2023.07.14 Atch 1 Pituffik Airlift PWS.pdf

SOLICITATION #: HTC71123RC004

Attachment 1 – Performance Work Statement

DRAFT-PERFORMANCE WORK STATEMENT

Pituffik SB Air Transportation Services

14 July 2023

1.0. Description of Services. The contractor shall receive, store, process cargo and provide air transportation services for the U.S. Government in accordance with all the provisions and specifications of this contract.

1.1. Charter Service. The contractor shall provide round trip charter flights between Copenhagen, Denmark and Pituffik Space Base (SB), Greenland approximately every four weeks with a capacity of at least 150 passengers and 25,000 kilograms (kg) of cargo per flight. The contractor shall provide round trip charter flights between Kangerlussuaq, Greenland and Pituffik SB, Greenland two to four times a month with a capacity of at least 30 passengers and 100 kg of cargo per flight. The contractor will be authorized to recommend enroute stops upon mutual agreement between the contractor and the government. Support additional sites and relocations, as needed during the performance of this contract. There is potential for commercial air operations to cease at Kangerlussuaq Airport in Kangerlussuaq, Greenland at some time during the life of this contract. Commercial air operations at that point will likely shift to Nuuk International Airport in Nuuk, Greenland on a permanent basis. All contract services/requirements projected above for Kangerlussuaq will also shift to Nuuk. If and when this change takes place, the terms of this part of the contract will be renegotiated separately after contract award.

1.1.1. Specific dates and times of charter flights will be agreed upon by the representatives of the contractor and the Contracting Officer Representative (COR) Space Base Delta 1. Wednesday is the preferred day for round trip flights between Copenhagen Denmark and Pituffik SB. Monday or Thursday are the preferred days for round trip flights between Kangerlussuaq, Greenland and Pituffik SB. The U.S. Government, in cooperation with the contractor, will establish an annual flight schedule upon contract execution and the execution of an option, if exercised.

1.1.2. The contractor shall position for charter flights in sufficient time to allow for an on-time departure.

1.1.3. The contractor will be allowed a 20-minute window before and after departure time to meet or exceed take-off departure schedule. The contractor shall notify the COR promptly when flight changes or cancellations are pending.

1.1.4. If requirements change after the passenger and cargo information is given to the contractor, the COR may cancel or reschedule the flight. The COR may issue a notice of cancellation to cancel the mission within 48 hours of any scheduled charter flight prior to take-off. Rescheduling of the flight shall be by mutual agreement of the parties.

1.1.5. The COR or designated individuals will provide passenger manifest information to the contractor at least three calendar days prior to the mission departure date. Cargo information will be provided at least six calendar days prior to the mission departure date. The preferred method of this communication is via written means, however, where timely written communication is impossible, verbal communication is permitted but will be documented in writing within three calendar days.

1.1.6. Passenger Processing. (Reference paragraph 3.1. for those services below which will be provided by the government at the Pituffik SB location only. Government-furnished services shall not be included in the trip price.)

1.1.6.1. The contractor shall accomplish ticketing and manifesting of passengers. The contractor shall provide the COR a scheduled manifest two working days prior to the scheduled mission. The contractor shall provide the actual or confirmed manifest to the COR within one hour of mission departure. The actual or confirmed manifest can be provided via e-mail. The contractor shall include the passenger names on the flight as well as the names of passengers who did not board the aircraft. Base Maintenance Contractor personnel do not need to be shown in this listing.

1.1.6.3. The contractor shall provide baggage handling (weigh, tag, load and unload) services at all stations other than Pituffik SB. The contractor is responsible for accurate placement on the aircraft relative to weight and balance.

1.1.6.4. Each passenger shall be allowed 50 kgs of checked luggage (2 x 25 kg bags) between Copenhagen, Denmark and Pituffik SB, Greenland and 20 kgs of checked luggage between Kangerlussuaq, Greenland and Pituffik SB, Greenland. Hand/carry-on luggage shall be allowed per carrier standard. The contractor shall inspect passenger baggage if sufficient cause is present or safety of flight is at question.

1.1.6.5. Meals served on charter flights shall be equal to those served aboard aircraft in regularly scheduled commercial operations.

1.2. Scheduled Service. The contractor shall provide scheduled services (non-charter) for passenger and cargo movements on an ad-hoc basis. An estimated 700 passenger movements (one-way tickets) per year will be required between Copenhagen, Denmark and Kangerlussauq, Greenland. An estimated 8,000 kg of cargo per year will be required to be moved between Copenhagen, Denmark and Kangerlussuaq, Greenland.

1.2.1. Passenger Processing. Passengers shall be processed in accordance with the contractor’s commercial processes/procedures. Contractors are not required to maintain a certain number of open seats for government reservation, but rather, the government will be subject to the availability of seats within the contractor’s flight schedule.

1.3. Contractor Responsibility. (Charter and Scheduled Service)

1.3.1. Terminal Services/Cargo Processing. (Reference paragraph 3.1. for those services below which will be provided by the government at the Pituffik SB location only. Government-furnished services shall not be included in the trip price.)

1.3.1.1. The contractor shall receive cargo from vendors at the contractor’s storage facilities in Copenhagen, Denmark and Pituffik SB, Greenland for general cargo (dry cargo) and subsistence (chilled and frozen) items. Third-party vendors will deliver cargo to the contractor’s storage facility at least five calendar days preceding the scheduled flight. Fresh subsistence items (i.e. dairy) will arrive one day prior to flight. Chilled and frozen subsistence items shall be packed by the contractor in insulated containers at the contractor’s storage facilities.

1.3.1.2. The contractor shall store and ensure security for U.S. Government cargo at contractor’s storage facilities in Copenhagen, Denmark and Kangerlussuaq, Greenland. Storage facilities shall be inspected and approved by the U.S. Army Veterinary Office. Minimum storage capability shall be 25 square meters of covered dry storage and 100 square meters of cold storage space.

1.3.1.3. The contractor shall transport and protect cargo from the storage facility to the airport.

1.3.1.4. The contractor shall receive and process inbound cargo from Copenhagen, Denmark and Pituffik SB at locations other than Pituffik SB. The contractor shall obtain customs clearance and notify consignees of the arrival of the inbound cargo.

1.3.1.5. The contractor shall manifest and document all cargo airlift departing Copenhagen, Denmark, Pituffik SB, Greenland and any other transient airports. Copies of the manifest shall be delivered to the COR within three working days after completion of each flight.

1.3.2. The contractor shall conduct a 100% picture identification check of passengers for verification of the official manifest prior to passengers boarding the aircraft. The contractor shall not permit any unmanifested persons to board an aircraft unless authorized by the government and after receipt of an amended manifest.

Additionally, prior to boarding, the contractor will verify all passengers are in possession of a valid Pituffik SB identification card or a valid, signed letter granting permission to stay at Pituffik SB by the Ministry of Foreign Affairs of Denmark.

1.3.2.1. Only those personnel on official government business for the Department of Defense shall be permitted to stay at Pituffik SB, Greenland. Only contractor employees associated with the flight (i.e.

pilots, crew members, maintenance, etc) shall be permitted to stay at Pituffik SB, Greenland. Unauthorized passengers (non-manifested) arriving at Pituffik SB, Greenland (final destination), will be returned as soon as possible with all associated costs paid by the contractor.

1.3.3. Any contractor employee who is a US citizen must acquire an approved country clearance IAW the DoD Foreign Clearance Guide (FCG) in order to travel in Denmark or Greenland. Evidence of this clearance will be provided upon Contracting Officer or COR request and will be in the possession of the contractor employee.

1.3.4. Security practices at Pituffik SB, Greenland, Copenhagen, Denmark, and all transient locations shall be conducted prior to loading of aircraft and in accordance with all applicable Danish, Greenlandic, and U.S. Air Force procedures.

1.3.5. The contractor shall be responsible for the removal, from all sites, of all hazardous, unused and waste materials owned or generated by operation of contractor-owned aircraft. Examples of such materials include, but are not limited to, unserviceable aircraft components and parts, used engine fluids, and any used or unusable Petroleum, Oil, and Lubricants (POL) products.

1.3.6. The contractor is solely responsible for aircraft ground movements at all locations described herein and shall comply with all pertinent directives at any landing station. The contractor shall be liable for any damage or injury to the plane, hangar, or support personnel caused by any contractor-provided mechanism.

1.3.6.1. Passenger and crew boarding stairs/loading bridge jet-way entrance doors are not to be opened until stairs have been positioned as close to the aircraft entrance as possible without hindering the opening of the doors.

1.3.7. The contractor shall provide all customs clearance (government traffic only), medical clearance (passengers only), agricultural inspections (if required), and immigration clearance.

1.3.8. The contractor shall be responsible for the loss and/or damage to passenger baggage and personal equipment while such items are in the custody of the contractor or on board their aircraft. Liability for these items is limited to the actual value thereof, not to exceed 1000 Special Drawing Rights (SDRs) per passenger.

1.3.8.1. In the event it should be necessary to offload passengers at any location or station other than at the direction of the COR, the contractor shall be responsible for such offloading, passenger care, safeguarding of personal baggage from loss, theft and/or weather damage, reloading, and all costs incidental to such services until such time as the contractor moves or causes to be moved such passengers to their intended destination or to such other location as directed by the Contracting Officer. The COR will be notified immediately of any offloading.

1.3.9. Except when loss and/or damage arises out of causes beyond control and without the fault or negligence of the contractor, the contractor shall assume full liability for any and all government cargo/goods lost and/or damaged in the movement covered by this contract.

1.3.9.1. Unless directed differently by the COR, the contractor shall be responsible for all offloading of cargo due to an emergency. Cargo offload shall not remain at an unscheduled location in excess of 24 hours unless weather or other conditions beyond the contractor’s control make the operation of the aircraft and the movement of the cargo unsafe. The contractor shall safeguard and protect all cargo from loss, theft, or spoilage. The contractor shall notify the COR immediately of any offloading.

1.4. Flight Delays (Charter Service).

1.4.1. The contractor shall be responsible for all passengers after they have been manifested and accepted for boarding on the aircraft. In the event the contractor is unable to make a timely departure in accordance with the departure time agreed upon with the government, or offloads passengers short of their manifested destination, the contractor shall be responsible for the care of passengers.

1.4.2. In the event a flight is delayed or diverted because of weather or other uncontrollable factors, a minimum waiting period of four hours is required before a flight can be canceled. The final decision for flight cancellation due to weather rests with the aircraft commander.

1.4.2.1. In the event of delays through no fault of the contractor (i.e., weather or government-caused delays), the contractor will be reimbursed for food and lodging expenses of passengers and crew if required to remain overnight.

1.4.2.1.1. The contractor will be reimbursed per diem rates consistent with PL 99-234, Federal Civilian Employees and Contractor Travel Expenses Act of 1985, FAR 31.205-46(a)(2), and Federal Travel Regulations in effect at the time the travel is completed, during the performance period of this contract for each authorized overnight lodging. Copies of receipts are required to be furnished with invoices and shall identify passengers by name and employer.

1.4.2.2. Cancelled flights shall be rescheduled and operated within 24 hours or as mutually agreed between the contractor and the government.

1.4.3. Flight delays or diversions caused by such events as maintenance and crew problems are considered contractor controllable delays and shall be at the contractor’s expense.

1.5. Reimbursables.

1.5.1. Economic Price Adjustment (EPA) Based on Actual Cost of Fuel – Airlift. 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.

(a) EPA pursuant to this language is limited to changes in the contractor’s cost for fuel only.

(b) Allowable fuel adjustments will be made upward or downward only if the price of fuel varies by more than one cent per gallon from the following pegged rate for fuel:

FUEL TYPE PEGGED RATE (Base Price)

JP-8 $3.63

(1) When the average price per gallon paid by the contractor is greater than the established base price indicated above, the government will reimburse the contractor the difference between the price paid and the established base price.

(2) When the average price per gallon paid by the contractor is below the established base price indicated above, the contractor will reimburse the government the difference between the price paid and the established base price. Under these circumstances, the contracting officer will issue a demand letter and funds will be reimbursed as directed.

(c) Required reports for adjustments shall be received no later than 30 calendar days after the month ends. A sample report format labeled, “Monthly Fuel Report Summary” is provided as an attachment to the contract.

(d) The actual average cost per gallon under this EPA shall be rounded to four decimal positions (e.g., $2.6308).

(e) For the contracting officer to consider a request for adjustment, the contractor shall submit data that clearly supports the request for adjustment. At a minimum, the contractor shall submit: 1) total mileage flown in performance of the USTRANSCOM contract 2) fuel costs associated with that performance, and 3) associated financial data or receipts, if requested by the Contracting Officer.

(f) Fuel adjustments will be made using the CLIN titled Fuel EPA Reimbursable. The following steps will be taken to determine the adjustment:

(1) The contractor’s fuel burn rate, established in the List of Aircraft in the contract, is multiplied by the total mileage flown in performance of the contract. In the case of a substitute aircraft not listed in the schedule, the lower burn rate of the substitute aircraft or the aircraft normally used in performance of the contract shall be used.

(2) The product is then multiplied by the difference between the average price per gallon paid and the established base price in the contract (also known as the variance).

Example:

Miles flown in support of the USTRANSCOM contract = 23,654 Burn rate for aircraft type (in schedule) = 4.21 gallons per mile Base price of fuel established in the contract = $3.63 Actual average cost per gallon = $2.63

Calculation:

Miles * Burn Rate * EPA Price Variance = Adjustment

23,654 * 4.21 = 99,583.34* -$1.00 = -$99,583.34

Required reports for adjustments shall be sent to:

Mr. Nelsen Alequin 21st Logistics Readiness Squadron (21 LRS) Individual Email: nelsen.alequin@us.af.mil ORGBOX E-mail: 21lrs.lgrd.cargomovement@spaceforce.mil Phone: COMM: (719)-556-1749 ; DSN: 834-1749

A copy of the reports for adjustments shall be provided electronically to the Contracting Officer.

2.0. Services Delivery Summary. The Services Delivery Summary (SDS) performance objectives and their associated performance thresholds establish the baseline for the government’s surveillance program.

PERFORMANCE

OBJECTIVE

PWS

PARAGRAPH

PERFORMANCE

THRESHOLD

PO 1. Flights leave as scheduled/on time. 1.1.2 95% of the time

PO 2. Chilled and frozen subsistence items are packed in insulated containers at the contractor’s storage facilities.

1.3.1.1 No instances of non-conformance within contractor’s control

PO 3. All cargo airlift departing Copenhagen, Denmark, Pituffik SB, Greenland, or any other transient airports is manifested and documented timely. Copies of the manifest are delivered to the COR within three working days after completion of each flight.

1.3.1.5 No more than one late manifest

submission per month

PO 4. Ticketing and manifesting of passengers are accomplished timely.

COR is provided a scheduled manifest two working days prior to the scheduled mission. Actual or confirmed manifest is provided to the COR within 1 hour of mission departure.

1.1.6.1 No more than one late scheduled or confirmed manifest submission per month

PO 5. Passenger ticketing information is provided to the CO and COR no later than the 5th calendar day of each month for the previous month’s bookings.

1.1.6.2 No more than two late submissions

per year.

PO 6. Minimum insurance coverages are procured and maintained during the entire performance period of this contract

4.7 Insurance is maintained at all times

Provide timely cyber-incident reporting 6.0

No more than one late cyber-incident report or unreported cyber-incident in a twelve (12) month period.

3.0. Government Provided Services – Pituffik SBOnly

3.1. Services and Equipment. If required and available, hangar space will be provided at Pituffik SB during severe weather conditions. Any services provided after normal duty hours (Reference paragraph 4.3) will be charged to the contractor. The U.S. Government will provide the following services and equipment for all landings made at Pituffik SB at no cost to the contractor except as otherwise provided in this paragraph:

3.1.1. Transient alert and ramp services to include:

- Landing

- Follow-me vehicle

- Towing

- Parking

- Chocking and grounding of aircraft

- Positioning, connecting, operating, and repositioning of aircraft ground power units

- Fire guard for engine starts

- Positioning, connecting, operating and repositioning of engine start carts

- Positioning, operating, and repositioning of compressor for airing struts and tires

- Ramp sweeping

- Equipment, de-icing fluid and necessary operators will be furnished for wing de-icing at no cost. (In an emergency, into-plane service of hydraulic fluid, de-icing fluid and servicing of struts/tires will be provided by the government on a reimbursable basis. A technically qualified Contractor Representative will supervise emergency servicing to assure compliance with procedural requirements.)

- Maintenance stands when required for ground servicing operations

- To-plane fuel servicing

- Crew boarding stairs

3.1.2. Terminal and traffic services to include:

- Passenger processing

- Baggage handling (weight, tag, load and unload)

- Passenger boarding stairs

- Cargo receiving, processing, documentation, and positioning for loading

- Loading, tie down, and unloading. Loading will be in accordance with the load breakdown provided by the contractor.

- Cargo manifesting

- Flight line transportation for crews

- Position, operate, and deposition the ground air conditioning or heating units where available and required

- Aircraft cleaning services for the direct flight from Copenhagen, Denmark to Pituffik SB only; services exclude potable water and lavatory servicing

- Security inspection of passengers and their baggage (carry on as well as checked), conducted in accordance with Department of Defense (DoD) Instruction 4515.13, sections 3, 4 and 12 and Air Mobility Command Instruction (AMCI) 24-101V14, paragraphs 30 and 31.

3.1.3. Fire and crash rescue support.

3.1.4. Aircraft Air Traffic Control clearance issuance facilities.

3.1.5. Emergency medical services to contractor air crews and personnel on a reimbursable basis in accordance with AFH 41-114, Table 42.

3.2. Petroleum Products.

3.2.1. The contractor may purchase petroleum products at Pituffik SB at Defense Logistics Agency – Energy (DLA-Energy) standard price for use in performing contract services.

3.2.2. The contractor is required to adhere to the terms and condition of the DLA-Energy fuel purchase agreement (FPA). The DLA-Energy will provide a DoD Fuel Identaplate, DD1896, for each aircraft under contract which is to be used to purchase fuel at Pituffik SB, Greenland. DLA-Energy will invoice the contractor for the cost of the fuel. If the contractor fails to pay fuel debts owed to DLA-Energy, in accordance with the terms of the DLA-Energy FPA, USTRANSCOM reserves the right to apply an immediate right of offset or recoup the owed amount in payments due DLA-Energy.

3.2.3. The only jet fuel available for sale at Pituffik SB is JP-8.

3.3. DD Forms 2400, 2401 and 2402. The contractor shall maintain a current DD Form 2400 (Civil Aircraft Certification of Insurance), DD Form 2401 (Civil Aircraft Landing Permit), and DD Form 2402 (Civil Aircraft Hold Harmless Agreement). Forms will be submitted to the CO within three (3) working days prior to the start of the period of performance. Where possible, insurance shall correspond to the contract period of performance, however, at all times during the contract performance period, the contractor shall possess required insurance coverage. In those instances where that is not possible, contractors are responsible for providing updated forms three (3) working days prior to expiration of the landing permit.

Failure to provide updated documents within the time specified may result in a breach of this contract requirement. The forms may be accessed from the web addresses below:

http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2400.pdf http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2401.pdf http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2402.pdf

4.0. General Information

4.1. Post Award Conference. The contractor shall attend a post-award conference conducted by the CO/COR with functional experts in attendance. The conference may be held via teleconference or video telephone conference. The contractor shall be notified of the exact time, date and location of the conference at least two weeks prior to the scheduled conference date.

4.2. Contractor Point of Contact. Prior to contract start, the contractor shall furnish the CO/COR with the name, address, and telephone number of an agent who will serve as a liaison between the contractor and the CO/COR. The agent must have authority to schedule contract services. The agent shall be available by telephone 24 hours a day/7 days a week.

4.3. Pituffik SB Normal Operating Hours. Pituffik SB airfield normal operating hours are Monday through Friday from 0800 to 1600, Pituffik SB Local Time. USG Federal Holidays are observed and the airfield will be closed on those days.

4.4. Prohibited Activities. Illegal drugs or weapons are not allowed on Pituffik SB. Alcohol may not be brought in unless authorized by the appropriate base personnel. Smoking is allowed in designated areas only.

4.5. Safety and Financial Information. The contractor will comply with all Danish and Greenlandic civil aviation requirements.

4.6. Additional Standards. All aircraft operations shall be conducted under Federal Aviation Administration (FAA) Regulation Part 121 or 135, or Civil Aviation Authority (CAA) equivalent.

4.6.1. Aircraft operations shall be in compliance with Thule Air Base Instruction (THULEABI) 13-204, Airfield Operations Instruction, or subsequent versions.

4.6.2. Vehicle operations on the airfield shall be in compliance with THULEABI 13-213, Airfield Driving Instruction, or subsequent versions.

4.6.3. All operations shall be in compliance with the Final Governing Standards (FGS) for Environmental Protection by US Forces in Greenland and all Pituffik SB Environmental Plans.

4.7. Insurance. The contractor shall carry insurance coverage with an overall limit of at least $20,000,000 U.S. Dollars for each accident. (Charter and Scheduled Service)

4.7.1. Air Carrier Insurance Requirements. Prior to performance of any services hereunder, the contractor shall, at its own expense, procure and maintain through a financially and legally responsible insurance company or companies, minimum insurance coverage for Liability for Bodily Injury to or Death of Aircraft Passengers; Liability for Bodily Injury to or Death of Persons (excluding passengers); and Liability for Loss of or Damage to Property. Insurance coverage must be maintained during the entire performance period of this contract. Minimal insurance coverage requirements are listed below. These coverage amounts are stated in U.S. Dollars.

http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2400.pdf http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2401.pdf http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2402.pdf

4.7.1.1. Liability for Bodily Injury to or Death of Aircraft Passengers: A minimum for each person of at least three-hundred thousand ($300,000.00), and a minimum for each occurrence in any one aircraft of at least an amount equal to the sum produced by multiplying three-hundred thousand ($300,000.00) by seventy-five percent (75%) of the number of passenger seats.

4.7.1.2. Liability for Bodily Injury to or Death of Persons (excluding passengers): A minimum of at least three-hundred thousand dollars ($300,000.00) for each person in any one accident, and a limit of at least twenty million dollars ($20,000,000.00) for each accident.

4.7.1.3. Liability for Loss of or Damage to Property: A minimum of at least twenty million dollars ($20,000,000.00) for each accident.

4.7.1.4. If Combined Single Minimum Liability is used; the amount thereof shall be at least equal to the combined minimum prescribed above for the various categories of split limits coverage.

4.7.1.5. Liability payment insurance purchased pursuant to the requirements of this paragraph shall cover payment to the U.S. Government provided medical care to the extent that said insurance would cover payment of the cost of medical care in the absence of any U.S. Government obligation to provide medical care.

4.7.1.6. In the event of cancellation or material change in policy coverage, thirty calendar days prior written notice shall be given to the Contracting Officer.

4.8. Task Orders. The Contracting Officer will issue all task orders. After task orders are issued, flights will be scheduled at least 24 hours in advance by the COR. The contractor shall not initiate any action prior to perform any work under this contract that would exceed the amount of the task order.

4.9. Danish Aviation Ministry. Following the completion of any Civil Aviation Agency inspection, the contractor shall furnish copies of the inspection report to the COR.

4.10. Holidays. Flights will not operate into Pituffik SB on the following United States holidays. Flights in progress at midnight preceding the foregoing holidays shall not be affected.

- New Year’s Day, January 1st

- Martin Luther King Day, third Monday in January

- President’s Day, third Monday in February

- Memorial Day, last Monday in May

- Juneteenth National Independence Day, June 19th

- Independence Day, July 4th

- Labor Day, first Monday in September

- Columbus Day, second Monday in October

- Veterans Day, November 11th

- Thanksgiving Day, fourth Thursday in November

- Christmas Day, December 25th

4.11. Notice of Accidents/Incidents.

4.11.1. When a contractor’s aircraft is involved in an accident or incident, in support of this contract, the contractor will notify the COR and Contracting Officer. Accident information shall be provided within the next business day by the most expeditious means available. Accidents and incidents are defined in 49 CFR, Part 830. The following information will be required:

4.11.1.1. Carrier and trip number.

4.11.1.2. Aircraft type and number.

4.11.1.3. Date and time of accident/incident.

4.11.1.4. Last departure point and point of intended landing of the aircraft.

4.11.1.5. Nature of the accident and the extent of known damage to the aircraft.

4.11.1.6. Total number of crewmembers and passengers on board.

4.11.1.7. Number of injured and fatalities aboard the aircraft.

4.11.1.8. Condition of baggage or government-owned material, if any, on board.

4.11.2. Aircraft Medical Incidents. The contractor shall report all aircraft medical incidents in flight, or while passengers are under the control of the aircraft captain, to the first available COR or Contract Administrator at the next enroute station for in flight incidents, or the station when the incident occurs.

4.11.3. DoD Casualties. In cases where a death occurs on a contractor’s aircraft, the following information shall be furnished via telephone: Name, Social Security Number (SSN) and component of service identified as Army (USA), Air Force (USAF), Navy (USN), Marine Corps (USMC), Coast Guard (USCG). The following is a list of phone numbers for the armed services casualty offices:

US Army: (800) 325-4988 US Marines: (800) 847-1597 US Navy: (800) 368-3202 US Air Force: (800) 433-0048 US Coast Guard:

Atlantic Area Op’s Center, accidents east of the Mississippi, (757) 398-6390 Pacific Area Op’s Center, accidents west of the Mississippi, (510) 437-3701

An informational copy shall be emailed to USTRANSCOM/TCAQ-CL transcom.scott.tcaq.mbx.aq-cl@mail.mil and faxed to 618 AOC (TACC)/XOG (618) 229-7876 or Emergency Action Cell (618) 229- 0153.

4.12. Performance of Services During Crisis Declared by the President of the United States or the United States Secretary of Defense. In the event of a declared crisis the contractor is relieved from the requirements of this contract in coordination with the Contracting Officer.

4.13. Customs Clearance.

4.13.1. The contractor shall provide duty-free customs clearance for all shipments.

4.13.2. Customs clearance procedures and updates can be reviewed in the Defense Transportation Regulation (DTR) Part V, Department of Defense Customs/Border Clearance Policies and Procedures, which is available on the public web page at:

https:www.ustranscom.mil/dtr/dtrp5.cfm

4.13.3. In the event that a shipment is not duty free, the contractor shall process in the same manner provided for its commercial customers and shall properly itemize on all invoices for reimbursement.

4.13.4. The contractor shall serve as agent and appoint sub-agents, as may be necessary, to act directly or through such re-delegation, appointment, or designation to other customs brokers, persons or business concerns as it deems necessary for performance of customs clearance and shall provide all customs forms necessary for customs clearance.

https://www.ustranscom.mil/dtr/dtrp5.cfm

4.14. Quality Control Program. The contractor shall employ quality control activities in accordance with their commercial quality control program to ensure acceptable contract services are provided.

4.14.1. The contractor’s inspection instructions, auditing, and testing shall be kept current with contract requirements and shall encompass all aspects of the contract. The inspection instructions shall include the specific criteria for approval and rejection of services that will be used in each inspection or audit;

checklists may be used for this purpose.

4.14.2. The contractor’s inspection instructions shall be submitted to the Contracting Officer within 30 calendar days after contract award. An updated copy shall be provided to the Contracting Officer on the contract start date and thereafter as changes occur.

4.14.3. The contractor shall maintain records of all audits and inspections and make available to the government upon request. The quality assurance records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the nature of corrective action taken as appropriate.

4.15. Common Access Card. Foreign national contractor personnel will not be issued a Common Access Card (CAC) for this requirement.

5.0. Performance Schedule. As noted in paragraph 1.1.1, specific dates and times of charter flights will be agreed upon by the representatives of the contractor and the COR (821 LRS). The U.S. Government in cooperation with the contractor will establish an annual flight schedule upon contract execution and the execution of an option, if exercised.

6.0. CYBERSECURITY

6.1. Operationally Critical Support

The services designated under this contract are “operationally critical support” as defined in DFARS 252.204-7012.

6.2. Cybersecurity Incident Reporting

6.2.1. In addition to the DFARS 252.204-7012 reporting requirements for unclassified systems and DoD Manual (DoDM) 5220.22, National Industrial Security Program Operating Manual (NISPOM) for classified systems, reportable cyber-incidents include, but are not limited to, the following:

6.2.1.1. Cyber-incidents as defined in Table 1.

6.2.1.2. Notifications by a federal, state, or local law enforcement agency or cyber-center (i.e., National Cyber Investigative Joint Task Force (NCIJTF), National Cybersecurity & Communications Integration Center (NCCIC)) of being a victim of a successful or unsuccessful cyber-event, anomaly, incident, insider threat, breach, intrusion, or exfiltration.

Table 1.

Incident Category Description

Root Level Intrusion Unauthorized privileged access to an IS. Privileged access, often referred to as administrative or root access, provides unrestricted access to the IS. This category includes unauthorized access to information or unauthorized access to account credentials that could be used to perform administrative functions (e.g., domain administrator). If the IS is compromised with malicious code that provides remote interactive control, it will be reported in this category.

User Level Intrusion Unauthorized non-privileged access to an IS. Non-privileged access, often referred to as user level access, provides restricted access to the IS based on the privileges granted to the user. This includes unauthorized access to information or unauthorized access to account credentials that could be used to perform user functions such as accessing Web applications, Web portals, or other similar information resources. If the IS is compromised with malicious code that provides remote interactive control, it will be reported in this category.

Denial of Service Denial of Service (Incident)—Activity that denies, degrades, or disrupts normal functionality of an IS or DoD information network.

Malicious Logic Installation of software designed and/or deployed by adversaries with malicious intentions for the purpose of gaining access to resources or information without the consent or knowledge of the user. This only includes malicious code that does not provide remote interactive control of the compromised IS. Malicious code that has allowed interactive access should be categorized as Root or User Level Intrusion incidents. Interactive active access may include automated tools that establish an open channel of communications to and/or from an IS.

Ransomware Malware designed to encrypt files on a device, rendering any files and the systems that rely on them unusable. Malicious actors then demand ransom in exchange for decryption. Ransomware actors often target and threaten to sell or leak exfiltrated data or authentication information if the ransom is not paid.

Ransomware is a reportable incident that may be associated with multiple incident categories depending on the attack vector and execution.

6.2.2. If the cyber-incident affects a classified system, vulnerabilities associated with the incident will be classified per the current version of USTRANSCOM Instruction 31-02, Security Classification Guide.

6.3. Cybersecurity Incident Reporting Timelines

In addition to providing the notification required by DFARS 252.204-7012, the contractor is required to notify USTRANSCOM as soon as practical, but no later than 72 hours after discovering a reportable cyber-incident. The reporting timeline begins when the incident is discovered or reported to the company, its employees, contractors, or cybersecurity firm responsible for providing cybersecurity and response for the company. The contractor shall contact the USTRANSCOM Cyber Operations Center (CyOC) via phone at 618-817-4222. If the contractor does not immediately reach the CyOC via phone, the contractor shall send an email notification to transcom.scott.tcj6.mbx.cyoc-dodin-operations@mail.mil.

6.4. Mandatory Reporting Data

6.4.1. The contractor shall work with the USTRANSCOM CyOC through resolution of the incident.

Within 72 hours of becoming aware of a reportable cyber-incident, the contractor shall provide an initial notification of the incident, even if some details are not yet available, which includes, but is not limited to, the following information:

(a) Company Name

(b) Who will be the POC with contact information

(c) Contracting Officer POC (name, telephone, email)

(d) Overall Assessment –Description of incident, data at risk, mitigations applied

(e) Indicators of compromise

(f) Vector of attack (if known)

(g) Estimated time of attack (if known) mailto:transcom.scott.tcj6.mbx.cyoc-dodin-operations@mail.mil

6.4.2. The contractor shall provide a follow-on cyber-incident report to the USTRANSCOM CyOC within 5 days of becoming aware of a reportable cyber-incident, which includes, but is not limited to, the following information:

(a) Contractor unique Commercial and Government Entity (CAGE) code

(b) Contract numbers affected

(c) Facility CAGE code where the incident occurred if different than the prime Contractor location

(d) POC if different than the POC recorded in the System for Award Management (name, address, position, telephone, email)

(e) Contracting Officer POC (name, telephone, email)

(f) Contract clearance level

(g) DoD programs, platforms, systems, or information involved

(h) Location(s) of compromise

(i) Date incident discovered

(j) Type of compromise (e.g., unauthorized access, inadvertent release, other)

(k) Description of technical information compromised

(l) Any additional information relevant to the information compromise

6.5. Incident Reporting Coordination

6.5.1. In the event of a cyber-incident, USTRANSCOM may conduct an on-site review of network or information systems where DoD information is resident on or transiting to assist the contractor in evaluating the extent of the incident and to share information in an effort to minimize the impact to both parties. Date and time of on-site visits will be mutually agreed upon by USTRANSCOM and the contractor in advance.

6.5.2. The contractor agrees to allow follow-on actions by the Government (e.g., USTRANSCOM, Federal Bureau of Investigation, Department of Homeland Security, DC3, etc.) to further characterize and evaluate the suspect activity. The contractor acknowledges that damage assessments might be necessary to ascertain an incident methodology and identify systems compromised as a result of the incident. Once an incident is identified, the contractor agrees to take all reasonable and appropriate steps to preserve any and all evidence, information, data, logs, electronic files and similar type information (reference NIST Special Publication 800-61, Computer Security Incident Handling Guide, (current version)) related to the incident for subsequent forensic analysis so that an accurate and complete damage assessment can be accomplished by the Government.

6.5.3. The contractor is not required to maintain an organic forensic capability, but must ensure data is preserved (e.g., remove an affected system, while still powered on, from the network) and all actions documented until forensic analysis can be performed by the Government or, if the Government is unable to conduct the forensic analysis, a mutually agreed upon third party (e.g., Federally Funded Research and Development Center (FFRDC), commercial security contractor, etc.). Any follow-on actions shall be coordinated with the contractor via the Contracting Officer.

6.5.4. The contractor agrees to indemnify and hold the government harmless for following any recommendations to remedy or mitigate the cyber-incident following the actions under 1.5.1. and 1.5.2.

6.6. Confidentiality and Non-Attribution Statement

The Government may use and disclose reported information as authorized by law and will only provide attribution information on a need-to-know basis to authorized persons for cybersecurity and related purposes (e.g., in support of forensic analysis, incident response, compromise or damage assessments, law enforcement, counterintelligence, threat reporting, and trend analysis). The Government may share threat information with other USTRANSCOM industry partners without attributing or identifying the affected contractor.

Reference documents:

- Executive Order (E.O.) 13691 of February 13, 2015. Promoting Private Sector Cybersecurity Information Sharing

- NIST Special Publication 800-61 Computer Security Incident Handling Guide

- USTRANSCOM Instruction 31-02 Security Classification Guide

6.7. Cyber Security Assessments and Mitigation Plans

6.7.1 Compliance Self Attestation

The contractor shall provide a Self-Assessment of its compliance with NIST SP 800-171 and present a Plan of Action that identifies any deviations, non-compliance, or proposed alternative means of compliance as well as plans for correcting non-compliant requirements to the contracting officer within 60 days of contract award and then annually thereafter on 1 September each year. The Self-Assessment and Plan of Action shall address all the requirements in NIST SP 800-171. Table 2 provides modified requirements of CUI/CDI specific controls from NIST SP 800-171 that will be used to evaluate compliance in a non- CUI/CDI environment. Additionally, at any time during the period of performance, when a contractor determines it is non-compliant with a NIST SP 800-171 requirement or an approved alternate means of compliance resulting in a High or Moderate Potential Impact as deemed in Federal Information Processing Standards Publication (FIPS PUB) 199, "Standards for Security Categorization of Federal Information and Information Systems," the contractor shall submit a Plan of Action within 15 days of the determination of non-compliance.

6.7.2 Plans of Actions

Plans of actions and Milestones including any requests to vary from NIST SP 800-171 shall be submitted to the contracting officer for consideration and approval by USTRANSCOM. The Contractor need not implement any security requirement determined by USTRANSCOM to be non-applicable or to have an equally effective alternative security measure implemented in its place. The Plan of Action shall follow the template provided. Alternate formats for the Plan of Action may be proposed and must be approved by

USTRANSCOM.

6.7.3 Site Visits

USTRANSCOM may conduct an on-site visit to a contractor's facility or request a third-party assessment (U.S. Government agency or U.S. Government funded commercial entity) to review progress towards meeting their Plan of Action, evaluate any proposed variances to NIST SP 800-171 requirements, and to assess residual risk to the DTI resulting from the non-compliance. Date and time of on-site visits will be mutually agreed-upon by USTRANSCOM and the contractor in advance.

6.7.4 Modified NIST SP 800-171 Requirements regarding CUI/DTI

Table 2 – Modified NIST SP 800-171 Requirements 1.

Req # NIST SP 800-171 Requirement USTRANSCOM Modified Requirement

3.1.3 Control the flow of CUI in accordance with

approved authorizations.

Limit the flow of DoD information to organizations or individuals necessary for the performance of the operationally critical requirements of this contract.

3.1.9 Provide privacy and security notices consistent

with applicable CUI rules.

Provide privacy and security notices consistent with U.S.

Government and/or local governmental regulations.

3.1.19 Encrypt CUI on mobile devices and mobile

computing platforms.

Provide adequate technical protections on mobile devices and computing platforms that process and/or store contractual information.

3.1.22 Control CUI posted or processed on publicly

accessible systems.

Control DoD information posted or processed on publicly accessible systems.

3.7.3 Ensure equipment removed for off-site

maintenance is sanitized of any CUI.

Ensure equipment removed for off-site maintenance is sanitized of DoD information.

3.8.1 Protect (i.e., physically control and securely

store) system media containing CUI, both paper and digital.

Protect (i.e., physically control and securely store) system media containing DoD information, both paper and digital.

3.8.2 Limit access to CUI on system media to

authorized users.

Limit access to DoD information on system media to authorized users.

3.8.3 Sanitize or destroy system media containing CUI

before disposal or release for reuse.

Sanitize or destroy system media containing DoD information before disposal or release for reuse.

3.8.4 Mark media with necessary CUI markings and

distribution limitations.

Mark media with privacy and security notices consistent with U.S. Government and/or local government regulations.

3.8.5 Control access to media containing CUI and

maintain accountability for media during transport outside of controlled areas.

Control access to and maintain accountability for media containing DoD information.

3.8.9 Protect the confidentiality of backup CUI at

storage locations.

Provide information backup procedures (frequency, timeframe for storage, etc.) for DoD data located on contractor systems. Protect the confidentiality of backup materials containing DoD information.

3.9.1 Screen individuals prior to authorizing access to

organizational systems containing CUI.

Screen individuals prior to authorizing access to organizational systems containing DoD information.

3.9.2 Ensure that CUI and organizational systems

containing CUI are protected during and after personnel actions such as terminations and transfers.

Ensure that DoD information and organizational systems containing DoD information are protected during and after personnel actions such as terminations and transfers.

3.10.6 Enforce safeguarding measures for CUI at

alternate work sites (e.g., telework sites).

Enforce safeguarding measures for DoD Information at alternate work sites (e.g., telework sites).

3.11.1 Periodically assess the risk to organizational

operations (including mission, functions, image, or reputation), organizational assets, and individuals, resulting from the operation of organizational systems and the associated processing, storage, or transmission of CUI.

Periodically assess the risk to organizational operations (including mission, functions, image, or reputation), organizational assets, and individuals, resulting from the operation of organizational systems and the associated processing, storage, or transmission of DoD information.

3.13.8 Implement cryptographic mechanisms to prevent

unauthorized disclosure of CUI during transmission unless otherwise protected by alternative physical safeguards.

Implement cryptographic mechanisms to prevent unauthorized disclosure of DoD information during transmission when possible unless otherwise protected by alternate physical safeguards.

3.13.11 Employ FIPS-validated cryptography when used

to protect the confidentiality of CUI.

Employ FIPS-validated cryptography when used to protect the confidentiality of DoD information within the organization’s systems and when possible, when transmitting to external entities.

3.13.16 Protect the confidentiality of CUI at rest. Protect the confidentiality of DoD information at rest.