Draft_ICE_Air_Consolidated_SOW.pdf

Enforcement and Removal Operations (ERO) Repatriation Division

Immigration and Customs Enforcement Air Operations (IAO)

Charter Flights – Domestic/International/Long Range International/Caribbean

IAO Charter Task Order Statement of Work (TOSOW)

1.0 In response to orders from immigration law judges, ICE conducts air movements to stage and remove alien nationals to their home countries. In addition, ICE charter flights may be used to support other ICE missions and, at ICE’s discretion, and subject to interagency agreements may be used in support of missions by other federal agencies. Carriage of weapons and mission related equipment may be required on some flights.

To accomplish these tasks, ICE desires to charter aircraft, flight crews, and security crews as described below.

Note: definitions for commonly used terms are:

Flight Duty Period (FDP)—the allowable length of a flight duty period depends on when the crewmember’s day begins and the number of flight segments he is expected to fly, and ranges from 9-14 hours for single crew operations. 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 task order, 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.

Augmented flight—shall be executed in accordance with FAR 117.

Flight time limits—the FAA limits flight time to eight (8) or nine (9) hours depending on the start time of the pilot’s entire duty period.

Flight hours—the time in hours for each leg commencing when the aircraft starts movement for flight under its own power and ending when the aircraft comes to rest at the destination gate or parking location.

Long Range International Charter (LRIC)—flights to or from the US and locations outside the continental US.

Daily Scheduled Large Aircraft—aircraft based in Miami, FL (MIA), Alexandria, LA

(AEX), Brownsville, TX (BRO), San Antonio, TX (SAT), or Mesa, AZ (IWA) with daily scheduled flights to include but not limited to North America, Central America, South America, the Caribbean, or domestic destinations.

2.0 General Requirements for all ICE Charters.

2.1 ICE will not be responsible for costs incurred because of mechanical failure or for any reason not caused by the government. All crew members shall be expected to be in good physical condition, and the Contractor will be financially liable for all costs associated with flight deviations occurring as a result of illness experienced or other delays caused by their crew members.

2.2 All flights will be for a total wet lease to include aircraft; flight crew (using the minimum number required to complete the flight); security crew/ flight nurse (Daily Scheduled Large

Aircraft); aircraft-to-medical doctor communication capability; maintenance, insurance, fuel (at

$2 per gallon), de-icing, all airport handling, parking, and landing fees; all over-flight fees;

passenger taxes; airport/FBO handling fees; cleaning fees and lavatory servicing fees; Customs fees; personnel visa/inoculation charges; and all other miscellaneous fees and taxes associated with each flight. Aircraft lavatories will be serviced prior to each flight. The Contractor shall be responsible for obtaining all required clearances relating to the aircraft, personnel, and subcontractors. Separate charges for any items other than the authorized Other Direct Charges

(ODCs) described in paragraph 2.3 will not be reimbursed.

The Contractor will provide audio and visual capability to provide pre-departure and arrival passenger briefings in both Spanish and English. As determined by the Contractor, television monitors and/or computer notepads/tablets will be used in addition to bi-lingual briefing cards.

Costs for positioning/de-positioning of aircraft and/or personnel to or from the primary operating airport (MIA, AEX, SAT, BRO or IWA) or LRIC departure/final destination airports (except for flights originating and/or terminating at international locations) or to/from airports for commercial flights (including parking); and on or between airport operating/parking areas, will be included in the wet lease price and not invoiced separately.

Flight hours for each segment shall be expressed in hours and actual whole minutes. 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 two decimal places) multiplied by the cost per flight hour. Only flight hour charges submitted with complete flight logs will be reimbursed.

2.3 ODCs. Except for fuel charges exceeding $2.00 per gallon, and after prior approval by the

Contracting Officer Representative (COR), only the following ODCs may be invoiced:

1) on Daily Scheduled Large Aircraft flights catering for alien nationals only; 2) flight crew augmentation to permit longer flights; 3) pre-approved crew remaining overnight (to include rental cars, hotel charges, and per diem for crews); 4) crew staging to permit longer flights; or, 5) 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. See paragraph 2.4 for cost restrictions.

2.4 Hotel/Rental Car/Per Diem/Commercial Air Travel—when flight itineraries require pre-positioning or overnighting of crews, after COR approval, reimbursement for hotel and per diem shall be limited to the government rates applicable to ICE Officers for the same location. World-wide government hotel and per diem rates may be accessed at the following link:

http://aoprals.state.gov/web920/per_diem.asp. Commercial air travel will be at the lowest available coach rates, and rental car charges, unless specifically authorized by the Contracting

Officer (CO) or COR, will not be reimbursed. When crew staging is required, only costs of commercial travel tickets, hotel, and per diem will be reimbursed.

2.5 Large Aircraft (150 seats or more) must have at least two enclosed lavatories and be equipped with at least one Automated External Defibrillator (AED) plus at least one commercial airline standard first aid kit. Small or Medium Aircraft require a minimum of one enclosed lavatory plus an AED and commercial airline first aid kit. Additionally, for all flights the http://aoprals.state.gov/web920/per_diem.asp contractor will provide 24-hour airborne communications access to physician medical assistance/guidance, either using a company physician or a sub-contractor such as MedAire.

2.6 Restraints will be used when directed by ICE Officers. and when required metal passenger restraints (handcuffs, waist/belly chain, and leg irons) will be provided by the Contractor. The

Contractor will replace any and all restraints that are malfunctioning or unserviceable at no additional cost to the government. Contractor guard personnel may assist in installation and removal of restraints as directed by ICE Officers.

2.7 Catering. Normally catering will not be provided on Daily Charter Flights, but with prior approval by the COR, may be authorized for passengers only and invoiced as an ODC. Sufficient bottled water for passengers and crew will be carried on all flights.

All LRIC flights will require catered meals for all passengers of commercial airline quality without pork, pork products, or peanut products. Occasionally, Halal meals will be required.

Legs of up to two hours will require a 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 will be provided for each leg. LRIC catering costs will be included in the total wet lease hourly rate.

2.8 The Government reserves the right to occupy any additional available seats at no additional cost. When alien national passengers are transported, each shall be allowed baggage not to exceed 40 pounds. Onboard US Government officials will be responsible for all direct liaison and discussion with foreign government officials regarding passenger immigration and the reasons for their transport.

2.9 GSA Schedule 599 holders are responsible for being in compliance with their GSA Schedule contract, to include obtaining any required GSA approvals and maintaining required safety standards. The aircraft operator must be Federal Aviation Administration (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 vendor’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 alien nationals, US Government officials, or foreign government officials. Unless specifically permitted otherwise, all aircraft will be US

Flag/registered and all contractor personnel will be US citizens.

2.10 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. Charges for any of these items will be included in the total wet lease hourly rate. The Contractor will 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 US citizens, have successfully completed a seven-year criminal background investigation within the previous twelve 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.

Data Protection—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.

2.11 For all flights, takeoff will be accomplished after gate departure without undue delay unless caused by the controlling civil aviation authority. Flight crews shall report no more than one (1) hour prior to the first scheduled departure time with FDP ending when the aircraft is parked at the completion of the last flight.

2.12 The Contractor shall be responsible for obtaining all required clearances relating to the aircraft, personnel, and subcontractors, to include passenger fees, airport and customs fees. The

US Government shall assist with expediting the acceptance process of the aircraft and crew into the United States where possible. En route technical stops require prior approval from the COR.

Charters should be planned for direct flights with minimum en route technical stops.

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

2.13 The Contractor shall park the aircraft at loading and unloading locations within the selected airports after coordination with the COR. The Contractor will be responsible for servicing the lavatories and cleaning of the aircraft prior to each flight. All costs and fees for ground servicing and support, including towing, parking, airport positioning/depositioning, fuel, lavatory servicing and aircraft cleaning, will be the responsibility of the Contractor. During hot weather operations, the contractor will ensure that air conditioning carts are used to supplement onboard aircraft cooling systems when required to maintain comfortable cabin temperatures while on the ground.

2.14 Fuel. Fuel costs of $2/gallon will be included in the total wet lease aircraft hourly rates.

Verifiable fuel charges to support ICE flights only, which exceed the base price of $2.00 per gallon, will be reimbursed as ODCs. The pounds-to-gallon conversion rate will be 6.79 pounds per gallon.

2.15 Guard Crew/Flight Nurse Requirements. Daily Scheduled Large Aircraft charter flights will include contractor security guards and flight nurses as crewmembers. On some LRIC flights contractor security guards may be required.

The guard crew shall not carry weapons (including less than lethal). Guard crew duties may normally include, but are not limited to, the following tasks: searching the aircraft for contraband, searching alien nationals for contraband, loading and unloading alien nationals

(including those handicapped and/or requiring special assistance) and property onto and off the aircraft, feeding alien nationals in flight and assisting in cabin cleanup afterwards, identifying proper documentation, escorting to rest rooms, assisting with perimeter security when requested, restraining alien nationals or removing restraints, and ensuring general security and safety of alien nationals when onboard the aircraft. Contractor guard crews will normally consist of thirteen (13) personnel (two of thirteen female, at least seven of thirteen fluent in both Spanish and English). Guard crew personnel shall be under the operational control of the contractor either as an employee or acting as a de facto employee by a subcontract relationship. ICE

Officer(s) will be responsible for the custody of any alien national passengers.

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 alien nationals, will be provided at the discretion of the contractor and at no cost to the government.

The Contractor will ensure and certify by letter to the COR that contract guard crewmembers meet one or more of the following minimum requirements: (a) one year of full-time experience as a corrections/detention officer within the United States; (b) one year of full-time law enforcement experience while employed by a United States federal, state, county, city or municipality law enforcement entity, or the United States Military; or (c) three years of non-administrative United States military active duty plus completion of an ICE-approved security training program, to be provided and administered by the security subcontracting GSA schedule holder at no cost to the government. ICE will not provide training for contractor guard personnel.

All guard personnel must be 1) a U.S. citizen residing in the United States; 2) certified as security officer in the state 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; and 4) possess a successful background and security investigation with no derogatory references. Any instance of criminal conviction, or non-disclosure of same, will preclude an individual from eligibility to act in any crewmember position.

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 will certify flight nurse qualifications and provide documentation of the certifications to the COR.

NOTE: It is possible that sometime during the period of performance of the contract, ICE Flight Nurses may be assigned to the flights and the contractor-provided flight nurses will no longer be required. If occurring, ICE will give a two-week notice to the Contractor.

2.16 Liquidated Damages. Nonavailability of aircraft and/or crew, mechanical issues, and other instances of Contractor nonperformance will result in assessment of liquidated damages in the amount of $250 per day per passenger for reimbursement of all resulting costs incurred by the government. These costs may include, but are not limited to, ICE Officer per diem, bus transportation, and any and all related detention costs accrued per alien national for each day required to be detained at government expense beyond the original scheduled departure time.

Charges may be assessed for cost 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 20 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.

3.0 Additional Requirements for Daily Scheduled Large Aircraft.

3.1 For Daily Scheduled Large Aircraft flights, each aircraft must have a minimum of 150 passenger seats: at least 136 for alien nationals/ICE Officers, 13 for contractor-provided security guards, and 1 for the contractor-provided flight nurse. In addition, each aircraft must be configured to permit augmented flights in accordance with FAR 117.

3.2 Aircraft type, performance, and flight crew qualifications must permit year-round operation with full passenger loads into and out of all Central and South America major commercial airports (including Tegucigalpa, Honduras, and Guayaquil, Ecuador). If, for destinations such as

Toncontin International Airport (Tegucigalpa, Honduras), access is restricted by the host government to certain aircraft types/models, the contractor will provide an aircraft suitable to meet those restrictions with comparable performance and number of seats. Air stairs are not required but may be advantageous in meeting the requirement to operate into and out of all

Central and South America major commercial airports. The Contractor will 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.

3.3 Daily Scheduled Large Aircraft will be available for flights seven days per week. Flights may be to single or multiple destinations normally with a maximum of 9 hours flight time scheduled per day. In accordance with FAR 117, scheduled flights exceeding 9 hours with 3 or fewer segments may be augmented to provide up to 13 hours flight time. 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 twenty-four hours, the vendor will make best effort to comply, but will not be contractually obligated to make the flight.

3.4 No later than 20 hours prior to each scheduled departure time, the aircraft registration number, crew identification, and crew qualifications will be provided to the COR. Not providing this information within 20 hours of the scheduled departure may result in a determination of non-availability of the flight by the COR. In the event the aircraft/flight crew/security crew/flight nurses are not available for a regularly scheduled departure, any resulting costs incurred by the government will be assessed as liquidated damages.

3.5 Operating Locations/Estimated Flight Hours. Normally, flights will 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 en route location. On those occasions, costs for remaining overnight will be reimbursed as ODCs as described above. Following are the Daily Scheduled Large Aircraft operating locations/estimated flight hours:

Phoenix-Mesa Gateway AP, Mesa, AZ. (3 aircraft/6,000 hours)

Alexandria International AP, Alexandria, LA. (2 aircraft/4,000 hours)

Brownsville/S. Padre Island International AP, Brownsville, TX. (1 aircraft/2,000 hours)

San Antonio International AP, San Antonio, TX. (2 aircraft/4,000 hours)

Miami International AP, Miami, FL. (1 aircraft/2,000 hours)

3.6 Sample Historical Summary of Flights (six-month period):

Country International International

Percentage Domestic

Domestic

Percent

Grand

Total

IWA El Salvador 36 9.70%

(3 acft shown) Guatemala 64 17.25%

Honduras 34 9.16%

Mexico 48 12.94%

United

States

189 50.94%

Total 182 49.06% 189 50.94% 371

Percentage Domestic

Domestic

Percent

Grand

SAT El Salvador 44 17.89%

(2 acft

Guatemala 62 25.20%

Honduras 78 31.71%

62 25.20%

Total 184 74.80% 62 25.20% 246

Percentage Domestic

Domestic

Percent

Grand

AEX El Salvador 57 23.27%

Guatemala 30 12.24%

Honduras 5 2.04%

Dom Rep 11 4.49%

Jamaica 5 2.04%

Nicaragua 10 4.08%

Columbia 6 2.45%

Ecuador 12 4.90%

Haiti 6 2.45%

103 42.04%

Total 142 57.96% 103 42.04% 245

Percentage Domestic

Domestic

Percent

Grand

BRO El Salvador 3 1.44%

Guatemala 47 22.49%

Honduras 31 14.83%

128 61.24%

Total 81 38.76% 128 61.24% 209

Percentage Domestic

Domestic

Percent

Grand

MIA Honduras 46 37.70%

(1 acft

Guatemala 24 19.67%

Jamaica 1 0.82%

51 41.80%

Total 71 58.20% 51 41.80% 122

Sample of Phoenix-Mesa Gateway Routes (One Aircraft, two-week period).

BFI-ELP, OAK-SAN, AEX-ELP, MGGT, MGGT, OAK-SAN, ELP-MSLP, CSG-AEX-ELP,

MGGT, SAT-BFI

Sample of Alexandria Routes (One Aircraft, two-week period).

EWR-MDT, MSP-TOL-LRD, DAL-MSLP, BRO-MGGT, BRO-CSG-GYY, EWR-MDT LRD-

MDT-BUF-MGGT-MNMG, BRO-MGGT, -IAH-MSLP-SAT-CSG

Sample of San Antonio Routes (One Aircraft, two-week period).

BRO-MHLM-MGGT, LRD- MSLP, CSG, BRO-MHLM, BRO-MGGT-MHLM, BRO-MGGT,

LRD-IWA-BFI, BRO MHLM, LRD-MSLP, BRO-MGGT-MHLM

Sample of Brownsville Routes (One Aircraft, two-week period).

MGGT, LRD-BUF-MDT, LRD-MSLP-MGGT, SAT-MHLM, MGGT, CSG-MDT, MGGT,

CSG-GYY-AEX

Sample of Miami Routes (One Aircraft, two-week period).

CSG-IAH-MHLM, MTPP-MDSD-BRO, CSG-AEX-BRO, MTPP-MDSD, CSG-IAH-MGGT,

CSG-IAH-MGGT, MGGT

4.0 Additional Requirements for Large Aircraft LRIC Flights.

4.1 Depending on the number of seats required for a flight, Large Aircraft LRICs will utilize one of three sizes of aircraft with the following approximate number of seats: 150-170, 170-200, and

200-300. In general, these would be comparable in size to Boeing 737,757, and 767 aircraft. For each flight, a backup aircraft and crew will be available if the primary aircraft/crew are unable to meet the scheduled departure time. Aircraft and crew will be in position and ready for departure a minimum of 3 hours prior to the scheduled departure time. Invoicing will utilize the hourly rate quoted by the Contractor for the size aircraft used, with requirements and charges as outlined in paragraphs 2.2, 2.3, and 2.4.

4.2 Itinerary and seat requirements specific to a flight will normally be provided by the COR a minimum of ten days prior to the desired departure date and the Contractor will be available to receive scheduling requirements 24/7. 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 will be provided to the COR. LRIC flights will be completed with the minimum number of flight crewmembers required to meet the schedule at the most economical cost to the government. Included with the crew will be an onboard

Management Representative to pay fuel/parking/clearance bills that arise during the flight. Crew lodging and per diem will not exceed government rates for the same locations. For any non-performance, the Contractor may be assessed liquidated damages as described in paragraph 2.16 for all resulting costs incurred by the government beyond the scheduled departure time. Charges may be assessed regardless of whether or not the Contractor is able to make an aircraft available in time to meet the re-scheduled departure time. Aircraft substitutions less than 10 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.

4.3 Catering. See paragraph 2.7 above.

4.4 If included in the scheduling requirement, contractor security guards/flight nurses will meet the same qualifications/requirements described above in paragraph 2.15 except that the ability to speak Spanish may be waived by the COR. The Contractor will provide an hourly rate for security guards if required to support Large Aircraft LRIC flights.

4.5 A minimum of three movies per flight will be provided to enable continuous in-flight entertainment, using electronic tablets or speakers (not headphones), for each leg until the final destination. Movies for use during flights must be pre-approved by the COR for content, and if invoiced, will become property of ICE for use on subsequent flights.

4.6 Following are samples of Large Aircraft LRIC routes (aircraft performance permitting, and when authorized by the COR, some of the en route locations may be overflown):

AEX-SJU-SID-LOS-SID-JFK-SAT

MIA-TJSJ-GOOY-DNMM-GOOY-TJSJ-MIA

IAG-SJU-GOOY-DGAA-DNMM-GVAC-SJU-MIA

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

5.0 Additional Requirements for Small Aircraft LRIC Flights.

5.1 Normally Small Aircraft LRIC flights will be scheduled to occur no more than once or twice per month with each flight lasting approximately 3 days and 30-40 flight hours to worldwide destinations. Additional flights with departures and/or destinations within the Continental US may be scheduled.

5.2 For each Small Aircraft LRIC flight, the Contractor shall provide a primary and backup aircraft and crew, each with 14-18 passenger seats and a minimum range of 4,000NM. The government reserves the right to occupy every available seat on every flight at no additional cost.

Each passenger will be allowed baggage not to exceed 40 pounds.

5.3 Aircraft and flight crews will be international and long-range over water qualified as appropriate for flight routing and, when required, augmented per FAR 117 with additional pilots to enable flights exceeding daily normal crew flight/duty limits.

5.3 Aircraft shall be ready to start taxi for takeoff from a departure airport designated by the

COR within 10 days of tasking (and available for tasking 24/7). Taskings shorter than 10 days may be requested but will be flown only subject to availability of aircraft/crew. Proposed flight itineraries will be provided to the COR for approval within 8 hours after tasking. For every flight, backup aircraft, crews, and flight planning must be available to permit departure as scheduled with no delays.

5.4 To assist in planning, following are samples of previous Small Aircraft LRIC flights:

MIA-GOOY-FKYS-GOOY-TJBQ-MIA

AEX-BGR-LJLJ-LQSA-LATI-LIRA-CYYT-TEB

MIA-TDPD-TVSC-MYNN-MIA

OPF-TJBQ-GOOY-HKJK-GOOY-TJBQ-OPF

OPF-GOOY-OJAI-GOOY-TJSJ-OPF

OPF-TJSJ-GOOY-FKKD-FOOL-HKJK-GOOY-TJSJ-OPF

IAG-BGR-LQSA-LTBA-LRBS-LTBA-LRBS-LTBA-EINN-BOS

OPF-TJSJ-GOOY-FKKD-FLKK-FWKI-HTDA-FSIA-FLKK-GOOY-TJSJ-OPF

IAG-BGR-LHBP-UTTT-LTBA-EINN-BOS

5.5 Flights will be invoiced based on actual flight hours using an hourly rate plus any applicable

ODCs with charges as described in paragraphs 2.2, 2.3, and 2.4.

5.6 Catering. See paragraph 2.7 above.

5.7 Continuous in-flight movies using electronic tablets or speakers (not headphones) for each leg until the final destination will be provided. Movies for use during flights must be pre-approved by the COR for content, and if invoiced, will become property of ICE for use on subsequent flights.

5.8 Aircraft/crew positioning costs for departure locations within the Continental US will not be reimbursed. Aircraft/crew depositioning costs from final destinations within the Continental

US will not be reimbursed. For flights originating and/or terminating outside the Continental

US, actual costs incurred for aircraft/crew positioning and/or depositioning will be reimbursed for flight hours/hotel/per diem only with amounts not to exceed costs that would have accrued to fly from/to the aircraft home base location.

6.0 Additional Requirements for Small to Medium Caribbean Flights

6.1 Small Aircraft. Deportation flights using an aircraft with a minimum of 8 passenger seats will be flown approximately every 30 days from Miami, FL (KMIA) to Havana, CU (MUHA).

Except for a base fuel rate of $2.00 per gallon, this charter will be for an all-inclusive lease using an aircraft configured as described in paragraph 2.5. The Government reserves the right to occupy at no added cost any available seats beyond the 8 minimum required. Flights will depart

KMIA to arrive at MUHA at 1200 hours local time, and after approximately one hour of ground time for deplaning detainees, shall return to KMIA with the ICE personnel. A flight attendant is not required, but if provided must not occupy any of the detainee/ICE escort passenger seats. The

MIA FBO to be used will be as directed by the Contracting Officer Representative (COR).

The vendor must be an FAA-certified air carrier/commercial operator under 14 CFR Part 121 or

135; operate the aircraft in accordance with FAA/ICAO authorizations and regulations; and use only US citizen, pilots and crewmembers qualified, current and authorized to act as flight crewmembers under the vendor’s air carrier/operator certificates.

NOTE: At the time of a flight, the vendor will 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 identical (or very 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 and will obtain all necessary flight and landing clearances for each flight. ICE will not assist in obtaining permits and/or operating clearances.

In addition to the Miami-Cuba flights, this aircraft may be required for other domestic and/or

Caribbean destinations.

6.2 Medium Aircraft. Medium-sized aircraft are planned to be flown between Miami, FL, Puerto

Rico, and Haiti. Aircraft must be configured as described in paragraph 2.5, have range to fly

KMIA—TJBQ, and sized with the following approximate number of seats: 30-70 and 80-120.

These aircraft may be required for other domestic and/or Caribbean flights.

7.0 Pricing. Flights will be invoiced using the flight hour rate appropriate to the type of flight as requested by the COR. A fuel base of $2/gallon will be included in all hourly rates. Except for

LRIC flights originating and/or ending outside the US, positioning and depositioning costs will not be reimbursed. Pre-approved and documented ODC submissions will be reimbursed.

Each of the five Daily Scheduled Large Aircraft operating locations will have an inclusive total hourly rate for aircraft, flight crew, security guards, and flight nurse.

Large Aircraft LRICs will have three flight hour rates based on aircraft size within the following range of available seats: 150-170, 170-200, and 200-300. Additionally, an hourly rate per aircraft security guard will be provided should guards be required for a flight.

Small Aircraft LRICs will have an inclusive total hourly rate for aircraft, cockpit crew, and flight attendant.

Small to Medium Caribbean Aircraft will have three flight hour rates based on aircraft with the following number of seats: small—8 minimum; and, medium—30-90 and 90-120. Additionally, an hourly rate per aircraft security guard will be provided should guards be required for a flight.

8.0 Invoicing.

NOTE: In the event of an aircraft incident/accident, the Contractor and/or contracted certificate holder shall be responsible for all resulting costs including all those for family care and assistance (for example: transportation, lodging, and meals).

8.1 Invoices will be for a single flight, or for Daily Scheduled Large Aircraft a period of 14 days, and will include: 1) dates and routes of each flight with domestic and/or international hours flown; 2) subtotals of domestic and/or international hours flown during the invoice period with associated costs; 3) total hours and total wet lease cost for the invoice period; and, 4) an attached copy of the flight log used to determine billable flight hours.

8b. Flight hours are the actual time in hours and minutes for each leg commencing when the aircraft starts movement for flight under its own power and ending when the aircraft comes to rest at the destination gate or parking location. For billing purposes, flight hours shall be expressed in actual hours and minutes only. Minutes shall not be rounded up or down. Charges will be computed using flight time for each leg in hours, plus minutes (expressed in hundredths of an hour), multiplied by the cost per flight hour.

8.2 With prior approval by the COR the following Other Direct Costs (ODCs) may be invoiced:

1) catering (for alien nationals only); 2) FAR 117 flight crew augmentation to permit longer flights; 3) crew remaining overnight (to include rental cars, hotel charges, and per diem for crews); 4) crew staging to permit longer flights; or, 5) 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.

9. Delays/Cancellations/Non-Available Flights/Late Departures/Late Arrivals.

9.1 The Government may recover from the Contractor costs incurred owing to contractor-caused late departure, late arrival, non-available, or cancelled flights. A replacement aircraft, once approved for use by the COR, shall have performance and seating capabilities the same as or greater than those of the originally scheduled aircraft.

9.2 The return of alien nationals 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 difficulties, inconvenience to foreign officials/administrative personnel, and additional costs.

Because arrival at the scheduled time is so important: unless caused by the government, a flight that departs the gate or loading area to commence taxi for takeoff more than one (1) hour after the scheduled departure time will be termed a late departure; unless caused by the government, a flight arriving at a destination more than one (1) hour after the scheduled arrival time will be termed a late arrival. More than three (3) late departures or more than three (3) late arrivals or a combination of both during the period of performance will result in a review for possible contract termination for non-performance.

9.3 Any flight, owing to contractor-caused delays, unable to depart the gate or loading area prior to the “latest departure time” provided for each flight by the COR may be cancelled.

Additionally, for maintenance problems a final “go/no go” decision by the COR/CO will be required no later than two hours prior to the “latest departure time.” “No go” flights will be cancelled. Upon Notice of Cancellation due to Non-Availability, the Contractor may be assessed all costs incurred by the government resulting from the cancelled flight, including but not limited to ICE Officer per diem, bus transportation, and any and all related detention costs accrued per alien national for each day required to be detained at government expense beyond the original scheduled departure time. Charges may be assessed regardless of whether or not the

Contractor is able to make an aircraft available in time to meet the re-scheduled departure time.

9.4 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.

10. Government Responsibilities.

10.1 The US Government shall ensure that all passengers to be transported shall have completed security screening and have proper documentation to permit departure to the foreign destination(s).

10.2 For Daily Scheduled Large Aircraft flights the COR shall provide flight schedule requirements no later than 24 hours prior to the desired departure time and shall include a “no later than” departure time for each Domestic and International flight.

10.3 The US Government shall provide the contractor with a manifest containing the names of all passengers for each flight prior to departure.

10.4 The US Government cannot guarantee acceptance of all boarded passengers by foreign governments, however, the responsibility for handling any incidents of non-acceptance shall fall on the US Government, not on the contractor.

11.0 Contract Oversight/Management.

11.1 The contractor shall provide continuous management oversight to ensure that all services required under the contract are performed in a timely and satisfactory manner. A contractor

Project Manager (PM) will be designated who will be available via phone and e-mail twenty-four hours a day, seven days a week, during the contract period of performance. This position is included as Key Personnel in accordance with HSAR 3052.215-70 Key Personnel or Facilities

(DEC 2003). Note: The PM will not be a separately priced CLIN; the PM shall be included as part of a vendor’s total, all inclusive wet lease price.

11.2 The PM shall have a minimum of five (5) years project management experience, demonstrating project management support services with large, high risk, sensitive projects and division level management experience managing projects and staff of comparable scope to the effort assigned.

11.3 A signed and dated letter of commitment for the PM, including a resume, shall be provided with the offerors’ quotes. The resume shall reflect that the PM meets the minimum qualifications for the position.

11.4 Periodically, in response to upper management inquiries, IAO will be required to obtain from the Contractor time sensitive information to forward as reports. When requests are made for such information, the Contractor will respond within 24 hours, or if unable-, will provide an acceptable justification for the delay. ODCs will not be used to reimburse any costs incurred by the Contractor to obtain the requested information.

12.0 Required Insurance and Liability Coverage. Prior to performance of any services the

Contractor shall procure and maintain during the entire contract period of performance the following insurance coverage:

(1) Liability Insurance. The Operator shall maintain, or cause to be maintained at its sole expense, bodily injury and property damage liability insurance.

(2) Hull Insurance. The Operator shall maintain, or cause to be maintained at its sole expense, all-risks aircraft hull insurance in an amount equal to the value of the aircraft. Such policy shall designate the Operator and any first lien mortgage holder as loss payees as their interests may appear.

(3) Insurance Certificates. When submitting proposals in response to a Task Order

Request for Quotation (RFQ) Contractors shall include copies of insurance certificates and certify that the required insurance coverage will be in force prior to performance of any services.

Areas in the certificates denoting Liability and Hull insurance will be highlighted for easy reference.

(4) Workers Compensation. The Operator shall maintain workers compensation insurance providing applicable statutory benefits for all employees performing services pursuant to this Agreement. The cost of such workers compensation insurance premiums is the Operator’s responsibility.

(5) Conditions of Insurance. Each such policy shall insure the Operator’s contractual liability to ICE contained in this Agreement. The geographic limits, if any, contained in each and every such policy of insurance shall include at the minimum all territories over which

Operator will operate the Aircraft for which the insurance is placed. If the policy is cancelled, the Operator shall give ICE written notice as soon notification is received.

(6) Other Insurance(s) As Requested. In certain instances, the Government may require additional or supplemental insurance. If required, additional or supplemental insurance requests will be set forth in the Task Order RFQ.

13.0 Summary Reports.

All reporting will be based upon industry best practices and provided at no additional cost to the

Government. The Contractor must ensure the security of all SPII included in reports. The following reports are to be provided to the COR (the Government reserves the right to amend the list at any time):

Invoice summary reports detailing charges for each flight/billing period with total cumulative charges, total flight hours to date, and flight hours/funding remaining on the contract.

Monthly and quarterly summary of flights (for each flight include the type aircraft, origination and destination dates/times/locations, number of passengers, type and number of flight hours, invoiced amount) with monthly and cumulative monthly totals or quarterly and quarterly cumulative totals.

Current pilot (covers pilot certifications and experience levels including type ratings) and current flight attendant rosters. For each individual listed, rosters should include name, SSN, date of birth, place of birth, citizenship, position assigned, and in addition for pilots, certifications and flight time experience.

Quarterly operational summary Safety Reports (including total number of flights per quarter, total number of flights designated by origin-destination pairs, details of any aircraft accidents or incidents including flight crewmembers involved / aircraft type/ registration number / dates / location / number of passengers). Accidents, incidents, and

/or violations must be reported upon occurrence.

14.0 Aircraft Mishap/Emergency Response Plans and Aircraft/Records Safety Reviews.

The Contractor and certificated operator will ensure compliance with the following requirements related to aircraft mishaps/accident response:

that the contracted certificate holder has in place accident notification procedures in accordance with Title 14 CFR Part 121, subpart G, § 121.135, Item (23) or 14 CFR Part

135, Subpart A, § 135.23, Item (d);

that the contracted certificate holder shall comply with Title 49 CFR, Chapter VIII, Part

830 – Notification and reporting accidents to the NTSB;

that the contracted certificate holder shall comply with Title 49, U.S. Code, Subtitle VII, Part A, Subpart ii, Chapter 411, § 41113 and will have a plan to address the needs of families of passengers involved in aircraft accidents;

these plans will include:

1. information detailing the operations and services to be supplied specifically in support of ICE Air Operations;

2. the requirement for immediate notification to ICE Air Operations in the event of an aircraft accident/incident;

3. requirements for documented training of those involved in accident/incident response;

4. periodic tests/exercises to ensure effectiveness of the response plan;

that the contracted certificate holder will provide copies of the plans to the ICE Air

Aviation Safety and Standardization Officer no later than thirty (30) days after award of a task order.

NOTE: In the event of an aircraft incident/accident, the Contractor and/or contracted certificate holder shall be responsible for all resulting costs including all costs for family care and assistance (for example: transportation, lodging, and meals).

15.0 Safety and Standardization Access

While the Contractor is responsible for regulatory and contractual compliance, ICE Air

Operations (IAO):

If requested by ICE, will be permitted to audit, inspect, evaluate, and monitor the records, programs, and performance of any and all contracted aircraft operators.

If requested by ICE, will have full access to review any contracted aircraft operator manuals and any supporting records, documents, or reports that are required by Title 14

CFR Part 121 or 135.

If requested by ICE, will have full access, at any time, to perform physical airworthiness inspections of any contracted aircraft.

If requested by ICE, will have full access to evaluate, inspect, and monitor any contracted or subcontracted aircraft service providers, i.e., FBO’s, maintenance providers, ground handlers, fuel providers, etc.

If requested by ICE, will be provided any requested manuals, records, or documentation in response to IAO safety investigations or evaluations.

Contractor facilitation for any of the above items will be done at no additional cost to the government, and ODCs will not be permitted as reimbursement should any costs be incurred.

Any determination of non-compliance with federal regulation, company policy, industry standards, or safe practices will be communicated at the time of inspection and elevated as required for appropriate action.