Attachment_J-1_Charter_Flight_Services_PWS.pdf

FEDERAL BUREAU OF INVESTIGATION

FINANCE & FACILITIES DIVISION

PROCUREMENT SECTION

Performance Work Statement

Charter Flight Services

8/28/20233

PART 1

GENERAL INFORMATION

1.0 General:

This is a Multiple Award Blanket Purchase Agreement (MA-BPA) for chartered flight services. This BPA will provide worldwide passenger air charter service and related passenger services to assist the Federal Bureau of Investigation (FBI) Critical Incident Response Group (CIRG) in meeting its travel needs for all types of domestic and international travel permitted by Office of Management and Budget Circular A-126.

This is a non-personal service ordering agreement under which the personnel rendering the services are not subject, either by the Call order’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. The United States (U.S.) Government shall not exercise supervision or control over the Contractor’s employees performing the tasks herein. Such contract employees shall be accountable solely to the Contractor who, in turn shall be responsible to the U.S. Government.

1.1 Background:

The FBI conducts time-sensitive worldwide airlift of personnel and their associated equipment. These missions have included the transport of equipment to include firearms and ammunition as well as other hazardous materials (HAZMAT). The contractors are required to be mission ready and available with little to no notice and to carry all licenses, certification, and international documents required to support the FBI mission.

1.2 Description of Services/Introduction:

The Contractor shall provide passenger air charter service and related services to assist the Government in meeting its’ travel needs for various types of domestic and international travel. Services under this BPA are limited exclusively to Civil-Use operations. Prior to placement, or acceptance of orders, all agency protocol and oversight statutes must be met including going through the agency’s Aircraft Office and/or Senior Aviation Management (as established under OMB Circular A-126).

This BPA applies to non-scheduled operations of air transportation conducted under:

(a) 14 CFR Part 121 (“Supplemental Operations”)

(b) 14 CFR Part 135 (“Commuter and On-Demand Operations”)

1.3 Scope:

The objective of this Basic Purchase Agreement is to provide air charter flights and/or pilot services worldwide when required.

1.4 Contract Performance Information

1.4.1 Hours of Operation:

Work hours will vary for each chartered flight and shall be discussed during the BPA Call request. Request will likely come in with short notice with the potential to require service on nights and/or weekends.

1.4.2 Place of Performance:

The work to be performed under this contract has the potential to be performed worldwide in both friendly and unfriendly countries.

1.4.3 Type of Contract:

The Government anticipates the award of a Multiple Award Blanket Purchase Agreement consisting of Firm Fixed Price (FFP) Calls competed among the BPA holders.

1.4.4 Period of Performance:

The Period of Performance (POP) for this effort shall be five years from date of award.

1.4.5 Protection of Classified and SBU Information

The Contractor and all subcontractors must comply with all FBI requirements relating to the protection of classified, if applicable, and For Official Use Only (FOUO) information and cooperate fully in all security matters that may arise.

1.4.5.1 The loss, compromise, or suspected compromise or loss of any information (documents, notes, drawings, sketches, surveys, reports, exposed film, negatives, or photographs) or ANY information which may adversely affect the security interests of the United States, must be immediately brought to the attention of the CO or COR and the FBI’s Chief Security Officer (CSO).

1.4.5.2 The Contractor shall not process any classified or FOUO information on Contractor systems (including smart phones, tablets, computers, servers, or any form of media) without complying with the FBI’s requirements pertaining to systems security (provided by the contracting officer, if applicable).

1.4.5.3 All documents, such as blueprints, drawings, sketches, notes, surveys, reports, photographs, exposed film, negatives, specifications, scopes of work, lists of Government Furnished Equipment (GFE), and any other material received or generated in conjunction with this BPA, shall be classified, marked, and handled in accordance with FBI policy.

1.4.6 Security Requirements:

The contractors, subcontractors, and/or partner’s personnel performing services under this contract shall be citizens of the United States of America or a foreign entity approved by the FBI Security Division. Names, dates of birth, and Social Security numbers of all contractors, subcontractors, and/or partner’s personnel performing services under this contract shall be submitted to the COR prior to their employment on a particular flight.

1.4.6.1 Company personnel supporting Government overseas shall obtain and maintain any applicable/required Visas and passports and shall comply with in country laws and regulations for entry/exit. Passports shall have at least six months of time remaining before expiration. If the FBI notifies the contractor that the employment or the continued employment of any contractor personnel is prejudicial to the interests or endangers the security of the United States of America, that employee shall be removed and barred from the service on the contract. The FBI may require all contractor personnel involved in providing services to the FBI to sign and adhere to an FD-857 or FD-857a Sensitive Information Nondisclosure Agreement. By way of illustration and not limitation, this could include crewmembers as defined by 14 CFR 1, dispatchers, flight planners, and personnel involved in the administration of the contract. All aircraft used must be registered in the United States (N number registered).

1.4.7 Post Award Conference/Contract Periodic Progress Meetings:

The Contractor shall attend the post award conference convened by the contracting activity or contract administration office IAW Federal Acquisition Regulation (FAR) Subpart 42.5. The CO, COR, with other Government personnel, as appropriate, will meet quarterly with the Contractor to review the Contractor's performance. At these meetings, the CO will apprise the contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.4.8 Contracting Officer Representative (COR):

The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: ensure the Contractor performs the technical requirements of the contract, perform inspections necessary in connection with contract performance, maintain written and oral communications with the Contractor concerning technical aspects of the contract, issue written interpretations of technical requirements, including Government drawings, designs, specifications, monitor Contractor's performance and notify both the CO and Contractor of any deficiencies, coordinate availability of government furnished property. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates.

The COR is not authorized to change any of the terms and conditions of the resulting order.

1.4.9 Key Personnel:

Not Applicable.

1.4.10 Personnel Availability:

Contractor shall be available telephonically and via e-mail 24 hours a day and seven days a week to receive and respond to requests for charter. Aircraft must be airborne and in route to the starting location within 12 hours of request for domestic flights and 24 hours for an international flight.

1.4.11 Contractor Travel:

Contractor may be authorized travel expenses consistent with the substantive provisions of the Federal Travel Regulation (FTR) and FAR 31.205-46 and the limitation of funds specified in this contract. All travel requires Government pre-approval/authorization and notification to the COR. Local travel will not be reimbursed. Local travel is defined within 50 miles of assigned duty station at the request of the government. Travel to work and home does not constitute reimbursable travel.

1.4.11.1 The FTR implements requirements and Executive branch policies for travel by federal civilian employees and others authorized to travel at government expense (e.g., contractors). The contractor shall ensure that the requested travel costs will not exceed the amount authorized in the Call order. The contractor shall seek tax relief when traveling on behalf of the Federal Government. ALL travel requests must be coordinated with the COR. US Territory travel must also be approved by the CO prior to travel.

Travel reimbursement will not be made if the COR and/or CO has not approved the travel in writing. Travel costs shall be itemized on the invoices and include the necessary back up documentation to include the COR’s or CO’s approval.

1.4.11.2 The contractor is required to submit a price benefit analysis to support any travel beyond the lowest cost available prior to incurring travel expenses to the COR/CO (This supporting documentation shall also be submitted with the contractor’s invoice. Airfare in excess of the lowest price airfare available must be substantiated by one of the exceptions listed in FAR 31.205-46(b). To facilitate approval, travelers shall include the criteria identified in FAR 31.205-46(c) and identify the cost differences associated in the travel request. CORs and program officials will still be able to approve coach class travel, but all business and first-class travel will require Contracting Officer approval. In the event lodging is not available at the published lodging rates (or below the published rates), the contractor shall submit in writing a complete explanation to explain the circumstances in advance of the travel dates with the backup documentation from at least three hotels in the TDY location to substantiate the unavailability claim. The email shall be reviewed and approved/rejected by the CO in advance of the travel. Travel charges over and above allowable lodging rates and/or Per Diem without prior approval from the CO and support documentation shall be at the expense of the contractor.

1.4.12 Other Direct Costs (ODC):

Other Direct Costs (ODCs) are authorized. Prior to purchasing any ODCs approval must be obtained from the COR. The Government will only reimburse the Contractor for the actual direct costs the Contractor incurs for ODCs. The Government will not reimburse the Contractor under the ODC CLINs for any profit or indirect loads.

1.4.12.1 ODCs are limited to Government-directed travel, Government-directed purchase of material, and any other Government-directed ODC purchases.

1.4.13 Data Rights:

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

1.4.14 Non-Disclosure Requirements:

Performance under this contract may require the Contractor to access data and information proprietary to a Government agency, another Government Contractor, or of such nature that its dissemination or use other than as specified in this work statement would be averse to the interests of the Government or others. Neither the Contractor, nor Contractor personnel, shall divulge, nor release data or information developed, or obtained under performance of this work statement, except to authorize Government personnel or upon written approval of the CO. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as specified in this PWS. All documentation showing individual names or other personal information shall apply and shall be controlled and protected under the provisions of the Privacy Act of 1974, Public Law 93-579, 5 United States Code (U.S.C.) Section 552a.

1.4.14.1 Non-Disclosure Statements: The Contractor shall provide signed non-disclosure agreements to the Government prior to commencement of work under the contract.

Disclosure of information by Contractor personnel may result in Contractor personnel removal from performance of duties under this contract.

1.4.15 Advertisement and Social Media:

The Contractor shall NOT post information to public website or social media locations, personal or professional, that in any way disclose names, locations, hotel data, participants, discussions, pictures, etc. before, during or after the contract period of performance without the express consent of the Government. The Contractor shall not cite any information (e.g., contract information, pictures, locations, etc.) obtained through this contract on any marketing tools to include its company website.

1.4.16 Information Assurance:

At no time will the Contractor or associated sub-contractor employees transmit government documents or information using methods that do not meet the security requirements specified in the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations" such as personal electronic mail accounts, public digital data storage sites (cloud storage), social media platforms or instant messaging.

1.4.17 Organizational Conflict of Interest (OCI):

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

PART 2

DEFINITIONS & ACRONYMS

2.1 Definitions:

2.1.1 14 CFR Part 119. Title 14 of the Code of Federal Regulations Part 119, issued by the

Federal Aviation Administration (FAA), prescribes the certification requirements an operator must meet in order to obtain and hold a certificate authorizing operations under Parts 121 or 135 and operation specifications for each kind of operation to be conducted in each class and size of aircraft.

2.1.2 14 CFR Part 121. Title 14 of the Code of Federal Regulations Part 121, issued by the Federal Aviation Administration (FAA), and prescribes operating requirements governing the domestic, flag, and supplemental operations of each person who holds or is required to hold an Air Carrier certificate or operating certificate under Federal Aviation Regulations Part 119.

2.1.3 14 CFR Part 135. Title 14 of the Code of Federal Regulations Part 135, issued by the

Federal Aviation Administration (FAA), and prescribes rules governing commuter and on-demand operations of each person who holds or is required to hold an Air Carrier Certificate or Operating Certificate under FAA Part 119.

2.1.4 Ad Hoc charter. Ad Hoc charter may be viewed as an extension limb of the on-demand charter. This situation usually arises when a client is on an on-demand trip and needs to fly additional segments that did not exist in the original on-demand agreement at the point of trip origin. For example, a trip that was originally planned as a Washington D.C.

to Boston roundtrip now requires additional segments such as a Chicago round trip.

2.1.5 Block Charter. Refers to a situation where a client pre-purchases a set amount of hours

(e.g. 25, 50, or 100 hours) from an operator. Based on the actual flight time that a client uses, the appropriate time is deducted from the pre-purchased amount. Additional restrictions, rules, and regulations will vary greatly based on the specific contract, terms, and conditions accompanying the situation.

2.1.6 Broker. A non-asset-based company that coordinates with its subcontractor carrier operators to provide air charter services to requiring agencies. All requirements on this SIN including but not limited to reporting, safety, and insurance apply to the brokers and the Government expects that all requirements will flow down accordingly to the subcontractor carrier operators.

2.1.7 Charter operator. A company or individual that holds either a Part 121 or 135 aircraft charter certificates and provides charter services to retail and wholesale customers.

Contracts under this schedule are limited to operators holding either a Part 121 or 135 certificate.

2.1.8 Civil Aviation Authority (CAA). The national body governing civil aviation in a number of countries. In the United States of America, the CAA is the Federal Aviation Administration (FAA).

2.1.9 Code of Federal Regulations (CFR). Is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the Federal Government of the United States. The CFR is published by the Office of the Federal Register, an agency of the National Archives and Records Administration.

2.1.10 Contracting Officer (CO). A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

2.1.11 Contracting Officer’s Representative (COR). An individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions.

2.1.12 Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

2.1.14 Federal Acquisition Regulations (FAR). Is established for the codification and publication of uniform policies and procedures for acquisition by all executive agencies.

The Federal Acquisition Regulations System consists of the Federal Acquisition Regulation (FAR), which is the primary document, and agency acquisition regulations that implement or supplement the FAR.

2.1.15 Federal Aviation Regulations (FARs). are rules prescribed by the Federal Aviation

Administration (FAA) governing all aviation activities in the United States. The FARs is part of Title 14 of the Code of Federal Regulations (CFR). A wide variety of activities are regulated, such as airplane design, typical airline flights, pilot training activities, hot-air ballooning and even model rocket launches. The rules are designed to promote safe aviation, protecting pilots, passengers, and the general public from unnecessary risk.

They are also intended to protect the national security of the United States, especially in light of the September 11, 2001 attacks.

2.1.16 Federal Travel Regulation. Title 41 of the Code of Federal Regulations Parts 300-304, issued by the General Services Administration, implements statutory requirements and Executive Branch policies for travel by Federal civilian employees and others authorized to travel at Government expense.

2.1.17 Government aircraft. Any aircraft owned, leased, chartered, or rented and operated by an Executive Agency. An aircraft that is operated for the exclusive use of an executive agency and is a—

(a) Federal aircraft, which an executive agency owns (i.e ., holds title to) or borrows for any length of time under a bailment or equivalent loan agreement. See 41 CFR 102-33.20 for definition of all terms related to Federal aircraft, or (b) Commercial aircraft hired as commercial aviation services (CAS), which an executive agency—

(1) Leases or

(2) Lease-purchases with the intent to take title or

(3) Charters, rents, or

(4) Hires as part of a full-service contract or inter-service support agreement (ISSA).

2.1.18 Landing Fees. A charge paid by an aircraft to an airport company for landing at a particular airport. Landing fees can vary greatly between airports, with congested airports, ones where most of the landing slots are held by airlines being able to charge premium prices because of supply and demand, while less congested airports charge less because the demand is not as high. The money generated by landing fees is used to pay for the maintenance or expansion of the airport's buildings, runways, aprons, and taxiways.

2.1.19 Non-scheduled Operation. Any common carriage passenger-carrying operation for compensation or hire, using aircraft designed for at least 31 passenger seats, conducted by an air carrier for which the departure time, departure location, and arrival location are specifically negotiated with the customer or the customer's representative. This includes any passenger-carrying supplemental operation conducted under 14 CFR Part 121 and any passenger-carrying public charter operation conducted under 14 CFR Part 380.

2.1.20 Office of Management and Budget (OMB) Circular A-126, Improving the Management and Use of Government Aircraft. Is intended to minimize cost and improve the management and use of Government aviation resources. It prescribes policies to be followed by Executive Agencies in acquiring, managing, using, accounting for the costs of, and disposing of aircraft. It restricts the operation of Government aircraft to defined official purposes; restricts travel on such aircraft; requires special review of such travel on Government aircraft by senior officials or non-Federal travelers; and codifies policies for reimbursement for the use of Government aircraft. Requires each agency's aircraft programs comply with the internal control requirements of OMB Circular No. A-123 and that the internal controls are included in the agency's Management Control Plan.

2.1.21 On-Demand Charter. Occurs when a client’s need for utilizing air services surfaces. For example, a client may go directly to the airport or make arrangements by phone to make arrangements for a specific trip. Usually, on-demand charter is a one-time trip with high probability that the trip will not be repeated with high frequency. If the trip occurs in set pattern of high frequency, the client is better advised to engage in a block charter arrangement. For example, a client may make arrangements when there is a sudden need to fly from Washington D.C. to Boston. (One-Way or round trip).

2.1.22 Operational Control. A direct air carrier or commercial operator (certificate holder) certificated by the Federal Aviation Administration (FAA) includes any person or entity that provides or offers to provide transportation by air and who maintains control over the operational functions performed in providing that transportation. To legally act as a direct air carrier, a person or entity must hold an FAA Title 14 of the Code of Federal Regulations (14 CFR) Part 119 certificate and comply with applicable regulations.

Throughout this section, the terms “air carrier,” “certificate holder,” or “operator” will mean the holder of either an Air Carrier Certificate or Operating Certificate issued with operation specifications (OpsSpecs), authorizing operations under Part 135, including those authorized operations under both Parts 121 and 135.

2.1.23 Performance Work Statement (PWS). A statement of work for performance-based acquisitions that describes the required results in clear, specific, and objective terms with measurable outcomes.

2.1.24 Point of Sale. A traditional charter format where each trip is bid separately. This includes on-demand and ad-hoc services. There are no guarantees on pricing or availability until the charter is booked. The offeror may charge explicitly for all aspects of the flight (including non-occupied flights to position the plane).

2.1.25 Trip. All flights to be operated for the Government under this contract.

PART 3

GOVERNMENT FURNISHED PROPERTY AND SERVICES

3.1 Government Furnished Property:

No Government Furnished Property (GFP) is currently identified as being required to perform this contract. If GFP is identified as being required, the change will be affected by bilateral modification and the appropriate Federal Acquisition Regulations (FAR) clauses will be incorporated into the contract.

PART 4

CONTRACTOR FURNISHED EQUIPMENT

4.1 Materials and Equipment:

No Contractor Furnished Equipment (CPE) is currently identified as being required to perform this contract. If CPE is identified as being required, the change will be affected by bilateral modification and the appropriate Federal Acquisition Regulations (FAR) clauses will be incorporated into the contract.

PART 5

SPECIFIC TASKS

5.1 Mission Overview:

Aircraft operators will transport firearms, ammunition, and potentially dangerous goods or materials subject to type and quantity restrictions as governed by International Civil Aviation Organization (ICAO) document 9284 and other applicable regulations. The Government requires passengers to carry a full complement of munitions and explosives necessary to execute their mission as well as other HAZMAT. Contractor shall carry HAZMAT in accordance with IAW 49 CFR and DOT-approved exemptions. The contractor will be notified by the Government prior to loading of any cargo of a hazardous, flammable, or explosive nature and any such cargo must be properly documented and certified as per applicable transport standards. Prior to passenger and cargo transportation, the government will verify that passengers can travel with the class of hazardous material being transported. Hazardous classes will be identified prior to personnel and cargo being scheduled for missions.

5.1.1 Missions can include evacuation (including medical evacuation), intelligence and counternarcotics activities, including carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances in accordance with 14 CFR § 91.19(b), transportation of prisoners, and official travel by government personnel and senior federal officials.

5.1.2 The Contractor shall ensure its employees have taken all necessary vaccinations as required by the country in which travel will occur. The FBI reserves the right to demand removal of any Contractor employee that fails to take required medication or required vaccinations and recover compensation for costs associated with care and evacuation.

5.2 Charter Operator Requirements (Parts 121 and 135):

The carrier is required to demonstrate compliance with the necessary regulatory, legal, policy requirements, various safety standards and performance measures as outlined below:

5.2.1 Required to be IOSA (IATA Operational Safety Audit Program) registered. This applies to 121 operators only. Operator must provide proof of certificate and must be placed on IATA registry website. Eligibility must be verified at the IATA website.

5.2.2 NOTE Exception: In lieu of carrier meeting the requirements of 5.2.1 of this section, a full review of the audit may occur if the carrier has passed a safety audit conducted by an accredited FARs Part 121/135 audit services provider within the last twelve (12) months.

5.2.3 All Operators must have approval from the FAA. Further mandates and safety requirements are provided in this BPA and may be specified in the order.

5.2.4 Part 135 Operators must be in compliance with applicable regulations as outlined in

Federal Aviation Regulations Part 135: Operating Requirements: Commuter & On-

Demand Operations & Rules Governing Persons on Board Such Aircraft.

5.2.5 Part 121 Operators must be in compliance with applicable regulations as outlined in Federal Aviation Regulations Part 121: Operating Requirements: Domestic, Flag, and Supplemental Operations.

5.2.7 Any operator that the broker represents shall demonstrate the following: The operator has the assets (aircraft) to ensure that if the primary aircraft becomes inoperable due to a mechanical problem or other issue that they have the assets, with the same capabilities, readily available to complete the mission in the time frame agreed to in the SOW.

5.2.8 Operators are expected to assist Federal Agencies seeking passenger charter services to facilitate Federal Agency compliance with the necessary documentation and reporting requirements contained 41 CFR 102-33.215, 41 CFR 102-33.220, and the Federal Travel Regulation (41 CFR 301-70.900-910).

5.2.9 41 CFR 102-33.215 addresses an agencies entitlement to use Government aircraft to carry passengers; 41 CFR 102-33.220 outlines the responsibilities of an agency's aviation program in justifying the use of a Government aircraft to transport passengers; and 41 CFR 301-70.900-910 outlines policies and procedures for agencies that own or hire Government aircraft for travel.

5.2.10 Carrier must demonstrate compliance with Sections 5.6 – 5.14 of this PWS.

5.3 Required Insurance and Liability Coverage:

Prior to performance of any services hereunder, the Contractor shall procure and maintain during the entire period of performance under this BPA the following insurance.

5.3.1 Liability Insurance. The Operator shall maintain, or cause to be maintained at its sole expense, bodily injury, and property damage liability insurance.

5.3.2 Hull Insurance. The operator shall maintain, or cause to be maintained at its sole expense, all risks aircraft hull insurance in an amount equal to the value of the aircraft. Such policy shall designate the Operator and any first lien mortgage holder as loss payees as their interests may appear.

5.3.3 Insurance Certificates. Brokers shall ensure that operator provides the FBI with a Certificate of Insurance evidencing the insurance coverage required upon execution hereof and immediately upon the FBI’s request at any time thereafter.

5.3.4 Workers Compensation. Operator shall maintain workers compensation insurance providing applicable statutory benefits for all employees performing services pursuant to this Agreement. The cost of such workers compensation insurance premiums is the Operator’s responsibility.

5.3.5 Conditions of Insurance. Each such policy shall insure Operator’s contractual liability to GSA as agreed to in MAS 481211B award. The geographic limits, if any, contained in each such policy of insurance shall include at the minimum all territories over which

Operator will operate the Aircraft for which the insurance is placed. The insurer for Operator shall endeavor to give the FBI 30 days advance notice of cancellation.

5.4 Safety Requirements for U.S. Commercial Air Carriers:

5.4.1 Air Carrier Quality and Safety. The contractor shall demonstrate air carrier quality and safety prior to award by one of the following methods: (i) In accordance with the provisions of 32 CFR 861, Department of Defense Commercial Air Carrier Quality and Safety Review Program, DoD approval has been obtained for the operator proposed for service or (ii) The operator has current, successful Wyvern, ARG/US inspection, International Stands for Business Aircraft Operations (IS-BAO) Stage Three certification(s), or equivalent.

5.4.2 DoD Temporary Nonuse Status or Suspension. Pertaining to 5.4.1 above, if at any time during the term of the contract, a carrier is placed in temporary nonuse status or suspension by the DoD in accordance with 32 C.F.R. Part 861, the Government may, with no cost or liability to the Government or any department, agency, entity, or official therein, discontinue use of services under the Call order for the duration of the period of temporary nonuse/suspension.

Safety Standards: An operator under DoD approval shall at all times be in compliance with all requirements (“Air Carrier Quality and Safety”) as outlined in the following provisions:

(i) 32 CFR 861

Title 32: National Defense, Chapter VII: Department of the Air Force Subpart 861:

Department of Defense Commercial Air Transportation Quality and Safety Review Program.

(ii) DoD Directives 4500.3

Department of Defense (DoD) Commercial Air Transportation Quality and Safety Review Program.

(iii) 10 USC 2640

Charter Air Transportation of Members of the Armed Forces.

5.5 Accessorial Services:

Depending on the needs of the specific trip flown, the FBI may request a carrier to provide common air charter accessorial services. The following is a sample of common air charter accessorial services (not all-inclusive) that the FBI may wish to secure:

a) Catering services

b) Ground transportation (origin and destination) to/from point of departure/arrival

c) Hotel & other lodging accommodations

d) Lounge & conference room services

e) Aircraft/Passenger/Cargo Security

f) Over flying/landing arrangements & permits processing

g) Flight Dispatch staffing services

h) Hangar Facilities & Cleaning

i) Communication/Flight phone services

j) Multilingual staff

k) Flight planning services

l) Additional insurance coverage

m) Standard Requirements.

5.6 Operations Management:

5.6.1 The contractor shall comply with all policies, procedures and goals outlined by

FAA/CAA (Civil Aviation Authority) in Federal Aviation Regulations (FARs) Part 135.

The contractor shall have a cooperative response to FAA/CAA inspections. Cooperative response indicates a reasonable effort on the part of the operator to meet but generally exceed minimum requirements set forth in the FARs.

5.6.2 Support infrastructure shall be provided at the operator’s primary facility and en route stations, including: facilities, equipment, parts, and qualified personnel.

5.6.3 Personnel with prior aviation related management experience must fill key management positions.

5.6.4 A documented internal quality audit program or other method capable of identifying in-house deficiencies, measuring company’s compliance with their stated policies and standards, and audit results shall be analyzed in order to determine the cause, not just the symptom, of any deficiency.

5.7 Safety Program (Safety Management System):

The contractor shall provide clear evidence of up-to-date written policies that aircraft operator practices, policies, procedures, and goals are present to enhance the regulatory minimum operations and maintenance standards that have been established by the FAA.

The US Department of Justice (DOJ), as a customer of air transportation and operational support services, expects air carriers to employ programs and business practices that not only ensure good service but also enhance the safety, operational, and maintenance standards established by applicable Civil Aviation Authority (CAA) regulations. Each carrier audits itself to detect unsafe practices, and findings are revealed to management, including safety problems. Management is supportive, and takes prompt action to resolve unsafe conditions.

5.8 Pilot Records:

A pilot employed by the prospective carrier will be evaluated according to criteria outlined in Sections 5.26 of this PWS.

5.9 Flight Crew Hiring:

5.9.1 The contractor shall establish procedures to ensure that applicants are carefully screened, including a review of the individual’s health and suitability to perform flight crew duties.

5.10 Aircrew Training:

5.10.1 Crew Resource Management (CRM) is a best practices measure that is taught, practiced and evaluated during all phases of operations training. There are no general mandates imposed on an operator regarding the frequency of CRM training. However, the expectation is that the frequency of CRM training is sufficient to ensure that the operator meets all Federal Aviation Regulations (all parts) from Title 14 and Code 49 of Federal Regulations. In order to ensure CRM competency, the following minimum areas must be covered:

a) Role playing scenarios between crewmembers to ensure clear channels of communication exist.

b) Role playing scenarios that demonstrate how to over-ride a senior crewmember’s decision if that senior crewmember has made an error.

c) Delegation of duties under normal circumstances and situations where a senior crewmember in a decision-making chain-of-command is incapacitated.

5.10.2 The contractor shall complete an approved motion-based simulator-training course for PICs (Pilot in Command) and SICs (Second in Command) at least annually in each type of aircraft in which they maintain currency.

5.10.3 The contractor shall have jet recurrent training for Flight and cabin crews as mandated in Federal Aviation Regulations 135.295 and 135.297 respectively.

5.10.4 The records of training shall be current and audited by operations management. Currency indicates that personnel records are immediately updated after any session conducted internally and/or by external entities that serves the purpose of verifying and/or adding job specific skills. Each update will record the date, length, instructors, and specific job-related skills covered. Acceptable standards for each record will be determined by compliance with all Federal Aviation Regulations Parts from Titles 14 and 49 Code of Federal Regulations.

5.10.5 The contractor shall ensure training and evaluations are current and audited by operations management.

5.11 Flight/Cabin Attendant Program:

The contractor shall follow the standards as outlined in 5.10 above.

5.12 Crew Scheduling:

5.12.1 The contractor shall manage trips to ensure Civil Aviation Regulations (CAR) compliance as well as fatigue reduction as outlined in FARs Part 135: Subpart F.

5.12.2 The operator’s scheduling system shall track flight and duty times for pilots as well as flight attendants.

5.12.3 Management shall closely monitor the scheduling process, to evaluate risks, assess the experience level of crews, and ensure the proper pairing of crewmembers. Operators shall avoid pairing inexperienced first officers with new captains.

5.13 Security and Dangerous Goods:

The contractor shall adhere to (FARs) Part 135, Subpart K.

5.14 Operational Control and Support:

The contractor shall comply with Department of Transportation (DOT), Federal Aviation Administration (FAA) Notice 8900.4, Guidance for Operations Specifications A002 and A008 (Effective 5/2007)

5.15 Management Personnel:

5.15.1 The contractor shall ensure that contracted maintenance, including repair and overhaul facilities, is performed by maintenance organizations acceptable to the CAR.

5.15.2 Maintenance supervisors shall ensure that, in spite of scheduling pressure, peer pressure, supervisory pressure, or other factors, the aircraft must be airworthy prior to flight.

5.16 Maintenance Personnel:

5.16.1 Operators are expected to hire and train the number of employees that would be reasonably required to safely maintain the company aircraft and support the scope of the maintenance operation both at home station and at en route locations.

5.16.2 The contractor shall ensure that all maintenance tasks, including required inspections and airworthiness directives, are performed.

5.16.3 All maintenance actions shall be properly documented, and discrepancies identified between inspections are corrected.

5.16.4 Mechanics must be fit for duty, properly certified with the company’s certification and knowledgeable of the necessary aircraft-specific requirements to accomplish the maintenance tasks.

5.16.5 Non-certified and inexperienced personnel must receive supervision from individuals compliant with FARs Part 43.3.

5.16.6 Freedom from alcohol and drug abuse is required as outlined in Federal Aviation Regulations.

5.17 Quality Assurance/Quality Control:

5.17.1 The carrier must ensure that a system which continually analyzes the performance and effectiveness of maintenance activities and maintenance inspection programs is required for all operators.

5.17.2 The contractor shall ensure the system evaluates the following functions: reliability reports, audits, component tear-down reports, inspection procedures and results, tool calibration program, real-time aircraft maintenance actions, warranty programs, other maintenance functions. (The extent of this program is directly related to the operator’s size and scope of operation.)

5.17.3 The contractor shall find the cause of any recurring discrepancies or negative trend and ensure it is researched and eliminated. Action is taken to prevent recurrence of these discrepancies and preventive actions are monitored to ensure effectiveness.

5.17.4 The results of preventive actions are provided to appropriate maintenance technicians.

5.18 Maintenance Training:

5.18.1 Orientation, familiarization, on-the-job, and appropriate initial and recurrent training for all full and part-time personnel is expected. This training should include aircraft familiarization systems, and job specific duties related to avionics and power plant. The use of such training aids as mockups, simulators and computer-based training enhances maintenance-training efforts, and is desired. Initial and recurrent training requirements and frequency are established for each operator as outlined by Federal Aviation Administration (FAA) Advisory Circular (AC) 120-42. All maintenance employees must be in compliance with Federal Aviation Regulations (FARs) Part 43.

5.18.2 Training documentation is required and must be current, complete, well maintained, and correctly identifies any special authorizations such as inspection and airworthiness release.

5.18.3 Trainers/Supervisors are to be fully qualified in the subject matter, as evidenced by holding an A&P Airframe and Power plant license. Qualified personnel are determined by compliance with Federal Aviation Regulation Part 43. Specifically, this applies to FARs Part 43, Subparts: 43.3 and 43.7.

5.19 Control and Planning:

5.19.1 Qualified personnel must monitor maintenance preplanning, ensure completion of maintenance actions, and track deferred discrepancies. Constant and effective communication is ensured between maintenance and flight operations for exchange of critical information. Qualified personnel are determined by compliance with Federal Aviation Regulation Part 43. Specifically, this applies to FARs Part 43, Subparts: 43.3 and 43.7.

5.19.2 Deferred maintenance actions are identified to supervisory personnel and corrected in accordance with the criteria provided by the manufacturer or CAR.

5.20 Maintenance Records:

5.20.1 Maintenance actions are well documented and provide a complete record of maintenance accomplished and, for repetitive actions, maintenance required.

5.20.2 Such records as aircraft logbooks and maintenance documentation are legibly prepared, dated, clean, readily identifiable, and maintained in an orderly fashion as either hard copy or electronically.

5.20.3 Inspection compliance, airworthiness release, and maintenance release records are complete and signed by approved personnel.

5.21 Fueling and Servicing:

5.21.1 Aircraft is free from contamination; procedures and instructions pertaining to servicing, handling, and storing fuel and oil meet safety standards.

5.21.2 Procedures for monitoring and verifying vendor servicing practices are included in this program.

5.22 Maintenance Manuals:

5.22.1 Company policy manuals and manufacturer’s maintenance manuals are current, available, clear, complete, and adhered to by maintenance personnel. Currency indicates the ability to demonstrate (upon a random audit) that all company manuals (maintenance or otherwise) contain the most recent entries. For a random audit, there should not be any entries left undocumented since the last verified entry and the date the random audit is performed.

5.22.2 Management policies, lines of authority, and company maintenance procedures are documented in company manuals and kept in a current status.

5.23 Facilities/Security:

5.23.1 Facilities (shipping, receiving, and stores) areas are clean and orderly.

5.23.2 Parts are correctly packaged, tagged, and segregated. Stores/Shelf Life: shelf life is properly monitored for all appropriate items.

5.24 Regulatory Issues Focal Areas (implemented by FAA):

Operator must be in compliance with:

14 CFR Part 135 – Operating Requirements: Commuter and On Demand Operations

14 CFR Part 121 – Operating Requirements: Domestic, Flag, and Supplemental Operations

FARs Part 43 – Maintenance, Preventive Maintenance, Rebuilding & Alteration

FARs Part 61- Certification: Pilots, Flight Instructors & Ground Instruction

FARs Part 67- Medical Standards and Certification

FARs Part 91- General Operating and Flight Rules

FARs Part 119 (as applicable) – Certification: Air Carriers & Commercial Operators Operations Specifications A008 requirements

FAA Notice 8400.83 – Operational Control Regulations

5.25 Fly America Act Requirements:

The Contractor shall:

Ensure that travel is made in accordance with the Fly America Act. This Act requires Federal travelers to use a U.S. flag air carrier service for all air travel funded by the Government except when:

(i) Use of a foreign air carrier is determined to be a matter of necessity in accordance with Sec. 301-10.138 of the Federal Travel Regulation; or

(ii) The transportation is provided under a bilateral or multilateral air transportation agreement to which the United States Government and the government of a foreign country are parties, and which the Department of Transportation has determined meets the requirements of the Fly America Act; or

(iii) The traveler is an officer or employee of the Department of State, or USAID, and travel is paid with funds appropriated to one of these agencies, and travel is between two places outside the United States; or

(iv) No U.S. flag air carrier provides service on a particular leg of the route, in which case foreign air carrier service may be used, but only to or from the nearest interchange point on a usually traveled route to connect with U.S. flag air carrier service; or

(v) A U.S. flag air carrier involuntarily reroutes travel on a foreign air carrier; or

(vi) Service on a foreign air carrier would be three hours or less, and use of the U.S.

flag air carrier would at least double the en route travel time; or

(vii) The costs of transportation are reimbursed in full by a third party, such as a foreign government, international agency, or other organization.

(viii) Travel occurs between the US and another country:

a) If a U.S. flag air carrier offers nonstop or direct service (no aircraft change) from the origin to destination, a U.S. flag air carrier service must be used unless such use would extend the travel time, including delay at origin, by 24 hours or more

b) If a U.S. flag air carrier does not offer nonstop or direct service (no aircraft change) between the origin and destination, a U.S. flag air carrier must be used on every portion of the route where it provides service unless, when compared to using a foreign air carrier, such use would:

(1) Increase the number of aircraft changes that the traveler must make outside of the U.S. by 2 or more; or

(2) Extend the travel time by at least 6 hours or more; or

(3) Require a connecting time of 4 hours or more at an overseas interchange point.

(ix) Travel occurs between the US and another country:

For travel solely outside the US, the traveler must always use a U.S. flag carrier for such travel, unless, when compared to using a foreign air carrier, such use would:

a) Increase the number of aircraft changes you must make en route by 2 or more; or

b) Extend your travel time by 6 hours or more; or Require a connecting time of 4 hours or more at an overseas interchange point.

5.26 Performance Standards:

The contractor is expected to be fully aware and compliant with the performance measurements outlined in this section of the PWS. The FBI may impose additional performance measures. The FBI reserves the right to immediately terminate the BPA, should an operator fail to demonstrate compliance with the on-going performance measurements and standards and/or intentionally furnishes partial or false information. Furthermore, the FBI may amend this list at anytime, at which time it will notify all BPS holders of any new requirements. An operator that has been awarded a BPA will be expected to comply with all performance measurements and standards for the entire length of the award period.

The performance measurements and standards include:

5.26.1 Historical Performance

5.26.1.1 Measurements: FAA Sanctions (past 5 years)

5.26.1.2 Accidents (past 5 years)

5.26.1.3 Incidents (past 5 years)

5.26.1.4 Vehicle Violation (past 5 years)

5.26.1.5 Charter Operator PT 135 Certificate** (see below)

5.26.1.6 Certificate Number

5.26.1.7 Certificate Type

5.26.1.8 Certificate Issue Date

** Each operator must hold a Part 135 or Part 121 certificate, and each aircraft must have an airworthiness certificate (Federal Aviation Regulation, Part 119.5: Certification – Air Carriers & Commercial Operators).

5.26.2 Historical and On-going Performance Measures

5.26.2.1 Status (up front and confirmed annually)

5.26.2.2 Home Base

5.26.2.3 Employment (confirm employment status…