Attachment_1_-_PWS_Draft_Fixed-Wing_Aircraft_Zone-5.pdf

NORTH WARNING SYSTEM AIRLIFT

FA4890-14-R-0004

Fixed-Wing Air Transportation Services Zones 5

PERFORMANCE WORK STATEMENT

AS OF 19 MARCH 2015

The PWS applies to fixed-wing air transportation service across the North Warning System sites (Appendix 2) to the North Warning System Operations & Maintenance (NWS O&M) Contractor in Canada. Appendix 1 provides specific guidance for the Zone 5 area of service.

1.0 DESCRIPTION OF SERVICES

1.1. The Contractor shall provide all personnel, services, equipment, tools, oil, facilities, supervision and direct materials necessary for the performance of the air transportation services hereunder, including sufficient number of ground personnel for adequate maintenance and ground operation, except as otherwise noted in this contract. The Contractor’s price includes all costs of performance (including spares, aircraft basing, lodging, crew rotation costs, and aircraft heaters) and costs for fuel handlers, except for items covered under reimbursable expenses.

1.1.1. The Contractor must comply with the provisions of the Canada Transportation Act, S.C.

1996, c. 10, the Aeronautics Act, R.S.C. 1985, c. A-2, the Canadian Aviation Regulations, SOR/96-433 and with all regulations, directions, orders and rules made pursuant to those Acts which are applicable to the services to be performed under the Contract. In particular, the Contractor must hold a valid Air Operator Certificate issued by Transport Canada and a valid license issued by the Canadian Transportation Agency. Carriers must comply with Commercial Air Standards 702, 203, & 704 as applicable for the specific operational requirements required by this contract and the type of aircraft used.

1.2. Prior to contract start the Contractor shall furnish the Contracting Officer/Contracting Officer’s Representative (CO/COR) with the name, address, and telephone number of an agent who will serve as a liaison between the Contractor and the CO/COR. The agent must have authority to schedule contract services. The agent shall be available by telephone at all times.

1.3. Contractor uncontrollable delays/diversions. In the event a flight is delayed/diverted because of weather or other uncontrollable factors, a minimum waiting period of four (4) hours is required before a flight can be canceled. The final decision for flight cancellation due to weather rests with the aircraft commander. Canceled flights shall be rescheduled and operated within 24 hours or as mutually agreed between the Contractor and the Operations and Maintenance (O&M) Contractor on the direction of the Government. The requirement to give 48 hours written/email notice pursuant to paragraph 1.14, does not apply to cancelled flights described in this paragraph.

1.3.1. If the crew must remain overnight (RON) through no fault of the Contractor or at the specific request of the CO/COR or HQ ACC AMIC Det 1personnel, the Contractor will be reimbursed per diem rates consistent with Treasury Board of Canada, www.tbs-sct.gc.ca. Food and lodging arrangements are the Contractor’s responsibility at the Base of Operations. The Government will reimburse the Contractor in accordance with the contract schedule.

Fixed-Wing Air Transportation Services Zones 5

1.4. A delay is deemed to have occurred at the originating or en route station if the Contractor’s aircraft departs the blocks more than 20 minutes (120 minutes when the flight was scheduled with less than 48 hour notice) after the scheduled departure time, except in those instances when the aircraft arrives at the next scheduled destination on time. Delays at originating and en route stations caused by factors beyond the control and without fault or negligence of the Contractor shall be considered as Contractor uncontrollable; a delay for any other reason shall be considered Contractor-controllable. Immediately following a delay an Aircraft Unavailability Record (Attachment 2) will be completed.

1.4.1. Flight delays/diversions caused by such events as maintenance (planned or un-planned), equipment failure, and crew problems are considered Contractor controllable delays and shall be at the Contractor’s expense.

1.5. The Contractor shall maintain a 90% reliability rate computed annually by subtracting the total number of Contractor-controllable delayed departures at the originating and en route stations from the Contractor’s total number of scheduled departures and stating this as a percentage of total departures.

1.5.1. When an aircraft is unavailable for a period of more than 48 hours with no substitution pursuant to FAR 52.212-4, the cost to the government for that flight will be reduced by 5% for each day the flight is delayed to a maximum reduction of 30%. Should the rescheduled flight differ in mileage, the penalty will not apply to mileage over the original schedule.

1.5.2. Failure to maintain a 90% schedule reliability rate or the unavailability of service in excess of 72 hrs. will be reason for terminating the contract pursuant to FAR 52.212-4; however, nothing in this paragraph shall limit the right of the Government to terminate this contract for cause for other reasons or to limit any other rights and remedies provided the Government by law or under this contract.

1.5.3. The Contractor may refuse any mission for safety reasons. However, missions must be rescheduled and flown as agreed to by NWS O&M Contractor.

1.6. The Contractor will obtain a flight number from the NWS O&M Contractor prior to leaving the base of operations. This flight number will remain unchanged until the aircraft returns to where the mission originated (or as arranged with the O&M contractor or the NWS Office).

1.7. The aircraft offered for the performance of this contract shall be Instrument Flight Rules/ Visual Flight Rules (IFR/VFR) equipped. A List of Aircraft (Attachment 3) will be submitted to (or updated through) ACC AMIC/PKB for approval prior to aircraft being used for mission purposes.

Fixed-Wing Air Transportation Services Zones 5

1.8. The Contractor shall be required to carry a survival kit and two fire extinguishers on the aircraft.

1.9. The Contractor shall be responsible for the removal, from all North Warning System (NWS) sites, of all hazardous, unused and waste materials owned or generated in the operations of the Contractor owned aircraft. Examples of such materials include, but are not limited to, unserviceable aircraft component and parts, used engine fluids, and any used or unusable petroleum, oil, and lubricants (POL) products.

1.10 The Contractor shall provide a daily flight log within 24 hours upon completion of each mission to the NWS O&M Contractor through the Logistic Support Site (LSS) Manager. Flight Logs will include any required per diem, lodging and landing fees. If commercial fuel is acquired, then the Contractor shall annotate the amount (liters), cost and location of where the fuel was purchased.

1.10.1. Cancelled flights will be documented on a flight log showing zero miles flown (Attachment 1), and included in the invoice package. Such logs shall indicate the date of cancellation and the specific reason for cancellation in the remarks section. Flight’s cancelled “due to weather” will include a copy of the specific weather report leading to cancellation.

1.11. PROHIBITED ACTIVITIES

1.11.1. All air carrier employees are prohibited from possessing alcoholic beverages on any North Warning System site.

1.11.2. Weapons are normally prohibited on North Warning Sites. The Contractor must ensure that weapons are secured at all times in a designated area as determined by the O&M Contractor.

1.11.3. Smoking is allowed in designated areas only.

1.12 LIABILITY FOR PERSONAL CARGO.

1.12.1 Contractor shall be responsible for the loss and/or damage to the passenger baggage and personal equipment while such items are in his custody or on board his aircraft. Liability for these items is limited to the actual value thereof, not to exceed $2,800.00 US per passenger. In the event it should become necessary to off load passengers at any location or station, other than at the direction of the Contracting Officer, the Contractor shall be responsible for such off loading, passenger care, and safeguarding personal baggage from loss, theft, and/or weather damage, reloading, and all costs incident to such services until such time as the Contractor moves or causes to be moved such passengers to their intended destination or to such other location as directed by the Contracting Officer. The Contracting Officer shall be notified immediately of any offloading.

Fixed-Wing Air Transportation Services Zones 5

1.13. RESPONSIBILITY FOR GOVERNMENT CARGO.

1.13.1To the extent insurance required by this contract is not required for payment of third party claims, the balance of said insurance shall apply to Government cargo loss, damage or destruction thereto. In the event of an accident, the Contractor shall be responsible for providing continuous protection of all cargo aboard the aircraft and for delivery of the cargo to the point designated by the COR or HQ ACC AMIC Detachment 1 personnel.

1.14 FLIGHT SCHEDULE

1.14.1. The North Warning System Operations and Maintenance Contractor will provide the Contractor with a tentative flight schedule for the following month. At least 24 hours prior to the scheduled departure time, the O&M Contractor and the airlift Contractor shall mutually agree to the actual flight departure time to include flexibility in preparing airlift to other sites in case of inclement weather conditions for the primary scheduled destination. The Contractor shall not initiate any action to perform any work under this contract, which would exceed the contracted amount.

1.14.2. The nature of NWS will occasionally require flights to be added to the monthly schedule after publication. The government (through the O&M Contractor) will provide at least 48 hours’ notice for all requested flights that are not on the monthly schedule. The Contractor shall have the aircraft positioned and ready to take on passengers or cargo in accordance with this PWS and shall meet all scheduled take-off times. The 48 hour notice requirement is meant to provide the Contractor flexibility in aircraft positioning. It should not be interpreted as a Contractor restriction. The Contractor should accept flying requests with less than 48 hours’ notice when capable.

1.14.3. ACC AMIC Det-1 personnel retain the authority to amend any direction given to the Contractor by the O&M Contractor. CO/COR/AMIC Det-1 representatives reserves’ the right to schedule a flight if deemed it serves the best interests of the USAF/CF for the NWS; this request may supersede any requests made by the NWS O&M Contractor and will be coordinated with the NWS O&M Contractor and DND at least 48 hours prior to the newly scheduled flight departure time.

1.15. MINISTRY OF TRANSPORTATION (Transport Canada)

1.15.1 Following the completion of any Civil Aviation Agency inspection, copies of the inspection report shall be forwarded to the Contracting Officer, HQ ACC AMIC/PKB, 11817 Canon Blvd. Ste. 306, Newport News, VA USA 23606.

2. DELIVERABLES/SERVICE DELIVERY SUMMARY

Fixed-Wing Air Transportation Services Zones 5

2.1 DELIVERABLES MANAGEMENT

The Contractor shall provide deliverables as specified in the Table 1. If a deliverable due date falls on a weekend or holiday, the Contractor shall submit the deliverable on the last work day prior to the due date.

TABLE 1 – DELIVERABLES

Deliverables PWS

Reference Delivered To Due Date

Daily Flight Log (Attachment 4)

1.10 LSS Manager

HQ

AMIC/DET 1

& WAWF

• Within 24 hours of flight completion (to LSS manager)

• As part of Invoicing Package

Cost Summary Report (Attachment 5)

4.5.1 HQ

AMIC/DET 1

& WAWF

• 100% Inspection

Reliability Rating 1.5.1 HQ

AMIC/PLG

and Det 1

• Contractor shall maintain a 90% reliability rate computed annually

Reimbursable Expense Receipts

1.4, 4.5 HQ

AMIC/DET 1

and WAWF

• As part of Invoicing Package

Aircraft Unavailability Record (Attachment 2)

1.4 LSS Manager

HQ

AMIC/PLG,

PKB, Det 1

• Within 24 hours of mission completion or cancellation

List of Aircraft (Attachment 3) 1.7 HQ

AMIC/PKB

• Prior to Contract start and any updates to aircraft fleet

2.2 SERVICES SUMMARY (SS). This SS implements AFI 63-138, Acquisition of Services, and identifies critical success factors for the contract. The SS items are listed in the table 2.

2.2.1 PURPOSE. The SS lists performance objectives for the required services the Government will survey. The absence of any contract requirement from the SS shall not detract from its enforceability nor limit the rights or remedies of the Government under any other provision of the contract including the clauses entitled “Inspection of Services” or “Inspection” or “Default” in Section E and Section I of the contract.

Fixed-Wing Air Transportation Services Zones 5

2.2.2 Components. The SS states the performance objective (required service), and threshold (performance standard, accept and reject points (if applicable)) in either a qualitative or quantitative fashion for each critical success factor.

2.2.3 Quality Assurance Surveillance Plan. The SS shall be used as the baseline to develop the Government Quality Assurance Surveillance Plan. The Plan shall identify the audit methods and procedures the Government will use to evaluate the Contractor's performance.

2.2.4 RIGHT TO SURVEIL. The Government reserves the right to survey all services and requirements called for in this PWS IAW FAR Part 52.246 to determine whether the Contractor is meeting performance objectives and goals.

TABLE 2 – SERVICES SUMMARY

Performance Objective

Reference Paragraph

Performance Threshold

Perform all scheduled missions.

1.1 100% of the time.

The Contractor shall maintain on-time schedule reliability.

1.5.1 90% reliability rate computed annually

Develop and submit all required deliverables

2 Performance is acceptable when:

a) 100% of deliverable requirements are met and received on time

AND

b) critical information is accurate

3. GOVERNMENT FURNISHED PROPERTY AND SERVICES

3.1. The Canadian Government, through the NWS O&M Contractor, shall provide:

3.1.1. 115V electricity and electrical hook-up, at some NWS sites.

3.1.2. Coordination of all hazardous material shipments with the Contractor.

3.1.3. Aviation fuel will be provided at no cost to the airlift Contractor.

3.1.4 Government or NWS O&M Contractor personnel will provide the Contractor a list of personnel and cargo authorized for flight prior to boarding or loading. The Contractor shall not permit any unauthorized personnel or undocumented cargo to board the aircraft.

Fixed-Wing Air Transportation Services Zones 5

3.1.5. Should circumstances require crews to remain overnight on site, food and lodging is provided at Cambridge Bay and Hall Beach for Contractor personnel involved in the performance of this contract. The Contractor is responsible for their toiletries and towels.

(Washer and dryers are available.) When operating from Iqaluit, Inuvik, or Goose Bay, food and lodging will be at the Contractor’s expense on a NON-cost reimbursable basis. Food and lodging at all other locations will be at the Contractor’s expense on a cost reimbursable basis by the government when government accommodations are not available.

3.1.6. Landing Fees (Cost Reimbursable Expense). In the event the Contractor is directed by the CO/COR or HQ ACC AMIC Detachment 1 personnel to stop at a commercial airport, or other points, and is assessed a landing fee, the government will reimburse the Contractor for such landing fees and all en route navigational service charges, provided all receipts are provided.

4. GENERAL INFORMATION

4.1 NOTICE OF ACCIDENTS

4.1.1. DOD Missions. When a Contractor’s aircraft is involved in an accident or incident in support of a DOD mission as defined in 49 CFR, Part 830, the Contractor will transmit the following information by the most expeditious means available, to the Transportation Branch (757-225-2377) at HQ ACC AMIC/PLGT, 11817 Canon Blvd. Ste. 306, Newport News, VA USA 23606. On the next business day, notify the CO at HQ ACC AMIC/PKB (757-225-3913), the COR at HQ ACC AMIC/PLG (757-764-9490), and the HQ ACC AMIC Detachment 1 (819) 939-4500.613-296-2149.

4.1.1.1 Carrier and trip number

4.1.1.2 Aircraft type and number

4.1.1.3 Date and time of the accident

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

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

4.1.1.6 Total number of crewmembers and passengers on board.

4.1.1.7 Number of injured and fatalities aboard the aircraft.

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

Fixed-Wing Air Transportation Services Zones 5

4.1.2 Notice of Accidents - Non - DOD Missions. When a Contractor's aircraft is involved in an accident or incident in support of a non-DOD mission, as defined in 49 CFR, Part 830, the Contractor will transmit the information in paragraph 4.2.1 above, by the most expeditious means available on the next business day to HQ ACC AMIC/PLGT (757-225-2377), the CO at HQ ACC AMIC/PKB (757-225-3913), the COR at HQ ACC AMIC/PLG (757-764- 3913), and the HQ ACC AMIC Detachment 1 (819-939-4924 / 819-939-4922).

4.1.3. Aircraft Medical Incidents. Report all aircraft medical incidents in flight, or while DOD passengers are under control of the aircraft captain, to the HQ ACC AMIC Detachment 1 819-939-4924/819-939-4922), the CO at HQ ACC AMIC/PKB (757-225-3913), and the COR at HQ ACC AMIC/PLG (757-764-9490) within 48 hours.

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

US Army: (800) 626-3317 US Navy: (800) 368-3202 US Marines: (800) 847-1597 US Air Force: (800) 433-0048 Coast Guard (USCG):

Atlantic Area Op’s Center: (757) 398-6390 (accidents east of Mississippi River) Pacific Area Op’s Center: (510) 437-3701 (accidents west of Mississippi River) A scanned informational copy shall be provided via email to the Transportation Branch (757- 225-2377) at HQ ACC AMIC/PLGT at accamic.lg@langley.af.mil.

4.2 INSURANCE

4.2.1. The Contractor shall procure and maintain a level of insurance coverage commensurate with the commercial standard and in accordance with the Government of Canada’s statutory limits during the entire period of performance under this contract.

4.3 NOTICE OF POST-AWARD/ PRE-PERFORMANCE CONFERENCE

4.3.1. The Contractor shall attend a Post-Award conference conducted by the CCC with the HQ ACC AMIC Contracting Officer, Contracting Officers Representative and HQ ACC AMIC Detachment 1 personnel in attendance. The Contractor shall be notified of the exact time and location of the conference at least 2 weeks prior to the scheduled conference date. The Contractor shall bear all costs associated with attendance of the conference, including travel and per diem.

Fixed-Wing Air Transportation Services Zones 5

4.4 PERFORMANCE OF SERVICE DURING CRISIS DECLARED BY THE PRESIDENT

OR SECRETARY OF DEFENSE OR OVERSEAS COMBATANT COMMANDER

4.4.1. In the event of a declared crisis, the Contractor is not relieved from the requirements of this contract. The Contractor providing services designated as essential by the North Warning System Office (NWSO) or Air Combat Command (ACC) is expected to use all means at its disposal to continue to provide services, in accordance with the terms and conditions of the contract during periods of crisis, or until appropriately released by the contracting officer.

4.5 INVOICING

4.5.1. Cost Summary Report - The Contractor shall submit a bi-monthly flying/cost summary report within 15 days after completion of the overall mission containing the following information: (Attachment 5)

4.5.2. Total miles billed on current invoice and copy of flight logs for that period.

4.5.3. Copies of the cargo & passenger manifests indicating, at a minimum, a complete listing of all passengers and cargo carried. Accepted manifests will be of sufficient detail to support both a services audit and incident investigation. Miscellaneous cargo is not an acceptable label. The term “bags” or “baggage” may only be used to reference passengers’ personal gear. Contractor or government owned equipment or supplies will not be recorded as “baggage.”

4.5.4. Total of reimbursable expenses on current invoices and all applicable receipts.

4.5.5 Contract year to date total of miles and reimbursable expenses expended per CLIN and SUBCLIN and remaining balances per contract.

4.5.6. The Contractor shall provide a notice, when 75 % of the estimated quantity or total funded amount has been used. This notice shall be sent via fax or e-mail simultaneously to the HQ ACC AMIC/PKB, CCC, and HQ ACC AMIC/PLGT and HQ ACC AMIC Detachment 1.

4.6. METHOD OF MEASURING DISTANCE

4.6.1. I

Invoiced distances are the fixed Great Circle Statute Miles (GCSM) between landing sites, regardless of actual routing flown. Invoicing shall be made using the GCSM chart provided in Appendix 3. Errors in this chart should be brought to the Contracting Officer’s attention for modification.

Fixed-Wing Air Transportation Services Zones 5

4.6.2. In the event a flight is diverted or put in a holding pattern due to adverse weather conditions or other direction by the Government, payment will be calculated by multiplying flight time minutes times the block speed of the aircraft (see Attachment 3, List of Aircraft) then divided by 60, then multiplied times the unit price in the schedule. Flight time minutes shall be computed from block out to block in. Payment will then be made in accordance with the schedule.

4.7. CANCELLATIONS

4.7.1 In the event a flight is canceled prior to the scheduled departure time due to Contractor controllable reasons, movement of any aircraft into and out of scheduled service will be at the Contractor's expense. The Contractor shall notify the Contracting Officer Representative (COR) at (757) 225-2377 or Det 1. at (819) 939-4924 or (819) 939-4922 immediately of any delay of aircraft departure including the reason thereof. Should the Government cancel a scheduled flight after the Contractor's aircraft has already departed (has left the ground) its home base enroute to position, or has already positioned for a scheduled flight when notice of cancellation is given, the Government shall reimburse the Contractor for the entire scheduled positioning leg and depositioning leg, even if the aircraft does not arrive at the positioning destination, at the mileage rate set forth in the mileage CLIN in the schedule. The government will incur no liability for costs until the aircraft departs the base of operations to position at the scheduled location.

4.8. WEIGHT AND BALANCE OF ALL CARGO LOADS

4.8.1. The airlift Contractor shall supervise loading the aircraft and be responsible for proper weight and balance of all cargo loaded on the aircraft. Actual weight shall be used for each mission when transporting passengers and or cargo. Actual weight is defined as interrogated or scaled weight when transporting passengers. Scaled weight shall be used when loading and transporting cargo.