A.01 Solicitation.15M30023QA3700009 C Check Boeing 737-400 Final 20221227.pdf

15M30023QA3700009 Page 1 of 45

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

M-23-A37-R-000248

PAGE 1 OF

5. SOLICITATION NUMBER

15M30023QA3700009

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

12/27/2022

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

01/17/2023 11:00 CT

CODE 15M300

JPATS CONTRACTS - FSD

United States Marshals Service Justice Prisoner & Alien Transportation System 1251 NW Briarcliff Parkway, Suite 300 Kansas City, MO 64116

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 488190

SIZE STANDARD: $35M

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15M300CODE15. DELIVER TO

JPATS CONTRACTS - FSD

United States Marshals Service Justice Prisoner & Alien Transportation System 1251 NW Briarcliff Parkway, Suite 300 Kansas City, MO 64116

CODE 15M30016. ADMINISTERED BY

JPATS CONTRACTS - FSD

United States Marshals Service Justice Prisoner & Alien Transportation System 1251 NW Briarcliff Parkway, Suite 300 Kansas City, MO 64116

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15M300CODE18a. PAYMENT WILL BE MADE BY

JPATS CONTRACTS - FSD

United States Marshals Service Justice Prisoner & Alien Transportation System 1251 NW Briarcliff Parkway, Suite 300 Kansas City, MO 64116

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Heavy Maintenance Check Boeing 737-400 N640CS C-Check

Firm Fixed Price

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Victor Stamps

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15M30023QA3700009 Page 2 of 45

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

15M30023QA3700009 Page 3 of 45

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

2-1 Performance Work Statement (PWS) 3 Contract Clauses

USMS-0012 Contracting Officer's Representative (COR) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Oct 2022) DOJ-01 Whistleblower Information Distribution (Oct 2021) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency

(OCT 2007)

USMS-0001 Release of Residual Funds ($100 or Less) USMS-0002 Release of Residual Funds (Greater Than $100) USMS-0003 Acceleration of Payments to Small Businesses

USMS-0010 CONTRACT/ORDER CLOSEOUT - FIXED-PRICE, TIME-AND-MATERIALS, OR

LABOR HOURS

USMS-0011 RELEASE OF CLAIMS

USMS-0013 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE

PROCESSING PLATFORM (IPP) (JAN 2018)

4 List of Attachments 5 Solicitation Provisions

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Oct 2022) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021) 5-1 Quote Submission Instructions 5-2 Confidence Level 5-3 Evaluation and Award Methodology

15M30023QA3700009 Page 4 of 45

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Aircraft Heavy Maintenance Check- Boeing 737-400 (N640CS).

Includes 1A, 2A, 1C, 5C Service Checks, Landing Gear Replacement, Flap Track Replacement, Miscellaneous Task Cards, and Airworthiness Directives

All work and services shall be performed in accordance with the performance work statement (PWS) dated 16 December 2022

PSC: J015

Line Period of Performance: 07/10/2023 - 08/28/2023

Base Period

1 JB $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Check Aircraft Heavy Maintenance Check - Boeing 737-400 (N640CS).

Non-routine work cards for discrepancies identified at the labor hour rate of: ___________________

All work and services shall be performed in accordance with the performance work statement (PWS) dated 16 December 2022

PSC: J015

Line Period of Performance: 07/10/2023 - 08/28/2023

Base Period

1 JB $________ $_________________

2-1 Performance Work Statement (PWS)

Original Revision December 16, 2022

1. General The United States Marshal Service, Justice Prisoner and Alien Transportation System (JPATS) has a requirement for the accomplishment of a Heavy Maintenance Check (Service Check, 1A, 2A, 1C, and 5C) on a U.S. Marshals Service owned Boeing 737-400 aircraft. These checks are detailed within a government owned MSG-3 Low Utilization Maintenance Program as derived from the Original Equipment Manufacturer (OEM) Maintenance Planning Document (MPD) and administered through CAMP Systems.

General requirements are as follows:

Boeing 737-4YO series aircraft; MSN 26078; Line Number 2431; Variable Number PM560, Registration Number N640CS, ACTT 63,071.3, ACTC 37,252. Reference Section 11 for the list of heavy maintenance requirements.

The aircraft maintenance and logistics efforts associated with this work must be adequately planned, staffed, and supervised by the Contractor to ensure all work schedules and maintenance activities are optimized.

1.1 Required Induction Date

The required induction date for this aircraft is July 11, 2023.

2. Contract Type The Government anticipates awarding a firm-fixed price for the tasks listed in Section 11, Items 1 – 39. Unforeseen or Non-Routine Maintenance & Repairs will be repaired utilizing a Time & Materials basis.

15M30023QA3700009 Page 5 of 45

3. JPATS Responsibilities JPATS will deliver the aircraft to the Contractor’s facility on July 10, 2023.

JPATS will make available to the Contractor all applicable CAMP Systems task cards with associated Aircraft Maintenance Manual (AMM) references required for the accomplishment of the identified checks and inspections.

JPATS will make the following manuals available to the Contractor: Aircraft Maintenance Manual (AMM), Boeing issued Component Maintenance Manuals (CMM), Illustrated Parts Catalog (IPC), Wiring Diagram (WD), and Structural Repair Manual

(SRM).

JPATS will provide GMM familiarization training, Required Inspection Item (RII) procedures training, Airworthiness Release procedure training, Logbook documentation training, and CAMP Task Card documentation training.

A JPATS COR will be onsite for the duration of the scheduled heavy maintenance check to ensure compliance with contractual requirements and to evaluate non-routine discrepancies.

4. Contractor Responsibilities The Contractor will perform all maintenance and inspection items as well as complete all maintenance records documentation in accordance with JPATS GMM and the Contractor’s FAA Approved Repair Station Quality Control Manual.

The Contractor will appoint a point of contact (POC) for the JPATS Contracting Officer (CO) and COR.

The Contractor will provide written notification to the JPATS CO prior to subcontracting any portion of the maintenance effort to outside organizations or individuals.

The Contractor will notify the on-site JPATS COR if a discrepancy (non-routine) is discovered during the performance of these checks and inspections. The Contractor will provide the CO with an estimated cost for the repair(s) and an estimated timeline for the repair(s) on a daily basis, utilizing a status sheet (contractor format). After CO approval is obtained to correct or repair the discrepancy, the Contractor will purchase any materials, supplies, and / or parts from an FAA approved vendor (all parts must be accompanied with an appropriately completed FAA Form 8130-3). Note: JPATS reserves the right to utilize JPATS owned spare parts or procure the required parts through the normal JPATS’ procurement process.

The Contractor will adhere to applicable statutes and regulations as prescribed by the Occupational Safety and Health Administration (OSHA), the Federal, State and Local Environmental Protection Agency (EPA), the National Fire Protection Agency (NFPA), and the Federal Aviation Administration (FAA).

The Contractor will provide all common tools, special tools, test sets and equipment, ground support equipment, “consumables”, and “free stock” such as grease, lubricants, rags, common hardware, etc.

The Contractor will purchase, store, use, and dispose of all hazardous materials (HAZMAT) associated with the maintenance of aircraft, support equipment, and facilities in accordance with federal, state, and local statutes.

The Contractor will perform typical logistics tasks associated with the specified checks and inspections such as material and parts receiving, receiving inspections, identifying and reporting suspected unapproved parts (SUP), packing, crating, shipping, materials handling and storage, and shelf-life management.

The Contractor will perform all maintenance documentation to include JPATS historical logbooks for the airframe, engines, auxiliary power units (APU) and appliances as applicable as well as the FAA Form 337 for major repairs / alterations.

The Contractor is required to ensure all CAMP Task Cards, Required Inspection Items (RII), Logbook documentation, and Airworthiness Release procedures are properly completed as instructed in the JPATS training outlined in Section 3.

The Contractor will be responsible for the repair or replacement of any JPATS equipment that is damaged or destroyed by acts of negligence by the Contractor.

The Contractor will ensure the aircraft’s airstairs are not used for maintenance personnel to enter the aircraft or exit the aircraft.

The Contractor will complete and return Section 11 to the JPATS Contracting Officer.

15M30023QA3700009 Page 6 of 45

5. Place of Performance All work will be performed at the Contractor’s Title 14 CFR Part 145 Certificated Repair Station located within the contiguous United States.

6. Period of Performance The induction date is July 11, 2023. JPATS anticipates a 45-calendar day performance period with a return to service date of August 25, 2023.

7. Warranty The Contractor will provide the Government a copy of their standard commercial warranty.

8. Contract Administration Data Only warranted Contracting Officers are authorized to issue and modify Government contracts, approve changes in any terms and conditions in a contract, or obligate funding. If the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made to the contract to cover any increase in costs that may result.

9. Right to Inspect / Audit The Government reserves the right to inspect / audit the Contractor’s facility along with their current maintenance processes and procedures prior to delivering the aircraft for services. The Government must ensure the Contractor is providing services in accordance with their Title 14 CFR Part 145 Repair Station Certification. The Government may terminate the contract if it has reason to believe the Contractor is not providing services in accordance with their certificate.

10. Deliverables

10.1 Aircraft Status Report

The Contractor is required to provide a daily Aircraft Status Report. The Aircraft Status Report must include, but not limited to, a comprehensive list of the following:

• Number of personnel assigned to the aircraft,

• The previous day’s maintenance activities,

• The current day’s planned maintenance activities,

• Outstanding parts,

• Repairs that require engineering assistance, and

• Any anticipated delivery delays.

10.2 Accruals

The Contractor must provide JPATS with a twice weekly accrual of all costs incurred as part of the maintenance visit.

10.3 Invoice

The Contractor must submit all invoices to the address designated in the contract to receive invoices, and provide a copy to the COR and the CO, within thirty (30) days after the completion of the heavy maintenance visit.

10.4 Aircraft Records

The Contractor must ensure all aircraft records and all original aircraft parts certification documentation is mailed to JPATS within thirty (30) days after the completion of the heavy maintenance check.

The Contractor must provide all FAA required maintenance records to include JPATS historical logbooks for the airframe, engines, auxiliary power units (APU) and appliances as applicable as well as the FAA Form 337 for Major Repairs and Alterations.

The Contractor must provide an electronic copy (PDF Format) of all maintenance records completed during the heavy maintenance check. Maintenance records are required to be separated and titled as outlined in Section 11.

10.5 Aircraft Parts

The Contractor must provide JPATS with all parts and materials removed from the aircraft as part of the maintenance visit. The JPATS COR will provide an appropriate disposition for all aircraft parts and materials.

11. Heavy Maintenance Check Requirements

15M30023QA3700009 Page 7 of 45

Task Number Sub-Task Service Firm Fixed Price 1 Perform Service Check 2 Perform 1A Check 3 Perform 2A Check 4 Perform 1C Check 5 Perform 5C Check 6 Perform Complete Aircraft Wash 7 Perform Engine Gas Path Cleaning.

Perform Detergent Wash Per B737-400 AMM 72-00-00 Page 706 Paragraph G

8 Perform GVI of LH MLG Trunnion Bearing Housing and Wing Rear Spar IAW Task 32-304-01 (001.1)

9 Perform GVI of RH MLG Trunnion Bearing Housing and Wing Rear Spar IAW task 32-304-01 (002.1)

10 Perform GVI of LH MLG inboard Lug IAW Task 32-306-01 (001.1)

11 Perform GVI of RH MLG inboard Lug IAW Task 32-306-01 (002.1)

12 Perform GVI of the flap track carriages and outboard mid flap carriage spindles IAW Task 57-324-01

13 Perform GVI of the inboard flap track carriage retainer bolts and outboard mid flap thrust bearing retention bolts. IAW Task 57-326-01

14 Perform GVI of the main flap tacks and forward and rear spar attach fittings IAW Task 57-335-01

15 Perform GVI of the flap track attachment to the flap transmission IAW Task 57-337-01

16 Remove and replace left main landing gear JPATS will provide the landing gear

17 Remove and replace right main landing gear

18 Remove and replace nose landing

19 Remove and replace 4 each heat exchangers JPATS will provide heat exchangers

20 Remove and replace 2 each air cycle machines

15M30023QA3700009 Page 8 of 45

JPATS will provide air cycle machines

21 AD 2004-19-10 Paragraph (f)(g) 21 a Perform SB 737-55A1077

Accomplishment Instructions 3.

Work Instructions Part 2.

Note: Must use BMS 3-27 grease (Mastinox 6856K)

N/A

22 AD 2006-12-23 Paragraph (i) N640CS (PM560) is a Group 10 airplane.

22 a Perform SB 737-55A1070 Revision 2 Table 3

N/A

22 a(i) Perform SB 737-55A1070 Revision 2 Accomplishment Instructions 3.B.

Part 10, followed by:

N/A

22 a(ii) Perform SB 737-55A1070 Revision 2 Accomplishment Instructions 3.B.

Part 1

N/A

22 a(iii) Perform SB 737-55A1070 Revision 2 Accomplishment Instructions 3.B.

Part 2

N/A

22 a(iiii) Perform SB 737-55A1070 Revision 2 Accomplishment Instructions 3.B.

Part 3

N/A

23 AD 2006-21-01 Paragraph (g)(2) N640CS (PM560) is a Group 2 airplane

23 a Perform SB 737-27-1272 Accomplishment Instructions 3.B.

Group 2 Part 1

N/A

24 AD 2007-16-05 Paragraph (f)

N640CS (PM560) is a Group 3

24 a Perform SB 737-27A1266 Revision 1 Accomplishment Instructions 3.B. Part 1 – Inspection

N/A

25 AD 2008-09-15 Paragraph (f) N640CS (PM560) is a Group 1

25 a Perform SB 737-56A1023 Accomplishment Instructions 3.B Part 1, Part 2, and Part 3

N/A

26 AD 2012-18-13 R1 Paragraph (g)(h)(i)

26 a Perform NDT Manual D6-37239, Part 6 Section 53-10-54, BS 1016 Aft Pressure Bulkhead Web at the “Y” Chord.

N/A

27 AD 2012-18-13 R1 Paragraph (k)

15M30023QA3700009 Page 9 of 45 airplane

27 a Perform SB 737-53A1214 Revision 4 Accomplishment Instructions 3.B. Part 1

N/A

28 AD 2013-09-08 Paragraph (g)

28 a Perform SB 737-28A1307 N/A 29 AD 2014-18-02 Paragraph (k)(l)

N640CS (PM 560) is a group 1

29 a Perform SB 737-53A1075 Revision 3 Accomplishment Instructions 3.B. Work Instructions and Figure 1.

N/A

30 AD 2015-13-05 (g)(1)

30 a Perform SB 737-53A1163 Revision 1 Table 2 Accomplishment instructions 3.B Part 1

N/A

31 AD 2015-15-05 Paragraph (g)

31 a Perform SB 737-53A1108 Revision 7 Table 6 Accomplishment Instructions Paragraph 3.B Part 2 Step 6.a

N/A

31 b Perform SB 737-53A1108 Revision 7 Table 6 Accomplishment Instructions Paragraph 3.B Part 2 Step 6.b

N/A

31 c Perform SB 737-53A1108 Revision 7 Table 6 Accomplishment Instructions Paragraph 3.B Part 2 Step 6.c

N/A

32 AD 2015-23-08 Paragraph (l) N640CS (PM560) is a Group 4

32 a Perform SB 737-53A1323 Table 9; Accomplishment instructions 3.B.3.h

N/A

33 AD 2017-02-12 Paragraph (g)(1)

33 a Perform SB 737-55A1092 Accomplishment Instruction 3.B.

Part 1

N/A

34 AD 2017-25-10 Paragraph (h)(5)

15M30023QA3700009 Page 10 of 45

34 a Perform SB 737-55A1099 Revision 1 Table 5; Accomplishment Instructions 3.B. Work Package 3

N/A

35 AD 2017-25-10 Paragraph (h)(6)

35 a Perform SB 737-55A1099 Revision 1 Table 6; Accomplishment Instructions 3.B. Work Package 4

N/A

36 AD 2017-25-10 Paragraph (h)(7)

36 a Perform SB 737-55A1099 Revision 1 Table 7; Accomplishment Instructions 3.B. Work Package 5

N/A

Task Number Sub-Task Service Firm Fixed Price 37 AD 2018-18-13 Paragraph (h)

Configuration 1 airplane

37 a Perform SB 737-57A1338 Table 1 Action 1; Perform Inspection 1 on #1 and #8 flap tracks.

N/A

37 b Perform SB 737-57A1338 Table 3 Action 1; Perform Inspection 5 on #2 and #7 flap tracks.

N/A

38 AD 2019-10-03 Paragraph (h) N640CS (PM560) is a Group 5

38 a Perform SB 737-53-1246 Revision 1 Table 5 Part 17 Accomplishment Instructions 3.B. Group 4-5 Part 17

N/A

38 b Perform SB 737-53-1246 Revision 1 Table 6 Part 18 Accomplishment Instructions 3.B Group 4-5 Part 18

N/A

39 AD 2020-17-04 Paragraph (g)(2)

39 a Perform SB 737-25-1758 Table 1 Accomplishment Instructions 3.B JPATS will provide Top Kit 65C37850-1094

N/A

Non-routine work cards for discrepancies identified in accomplishing above checks and inspections. Hourly Labor Rate:

12. Performance Standards JPATS will primarily utilize the Contractor’s existing Quality Assurance System under Federal Acquisition Regulation (FAR) 12.208, Contract Quality Assurance, but will also assess the Contractor’s performance using the onsite COR and the Performance Standards referenced in Section 12.1.

12.1 Assessing Performance

JPATS will utilize the table below for assessing performance of the Contractor. The table includes the PWS Section Number, Performance Standard, Acceptable Quality Level, and Monitoring Method.

PWS Number Performance Standard Acceptable Quality Level Monitoring Method

15M30023QA3700009 Page 11 of 45

4 Aircraft Maintenance Requirements in Section 11 Completed

100% Periodic review of documentation and spot-check adherence to policies.

4 Aircraft Unscheduled (non-routine) Maintenance Requirements Completed

100% Periodic review of documentation and spot-check adherence to policies.

4 Appropriate Maintenance Record Documentation

100% Periodic review of aircraft maintenance record documentation.

4 Airworthiness Directives Completed

100% Periodic review of documentation and spot-check adherence to policies.

4 Following Logistics Support Activities for the Acquisition of Aircraft Parts and Materials

100% Periodic review of documentation and spot-check adherence to policies.

PWS Number Performance Standard Acceptable Quality Level Monitoring Method 4 Aircraft Cleanliness 95% Review of aircraft and aircraft documentation after the approval for return to service.

6 Aircraft Delivery Schedule 95% Return to Service Date of the Aircraft

15M30023QA3700009 Page 12 of 45

Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

15M30023QA3700009 Page 13 of 45

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of

15M30023QA3700009 Page 14 of 45 the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)

(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

15M30023QA3700009 Page 15 of 45

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

15M30023QA3700009 Page 16 of 45

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Full Text

USMS-0012 Contracting Officer's Representative (COR)

CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 2017)

(a) [Name] is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

Phone Number:[Phone] E-mail:[Email]

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and Federal Acquisition Regulation (FAR) 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.908.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award.

(End of clause)

52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/ these address(es):

https://www.acquisition.gov/far/part-52

15M30023QA3700009 Page 17 of 45 https://www.acquisition.gov/jar/part-2852-solicitation-provisions-and-contract-clauses [Insert one or more Internet addresses]

(End of clause)

DOJ-01 Whistleblower Information Distribution (Oct 2021)

Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub-Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract (https://oig.justice.gov/sites/default/files/2020-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR 3.908 & 52.203-17, and commits to distribution. Within 45 days of award, the contractor must provide confirmation to the contracting officer verifying that it has distributed the whistleblower information as required.

(End of Clause)

DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (OCT 2007)

During a Pandemic or other emergency we understand that our contractor workforce will experience the same high levels of absenteeism as our federal employees. Although the Excusable Delays and Termination for Default clauses used in government contracts list epidemics and quarantine restrictions among the reasons to excuse delays in contract performance, we expect our contractors to make a reasonable effort to keep performance at an acceptable level during emergency periods.

The Office of Personnel Management (OPM) has provided guidance to federal managers and employees on the kinds of actions to be taken to ensure the continuity of operations during emergency periods. This guidance is also applicable to our contract workforce.

Contractors are expected to have reasonable policies in place for continuing work performance, particularly those performing mission critical services, during a pandemic influenza or other emergency situation.

The types of actions a federal contractor should reasonably take to help ensure performance are:

• Encourage employees to get inoculations or follow other preventive measures as advised by the public health service.

• Contractors should cross-train workers as backup for all positions performing critical services. This is particularly important for work such as guard services where telework is not an option.

• Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

• Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis or other emergency.

• Establish communication processes to notify employees of activation of this plan.

• Integrate pandemic health crisis response expectations into telework agreements.

• With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period). Security concerns should be considered in making equipment choices; agencies or contractors may wish to avoid use of employees' personal computers and provide them with PCs or laptops as appropriate.

• Determine how all employees who may telework will communicate with one another and with management to accomplish work.

• Practice telework regularly to ensure effectiveness.

• Make it clear that in emergency situations, employees must perform all duties assigned by management, even if they are outside usual or customary duties.

• Identify how time and attendance will be maintained.

15M30023QA3700009 Page 18 of 45

It is the contractor's responsibility to advise the government contracting officer if they anticipate not being able to perform and to work with the Department to fill gaps as necessary. This means direct communication with the contracting officer or in his/her absence, another responsible person in the contracting office via telephone or email messages acknowledging the contractor’s notification. The incumbent contractor is responsible for assisting the Department in estimating the adverse impacts of nonperformance and to work diligently with the Department to develop a strategy for maintaining the continuity of operations.

The Department does reserve the right in such emergency situations to use federal employees. employees of other agencies, contract support from other existing contractors, or to enter into new contracts for critical support services. Any new contracting efforts would be acquired following the guidance in the Office of federal Procurement Policy issuance "Emergency Acquisitions", May, 2007 and Subpart 18.2. Emergency Acquisition Flexibilities, of the Federal Acquisition Regulations.

(End of Clause)

USMS-0001 Release of Residual Funds ($100 or Less)

The contractor is advised when submitting the final invoice under this contract to submit an information copy of the invoice to the Contracting Officer. The invoice must be marked “Information Copy – Final Invoice.” If residual funds on the contract total $100 or less, the government will automatically deobligate the residual funds without further communication with the vendor. Upon receipt and payment of the final invoice, it is understood and agreed that all outstanding obligations incurred on the above referenced contract have been satisfied. Therefore, it is further understood and agreed that the government shall not be liable for the payment of any future invoices that may be submitted under the above referenced contract. (Applies to all contracts) (End of Clause)

USMS-0002 Release of Residual Funds (Greater Than $100)

If funds greater than $100 remain on this contract after the final invoice, the Government will issue a bilateral modification to authorize release of those funds. The contractor’s signature on the modification will constitute understanding and agreement that all outstanding obligations incurred on this contract have been satisfied. The Government shall not be held liable for the payment of any further invoices submitted under this contract. The contractor will have up to 30 calendar days after issuance of the modification to sign and return it. Further, failure to sign and return the modification within the stated time period shall be considered acceptance of the government’s intent to deobligate the residual funds; and releases the Government from any future liability stemming from or related to this contract. (Applies to all contracts.)

(End of Clause)

USMS-0003 Acceleration of Payments to Small Businesses

In order for the United States Marshals Service Payment Office to comply with OMB Memorandum M-11-32, all invoices from any small business must include the following statement of self-certification of its small business status:

"I hereby certify that [Vendor Name]is a small business concern as defined in Federal Acquisition Regulation (FAR) subpart 2.101."

This requirement for certification is in addition to any other invoicing instructions for this contract. Failure to include this certification on invoices may result in delayed payment.

USMS-0010 CONTRACT/ORDER CLOSEOUT - FIXED-PRICE, TIME-AND-MATERIALS, OR LABOR HOURS

Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within thirty (30) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order. A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting Officer within thirty (30) calendar days of issuance of the modification. A Contractor’s failure to respond and/or sign the bilateral closeout modification within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order.

If this contract/order contains option periods, the Contractor is required to submit an invoice within sixty (60) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.

15M30023QA3700009 Page 19 of 45

USMS-0011 RELEASE OF CLAIMS

At the conclusion of the contract (or task order), the Contractor shall submit with the Final Invoice a release of claims against the United States arising out of the contract (or task order), other than claims specifically excepted from the operation of the release.

Copies of the required form may be obtained from the Contracting Officer.

USMS-0013 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP)

(JAN 2018)

Payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing Platform System

(IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item…