DRAFT_Performance_Work_Statement.docx

Solicitation HTC711-18-R-C004 Attachment 1 – Performance Work Statement

PERFORMANCE WORK STATEMENT

Thule AB Air Transportation Services

21 February 2018

1.0. Description of Services. The contractor shall receive, store, process cargo and provide air transportation services for the U.S. Government in accordance with all the provisions and specifications of this contract.

1.1. Charter Service. The contractor shall provide round trip charter flights between Copenhagen, Denmark and Thule Air Base (AB), Greenland approximately every four weeks with a capacity of at least 150 passengers and 25,000 kilograms (kg) of cargo per flight. The contractor shall provide round trip charter flights between Kangerlussuaq, Greenland and Thule AB, Greenland two to four times a month with a capacity of at least 30 passengers and 100 kg of cargo per flight. The contractor will be authorized to recommend enroute stops upon mutual agreement between the contractor and the government.

1.1.1. Specific frequency, dates and times of charter flights will be agreed upon by the representatives of the contractor and the Contracting Officer Representative (COR) (21st Space Wing, Logistics Readiness Squadron (21 LRS). Wednesday is the preferred day for round trip flights between Copenhagen Denmark and Thule AB. Monday or Thursday are the preferred days for round trip flights between Kangerlussuaq, Greenland and Thule AB. The U.S. Government, in cooperation with the contractor, will establish an annual flight schedule upon contract execution and the execution of an option, if exercised.

1.1.2. The contractor shall position for charter flights in sufficient time to allow for an on-time departure.

1.1.3. The contractor will be allowed a 20-minute window before and after departure time to meet or exceed take-off departure schedule. The contractor shall notify the COR promptly when flight changes or cancellations are pending.

1.1.4. If the requirement changes after the passenger and cargo information is given to the contractor, the COR may cancel or reschedule the flight. The COR may issue a notice of cancellation to cancel the mission within 48 hours of any scheduled charter flight prior to take-off. Rescheduling of the flight shall be by mutual agreement of the parties.

1.1.5. The COR or designated individuals will provide passenger manifest information to the contractor at least three calendar days prior to the mission departure date either verbally or in writing. Cargo information will be provided at least six calendar days prior to the mission departure date either verbally or in writing. When information is given verbally, it will be confirmed in writing within three calendar days.

1.1.6. Passenger Processing. (Reference paragraph 3.1. for those services below which will be provided by the government at the Thule AB location only. Government-furnished services shall not be included in the trip price.)

1.1.6.1. The contractor shall accomplish ticketing and manifesting of passengers. The contractor shall provide the COR a scheduled manifest two working days prior to the scheduled mission. The contractor shall provide the actual or confirmed manifest to the COR within one hour of mission departure. The actual or confirmed manifest can be provided via e-mail. The contractor shall include the passenger names on the flight as well as the names of passengers who did not board the aircraft.

1.1.6.3. The contractor shall provide baggage handling (weigh, tag, load and unload) services. The contractor is responsible for accurate placement on the aircraft relative to weight and balance.

1.1.6.4. Each passenger shall be allowed 50 kgs of checked luggage (2 x 25 kg bags) between Copenhagen, Denmark and Thule AB, Greenland and 20 kgs of checked luggage between Kangerlussuaq, Greenland and Thule AB, Greenland. Hand/carry-on luggage shall be allowed per carrier standard. The contractor shall inspect passenger baggage if sufficient cause is present or safety of flight is at question.

1.1.6.5. Meals served on charter flights shall be equal to those served aboard aircraft in regularly scheduled commercial operations.

1.2. Scheduled Service. The contractor shall provide scheduled services (non-charter) for passenger and cargo movements on an ad-hoc basis. An estimated 700 passenger movements (one-way tickets) per year will be required between Copenhagen, Denmark and Kangerlussauq, Greenland. An estimated 8,000 kg of cargo per year will be required to be moved between Copenhagen, Denmark and Kangerlussuaq, Greenland.

1.2.1. Passenger Processing. Passengers shall be processed in accordance with the contractor’s commercial processes/procedures. Contractors are not required to maintain a certain number of open seats for government reservation, but rather, the government will be subject to the availability of seats within the contractor’s flight schedule.

1.3. Contractor Responsibility. (Charter and Scheduled Service)

1.3.1. Terminal Services/Cargo Processing. (Reference paragraph 3.1. for those services below which will be provided by the government at the Thule AB location only. Government-furnished services shall not be included in the trip price.)

1.3.1.1. The contractor shall receive cargo from vendors at the contractor’s storage facilities in Copenhagen, Denmark and Thule AB, Greenland for general cargo (dry cargo) and subsistence (chilled and frozen) items. Third-party vendors will deliver cargo to the contractor’s storage facility at least five calendar days preceding the scheduled flight. Fresh subsistence items (i.e. dairy) will arrive one day prior to flight. Chilled and frozen subsistence items shall be packed by the contractor in insulated containers at the contractor’s storage facilities.

1.3.1.2. The contractor shall store and ensure security for U.S. Government cargo at contractor’s storage facilities in Copenhagen, Denmark and Thule AB, Greenland. Storage facilities shall be inspected and approved by the U.S. Army Veterinary Office. Minimum storage capability shall be 25 square meters of covered dry storage and 100 square meters of cold storage space.

1.3.1.3. The contractor shall transport and protect cargo from the storage facility to the airport.

1.3.1.4. The contractor shall receive and process inbound cargo from Copenhagen, Denmark and Thule AB. The contractor shall obtain customs clearance and notify consignees of the arrival of the inbound cargo.

1.3.1.5. The contractor shall manifest and document all cargo airlift departing Copenhagen, Denmark, Thule AB, Greenland and any other transient airports. Copies of the manifest shall be delivered to the COR within three work days after completion of each flight.

1.3.2. The contractor shall conduct a 100% picture identification check of passengers for verification of the official manifest prior to passengers boarding the aircraft. The contractor shall not permit any unmanifested persons to board an aircraft unless authorized by the government and after receipt of an amended manifest. Additionally prior to boarding, the contractor will verify all passengers are in possession of a valid Thule Air Base identification card or a valid, signed letter granting permission to stay at Thule Air Base by the Ministry of Foreign Affairs of Denmark.

1.3.2.1. Only those personnel on official government business for the Department of Defense shall be permitted to stay at Thule AB, Greenland. Only contractor employees associated with the flight (i.e. pilots, crew members, maintenance, etc) shall be permitted to stay at Thule AB, Greenland. Unauthorized passengers (non-manifested) arriving at Thule AB, Greenland (final destination) will be returned as soon as possible with all associated costs paid by the contractor.

1.3.3. Any contractor employee who is a US citizen must acquire an approved country clearance IAW the DoD Foreign Clearance Guide (FCG) in order to travel in Denmark or Greenland. Evidence of this clearance will be provided upon Contracting Officer or COR request and will be in the possession of the contractor employee.

1.3.4. Security practices at Thule AB, Greenland, Copenhagen, Denmark and all transient locations shall be conducted prior to loading of aircraft and in accordance with all applicable Danish, Greenlandic, and U.S. Air Force procedures.

1.3.7. The contractor shall be responsible for the removal, from all sites, of all hazardous, unused and waste materials owned or generated by operation of contractor-owned aircraft. Examples of such materials include, but are not limited to, unserviceable aircraft components and parts, used engine fluids, and any used or unusable Petroleum, Oil, and Lubricants (POL) products.

1.3.8. The contractor is solely responsible for aircraft ground movements at all locations described herein and shall comply with all pertinent government directives at any landing station. The contractor shall be liable for any damage or injury to the plane, hangar, or support personnel caused by any contractor-provided mechanism.

1.3.8.1. Passenger and crew boarding stairs/loading bridge jet-way entrance doors are not to be opened until stairs have been positioned as close to the aircraft entrance as possible without hindering the opening of the doors.

1.3.9. The contractor shall provide all customs clearance (government traffic only), medical clearance (passengers only) agricultural inspections (if required), and immigration clearance.

1.3.10. The contractor shall be responsible for the loss and/or damage to passenger baggage and personal equipment while such items are in the custody of the contractor or on board their aircraft. Liability for these items is limited to the actual value thereof, not to exceed not to exceed 1000 Special Drawing Rights (SDRs) per passenger.

1.3.10.1. In the event it should be necessary to offload passengers at any location or station other than at the direction of the COR, the contractor shall be responsible for such offloading, passenger care, safeguarding of personal baggage from loss, theft and/or weather damage, reloading, and all costs incidental 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 COR will be notified immediately of any offloading.

1.3.11. Except when loss and/or damage arises out of causes beyond control and without the fault or negligence of the contractor, the contractor shall assume full liability for any and all government cargo/goods lost and/or damaged in the movement covered by this contract.

1.3.11.1. Unless directed differently by the COR, the contractor shall be responsible for all offloading of cargo due to an emergency. Cargo offload shall not remain at an unscheduled location in excess of 24 hours unless weather or other conditions beyond the contractor’s control make the operation of the aircraft and the movement of the cargo unsafe. The contractor shall safeguard and protect all cargo from loss, theft, or spoilage. The contractor shall notify the COR immediately of any offloading.

1.4. Flight Delays (Charter Service).

1.4.1. The contractor shall be responsible for all passengers after they have been manifested and accepted for boarding on the aircraft. In the event the contractor is unable to make a timely departure in accordance with the departure time agreed upon with the government, or offloads passengers short of their manifested destination, the contractor shall be responsible for the care of passengers.

1.4.2. In the event a flight is delayed or diverted because of weather or other uncontrollable factors, a minimum waiting period of four hours is required before a flight can be canceled. The final decision for flight cancellation due to weather rests with the aircraft commander.

1.4.2.1. In the event of delays through no fault of the contractor (i.e., weather or government-caused delays), the contractor will be reimbursed for food and lodging expenses of passengers and crew if required to remain overnight.

1.4.2.1.1. The contractor will be reimbursed per diem rates consistent with PL 99-234, Federal Civilian Employees and Contractor Travel Expenses Act of 1985, FAR 31.205-46(a)(2), and Federal Travel Regulations in effect at the time the travel is completed, during the performance period of this contract for each authorized overnight lodging. Copies of receipts are required to be furnished with invoices and shall identify passengers by name and employer.

1.4.2.2. Cancelled flights shall be rescheduled and operated within 24 hours or as mutually agreed between the contractor and the government.

1.4.3. Flight delays or diversions caused by such events as maintenance and crew problems are considered contractor controllable delays and shall be at the contractor’s expense.

1.5. Reimbursables.

1.5.1. Economic Price Adjustment (EPA) Based on Actual Cost of Fuel – Airlift. In order to protect the contractor and the government from 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.

(a) Economic price adjustment (EPA) pursuant to this language is limited to changes in the contractor’s cost for fuel only.

(b) 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 following pegged rate for fuel:

(1) When the average price per gallon paid by the contractor is greater than the established base price indicated above, the government will reimburse the contractor the difference between the price paid and the established base price.

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

(c) Required reports for adjustments shall be received no later than 30 calendar days after the month ends. A sample report format labeled, “Monthly Fuel Report Summary” is provided as an attachment to the contract.

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

(e) For the contracting officer to consider a request for adjustment, the contractor shall submit data that clearly supports the 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, if requested by the Contracting Officer.

(f) Fuel adjustments will be made using the CLIN titled Fuel EPA Reimbursable. The following steps will be taken to determine the adjustment:

(1) The contractor’s fuel burn rate, established in the List of Aircraft in the contract, is multiplied by the total mileage flown in performance of the contract. 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.

(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 USTRANSCOM contract = 23,654 Burn rate for aircraft type (in schedule) = 4.21 gallons per mile Base price of fuel established in the contract = $3.15 Actual average cost per gallon = $2.63

Calculation:

Miles * Burn Rate * EPA Price Variance = Adjustment

23,654 * 4.21 = 99,583.34* -$0.52 = -$51,783.33

Required reports for adjustments shall be sent to:

Mr. Daniel Prill 21st Space Wing Logistics Readiness Squadron (21 LRS) Email: daniel.prill.2@us.af.mil Voice: 719-556-1749

A copy of the reports for adjustments shall be provided electronically to the Contracting Officer.

2.0. Services Delivery Summary. The Services Delivery Summary (SDS) performance objectives and their associated performance thresholds establish the baseline for the government’s surveillance program.

3.0. Government Provided Services – Thule AB Only

3.1. Services and Equipment. If required and available, hangar space will be provided at Thule AB during severe weather conditions. Any services provided after normal duty hours (Reference paragraph 4.3) will be charged to the contractor. The U.S. Government will provide the following services and equipment for all landings made at Thule AB at no cost to the contractor except as otherwise provided in this paragraph:

3.1.1. Transient alert and ramp services to include:

· Landing

· Follow-me vehicle

· Towing

· Parking

· Chocking and grounding of aircraft

· Positioning, connecting, operating, and repositioning of aircraft ground power units

· Fire guard for engine starts

· Positioning, connecting, operating and repositioning of engine start carts

· Positioning, operating, and repositioning of compressor for airing struts and tires

· Ramp sweeping

· Equipment, de-icing fluid and necessary operators will be furnished for wing de-icing at no cost. (In an emergency, into-plane service of hydraulic fluid, de-icing fluid and servicing of struts/tires will be provided by the government on a reimbursable basis. A technically qualified Contractor Representative will supervise emergency servicing to assure compliance with procedural requirements.)

· Maintenance stands when required for ground servicing operations

· To-plane fuel servicing

· Crew boarding stairs

3.1.2. Terminal and traffic services to include:

· Passenger processing

· Baggage handling (weight, tag, load and unload)

· Passenger boarding stairs

· Cargo receiving, processing, documentation, and positioning for loading

· Loading, tie down, and unloading. Loading will be in accordance with the load breakdown provided by the contractor.

· Cargo manifesting

· Flight line transportation for crews

· Position, operate, and deposition the ground air conditioning or heating units where available and required

· Aircraft cleaning services for the direct flight from Copenhagen, Denmark to Thule AB only; services exclude potable water and lavatory servicing

· Security inspection of passengers and their baggage (carry on as well as checked), conducted in accordance with Department of Defense (DoD) Instruction 4515.13, sections 3, 4 and 12 and Air Mobility Command Instruction (AMCI) 24-101V14, paragraphs 30 and 31.

3.1.3. Fire and crash rescue support.

3.1.4. Aircraft clearance facilities.

3.1.5. Emergency medical services to contractor air crews and personnel on a reimbursable basis in accordance with AFH 41-114, Table 42.

3.2. Petroleum Products.

3.2.1. The contractor may purchase petroleum products at Thule AB, Greenland at Defense Logistics Agency – Energy (DLA-Energy) standard price for use in performing contract services.

3.2.2. The contractor is required to adhere to the terms and condition of the DLA-Energy fuel purchase agreement (FPA). The U.S. Government will provide a DoD Fuel Identaplate, DD1896, for each aircraft under contract which is to be used to purchase fuel at Thule AB, Greenland. DLA-Energy will invoice the contractor for the cost of the fuel. If the contractor fails to pay fuel debts owed to DLA-Energy, in accordance with the terms of the DLA-E FPA, USTRANSCOM reserves the right to apply an immediate right to offset or recoup the owed amount in payments due the contractor.

3.2.3. The only jet fuel available for sale at Thule AB, Greenland is JP-8.

3.3. DD Forms 2400, 2401 and 2402. The contractor shall maintain a current DD Form 2400 (Civil Aircraft Certification of Insurance), DD Form 2401 (Civil Aircraft Landing Permit), and DD Form 2402 (Civil Aircraft Hold Harmless Agreement). Forms will be submitted to the CO within three (3) working days prior to the start of the period of performance. Where possible, insurance shall correspond to the contract period of performance. In those instances where that is not possible, contractors are responsible for providing updated forms three (3) working days prior to expiration of the landing permit. Failure to provide updated documents within the time specified may result in a breach of this contract requirement. The forms may be accessed from the web addresses below:

http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2400.pdf http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2401.pdf http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2402.pdf

4.0. General Information

4.1. Post Award Conference. The contractor shall attend a post-award conference conducted by the CO/COR with functional experts in attendance. The conference may be held via teleconference or video telephone conference. The contractor shall be notified of the exact time, date and location of the conference at least two weeks prior to the scheduled conference date.

4.2. Contractor Point of Contact. Prior to contract start, the contractor shall furnish the 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 24 hours a day/7 days a week.

4.3. Thule AB Normal Operating Hours. Thule AB airfield normal operating hours are Monday through Friday from 0800 to 1600, Thule AB Local Time.

4.4. Prohibited Activities. Illegal drugs or weapons are not allowed on Thule AB. Alcohol may not be brought in unless authorized by the appropriate base personnel. Smoking is allowed in designated areas only.

4.5. Safety and Financial Information. As required by the Air Safety Clause at TRANSFAR 5552.247-9000, the contractor must satisfy the requirements of 32 CFR, Part 861, Section 861.4. The DOD will conduct periodic evaluations to assess the contractor’s ability to perform safely. To complete the evaluation, the government may contact the contractor in order to obtain information bearing upon the contractor’s practices, resources, and capabilities. Upon request, the contractor shall provide data pertinent to such evaluations, including current audited financial statements, to HQ AMC/A3B, 402 Scott Drive, Unit 3A1, Scott AFB, IL 62225-5357. The contractor will also comply with all Danish and Greenlandic civil aviation requirements.

4.6. Additional Standards. All aircraft operations shall be conducted under Federal Aviation Administration (FAA) Regulation Part 121 or 135, or Civil Aviation Authority (CAA) equivalent, and with all DOD additional standards as published on the following web site: http://www.amc.af.mil/Home/AMC-Commercial-Services/

4.6.1. Aircraft operations shall be in compliance with Thule Air Base Instruction (TABI) 13-204, Airfield Operations.

4.6.2. Vehicle operations on the airfield shall be in compliance with TABI 13-213, Airfield Driving Instruction.

4.6.3. All operations shall be in compliance with the Final Governing Standards (FGS) for Environmental Protection by US Forces in Greenland and all Thule AB Environmental Plans.

4.7. Insurance. The contractor shall carry insurance coverage with an overall limit of at least $20,000,000 U.S. Dollars for each accident. (Charter and Scheduled Service)

4.7.1. Air Carrier Insurance Requirements. Prior to performance of any services hereunder, the contractor shall, at its own expense, procure and maintain through a financially and legally responsible insurance company or companies, minimum insurance coverage for Liability for Bodily Injury to or Death of Aircraft Passengers; Liability for Bodily Injury to or Death of Persons (excluding passengers); and Liability for Loss of or Damage to” Property. Insurance coverage must be maintained during the entire performance period of this contract. Minimal insurance coverage requirements are listed below. These coverage amounts are stated in U.S. Dollars.

4.7.1.1. Liability for Bodily Injury to or Death of Aircraft Passengers: A minimum for each person of at least three-hundred thousand ($300,000.00), and a minimum for each occurrence in any one aircraft of at least an amount equal to the sum produced by multiplying three-hundred thousand ($300,000.00) by seventy-five percent (75%) of the number of passenger seats.

4.7.1.2. Liability for Bodily Injury to or Death of Persons (excluding passengers): A minimum of at least three-hundred thousand dollars ($300,000.00) for each person in any one accident, and a limit of at least twenty million dollars ($20,000,000.00) for each accident.

4.7.1.3. Liability for Loss of or Damage to Property: A minimum of at least twenty million dollars ($20,000,000.00) for each accident.

4.7.1.4. If Combined Single Minimum Liability is used; the amount thereof shall be at least equal to the combined minimum prescribed above for the various categories of split limits coverage.

4.7.1.5. Liability payment insurance purchased pursuant to the requirements of this paragraph shall cover payment to the U.S. Government provided medical care to the extent that said insurance would cover payment of the cost of medical care in the absence of any U.S. Government obligation to provide medical care.

4.7.1.6. In the event of cancellation or material change in policy coverage, thirty calendar days prior written notice shall be given to the Contracting Officer.

4.8. Task Orders. The Contracting Officer will issue all task orders. After task orders are issued, flights will be scheduled at least 24 hours in advance by the COR at 21 LRS. The contractor shall not initiate any action prior to perform any work under this contract that would exceed the amount of the task order.

4.9. Danish Aviation Ministry. Following the completion of any Civil Aviation Agency inspection, the contractor shall furnish copies of the inspection report to the U.S. DOD Air Carrier Survey and Analysis Office, HQ AMC/A3B, 402 Scott Drive, Unit 3A1, Scott Air Force Base, Illinois 62225-5357.

4.10. Holidays. Flights will not operate into Thule AB on the following United States holidays. Flights in progress at midnight preceding the foregoing holidays shall not be affected.

· New Year’s Day, January 1st

· Martin Luther King Day, third Monday in January

· President’s Day, third Monday in February

· Memorial Day, last Monday in May

· Independence Day, July 4th

· Labor Day, first Monday in September

· Columbus Day, second Monday in October

· Veterans Day, November 11th

· Thanksgiving Day, fourth Thursday in November

· Christmas Day, December 25th

4.11. Notice of Accidents/Incidents.

4.11.1. When a contractor’s aircraft is involved in an accident or incident, whether in support of this contract or not, the contractor will notify HQ AMC/A3B, Scott AFB IL at (618) 229-4801 or 4343. Accident information should be provided within the next business day by the most expeditious means available. Accidents and incidents are defined in 49 CFR, Part 830. Fatal or otherwise serious accident information is forwarded to the Commercial Airlift Review Board (CARB) for review IAW public law. On the next business day, the contractor shall notify the Contracting Officer. The following information will be required:

4.11.1.1. Carrier and trip number.

4.11.1.2. Aircraft type and number.

4.11.1.3. Date and time of accident/incident.

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

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

4.11.1.6. Total number of crewmembers and passengers on board.

4.11.1.7. Number of injured and fatalities aboard the aircraft.

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

4.11.2. Aircraft Medical Incidents. The contractor shall report all aircraft medical incidents in flight, or while passengers are under the control of the aircraft captain, to the first available COR or Contract Administrator at the next enroute station for in flight incidents, or the station when the incident occurs.

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

US Army: (800) 325-4988 US Marines: (800) 847-1597 US Navy: (800) 368-3202 US Air Force: (800) 433-0048 US Coast Guard:

Atlantic Area Op’s Center, accidents east of the Mississippi, (757) 398-6390 Pacific Area Op’s Center, accidents west of the Mississippi, (510) 437-3701

An informational copy shall be faxed to USTRANSCOM/TCAQ-C (618) 220-7909, Attn: TCAQ-CL and to 618 AOC (TACC)/XOG (618) 229-7876 or Emergency Action Cell (618) 229-0153.

4.12. Performance of Services During Crisis Declared by the President of the United States or the United States Secretary of Defense. In the event of a declared crisis the contractor is relieved from the requirements of this contract in coordination with the contracting officer.

4.13. Customs Clearance.

4.13.1. The contractor shall provide duty-free customs clearance for all shipments.

4.13.2. Customs clearance procedures and updates can be reviewed in the Defense Transportation Regulation (DTR) Part V, Department of Defense Customs/Border Clearance Policies and Procedures, which is available on the public web page at:

https:www.ustranscom.mil/dtr/dtrp5.cfm

4.13.3. In the event that a shipment is not duty free, the contractor shall process in the same manner provided for its commercial customers and shall properly itemize on all invoices for reimbursement.

4.13.4. The contractor shall serve as agent and appoint sub-agents, as may be necessary, to act directly or through such re-delegation, appointment, or designation to other customs brokers, persons or business concerns as it deems necessary for performance of customs clearance and shall provide all customs forms necessary for customs clearance.

4.14. Quality Control Program. The contractor shall employ quality control activities in accordance with their commercial quality control program to ensure acceptable contract services are provided.

4.14.1. The contractor’s inspection instructions, auditing, and testing shall be kept current with contract requirements and shall encompass all aspects of the contract. The inspection instructions shall include the specific criteria for approval and rejection of services that will be used in each inspection or audit; checklists may be used for this purpose.

4.14.2. The contractor’s inspection instructions shall be submitted to the Contracting Officer within 30 calendar days after contract award. An updated copy shall be provided to the Contracting Officer on the contract start date and thereafter as changes occur.

4.14.3. The contractor shall maintain records of all audits and inspections and make available to the government upon request. The quality assurance records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the nature of corrective action taken as appropriate.

4.15. Common Access Card. Foreign national contractor personnel will not be issued a Common Access Card (CAC) for this requirement.

4.16. Safeguarding Information and Cyber Incident Reporting. The services provided within the scope of this contract are considered "operationally critical support" as defined in DFARS 252.204-7012, "Safeguarding Covered Defense Information and Cyber Incident Reporting.”

4.17 Subcontractor Suitability.The contractor shall have the responsibility to determine the suitability of its prospective subcontractors pursuant to Federal Acquisition Regulation (FAR) Subparts 25.701, Prohibited Sources, and 9.104-4, Subcontractor Responsibility. Special factors related to performance of this contract compel the contracting officer to assist in that determination. These factors include critical requirements, substantial subcontracting, safety concerns, risk of terrorism, espionage, and rapidly changing organizational forms that may mask prior performance records and relationships with affiliated concerns.

4.17.1. To facilitate this determination, contractors shall submit a quarterly report to the contracting officer for each foreign transportation first tier subcontractor used in contract performance. This report is due 30 days after the end of each reporting period. Quarterly reporting periods are Jan-Mar, Apr-Jun, Jul-Sep, and Oct-Dec. The report shall include the following information:

4.17.1.1. Legal Company Name/All Previous Names

4.17.1.2. Complete Address

4.17.1.3. Telephonic contact information, to include fax number

4.17.1.4. ICAO/Country

4.17.1.5. Owner(s) name and e-mail address

4.17.1.6. Manager(s) name and e-mail address

4.17.1.7. As applicable, a copy of operating certificates or licenses (e.g. Air Operating Certificates for air carriers or an Afghanistan Investment Support Agency (AISA) license for performance in Afghanistan) shall be provided along with the name of the country that issued the certificate and the expiration date.X.X. Prior to contract performance and periodically throughout performance, the contracting officer shall make available to the contractor the name of active or potential subcontractors with questioned suitability. The contractor shall not allow named entities to perform any role in performance under this contract. The Government will not be liable for any costs incurred by the contractor in establishing or terminating use of a subcontractor found to be unsuitable.

4.17.2. An unsuitable determination does not preclude the contractor from nominating an unsuitable entity for reconsideration during the contract performance period. The contractor is encouraged to provide the contracting officer additional information that may attest to the subcontractor's suitability. Any entity listed in the U.S. Government Consolidated Screening List (http://export.gov/ecr/eg_main_023148.asp) or otherwise prohibited per FAR Subpart 25.7, Prohibited Sources, will not be reconsidered.

5.0. Performance Schedule. As noted in paragraph 1.1.1, specific dates and times of charter flights will be agreed upon by the representatives of the contractor and the COR (21 LRS). The U.S. Government in cooperation with the contractor will establish an annual flight schedule upon contract execution and the execution of an option, if exercised.

6.0. Cyber Security

6.1 General Cyber Security Requirements

6.1.1. Handling and Protection of Non-Public Information. In performance of this contract, the contractor may have access to DoD Transactional Information (DTI), which for the purposes of this section shall mean any information developed or received in the course of planning, ordering, shipping, tracking, and invoicing in support of the requirements of this contract. To adequately protect this DTI, contractor information systems (IS) involved in the performance of this contract shall comply with the security requirements in the current version of the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” as soon as practical but no later than 01 August 2019. Compliance with NIST SP 800-171 measures is required at the prime contractor level and does not apply to subcontractors and other entities that the prime contractor engages with in order to meet the requirements of this contract.

Additionally, the contractor agrees to use such information only for the purposes of fulfilling the contracted requirements and to protect such information from unauthorized release or disclosure. Protection of the DTI does not abrogate any responsibilities of the contractor to comply with or implement additional cyber security requirements as part of generally accepted system security principles or as required by other categories of information that may be co-resident with the DTI on the contractor’s IS.

6.1.2. Operationally Critical Support. The services designated under this contract are “operationally critical support” as defined in DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

6.2. Cyber Security Assessments and Mitigation Plans.

6.2.1 The contractor shall provide a Self-Assessment of its compliance with NIST SP 800-171 and present a Plan of Action that identifies any deviations, non-compliance, or proposed alternative means of compliance as well as plans for correcting non-compliant requirements to the contracting officer on 01 August 2019 and then annually thereafter. The Self-Assessment and Plan of Action shall address all of the requirements in NIST SP 800-171. The table in Appendix 1 provides modified requirements of CUI/CDI specific controls from NIST SP 800-171 that will be used to evaluate compliance in a non-CUI/CDI environment. Additionally, at any time during the period of performance, when a contractor determines it is non-compliant with a NIST SP 800-171 requirement or an approved alternate means of compliance resulting in a High or Moderate Potential Impact as defined in Federal Information Processing Standards Publication (FIPS PUB) 199, “Standards for Security Categorization of Federal Information and Information Systems,” the contractor shall submit a Plan of Action within 15 days of the determination of non-compliance.

6.2.2. Plans of Action and any requests to vary from NIST SP 800-171 shall be submitted to the contracting officer for consideration and approval by USTRANSCOM. The Contractor need not implement any security requirement determined by USTRANSCOM to be non-applicable or to have an equally effective alternative security measure implemented in its place. The Plan of Action shall follow the template provided in Appendix 2. Alternate formats for the Plan of Action may be proposed and must be approved by USTRANSCOM.

6.2.3. USTRANSCOM may conduct an on-site visit to a contractor's facility or request a third party assessment (U.S. Government agency or U.S. Government funded commercial entity) to review progress towards meeting their Plan of Action, evaluate any proposed variances to NIST SP 800-171 requirements, and to assess residual risk to the DTI resulting from the non-compliance. Date and time of on-site visits will be mutually agreed-upon by USTRANSCOM and the contractor in advance.

6.3. Cyber Incident Reporting.

6.3.1. When the contractor discovers a cyber incident, as defined in DFARS Clause 252.204-7012, that affects the contractor’s ability to perform the operationally critical support as identified in the contract, the contractor shall, as soon as practicable, but no later than 72 hours after discovering the incident, notify the USTRANSCOM Deployment and Distribution Operations Center (DDOC) Chief at 618-220-7700. If the contractor does not immediately reach the DDOC Chief via phone, the contractor shall send a notification email to transcom.scott.tcj3.mbx.ddoc-chief@mail.mil. The contractor shall provide an initial description of the incident that will include the information known at the time of the notification and shall provide a company POC who shall work with USTRANSCOM DDOC through the resolution of the incident.

6.3.2. The contractor shall also report the incident as outlined in DFARS 252.204-7012.

6.3.3. USTRANSCOM may conduct an on-site review 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.

Appendices

1. NIST SP 800-171 Requirements

2. NIST.SP.171 POA&M

Appendix 1 Modified NIST SP 800-171 Requirements

Appendix 2

NIST.SP.800-171 POA&M

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Appendix 2 NIST SP 800 171 POAM.xlsx

POA&M

Compliant (Yes/No) NIST 800-171 Control Number Control Family Control Text Control Type Non-Compliance Detection Date Scheduled Completion Date Actual Completion Date Original Impact Level Adjusted Impact Level Adjusted Impact Rationale (If Applicable) Supporting Documentation / System Controls Status / Comments Responsible Party: IT Operations, Security Office, and/or Data Custodian ISO 27002:2013 Mapping

3.1.1 Access Control Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems). Basic IT Operations, Data Custodian A.6.2.1, A.6.2.2, A.6.2.2, A.9.1.2, A.9.2.1, A.9.2.2, A.9.2.3, A.9.2.5, A.9.2.6, A.9.4.1, A.9.4.4, A.9.4.5, A.13.1.1, A.13.2.1, A.14.1.2, A.14.1.2, A.14.1.3, A.18.1.3

3.1.2 Access Control Limit information system access to the types of transactions and functions that authorized users are permitted to execute. Derived IT Operations, Data Custodian A.6.2.1, A.6.2.2, A.6.2.2, A.9.1.2, A.9.2.1, A.9.2.2, A.9.2.3, A.9.2.5, A.9.2.6, A.9.4.1, A.9.4.4, A.9.4.5, A.13.1.1, A.13.2.1, A.14.1.2, A.14.1.2, A.14.1.3, A.18.1.3

3.1.3 Access Control Control the flow of CUI in accordance with approved authorizations. Derived IT Operations A.13.1.3, A.13.2.1, A.14.1.2, A.14.1.3

3.1.4 Access Control Separate the duties of individuals to reduce the risk of malevolent activity without collusion. Derived IT Operations A.6.1.2

3.1.5 Access Control Employ the principle of least privilege, including for specific security functions and privileged accounts. Derived IT Operations A.9.1.2, A.9.2.3, A.9.4.4, A.9.4.5

3.1.6 Access Control Use non-privileged accounts or roles when accessing nonsecurity functions. Derived IT Operations A.9.1.2, A.9.2.3, A.9.4.4, A.9.4.5

3.1.7 Access Control Prevent non-privileged users from executing privileged functions and audit the execution of such functions. Derived IT Operations A.9.1.2, A.9.2.3, A.9.4.4, A.9.4.5

3.1.8 Access Control Limit unsuccessful logon attempts. Derived IT Operations A.9.4.2

3.1.9 Access Control Provide privacy and security notices consistent with applicable CUI rules. Derived IT Operations A.9.4.2

3.1.10 Access Control Use session lock with pattern-hiding displays to prevent access/viewing of data after period of inactivity. Basic IT Operations A.11.2.8, A.11.2.9

3.1.11 Access Control Terminate (automatically) a user session after a defined condition. Derived IT Operations None

3.1.12 Access Control Monitor and control remote access sessions. Derived IT Operations A.6.2.1, A.6.2.2, A.13.1.1, A.13.2.1, A.14.1.2

3.1.13 Access Control Employ cryptographic mechanisms to protect the confidentiality of remote access sessions. Derived IT Operations A.6.2.1, A.6.2.2, A.13.1.1, A.13.2.1, A.14.1.2

3.1.14 Access Control Route remote access via managed access control points. Derived IT Operations A.6.2.1, A.6.2.2, A.13.1.1, A.13.2.1, A.14.1.2

3.1.15 Access Control Authorize remote execution of privileged commands and remote access to security-relevant information. Derived IT Operations A.6.2.1, A.6.2.2, A.13.1.1, A.13.2.1, A.14.1.2

3.1.16 Access Control Authorize wireless access prior to allowing such connections. Derived Security Office, IT Operations A.6.2.1, A.13.1.1, A.13.2.1

3.1.17 Access Control Protect wireless access using authentication and encryption. Derived IT Operations A.6.2.1, A.13.1.1, A.13.2.1

3.1.18 Access Control Control connection of mobile devices. Derived Security Office, IT Operations A.6.2.1, A.11.2.6, A.13.2.1

3.1.19 Access Control Encrypt CUI on mobile devices. Derived IT Operations A.6.2.1, A.11.2.6, A.13.2.1

3.1.20 Access Control Verify and control/limit connections to and use of external information systems. Derived Security Office A.11.2.6, A.13.1.1, A.13.2.1

3.1.21 Access Control Limit use of organizational portable storage devices on external information systems. Derived Security Office A.11.2.6, A.13.1.1, A.13.2.1

3.1.22 Access Control Control information posted or processed on publicly accessible information systems. Derived Security Office, IT Operations None

3.2.1 Awareness and Training Ensure that managers, systems administrators, and users of organizational information systems are made aware of the security risks associated with their activities and of the applicable policies, standards, and procedures related to the security of organizational information systems. Basic Data Custodian, Security Office A.7.2.2, A.12.2.1

3.2.2 Awareness and Training Ensure that organizational personnel are adequately trained to carry out their assigned information security-related duties and responsibilities. Basic Data Custodian, Security Office A.7.2.2, A.12.2.1

3.2.3 Awareness and Training Provide security awareness training on recognizing and…