SF-30_081721..pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

(SF-30) FAA Template No. 11 (8/97)

FACILITY CODE

9A. AMENDMENT OF SOLICITATION

NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

OMB Control No. 2120-0595

p. 1

A001

AAQ-732 Training & Aviation Acq.

FAA Aeronautical Center PO BOX 25082, Bldg 14 AHQ, Room 233A Oklahoma City, OK 73125

Seller 6973GH-20-R-00067X Feb 11, 2021

X X

The SIR/RFO 6973GH-20-R-00067 is amended as follows: Please see continuance page for details.

Kathleen D. Islas, AAQ-732, Contracting Officer

Block 14, Continued

The following revisions, additions, changes are hereby in effect:

1. SIR/RFO Section H.8, “DEFAULT OF SELLER” (See highlighted language) If any of the following events (Event of Default) occur then this contract, at the option of the FAA, maybe terminated.

1. If the Seller defaults in the performance of any of the provisions contained in this contract, which default shall continue for five (5) days after receipt of written notice of default by FAA.

2. If the Seller does not fulfill its obligations as it relates to the condition of the aircraft at closing specified in Section C 2.3.2.

3. If the Seller fails to provide an export certificate of airworthiness in favor of the United States of America (if deemed reasonably necessary by the FAA).

4. If the FAA rejects the Aircraft for cause

2. SIR/RFO Section H.9, “REJECTION FOR CAUSE” (See highlighted language) The FAA may reject the Aircraft for Cause if any of the following items are discovered during Pre – Purchase Inspection or at any time prior to closing.

1. Undisclosed material damage

2. Material corrosion

3. Aircraft does not meet specifications

4. Confirmed existence of mold

5. Discrepancies that cannot be remedied within 10 business days, unless otherwise agreed to by the CO

6. Evidence of a hard landing, bird strike or lighting strike

7. Warranties that have been voided

8. Failure to provide an export certificate of airworthiness in favor of the United States of America

(if deemed reasonably necessary by FAA)

3. SIR/RFO Section H.16, “DELIVERY, CLOSING PROCEDURES AND PAYMENT” (See highlighted language) Delivery, acceptance and transfer of the Aircraft may take place at the Seller’s designated location.

Conveyance of the Aircraft must be free and clear of all liens and encumbrances and will be executed by FAA Bill of Sale. FAA is responsible for obtaining a Title Search (if required) for the Airframe and each Engine. The Report(s) may include relevant information from both the FAA Civil Aviation Registry and the International Registry.

The FAA and Seller hereby agree to appoint a document only Escrow Agent as document holder and stakeholder for the sale and purchase of the Aircraft. The FAA will be responsible for obtaining document escrow services.

Prior to Closing, the Seller must provide to the CO or CO Designee the following:

i. An undated but otherwise fully executed FAA Bill of Sale;

ii. An undated but otherwise fully executed Warranty Bill of Sale;

iii. If Lienholders, an undated but otherwise fully executed Lien release which will cause such lienholders Lien on the Aircraft to be terminated and released;

iv. A written statement from any and all Lienholders indicating the total amount in US dollars that must be paid to Lienholders to secure the release of the Lienholder’s Lien;

v. An Invoice containing Electronic Funds transfer (EFT) instructions for payment inclusive of EFT or wires transfer instructions and amounts to be paid directly to Lien holders, if any, to satisfy any outstanding liens;

vi. An export certificate of airworthiness in favor of the United States of America (if deemed reasonably necessary by FAA); and

vii. Discharge any registration with the International Registry by Seller of any international interest in the Aircraft; to consent on behalf of Seller to the FAA’s registration with the International Registry of an international interest in the Aircraft.

In the event the FAA is unable to release one or more payments by EFT or wire transfer, the Seller agrees other mutually agreeable method of payment. Sellers and Lien holders are encouraged but not required to register in the System for Award Management (SAM).

4. SIR/RFO Section H.20, “CAPE TOWN CONVENTION” (Added Clause) Until full legal title to the Aircraft has duly passed to the FAA under the Warranty Bill of Sale in accordance with this Agreement, the FAA shall not seek, nor be entitled, to register any interest in the Aircraft or this Agreement at the International Registry. Subject to the foregoing, Seller agrees, if applicable, to cooperate with the reasonable requests of the FAA's designate agent in relation to filings at the International Registry. Seller agrees to provide the necessary electronic consents to such registrations as the FAA may arrange in relation to the Aircraft following delivery, which electronic consents shall be given promptly after receipt by Seller of an electronic communication from the International Registry requesting Seller's consent to such registration.

5. SIR/RFO Section I, AMS 3.6.4-1 WAIVER OF BUY AMERICAN ACT FOR CIVIL AIRCRAFT AND RELATED ARTICLES (JAN 2020) (Added AMS Clause)

Section K, AIRCRAFT REPRESENTATIONS AND WARRANTIES (See highlighted language) The Seller warrants that it holds legal title to the Aircraft and is authorized to sell the Aircraft.

The Seller warrants that the Aircraft is airworthy.

The Seller warrants that the Aircraft has no Damage History as defined in Section C.2.1.3.

At the time of the Closing, the Seller must convey to FAA legal, good and marketable title to the Aircraft, free and clear of all liens and encumbrances whatsoever, must warrant and defend such title forever against all claims and demands whatsoever, and provide an export certificate of airworthiness in favor of the United States of America (if deemed reasonably necessary by FAA).

6. SIR/RFO Section L.1, SOLICITATION OVERVIEW (See highlighted language) The FAA has a requirement to procure aircraft over a multiple year timeframe based on current purchasing conditions and market availability. Due to the unique market for this type of acquisition, the solicitation will remain “open” for the procurement of up to four (4) used Bombardier Challenger 605/650 long-range jets. An “open” solicitation is the FAA’s approach to allow proposals to be submitted without a finite solicitation closing date.

Offerors may submit proposals at any time the solicitation is open. At the time that market conditions provide and the FAA is prepared to make award, an announcement to the open solicitation via SAM.gov will notify sellers of the FAA’s intent to evaluate offers and allow five (5) business days for Sellers to submit a proposal or update or withdraw previously submitted proposals. Upon notification, the FAA requests that Sellers remove their proposed aircraft from the market for ten (10) business days after the date established for submission of proposals to allow for government evaluation. A determination for contract award will be based upon a best value determination upon which FAA may make one (1), multiple, or no awards.

Upon contract award (if applicable), the FAA will re-open the solicitation for future proposals and continue to monitor the used aircraft market to determine when conditions are satisfactory to conduct another proposal evaluation. This process will continue until such time as the FAA has fully met its requirement to procure up to four (4) Challenger 605/650 aircraft at which point this solicitation will be permanently closed.

During periods where market conditions for used aircraft limit the available aircraft (e.g., low inventory, increase in owner hold times, multiple interested buyers, no viable proposals), the government may, at its discretion, pursue a modified commercial competitive acquisition approach. The CO will post an announcement on SAM.gov of the governments intent to follow the modified commercial competitive process.

Under the modified commercial competitive process, in lieu of waiting for sellers to submit proposals to the government, the government will actively assess the inventory of available aircraft and consider both on- or off-market opportunities. Each aircraft identified will be analyzed to determine if it meets the FAA’s minimum requirements. Any aircraft meeting the FAA’s minimum requirements will be further analyzed to determine the aircraft’s overall condition and equipage as well as the asking price compared to the government’s calculated fair market value for the aircraft. Should these analyses demonstrate the aircraft meets the FAA’s minimum requirements and may be acquired at a fair and reasonable price, the CO may enter into negotiations with the seller to arrive at a mutually acceptable sales price. Should the CO be unable to achieve a mutually acceptable sales price, the aircraft will no longer be considered for purchase.

The modified competitive process described above will remain in effect for a period of 90 days from the time the CO issues a notice implementing the process. Prior to the end of the 90-day period, the CO may reevaluate the market. If market conditions remain supportive of the modified commercial competitive process, the conditions will be documented, and the process will be extended for an additional 90 days (this reevaluation process may be conducted multiple times until market conditions improve substantially). If market conditions have changed to the extent the full and open solicitation strategy originally set forth in the SIR would be successful, the modified competitive process will be discontinued, and the full and open solicitation strategy will be used. Should market conditions continue to support a modified competitive approach, the CO may reimplement the process by issuing a notice of implementation after documenting the market conditions supporting the process reimplementation.

This modified competitive process allows the agency to solicit an aircraft directly from a seller with an aircraft that meets the FAAs requirements at Fair Market Value, in lieu of waiting for a seller to submit a proposal when market conditions justify.

mailto:beta.SAM.@gov

7. SIR/RFO Section L.9.2, DATE, PLACE AND TIME FOR SUBMISSION OF PROPOSALS (See highlighted language) This solicitation will remain open until such time is determined that the FAA has fully met its requirement. The FAA may issue up to four (4) Request for Offers (RFOs). The FAA will amend this table as due dates are established throughout the solicitation. Seller’s may submit, update, or withdraw proposals at any time up until the due date below for each RFO. The Seller’s electronic proposal must be received by the CO no later than the due date and time listed in the table below.

Request for Offer (RFO) Due Date/Time

RFO #1 As amended

RFO #2 As amended

RFO #3 As amended

RFO #4 As amended

Interested Seller’s must submit responses to this SIR electronically via email to the CO, Kathleen Islas, at Kathleen.D.Islas@faa.gov.

The FAA may decline to consider offers that do not include required information; reject any of the requirements, terms, conditions, and provisions of the SIR; or are not compliant with the instructions provided herein.

Following submission, Sellers will receive an email notice acknowledging successful receipt of proposal submission. If an e-mail notification is not received within five (5) businesses days, the Seller must notify the CO at Kathleen.D.Islas@faa.gov.

The FAA is not be responsible for any failure attributable to transmitting or receiving the offer, unless it falls under section (a) of AMS provision 3.2.2.3-14 “Late Submissions, Modifications, and Withdrawals of Submittals.”

Under the modified commercial competitive process, the FAA will solicit an aircraft directly from a seller with an aircraft that meets the FAAs requirements at Fair Market Value, in lieu of waiting for a seller to submit a proposal when market conditions justify. The government will actively assess the inventory of available aircraft and consider both on and off market opportunities.

8. SIR/RFO Section L.9.3.2.2 Technical Proposal (See highlighted language) Technical Proposal Part (A): FPFM Source Evaluation Model (Attachment J-2)

The Seller must complete Attachment J-2: FPFM Source Evaluation Model per the instructions provided in the model. The Seller must complete the Technical Proposal Tab and the Price Proposal Tab. Sellers must provide all required information (denoted by a red border). If required information is not provided, the Seller’s proposal may be removed from further consideration. Any information not provided (cells left unpopulated) will be considered as the requirement is not met by the Offer. Sellers mailto:Kathleen.D.Islas@faa.gov mailto:Kathleen.D.Islas@faa.gov are not permitted to revise, reformat or otherwise alter the structure of the FAA-provided technical proposal template.

The Technical Proposal Tab is comprised of a series of questions related to the four (4) categories noted below:

• Aircraft Description (e.g., serial number, flight hours, landings)

• Avionics, Communication, Navigation, and Instrumentation

• Aircraft Ownership, Operations and Basing

• Maintenance Documentation, Records, and Programs

Technical Proposal Part (B): Due List, Damage History Report, Service Bulletin Report and Airworthiness Directives

Sellers must provide the Due list from their maintenance tracking software. Read-Only access to their maintenance tracking software is preferred but not required. The Due List must include a complete list of all FAA Airworthiness Directives installed, with installation date. The Seller must provide a Damage History Report. The Seller must provide a complete list of Service Bulletins Installed on the aircraft.

Technical Proposal Part (C): Aircraft Photographs Sellers must provide the photographs listed below. Photographs must be clear, in focus, well lit and readable to the evaluators.

Interior – Cabin Overview shot front to back Overview shot back to front Overview shot of galley Close ups of chairs, tables, and couch Close ups of galley counter and equipment Photos of lavatory (left side, right side, center section)

Interior – Cockpit Instrument panel Overhead panel CB panel(s) Fueling panel Pedestal Left sidewall Right sidewall

Exterior Overview shots left side & right side, empennage, and front view Close ups of left- and right-wing leading edges Close ups of horizontal stabilizer and vertical stabilizer Close ups of left, right, and nose landing gear/tires Close ups of engine intakes

Close ups of entry door in open position Close up of single point refueling control panel Close ups of luggage compartment external hatch/door in open position Close ups of left and right wheel well Close up of nose cone

Aircraft equipment compartment Overview shots of all visible equipment Close up of entrance hatch

Avionics bay(s) Photo of the avionics bay(s) with panels, hatches, and doors open/removed to show all installed avionics equipment.

Technical Proposal Part (D): Service Program Contracts Sellers must provide copies of all Service Program Contracts (C.2.3.2).

Modified Commercial Competitive Approach In the event the FAA executes the Modified Commercial Competitive Approach, the FAA may solicit proposal information directly from sellers in lieu of requiring a seller to complete Attachment J-2: FPFM Source Evaluation Model.

9. SIR/RFO Section L.9.3.2.3 Price Proposal (See highlighted language) Sellers are instructed to fully complete and submit the Price Proposal Tab in Attachment J-2: FPFM Source Evaluation Model. The Seller must complete all required cells (denoted by red border) in the Attachment J-2: FPFM Source Evaluation Model Price Proposal Tab. The Price Proposal Tab requires pricing for the following CLINS:

• CLIN 00001 – Aircraft Repositioning & Pre-Purchase Flight Reimbursement

• CLIN 00002 – Challenger Aircraft

CLIN 00001 covers the Sellers cost to relocate the aircraft to and from the FAA’s designated inspection facility and/or conduct pre-purchase flight(s) at a flat rate per flight hour inclusive of fuel, crew time, and other ancillary expenses. CLIN0001 Quantity will be determined based on the location of the Seller’s aircraft.

CLIN 00002 comprises the delivery of an airworthy Challenger 605 or 650 aircraft including, but not limited to, final delivery, inspection and acceptance of the aircraft, delivery of all aircraft documentation, assignment of warranties, and Warranty Bill of Sale IAW the SIR Section C and Attachment J-1. The Seller must provide the required aircraft description information requested in Attachment J-1: Exhibit A.

Sellers must ensure all CLINs are priced IAW AMS Procurement Guidance T3.2.3, Cost and Price Methodology.

Modified Commercial Competitive Approach In the event the FAA executes the Modified Commercial Competitive Approach, the FAA may solicit proposal information directly from sellers in lieu of requiring a seller to complete Attachment J-2: FPFM Source Evaluation Model.

10. SIR/RFO Section M.1, “BASIS FOR AWARD” (See highlighted language) This is a best value source selection conducted in accordance with (IAW) the FAA Acquisition Management System (AMS). Contract award will be made to the Seller whose proposal is determined to represent the best value to the Government. Best value is defined as the proposal that presents the most advantageous offer to the Government, based on the evaluation criteria set forth herein in Section M. Under the best-value approach, the Government assesses non-price and non-cost factors and price and cost based on the evaluation criteria in this section and their relative order of importance and selects the Seller proposing the combination of non-price and non-cost factors and cost and price representing the best value to the Government. This best value approach provides for a trade-off between price and cost and non-price and non-cost factors and does not require that award be made to either the Seller submitting the highest rated proposal or the Seller submitting the lowest price, although the award may be to either one of those Sellers. Therefore, the lowest total evaluated price and cost or the highest rated Seller may not necessarily provide the best value to the Government.

While the Government source selection evaluation team and the Source Selection Official (SSO) will use objectivity to the maximum extent possible the source selection process is, by nature, subjective and professional judgment will be applied throughout the process.

The Government may make one (1) or multiple awards. The Government reserves the right to award no contract at all if such action is determined to be in the FAA’s best interest.

If at any time during the evaluation process the Government concludes that a Seller is not likely to receive award, the Government may eliminate the Seller from further consideration for award. Any Seller eliminated from further consideration will be notified in writing by the CO.

Under the modified commercial competitive process, each potential aircraft identified will be analyzed to determine if they meets the FAA’s minimum requirements. Any aircraft meeting the FAA’s minimum requirements will be further analyzed to determine the aircraft’s overall condition and equipage as well as the asking price compared to the government’s calculated fair market value for the aircraft. Should these analyses demonstrate the aircraft meets the FAA’s minimum requirements and may be acquired at a fair and reasonable price, the CO may enter into negotiations with the seller to arrive at a mutually acceptable sales price. Should the CO be unable to achieve a mutually acceptable sales price, the aircraft will no longer be considered for purchase.

11. SIR/RFO Section M.4, “EVALUATION ORDER OF IMPORTANCE” (See highlighted language) Within the Technical Proposal, Factor 1 (Aircraft Minimum Requirements) is pass/fail. Any Seller that receives a fail rating for Factor 1 will be removed from further consideration.

Factors 2, 3, and 4 will receive a weighted rating. The Factor weightings are as follows:

Factor 2: Airframe 50%

Factor 3: Preferred Avionics 10%

Factor 4: Maintenance 40%

When combined, the technical factors are significantly more important than Price. The Government will not, however, make an award at a significantly higher price to achieve slightly superior technical results.

12. SIR/RFO Table M.5.1-2: Factor 2: Subfactors, Weight and Criteria (See highlighted language)

Table M.5.1-2: Factor 2: Subfactors, Weight and Criteria

Subfactors Preferred Requirement Weight Criteria

Age Less than 10 years 0% -15%/year for all years over 10 years (preferred requirement)

Flight Hours Less than 4500 Hours 50%

50% weight based on % of hours (hours in excess the preferred requirement will receive a negative rating)

Landings Less than 2250 Landings 40%

40% weight based on % of landings (landings in excess the preferred requirement will receive a negative rating)

Damage History None 3% 3% if preferred requirement is met

Cabin Configuration

10 – seat standard interior

4% 4% if preferred requirement is met

2nd Oxygen Bottle 2 3% 3% if preferred requirement is met

13. SIR/RFO Table M.5.1-3: Factor 3: Subfactors, Weight and Criteria (See highlighted language)

Subfactors Preferred Requirement

Weight

Proline 21 Advanced or Proline Vision Equipped 40%

Synthetic Vision System (SB 605-34-020R3) Equipped 6%

FANS 1/A+Link 2000+ CPDLC (SB 605-23-008) Equipped 7%

RNP Approach AR 0.3 (SB 605-34-021R1) Equipped 4%

Multi-Scan Weather Radar (SB 605-34-023R2) Equipped 4%

ADS-B (Out) version 2.0 (SB 605-34-013 R1) Equipped 4%

Requirement

Weight

Third FMS (FMC-6200) with V-speed database

(SB 605-34-007 R2)

Equipped 12%

Third Honeywell Inertial Ref System (IRU) (SB 605-34-004 R3) Equipped 12%

Third VHF Comms radio (SB 605-23-001R1) Equipped 3%

Second Radio Altimeter (SB 605-34-005R2) Equipped 2%

Radio Altimeter Protective Cover Installation (SB 605-34-029) Equipped 0%

TCAS II Version 7.1 (SB 605-34-018) Equipped 2%

Honeywell Mark V EGPWS wit RAAS (SB 605-34-022 R1) Equipped 3%

Cockpit Defuel / Refuel Panel (SB 605-11-002) Equipped 0%

Iridium Dual- Channel Comm System & Antenna

(SB 605-23-004R5 & R6 & SB 605-23-011R3)

Equipped 1%

14. SIR/RFO Table M.5.1-4 Factor 4: Subfactors, Weight and Criteria (See highlighted language)

Requirement

Weight Criteria

Maintenance documentation/records

15%

The government will evaluate the degree to which the aircraft maintenance history, documentation and records demonstrate high quality of care.

Aircraft Ownership, Operations & Basing

Single-Owner, Operated in North America, Hangared

15%

The government will evaluate the degree to which the history of the aircraft meets preferred requirements for aircraft ownership, operations and based as defined in the SOW section C.2.1.

Country of Registration U.S. Registered 10% The government will evaluate the degree of difficulty and expense of

Requirement

Weight Criteria converting a non-U.S.-registered aircraft to the U.S. registry.

Part 91 or Part 135

IAW 14 CFR §

135.439

10%

IAW 14 CFR § 135.439 - (10%)

IAW 14 CFR § 91.417 - (6%)

IAW 14 CFR § 135.439 equivalent – (3%)

IAW 14 CFR § 91.417 equivalent - (0%)

All applicable manufacturer recommended airframe/system SB

All Installed 10% 10% Weight based on % of Service Bulletins Installed (Based on Value)

Time to next 96-month inspection

None due within 12 months or 400 Hours

9% 9% Weight based on number of months to 96-month inspection

Engine Heavy Maintenance/Overhaul Interval

On Condition 10% 10% if preferred requirement is met

Engine Power by the Hour Program

Enrolled 10% 10% if preferred requirement is met

APU Power by the Hour Program

Enrolled 1% 1% if preferred requirement is met

Aircraft/Systems Power by the Hour Program

Enrolled 5% 5% if preferred requirement is met

Avionics Power by the Hour Program

Enrolled 5% 5% if preferred requirement is met

15. SIR/RFO Section M.5.4 “PART D: Service Program Contracts (See highlighted language) The FAA will evaluate the degree to which the service program contracts are transferrable to the government, as required.

16. SIR/RFO Table M.5.4-1: Overall Weight and Criteria (See highlighted language)

Factors Score/Value Weight Weighted Score

Factor 2: Airframe 50%

Factor 3: Preferred Avionics 10%

Factor 4: Maintenance 40%

17. SIR/RFO Table M.5.4-2: Overall Technical Weighting Criteria (See highlighted language)

Outstanding Excellent Very Good Good Fair Satisfactory Unsatisfactory

>70% 60.1-70% 50.1-60% 40.1-50% 25.1-40% 0-25% <0%

18. SIR RFO Section M.6.1 “Total Evaluated Price (TEP) (See highlighted language) The Government will use the populated FPFM Source Evaluation Model to calculate the TEP for CLIN00001 and CLIN00002 for each Seller. TEP represents the normalized price of the aircraft adjusted to meet all preferred requirements. Aircraft will be normalized to a 2014 aircraft using standard depreciation and Total Time Airframe (TTAF) adjustments. Preferred requirement adjustments are defined in the Attachment J-2: FPFM Source Evaluation Model, Total Evaluated Price Tab. For CLIN00001, the government will assume 20 flight hours for evaluation purposes. The Government reserves the right to adjust a Seller’s TEP if errors are identified in the FPFM Source Evaluation Model (e.g., the corruption of a formula). The Government will advise Sellers of any corrections so that Sellers may confirm the errors in the original submission prior to the completion of the evaluation.

Under the modified commercial competitive process, the government will use the sellers published “ask” price to calculate TEP and determine fair market value.

19. Section J. Attachment J-1, Statement of Work (SOW), Paragraph C.1.1, INTRODUCTION (see highlighted language)

INTRODUCTION

This FAA has a requirement for the acquisition of used Bombardier Challenger 605 and/or 650 aircraft.

The FAA will procure a total of four (4) aircraft. Each aircraft will be procured on a separate contract. The government does not have a preference between Challenger 605 aircraft or Challenger 650 aircraft.

Aircraft must meet the FAA’s minimum requirements defined in C.2.1. C.2.1 also provides FAA preferences regarding age, flight hours/landings, avionics, maintenance records, basing, recommended service bulletins and programs. The FAA will acquire aircraft on an “as-is, where-is” basis.

“Aircraft” means the Airframe, the Engines, the Parts, the Ancillary Items, and the Aircraft Documents.

“Airframe” means that certain ___________________________ (year, make, model) aircraft, bearing manufacturer's serial number ______, and Federal Aviation Administration registration number N_______ , together with any and all Parts incorporated or installed in or attached thereto or otherwise in Seller's possession or control.

“Engines” means two (2) ______________________ series engines bearing manufacturer's serial numbers __________ and ____________ (described on the International Registry as ___________ bearing manufacturer’s serial numbers _________ and __________) together with any and all Parts incorporated or installed in or attached thereto or otherwise in Seller's possession and control.

“Title agent” means a person or entity holding documents in a transfer of real property, acting for both parties pursuant to instructions.

“Parts” means all appliances, components, parts, avionics, instruments, appurtenances, accessories, furnishings or other equipment of whatever nature (other than complete Engines or engines) incorporated or installed in or attached to the Airframe or any Engine, and all spare parts in Seller's possession or control.

“Ancillary Items” means all tool kits, spare parts, rotables (including life rafts) support equipment, engine covers, loose equipment and other equipment of whatever nature that is associated with the Airframe and the Engines.

“Aircraft Documents” means a valid United States Standard Airworthiness Certificate, and all logbooks, Airworthiness Directive compliance documents, major repair/major alternation documents, Airplane Fight Manual (AFM), AFM supplements, manuals for installed equipment, maintenance and inspection records, parts catalogs, yellow tags, wiring diagrams, completion/refurbishment records, 8130-3s or equivalent for all life limited components, burn certifications, or required STCs and other technical documentation pertaining to the Airframe or Engine that are in Seller's possession or control.

“International Registry” means the International Registry of Mobile Assets established pursuant to the Cape Town Treaty.

20.Section J. Attachment J-1, Statement of Work (SOW), Paragraph C.2.1, AIRCRAFT (see highlighted language)

Requirements Minimum Requirement Preferred Requirements

Aircraft General Requirements

Make/Model Bombardier Challenger 605/650

Bombardier Challenger 605/650

Aircraft registry U.S. Registry or International Registry U.S. Registry

Certificate of Airworthiness (C of A) Current U.S. or International C of A Current U.S. C of A

Maximum Age (from date of proposal) None Less than 10 Years

Maximum Flight Hours/Landings 5850 Hours / 2925 Landings Less than 4500 Hours / 2250 Landings

Requirements Minimum Requirement Preferred Requirements

Damage History

No Damage History (as defined in Section C.2.1.3) beyond Minor, non-structural damage.

No damage including minor, non-structural.

Number of 40 Cu. Ft. Oxygen Bottle(s) installed 1 2

Cabin configuration

No structural bulkheads on the left side of the fuselage aft of FS 340 and forward of

FS 495

No structural bulkheads on the left side of the fuselage aft of FS 340 and forward of FS 495

Interior configuration Standard interior with

8 – 12 seats

10 – seat standard interior

Lavatories 1 1

Avionics/Comm/Nav/Instrumentation

Integrated Avionics System ProLine 21 ProLine 21 Advanced (SB 305-34-019R2) or

ProLine Vision

- Synthetic Vision System (SB 605-34- 020R3) Not Equipped Equipped

- FANS 1/A+Link 2000+ CPDLC (SB 605-23- 008)

Not Equipped Equipped

- RNP Approach AR 0.3 (SB 605-34-021R1) Not Equipped Equipped

- Multi-Scan Weather Radar (SB 605-34- 023R2)

Not Equipped Equipped

- ADS-B (Out) version 2.0 (SB 605-34-013 R1)

Not Equipped Equipped

Third FMS (FMC-6200) with V-speed database (SB 605-34-007 R2)

Not Equipped Equipped

Third Honeywell Inertial Ref System (IRU)

(SB 605-34-004 R3)

Not Equipped Equipped

Third VHF Comms radio (SB 605-23-001R1) Not Equipped Equipped

Second Radio Altimeter (SB 605-34-005R2

& SB-605-34-029)

Not Equipped Equipped

Radio Altimeter Protective Cover Installation (SB 605-34-029)

Not Equipped Equipped

TCAS II Version 7.1 (SB 605-34-018) Not Equipped Equipped

Honeywell Mark V EGPWS wit RAAS (SB 605-34-022 R1)

Not Equipped Equipped

Cockpit Defuel / Refuel Panel (SB 605-11- 002)

Not Equipped Equipped

Iridium Dual- Channel Comm System & Antenna (SB 605-23-004R5 & R6 & SB 605- 23-011R3)

Not Equipped Equipped

Aircraft Ownership, Operations & Basing

Aircraft Principal Base N/A North America

Primary Country of Operation N/A North America

Hangared N/A Hangared at home base

Number of owners N/A 1

Maintenance Documentation, Records and Programs

Maintenance schedule Manufacturer Approved MSG-3 Schedule

Manufacturer Approved MSG-3

Schedule

Maintenance tracking software CAMP or equivalent CAMP or equivalent

Maintenance documentation/records Complete in accordance with 14 CFR § 91.417) or equivalent

Complete in accordance with 14

CFR § 135.439 (a)(1 ) & (a)(2)

Engine Heavy Maintenance/Overhaul Interval Hard Time On Condition

Required maintenance/inspections Performed and Up-To-Date Performed and Up-To- Date

Maintenance/inspections/overhauls Properly recorded Properly recorded

Component histories Since new or overhauled Since new or overhauled

Language for all logs/records/histories English English

All Major Maintenance accomplished by: Manufacturer Authorized

MRO

Manufacturer Authorized MRO

All applicable FAA Airworthiness or equivalent Directives Installed/complied with Installed/complied with

All applicable manufacturer mandatory/alert SB Installed/complied with Installed/complied with

Future major overhaul/inspection/maintenance

None due within 12 months or 400 Hours from proposal submission

Future major maintenance due more than 12 months or 400 hours from proposal submission

Options and modifications Complete installation and maintenance manuals

Complete installation and maintenance manuals

Basing, Recommended Service Bulletins, Programs

Basing and Hangarage NA North America and Hangared

All applicable manufacturer recommended airframe/system SB Not all installed All Installed

Engine Power by the Hour Program Not Enrolled Enrolled

APU Power by the Hour Program Not Enrolled Enrolled

Aircraft/Systems Power by the Hour Program

Not Enrolled Enrolled

Avionics Power by the Hour Program Not Enrolled Enrolled

21. Section J. Attachment J-1, Statement of Work (SOW), Paragraph C.2.2.1, PRE-PURCHASE INSPECTION (see highlighted language)

PRE-PURCHASE INSPECTION

The FAA shall conduct a pre-purchase inspection of the aircraft. The inspection will be conducted at the Original Equipment Manufacturer (OEM) or OEM Authorized Service Facility. The scope of the pre-purchase inspection may include, but is not limited to, a visual inspection, aircraft document review, avionics, APU and other system checks, engine runs and engine borescope inspections. The inspection shall be used to determine that the aircraft is in the Delivery Condition, as defined hereunder. Solely as a condition precedent to the FAA’s obligation to complete the Closing and not as a representation or warranty of Seller that survives Closing in any way, Seller agrees that the FAA will not be obligated to purchase and accept delivery and conveyance of title to the aircraft from Seller at Closing until the following conditions have been met, which will be referred to collectively as the “Delivery Condition”:

(1) Aircraft in compliance with minimum and proposed preferred requirements as described in Exhibit A with all inspection discrepancies resolved;

(2) being airworthy, fully serviceable with all systems and parts working normally within their required limits;

(3) being free from any corrosion;

(4) complying with all airworthiness directives affecting the aircraft issued by the FAA and all alert service bulletins with a compliance date not less than 180 days after the delivery date;

(5) having all calendar, hourly and cycle inspections as recommended by the manufacturer's maintenance program current and complied with and all hourly, calendar and cycle limited components shall be within the limits in accordance with the manufacturer's maintenance program;

(6) being free and clear of any mortgage, charge, pledge, lien or other encumbrance;

(7) with all complete and continuous original aircraft documents in English;

(8) with no loaner or rental equipment installed thereon or thereto; and

U.S. certificate of airworthiness or;

(9) with an export certificate of airworthiness in favor of the United States of America (if deemed reasonably necessary by the FAA).

At the expense of the FAA, the FAA may conduct pre-purchase inspection flight(s) of not more than three (3) hours duration for the purpose of demonstrating that the aircraft is in the Delivery Condition.

The Seller’s pilot, or a pilot designated by the Seller, shall serve as pilot in command and maintain command and control of the Aircraft at all times during the pre-purchase inspection flight. An FAA pilot will serve as second in command during the pre-purchase inspection flight. The FAA may also have one (1) additional observer on the pre-purchase inspection flight. Upon request, the FAA pilot will provide the documentation required by the Seller to add the pilot to Seller’s insurance for the pre-purchase inspection flight. Pre-purchase inspection flights will be conducted during the pre-purchase inspection and may be conducted at final acceptance at the discretion of the FAA. When conducting pre-purchase inspection flights, the FAA will use Exhibit E, Pre-Purchase Aircraft Flight Profile Checklist to conduct system checks to verify all systems are operational and function within the aircraft manufacturers design limits.

As soon as reasonably practicable after completion of the Inspection, Seller will, at Seller’s sole cost and expense, cause all Airworthiness Discrepancies to be corrected in accordance with the Aircraft's maintenance manual, as determined by the Inspection Facility.

The Seller must deliver the aircraft to the FAA designated inspection facility in accordance with the delivery schedule in Section F. The FAA shall pay all costs and expenses associated with the inspection.

FAA shall pay or reimburse Seller the costs incurred in connection with the repositioning cost of the aircraft to and from the FAA’s designated inspection facility and conducting pre-purchase inspection flights, which shall include the cost of fuel, crew time and incidental expenses.

22. Section J. Attachment J-1, Statement of Work (SOW), Paragraph C.2.3.1, AIRCRAFT ACCEPTANCE (see highlighted language)

Within three (3) business days after completion of the pre-purchase inspection, FAA shall notify Seller of FAA's acceptance or rejection of the aircraft in the form of the Pre-Purchase Inspection Report (Exhibit B).

The FAA's Pre-Purchase Inspection Report may include a list of inspection discrepancies which Seller must correct, at Seller's expense, in order for the Aircraft to comply with the Delivery Conditions. The Seller must correct all discrepancies within 10 business days, unless otherwise agreed to by the FAA Contracting Officer. The FAA reserves the right to reinspect the aircraft and conduct a post inspection flight to verify discrepancies have been properly rectified.

For the avoidance of doubt, failure or refusal by Seller to correct the inspection discrepancies identified by FAA in the Pre-Purchase Inspection Report, lacking a certificate of airworthiness or an export certificate of airworthiness in favor of the United States of America (if deemed reasonably necessary by the FAA), shall be considered an Event of Default of Seller, subject to Section H.8.

23. Section J. Attachment J-1, Statement of Work (SOW), Paragraph C.2.3.2, DELIVERY AND CLOSING (see highlighted language)

Date and Time of Closing. The Closing shall occur within three (3) business days after the inspection discrepancies have been rectified (such date being the “Closing Date”) and shall take place at a delivery location within the continental United States, designated by the Seller. Delivery shall be confirmed by the parties in writing by use of Exhibit C, Aircraft Delivery Receipt.

Condition of Aircraft at Closing. Seller shall deliver the aircraft to FAA at closing:

(1) meets all delivery condition requirements stated in Section C2.2.1;

(2) airworthy with a valid FAA Certificate of Airworthiness and any and all discrepancies identified in inspection rectified;

(3) with no Damage History in accordance with C2.1.3 as attested by the Sellers Representations and

Warranties (Section K);

(4) if the FAA elects to transfer maintenance program, the Seller must be current on applicable subscriptions or maintenance programs, provided, however, that the responsibility and cost for the transfer of programs shall be borne solely by FAA;

(5) with an undated, executed Exhibit D, Warranty Bill of Sale, in duplicate;

(6) with an undated, executed FAA Bill of Sale, in duplicate;

(7) with an export certificate of airworthiness in favor of the United States of America (if deemed reasonably necessary by the FAA); and

(8) with all original and complete, correct, continuous and up-to-date Aircraft Documents printed or published in English, and maintained in accordance with industry standards and the Federal Aviation Regulation (FAR).

24. Section J, Attachment J-2, Evaluation Model – A modified Evaluation Model is provided to incorporate all changes as detailed in SIR Section M as specified in this amendment.