W9133L-17-R-0035_(AAS)_-_11_May.docx

W9133L-17-R-0035

Section B - Supplies or Services and Prices

Adversary Air

FFP

A3 Adversary Air Support Services FOB: Destination

PURCHASE REQUEST NUMBER: F9WFX15335AW02

MAX

NET AMT

CMRA

CMRA

MAX

FFP

A3 Adversary Air Support Services

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

FFP

MAX

MAX

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$500,000.00

$38,500,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$50,000.00

$6,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

IDIQ MIN AND MAX

IDIQ Information:

This is a single award IDIQ with a minimum dollar value at $500,000.00 and a maximum ceiling of $38,500,000.00.

Section C - Descriptions and Specifications

PWS

PERFORMANCE WORK STATEMENT (PWS)

FOR

Adversary Air Support (AAS) Services

1. General

1.1 Scope of Work: The contractor shall support the Air National Guard/A3O with AAS sorties in order to facilitate training for the Weapons School, Red Flag, and Operational Test adversary support. Each sortie will be approximately 60-90 minutes depending on location and mission. All aircraft support will be conducted within the United States. The contractor’s responsibilities will consist of operating, maintaining, and performance of tactically-relevant aircraft for air-to-air tracking, targeting, and AAS operations, to include associated equipment systems that interface with various platforms and ground force personnel. AAS sorties will integrate as part of the Aggressor Force in support of the Air National Guard adversary air requirements. AAS will simulate non-western threat aircraft capabilities in an air-air environment. Tactical profiles may include, Beyond Visual Range (BVR) engagements, operational test support, dissimilar air combat maneuvers, offensive & defensive, with-in visual range maneuvers, multi-ship tactics and merges and flight from 300 feet AGL to 25,000 feet MSL. The contractor will be available to provide face-to-face mission briefs and debriefs. The contractor shall provide all aircraft, aircrews, and maintenance personnel to support AAS sorties flown.

1.2 Background: Air National Guard (ANG) A3O requires adversary air to help increase fighter squadron combat mission readiness.

1.3 Period of Performance (PoP). The Period of Performance shall be one (1) Base Year of 12 months and four (4) 12-month option years.

1.4 Place of Performance. Primary locations for contract performance are: Volk Field, WI; Alpena, MI; Gulfport, LA; Savannah, GA; Klamath Falls, OR; Oahu, HI; or other locations approved by mutual agreement.

1.4.1 Operating Hours. The contractor shall provide services as scheduled 24 hours a day and seven (7) days a week. Exceptions include recognized US holidays, when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings.

1.4.2 Recognized Holidays. The following are recognized US holidays. The contractor shall not perform services on these days:

New Year’s Day: January 1st Martin Luther King, Jr.’s Birthday President’s Day Memorial Day Independence Day: July 4th Labor Day Columbus Day Veteran’s Day: November 11th Thanksgiving Day Christmas Day

1.4.2.1 In the event additional federal holidays or time off are declared by the President of the United States, Contractor personnel shall seek appropriate guidance on duty location from his/her Contractor supervisor. As a courtesy, the contractor should inform the PMO where support will be provided (i.e., contractor’s site).

1.4.2.2 N/A

1.4.3 Telework. Is not applicable to this contract.

1.4.4 Unscheduled Gate / Base Closures. Unscheduled gate closures by the Security Forces may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.4.1 Contractor shall not report to work on those days the Government or installation is closed due to inclement weather, national emergencies, or other events requiring installation closure. During periods of closure, the Contractor shall work with the Government to determine payment terms; any payments will be subject to Contracting Officer (KO) approval. For official Air Force (AF) or base-level Family Days, or holidays granted by Executive Order, the Government is not liable for the Contractor’s costs incurred for work at the locale affected by the shutdown.

1.4.5 Performance of Services during Crisis or Emergency Conditions. In the event of a crisis, services on this contract have been determined as non-essential and do not require continued support during the crisis.

1.5 General Information

1.5.1 Air Force Privacy Act Program. Contractor personnel may be exposed to data subject to the Privacy Act of 1974. The Contractor shall ensure all its personnel assigned to perform work under this PWS take appropriate action to prevent disclosure of this information and follow the guidance provided in Air Force Instruction (AFI) 33-332, Air Force Privacy and Civil Liberties Program, 12 January 2015.

1.5.2 Air Force Messaging. N/A

1.5.3 Quality Control (QC). The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary. The contractor shall submit along with RFP. After acceptance of the QCP, the contractor shall obtain the KO’s acceptance in writing of any proposed changes to its QCP.

1.5.4 Quality Assurance (QA). The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) (defect rate(s)).

1.6 Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Contracting Officer’s Representative (COR). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the local installation’s Security Forces, Director of Emergency Services or local Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by the Department of Defense (DoD), Headquarters Air Force and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

The contractor shall:

a. Comply with the Computer Security Act of 1987 and all DoD and Air Force requirements for access to sensitive, but unclassified information and classified systems.

b. Ensure personnel assigned under this PWS shall have at least a adjudicated Secret clearance and be entered in the Joint Personnel Adjudication System (JPAS) showing proper access indoctrination before performing any work under this contract effort.

c. Provide properly cleared personnel, providing security briefings, and ensuring compliance by its employees with the Government or Contractor security regulations.

d. Coordinate with the site POC or sponsoring organization on all security issues and to gain access to the base and all areas necessary to execute this project, including special security procedures for entry to restricted or controlled areas. The government reserves the right to refuse entry to any individual at any work location.

e. Protect DoD information technology resources (e.g. installations, personnel, equipment, electronic media, documents, etc.) from damage, loss, theft or unauthorized physical access. The contractor shall ensure physical security is in accordance with DoDD 5200.28.

f. The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. All contractor employees shall carry proper identification with them at all times.

g. Return of ALL badges (controlled/restricted area, local access, building, etc.) to include CAC (if necessary) and any other government property upon contract completion or when contract personnel no longer requires access to the installation (e.g. quits or the contract is terminated).

1.6.1 COMSEC / IT Security. All communications with DoD organizations are subject to communications security (COMSEC) review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time a contractor place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.6.2 Use of Government Information Systems. Use of Government Information Systems (IS) and access to Government networks is a revocable privilege, not a right. Users are the foundation of the DoD strategy and their actions affect the most vulnerable portion of the Air Force’s and Air National Guard’s Enterprise Information (EI). Contractor employees shall have a favorable background investigation or hold a security clearance and access approvals commensurate with the level of information processed or available on the system. Contractor employees shall:

a. Contract personnel will not have access to any installations network, nor have any computer accounts created for the performance of this contract.

1.6.3 Protection of Personally Identifiable Information (PII). The contractor shall protect all PII encountered in the performance of services in accordance with DFARS 224.103 and DoDD 5400.11, DoD Privacy Program, and DoD 5400.11-R. If a PII breach results from the contractor’s violation of the aforementioned policies, the contractor shall bear all notification costs, call-center support costs, and credit monitoring service costs for all individuals who’s PII has been compromised.

1.6.4. CAC Requirements. The Common Access Card (CAC) is the DoD Federal Personal Identity Verification (PIV) credential. The issuance of a CAC will be based on four (4) criteria; (a) eligibility for a CAC; (b) verification of DoD affiliation from an authoritative data source IAW DoDM 1000.13, V1, DoD Identification (ID) Cards: ID Card Life Cycle, January 2014; (c) completion of background vetting requirements according to the Federal Information Processing Standards Publication 201-2, Personal Identity Verification (PIV) of Federal Employees and Contractors, August 2013, and DoD 5200.2-R, Department of Defense Personnel Security Program, January 1987; and (d) verification of a claimed identity. CAC eligible personnel must be registered in the Defense Enrollment Eligibility Reporting System (DEERS) through either an authoritative personnel data feed from the appropriate Service or Agency or Trusted Associate Sponsorship System (TASS).

1.6.4.1 HSPD-12 Background Investigation Requirements. The contractor will ensure CACs are obtained by all contract or subcontract personnel assigned to work on the Government site and/or requiring access to a DoD network. In accordance with DoDI 5200.46, DoD Investigative and Adjudicative Guidance for Issuing the Common Access Card (CAC), September 2014, a favorably adjudicated National Agency Check with Inquiries (NACI) or equivalent in accordance with revised Federal Investigative Standards is the minimum investigation required for a final credentialing determination for a CAC. The contractor shall make all reasonable efforts to ensure that contractor employees meet CAC eligibility standards upon assignment to the contract and shall be held responsible for delays, failure to meet performance requirements or decreases in efficiency in accordance with the applicable inspection clause.

a. With this contract requiring members to have a minimum adjudicated Secret clearance, their investigation requirements will exceed the HSPD-12 requirement for a CAC.

1.6.4.2 Trusted Associate Sponsorship System (TASS). The contractor is responsible for processing applications for CAC for every contractor employee who deploys with the military force OR who has need to access any government computer network in accordance with FAR 52.204-9, "Personal Identity Verification of Contractor Personnel."

The contractor is responsible for managing requests for new or renewal CACs in sufficient time to ensure that all contractor employees have them when needed to perform work under this contract. The norm is at least ten calendar days advance notice to the Trusted Agent (TA), unless there are extenuating circumstances approved by the Contracting Officer's Representative (COR) or Contracting Officer.

It is recommend that a "Corporate Facility Security Officer" (FSO) be designated to serve as your firm's single point of contact for Background Investigation (BI), the TASS application process and other CAC and security related matters. If a FSO is not established, each contractor employee requiring a CAC will be required to process their own applications.

CAC applications shall be processed through the TASS. The contractor's FSO or contractor employee shall submit requests for a CAC via email to the designated TASS Trusted Agent (TA) before accessing the TASS website. The TASS TA for this requirement will be provided upon contract award.

The government will establish a TASS application account for each CAC Request and will provide each contractor employee a USER ID and Password, via email, to the FSO. The FSO or contractor employee shall access the TASS account and complete the CAC application (entering/editing contractor information as applicable) at: https://www.dmdc.osd.mil/tass/.

The FSO or contractor employee will submit completed applications in TASS and will follow up to ensure that the TA is processing the request.

A CAC cannot be issued without evidence that the FSO has initiated a NACI or a personnel security investigation (PSI) equal to or greater in scope than a NACI.

The government will inform the contractor's applicant, via email, of one of the following:

a. Approved.* Upon approval, the information is transferred to the DEERS database and an email notification is sent to the contractor with instructions on obtaining their CAC. The contractor proceeds to a Real-Time Automated Personnel Identification System (RAPIDS) station (RAPIDS Site Locator: http://www.dmdc.osd.mil/rsl/).

b. Rejected.* The Government, in separate correspondence, will provide reason(s) for rejection.

c. Returned. Additional information or correction to the application required by the contractor employee.

* The contractor shall maintain records of all approved and rejected applications.

At the RAPIDS station, the RAPIDS Verification Officer will verify the contractor by social security number and two forms of identification. Identity source documents must come from the list of acceptable documents included in Form I-9, OMB No. 115-0136, "Employment Eligibility Verification." Consistent with applicable law, at least one document from the Form I-9 list shall be a valid (unexpired) State or Federal Government-issued picture identification (ID). The identity documents will be inspected for authenticity and scanned and stored in the DEERS upon issuance of an ID. The photo ID requirement cannot be waived, consistent with applicable statutory requirements. The Verification Officer will capture primary and alternate fingerprints, picture, and updates to DEERS and will then issue a CAC.

Issued CACs shall be issued for the period of performance (current contract year), not the contract end date (inclusive of any options). CACs are validated by the acceptance and issuance of the new Option Year.

The contractor shall return issued CAC's to the TA, COR or DEERS office upon departure or dismissal of each contractor employee. Obtain a receipt for each card and provide to the TA/COR if returned to a DEERS office.

1.6.5 Advanced Distributed Learning Service (ADLS). All contractor employees and associated sub-contractor employees assigned to work on a government site and/or requiring access to a DoD network will be required to register with ADLS at commencement of services in order to complete the necessary training required of them initially and annually for the duration of the contract (i.e., DoD Information Assurance, Operational Security, Security Administration). ADLS website:

https://golearn.csd.disa.mil/kc/rso/login/ADLS_login.asp

1.6.6 Classified Information. For contracts that require handling or access to classified information, the contractor shall comply with FAR Clause 52.204-2, Security Requirements, including the National Industrial Security Program Operating Manual (DoD 5220.22-M) and applicable updates/changes. This clause involves access to information classified “Secret” and requires contractors to comply with a Visitor Group Security Agreement (VGSA) with all contractor operations located on Air Force/Air National Guard installations in accordance with this PWS. Contract personnel must be entered in the JPAS and vendor will comply with paragraph 1.6b above. A DD 254, DoD Contract Security Classification Specification, is required for all classified contracts. Completion of the Security Administration computer based training on ADLS is required.

1.6.7 Visitor Group Security Agreement (VGSA). The contractor shall enter into a long-term visitor group security agreement at each location where contract performance is on an Air Force/Air National Guard installation. This agreement shall outline how the contractor integrates security requirements for contract operations with the Air Force to ensure effective and economical operation on the installation. The agreement shall be executed within the phase-in period by way of the Information Protection Office at each location and include:

a. Security support provided by the Air Force to the contractor shall include but not limited to storage containers for classified information/material, use of base destruction facilities, classified reproduction facilities, use of base classified mail services, security badges, base visitor control, investigation of security incidents, training, base traffic regulations and the use of security forms and conducting inspections required by DoD 5220.22-R, Industrial Security Regulation; Air Force Policy Directive 16-14, Security Enterprise Governance; and Air Force Instruction 31-601, Industrial Security Program Management.

a. 1.6.8 Antiterrorism (AT) Level 1 Awareness Training.

1.6.9 Information Assurance (IA) / Information Technology (IT) Training and/or Certification. N/AAll contractor employees and associated sub-contractor employees shall complete the DoD Information Assurance Awareness CyberAwareness Challenge before issuance of network access and annually thereafter. All contractor employees performing services involving IA/IT functions shall comply with DoD and Air Force training requirements in DoDD 8570.01, DoD 8570.01-M and AFPD 33-2 within one day of the start of contract performance. In accordance with DoD 8570.01-M , DFARS 252.239.7001 and AFM 33-282, contractor employees performing services supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M shall be completed upon contract award.

a. There is no requirement for contract personnel to have network access, therefore, the above training requirements do not have to be accomplished.

1.6.10 OPSEC Requirements/Plan: The contractor shall develop an OPSEC Plan and provide it to the COR or KO within 15 calendar days of contract award to be reviewed and approved by the responsible Government OPSEC officer, per AFI 10-701, Operations Security. This Plan shall include the government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. For the contractor to effectively comply with OPSEC provisions of the contract, the organization will provide the following guidance: (1) Organization’s Critical Information; (2) Adversaries’ collection threat information as it applies to the organization’s mission and the contract; (3) Operations Security guidance; and (4) Specific OPSEC measures the organization requires (as appropriate).

1.6.10.1 OPSEC Training. In accordance with AFI 10-701, Operations Security, OPSEC PMs/SMO/SMNCOs/Coordinators will provide OPSEC training or training materials to contract employees within 90 days of employees’ initial assignment to the contract and annually thereafter. General organizational orientations may need to be supplemented by duty-related orientations in the work center targeted toward specific critical information and vulnerabilities associated with the work. Initial training (OPSE 1301 – OPSEC Fundamentals) and refresher training (Security Administration) are both available on the ADLS website.

1.6.11 Physical Security: Areas controlled by contractor employees shall comply with base Operations Plans/Instructions for Force Protection Conditions (FPCON) procedures, Random Anti-Terrorism Measures (RAMs) and local search/identification requirements. The contractor shall safeguard all government property including controlled forms provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.7 Key Control. The contractor shall establish and implement methods of ensuring all keys/key cards issued by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued by the Government shall be duplicated. The contractor shall include procedures covering key control in the QC Plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall immediately report any occurrences of lost or duplicated keys/key cards to the COR.

1.7.1 Lost / Duplicated Keys. In the event keys, other than master keys, are lost or duplicated the contractor shall, upon direction by the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the contractor.

1.7.2 Limit Access. The contactor shall prohibit the use of the Government issued keys/key cards by any persons other than the contractor’s employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contactor employees engaged in the performance of services in those areas, or personnel authorized entrance by the KO.

1.7.3 Lock Combinations. The contractor shall establish and implement methods of ensuring all lock combinations are not revealed to unauthorized persons. The contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the contractor’s QC Plan.

1.8 Special Qualifications. The contractor shall:

1.8.1 Pilot Minimum Standards: Federal Aviation Administration Letter of Authorization (LOA) in proposed aircraft; Current FAA Class II medical rating performed at the contractor’s expense; FAA instrument rating; FAA commercial pilot license; 700 tactical, fixed wing flight hours in a USN, USMC, or USAF jet aircraft; Pilot shall be a Subject Matter Expert (SME) on the AAS regulations and TTPs.

1.8.2 Pilot shall have a current security clearance to the level for the mission performed up to the Secret level. Delays in Secret accreditation will not preclude performance of the support at an UNCLASSIFIED level.

(NOTE: The Government does not provide training to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified and qualified to provide services.)

1.9 Post Award Conference / Periodic Progress Meetings. The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the Contacting Officer will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.10 Contract Manager (CM). The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.11 Identification of Contractor Employees. All contractor 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 that they are Government employees. The contractor shall ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor’s status as a “contractor” shall be predominantly displayed in all correspondence types (to include signature blocks on e-mail) and dealings with Government or non-Government entities. Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word “contractor” displayed. The contractor shall retrieve all identification media (including vehicle passes) from their employees who depart employment for any reason. All identification media (i.e., badges and vehicles passes) shall be returned to the KO within 14 days of an employee’s departure.

1.12 Combating Trafficking in Persons. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment. The Contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

1.13 Contractor Travel. N/A

1.14 Data Rights. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.15 Organizational Conflicts of Interest (OCI). The contractor and subcontractor personnel performing services under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.16 Phase In / Phase Out Periods. Not required

1.17 SAFETY

1.17.1 Safety and Environmental. The contractor, his employees, and his subcontractors are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the President) and any state (or other public authority now or hereafter in force). The contractor agrees to observe and comply with all applicable state and federal requirements regarding social security, workman’s compensation, unemployment insurance and any other matters concerning employment applicable to the performance of this contract; or rules, regulations, directions, and order not inconsistent herewith as may from time to time be issued by the Government. The unilateral act of any Governmental body against any employee of the contractor for the violation of a state or federal law or regulation shall not excuse the Contractor from full compliance with the terms and conditions of this contract.

1.17.2 The contractor shall comply with all applicable Occupational Safety and Health Standards (OSHA) Standards, technical orders, regulations, and referenced publications. The contractor shall comply with the highest degree of safety protection where any disagreements exist.

1.17.3 Accident prevention and safety practices on contractual work under the jurisdiction of the Contracting Officer are the responsibilities of the contractor concerned. The contractor shall brief all employees on proper safety and accident reporting. The contractor shall provide all occupational health services to his employees. Contractor employees shall be instructed to notify the contractor’s Contract Manager of potential or existing occupational health hazards that require attention.

1.17.4 The Wing and Squadron Safety Office will have the authority to conduct work site visits to ensure Air Force facilities and equipment are used and maintained to Air Force standards.

1.17.5 Designated onsite Contractor safety officer or designated safety representative will report all aircraft accidents and incidents immediately to the KO, and if on a military range, the Commanding Officer in accordance with the Mishap/Incident Response Guidance (M/IRG).

1.17.6 This procedure provides a standardization guide for initial reporting required in the event of an aviation Mishap/Incident, non-aviation mishap or event requiring special reporting involving aircraft or personnel under the cognizance of the NGB. The M/IRG covers mishap reporting procedures and is applicable during periods of contract execution and when operating from military bases for transit or permanent basing. The senior contractor’s representative at the mishap/incident site will contact the points of contact listed below immediately; they in turn will contact the appropriate offices.

1.17.7 Any person who has knowledge of a mishap or incident involving injury to personnel, damage to Government property or aircraft operating under this contract shall immediately report the facts to the KO. The senior contractor’s representative at the mishap/incident site will contact Command Center immediately. Do not leave messages. Call until you make contact with the Command Post at the base.

1.17.8 The aircraft contractor site manager will have a copy of the Base Safety Officer, Operations Officer and Emergency Response units Mishap/Incident procedures.

1.17.9 Any and all accidents/damage to the aircraft which occur during operation of the aircraft and contributing factor shall be the responsibility of the contractor. All costs to repair or replace aircraft parts and all additional ferry costs or travel costs that occur as a result of the accident shall be borne by the contractor. Responsibility for any damage to aircraft that results from other than pilot error will be determined on a case-by-case basis.

1.18 LIABILITY

1.18.1 The contractor hereby agrees to release the Government (to include its officers, enlisted personnel, agents, and employees) from any liability for any loss, damage, or injury sustained by the contractor or his employees during the performance of this contract. The contractor also agrees to indemnify the Government for any loss, damage, or injury to Government personnel or agents or other third parties, provided such loss to the Government is caused by the negligence of the contractor or his personnel while performing this contract.

2. Definitions and Acronyms. This section includes all applicable definitions and acronyms utilized in this PWS.

2.1 Definitions.

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

CONTRACTING OFFICER (KO):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.

CONTRACTING OFFICER'S REPRESENTATIVE (COR): An employee of the U.S. Government designated by the KO to monitor contractor performance. 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.

DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the Performance Work Statement.

DELIVERABLE: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

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.

PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property.

QUALITY ASSURANCE: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

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

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

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

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

WORK WEEK: Monday through Friday, unless specified otherwise.

2.2 Acronyms.

3. Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: The Government will furnish the necessary workspace for the contractor to perform services outlined in this PWS to include desk space, telephones, computers and other items necessary to maintain an office environment.

3.2 Materials: Administrative Supplies. The Government shall provide administrative supplies which the NGB deem necessary for the support of the duties required in this contract.

3.3 Equipment: During the performance of the contract, Contractor will be provided access to the following Government Equipment on a "non-interference" basis. The Contractor will be responsible for the all damage directly caused by Contractor to the equipment outside of normal wear and tear. Damage to equipment outside normal wear and tear must be remedied within five (5) calendar days or as soon as commercially reasonably practicable. Any and all repairs outside normal wear and tear directly caused by the Contractor, must be completed by Government Personnel at Contractor's expense. At the reasonable discretion of the associated Maintenance Group, damaged equipment considered "un-serviceable" will be replaced at the same or similar condition. Any determination of liability for damaged equipment listed below will be determined in the reasonable discretion of the KO. Contractor shall keep adequate records that at a minimum, document the condition, usage time and date, model/serial number, and personnel information that transferred the equipment. Failure to provide adequate records when requested by the Government, will result in the Contractor assuming liability for damages to equipment referenced below. A COR from appropriate Maintenance Group (MXG) will examine/inspect equipment and associated maintenance documents for quality and serviceability prior to equipment sign over to Contractor and upon return to Government personnel. Prior to such sign over a representative from appropriate MXG will provide contractor with a record indicating the condition of the equipment. Government does not agree to provide access to this equipment if it is not currently available at the associated location. Individual Task Orders will address specific GFP/ GFE, below is a sample listing of equipment:

-Self servicing nitrogen cart along with high pressure nitrogen and pure nitrogen.

-Universal Aircraft Tow bar -MC-2A Low Pac -NF-2 Lite Cart -LOX Cart -B-1 Maintenance Stand -B-4 Maintenance Stand -Land Mobile Radio -Access to Wheel and Tire Shop -Hangar Space as Available

3.3.1 The Government makes no warrant whatsoever with respect to Government property furnished “as is”, except that the property is in the same condition when placed at the operating location specified in this agreement as when inspected by the Contractor, as when last available for inspection under the agreement.

3.3.2 The Government shall not be otherwise liable for any delivery of Government property furnished “as is” in a condition other than that in which it was originally offered.

3.4 Services:

3.4.1 Frequency Utilization: The Government/Associated Exercise Planner will provide if available, local frequencies for use by the contractor in sovereign U.S. territory only.

3.4.1.1 The transmitting equipment must be DoD Spectrum Certified (DD Form 1494), or the contractor must provide the technical information to obtain spectrum certification. Contractor may also obtain assignments through civilian channels and provide copies of their licenses.

3.4.2 The Government will provide if available, access/copies of all pertinent range regulations/SPINS, Standard Operating Procedures (SOPs) and publications.

3.4.3 Contractor duties will be performed at military ranges and military operating areas to be determined and scheduled by NGB. Maximum notification of expected dates and execution locations will be given, when able. Appropriate notification is 14 days, inclusive of transit time.

3.4.4 Public Use Status. The Contractor shall operate in “Public Use” status when performing under this contract and will abide by FAA “Public Use” notification procedures. FAA Advisory Circular (Public Use) AC No: 00-1.1A

3.4.5 Transient Military Aircraft. Aircraft provided under this contract are considered transient military aircraft and not subject to landing fees at DoD-controlled airfields.

3.4.6 DD Forms 2400, 2401, and 2402. The Contractor shall submit DD Form 2400 - Civil Aircraft Certificate of Insurance, DD Form 2401-Civil Aircraft Landing Permit, and DD Form 2402-Civil Aircraft Hold Harmless Agreement, to the COR prior to flying under the contract. These agreements must be kept current during the entire period of performance under the contract.

3.5 Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract. The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

3.6 Consumables:

3.6.1 The price per flight hour shall be at a wet rate including consumables such as: fuel, oil, oxygen, nitrogen, coolant.

3.6.2 Government rate fuel will NOT be used for any other flights/efforts other than those scheduled/ordered under this contract. Fuel consumed for maintenance test flights, maintenance ground turns, and training flights shall not be charged to the contract or Government.

4. Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

4.1.1 The contractor shall at all times manage and operate the aircraft under its own direction and control in accordance with the Federal Aviation Regulations, and the Government Flight Rules approved Flight Procedures.

4.2 Common Ground Support Equipment: The contractor must provide all materials and support equipment required to maintain its aircraft. The contractor may have use of common ground support equipment and special tools and test equipment on a non-interference basis. Specific items will be determined by unit capability and negotiated with the host base or unit. The contractor shall obtain this equipment through the appropriate maintenance shop, signing a hand receipt for each piece of equipment or tool. The contractor shall be responsible for returning borrowed equipment and tools within the time specified on the hand receipt in the same condition of repair as when obtained. The contractor must be aware that operational unit/base needs will, in all cases, supersede contractor needs and will not be subject to dispute. Lost or damaged equipment shall be replaced by the contractor while not affecting the scope of the contract.

4.2 Secret Facility Clearance: The contractor shall possess or be eligible to receive and maintain a minimum of a SECRET facility clearance from the Defense Security Services.