70FA3018R00000012_Attachment_2_RCTSD_Performance_Work_Statement_5-29-18.pdf

RCTSD PWS

DEPARTMENT OF HOMELAND SECURITY (DHS)

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

PERFORMANCE WORK STATEMENT (PWS)

FOR

Resource and Capability Transportation Support during Disasters (RCTSD)

U.S. Virgin Islands & Puerto Rico

May 29, 2018

1.0 GENERAL

1.1 BACKGROUND

The Federal Emergency Management Agency (FEMA) has the responsibility of supporting the disaster response and recovery efforts for the severely impacted United States territories of Puerto Rico (PR) and the U.S. Virgin Islands (USVI). Hurricanes Irma & Maria have brought unprecedented damages, therefore amplifying the response and recovery effort challenges that affected FEMA’s response to survivors located throughout the islands, specifically to those secluded areas like the mountain and inland regions. Accessibility issues due to damaged transportation infrastructure has survivors waiting longer periods of time to receive life sustaining supplies.

A major part of the response and recovery effort revolves around supplying the affected area with Initial Response Resources (IRR). These include life supporting and life sustaining IRRs such as but not limited to water, meals, cots, tarps, plastic sheeting, blankets, sandbags, generators, and fuel which are needed to lessen damage before or after a disaster. FEMA lacks readiness on these islands due to the deficiency of an IRR footprint, unavailable warehousing space and minimum full time FEMA/CORE personnel in the USVI & PR to support the magnitude of this response. Additionally, FEMA needs to move Inter-agency resources and support functions into the affected areas in order to support critical needs such as infrastructure, electricity and sewage repairs; provide medical requirements and services; and bring basic human needs like water and meals to those in need.

1.2 OBJECTIVE

The objective of this PWS is to establish a Single Award, Indefinite Delivery, Indefinite Quantity (IDIQ) contract vehicle that provide all-inclusive transportation and shipping services from a CONUS point of origin to an OCONUS point of need. Task Order award and execution will be driven by the response to the disaster and particular needs. FEMA has determined that a full suite of transportation services such as air, maritime, and ground transportation (including point of origin at both air/sea ports to destination) is key to fulfill the requirement. In addition, cross-docking, warehousing services, essential equipment, and all necessary labor to fulfill such transportation services, are needed to successfully complete FEMA’s mission. This includes but is not limited to:

20, 40 and/or 53 foot containers, trailer chassis, specialized trailers (e.g. flatbeds, lowboys, refrigerated);

container/material handling equipment;

specialized trucks (e.g. box trucks, 20 ft. pups and lift gates);

drayage services and a robust cross docking operations;

continuous sailing/shipping without interruption, with the exception of U.S. Coast Guard restrictions or the ship’s captain, on vessels due to hazardous weather;

operations for 24-hours a day, 7-days a week with all necessary Contractor labor and supervision; and asset tracking and management from time of possession to time of delivery at destination.

These services and resources are required to facilitate movement of various containerized commodities/breakbulk cargo from the Continental United States to various ports in PR and the USVI, and designated distribution points on the islands.

1.3 SCOPE

The scope of this PWS encompasses contractor support to provide all personnel, containers, equipment, facilities, and transportation to perform Port Operations and Transportation Services from CONUS ports to the PR (to include Mona, Culebra, and Vieques) and USVI .

Coordination, accountability, and supervision of these services by the contractor are essential to ensure success of the operation.

1.3.1 Period of Performance: The period of performance (ordering period) for the resulting IDIQ is 12 months.

1.3.2 Place of Performance and Historical Location Information: FEMA loading/ discharging (receiving) locations are provided as historical information. The following list does not represent all loading/ discharging points, and may change contingent on disaster locationand FEMA needs. Based on knowledge of the requirement and timeline, the Contractor is encouraged to recommend alternate locations to better support the mission. Specific CONUS port locations will be specified in task orders when applicable, and categorized as either Mid Atlantic, South Atlantic, or Gulf Coast. Other locations may be added to the list below, but will be categorized as one of those three. Some likely ports are:

Joint Base McGuire-Dix-Lakehurst, NJ (Mid Atlantic) Fort Lauderdale, FL (South Atlantic) Jacksonville, FL (South Atlantic) Charleston, SC (Mid Atlantic) Port Canaveral, FL (South Atlantic) Port Everglades, FL (South Atlantic) Norfolk/Portsmouth, VA (Mid Atlantic) Houston, TX (Gulf Coast) Puerto Rico U.S. Virgin Islands

1.3.3 Hours of Operation. All contractor personnel are expected to be available and engaged in the response operations on a 24hr/7 day per week basis as set forth in the task order during response operations or as the situation dictates. Vessel operations must be continuous (without disruption) and shall operate on a continuous basis unless the United States Coast Guard (USCG) prohibits sailing due to severe hazardous conditions or other safety considerations. There cannot be any breaks in service due to lack of contractor personnel or contractor furnished equipment, resources and supplies.

1.3.4 Jones Act Compliance. In performing the work under this contract and task orders, the Contractor shall comply with the Section 27 of the Merchant Marine Act, 46 U.S.C. § 55102.

1.4 SAFETY

1.4.1 Regulatory Compliance. In performing the work under this contract and task orders, the Contractor shall abide by and comply, with applicable statutes, ordinances, laws, codes and regulations such as, but not limited to, Safety, Environmental, Labor, Hour and Wage, Workers Compensation and Occupational Health. The Contractor shall, without additional expense to the Government, be responsible for obtaining any and all required licenses, permits and the like, required for the performance of this contract.

1.4.2. Safety and Health of Personnel. The Contractor is responsible for ensuring that proper safety and health precautions are taken to protect personnel, the general public, and property of others. All services shall be performed by individuals fully qualified and licensed in their relevant area. The Contractor will ensure that subcontractors comply with these requirements.

1.4.3 Damage and Loss Reports. During operation under this contract, in all instances where cargo, Contractor’s equipment, or private or Government property is damaged, lost, or pilfered while in the care, custody, or possession of the Contractor or through handling by the Contractor’s employees, agents, or subcontractors, the Contractor shall submit a full written report of the facts and the extent of such damage or loss to the Contracting Officer's Representative within 24 hours following the occurrence or discovery.

1.5 QUALITY OF PERFORMANCE

The Contractor shall ensure that the highest standard of quality is established and maintained in the performance of the contract and tas orders through a quality control plan. The Government will measure and conduct surveillance of the contractor’s performance to document and recognize instances of superior contractor performance, and to identify areas falling short of required performance standards early so that the Contractor and the Government may work together to identify causes and eliminate problems before they become serious. The Government’s Performance Measures and the Contractor’s Quality Control (QC) program requirements are described below.

1.5.1 Contractor Quality Control, Reporting and Records

1.5.1.1 Quality Control Plan. The Contractor shall establish and maintain a Quality Control

Plan (QCP) to ensure quality service is provided throughout the terms of the contract.

The Contractor shall submit an acceptable QCP within five business days of award.

The QCP shall be reviewed and updated when deemed necessary by the Contractor or the Government, to include changes necessary to prevent the recurrence of quality problems. The Contractor must sign and date the original QCP, as well as each subsequent revision. Revisions shall also be presented to the COR for review and acceptance prior to implementation. When acceptable to the Government, the original QCP, and any revisions, shall be signed and dated by the COR. The QCP should include as a minimum how the Contractor intends to meet the performance objectives and identify those areas the Contractor sees as critical to the customers for this contract, how it will monitor quality performance in those areas, and how it will maintain or exceed customer expectations, including identification and correction of problems.

1.5.1.2 Problem/Failure. The Contractor shall self-identify any problem or failure that may impact contract performance. In accordance with its QCP, the contractor should notify the COR immediately of the problem, but follow-up in writing within two (2) business days to the COR succinct written plan of action of Contractor self-identification or awareness of a potential or real problem, failure or deficiency. The Contractor shall detail the methodology for correcting the problem or deficiency in the plan of action, and provide an assurance of the specific time required to bring performance back to acceptable quality levels, as applicable.

1.5.1.3 Use of Quality Performance Information. Information from these reports will be compiled cumulatively to provide annual reports of past performance for use in past performance evaluations.

1.5.1.4 Government Quality Assurance. Final determination that the services rendered are conforming is solely the responsibility of the Government. The Government Quality Surveillance Plan is not a substitute for Contractor quality control.

1.5.1.5 Critical Performance Requirements. The Government will monitor the Contractor’s performance using predetermined quality assurance procedures and through the Government Performance Requirement Summary (PRS), Section 10.0, which will be used in this program and which also describes the contract requirements considered most critical to performance.

1.5.1.6 Performance Measurement Approaches. The CO and the COR will monitor Contractor performance and compliance with the terms and the conditions of the contract using the PRS and such standard techniques as inspections, Government generated management reports, Contractor reports and Customer feedback. The COR, in conjunction with the CO, may conduct periodic meetings with the Contractor to discuss operations, and problem areas.

1.6. INSURANCE REQUIREMENTS

1.6.1. Cargo Insurance. The Contractor shall provide cargo insurance, at its own expense, as required by law, at least equal to the value of the cargo transported. Value will be identified at Task Order Level.

1.6.2. Liability, Pollution and Environmental Insurance. Contractor shall provide at its own expense, the appropriate amount of insurance as required by law.

2.0 CONTRACTOR TASKS AND DUTIES

2.1 Start/Ramp-Up: The Contractor shall execute a ramp-up to be fully functional within 48 hours of the start date of this contract in order to ensure minimum disruption to Government business. The Contractor shall have the capacity to cross-dock 100 containers within 24-hours of award, and reach and sustain an average of 300 containers daily (approximately 100 at each of the current locations of Jacksonville, FL; Blount Island, FL (Jacksonville, FL area); and Port Everglades (Ft Lauderdale/Miami)). The Contractor is responsible for providing all containers to support movement requirements. A draft Ramp-Up Plan shall subsequently be presented at the Post-Award Conference for Government review and comment. The final Ramp-Up Plan shall be submitted within five business days after the Post-Award Conference.

2.2 Continuous Service: The contractor shall have resources, equipment, and personnel available to perform the services outlined in the PWS and comply with the terms and conditions of the contract, 24 hours, seven days a week. The Contractor must have the capability within their network to meet the demand and respond to the movement of approximately 4,000 containers, on monthly basis; with sufficient number of chassis for to support the continuous service required and meet the minimum expected level of effort defined herein. The contractor shall also have the capacity for the movement of vehicles, utility poles and other assets not containerized.

2.3 Maritime and Ground Transportation Service Operations: The Contractor shall provide cross dock/freight forwarding service operations (sea conveyance) of FEMA life-saving resources, FEMA Equipment, Supplies from FEMA’s Federal Response partners, from CONUS locations and deliver to sites specified in the task orders, designated by FEMA.

2.3.1 The Contractor shall containerize FEMA-delivered supplies into 20, 40 or 53 foot shipping containers, or a combination thereof, and provide the necessary chassis/flatbed trailers to move the containers to the port for loading. This will include equipment such as vehicles that cannot be containerized. FEMA will inspect the containers contents, provide a Bill of Lading (BOL), seal the container, and affix a FEMA approved transponder (after any cross-docking has occurred).

The transponder will allow for in-transit visibility while the containers are shipped via a maritime vessel. Contractor will also plan for a staging area, reception, material handling, and loading of breakbulk cargo to include pallets, wire reels, poles, etc. as well as vehicles and other rolling stock. Prior to loading, the contractor will provide a detailed yard report of containers, breakbulk, and rolling stock under their control in the sea port of embarkation (SPOE). To ensure visibility of cargo, within twenty-four (24) hours of vessel departure, the Contractor must provide FEMA with freight details. This can be accomplished by either inputting them into FEMA’s system of record Logistic Supply Chain Management System (LSCMS) via the Vendor Portal, or by completing an ASN Spreadsheet detailing the information, and thereafter submitted to FEMA. If the ASN Upload Spreadsheet is utilized, the information below is required. The information below is not all inclusive, additional details may be requested.

Distribution Order (DO) = (FEMA will provide) Trailer Number = If not a physical 53’ trailer, the container number will be inserted here Origin Facility = The site code or location from where the items originate Destination = The site code or location of shipped item’s destination Estimated Delivery Date/Time = Formatted: MM/DD/YYYY 24:00 (Destination Facility

Time Zone) Item Name = Refer to DO Shipped Quantity (Units) = Units (for water, one unit = one liter

See Attachments 5 and 6 for reference:

Attachment 5: ASN Upload Spreadsheet Basic Attachment 6: ASN Upload Spreadsheet Full

In order to access LSCMS via the vendor portal, the contractor will need to pass Vendor Portal Training or Logistics Carrier Gateway Training. Until that access is granted, providing the information via spreadsheet is acceptable. A third option, involving Electronic Data Interchange (EDI) between systems may also become available during the course of performance. The most important takeaway is that FEMA must receive this information no later than 24 hours after vessel departure, as visibility of cargo/contents is a top priority.

2.3.2 The Contractor shall load and ship the containers by ship or barge and expedite the loaded containers, via ocean vessel to various ports in the USVI or PR, FOB Destination. The Contractor is fully responsible for coordinating loading their vessel and must provide all container handling equipment (CHE)/ material handling equipment (MHE). The Contractor must provide a detailed manifest with specificity of the type resource moving on a specific container.

The Contractor in coordination with FEMA will reconcile the manifest with FEMA’s system of record for accuracy of resource movement no later than 24 hours after departure and repeat the procedure 24 hours at the receiving port.

2.3.3 The Contractor shall inform FEMA within 24 hours of arrival at the SPOE and provide the manifest of inbound containers/equipment. The Contractor is responsible for providing the required documentation to clear the containers for onward movement to the destination. FEMA is responsible for providing the Contractor the priority of movements to the destination. Any FEMA containers/equipment remaining at the port will be consolidated and marked to identify the type of resource(s). If is determined that the container cannot be received at the destination due to space or other constraints, the Contractor is responsible for locating a secure covered warehousing for storage at multiple locations, with appropriate MHE/CHE for unloading of containers. Currently, FEMA’s requirement is approximately 500,000 Sq. Ft (per facility) at multiple CONUS and OCONUS facilities.

2.3.4 The Contractor is responsible for movement of containers/equipment to destination and have MHE/CHE to discharge containers from chassis. The Contractor will maintain on site at the destination a capability (approximately 10 chassis/flatbeds) to move containers a forward location. Once delivered, FEMA will inspect and provide written acceptance (proof of delivery or “POD”) for each container by serial number at the port (“destination”). Once FEMA takes possession of the loaded containers, the contractor shall provide the first ten days of trailer detention at no cost to the United States Government, (USG). Once the resources are removed from each container and FEMA is no longer in need of the containers the contractor will be notified and will have 24 hours to take possession of each emptied container. Detention will stop once FEMA informs the Contractor that containers are ready for recovery.

2.3.5 FEMA may direct specific containers to be delivered to certain towns inland by the Contractor. The Contractor shall have dedicated trucks (to include specialized trailers) for the movement of the cargo. This additional transportation destination will be submitted to The Contractor in writing. Due to the devastated conditions on the islands, numerous roads are blocked and destroyed. When conditions exist that hamper the delivery of containers, the Contractor will make best efforts to distribute containers as directed but assume no responsibility for delivered condition of resources.

2.4 Air Transportation Service Operations: Requirements that indicate time sensitive deliveries (48-72 hours from notification) will use air as the preferred method of movement, in order to meet deadlines. To accomplish this, the Contractor must possesses an adequately owned and/or directly leased controlled infrastructure, transportation resource fleet, personnel, MHE, and/or CHE, as well as information technology capability to efficiently transload, transport, manage, track, communicate and process various levels of supplies/resources from a point of origin into the “affected area” or destination. The Contractor is responsible for the palletizing freight for movement to destination. The Contractor will provide FEMA within 2 hours after departure the specifics of type freight and quantity for visibility.

2.5. Task Order Delivery Requirement: Notification and activation must be initiated 24 hours post task order issuance to deliver the resources to the impacted areas. The contractor must guarantee availability of an ocean vessel (to include a self-containing vessel) on a 24/7 basis through-out the lifecycle of the task order and must guarantee continuous voyages until vessel movement is no longer allowed by law of the United States Coast Guard (USCG) to sail due to dangerous weather conditions, or the ship’s captain prohibits it. The FEMA Contracting Officer and / or FEMA COR will provide guidance regarding the continuous voyage termination due to hazardous weather conditions based on information received from the Regional Response Coordination Center and National Response Coordination Center USCG Liaison(s).

2.5.1 Task Order Service Status Report

For each task order issued under this contract, a BOL will be issued to the contractor. The contractor shall prepare a Task Order Service Status Report providing empty container arrival, recovery date/time, vessel scheduled load, vessel departure time, destination port arrival, offload schedule, delivery date/time to destination address. Additionally, and in the case of air transportation, the Contractor will inform FEMA of flight schedule with type aircraft, call sign, tail number, departure time and estimated/actual arrival time at port of debarkation and detailed cargo type and description. Contractor should be prepared to coordinate aircraft download, airfield clearance, and movement to final destination.

The contractor shall submit the report in both hard copy and electronic form, Microsoft Word to the COR in the time specified by the contract/order. Based on the approved BOL, Task Order Delivery Report, the COR will provide approval to move forward on all activities planned. The contractor shall request a BOL or BOL Correction prior to performing any activities not included in the plan or any modifications that differ from the BOL/Task Order.

2.5.2 Task Order Delivery Report

The contractor must provide an interim and final status for each task order report, to the COR, once a task order is executed. The report must summarize objectives achieved, significant issues, problems and recommendations to improve the process in the future. This report will include, but not be limited to the following:

Copies of all shipping reports Copies of BOL Damage Reports (if applicable complete with photographs) Shipping Invoices

Final inspection and acceptance of all work performed; reports and other deliverables must be approved by the COR.

2.6 Travel

Contractor travel may be required to complete task required under the task order. All travel required by the Government outside the local commuting area(s) will be reimbursed to the Contractor in accordance with the Joint GSA Federal Travel Regulations. The Contractor shall be responsible for obtaining CO/COR pre-approval (electronic mail is acceptable) for all reimbursable travel in advance of each travel event.

3.0 CONTRACTOR PERSONNEL

3.1 QUALIFIED Personnel

The Contractor shall provide qualified personnel to perform all requirements specified in this

PWS.

The contractor must have in-depth knowledge and a high level of demonstrable expertise in the particular requirements necessary to successfully ship resources throughout the via ocean going vessel, pre-incident (pre-hurricane landfall), as well as post-incident sustainment shipping as needed based on type of incident (post-hurricane landfall, post-earthquake, post-tsunami, etc.).

The contractor must demonstrate that both the organization and proposed key personnel can successfully complete the efforts under this acquisition (demonstrable experience shipping in the Caribbean area of operations; demonstrable experience working with local, territory, commonwealth and federal governments; demonstrable experience in rapid recovery of contractor operations pre and post incident (hurricanes, earthquakes, tsunami etc.).

The Government reserves the right to assess the technical skills, competencies, and suitability of contractor personnel and to request personnel replacements in writing if the individual’s qualifications or performance are judged deficient.

3.1.1 Contractor Management of Qualified Personnel

The Contractor shall be responsible for managing and overseeing the activities of all contractor personnel, as well as subcontractor efforts used in performance of this contract along with providing qualified personnel to meet both surge and disaster requirements. The contractor's management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support performed in accordance with the requirements contained in the Performance Work Statement.

3.2 Key Personnel

The Primary Project Manager and the Alternate Project Manager are hereby designated as key personnel for this requirement. The Government may designate additional key personnel during contract performance.

The Contractor shall not replace key personnel without approval from the Contracting Officer.

Before replacing any individual designated as key personnel, the Contractor shall notify the Contracting Officer no less than 14 calendar days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the key personnel person being replaced, unless otherwise approved by the Contracting Officer.

The justification must include a detailed explanation of the circumstances, a complete resume for the proposed substitute, and other information requested by the Contracting Officer necessary to approve or disapprove the proposed substitute.

3.3 Employee Identification

3. 3.1 Access to Government Property or Facilities The Contractor shall be allowed limited access to the Government's facilities. Contractor personnel requiring access will be required to supply the drivers’ name(s), truck number(s), and a copy of the pickup orders prior to their arrival at the depot and final destination(s).

3. 3.1.1 Contractor employees visiting Government facilities shall wear an identification badge that, at a minimum, displays the Contractor name, the employee’s photo, name, clearance-level and badge expiration date. Visiting Contractor employees shall comply with all Government escort rules and requirements. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

3.3.1.2 Contractor employees working on-site at Government facilities shall wear a Government issued identification badge. All Contractor employees shall identify themselves as Contractors when their status is not readily apparent (in meetings, when answering Government telephones, in e-mail messages, etc.) and display the Government issued badge in plain view above the waist at all times.

3.4 Employee Conduct

Contractor’s employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of DHS uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor shall ensure Contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States or the Department of Homeland Security. The Project Manager shall ensure Contractor employees understand and abide by Department of Homeland Security established rules, regulations and policies concerning safety and security.

3.5 Removing Employees for Misconduct or Security Reasons

The Government may, at its sole discretion (via the Contracting Officer), direct the Contractor to remove any Contractor employee from DHS/ FEMA facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under the contract. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

3.6 Security

BACKGROUND INVESTIGATIONS

All contractor personnel who require access to DHS or FEMA information systems, routine access to DHS or FEMA facilities, or access to sensitive information, including but not limited to Personally Identifiable Information (PII), shall be subject to a full background investigation commensurate with the level of the risk associated with the job function or work being performed. FEMA’s Personnel Security Division (PSD) will determine the risk designation for each contractor position by comparing the functions and duties of the position against those of a same or similar federal position, applying the same standard for evaluating the associated potential for impact on the integrity and efficiency of federal service.

Low Risk without Information System Access Contractor personnel occupying positions or performing functions with a Low Risk designation and who do not require access to DHS or FEMA information systems may undergo a Tier 1 investigation with a credit check and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract. (Also reference Facility Access).

Low Risk with Information System Access Contractor personnel occupying positions or performing functions with a Low Risk designation and who require access to DHS or FEMA information systems shall undergo a Tier 2 Suitability Background Investigation (T2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

Moderate Risk Contractor personnel occupying positions or performing functions with a Moderate Risk designation shall undergo a Tier 2 Suitability Background Investigation (T2) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

High Risk Contractor personnel occupying positions or performing functions with a High Risk designation shall undergo a Tier 4 Suitability Background Investigation (T4) and must receive a favorable adjudication thereof from FEMA PSD prior to performing work under this contract.

Background Investigation Process To initiate the request to process contractor personnel, the Contractor shall provide the FEMA Contracting Officer’s Representative (COR) with all required information and comply with all necessary instructions to complete Section II of the FEMA Form 121-3-1-6, “Contract Fitness/Security Screening Request.” The FEMA COR shall ensure that all other applicable sections of the FEMA Form 121-3-1-6 are complete prior to submitting the form to FEMA PSD for processing. The Contractor shall also provide the FEMA COR with completed OF 306, “Declaration for Federal Employment,” forms for all contractor personnel.

Contractor personnel who already have a favorably adjudicated background investigation, may be eligible to perform work under this contract without further processing by FEMA PSD if:

the investigation was completed within the last five years, it meets or exceeds the minimum requirement for the position they will occupy or functions they will perform on this contract, the contractor personnel have not had a break in employment since the prior favorable adjudication, and, FEMA PSD has verified the investigation and confirmed that no new derogatory information has been disclosed which may require a reinvestigation.

FEMA PSD will notify the COR of the names of the contractor personnel eligible to work based on prior, favorable adjudication. The COR will, in turn, notify the Contractor of the names of the favorably adjudicated contractor personnel, at which time the favorably adjudicated contractor personnel will be eligible to begin work under this contract.

For those contractor personnel who do not have an acceptable, prior, favorable adjudication or who otherwise require reinvestigation, FEMA PSD will issue an electronic notification via email directly to the contractor applicant/personnel that contains the following documents, which are incorporated into this contract by reference, along with a link to the Office of Personnel Management’s (OPM) Electronic Questionnaires for Investigation Processing (e-QIP) system and instructions for submitting the necessary information:

Standard Form 85P, “Questionnaire for Public Trust Positions”

Optional Form 306, “Declaration for Federal Employment”

SF 87, “Fingerprint Card” (2 copies)

DHS Form 11000-6, “Non-Disclosure Agreement”

DHS Form 11000-9, “Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act”

FEMA PSD will only accept complete packages consisting of all of the above document and Standard Form 85P, which must be completed electronically through the Office of Personnel Management’s e-QIP system. The Contractor is responsible for ensuring that all contractor personnel timely and properly submit all required background information.

Once contractor personnel have properly submitted the complete package of all required background information, FEMA’s Personnel Security Division, at its sole discretion, may grant contractor personnel temporary eligibility to perform work under this contract prior to completion of the full background investigation if the Personnel Security Division’s initial review of the contractor personnel’s background information reveals no issues of concern. In such cases, FEMA’s Personnel Security Division will provide notice of such temporary eligibility to the COR who will then notify the Prime Contractor, at which time the identified contractor personnel will be temporarily eligible to begin work under this contract. Neither the Prime Contractor nor the contractor personnel has any right to such a grant of temporary eligibility. The grant of such temporary eligibility shall not be considered as assurance that the contactor personnel will remain eligible to perform work under this contract upon completion of and final adjudication of the full background investigation.

Upon favorable adjudication of the full background investigation, FEMA’s Personnel Security Division will update the contractor personnel’s security file and take no further action. In any instance where the final adjudication results in an unfavorable determination FEMA’s Personnel Security Division will notify the contractor personnel directly, in writing, of the decision and will provide the COR with the name(s) of the contractor personnel whose adjudication was unfavorable. The COR will then forward that information to the Contractor. Contractor personnel who receive an unfavorable adjudication shall be ineligible to perform work under this contract. Unfavorable adjudications are final and not subject to review or appeal.

Continued Eligibility and Reinvestigation Eligibility determinations based on a Low Risk T1, Moderate Risk T2S or High Risk T4 are valid for five years from the date that the investigation was completed and closed. Contractor personnel required to undergo a background investigation to perform work under this contract shall be ineligible to perform work under this contract upon the expiration the background investigation unless and until the contractor personnel have undergone a reinvestigation and FEMA’s Personnel Security Division has renewed their eligibility to perform work under this contract.

Exclusion by Contracting Officer The Contracting Officer, independent of FEMA’s Personnel Security Division, may direct the Contractor be excluded from working on this contract. Any contractor found or deemed to be unfit or whose continued employment on the contract is deemed contrary to the public interest or inconsistent with the best interest of the agency may be removed.

FACILITY ACCESS

The Contractor shall comply with FEMA Directive 121-1 “FEMA Personal Identity Verification Guidance,” FEMA Directive 121-3 “Facility Access,” and FEMA Manual 121-3-1 “FEMA Credentialing Access Manual,” to arrange for contractor personnel’s access to FEMA facilities, which includes, but is not limited to, arrangements to obtain any necessary identity badges for contractor personnel.

Contractor personnel working within any FEMA facility who do not require access to DHS or FEMA IT systems and do not qualify for a PIV Card may be issued a Facility Access Card (FAC). FACs cannot exceed 180 days; all contractors requiring access greater than 180 days will need to qualify for and receive a PIV card before being allowed facility access beyond 180 days.

Contractor personnel shall not receive a FAC until they have submitted a SF 87, “Fingerprint Card,” and receive approval from FEMA PSD. Contractor personnel using a FAC for access to FEMA facilities must be escorted in Critical Infrastructure areas (i.e., server rooms, weapons rooms, mechanical rooms, etc.) at all times.

FEMA may deny facility access to any contractor personnel whom FEMA’s Office of the Chief Security Officer has determined to be a potential security threat.

The Contractor shall notify the FEMA COR of all terminations/resignations within five calendar days of occurrence. The Contractor must account for all forms of Government-provided identification issued to contractor employees under a contract (i.e., the PIV cards or other similar badges) must return such identification to FEMA as soon as any of the following occurs:

When no longer needed for contract performance.

Upon completion of a contractor employee’s employment.

Upon contract completion or termination.

If an identification card or building pass is not available to be returned, the Contractor shall submit a report to the FEMA COR, referencing the pass or card number, name of the individual to whom it was issued, and the last known location and disposition of the pass or card.

The Contractor or contractor personnel’s failure to return all DHS- or FEMA-issued identification cards and building passes upon expiration, upon the contractor personnel’s removal from the contract, or upon demand by DHS or FEMA may subject the contractor personnel and the Contractor to civil and criminal liability.

Standard OPSEC Training Language

Contractors and Subcontractors who are working on this contract shall receive the OPSEC Awareness Brief.

Access to the briefing can be obtained at http://cdsetrain.dtic.mil/opsec Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

OCSO Required Language for Contracts Including “For Official Use Only” (FOUO) Information

In accordance with DHS Management Directive 11042.1 contractors, consultants and others to whom access is granted will abide by 11042.1; DHS policy regarding the identification and safeguarding of sensitive but unclassified information originated within DHS. It also applies to other sensitive but unclassified information received by DHS from other government and non-governmental activities. The contractor will:

1. Be aware of and comply with the safeguarding requirements for “For Official Use Only” (FOUO) information as outlined in this directive.

2. Participate in formal classroom or computer based training sessions presented to communicate the requirements for safeguarding FOUO and other sensitive but unclassified information.

3. Be aware that divulging information without proper authority could result in administrative or disciplinary action.

Contractors and Consultants shall:

Execute a DHS Form 11000-6, Sensitive but Unclassified Information Non Disclosure Agreement (NDA), as a condition of access to such information. Other individuals not assigned to or contractually obligated to DHS, but to whom access to information will be granted, may be requested to execute an N DA as determined by the applicable program manager. Execution of the N DA shall be effective upon publication of this directive and not applied retroactively.

Standard Training Language Unauthorized Disclosure of Classified or Unclassified Information

All contractors and subcontractors are required to train on Unauthorized Disclosure of Classified or Unclassified Information to perform duties established by the Government during the performance period of and execution of this contract.

Access to the training can be obtained at:

https://securityawareness.usalearning.gov/unauthorizedrefresher/index.htm

Send the certificate of completion to the FEMA Contracting Officer Representative no later than 30 calendar days after awarded contract. New employees entering the contract must receive the briefing within ten (10) business days of joining the contract.

4.0 OTHER APPLICABLE CONDITIONS

4.1 Unauthorized Work

Only a duly appointed FEMA Contracting Officer is authorized to change the specifications, terms, and conditions governed under this contract and/or subsequent task order(s). No payments shall be made for any unauthorized supplies and/or services or for any unauthorized changes to the work governed under a particular task order. This includes any services performed by the contractor of their own volition or at the request of an individual other than a duly appointed FEMA Contracting Officer.

4.2 Protection of Information

Contractor access to information protected under the Privacy Act is required under this PWS.

Contractor employees shall safeguard this information against unauthorized disclosure or dissemination in accordance with the law and Government policy and regulation.

4.3 Confidentiality

All information regarding the specific procedures developed under a specific task order must be regarded as sensitive information by the Contractor and not to be disclosed to anyone outside the Contractor’s organization without the written permission of the Contracting Officer.

5.0 GOVERNMENT FURNISHED RESOURCES

The Government does not expect to provide Government-Furnished Property in order to accomplish this requirement.

5.2 Limited Use of Data

Other than access to input freight details into FEMA system of record Logistic Supply Chain Management System (LSCMS), the Government does not anticipate the need to provide the contractor to access and use data and information proprietary to a Government agency or Government contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.

In the event it does, the contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the government, except to authorize government personnel or upon written approval of the Contracting Officer (CO). The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

6.0 CONTRACTOR FURNISHED PROPERTY

The Contractor shall furnish all facilities, materials, equipment and services necessary to fulfill the requirements of this contract.

7.0 POST AWARD CONFERENCE

The Contractor must be required to participate in a Post Award Conference with the Contracting Officer and the COR no later than 2 business days after the date of award. The purpose of the Post Award Conference, which will be chaired by the Contracting Officer, is to discuss technical and contracting objectives of this contract. The Post Award Conference will be held via teleconference.

8.0 PROGRESS MEETINGS

The Project Manager shall be available to meet with the COR on a weekly basis and/or upon request to present deliverables, discuss progress, exchange information and resolve emergent technical problems and issues. These meetings shall take place via teleconference.

9.0 ORDERING PROCEDURES

This is a requirements contract in accordance with FAR 16.503(b) (1). There is no guarantee that the Government will order quantities stipulated in a contract award.

The delivery orders for commodity transportation support services will be placed by the Contracting Officer. If the contractor fails to provide the required transportation assets (vessels, trucks, CHE), crew and services, as specified in the delivery order and/ or scheduling request, the Contracting Officer has the right to terminate the delivery order, in part or in its entirety, and re-issue a new order to a different contractor with the U.S. Government being reimbursed for any resulting, excess re-procurement costs.

10.0 DELIVERABLES

The Contractor shall prepare the deliverables below and submit them to the entities specified in the table.

ITEM

PWS

REFERENCE

DELIVERABLE /

EVENT

DELIVERABLE

SCHEDULE

DISTRIBUTION

1 1.5.1.1

Quality Control Plan (QCP) and or Quality Assurance Surveillance Plan (QASP)

Final copy 5 days after contract award.

Revisions are submitted 5 days after request.

COR, Contracting Officer

2 2.1 Ramp-Up Plan

Draft copy at Post Award Conference.

Final copy within 5 days following the Post Award Conference

COR, CO

3 2.5.1 Task Order Service Status Report

Weekly

COR

4 2.5.2

Task Order Delivery Report (includes Inspection and Acceptance)

Interim Report: After vessel departure from port of embarkment;

or as requested and negotiated with COR

Final Report- Within 5 business days aftertask order completion.

COR

11.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS).

The PRS establishes key elements of Contractor performance that represent “mission essential” service requirements, which are identified in the table below. The “Performance Objective” column represents the standard against which Contractor performance will be measured in relation to accomplishment of the corresponding service performance measure and standard.

Performance Objective No. Measures Performance Standard

1 –Response- Delivery Timeframe For Resources

Delivery within required timeframe for containers shall be specified in each task order.

Timeframe contingent on delivery mode of transportation.

Urgent Requirements AQL – 98% of the time on schedule Other Requirements AQL – 95% of the time on schedule

2 - Deliver required reports. Delivery in accordance with the Deliverable Table (Section 10)

No more than 90% of the reports to appropriate government contact may be later than the specified time period.

11.1 Task Order Quality Assurance

FEMA reserves the right to identify deliverables in individual Task Orders. As such is the case, the COR will review, for completeness, preliminary, draft and final documentation that the Contractor submits, and may return it to the contractor for correction. Absence of any comments by the COR will not relieve the contractor of the responsibility for complying with the requirements of this Performance Work Statement. Final approval and acceptance of documentation required herein shall be by letter of approval and acceptance by the COR.

The contractor shall not construe any letter of acknowledgment of receipt material as a waiver of review, or as an acknowledgment that the material is in conformance with this statement of work.

Any approval given during preparation of the documentation, or approval for shipment shall not guarantee the final acceptance of the completed documentation.

In general, all contract deliverables shall meet the following quality standards:

Accuracy - Work products shall be accurate in presentation, technical content, and adherence to accepted elements of style.

Consistency to Requirements - All work products must satisfy the requirements of this statement of work.

Timeliness - Work Products shall be submitted on or before the due date specified in this statement of work or submitted in accordance with a later scheduled date determined by the COR.