PWS for Support for Cargo to Gambell as of 21 July 2023.pdf

PERFORMANCE WORK STATEMENT (PWS)

Support for Cargo to Gambell

U.S. Army North (ARNORTH)

PART 1

GENERAL INFORMATION

1. General: This is a non-personal services contract to provide air freight service from Joint

Base Elmendorf-Richardson, Alaska to Gambell, Alaska and return. The government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn, is responsible to the government.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform air freight service from Joint Base Elmendorf-

Richardson, Alaska to Gambell, Alaska and return as defined in this performance work statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: Air freight service is needed from Joint Base Elmendorf-Richardson, Alaska to Gambell, Alaska to support an ARNORTH mission.

1.3 Objectives: Transport of four containers (two (2) ISU-90 108x88x94 approximately 5,000 pounds, one (1) TRICON 96x78x96 approximately 5,000 pounds, and one (1) Pelican case

72x72x84 approximately 1000 pounds) weighing a total of approximately 23,000 pounds, along with two military escorts with equipment weighing approximately 250 pounds.

1.4 Scope: The contractor shall provide ground freight service from Joint Base Elmendorf-

Richardson, Alaska, to the contractor’s flight line, and air freight service to Gambell, Alaska.

The freight consists of four (4) containers weighing approximately 23,000 pounds and two military escorts and an additional equipment weighing approximately 250 pounds. The contractor will provide the Material Handling Equipment (MHE) to load and unload the containers at JBER and the contractor’s flight line. One (1) air freight aircraft will be used to transport the containers and military escorts from the contractor’s flight line to Gambell and return. The contractor will provide ground freight service to include MHE from the contractor’s flight line to Joint Base Elmendorf- Richardson, Alaska.

1.5 Period of Performance: The period of performance shall be for one (1) base year of 1 month and zero (0) option years. The period of performance reads as follows:

Base Year: 20 August 2023 to 28 September 2023

1.6 General Information

1.6.1 Place of Performance: The work to be performed under this contract will be performed between Joint Base Elmendorf-Richardson, Alaska, the contractor’s flight line, and Gambell, Alaska.

1.6.2 Type of Contract: The government will award a firm-fixed price type of contract.

1.6.3 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information, and property provided for contractor use. Government facilities, equipment, and materials shall be secured at the close of each work period.

1.6.4 Weather Delay: If a weather delay occurs at Joint Base Elmendorf-Richardson or

Gambell, Alaska, preventing the contractor from completing the scheduled flight, the contractor shall promptly notify the contracting agency and provide an estimated time of departure once weather conditions improve. The contractor shall make all reasonable efforts to minimize the delay and resume operations as soon as weather conditions permit safe flight operations. The contracting agency shall bear no additional costs or penalties for weather delays, as it is considered beyond the control of the contractor.

1.6.5 Flight Returns to Base due to Weather: If a flight must return to base due to adverse weather conditions encountered during transit to or from Gambell, Alaska, the contractor shall immediately inform the contracting agency of the situation and the reason for the return. The contractor shall coordinate with the contracting agency to determine the appropriate course of action, which may include rescheduling the flight, redirecting the cargo to an alternative destination, or holding the cargo until weather conditions improve. Any additional costs incurred as a result of the flight return to base due to weather, such as fuel, maintenance, or crew expenses, shall be the responsibility of the contractor unless otherwise specified and agreed upon in writing by the contracting agency.

1.6.6 Storage Fee: If equipment is delivered early or not picked up from the contractor within the first three days, a fee of $2.50 per 100 pounds per day with a minimum of $50.00 per week and a maximum of $3000 per week will be applied.

1.6.7 Contracting Officer Representative (COR): The COR will be identified by a separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including government drawings, designs, and specifications; monitor contractor's performance and notify both the contracting officer and contractor of any deficiencies;

coordinate availability of government furnished property; and facilitate site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.8 Key Personnel: The follow personnel are considered key personnel by the government:

Earl A. Kimmerly Jr. (210) 221-0562 earl.a.kimmerly.civ@army.mil, MAJ Jeremy Warnken

ARNORTH G2 Deputy ACE Chief 210-221-2748 931-581-9128 jeremy.l.warnken.mil@army.mil and CPT Yongbin Ha Operations / Resource Management 210

808-5400 Yongbin.j.ha.mil@mail.mil The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 8:00 a.m. to 4:30p.m., Monday through Friday except for federal holidays or when the government facility is closed for administrative reasons.

1.6.9 Identification of Contractor Employees: The contractor (to include subcontractors) shall provide each employee an identification (ID) badge, which includes at a minimum, the company name, employee name and a color photo of the employee. ID badges for key personnel shall also indicate their job title. ID badges shall be worn at all times during which the employee is performing work under this contract. Each contractor (to include subcontractors) employees shall wear the ID badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The contractor (to include subcontractors) shall be responsible for collection of ID badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the contracting officer prior to the contract performance date and updated as needed to reflect contractor and subcontractor personnel changes. All contract personnel attending meetings, answering government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.7. Supervision of Contractor Employees: The government will not exercise any supervision or control over contractor or subcontractor employees while performing work under the contract.

Such employees shall be accountable solely to the contractor, not the government. The contractor, in turn, shall be accountable to the government for contractor or subcontractor employees.

1.6.8 Organizational Conflict of Interest:

a. Purpose. The primary purpose of this clause is to aid in ensuring that:

(1) The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

(2) The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and mailto:earl.a.kimmerly.civ@army.mil mailto:jeremy.l.warnken.mil@army.mil mailto:Yongbin.j.ha.mil@mail.mil

(3) The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

b. Definitions.

(1) The term “Contractor” herein used means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) its parent organization if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

(2) The term "proprietary information" for purposes of this clause means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

c. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

(1) Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

(2) Impaired Objectivity. This type of conflict may exist where a Contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a Contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

(3) Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

d. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant

Conflicts of Interest, concerning organizational conflicts of interest govern this contract.

Potential conflicts may exist in accordance with FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-

4, Obtaining Access to Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the Contracting Officer that arise as the result of performance under this contract. To avoid or mitigate a potential conflict related to performance under this contract, the Contracting Officer will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the Contracting Officer may impose constraints other than, or in addition to, the constraints listed below.

(1) The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a Subcontractor or consultant to a supplier of the system or any of its major components.

(2) The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it shall not be allowed to furnish these items, either as a prime

Contractor, a Subcontractor or as a consultant.

(3) The Contractor agrees that it shall neither evaluate nor advise the Government with regard to its own products or activities. The Contractor shall objectively evaluate or advise the

Government concerning products or activities of any prospective competitors.

(4) The Contractor agrees that if it gains access to proprietary information of other companies, it shall exercise diligent effort to protect such proprietary information from unauthorized use or disclosure. In addition, the Contractor agrees to protect the proprietary information of other organizations disclosed to the Contractor during performance of this contract with the same caution that a reasonably prudent Contractor would use to safeguard highly valuable property.

The Contractor also agrees that if it gains access to the proprietary information of other companies it shall enter into written agreements with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and to refrain from using the information for any purpose other than that for which it was furnished.

The Contractor shall provide copies of such agreements to the Contracting Officer.

(5) If the Contractor, in the performance of this contract, obtains access to plans, policies, reports, studies, financial plans, data or other information of any nature which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the Contracting Officer, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, or

(b) release such information unless release is otherwise authorized under the contract or such information has previously been released or otherwise made available to the public by the

Government.

e. Non-Disclosure Agreements. The Contractor shall obtain from each employee who has access to proprietary information under this contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary information received in connection with the work under this contract. The Contractor shall educate its employees regarding the restrictions so that they shall not use or disclose proprietary information or data generated or acquired in the performance of this contract except as provided herein.

f. Training. The Contractor shall effectively educate its employees, through formal training, company policy, information directives and procedures, in an awareness of the legal issues so that each employee shall know and understand the absolute necessity of safeguarding information from anyone other than the Contractor's employees who have a need to know, and the U.S. Government.

g. Subcontracts. The Contractor agrees that it shall include the provisions in paragraphs d., e., and f. above and this paragraph in consulting agreements, teaming agreements, and subcontracts of all tiers which involve access to information, or the performance of services described in paragraph d. above. The use of this clause in such agreements shall be read by substituting the word "consultant" or "Subcontractor" for the word "Contractor" whenever the latter appears.

h. Additional Constraints. If this contract provides for the issuance of task or delivery orders, such orders may impose additional requirements and restrictions relating to this clause to include the requirement for the Contractor and its Subcontractors and employees to furnish the

Government with written non-disclosure agreements or statements of no conflict of interest. With regard to any proposal submitted by the Contractor in response to a Request for Task or Delivery Order

Proposal, by submitting its proposal the Contractor represents that it has disclosed to the Contracting

Officer, prior to the issuance of the task or delivery order, all facts relevant to the existence or potential existence of organizational conflict of interest.

i. Conflicts Involving Future Procurements. The award of this contract, task or delivery orders issued under this contract, Government taskings, or acquiescence in the Contractor’s performance of services hereunder shall not constitute or be interpreted as a determination that the Contractor is eligible to participate in future procurements, developmental efforts, implementation efforts, or related activities. Only the Contracting Officers for such efforts, applying the rules, principles, and procedures have the authority to determine whether a conflict exists in connection with such procurements.

j. Representations and Disclosures.

(1) The Contractor represents that it has disclosed to the Contracting Officer, prior to award of this contract, all facts relevant to the existence or potential existence of organizational conflict of interest.

(2) The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award of this contract, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflict.

k. Remedies and Waiver.

(1) For breach of any of the above restrictions or for non-disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the Contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the Contractor discovers and promptly reports an organizational conflict of interest (or the potential thereof) subsequent to contract award, the Contracting

Officer may terminate this Contract or any task or delivery order issued under this Contract for convenience if such termination is deemed to be in the best interest of the Government.

(2) The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the Contractor may at any time seek a waiver from the cognizant Contracting Officer by submitting a full written description of the requested waiver and the reasons.

1.6.9 COMBAT TRAFFICKING IN PERSON.

IAW FAR 52-222-50. Contractor Requirements.

The Contractor shall –

(1) Notify its employees of

(i) The U.S. Government's zero tolerance policy.

(ii) Actions that will be taken against employees for violations of this policy.

(2) Take appropriate action.

Part II, Trafficking in Persons (TIP)

1. The Contractor has a procedure for notifying employees of TIP and proof of such notification on file via:

i. Training records or

ii. Employee signature

2. Has documented actions on file citing appropriate action to TIP violations.

3. Record of documented violations to date (if any).

4. The Contractor has a procedure for notifying the Contracting Officer if information is received or actions related to TIP are observed.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACT ADMINISTRATOR. The official government representative delegated authority by the contracting officer to administer a contract. This individual is normally a member of the appropriate contracting/procurement career field and advises on all technical contractual matters.

2.1.2. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or services to the government. The term used in this contract refers to the prime.

2.1.3. CONTRACTING OFFICER. A person with authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

2.1.4. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does not have authority to change the terms and conditions of the contract.

2.1.5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the performance work statement.

2.1.6. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.7. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY

(GP). Property in the possession of, or directly acquired by, the government and subsequently made available to the contractor.

2.1.8. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the key personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.9. PHYSICAL SECURITY. Actions that prevent the loss or damage of government property.

2.1.10. QUALITY ASSURANCE. The government procedures to verify that services being performed by the contractor are acceptable in accordance with established standards and requirements of this contract.

2.1.11. QUALITY ASSURANCE SPECIALIST. An official government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control. Acts as technical advisor to the contracting officer in these areas.

2.1.12. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.13. QUALITY CONTROL. All necessary measures taken by the contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.14. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The government does not have privity of contract with the subcontractor.

2.1.15. WORK DAY. The number of hours per day the contractor provides services in accordance with the contract.

2.1.16. WORK WEEK. Monday through Friday, except for federal holidays unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

CFR Code of Federal Regulations

CMR Contract Manpower Reporting

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTS Commercial-Off-the-Shelf

DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement

DMDC Defense Manpower Data Center

DOD Department of Defense

FAR Federal Acquisition Regulation

HIPAA Health Insurance Portability and Accountability Act of 1996

KO Contracting Officer

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Equipment: The government will provide the following cargo to be transported

- Four (4) containers weighing a total of 23,000 pounds, along with 250 pounds of equipment with the two military escorts

- Two (2) ISU-90, dimensions 108 in x 88 in x 94 in, weighing approximately 5000 pounds

- Two (2) TRICON, dimensions 6 ft 5-1/2 in x 6 ft 5-1/2 in x 8 ft 0 in, weighing approximately 6000 pounds,

- One (1) Pelican Case dimensions 72 in x 72 in x 84 in, weighing approximately 1000 pounds

- Two (2) Tuff Box 42 in x 26 in x 26 in, weighing approximately 250 pounds

3.2 Personnel: The government will provide two soldier escorts due to the nature of the mission.

3.3 Location of equipment: JBER Alaska TMO, 5257 Finletter Ave, JBER AK 99506

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 Equipment. The contractor shall supply one (1) truck and one (1) forklift needed to load and unload the equipment listed in Section 3. Additionally, one (1) air freight aircraft will be used to transport the equipment and personnel listed in Section 3 from the contractor’s flight line to

Gambell and return.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide services for air freight services in support of an ARNORTH mission. Specifically:

5.1.1 The contractor shall provide a truck and forklift to pick up four containers weighing a total of approximately 23,000 pounds at JBER, Alaska and transport the containers to the contractor’s flight line.

5.1.2 The contractor shall transport the four containers, along with two military escorts with two containers weighing a total of 250 pounds, from the contractor’s flight line to Gambell, Alaska.

5.1.3 Upon arrival in Gambell, Alaska, the containers will be unloaded by a tribal forklift operator using the tribe forklift, and the contractor shall return to their facility empty.

5.1.4 Departing Gambell, Alaska, the four containers weighing a total of approximately

23,000 pounds will be loaded at Gambell by a tribal forklift operator. Two military escorts with two containers weighing a total of 250 pounds will accompany the flight from Gambell, Alaska to the contractor’s flight line.

5.1.5 The contractor shall provide a truck and forklift to pick up the four containers weighing a total of approximately 23,000 pounds at the contractor’s flight line and transport the containers to JBER, Alaska.

5.2. Contractor Manpower Reporting Initiative. In accordance with Office of the Secretary of Defense Memorandum, Revised Department of Defense Contractor Manpower Reporting

Initiative, dated Oct 16, 2019, the Contractor must report contractor manpower to the System for

Award Management website at https://www.sam.gov/SAM/ NLT 31 October each year. The required information includes: (1) Contracting office, contracting officer, contracting officer’s technical representative (COTR) or also know as the contracting officer’s representative (COR);

(2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-contractors); (7) Total payments (including sub-contractors); (8) Predominant Federal Service

Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army

Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by ZIP code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of contractor and sub-contractor employees https://www.sam.gov/ deployed in theater this reporting period (by country). As part of its submission, the contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement.

Reporting period shall be the period of performance not to exceed 12 months ending September

30 of each government fiscal year and must be reported by October 31 of each calendar year.