Attachment_4_-_PWS_AFRICOM_ADHOC_Short_Term.pdf

Attachment 4

Performance Work Statement (PWS)

HTC711-15-R-R021

UNITED STATES AFRICA COMMAND

PERFORMANCE WORK STATEMENT

USAFRICOM Ad Hoc Passenger Air Transportation Service-Short Term

22 May 2015

1. Description of Services:

1.1.1 The Contractor shall provide all aircraft, personnel, equipment, tools, material, maintenance, and supervision necessary to furnish air transportation services, throughout the USAFRICOM Area of Responsibility (AOR), Europe and Africa, or other destinations upon the request of the Government, via contractor-furnished aircraft. This includes all necessary expertise and personnel to accomplish the loading, unloading, load planning and manifesting of passengers and cargo.

1.1.2 The aircraft must be capable of flying from Stuttgart, Germany a range of 3200 nautical miles unrefueled with a minimum load of 10 passengers, fuel, and baggage; have a range to be able to go missed approach at destination and continue to a suitable alternate, and have an ACL of at least 3000 lbs. Reductions in range and/or ACL will be authorized depending on mission requirements. The aircraft cargo area must be capable of carrying up to 10 passengers and baggage, or up to 6800 lbs of cargo or a combination thereof. Aircraft cargo area must be reconfigurable based on customer needs. Cargo capability is to include ability to handle skid-loaded items up to 40 inches wide and 50 inches high. This requirement is for an aircraft provided on an ad hoc basis.

1.1.3 Aircraft must be fully self-supporting with internal passenger stairs, pressurized cabin, auxiliary power unit (APU) for self-starting, and an industry standard lavatory equipped with running water and flushing toilet system.

1.1.4 Aircraft must be capable of taking-off and landing on prepared surfaced runways as short as 7,000 ft and able to operate into airfields as high as 8,000 ft MSL.

1.1.5 Aircraft must be multi-engine; turbine powered and must be able to fly in Instrument Meteorological Conditions (Equipped for Instrument Flight Rules (IFR) flight).

1.1.6 Communication Requirements: Aircraft must be configured SATCOM communications (e.g. INMARSAT).

Any air time charges will be reimbursed under CLIN 0003.

1.1.7 Desired, but not required, Communications Equipment/Capabilities: Two additional and separate 64Kbps channels to support secure and/or non-secure voice and data operations simultaneously, with a communication system that includes the ability to manage the bandwidth separately or in a bonded mode, to the greatest extent possible, to allow ease of access to internet and reach back via VPN to office domains.

1.1.8 Aircraft shall be pressurized and have an onboard emergency oxygen system readily available for passengers.

1.1.9 Aircraft interior cabin appointments, seats, and fixtures in the aircraft shall be maintained in a safe, clean, presentable condition. Specifically, unsightly wear, holes, and unmended tears are not acceptable. Aircraft shall be equipped with adequate tie down or restraint system for baggage.

1.1.10 Substitute aircraft. When the primary aircraft is not available for service, the Contractor shall provide adequate backup aircraft from either the Contractor’s own aircraft or by arrangement with other DoD approved carriers. For scheduled maintenance, a substitute aircraft must be provided to cover the time the primary aircraft is unavailable, unless authorized otherwise by the Contracting Officer. For any other unschedule maintenance event that make the primary aircraft unavailable, the contractor must provide a substitute aircraft within 48 hours of first learning of the unavailability, unless otherwise authorized by the Contracting Officer. Aircraft substituted by the Contractor on any one flight shall meet the minimum seating and/or equipment requirements for that flight.

Substitution of aircraft not listed in the List of Authorized Aircraft in the contract must be approved by the Contracting Officer.

1.1.11 Cancellations. The contractor shall not be reimbursed or compensated for flight cancellations unless the aircraft has actually begun the mission. In that case, the contractor will only be reimbursed for the actual use rate to return to point of origin.

1.1.12 Response Time. Schedules will be agreed upon by both government and contractor. The contractor will be paid at the rate identified in the schedule based on the date of notification and the actual mission execution date.

The aircraft cargo area must be reconfigurable by the contractor’s maintenance team within 12 hours of notification of mission profile.

1.1.13 DOD Approval and Additional Standards. The carrier operating the aircraft must be an approved DOD air carrier, as determined by HQ AMC/A3B and the Commerical Airlift Review Board (CARB), and must maintain this approval throughout the performance of this contract. The contractor shall comply with all FAA requirements or equivalent CAA requirements, and with all DOD additional standards as published on the following web site:

http://www.amc.af.mil/library/businesscustomers.asp

1.2 Payment Calculation:

1.2.1 The Great Circle Statute Miles (GCSMs) listed between the points in the Schedule are the accepted miles for the purposes of performance and payment under this contract.

1.2.2 Where a flight must be flown between points not included in the Schedule, distances will be determined by the use of GCSMs as computed and furnished by the Commercial Operations Integrated System (COINS).

1.2.3 If the flight is put in a holding pattern or diverted, payment will be calculated by multiplying flight time minutes times the block speed of the aircraft (provided by the contractor in the LIST OF AIRCRAFT) divided by 60 and then multiplied by the unit price. Flight time minutes shall be computed from block out to block in.

1.3 Scheduling and Mission Execution:

1.3.1 All mission planning and execution coordination should be between 603rd AMD and the contractor. The J3 should not go direct to the contractor except in instances of contract-related administrative issues. For the purpose of this paragraph, the term “Schedules” means the day and time of day of the flight operation. To the extent such schedules are not specified in this contract, they shall be established by mutual agreement between the Contractor and 603 AMD Flight Managers with information provided to the USAFRICOM Operations Center (J3) at least one

(1) calendar day prior to the desired departure date. Schedules may be given verbally or in writing. When schedules are given verbally, the Government will confirm the schedules in writing prior to mission departure. The 603 AMD will be responsive to AFRICOM J3 for any and all mission requirements planning, execution, and changes.

1.3.2 Mission Planning will be accomplished by the Contractor and passed to 603 AMD flight managers. The AMD flight managers will ‘push’ the mission into the GDSS2 (or G2) scheduling software for coordination with other branches and agencies. Contractor is responsible for obtaining diplomatic clearances, aircraft and aircrew clearances with assistance available from the J3, J5 and 603 AMD. The contractor shall be responsible for obtaining all overflight clearances.

1.3.3 At the close of business the day prior (Friday for the weekend), missions are considered in the ‘execution phase’. The 603 AMD Execution Cell will serve as monitoring agency for all missions. The pilot shall report all takeoff and landing times to the Execution Cell. The Execution Cell will provide all updates on mission status to the USAFRICOM JOC and J3 representative. The 603 AMD will coordinate mission changes with the Contractor then pass requested changes to the USAFRICOM JOC. The Execution Cell also handles all changes to missions or any other mission related issues once the mission is in the execution phase. The Execution Cell is a 24-hour control center. Their phone number is DSN 314-480-9292 (Comm: +49-6371-47-9292).

1.3.4 The Contractor shall not deviate from the scheduled points of landing without prior approval of the AFRICOM Deployment and Distribution Center (ADDOC) or 603 AMD except in a bona fide emergency

1.3.5 In the event a flight is canceled by the contractor prior to the scheduled departure time, or substitute service is used at the point of origination of the flight or en route, due to contractor controllable reasons, movement of any aircraft into and out of scheduled service will be at the Contractor’s expense. If substitute service is used the contractor will only be reimbursed up to the cost agreed upon in the contract, any additional cost will be absorbed by the contractor.

1.3.6 Extensions and En route Stops. The Contractor shall comply with all instructions issued by the J3 and 603 AMD pertaining to extensions of scheduled flights and en route stops. The contractor will be paid for additional miles flown and applicable stop charges resulting from Government directed route changes in accordance with paragraph 1.2 of this Performance Work Statement.

1.3.7 If a mission is delayed or diverted due to a Contractor controllable delay (includes maintenance delays), the Contractor shall provide hot meals and transportation to the feeding point if the delay extends over a normal meal period for all passengers manifested. If the delay requires an overnight stay, the Contractor is responsible for meals, transportation and billeting for those passengers manifested. If the delay or diversion is not a Contractor controllable delay, care of the passengers shall be the responsibility of the Government. However, when requested by the Government, the Contractor shall provide billeting and transportation for all passengers manifested on a reimbursable basis. Meals and personal expenses, i.e., telephone call, TV, etc., shall not be provided.

1.3.8 The Contractor shall contact the 21st Operational Weather Squadron (21 OWS) at DSN 314-496-6116, Commercial +49(0)6302-67-6116 two hours prior to positioning the aircraft at the originating station for the purpose of obtaining weather status at destination stations. The Government and the contractor agree that the flying required under the terms of this contract will be undertaken when in the judgment of the contractor there is a reasonable expectation of completing a given flight. The responsibility for presenting the facts and conditions to show there was a reasonable expectation of completing a flight rests with the Contractor. The Government and the contractor agree that the aircraft may not be capable of transporting the full ACL under this contract due to adverse weather conditions.

1.3.9 The contractor may refuse any mission for safety of flight and/or force protection reasons. However, canceled missions must be rescheduled and flown as agreed to by the Government representative and contractor.

1.3.10 At enroute or operational stops and at locations where there is no AMC or US military presence, security for the aircraft and crew, as well as any security processing of passengers shall be the responsibility of the contractor.

1.3.11 There may be certain instances when a PHOENIX RAVEN team will be assigned to a mission based on the mission profile. PHOENIX RAVEN teams operate similar to the Federal Air Marshall (FAM) program in their role as anti-hijack personnel and may be called upon for security of the aircraft during ground time in some instances. If a PHOENIX RAVEN team is required, the team leader will make contact with the aircraft pilot-in-command to coordinate their specific duties as well as providing a crew briefing prior to mission execution. PHOENIX RAVENs will identify themselves through presentation of their military orders in conjunction with military ID card and AMC Form 1031.

1.3.12 The contractor will position the aircraft for boarding at least 15-minutes prior to scheduled departure time.

Aircraft departures shall take place within 20 minutes of scheduled times. Offloading shall be accomplished within 30-minutes or less to comply with Maximum on Ground (MOG) restrictions and safety considerations.

1.3.13 The contractor shall make snacks and non-alcoholic beverages available, appropriate for the time of day, on all flights. Snacks and beverages shall be provided by the contractor at no additional cost to the Government. A heavy snack (i.e. sandwich, chips, and cookies/fruit) shall be provided for flights with a duration of 4 hours or longer.

1.3.14 Contractor personnel shall comply with all pertinent military regulations and/or directives when in base flight patterns and on military installations. Regulations can be obtained from the Airfield Operations Managers. These regulations include but are not limited to presenting valid identification for installation entrance, obtaining and using vehicle passes for all Contractor-owned vehicles, obeying all posted directives, and providing strict adherence to security police direction in instances where security police have been dispatched to a particular location.

1.4 Maintenance:

1.4.1 No scheduled maintenance except en route or turnaround service and safety of flight items will be accomplished at military installations under the terms of this contract except as otherwise authorized by the Contract Administrator (who will be responsive to the J3) when deemed to be in the best interests of the Government. If any maintenance service is to be performed including en route, turnaround, safety of flight or scheduled maintenance during ground time of aircraft at U.S. military airfields, the contractor will notify the Contract Administrator as follows:

1.4.1.1 Specific type of maintenance to be performed.

1.4.1.2 Anticipated duration.

1.4.1.3 Type of Government-Furnished Service desired in conjunction with performance of the turnaround or en route maintenance service.

1.4.1.4 Any reimbursable support desired in conjunction with performance of the turnaround or en route maintenance service.

1.4.2 Any change in status or type of work to be performed subsequent to initial notification to the Contract Administrator will be immediately communicated to the J3. The Contracting Officer Representative (COR) and other interested base agencies will also be notified by J3. Requests for reimbursable services will be passed to the COR who will arrange for performance of the required services.

1.5 Ferry-In/Ferry-Out The aircraft will not be based longer than required for mission needs at SAAF. Cost of the ferry-in/ferry-out legs will be borne by US Africa Command, but will not exceed the costs for ferry-in/ferry-out the aircraft from the contractor’s main base of operations at the rate identified in the schedule. In the event the contractor’s aircraft is located closer than the main base of operations for the ferry-in flight, the actual mileage from the aircraft actual location to Stuttgart, Germany at the rate identified in the schedule shall be used. At the completion of a tasking, in the event the contractor ferries-out the aircraft from Stuttgart, Germany to a location closer to their main base of operations, the actual mileage from Stuttgart, Germany to the destination at the rate identified in the schedule shall be used. The Contractor shall have current landing permits from appropriate military services. To permit use of military installations, the Contractor must obtain landing permits as follows:

1.5.1 AIR FORCE BASES. Pursuant to AFR 55-20, Landing Permit, DD Form 2401, may be secured from USTRANSCOM/TCAQ-R, Scott AFB IL 62225-5357, and must be completed and forwarded to the above quoted office. In addition, Hold Harmless Agreement, DD Form 240-2, and Certificate of Insurance, DD Form 2400, must be forwarded to USTRANSCOM/TCAQ-R along with the DD Form 2401.

1.5.2 NAVY/MARINE CORP AIR STATIONS. Call (202) 685-9202 or visit https://www.navfac.navy.mil and select the link for Civil Air Landing Permits.

1.5.3 ARMY INSTALLATIONS. Call (703) 806-4864 for instructions.

2. SERVICE DELIVERY SUMMARY

Performance Objective SOW Paragraph Performance Threshold The Contractor shall maintain on-time schedule reliability.

1.3.10, 5.1.1, 5.1.2 75% Quarterly.

The Contractor shall carry the scheduled load of passengers and baggage on each flight.

1.1.2 100% of the time.

Contractor shall leave an accurate passenger manifest at departure airfields.

6.1 100% of monthly flights.

Aircrew shall provide Intransit Visibility (ITV) of all departures and arrivals

6.7 100% of monthly flights.

3. GOVERNMENT FURNISHED SERVICES AND EQUIPMENT

3.1 The government will provide the following services for all landings made at military installations (originating, en route, and terminating stations) at no cost to the Contractor if available, except as otherwise provided in Paragraph 3.

3.1.1 Transient alert and ramp services to include:

3.1.2 Landing.

3.1.3 Follow-me vehicle.

3.1.4 Towing, a qualified Contractor’s representative will be in the cockpit during towing operations.

3.1.5 Parking.

3.1.6 Chocking and grounding of Aircraft.

3.1.7 Positioning, connecting, operating and depositioning of aircraft ground power unit. Contractor will provide training on Contractor-owned units.

3.1.8 Fire guard for engine starts.

3.1.9 Positioning, connecting, operating and depositioning of engine start carts. Contractor will provide training on Contractor-owned units.

3.1.10 Positioning, operating and depositioning of compressor for airing of struts and tires. Nitrogen may be used when available to inflate aircraft tires. A qualified contractor technical representative will be present to supervise.

3.1.11 Position, deposition and supervise the operation of aircraft axle jacks for tire changes. A technically qualified contractor representative will jack the aircraft.

3.1.12 Ramp sweeping.

3.1.13 To-plane service of hydraulic fluid and supply of oxygen (gaseous or LOX) on a reimbursable basis.

Equipment and necessary operators will be furnished for wing de-icing at no cost; the de-icing fluid will be furnished on a reimbursable basis.

3.1.14 Maintenance stands, when required for ground servicing operations.

3.1.15 To-plane fuel servicing. A Contractor representative will connect/disconnect the fuel hose to/from the aircraft Single Point Refueling (SPR), and control the flow of fuel into the plane.

3.1.16 Chief Servicing Supervisor (CSS) and fuel unit monitors in accordance with T.O. 00-25-172 when a concurrent ground servicing is accomplished.

3.2 Terminal and traffic services to include:

3.2.1 Provide access to specified parking spots and flightline drivers training.

3.2.2 Fleet service.

3.2.3 Fire and crash rescue support.

3.2.4 Aircraft clearance facilities and Base Operations Support.

3.2.5 Emergency medical services to contractor aircrews and personnel on a reimbursable basis.

3.2.6 Weather forecasting.

3.2.7 Purchase of petroleum products by the contractor at any military base for use in performing services hereunder shall be in accordance with Air Force Manual 32-110, Vol I, PT III, Chapter 1. If available, petroleum products will be furnished to the contractor at Defense Energy Support Center (DESC) standard price. A credit letter is required for credit sales. Contact DESC, Fuels Branch, Commercial (210)925-4887.

3.2.8 A Supervisory Contractor Representative (SCR) will be present for supervision and control of contractor personnel/equipment during aircraft fuel servicing. All concurrent aircraft refueling services will be conducted in accordance with Technical Order 00-25-172.

3.2.9 Aviation gasoline (AVGAS) is not available at any US Air Force/Army location.

3.3 Stuttgart Army Airfield (SAAF) Service Exceptions

3.3.1 Contractor must provide an aircraft tug and towbar. (This can be procured locally through the FBO’s at the airport.)

3.3.2 Nitrogen is only available from the commercial side of airport from Lufthansa Airlines and only military personnel can do the work. Nitrogen must be paid for in cash.

3.3.3 De-icing cannot be conducted on the military ramp. Only the commercial side can provide this service.

3.3.4 Fresh water and toilet services are only available from the commercial side of the airport.

3.3.5 Hangar space may be provided occasionally, upon request, on a space available basis.

4. REIMBURSABLE SERVICES AND COSTS

4.1 Reimbursable expenses, listed in the Schedule, shall be identified as separate items and shall be supported by paid receipts.

4.2 The Government will reimburse the Contractor, at cost, for all airport fees assessed as a result of authorized performance under this contract. Examples of airport fees include landing and parking fees. This also includes all costs for aircraft ground handling services at destinations other than the base of operations.

4.3 Any federal transportation taxes that the Contractor is required to pay for performance of this contract shall be added to the Contractor’s invoices as a separate item, and the Government shall reimburse the Contractor, at cost, for the amount of such taxes. (Reference Public Law 97-248, Tax Equity and Fiscal Responsibility Act of 1982).

4.4 In the event the Contractor is requested by the Government to care for the passengers during a mission delay or diversion, which is not a Contractor controllable delay, the Government will reimburse the Contractor, at cost, for such expenses.

4.5 In the event the contractor’s crew is required to remain overnight at an enroute stop, the contractor will be reimbursed for actual costs incurred up to but not exceeding the per diem rates consistent with PL 99-234, Federal Civilian Employees and Contractor Travel Expenses Act of 1985, the Joint Travel Regulations (JTR) and FAR 31.205-46(a)(2), during the performance period of this contract for each authorized overnight lodging. Food and lodging arrangements are the contractor’s responsibility. Claims for food/lodging expenses shall be supported by paid receipts to the maximum extent possible. In the event paid receipts cannot be furnished, other documentation must be submitted.

4.6 Economic Price Adjustment based on Actual Cost of Fuel – Airlift: The contractor may purchase government fuel for the performance of this contract.

FUEL TYPE BASE PRICE

JP-5 $4.00/GL

JP-8 $4.00/GL

Jet-A $4.00/GL

4.6.1 In order to protect the contractor and the government against significant market fluctuations in the price of fuel, an adjustment will be made based on actual costs incurred. Adjustments will be made as indicated below and shall be taken against the CLIN titled Fuel EPA Reimbursable.

4.6.2 Economic price adjustment (EPA) pursuant to this clause is limited to changes in the contractor’s cost relative only to fuel.

4.6.3 Allowable fuel adjustments will be made upward or downward only if the price of fuel varies by more than one cent per gallon from the base price established in the contract.

4.6.3.1 When the average price per gallon paid by the contractor is greater than the established base price, the government will reimburse the contractor the difference between the price of fuel paid and the established base price.

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

4.6.4 Reporting requirements for adjustments are as stated in the contract, but no later than 30 days after months end.

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

4.6.6 For the contracting officer to consider any request for adjustment, the contractor shall submit data that clearly supports any request for adjustment. At a minimum, the contractor shall submit: 1) total mileage flown in performance of the USTRANSCOM contract; 2) fuel costs associated with that performance; and 3) associated financial data or receipts, as required by the contract.

4.6.7 The following steps will be taken to determine the applicable adjustment:

4.6.7.1 The contractor shall submit fuel summary report NLT 30 days after mission complete and, if necessary, an invoice. The report shall include a detailed listing, by flight, of all fuel purchases, and the calculations for the average price paid. The calculation of the fuel adjustment shall be as follows: The contractor’s fuel burn rate, established in Attachment 5, Type of Aircraft Chart, is multiplied by the total mileage flown in performance of the contract for the adjustment period. In the case of a substitute aircraft not listed in the schedule, the lower burn rate of the substitute aircraft or the aircraft normally used in performance of the contract shall be used.

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

Example:

Miles flown in support of the USAFRICOM contract = 8500 Burn rate for aircraft type (in schedule) = 4.21 gallons per GCSM Base price of fuel established in the contract = $4.00 Actual average cost per gallon = $4.2501

Calculation:

Miles * Burn Rate * EPA Price Variance = Adjustment

8,500 * 4.21 = 35,785* $0.2501 = $8949.83

4.7 Communication Air Time: The Government will reimburse the Contractor, at cost, for all communication air time used by authorized passengers under this contract. Air time used by crew members or other contractor employees shall not be reimbursed. The contractor shall provide copies of airtime bills/invoices to back up their request for reimbursement.

4.8. Wait Days – In lieu of the basing fee, the contractor will be paid a fee agreed upon by the Contracting Officer and the Contractor for the days the aircraft is waiting at Stuttgart, AB GE, or at enroute locations for mission execution or continuation if ground time exceeds 24 hrs. The agreed upon fee charged shall not exceed $5,000 per day when crew and aircraft is present at Stuttgart AB, GE or enroute locations and no more than $4,000 per day when aircraft remains at Stuttgart AB, GE and crew is returned to home station. However, the contractor must obtain prior approval from the Contracting Officer and provide a breakdown of all charges pertaining to the Wait Day Fee prior to mission execution.

5. GENERAL INFORMATION

5.1 SCHEDULE RELIABILITY

5.1.1 The Contractor’s schedule reliability rate shall be computed for a 6-month period by subtracting the total number of Contractor-controllable delays at the originating and en route stations during the 6-month period from the Contractor’s total number of scheduled originating and en route station departures in that 6-month period, and dividing the remainder by the Contractor’s total number of scheduled origination and en route station departures for the period, and finally, by stating the result as a percentage of the actual departures. This reliability rate computation shall be made as of 2400 hours GMT on the last day of each calendar month. The originating station is defined as the initial onload station of a mission.

5.1.2 A delay shall be deemed to have occurred at the originating or en route station if the Contractor’s aircraft departs the blocks more than 20 minutes after the scheduled departure time, except in those instances when the aircraft arrives at the next scheduled destination on time. “If the mission is delayed more than 4 hours, the customer will have the option of cancelling the mission and be liable for payment for only the actual portions flown." The scheduled departure time shall be as established pursuant to paragraph 1.3.1. A delay at originating and en route stations, caused by factors beyond the control and without the fault or negligence of the Contractor, shall be considered as Contractor-uncontrollable; a delay for any other reason shall be considered Contractor-controllable.

The Contractor-uncontrollable delay time experienced at the origination and en route stations on a mission shall be added to the scheduled departure time at the next en route station for purposes of determining the scheduled departure time at that station on that mission.

5.1.3 Failure to maintain an 75 percent schedule reliability rate per quarter could be reason for terminating this 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.

5.1.4 The Contractor shall adhere to the schedule published by 603 AMD. Whenever any contractor-operator aircraft delays extend beyond the twenty-minute limit, the reason for the delay will be passed to the 603 AMD as soon as possible. On the day of mission execution, changes to the schedule may be made by the 603 AMD. In this case, delays will be measured against the amended schedule. All requests for early departures must be routed through the 603 AMD until day of scheduled departure, at which time requests must be routed through the 603 AMD.

5.2 DIVERTED AND REROUTED FLIGHTS

5.2.1 The 603 AMD may divert or reroute any trip to any route within the same area of operation.

5.2.2 For the diverted or rerouted airlift contemplated by 5.2.1 above, the Contractor shall, in all such instances, furnish the required miles of air transportation specified in the appropriate directive in accordance with all the terms and conditions of this contract. The Contractor shall comply with all directions, including those given orally, to the 603 AMD concerning diverted or rerouted airlift.

5.2.3 Weather diversions and/or overflys. When diversions of overflys of any site are warranted because of weather, the following procedures will be followed:

5.2.4 The Aircraft Commander or flight dispatcher shall notify 603 AMD by any means available, such as assigned HF frequency, command and control or flight service station phone patch or VHF thru base operations who will in turn contact 603 AMD, and request instructions.

5.2.5 The Contractor shall comply with 603 AMD instructions. The Contractor shall be paid for all miles flown as directed by the 603 AMD and in accordance with paragraph 1.2.

5.2.6 If the 603 AMD does not issue diversion instructions within 15 minutes, the Aircraft Commander will exercise his best judgment and divert at his discretion.

5.2.7 If the Aircraft Commander or flight dispatcher fails to notify 603 AMD of impending diversions, or fails to follow the instructions, the Contractor shall be responsible for the care of passengers, if any, and for loading/offloading and storage of cargo if required. In addition, the Contractor shall be reimbursed only for the miles set forth in the original routing, if he subsequently completes the routing. If the Contractor completes only a portion of the routing, he shall be paid accordingly.

5.3 EXCESS ACL AND ROUTE SUPPORT

5.3.1 The Contractor may transport route support items and personnel, including support for aircraft not operationally ready. The Contractor must give at least six hours advance notice whenever he requires seats for mission route support on a USTRANSCOM contracted mission. This notice shall be given to the Contracting Officer. The Contractor will not be charged for on/offloading services in connection with moving route support cargo. Route support personnel are personnel employed by the Contractor for route support and required for performance of this contract.

5.3.2 The contractor may also move its own route support items and personnel, including support for aircraft not operationally ready in space not used by the Government (excess ACL). However, in any such case, any passengers or baggage displaced by said route support will result in appropriate reduction in payment on a pro rata basis to the Contractor for such flight.

5.4 SECURITY (Physical, Personnel, Information, Antiterrorism/Force Protection and Industrial)

5.4.1. General Security Information. The majority of daily work associated with this PWS is at the unclassified level, but contractor personnel may be required to access SECRET information during performance of this task order.

5.4.2. Citizenship and Clearance Requirements. The contractor’s, subcontractors, and/or partner’s personnel performing services under this task order shall be citizens of the United States of America. Overall, all contractor personnel shall possess the appropriate personnel security investigation for the position(s) occupied. Contractor personnel shall be required to have a background investigation that corresponds with the sensitivity level of the tasks to be performed.

5.4.3. Clearance Requirements and Position Sensitivity. Contractor personnel with IA administrative privileges and/or who will monitor DOD IT systems or software as designated by DOD 8500.1/5200.2-R may be rated at the various levels listed below. The stipulation of the numbers and what IT/Automated Data Processing (ADP) levels the contractors will have is approved by the COR or the CO before the start of the task order. The contractor shall comply with all appropriate provisions of applicable security regulations while assigned to this task order for DOD and USTRANSCOM. The following guidance will be followed when determining background investigation and clearance levels for this task order depending on requirements:

POSITION LEVEL:

Information Technology (IT)-II

Automated Data Processing (ADP)-II Or Non-Critical Sensitive Positions (SECRET):

IT/ADP-II and Non-Critical Sensitive Positions are those positions that: have access to Secret or Confidential information; Security police/provost marshal-type duties involving the enforcement of law and security duties involving the protection and safeguarding of DOD personnel and property; category II automated data processing positions; duties involving education and orientation of DOD personnel; duties involving the design, operation, or maintenance of intrusion detection systems deployed to safeguard DOD personnel and property; responsible for the direction, planning, design, operation, or maintenance of a computer system, and whose work is technically reviewed by a higher authority of the ADP-I category to ensure the integrity of the system; and any other position so designated by the head of the Component or designee.

BACKGROUND INVESTIGATION REQUIREMENTS:

(IT-II/ADP-II/Non-Critical Sensitive) Requirements for SECRET:

Positions designated by the Government at the Non-Critical Sensitive/ADP-II/IT-II rating require a National Agency Check with Local Credit (NACLC) (or acceptable periodic reinvestigation) favorably adjudicated (a favorable adjudication grants eligibility at the SECRET level as prescribed by DOD 5200.2-R). The IT-II/ADP-II requirement mandates the contractor have a minimum FCL at the SECRET (or higher) level due to investigation submissions as directed in DOD 5220.22-M, DOD 5200.01 and JPAS.

POSITION LEVEL:

Information Technology (IT)-III Automated Data Processing (ADP)-III Or Non-Sensitive Positions (Position of Trust Determination) (No Classified Access) All other positions involved in computer activities and Common Access Card. No clearance is granted for classified access and only a Position of Trust (PoT) is awarded and posted in JPAS.

BACKGROUND INVESTIGATION REQUIREMENTS:

(IT-III/ADP-III/Non-Sensitive) Requirements for Position of Trust Determinations (No Classified Access):

Positions designated by the Government at the Non-Sensitive/ADP-III/IT-III rating require a National Agency Check with Inquiries (NACI) (or acceptable investigation/reinvestigation) favorably adjudicated (a favorable adjudication issues a Position of Trust determination as prescribed by DOD 5200.2-R and DOD DTM 08-003 (Dated Dec 08). Favorable NACI or equivalent investigation results must be posted in JPAS before a CAC or NIPRNET access will be granted. To obtain interim CAC/NIPRNET access, NACI investigations will be opened with fingerprint, name and criminal records checks returned favorably before the credentials (CAC and NIPRNET) are issued. NACI submissions will be completed on the Standard Form (SF) 85 and submitted with fingerprint cards (FP 258) to USTRANSCOM Force Protection, Security Services Center (SSC) for processing. No classified access will be granted based on the NACI investigation.

NOTE: The above requirements for IT-III/ADP-III/Non-Sensitive Positions are for access to unclassified systems only. Contractors who require access to classified systems or areas must have interim or final adjudication of background investigations at the Critical or Non-Critical Sensitive levels.

USTRANSCOM will only process NACI/Position of Trust investigations and will not complete any personnel security investigations for classified access. It is incumbent upon the contractor to have the appropriate investigations completed upon start of the task order. Personnel who do not have the proper investigation will be denied the ability and access to USTRANSCOM facilities until investigations have been favorably adjudicated.

5.4.4. Security Clearance and Special Access Requirements. All positions on this task order require a minimum of a SECRET clearance as granted by the Personnel Security Management Office-Industry (PSMO-I).

5.5. FACILITIES CLEARANCE (FCL). The contractor must have a valid FCL at the SECRET level. Interim FCLs are acceptable provided they are not expired. FCL procedures and security guidelines for adjudicative requirements are outlined in DOD 5220.22-M FCLs and Interim FCLs must be awarded by the Defense Security Service (DSS) Facility Clearance Branch.

5.6. PERSONNEL AND FACILITIES CLEARANCE VALIDATION. Upon task order award, the contactor shall submit the names of contractor personnel to the USTRANSCOM Security Services Center (SSC) for vetting through JPAS to ensure investigative and clearance requirements have been satisfied. This shall be completed before the COR/Trusted Agent (TA) accesses the DOD Trusted Associate Sponsorship System (TASS) and submits a request for issuance of the CAC to the contractor’s personnel. If a contractor’s employee does not have the required investigative or security clearance level based on the Government’s determination, the contractor’s employee will be denied the ability to work in support of this task order and the employee’s information will not be loaded into TASS.

5.7. COMMON ACCESS CARD ISSURANCE PROCEDURES. Upon notification by TCJ3-FP personnel working in the SSC, the TA will create a CAC application in TASS with an expiration date of no more than three years. Once approved by the TA, the contractor employee may go to the nearest Real-Time Automated Personnel Identification System (RAPIDS)/Defense Enrollment Eligibility Reporting System (DEERS) office for CAC issuance.

5.8. Derogatory Information. If the Government notifies the contractor that the employment or the continued employment of any contractor personnel is prejudicial to the interests or endangers the security of the United States of America, that employee shall be removed and barred from the worksite. This includes security deviations/incidents and credible derogatory information on contractor personnel during the course of the task order’s period of performance as noted in JPAS. Personnel who have incident reports posted in JPAS will be denied the ability to support the task order until the issues have been resolved and the incident has been removed in JPAS.

The contractor shall make any changes necessary in the appointment(s), at no additional cost to the Government.

The contractor Facility Security Officer (FSO), will advise the USTRANSCOM Force Protection Branch of any derogatory information and security violations that might occur during the course of the contract.

5.9. Accessing NATO Information. No contractor employee will access NATO information without first being indoctrinated on NATO and having that access recorded in JPAS. Any NATO information accessed will be only on SIPRNet. Senders of NATO information will ensure the receiving network is accredited and the receiving point is a Sub-Registry or authorized Control Point. No NATO information will be stored with US classified information.

Access to NATO information will be based on need-to-know, appropriate access level, and training. NATO information will not be disseminated to unauthorized users. NATO information will be printed only on authorized copiers and printers. All printed NATO classified information must be strictly controlled and tracked in a NATO registry. Contact the USTRANSCOM Sub-Registry for additional control measures. In accordance with the NISPOM, Chapter 10-706, NATO briefed personnel will be rebriefed on an annual basis. USTRANSCOM will indoctrinate all on-site contractor employees and document in JPAS. Contractor personnel assigned to USTRANSCOM facilities will be NATO briefed and debriefed by USTRANSCOM, with appropriate annotations to JPAS.. Company FSOs may take responsibility for all NATO refresher briefings per NISPOM paragraph 10-706 and record the date of the annual briefings in JPAS.

Security Regulation Guidance:

Department of Defense (DOD):

2000.16 (DODI Antiterrorism (AT) Standards)

5200.01 (DODM Information Security Program) 5200.2-R (DOD Personnel Security Program) 5200.08-R (DOD Physical Security Program) 5220.22-M (National Industrial Security Program Operating Manual-NISPOM)

8500.1 (DTIC Cyber-Security)

2000.12 (DODI Antiterrorism (AT) Program) DISA 300.115.3 Circular: (SIPRNeT Security Classification Guide)

DOD regulations are found at: http://www.dtic.mil/whs/directives/corres/pub1.html

USTRANSCOM:

USTRANSCOM Instruction 31-02 (USTRANSCOM Security Classification Guide) USTRANSCOM Instruction 31-12 (Operations Security - OPSEC)

Scott Air Force Base:

SAFB Instruction 31-101 (Installation Security Instruction)

USTRANSCOM Force Protection (Industrial Security) Points of Contact:

Attn: TCJ3-FP (Steve Strait or Steve Stegen) 508 Scott Drive Scott AFB IL 62225 Commercial: 618-220-6531/220-7892 (respectively) Email at steven.g.stegen.civ@mail.mil or steven.m.strait.civ@mail.mil USTCJ3-FP Approval: Steven M. Strait, USTRANSCOM SSC, 618-220-6531 USTCJ3- FP Tracking #: USTRANSCOM-FP-0017-15

5.10. CYBER SECURITY

5.10.1. Handling and Protection of Non-Public Information

In performance of this contract, the contractor may have access to DoD information. The contractor agrees (a) to use and protect such information from unauthorized disclosure IAW Department of Defense (DoD) Instruction 8582.01: Security of Unclassified DoD Information on Non-DoD Information Systems; (b) to use and disclose such information only for the purpose of performing this contract and to not use or disclose such information for any personal or commercial purpose; (c) to comply with other current Federal and DoD information protection and reporting requirements for specified categories of information (e.g., medical, proprietary, critical program information (CPI), personally identifiable information, export controlled); (d) to obtain permission of the Government Requiring Activity before disclosing/discussing such information with a third party; (e) to return and/or electronically purge, upon Government request, any DoD information no longer required for contractor performance; and (f) to advise the Contracting Officer (CO) and/or Contracting Officer’s Representative (COR) of any unauthorized release of such information.

To provide adequate security, the contractor shall implement information systems security in its project, enterprise, or company-wide unclassified information technology system(s) that may have DoD information resident on or transiting through them. The information systems security program shall implement, at a minimum, the specified National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53 security controls identified in Attachment 7 – Security Controls.

5.10.2 Incident Handling

5.10.2.1 Reporting Requirements

The contractor shall provide an initial incident report to the Defense Cyber Crime Center (DC3) as soon as possible upon discovery of any suspected cyber intrusion events on the contractor’s (or its subcontractors’) unclassified information system(s) or network(s) where DoD information is resident or transiting. The initial incident report shall be provided even if some details are not yet available, with follow-on detailed reporting to DC3 within 72 hours. Reportable cyber intrusion events include the following:

(a) A cyber intrusion event involving possible data exfiltration, manipulation or unauthorized disclosure of any DoD information resident on or transiting the contractor's (or its subcontractors') unclassified information systems or networks;

(b) Intrusion activities that allow unauthorized access to the contractor’s unclassified information system(s) or networks(s) on which DoD information is resident or transiting.

5.10.2.2 Incident Report Content

The incident report shall include, at a minimum, the following information:

(a) Data Universal Numbering System (DUNS).

(b) Contract numbers affected unless all contracts by the company are affected.

(c) Facility CAGE code if the location of the event is different than the prime Contractor location.

(d) Point of contact if different than the POC recorded in the System for Award Management (address, position, telephone, email).

(e) Contracting Officer point of contact (address, position, telephone, email).

(f) Contract clearance level.

(g) Name of subcontractor and CAGE code if this was an incident on a subcontractor network.

(h) DoD programs, platforms or systems involved.

(i) Location(s) of compromise.

(j) Date incident discovered.

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

(l) Description of technical information compromised.

(m) Any additional information relevant to the information compromise.

5.10.2.3 Incident Report Submission

The contractor will submit unclassified incident reports to DC3 via the Defense Industrial Base Network (DIBNet) Portal (http://dibnet.dod.mil).

5.10.2.4 Incident Response Coordination

In the event of an intrusion or potential intrusion, the contractor agrees to allow follow-on actions by the Government to further characterize and evaluate the suspect activity. The contractor acknowledges that damage assessments might be necessary to ascertain intruder methodology and identify systems compromised as a result of the intrusion. Contractor acknowledges that in certain cases a complete forensic analysis might be necessary to ascertain intruder methodology and identify systems compromised as a result of the intrusion. Once an intrusion 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 intrusion for subsequent forensic analysis so that an accurate and complete damage assessment can be accomplished by the Government. The contractor is not required to maintain an organic forensic capability, but must ensure data is preserved (e.g.

removing an affected system, while still powered on, from the network meets the intent of this requirement) and all actions documented until forensic analysis can be performed by the Government or 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 CCOR.

5.10.2.5 Information Sharing

The Government may use and disclose reported information (e.g., information regarding threats, vulnerabilities, incidents, or best practices) that does not include contractor attribution information at its discretion to assist entities in protecting information or information systems (e.g. threat information products, threat assessment reports);

provided that such use or disclosure is otherwise authorized in accordance with applicable statutes, regulations, and policies.

5.10.2.6 Confidentiality and Non-Attribution Statement

The Government shall take reasonable steps, by controlled access and need-to-know procedures, to protect against public release of attribution information of the contractor. The Government may use and disclose reported information that includes attribution information only on a need-to-know basis to authorized persons for cyber security and related purposes (e.g., in support of forensic analysis, incident response, compromise or damage assessments, law enforcement, counter intelligence, threat reporting, and trend analysis). The Government may disclose attribution information to support contractors that are supporting the Government's cyber security and related activities if the support contractor is subject to legal confidentiality requirements that prevent any further use or disclosure of the attribution information. The Government agrees to consider available exemptions of the Freedom of Information Act to protect against disclosure of attribution information of the contractor to unauthorized persons. Within a reasonable period necessary to perform an analysis after completion of the assessment, all contractor proprietary information or third party proprietary information in the possession of the Government as a result of the assessment will be destroyed unless other disposition is agreed upon in writing by the Parties or is required by law, Executive Order or regulation.

5.10.2.7 Law Enforcement/Counterintelligence

In the event of a known or potential intrusion, the contractor shall consent to responding counterintelligence or law enforcement investigative agency requests to apply forensic analysis tools to contractor information systems affected by the intrusion, including monitoring tools, imaging tools, and any other techniques that the agency seeks to apply to effectively analyze the intrusion.