Atch 1 - PWS DPAA 10 JULY 2026.docx

PERFORMANCE BASED WORK STATEMENT

HELICOPTER SUPPORT SERVICES IN PAPUA NEW GUINEA

FOR THE DEFENSE POW/MIA ACCOUNTING AGENCY (DPAA)

July 10, 2026

1. Description of Services.

1.1. Background. The Defense POW/MIA Accounting Agency (DPAA) expects to conduct up to three (3) missions per year in Papua New Guinea to achieve the fullest possible accounting of Americans missing as a result of previous conflicts. Depending on case complexity, missions can vary in length between 14 to 90 days total and be located anywhere within Papua New Guinea. DPAA requires rotary-wing aviation support services to support these critical humanitarian efforts.

1.2. Scope. The Contractor shall provide all personnel, rotary-wing aircraft, equipment, supplies, supervision, and services necessary to support Defense POW/MIA Accounting Agency (DPAA) missions in Papua New Guinea. Required services include mission planning, transportation of DPAA personnel and cargo to and from remote landing zones, and emergency medical evacuation (MEDEVAC) capability. The Contractor shall also provide all operational and logistical support required to perform these services.

The Contractor is responsible for obtaining and maintaining all certifications, licenses, and approvals required to operate as a commercial air carrier in Papua New Guinea, and for complying with all applicable laws and regulations of Papua New Guinea and the United States.

All services shall be performed in strict accordance with this Performance Work Statement (PWS) and with the requirements specified in each task order issued under this contract. The Contractor shall not receive or use any Government-furnished property or services. The Contractor is solely responsible for providing all resources necessary to fulfill the requirements of this contract.

1.3. Specific Tasks. The following task areas are required under this contract:

1.3.1. Task Area 1: Mission Preparation and Planning - The Contractor shall provide technical assistance to DPAA mission planners to support the development of the Mission Aviation Lift Support Plan. The Contractor shall ensure the plan serves as the operational blueprint for the physical execution of flights in remote areas, distinct from communications protocols. Furthermore, the Contractor shall ensure the plan supports accurate task order generation and addresses budget, on-ground mission, resupply, and MEDEVAC planning requirements.

1.3.1.1. A complete and accurate Mission Aviation Lift Support Plan shall be delivered within the timeframes specified in the Deliverables Schedule (Section 1.4). The plan shall detail the Contractor’s explicit operational methodology for executing the required flights. At a minimum, the plan shall mandate and define procedures for aircraft scheduling, load planning (including passenger and cargo weight and balance management), flight routing, remote refueling logistics, and operational contingency plans for weather or mechanical aborts.

1.3.1.2. The Contractor shall maintain all applicable certifications and regulatory approvals necessary to operate as a commercial air carrier in Papua New Guinea and in support of DoD operations, including:

1.3.1.2.1. Compliance with DoD Instruction 4500.53 and 32 CFR Part 861 (Commercial Airlift Review Board (CARB) requirements)

1.3.1.2.2. A valid Air Operator Certificate (AOC) issued by the Papua New Guinea Civil Aviation Safety Authority (CASA PNG) or applicable National Aviation Authority (NAA), authorizing commercial operations throughout all required regions of Papua New Guinea

1.3.1.2.3. All applicable host nation aviation regulatory requirements

1.3.2. Task Area 2: Rotary-Wing Aircraft Operations - The Contractor shall provide rotary-wing aircraft operations to transport DPAA personnel and cargo (equipment and supplies) within Papua New Guinea to and from remote landing zones (LZs). Operations may be required at any location within Papua New Guinea that has a helicopter landing site. Contingent upon approvals and permissions from the Government of Papua New Guinea, DPAA shall utilize U.S. airlift assets to the maximum extent possible in moving personnel and cargo to the closest regional airport to the mission area, from which the Contractor will begin follow-on aviation support services (including flights performed under the Contractor’s other, non-government contracts).

1.3.2.1. Flight Operations Delay Management. The Contractor shall ensure that all flight operations are conducted in a safe, efficient, and timely manner. However, delays may occur due to uncontrollable or controllable factors. The following provisions apply:

1.3.2.1.1. Uncontrollable Delays: Uncontrollable delays are caused by factors outside the Contractor's reasonable control. These events are strictly limited to adverse weather conditions that make flight unsafe, natural disasters, and formally declared host nation restrictions on all air operations. A mechanical failure of any kind is not an uncontrollable delay. In the event of an uncontrollable delay:

· The Contractor shall issue an Immediate Delay Notification to the Contracting Officer (CO) or Contracting Officer Representative (COR), and the on-ground mission team immediately upon identifying the delay, to prevent personnel from waiting at the LZ.

· Payment for the affected aircraft shall be reduced to 50% of the applicable standard Daily Standby Rate or Flight Hour Rate for the duration of the delay. The reduction shall be calculated as:

Reduced Rate = Standard Rate × 0.5 (R) ( is the agreed reduction percentage) Payment at the reduced rate shall continue for the duration of the delay, and standard rates resume when operations recommence.

1.3.2.1.2. Controllable Delays: A controllable delay is any delay within the Contractor’s control. This includes, without exception, all mechanical failures, maintenance issues, crew availability issues, and operational inefficiencies. Mechanical failures are always considered controllable delays.

· The Contractor shall issue an Immediate Delay Notification to the Contracting Officer (CO) or Contracting Officer Representative (COR), and the on-ground mission team immediately upon identifying a controllable delay.

· For the full duration of a controllable delay that renders an aircraft non-mission-capable, no payment will be made for that aircraft. This applies to both the Daily Standby Rate and the Flight Hour Rate.

· Payment for the affected aircraft will resume only after it is fully restored to mission-capable status and the Contractor provides written confirmation to the CO or COR.

The Government reserves the right to apply penalties, deductions, or other contractual remedies for controllable delays, as specified in the contract.

1.3.2.1.3. Mitigation and Rescheduling: For both uncontrollable and controllable delays, the Contractor shall work with DPAA mission planners to reschedule affected operations and minimize disruption to mission objectives. The Contractor shall ensure alternate aircraft or crews are available to mitigate controllable delays caused by maintenance or operational issues, at no additional cost to the Government.

1.3.3. Task Area 3: Aircraft Performance Requirements. The Contractor shall provide aircraft that meet the following minimum performance standards. The number and type of helicopters required for each mission will be determined by the specific needs of the task order. The Contractor shall have the capability to provide one, two, or three helicopters simultaneously, as required, to meet mission objectives. The Contractor has full discretion in selecting specific aircraft models, provided all performance thresholds are met:

(in addition to pax) Minimum External Load (Sling) Capacity Engine Type

1.3.3.1. Aircraft Safety and Maintenance. The Contractor shall ensure all aircraft:

1.3.3.1.1. Meet or exceed applicable technical and safety standards mandated by the manufacturer and all applicable laws and regulations of Papua New Guinea and the United States, 100% of the time.

1.3.3.1.2. Are maintained in accordance with the manufacturer's required service schedule throughout the contract period of performance.

1.3.3.1.3. Are replaced or substituted with an equivalent aircraft at no additional cost to the Government in the event of scheduled or unscheduled maintenance that would interrupt mission operations.

1.3.3.2. Aircraft Communication Capability. The Contractor shall ensure all aircraft are equipped to maintain reliable two-way communication with other aviation assets, air traffic control, and DPAA ground personnel. All systems shall meet all applicable host nation requirements and shall include, at a minimum, the following:

· VHF/AM Aviation Radio: Capable of transmitting and receiving throughout the civil aviation frequency band of at least 118.000 to 136.975 MHz.F

· VHF/FM Ground Communications Radio: A separate radio system capable of programmable communications compatible with DPAA ground team radios, covering at a minimum the 138-174 MHz band.

· HF/SSB Radio: Capable of transmitting and receiving across the 2 to 30 MHz band for long-range communications.

· Emergency Locator Transmitter (ELT): A dual-frequency ELT operating on both 121.5 MHz and 406 MHz.

· ADF Receiver: A functioning Automatic Direction Finder (ADF).

1.3.3.3. Communications Interoperability and Testing. To ensure reliable communication between the aircrew and DPAA ground personnel, the following procedures are mandatory for every task order:

· Communications Plan: As part of the Mission Aviation Lift Support Plan, the Contractor shall coordinate with the DPAA Mission Commander to develop a Communications Plan. This plan shall identify the primary and alternate VHF/FM frequencies, call signs, and contingency procedures for ground-to-air contact.

· Pre-Mission Familiarization and Test: Prior to the first operational flight of each mission, the Contractor's aircrew shall conduct a pre-mission briefing and a successful two-way radio check between the helicopter's VHF/FM radio and the DPAA team's handheld radios. No mission flight shall be launched until successful two-way communication has been confirmed and documented.

1.3.3.4. Aircraft Safety Equipment. The Contractor shall equip all aircraft with safety equipment appropriate for the environment, including life jackets, floats for overwater flights, and a survival kit with emergency beacon and mirror.

1.3.3.5. Passenger Compartment Standards. The Contractor shall ensure passenger compartments are maintained in a clean, safe, and serviceable condition at all times during operations, so as not to soil passengers, clothing, or possessions, and shall be free of debris, grease, and oil.

1.3.3.6. Pilot Qualifications. The Contractor shall ensure all pilots are:

1.3.3.6.1. Licensed and current in accordance with applicable host nation and U.S. regulatory requirements.

1.3.3.6.2. Holders of a valid Commercial Pilot License with a valid flight instructor rating; possess a minimum of 3000 total flight hours as Pilot-in-Command (PIC) on rotary-wing aircraft; and provide documentary evidence of at least 500 flight hours operating in mountainous and/or jungle environments comparable to Papua New Guinea, including demonstrated experience operating in marginal Visual Flight Rules (VFR) conditions and rapidly changing weather.

1.3.3.6.3. Current on all required medical screenings necessary to maintain licensure.

1.3.3.6.4. Fully responsible for all flight operations and decisions affecting flight safety, including airworthiness, load limits, routes, weather assessment, and landing site conditions.

1.3.3.6.5. Submission of Documentary Evidence (Personnel Qualification Roster). To provide documented verification of the standards established in Sections 1.3.3.6.1 through 1.3.3.6.3, the Contractor shall formally submit a Personnel Qualification Roster. This roster constitutes the mandatory "documentary evidence" and shall explicitly list: (1) pilot names, (2) exact expiration dates for all required licenses and medical screenings, and (3) verified flight hour totals meeting the thresholds in 1.3.3.6.2. No pilot shall be authorized to commence flight operations until their qualifications are submitted and verified via this roster.

1.3.3.7. Flight Operations. The Contractor shall:

1.3.3.7.1. Operate aircraft in a safe, efficient, dependable, and prompt manner

1.3.3.7.2. Provide the number and type of aircraft specified for each mission requirement in good mechanical and operating condition

1.3.3.7.3. Obtain written approval from the CO or authorized representative prior to substituting aircraft types not specified in the task order

1.3.3.7.4. Tender aircraft for the sole use of DPAA to carry authorized personnel and property. In the event non-DPAA sponsored personnel board an aircraft, DPAA will not be required to pay for flight hours until the non-sponsored person(s) departs the aircraft

1.3.3.7.5. Conduct flight operations between sunrise and sunset. Night operations are authorized only in emergency MEDEVAC situations, subject to pilot concurrence and applicable night VFR conditions

1.3.3.7.6. Participate in daily pre- and post-flight synchronization meetings with DPAA mission leadership to confirm the flight operations plan for the day, review actions to facilitate those operations, review contingency and emergency actions for various scenarios, and confirm risk mitigation actions. All costs associated with this mission execution phase shall be included in the Contractor's Firm-Fixed-Price proposal.

1.3.3.7.7. Seek and obtain approval and authorization from Papua New Guinea authorities concerning flight routes, landing rights, and any and all authorization to operate aircraft in the airspace of Papua New Guinea.

1.3.3.8. Standby vs. Flight Hour Charges. Flight Days: On any day flight hours are incurred, the Government pays only the Flight Hour Rate for actual hours flown (prorated by minute). Non-Flight Days: If the aircraft is mission-capable but DPAA does not require flight, the Government pays the full Daily Standby Rate. Both rates shall never be paid for the same aircraft on the same day.

1.3.3.9. Cargo and Sling Load Operations. The Contractor shall be capable of transporting cargo internally or externally, including sling load operations when required. The minimum internal and external load capacities for each aircraft type are defined in Section 1.3.3.

The Contractor shall provide all required cargo securing equipment in sound mechanical condition, including but not limited to nets, ropes, shackles, swivels, and slings, meeting all applicable local regulatory requirements.

The contractor's PIC shall determine when a qualified loadmaster is required for cargo or external sling load operations. The loadmaster is considered a member of flight crew, and the presence of a loadmaster shall not reduce the minimum DPAA passenger capacity specified for any helicopter type listed in Section 1.3.3. Under the direction of the loadmaster, DPAA personnel may assist in the building, loading, unloading, and breaking down of cargo loads.

1.3.4. Task Area 4: Flight Operations Support (Fuel and Logistics). The Contractor shall obtain all necessary supplies and services required for contract performance, including but not limited to fuel, pre-positioning of fuel, airport authorizations, and landing rights. The Contractor shall ensure that proper logistical arrangements are made to enable refueling of aircraft at auxiliary locations and that aircraft are refueled in a timely manner. The Contractor is responsible for the pre-staging costs of aircraft fuel to the required location. Fuel costs are pass-through and reimbursed on a Time and Materials (T&M) basis.

1.3.4.1. The Government will reimburse the Contractor only for the actual price paid for fuel at commercial facilities in PNG, with no markup, overhead, G&A, or profit. The Contractor must submit original invoices/receipts showing date, quantity, and price per liter.

1.3.4.2. Daily Operating Report (DOR). The Contractor shall provide a DOR for aircraft usage to the DPAA team leader for signature at the end of each operational day. The DOR shall include:

Flight time shall be calculated from engine start in preparation for takeoff to engine shutdown upon landing, including periods when the engine and rotor are required to remain turning.

1.3.5 Task Area 5: Emergency Medical Evacuation (MEDEVAC). The Contractor shall maintain 24/7 on-call MEDEVAC capability for the duration of each task. MEDEVAC support shall be provided using one of the aircraft already under this contract; no additional or dedicated aircraft is required. The MEDEVAC aircraft does not require Contractor-supplied EMS personnel, as medical personnel are embedded withing DPAA field teams. The aircraft must be capable of rapid reconfiguration for medical evacuation upon notification but does not need to remain in MEDEVAC configuration unless directed by the Government. Upon notification, MEDEVAC response shall be initiated within 30 minutes, 95% of the time, as documented in emergency response logs. The Contractor shall designate a Point of Contact (POC) who is reachable at all times for the duration of the task order. prior to the initiation of each task order who is reachable at all times.

1.4 Deliverables Schedule. All deliverables shall be submitted directly to the Contracting Officer Representative (COR) electronically in Microsoft Office (e.g., Word, Excel, Power Point, Project). Deliverables shall be identified by contract number/task order number, PWS task/subtask number, and deliverable title. All deliverables must meet professional standards and comply with the requirements set forth in this PWS.

Chief

NLT 2 business day after Government review

1.4.1. Monthly Status Report. The Monthly Status Report shall summarize all contract activity for the preceding month. At a minimum, the report shall include total flight hours executed, standby days utilized, fuel consumed, a summary of any operational delays or maintenance issues, and a confirmation of any changes to the Personnel Qualification Roster (reference Section 1.3.3.6.5) or updates/lapses to the carrier's CARB certification status (reference Section 4.2). If no personnel or certification changes occurred during the reporting period, the report shall explicitly state so.

1.5. Annual Synchronization Conference. The Contractor shall participate in an annual Synchronization Conference with DPAA contract management personnel and mission planners. The conference may be conducted virtually or in person. If conducted in person, DPAA will provide the location no less than 60 calendar days in advance. The conference will focus on:

· Contract management process review

· Identification of friction points and areas for improvement

· DPAA projected out-year mission areas and anticipated requirements

· Preliminary planning for out-year mission sites The conference will be approximately 7–10 days in duration, including travel, and shall include no more than four (4) Contractor representatives consisting of key personnel (e.g., Program Manager, Operations Lead, Logistics/Maintenance Lead, Safety/Training Lead or equivalent positions approved by DPAA). All Contractor travel, lodging, and per diem costs associated with attending this conference in person shall be borne solely by the Contractor.

2. Service Delivery Summary (SDS). The SDS summarizes desired outcomes and identifies the performance thresholds/metrics that will be tracked to determine whether the desired outcomes are being achieved. Although not all PWS requirements are listed in the SDS, the Contractor is fully expected to comply with all requirements in the PWS and elsewhere in the contract (e.g., contract clauses).

cyber-incident in a twelve-month period

cyber-incident in a twelve-month period

3. Government-Furnished Property and Services. No Government-Furnished Property (GFP) or services will be provided under this contract. The Contractor shall be responsible for furnishing all property, equipment, materials, and services necessary to perform the requirements of this contract.

4. General Information.

4.1. Contractor Phase-In and Transition-Out. The Contractor shall provide a transition plan within 30 days of contract award detailing phase-in procedures and knowledge transfer requirements.

4.2. Contractor Employee Qualifications/Certifications. . The air carrier shall maintain continuous CARB certification and meet the specific pilot qualifications detailed in Section 1.3.3.6 throughout the contract period of performance. Through the Contractor Quality Assurance Plan, the Contractor shall explicitly detail their internal management processes and audit procedures used to track expiring certifications, replace unqualified personnel, and guarantee continuous CARB compliance throughout the life of the contract.

4.3. Identification of Potential Organizational Conflict of Interest (OCI). The Contractor shall identify any potential organizational conflicts of interest and provide mitigation plans as required.

4.4. Hours of Operation and Recognized Holidays. Flight operations shall occur between sunrise and sunset unless emergency conditions require night operations. The Contractor shall observe Papua New Guinea national holidays unless emergency operations are required.

4.5. Place of Performance. Operations may be required in any province within Papua New Guinea, including Bougainville Island.

4.6. Other Direct Costs. The Contractor shall provide all fuel; landing fees, airport authorizations, and operational services required for performance. Fuel expenses shall be billed as actual-cost, dollar-for-dollar pass-through items under a separate reimbursable CLIN, supported by receipts. All other operational costs, including landing fees and airport authorizations, shall be funded solely by the Contractor at no additional cost to the Government.

4.7. Mission Essential Services. Emergency medical evacuation services are considered mission essential and require 24/7 on-call capability.

4.8. Non-Disclosure Agreement for Contractor Employees. All contractor personnel shall sign non-disclosure agreements prior to accessing classified or sensitive information.

4.9. Security Information. All contractor personnel must obtain appropriate security clearances and comply with physical security, personnel security, and information security requirements.

4.10. Third Party Payment System. Fuel costs may be processed through third-party payment systems with appropriate documentation.

4.11. Cyber Security. The Contractor shall implement cybersecurity measures in accordance with DFARS requirements and provide a cybersecurity plan.

4.11.1. Operationally Critical Support. The services designated under this contract are not “operationally critical support” as defined in DFARS 252.204-7012.

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

4.11.2.1. Cyber-incidents as defined in Table 1.

4.11.2.2. 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.

4.11.2.3. 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.

Table 1.

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.

category.

4.11.3. 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

4.11.4. Mandatory Reporting Data

4.11.4.1. 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:

4.11.4.1.1. Company Name

4.11.4.1.2. Who will be the POC with contact information

4.11.4.1.3. CO POC (name, telephone, email)

4.11.4.1.4. Overall Assessment –Description of incident, data at risk, mitigations applied

4.11.4.1.5. Indicators of compromise

4.11.4.1.6. Vector of attack (if known)

4.11.4.1.7. Estimated time of attack (if known)

4.11.4.2. 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:

4.11.4.2.1. Contractor unique Commercial and Government Entity (CAGE) code

4.11.4.2.2. Contract numbers affected

4.11.4.2.3. Facility CAGE code where the incident occurred if different than the prime Contractor location

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

4.11.4.2.5. CO POC (name, telephone, email)

4.11.4.2.6. Contract clearance level

4.11.4.2.7. DoW programs, platforms, systems, or information involved

4.11.4.2.8. Location(s) of compromise

4.11.4.2.9. Date incident discovered

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

4.11.4.2.11. Description of technical information compromised

4.11.4.2.12. Any additional information relevant to the information compromise

4.11.5. Incident Reporting Coordination

4.11.5.1. In the event of a cyber-incident, USTRANSCOM may conduct an on-site review of network or information systems where DoW 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.

4.11.5.2. 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.

4.11.5.3. 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 CO.

4.11.5.4. 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.

4.11.6. 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.

4.11.7. Implementation of Cybersecurity Maturity Model Certification (CMMC) Program. To ensure adequate safeguards for the CUI defined in para. 5.2.1., CMMC level 2 (self) certification is required. The Contractor shall have a current (i.e. not older than 3 years) CMMC certificate at the CMMC level required by this contract and maintain the CMMC certificate at the required level for the duration of the contract. Additional information related to the CMMC program may be found at: https://dodcio.defense.gov/cmmc/Resources-Documentation/

4.12. Vendor Threat Mitigation. The Contractor shall comply with all vendor threat mitigation requirements as specified in the contract clauses.

4.12.1. Foreign Subcontractor Reporting. The Contractor shall submit a semi-annual report to the Contracting Officer for each first-tier foreign subcontractor or agent that operates as a separate legal entity and contracts directly with the Contractor. This includes the foreign subcontractor’s commonly-owned legal affiliate (if applicable) which has employees who may have physical contact with Government shipments or access to Government systems or information in the ordinary course of contract performance. The initial report is due 30 calendar days after contract award. Subsequent reports shall cover the periods ending 31 March and 30 September and shall be submitted by 15 April and 15 October, respectively.

4.12.2. The Contractor shall use the USTRANSCOM-provided format (Attachment 10 of the RFP) for reporting and follow the instructions therein. Upon request by the Contracting Officer, the Contractor shall provide a copy of the foreign subcontractor’s business license(s) required to legally operate in that country. Specific to foreign subcontracted air carriers (airlines), the Contractor shall also provide copies of the Air Operating Certificate(s) to the Contracting Officer upon request. Unless waived by the Contracting Officer, Contractors shall respond to all requests for information.

4.12.3. The Contractor is responsible for appropriately marking sensitive information as proprietary/trade secret. The Government will handle proprietary/trade secret information within the applicable statutes, rules, and regulations regarding the handling and release of such information.

4.12.4. USTRANSCOM Unsuitable Vendor Listing. Prior to contract performance and periodically throughout performance, the Contracting Officer will make available to the Contractor the names of foreign subcontractors determined to be unsuitable. The Contractor shall not allow named entities to perform under this contract. Separately from this contract, it is the Contractor’s discretion to continue or terminate commercial arrangements with subcontractors deemed unsuitable by USTRANSCOM, so long as the unsuitable contractor does not perform any part of the Government’s requirement. If the Contractor elects to terminate commercial use of the unsuitable subcontractor, the Government shall not be liable for any costs incurred by their termination.

4.12.5. An unsuitable determination does not preclude the Contractor from nominating an unsuitable foreign subcontractor for reconsideration during the contract performance period. The Contractor is encouraged to provide the Contracting Officer additional information that may affect the foreign subcontractor's suitability. Any entity listed in the U.S. Government Consolidated Screening List (https://www.trade.gov/consolidated-screening-list) or otherwise prohibited per Federal Acquisition Regulation (FAR) 52.240-91, Security Prohibitions and Exclusions, will not be reconsidered.

4.12.6. Other Prohibitions. The Contractor shall comply with the terms of FAR 52.240-91, Security Prohibitions and Exclusions, including all Office of Foreign Assets Control (OFAC) restrictions. In addition, the Contractor shall not acquire any supplies or services from entities that have been banned or sanctioned by sources including, but not limited to, the following: European Union (EU) Banned Carrier Listing at https://transport.ec.europa.eu/transport-themes/eu-air-safety-list_en; Excluded Parties Listing at https://sam.gov/data-services/Exclusions?privacy=Public; and Department of Treasury Office of Foreign Assets Control (OFAC), Sanctions List Service (SLS) at https://ofac.treasury.gov/. Contractors should also consider not using subcontractors subject to EU financial sanctions at https://finance.ec.europa.eu/eu-and-world/sanctions-restrictive-measures/overview-sanctions-and-related-resources_en. If a sanctioned subcontractor is employed under this contract, the Contractor should voluntarily disclose the violation to OFAC at https://ofac.treasury.gov/faqs/search/13. Specific questions about restrictions should be made to the Department of the Treasury Office of Foreign Assets Control, Washington, DC 20220 (Telephone (202) 622-2490 or Toll Free (800) 540-6322).

4.13. Liability and Insurance.

4.13.1. Responsibility for Delays. The Contractor shall assume responsibility for delays caused by controllable factors, including but not limited to maintenance issues, crew availability, or operational inefficiencies. The following provisions apply:

4.13.1.1. Uncontrollable Delays. The Contractor shall not be penalized for delays caused by uncontrollable factors, such as adverse weather conditions, natural disasters, or host nation restrictions provided the Contractor demonstrates reasonable efforts to mitigate the impact of such delays. No additional compensation or liability shall accrue to either party as a result of such uncontrollable delays.

4.13.1.2. Controllable Delays. The Contractor shall be held liable for delays caused by controllable factors, including maintenance issues, crew availability, or operational inefficiencies. The Government reserves the right to apply penalties, deductions, or other remedies for such delays, as outlined in the contract terms.

4.13.1.3. Formal Delay Justification Documentation. To support invoice adjudication and determine if a delay is excusable, the Contractor shall provide Formal Delay Justification Documentation. This is a formal, retrospective justification distinct from the Immediate Delay Notification (1.3.2.1). The Contractor shall submit formal written justification (such as official METAR weather data for uncontrollable delays, or maintenance logs for controllable delays) detailing the root cause, exact duration, and mitigation measures taken. This documentation shall be submitted to the CO and COR within 5 business days following the resolution of the delay.

4.13.2. The Contractor shall maintain the following minimum insurance coverage at its own expense throughout the contract period of performance:

Proof of required insurance coverage shall be submitted to the CO at the time of contract award and upon each renewal.

The Contractor shall assume responsibility for loss of or damage to Contractor-furnished aircraft and equipment, except where caused by the negligence of U.S. Government employees or agents.

The Contractor shall indemnify and hold harmless the Government, its officers, enlisted personnel, agents, and employees against and from any claims, costs, demands, liabilities, expenses, suits, or legal actions (including lawyers' fees) arising from the death of, or injury to, any persons including the Contractor's personnel, and/or loss of, or damage to the property of any persons, including the property of the Contractor and the U.S. Government resulting from any act, omission, or event connected with the performance of services hereunder by the Contractor or any subcontractor or third party employed by the Contractor; provided however, (i) the Contractor assumes no responsibility or liability whatsoever hereunder for any loss of or damage to the U.S. Government's property or the death of, or injury to, the U.S. Government's employees or agents caused by the negligence or acts of the U.S. Government's employees or agents, and (ii) the extent of the Contractor's responsibility or liability to the U.S. Government under this clause shall be limited to the amounts of any insurance coverage specified in this contract. Liability and indemnification obligations are governed by applicable FAR clauses incorporated into this contract.

4.14. Enterprise-Wide Contractor Manpower Reporting Application (ECMRA). The Contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services under this contract via the ECMRA secure data collection site. Contracted services excluded from reporting are based on the following Product Service Codes (PSCs):

· W – Lease/Rental of Equipment

· X – Lease/Rental of Facilities

· Y – Construction of Structures and Facilities

· D – Automatic Data Processing and Telecommunications (D304 and D322 only)

· S – Utilities only

· V – Freight and Shipping only

Reporting inputs shall cover labor executed during each Government fiscal year (October 1 through September 30). All data shall be reported no later than October 31 of each calendar year via: https://www.sam.gov

5. Security (Industrial, Personnel, Physical, Information, and Antiterrorism/Force Protection)

5.1. General Security Information: The majority of daily work associated with this PWS is at the unclassified level. Access to classified information is NOT authorized on this contract.

5.2. Citizenship and Clearance Requirements: All personnel that will have Information Technology (IT)/Automated Data Processing (ADP) privileged access (i.e. Privileged Users) to US Information Systems (IS), and/or classified information, classified systems, or classified areas, shall be US citizens. Foreign Nationals or Local Nationals employed by the DoD are not authorized to have privileged access to US Information Systems. Non-US citizens are not eligible for Common Access Cards (CACs) unless they meet the parameters stated in Department of Defense Manual (DoDM) 1000.13, Volume 1.

5.3. Information Systems (IS) Roles/Categories and Associated Suitability Requirements (Federal Investigative Standards): Contractor personnel with IA administrative privileges and/or who will monitor DoD IT systems or software as designated by DoD Instruction 8500.01 and DoD Manual 5200.02 may be rated at the various levels listed below. The IS roles/categories and the number of personnel assigned to each role is approved by the COR or the CO before the start of the contract/task order. The contractor shall comply with the appropriate provisions of applicable security regulations while assigned to this contract/task order for DOD and USTRANSCOM. The following guidance will be followed when determining background investigation levels for this contract/task order depending on requirements:

NOTE: USTRANSCOM Joint Security Office (TCCS-S) will initiate/administer Tier 1 investigations to determine CAC eligibility only, classified access will not be granted based on the Tier 1 investigation. Tier 5 investigations are the responsibility of the contractor. It is incumbent upon the contractor to have the appropriate investigation completed upon the start of the contract/task order.

5.4. Common Access Card (CAC) Issuance Procedures (If necessary during contract performance):

a) Facility Security Officer (FSO) will verify, via the DOD personnel security system of record, contractors on the contract/task order have the required background investigation to obtain a CAC and provide those names to the CO/COR. Contractors that require a Tier 5 investigation is the responsibility of the contractor. Contractors that only require a Tier 1 as determined by the FSO will submit to the TCCS-S Personnel Security Program Manager (through the CO or COR) an OF Form 306 (Declaration for Federal Employment) and a MP ICAM Form 1 with Section 1 completed. TCCS-S will initiate the SF-85 (questionnaire for Non-Sensitive Positions) via the National Background Investigation Services (NBIS) for completion and submission to DCSA, for Tier 1 investigations only.

b) At the same time, the contractor company will coordinate and obtain electronic fingerprinting for their employee. The third-party company will “electronically” capture the applicant’s fingerprints, using the USTRANSCOM (Submitting Office (SON), Security Office (SOI), and Agency Location Code (ALC)). Hardcopy fingerprint cards are NOT acceptable. These steps shall be completed before the COR/Mission Partner Affiliation Sponsor (MPAS) accesses the Mission Partner Identity, Credential, and Access Management (MP ICAM) system to create a CAC application.

c) Basic US Citizen Contractor CAC Requirements:

1. Requires access on a continual basis of 6 months or more.

2. Contractor personnel require access to a DoD facility or networks, either on-site or from a remote location.

3. Users need access to systems for platforms that requires CAC login or user authentication.

d) Basic Non-US Citizen Contractor CAC Requirements:

1. Meet (as direct/indirect DoD hire personnel), as identified in the DoDM 1000.13, Volume 1, the investigative requirements for DoD employment as recognized through international agreements pursuant to DoDI 1400.25, Civilian Personnel Management, Volume 1231. In addition to these investigative requirements, a fingerprint check against the FBI criminal history database, an FBI investigations files (name check search), and a name check against the Terrorist Screening Database shall be required prior to CAC issuance IAW Office of Personnel Management Memorandum, “Final Credentialing Standards for Issuing Personal Identity Verification Cards under HSPD-12”, July 31, 2008.

2. Possess (as foreign military, employee, or contract support personnel), a visit status and security assurance that has been confirmed, documented, and processed IAW international agreements pursuant to DoDI 1400.25, Civilian Personnel Management.

CAC Applications:

1. The CAC applications (MP ICAM Form 1 with Section 1 completed) must have an adjudication Tier 1 or Tier 5 background investigation posted in the DoD personnel security system of record, or

2. An interim CAC may be approved when the contractor employee has a favorable fingerprint, name and criminal records check completed and has either a Tier 1 or Tier 5 background check “open” with DCSA.

3. The MP ICAM MPAS will not approve the CAC applications in MP ICAM until that MPAS has verified, with a member of USTRANSCOM TCCS-S, one of the above requirements.

5.5. Visits by Contractors to USTRANSCOM/SDDC Buildings (If necessary during contract performance): Any visit(s) by contractor personnel assigned to this contract/task order will submit the name(s), social security number(s), date of visit, and POC coordinating visit to the COR. COR will (1) work with TCCS-S Joint Security Desk on obtaining escort badges upon check-in and (2) conduct escort duties during contractor visit.

5.6. Security and Emergency Operations Training: USTRANSCOM Contractor personnel shall…