USAPAT_Air_to_Ground_PWS_08_Apr_2019.docx

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Air-TO-Ground Broadband Internet Services
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W91QV119R0067
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Performance Work Statement

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Performance Work Statement (PWS) For Air-to-Ground Broadband Internet Services for the United States Army Priority Air Transport (USAPAT) Command

PART 1

GENERAL INFORMATION

1. Background: DOD 4500.56 designate Congress and specific Department of Defense (DoD) officials as Tier 1 and 2 travelers and require that those officials fly on military aircraft equipped with secure communications, defensive systems and other high level support while on official business. In addition, the requirement validation dated 21 June 2011 signed by the director of the Army staff stated that immediate upgrades to the C-37B and UC-35B aircraft included installation of Air Cell (Axxess) broadband-ready system to improve voice data communications while operating over CONUS and Alaska.

1.1 Objectives: This is a non-personal services contract to provide air-to-ground broadband internet service for three (3) C-37 Gulfstream and three (3) UC-35B Cessna Citation aircraft. The Government will 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. The basic service objective is to have a high-speed air to ground broadband internet service, which allows unlimited data transfer from aircraft to ground and from ground to aircraft with a monthly service cost.

1.2 Description of Services: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform broadband internet service as defined in this PWS except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.3 Scope: The service required for the C-37’s and UC-35B’s are as follow:

A) The C-37A is the military version of the civilian Gulfstream V executive jet. The C-37B is the military version of the civilian Gulfstream 550. The UC-35B is the military version of the civilian Cessna Citation Encore. These executive jets are used primarily for transporting Defense Department officials and their staffs.

B) Unlimited data/consumption of air-to-ground broadband internet service for three (3) C-37 Gulfstream and three (3) UC-35B Cessna Citation aircraft utilizing ATG 4000 and ATG 5000 equipment.

C) The internet service shall be operational from altitudes of 2000-45,000 feet within line of sight of service provider’s Air to Ground (ATG) system.

1.4 Period of Performance: The period of performance will be for one (1) Base Period of nine (9) months and four 12 -month option years. The Period of Performance reads as follows:

Base Year: 01 September 2019 through 31 May 2020 Option Year 1: 01 June 2020 through 31 May 2021 Option Year 2: 01 June 2021 through 31 May 2022 Option Year 3: 01 June 2022 through 31 May 2023 Option Year 4: 01 June 2023 through 31 May 2024

1.5 General Information

1.5.1 Quality Control: The contractor shall develop and maintain an effective quality control (QC) program 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. At a minimum, the Contractor shall develop quality control procedures that address the areas identified in Section 5, Specific Tasks. The contractor’s quality control program is the means by which there are assurances that the work complies with the requirement of the contract. After acceptance of the quality control plan, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to the submitted QC system. The Quality Control Plan is to be delivered no later than 30 calendar days after contract award. The technical monitor will evaluate the Contractor’s performance in accordance with the Quality Assurance Surveillance Plan (QASP).

1.5.2 Quality Assurance: The Government will 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 the minimum acceptable defect rate(s), and the number of deficiencies or failures.

1.5.3 Recognized Holidays: The contractor is required to provide services and service support on all holidays and service is required during the entire period of performance. The Federal Holidays are New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day and Inauguration Day. Services must be provided at all times.

1.5.4 Hours of Operation/Place of Performance: The contractor is responsible for conducting business, 24 hours a day, Monday through Sunday and on all Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.5.5 Type of Contract: The Government will make one award of a firm fixed price contract.

1.5.6 Security Requirements: Not applicable.

1.5.6.1 PHYSICAL Security. The contractor shall be responsible for safeguarding all government information provided for contractor use.

1.5.6.2. Base Access: Not applicable.

1.5.7. Badges: Not applicable.

1.5.8. Key Control: Not applicable.

1.5.9. Lock Combinations: Not applicable.

1.5.10. Special Qualifications: Not applicable.

1.5.11. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting 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. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government. Notes will be taken at these meetings by the COR or a designated representative from the government. A copy of the notes will be maintained by the COR and KO. The contractor will be provided a copy of the meeting notes upon request.

1.5.12. Primary Point of Contact (POC): To Be Provided At Time of Award.

1.5.13. Identification of Contractor Employees: Not applicable.

1.5.14. The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest.

1.5.15. Contractor Travel: Not applicable

1.5.16. Organizational Conflict of Interests: Organizational Conflict of Interest: Contractor and subcontractor personnel performing work 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 Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer 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 Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer 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.

1.5.17. Contracting Officer’s Representative (COR): The COR will be nominated by the requiring activity and appointed by the contracting officer by separate letter. A copy of the COR’s appointment letter will be sent to the awarded Contractor, identifying the designated duties and limitations of the COR. The COR is authorized to conduct oversight on any and all tasks or requirements and report observations to the Contracting Officer. The COR is not authorized to change any terms or conditions in the contract that pertain to cost, schedule, performance, quality, quantity, or other legal aspects of the resulting order.

1.5.18. Contract Manpower Reporting: : "The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the United States Priority Air Transport (USAPAT) Command via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mill.

1.5.19. Phase In/Phase Out Period: Not applicable

PART 2

DEFINITIONS & ACRONYMS

2.1. DEFINITIONS:

2.1.1. 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.

2.1.2. 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.

2.1.3. 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.

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

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

2.1.6. 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.

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

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

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

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

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

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

2.1.12. WORK WEEK. Monday through Sunday, 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
CONUS
Continental United States (excludes Alaska and Hawaii)
COR
Contracting Officer Representative
COTR
Contracting Officer's Technical Representative
COTS
Commercial-Off-the-Shelf
DA
Department of the Army
DA 250
Department of Defense Form 250 (Receiving Report)
DA 254
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
FMS
Flight Management System
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
QASP
Quality Assurance Surveillance Plan
QC
Quality Control
QCP
Quality Control Program
TE
Technical Exhibit
UC-35B
Utility Cargo Airplane-35B
USAPAT
United States Army Priority Air Transport

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.1. Services: Not applicable.

3.2 Facilities: Not applicable.

3.3 Utilities: Not applicable.

3.4 Equipment: Not applicable.

3.5 Materials: Not applicable.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1. General: Not applicable.

4.2 Secret Facility Clearance: Not applicable.

4.3. Materials: The contractor shall provide any training material needed for reference for utilizing the services rendered and for learning the capabilities of the service provided.

4.4. Equipment: Not applicable.

PART 5

SPECIFIC TASKS

5.1 BASIC SERVICES. The contractor shall provide unlimited data/consumption of air-to-ground broadband internet service for three C-37 Gulfstream and three UC-35B Cessna Citation aircraft utilizing ATG 4000 and ATG 5000 equipment.

5.2. The internet service shall be operational from altitudes of 2000-45,000 feet within line of sight of service provider’s Air to Ground (ATG) system.

** Data usage/consumption - Unlimited through May 2024.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures.

AR 95-1
Flight Regulations (Dated 22 Mar 2018)
Airplane Flight Manual
Citation Encore (REV 5, Dated 24 Sep 2008)
Cessna Citation Encore
Operating Manual (Dated Mar 2009)
TC 1-C35
Utility / Cargo Airplane UC-35 (Dated Oct 2007)
USAPAT SOP
Standard Operating Procedures (Dated Nov 2017)

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

Standard

Performance Threshold
Method of Surveillance

PRS # 1.

The contractor shall provide Air-to-Ground High Speed Internet Services to the three C-37 and three UC-35B aircraft in USAPATs fleet (i.e. PWS 5.1).

The contractor shall provide this service without interruption 24 hours/day, 365 days per year.

Service interruption shall be zero deviation from standard.
Validated Customer Complaint received by COR.

PRS # 2

The contractor shall provide customer service support. The contractor shall provide this service without interruption 24 hours/day, 365 days per year.

The contractor shall provide this service without interruption 24 hours/day, 365 days per year.

Service interruption shall be zero deviation from standard.
Validated Customer Complaint received by COR.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable
Frequency
# of Copies
Medium/Format
Submit To

Subscription based service

Monthly meeting reports (notes) Accessible 24/7

Monthly/periodically Not Applicable

One hard copy

Internet login/account access
USAPAT

Building 1178, Mail Stop 156 JB Andrews, MD 20762 ATTN: Battalion Executive Officer

COR/KO

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