of each passenger; (b) the passport number of each passenger; (c) the name and telephone number of a contract for each passenger.

8.4 Medical Equipment and Lavatories

Large Aircraft (148 seats or more) must be configured with at least 3 operational enclosed lavatories available for all flight passengers and not be exclusive use for crew members and one equipped with an Automated External Defibrillator (AED) plus one with commercial airline standard first aid kit. Additionally, for all flights the Contractor shall provide 24-hour airborne communications access to physician medical assistance/guidance, either using a company physician or a sub-contractor such as MedAire.

8.5 Data Protection

The Contractor shall handle sensitive but unclassified information IAW MD 11042.1, Safeguarding Sensitive but Unclassified (FOUO) Information. Prior to each flight, ICE will provide the Contractor the names and identifying information of each foreign national and escort officer on the flight for inclusion in the flight plan. ICE will transmit the information encrypted and password-protected via email and provide the Contractor the password in a separate email. Subsequent transmissions of the information by the Contractor (e.g., to a subcontractor) will also be encrypted and password-protected if sent by email. If sent via fax, the Contractor will notify the recipient before transmission to ensure receipt. The Contractor will retain this information for 180 days after the flight. The Contractor will require that any subcontractors also adhere to these requirements for transmission of data and retention. The requirements above apply to all subcontractors who perform work in connection with this contract. For each subcontractor, the Contractor must certify that it has required the subcontractor to adhere to all such requirements. Any breach by a subcontractor of any of the provisions and requirements set forth in this paragraph will be attributed to the Contractor.

8.6 Aircraft Parking, Servicing, and Maintenance

The Contractor shall park the aircraft at loading and unloading locations within the selected airports after coordination with the COR. The Contractor is responsible for servicing the lavatories and cleaning of the aircraft prior to each flight. The Contractor is responsible for scheduling ground servicing and support, including towing, parking, re-fueling, lavatory servicing and aircraft cleaning. Contractor shall ensure Ground Support Equipment (GSE) is available to provide operations at airports without causing cancellations and unnecessary delays.

IAO reserves the right to replace an airframe that is deemed unable to meet operational or safety levels suitable to meet the IAO mission profile. The replacement airframe will remain in service until suitable repairs are made to the aircraft in question. The Contractor will provide the COR and ICE Aviation Safety Officers (ASOs) notification of known aircraft items to be placed into deferral status as soon as possible, but prior to departure. The IAO Contract Aircraft Deferral Notification form (Attachment A) will be used to notify IAO of the deferred item. The deferral notification form must be emailed to the COR and ASOs and include the plan to supply additional support equipment, to be in place at all required stops, to support the aircraft for duration of the mission. The specific deferral items are, but not limited to, the following categories: APU, Electrical Power, Cabin Temperature control, Aircraft pressurization, Seats, Lavatories, and the P.A. system. Therefore, the Government reserves the right to cancel or alter a mission, at no cost to the Government, due to one of the listed items being inoperative and the Contractor’s inability to provide additional support to the aircraft at any of the mission stops.

During hot weather operations, the Contractor shall ensure that air conditioning carts are used to supplement onboard aircraft cooling systems when required to maintain comfortable cabin temperatures while on the ground. IAO must ensure that the environment inside the aircraft cabins meet current performance-based national detention standards (PBNDS) for detainee passengers. Contractor will provide status of air conditioning carts for frequented airports within the U.S., South America, Central America by March 15th of each year.

The Contractor is responsible for ensuring the ground support equipment (GSE) is available and operational at all stops to support the aircraft assigned to this contract, as required. If for some reason a piece of GSE is not operational along a route when required due to aircraft maintenance issues or environmental factors the contractor will immediately notify IAO COR of the situation and work on procuring a replacement GSE equipment. If GSE is not available prior to mission start the COR will be notified. Contractor will provide status report of de-ice capabilities for all frequented airports for U.S.