Attach-1_PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

THULE AIR BASE SEALIFT

9 February 2017

1 Scope The scope of this requirement is all management, labor and services to accomplish the functions and responsibilities of receiving cargo from vendors, providing in-transit origin storage, loading/offloading and transporting United States (US) Government and US Government Sponsored cargo to and from Denmark and Thule Air Base (AB), Greenland.

2 General Requirements The requirements have been organized in a manner that facilitates clear and concise description. The grouping of requirements is not intended to imply a preferred organizational structure. In addition, the requirements of one section may apply to some or all contractor operations.

Any reference to “Government” within this Performance Work Statement (PWS) is intended to be reference to the Government of the United States of America unless otherwise specified.

In any dispute arising out of this contract, the decision of which requires consideration of questions of law, the rights and obligations of the parties shall be interpreted in accordance with the substantive laws of the United States of America.

2.1 Non-Personal Services

This is a non-personal services contract as defined in Federal Acquisition Regulation (FAR)

37.101. The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it is the contractor’s responsibility to notify the Procuring Contracting Officer (PCO) in writing immediately.

2.2 Vessel Registry

In accordance with the Cargo Preference Act of 1904 (10 U.S.C. 2631) ONLY US FLAG VESSELS SHALL BE USED for the ocean transport of cargo between Denmark and Greenland.

If use of a US FLAG VESSEL is not proposed: In accordance with Danish Cabotage Law ONLY VESSELS HAVING DANISH (INCLUDING GREENLANDIC) REGISTRY SHALL BE USED for the ocean transport of cargo between Denmark and Greenland. Danish Registry is defined herein as "Danish (including Greenlandic) ships and/or vessels, which are owned and operated by Danish (including Greenlandic) firms and registered in the Kingdom of Denmark."

Failure to use either a US Flag or Danish Registry vessel, may result in violations of the Cargo Preference Act and Danish Cabotage Law, with potential penalty.

2.3 Government Multifunctional Team (MFT) Members

The Government MFT manages the contract, assesses performance and works to improve customer support. The MFT is comprised of Government representatives including the Program Manager (PM), Procuring Contracting Officer (PCO), Quality Assurance Manager (QAM), and Contracting Officer’s Representatives (COR).

Appointed CORs from the functional area receiving the contract services will participate in the administration of this contract specifically to evaluate contractor performance, inspect the services for the Government, and provide a report of inspection to the Contracting Officer (CO). This designation does not include authority to direct and/or authorize the contractor to make changes in the scope or terms of the contract without the written authority of the CO. The contractor will be notified in writing by the CO of the names, duties, and limitations of the CORs.

Inspection and acceptance of the services required by the PWS will be performed at contractor’s origin storage facilities in Denmark by the Government Contracting Office to ensure proper storage, security and packing of containers; as well as at Thule AB by the COR.

2.4 Standards and Publications

The contractor shall comply with all directives listed as referenced under PWS paragraph 3. If a referenced directive requires compliance with one or more secondary directives, those secondary directives shall be used as guidance and are not mandatory unless specifically required within this PWS. If no standard is explicitly listed for a requirement contractor operations will comply with industry or commercial standards.

When directive chapters, paragraphs, appendices, attachments, etc are referenced as a standard (STD) in this PWS, the STD shall be inclusive of all subordinate paragraphs unless specifically excluded. For example, if the PWS STD lists paragraph 1.2 and paragraph 1.2 has subparagraphs 1.2.1, 1.2.1.1 and 1.2.1.2, those subparagraphs are directive.

The contractor shall stay up to date on all directive updates. All contractor operations shall comply with the current version of the directives. The contractor shall notify the CO in writing within 30 days of directive revisions, changes, supplements and rescissions. If there is any cost impact resulting from such revisions, changes, supplements and rescissions the contractor shall provide the cost information with the notification. If the CO is not notified in writing within 30 days, the contractor shall perform in accordance with directive revisions, changes, supplements and rescissions at no increase to contract price.

Days referenced in this PWS shall be calendar days, unless otherwise noted.

Cargo referenced in this PWS is US Government or US Government sponsored cargo.

2.5 Business Relations

The contractor shall integrate and coordinate all activity needed to execute the requirement. The contractor shall manage the timeliness, completeness and quality of problem identification and resolution. The contractor shall provide corrective action plans, proposal submittals, and timely identification of issues. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

2.6 Contract Administration

The following subsections specify requirements for contract requests and contracted rates and basis.

2.6.1 Contract Requests

The contractor shall respond to Government requests for contractual actions as defined by the CO.

The contractor shall have a single point of contact for contract administrative duties.

2.6.2 Contracted Rates and Basis

Services shall be provided to the US Government at the rates stipulated in Price Schedule. The shipping rates listed in Price Schedule shall include all costs incident to delivery from "dock-to-dock." Whereas the Sealift contractor performs offloading and loading of all vessels at Thule AB during established port season/hours, the US Government shall not be charged separately for such offloading and loading.

The applicable shipping rates charged will be determined on the basis of cubic measure (cubic meter - M³) when the cargo weighs less than six hundred (600) kilos (approximately 1,320 pounds) per cubic meter and on the basis of weight measure (kilograms - KG) when a cubic meter weighs six hundred (600) kilos or more EXCEPT that the ratio for lumber is eight hundred (800) kilos per cubic meter.

2.6.3 Rental Containers

All containers being rented will be stored at Thule AB and shall be returned to the contractor on the last cargo ship of the contract.

2.7 Contractor Personnel, Disciplines, and Specialties

The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with appropriate combinations of education, certifications, training, and experience.

2.7.1 Employee Identification

There is no requirement to enter the Government installation in performance of this contract.

Employees will, wear in plain view on the upper portion of the outer garment a metal or plastic identification badge to be furnished by the contractor containing the company name, employee's name, or company identification number of employee, if any. Departure from ship by contractor personnel onto main base shall be coordinated prior with Danish Liaison Officer and security forces.

2.7.2 Security Screenings

There is no requirement to enter the Government installation in performance of this contract.

However, in the event of an unforeseen circumstance the following is required. All non-US personnel must pass a "Medium Screening" by the Danish Ministry of Foreign Affairs in order to qualify to enter the installation. Evidence of screening will be provided annually to the CO by 1 Jun and will be in the possession of the contractor when in port at Thule AB and available for Government review.

2.7.3 Country Clearances

There is no requirement to enter the Government installation in performance of this contract.

However, in the event of an unforeseen circumstance the following is required. All US personnel must acquire a country clearance per 821 SPTS/LG requirements in order to qualify for employment. Evidence of screening will be provided annually to the CO by 1 Jun and will be in the possession of the contractor when in port at Thule AB and available for Government review.

3 Performance Requirements The following section specifies the performance requirements for the contract.

3.1 General

3.1.1 Designate the port(s) of embarkation in Denmark and location of origin storage.

Port of embarkation and origin storage could be same location. For all cargo shipments to Thule

AB.

Performance Standards

a) STD: 15 days prior to contract start

b) STD: To the CO in writing

3.1.2 Provide a valid Polar Ship Certificate for all vessels to be used each port season.

Performance Standards

a) STD: Annually, no later than (NLT) 1 June to the CO

b) STD: In accordance with (IAW) the International Code for Ships Operating in Polar Waters (Polar Code) paragraph 1.3

c) STD: Must either be English or include a translation into English

d) STD: Certificate and any associated survey must consider the intended route/locations established by the requirements of this contract

3.1.3 Secure and protect all cargo while in the custody of the contractor.

Includes the origin storage, port(s) in Denmark, ocean freight transport and destination handling during loading/offloading.

Performance Standards

a) STD: From loss, theft and/or any other damage, including adequate protection of cargo against inclement or unusually severe weather

3.1.3.1 Provide proof of insurance.

Performance Standards

a) STD: Annually, NLT 1 June to the CO

b) STD: IAW DFARS 252.247-7007

3.1.4 Report Contractor direct labor hours and dollars (to include Subcontractor hours and dollars) required for performance of services provided under this contract.

Fill in all required data fields. Information provided is considered to be proprietary in nature when the contract number and Contractor identity are associated with the direct labor hours and direct labor dollars.

Performance Standards

a) STD: Annually; NLT end of fiscal year (EOFY) + 30 days

b) STD: Using Electronic Contractor Manpower Reporting Application (eCMRA) at https://afcmra.hgda.pentagon.mil/

3.2 Cargo Receipt, Processing, Loading, Transport and Offloading

3.2.1 Receive cargo at origin storage in Denmark.

Cargo will be duly packed by the vendor for export shipment by ocean vessel and will be marked, labeled, and accompanied by freight warrant(s) and export certificate(s) at time of delivery to the origin storage.

Performance Standards

a) STD: Coordinate delivery/receipt schedule with the vendor after receipt of documentation, such as bills of lading

b) STD: Notify vendor and CO in writing within 48 hours of any cargo that is damaged upon receipt

c) STD: Notify vendor and CO in writing within 48 hours of any cargo that is improperly packed for ocean transportation or not accompanied by the required documentation

3.2.1.1 Provide the final date(s) of acceptance of cargo for each vessel.

Performance Standards

a) STD: Annually, in writing to the CO by 1 May

3.2.2 Store cargo at origin storage.

Performance Standards

a) STD: From time of delivery from the vendor until time of shipment

b) STD: Includes all types of cargo to include, but not limited to, general cargo, construction materials, frozen and chilled cargo

3.2.3 Process, handle and prepare necessary cargo documentation prior to loading cargo for shipment.

Includes manifests, bill of ladings, booking requests, stowage plans and receiving reports.

Performance Standards

a) STD: For cargo shipments to Thule AB and cargo return to Denmark

3.2.4 Load cargo destined for Thule AB into containers and onto ocean vessel.

Performance Standards

a) STD: Manufacturer’s recommendations and commercial standards

b) STD: Containers must be packed as full and optimal as possible

c) STD: To the extent possible containers must be packed with contents from the same vendor

3.2.5 Transport cargo via ocean vessel.

Estimate of projected quantities/types of cargo will be Government-furnished annually by 1 May by the CO in writing.

Performance Standards

a) STD: Using vessels appropriately rated for the severe ice conditions present in the Greenland waters

b) STD: IAW the International Code for Ships Operating in Polar Waters (Polar Code)

3.2.6 Deliver and offload cargo at Thule AB.

Exact dates and hours of port operation at Thule AB will be Government-furnished annually by 1 May by the CO in writing. Thule AB port operates approximately 60 days normally between 1 July and 1 September.

Performance Standards

a) STD: During the port season and port operating hours

b) STD: Delivery point at Thule AB is “on the pier”

c) STD: All offloading will be performed by the Sealift contractor IAW manufacturer’s recommendations and commercial standards

d) STD: For any services rendered by the Thule Base Maintenance Contractor (BMC) outside the normal port season or operating hours, the reimbursement for direct labor, material, equipment or vehicle charges are a matter between the BMC and the Sealift contractor, and are not billed against this contract

3.2.6.1 Coordinate arrival and departure dates.

Performance Standards

a) STD: Mutually agreed to between contractor and CO annually by 15 May

3.2.6.2 Notify the Thule BMC of estimated time of arrival for all cargo vessels.

BMC contact information will be Government-furnished annually by 1 May by the CO in writing.

Performance Standards

a) STD: NLT 24 hours in advance

3.2.7 Load cargo destined for Denmark onto ocean vessel.

Performance Standards

a) STD: Manufacturer’s recommendations and commercial standards

3.2.8 Deliver and offload cargo at port in Denmark.

Performance Standards

a) STD: Delivery point in Denmark is the port of embarkation as defined in PWS para 3.1.1

b) STD: All offloading will be performed by the Sealift contractor IAW manufacturer’s recommendations and commercial standards

c) STD: Coordinate delivery/pickup schedule with the vendor

Appendix 1 - Abbreviations and Acronyms

821 SPTS/LG 821st Support Squadron, Logistics AB Air Base ACO Administrative Contracting Officer BMC Base Maintenance Contractor CO Contracting Officer COR Contracting Officer’s Representative DFARS Defense Federal Acquisition Regulation Supplement eCMRA Electronic Contractor Manpower Reporting Application EOFY End of Fiscal Year FAR Federal Acquisition Regulation IAW In Accordance With KG Kilograms Kilos Kilograms M³ Cubic Meter MFT Multi-Functional Team NLT No Later Than PCO Procuring Contracting Officer PM Program Manager PWS Performance Work Statement QAM Quality Assurance Manager STD Standard US United States

Appendix 2 - Definitions

CARGO: US Government and US Government sponsored cargo

CEMENT: Cement, sand and other heavy products packed in sacks with a weight of more than 1,000 kilograms per cubic meter.

CHILLED CARGO: Subsistence items that require a temperature of between 2 and 5 degrees Celsius during transportation.

DANGEROUS/HAZARDOUS CARGO: Certain types of paint, turpentine, asphalt products, dynamite, etc.

DEMURRAGE: (1) The detention of a ship or vessel by the US Government beyond the time allowed for offloading and loading at ports in Greenland. (2) The charge(s) for the detention of a ship or vessel caused by the US Government beyond the maximum time allowed for offloading and loading at ports in Greenland.

FROZEN CARGO: Frozen subsistence items that require a temperature lower than -18 degrees Celsius during transportation.

GENERAL CARGO: Cargo that is not separately listed below.

IRON: Iron or steel in various lengths and sheets.

LUMBER: Beams, two by fours, rafters and braces.

“ON THE PIER”: All cargo being off/on loaded by the Sealift Contractor is placed directly on the pier or placed on trailer by direction of port master.

PIPES: All types of various size metal and/or plastic pipe with or without insulation.

US GOVERNMENT AND US GOVERNMENT SPONSORED CARGO: All cargo purchased by US Government and contractors in direct support of US Government contracts.

VENDOR: The supplier entity that delivers US Government and US Government sponsored cargo to the port of embarkation to be sent from Denmark to Greenland.