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TRANSFARS PART 5552



TRANSFARS PART 5552
SOLICITATION PROVISIONS AND CONTRACT CLAUSES


5552.204-9000 Notification of Government security activity and visitor group security agreements.
As prescribed in 5504.404-90(a), insert the following clause in solicitations and contracts:

NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP SECURITY AGREEMENTS (APRIL 2007)

This contract contains a DD Form 254, DOD Contract Security Classification Specification, and requires performance at a government location in the U.S. or overseas. Prior to beginning operations involving classified information on an installation identified on the DD Form 254, the contractor shall take the following actions:

This requirement is in addition to visit request procedures contained in DOD 5220.22-M, National Industrial Security Program Operating Manual.

(End of clause)


5552.204-9001 Facility Clearance
As prescribed in 5504.404-90(b), insert a provision substantially the same as the following in solicitations:

FACILITY CLEARANCE (APRIL 2007)

The offeror must possess, or acquire prior to award of a contract, a facility clearance equal to the highest classification stated on the Contract Security Classification Specification DD Form 254 attached to this solicitation.

(End of clause)


5552.216-9000 Evaluation of offers subject to an economic price adjustment clause.
As prescribed in 5516.203-4(a), insert the following provision in solicitations subject to an economic price adjustment clause.

EVALUATION OF OFFERS SUBJECT TO AN ECONOMIC PRICE ADJUSTMENT CLAUSE (FEB 2009)

Offers shall be evaluated without an amount for an economic price adjustment being added. Offers will be rejected which: (1) in any way change the ceiling stipulated; (2) limit the downward adjustment; or (3) delete the economic price adjustment clause.

(End of provision)


5552.216-9001 Economic Price Adjustment based on Actual Cost of Fuel – Airlift
As prescribed in 5516.203-4(b), insert the following clause in solicitations and contracts when an economic price adjustment based on actual cost of fuel for airlift is anticipated and reporting will be accomplished per month.
Economic Price Adjustment based on Actual Cost of Fuel – Airlift (FEB 2009)
In order to protect the contractor and the government from significant market fluctuations in the price of fuel, an adjustment will be made based on actual costs incurred. Adjustments will be made as indicated below.

ALTERNATE I (FEB 2009)

As prescribed by 5516.203-4 (b), when an economic price adjustment based on actual cost of fuel for airlift is anticipated and reporting will be accomplished per mission, substitute the following paragraph (c) to the basic clause.

ALTERNATE II (FEB 2009)

As prescribed by 5516.203-4 (b), when an economic price adjustment based on actual cost of fuel for airlift is anticipated for Civil Reserve Air Fleet (CRAF) International Services, replace paragraphs (b) through (f) of the basic clause with the following paragraphs (b) and (c).

(End of clause)


5552.216-9002 Economic Price Adjustment based on DESC Established Prices of Fuel – Airlift
As prescribed in 5516.203-4(c), insert the following clause in solicitations and contracts when an economic price adjustment based on the Defense Energy Supply Center (DESC) established prices of fuel for airlift is anticipated.
ECONOMIC PRICE ADJUSTMENT BASED ON DESC ESTABLISHED PRICES OF FUEL – AIRLIFT (JUNE 2009)

In order to protect the contractor and the government against significant market fluctuations in the price of fuel, a monthly adjustment will be made based on the fuel price established by the Defense Energy Supply Center (DESC) for JP-8. Adjustments will be made as indicated in paragraphs (b) and (c) below and shall be taken against the CLIN titled Fuel EPA Reimbursable.

(a) Economic Price Adjustments pursuant to this clause are limited to changes in fuel.

(b) Allowable fuel adjustments will be made, upward or downward, only if the DESC price varies by more than (fillable field) % per gallon from the base price established in the contract (hereafter referred to as the “pegged price”).

(c) Reporting requirements for adjustments are as stated in the contract.

(d) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each change from the pegged price for JP-8.

(e) For the contracting officer to consider any request for adjustment, the contractor shall submit data that clearly supports any request for adjustment. At a minimum, the contractor shall submit all required documents and follow all fuel adjustment guidelines indicated in the contract.

(f) The following steps are taken to determine an adjustment (if applicable in accordance with (b)(above):

(End of clause)


5552.216-9003 USTRANSCOM Task and Delivery-Order Ombudsman
As prescribed in 5516.506, insert the following clause in all task order solicitations and contracts.
USTRANSCOM TASK AND DELIVERY ORDER OMBUDSMAN (JUNE 2009)

In accordance with FAR 16.505(b)(6), the individual identified below is designated as the USTRANSCOM Task and Delivery-Order Ombudsman. The ombudsman is an independent official designated to review contractor complaints and to ensure contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract. Consulting the ombudsman does not relieve the contractor from performance requirements in the contract, nor alter or postpone any timelines for any other processes. Interested parties should first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. If resolution cannot be made by the contracting officer, concerned parties may contact:

Chief, Business Support and Policy Division
Telephone Number: 618-220-7021 FAX: 618-220-6248

(End of clause)


5552.216-9004 Economic Price Adjustment for Less Than Full-Planeload (LPL) Scheduled Services - Airlift
As prescribed in 5516.203-4(d), insert a clause that is substantially the same in all contracts for less than full-plane load scheduled services when an economic price adjustment based on the Bureau of Labor Statistics, Producer Price Index for North American Industrial Classification System (NAICS) codes is anticipated.
ECONOMIC PRICE ADJUSTMENT FOR LESS FULL-PLANE LOAD (LPL) SCHEDULED SERVICES – AIRLIFT (MAY 2010)

In order to protect the contractor and government against significant market fluctuations, the unit prices shall be adjusted on (Day/Month fillable field) of each Option Year beginning (Day/Month/Year fillable field). The adjustment shall be based on the Bureau of Labor Statistics, Producer Price Index for North American Industrial Classification System (NAICS) codes for insert NAICS index here. In the event publication of the index is discontinued, the parties shall agree upon an appropriate substitute index.

Where:

Option Year 1 = Average of index figures from (Month Year fillable field) through (Month Year fillable field)

* * * * * * * * * * * * *
EXAMPLE:

Contract performance start date is 01 October 2009. The first EPA will take place on 1 October 2010.

Sample Index:

 

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Year
08

         

110.1

111.3

107.8

107.9

107.3

106.7

106.7

Year
09

106.9

106.0

106.0

106.2

109.4

109.4

109.4

109.4

109.6

111.2

109.5

112.2p

Year
10

113.4p

118.0p

117.8p

118.0p

118.0p

             

Note: The below figures are provided as an example only. The exact numbers for the base year ( I1 ) and ( I2 ) cannot be determined at this point.

Example P = $2.34

Example I1 = Avg from June 2008 through May 2009
(110.1+111.3+107.8+107.9+107.3+106.7+106.7+106.9+106.0+106.0+106.2+109.4)/12 = 107.7

Example I2 = Avg from June 2009 through May 2010
(109.4+109.4+109.4+109.6+111.2+109.5+112.2+113.4+118.0+117.8+118.0+118.0))/12 = 113.0

Example Adjustment: [(113.0/107.7) x $2.34] = [1.05 x $2.34] = $2.46

* * * * * * * * * * * * *

(End of clause)


5552.223-9001 Health and Safety on Government Installations.
As prescribed in 5523-9001 insert the following clause in solicitations and contracts:

HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (APRIL 2007)

(End of Clause)


5552.237-9001 -- Requirements Affecting Contractor Personnel Performing Mission Essential Services
As prescribed in 5537.9001, insert the following clause in Section I:

REQUIREMENTS AFFECTING CONTRACTOR PERSONNEL PERFORMING MISSION ESSENTIAL SERVICES (FEB 2009)

(End of clause)


5552.242-9000 Common Access Cards (CACs) for Contractor Personnel.
As prescribed in 5542.490-2 insert a clause substantially the same as the following clause in solicitations and contracts:

COMMON ACCESS CARDS (CACs) FOR CONTRACTOR PERSONNEL (AUG 2008)

(End of clause)


5552.247-9000 Air Safety.
As prescribed in 5547.4-100(a) insert the following clause in solicitations and contracts:

AIR SAFETY (APRIL 2007)

(End of Clause)


5552.247-9001 Requirement for Authorization to Engage in Air Transportation
As prescribed in 5547.4-100(b)(1), insert the following clause in solicitations and contracts:

REQUIREMENT FOR AUTHORIZATION TO ENGAGE IN AIR TRANSPORTATION (AUG 2007)

(End of Clause)

ALTERNATE I (AUG 2007). As prescribed by 5547.4-100(b)(2), when using FAR Part 15 procedures and the air carriers hold a current Air Carrier Operating Certificate issued by the Federal Aviation Agency under a part other than Part 121 of the Federal Aviation Regulation, or a comparable foreign carrier operating certificate issued by a foreign government body, shall insert paragraph (a) to the basic clause.

(End of Clause)

ALTERNATE II (AUG 2007). As prescribed by 5547.4-100(b)(3), when using FAR Part 12 procedures, insert substantially the same paragraph (b) to the basic clause. When contracting with an air carrier modify subparagraph (a) of the clause as appropriate to identify the applicable certificate and issuing authority.

(End of Clause)


5552.247-9002 Contractor's Failure to Provide Service.
As prescribed in5547.4-100(c)(1) insert the following clause in solicitations and contracts:

CONTRACTOR’S FAILURE TO PROVIDE SERVICE (AUG 2008)

(End of Clause)

ALTERNATE I (APRIL 2007). As prescribed by 5547.4-100(c)(2),when using FAR Part 15 procedures for domestic charter airlift transportation, delete paragraphs (b) through (f) of the basic clause and substitute the following paragraph (b) to the basic clause.

(End of Clause)

ALTERNATE II (APRIL 2007). As prescribed by 5547.4-100(c)(3),when using FAR Part 12 procedures, delete paragraphs (a) through (f) of the basic clause and substitute the following paragraphs (a) and (b) to the basic clause.

(End of Clause)

ALTERNATE III (AUG 2008). As prescribed by 5547.4-100(c)(4),when using FAR Part 12 procedures, delete paragraphs (a) through (f) of the basic clause and substitute the following paragraphs (a) through (e) to the basic clause.

(End of Clause)


5552.247-9003, Requirement for Carriers to Participate in the Civil Reserve Air Fleet (CRAF) and Maintain Good Standing.

As prescribed in 5547.4-100(d) insert the following clause in commercial scheduled service solicitations and contracts or other solicitations and contracts approved by Director of Acquisition:

REQUIREMENT FOR CARRIERS TO PARTICIPATE IN THE CIVIL RESERVE AIR FLEET (CRAF) AND MAINTAIN GOOD STANDING (APRIL 2007)

This contract is conditioned upon the Contractor (if the contractor is a team arrangement, applies to each team member) being an approved Department of Defense approved carrier not in a suspended non-use status (carrier in good standing) participating in the Civil Reserve Air Fleet (CRAF) throughout the performance of this contract. The contractor shall be a U.S. registered air carrier operating under Federal Aviation Regulations, Part 121, and possessing a current certificate issued by the FAA pursuant to Federal Aviation Regulations, Part 121.

(End of Clause)

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