CI solicitation 83310122R0003 IDIQ aircraft inspections 2022-06-27.pdf

IDIQ Aircraft Inspections FAR 12 Commercial Item - Full and Open Competition

RFP Solicitation # 83310122R0003

REQUEST

FOR

PROPOSAL

PROJECT: Aircraft Inspections

PROPOSAL DUE

DATE AND TIME:

July 29, 2022 (Friday) 5:00pm Eastern Time (GMT -04:00)

SUBMIT TO: Export Import Bank of the United States See E.2 ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS, of the Solicitation for instructions.

SOLICITATION

NUMBER:

RFP 83310122R0003

PROPERTY OF THE UNITED STATES GOVERNMENT COPYING, DISSEMINATION, OR DISTRIBUTION OF DRAWINGS, PLANS OR SPECIFICATIONS TO UNAUTHORIZED USERS IS PROHIBITED. PROPERLY DESTROY DOCUMENTS WHEN NO LONGER NEEDED. DO NOT REMOVE THIS NOTICE.

RFP Solicitation # 83310122R0003

Contents Section A – Standard Form (SF) 1449

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Definitions and Acronyms for Solicitation

A.2 NAICS CODE and PSC ASSSIGNMENTS

A.3 CONTRACT CEILING LIMIT AND MINIMUM GUARANTEE

A.4. Communications and Currency

A.5. 52.216-1 Type of Contract

Section B – Continuation of SF 1449

B.1 SUBMISSION OF INVOICES (CONTINUATION OF BLOCK 18b)

B.2 ADVANCE PAYMENTS

B.3 SCHEDULE OF SUPPLIES/SERVICES (CONTINUATION OF BLOCK 19-24)

B.4 CANCELLATION / TERMINATION POLICY

B.5 LABOR STANDARDS AND WORK HOURS

B.6 SAFETY REQUIREMENTS

B.7 LIMITATION OF LIABILITY

B.8.1 PERIOD OF PERFORMANCE

B.8.2 PLACE OF PERFORMANCE

B.9 PERFORMANCE WORK STATEMENT (PWS) (CONTINUATION OF BLOCK 20)

B.9.1 OBJECTIVE

B.9.2 BACKGROUND

B.9.3 SCHEDULED INSPECTIONS

B.9.4 UNSCHEDULED INSPECTIONS

B.9.5 ANCILLARY TASKS AND REQUIREMENTS

B.9.6 CONTRACTOR RESPONSIBILITIES

B.9.7 DELIVERABLES OVERALL

B.9.8 QUALITY CONTROL PLAN (QCP) AND CONTROL PROCEDURES

B.9.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

B.9.10 OVERALL IDIQ TASK ORDER DELIVERABLES

B.9.11 INSURANCE FOR INSPECTIONS

RFP Solicitation # 83310122R0003

B.9.12 COOPERATION

B.9.13 CONFLICT OF INTEREST

B.9.14 TRAVEL

B.9.15 KEY PERSONNEL

B.9.16 SECURITY AND CLEARANCE REQUIREMENTS

B.9.17 COMPLIANCE WITH INFORMATION TECHNOLOGY SECURITY POLICES, PROCEDURES, AND

REQUIREMENTS

Section C – Contract Clauses

C.1 PROVISIONS AND CLAUSES INCORPORATED BY REFERENCE (IBR) IAW FAR 52.102

C.2 PROVISIONS AND CLAUSES INCORPORATED BY FULL TEXT

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services

52.212-2 Evaluation—Commercial Products and Commercial Services

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services

52.216-18 Ordering

52.216-19 Order Limitations

52.216-22 Indefinite Quantity

52.216-27 Single or Multiple Awards

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Acquisition

52.216-32 Task-Order and Delivery-Order Ombudsman

52.217-8 Option to Extend Services

52.217-9 Option to Extend the Term of the Contract

52.252-4 Alterations in Contract

52.232-18 Availability of Funds

52.252-1 Solicitation Provisions Incorporated by Reference

52.252-2 Clauses Incorporated by Reference

17.204 Contracts

Section D – Contract Exhibits

RFP Solicitation # 83310122R0003

D.1 EXHIBIT 1 – Self-Evaluation Checklist - Aircraft Inspections IDIQ

D.2 EXHIBIT 2 – FAIR OPPORTUNITY ORDER METHOD PROCEDURES AND NOTICE

D.3 EXHIBIT 3 – PAST PERFORMANCE QUESTIONNAIRE

Section E – Solicitation Provisions

E.1 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services

E.2 ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS

RFP Solicitation # 83310122R0003

Section A – Standard Form (SF) 1449

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Questions concerning this solicitation may be submitted to Patricia Ludlow, Contracting Officer via email at patricia.ludlow@exim.gov.

Definitions and Acronyms for Solicitation Scheduled Aircraft Inspections *

* NO COST TO THE

GOVERNMENT

A scheduled aircraft inspection consists of inspecting the aircraft, engine(s), part(s) and the manuals and technical records. The inspection will be a visual, walk-around inspection which may include going on board the aircraft.

However, it does not include opening or removing any panels, bays or engine or avionic components of the aircraft, unless the aircraft is, on the date of the inspection, undergoing a maintenance visit, in which case such panels, bays or engine or avionic components as are open or removed from the aircraft may be inspected. The inspection may include a review and copy of the operator’s books and records and discussions of the operator’s business or financial affairs employees, auditors, or officers. The scheduled aircraft inspection cost is paid by the airline being inspected and inspector(s) from the inspector pool will be selected on a case-by-case basis outside of this contract.

Unscheduled Aircraft Inspections *

* PAID FOR BY THE

GOVERNMENT

An unscheduled aircraft inspection occurs when the airline is in a default situation or when EXIM staff is concerned about the airline’s financial, operational, or maintenance practices. An unscheduled aircraft inspection consists of tasks identified for a scheduled aircraft inspection plus other tasks, identified / specified by EXIM, that need to be examined / performed to assess the airline’s financial, operational, or maintenance condition as well as the condition and maintenance record of the aircraft in question.

NAICS Code North American Industry Classification System (NAICS) Code is a standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the US business economy performed by the US Census Bureau.

PSC Manual Product and Service Code (PSC) Manual provide codes to describe products, services, and research and development (R&D) purchased by the federal government. These codes indicate “WHAT” was bought for each contract action and reported and tracked in the Federal Procurement Data System (FPDS).

SBA US Small Business Administration (SBA) helps Americans start, build, and grow businesses. Through an extensive network of field offices and partnerships, the SBA assists and protects the interests of small business concerns.

SBA sets the SBA Size Standards within the published Table of size standards per the North American Industry Classification System (NAICS) Code.

Aircraft Aircraft consist of U.S. manufactured passenger and cargo aircraft and helicopters together with their titled and/or installed engines, parts, and associated records. These aircraft are operated by airlines corporations worldwide.

CONUS Continental United States (CONUS) OCONUS Outside Contiguous United States (OCONUS) only includes Alaska, Hawaii, US territories, and US possessions outside the contiguous 48 United States of America.

Foreign (overseas) For the purpose of this solicitation requirements, foreign means a place or country situated outside both the

Continental United States (CONUS) and Outside Contiguous United States (OCONUS).

Travel Regulations FAR 31.205-46 Travel costs

CONUS – General Services Administration (GSA) OCONUS – Department of Defense (DoD) Foreign (overseas) – Department of State (State)

TDY Temporary Duty (TDY) may include CONUS, OCONUS, or foreign travel. For the purpose of this solicitation (if travel is authorized), TDY is identified as 50 miles or 80.47 kilometers from the official location / duty station of the contractor’s facilities.

COR Contracting Officer’s Representative (COR) has specific written delegated authority from the contracting officer to perform approved tasks.

CO Contracting Officer (CO or KO) is a government employee empowered to bind the US Federal Government to the terms of a federal contract for the procurement of goods and/or services.

IDV Indefinite Delivery Vehicle (IDV) a shortened acronym that is inclusive of IDIQs, Blanket Purchase Agreements (BPAs), Blanket Ordering Agreements (BOAs), or other base / master contracts or agreements under which task orders or delivery orders may be issued.

IDIQ Indefinite Delivery Indefinite Quantity (IDIQ) per FAR 16.502 and 16.504, IDIQs provide a base / master contract terms and conditions (T&Cs) with a pool of determined qualified contractors for which task orders or delivery orders for specific tasks or products may be more easily awarded in a streamlined acquisition process.

https://www.census.gov/naics/ https://www.census.gov/naics/ https://www.acquisition.gov/psc-manual https://www.acquisition.gov/psc-manual https://www.sba.gov/federal-contracting/contracting-guide/size-standards https://www.sba.gov/document/support-table-size-standards https://www.census.gov/naics/ https://www.gsa.gov/travel/plan-book/per-diem-rates https://www.defensetravel.dod.mil/site/perdiemCalc.cfm https://aoprals.state.gov/web920/per_diem.asp

RFP Solicitation # 83310122R0003

Definitions and Acronyms for Solicitation TO Task Order (TO) is for services that is issued through the Request for Quotation (RFQ) or Request for TO Submission ordering process as an award from the relevant base master contract. Each TO has specific task performance requirements.

DO Delivery Order (DO) is for services that is issued through the Request for Quotation (RFQ) or Request for DO Submission ordering process as an award from the relevant base master contract. Each DO has specific task performance requirements.

TO / DO Task Order and Delivery Order may be used interchangeably incidentally and/or unknowingly.

Ordering Instructions and Notification

Ordering instructions and fair opportunity notification process is identified within this solicitation.

RFP Request for Proposal (RFP) is a business document that announces a project, describes it, and solicits offers / proposals from qualified contractors to complete it.

EXIM’s Inspector Pool

Entities awarded an IDIQ contract pursuant to this solicitation will make up the Inspector Pool for potential assignment for scheduled and unscheduled inspections.

A.2 NAICS CODE and PSC ASSSIGNMENTS

• 488190 – Other Support Activities for Air Transportation

USD $35M SBA Size Standard

• H315 – INSPECT SVCS/AIRCRAFT

A.3 CONTRACT CEILING LIMIT AND MINIMUM GUARANTEE

In accordance with (IAW) this contract, there isa maximum ceiling of $150,000,000 as a potential estimated aggregate value of task orders that may be issued under each awarded IDIQ contract vehicle (including options). This estimated ceiling represents the need to protect US financial interests and the unpredictability and unreliability of global economic situations.

An unlimited number of task orders may be placed under this IDIQ contract during the term of this IDIQ contract, including option periods and extension of contract period under 52.217-8, if exercised.

A contractor has the right to refuse or reject orders IAW the limitations set per 52.216-19 Order Limitations. The contractor shall immediately notify the contracting officer of its intention to accept, reject, or compete for a given order, in writing, as follows:

1. When provided a task order notice through the Fair Opportunity process, notify the contracting officer of its intent by the specified task order response due date; or

2. At the time, that the contracting officer informs the contractor that a follow-on is contemplated for the continuance of an existing task order, the incumbent task order holder shall immediately inform the contracting officer of its intention with regard to accepting the continuance of work under said task order.

The minimum guaranteed contract amount is $5,000.00 per IDIQ contract award (including all options and contract extensions, if any).

A.4. Communications and Currency All communications oral, written or electronic, offer or proposal, and/or other in response to this solicitation and award of the IDIQ contract(s) shall be in the English language. Offers or other communications received in other than the English language shall be rejected without evaluation or consideration.

RFP Solicitation # 83310122R0003

All monetary values proposed and accepted shall be in United States Dollars (USD). Monetary values not in USD shall be rejected without evaluation or consideration.

A.5. 52.216-1 Type of Contract Per the Federal Acquisition Regulations (FAR) Part 12 Acquisition of Commercial Products and Commercial Services, this acquisition constitutes an acquisition of commercial products or commercial services IAW 12.102. The contract format is generally IAW FAR 12.303, Contract Format for Acquisition of Commercial Products and Commercial Services.

As a Commercial Item/Service Acquisition, conducted as a Full and Open Competition (unrestrictive) per FAR 6.102 and 12, the Government contemplates award(s) of a single or multiple IDIQ contract(s) with CLINS for Firm-Fixed-Price (FFP) Hourly Rates (fully burdened (loaded)) to cover any resulting tasks from this solicitation.

(End of provision)

NOTE: Task orders will be firm-fixed-price based on response to the Request For Quotation (RFQ) / Task Order Request (TOR). However, task orders may include time and materials which will not be firm-fixed-price to cover specific task order requirements.

IAW FAR 12.214, the resulting IDIQ contract and each Task Order issued thereunder are exempt from 48 CFR § 9903.201-1 - CAS applicability, Cost Accounting Standards (CAS). However, the CAS standards/definitions/procedures for travel expenses are made applicable to this contract and each task order issued thereunder, as a matter of contract administration.

Contractor is to provide its commercial, “best customer” firm-fixed price labor hour rates to cover all the requirements and tasks per this solicitation. These rates will be utilized for each FFP task order issued per FAR 16.505 IAW the fair opportunity procedures specified in the FAR and amplified in this solicitation.

For each labor category proposed, offerors must specify fixed hourly rates (fully burdened (loaded)) that include wages, overhead, G&A expenses, and profit. Proposed subcontractor rates shall not exceed the fixed hourly rates proposed for the prime contractor and made a part of the resulting IDIQ contract award. The prime contractor shall not add additional profit to or otherwise “mark-up” its subcontractor rates.

Prime contractor task order invoicing for services performed under Time and Materials (T&M) / Labor Hour (LH):

Labor

The prime contractor must specify whether the hourly rates for each labor category apply to labor performed by the prime contractor, its subcontractors, and/or affiliates under common control of the prime contractor, and multiple the hourly rates y the number of hours claimed for each personnel.

Materials https://www.acquisition.gov/far/part-12#FAR_12_102

RFP Solicitation # 83310122R0003

1. Reimbursed at actual cost without mark-up.

2. Direct purchase of materials by the prime contractor and/or subcontracts for materials, either of which may include incidental services.

3. Exception for contractor’s commercial items: prime contractor may invoice at its established catalog or market price.

4. Prime contractor shall apply: “Less any rebates, refunds, or discounts” that are “identified within or applicable to the contract”.

5. Prime contractor must ensure that the US Government receives credit for “cash and trade discounts, rebates, scrap commissions, and other amounts that are identified within or applicable to the contract”.

6. Unless specifically stated in the contract, the US Government will not separately pay for materials.

7. Other Direct Costs (ODC) (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.) shall be invoiced as “materials”, without “mark-up”.

8. Indirect Costs (e.g., material handling, subcontract administration, etc.)

a. Indirect costs shall not be billed to the US Government unless the prime contractor obtains approval, in advance, from the contracting officer, to apply a fixed percentage or a pro-rata formula to a particular type of material / ODC / indirect expense.

At all times before final making final payment under the resulting IDIQ contract, the US Government shall be granted access to the prime contractor’s records and its employees and subcontractor employees whose time has been billed to the US Government, such access being for the purpose of verifying that these employees have worked the hours shown on the invoices. The prime contractor understands that it is responsible for the veracity of all entries included in its invoices and of its subcontractor invoices.

Section B – Continuation of SF 1449

B.1 SUBMISSION OF INVOICES (CONTINUATION OF BLOCK 18b) Offeror / contractor must be registered in the System for Award Management (SAM) https://www.sam.gov.

Invoicing instructions will be provided upon receipt of an award.

Additional Invoice Requirements:

• Contractor invoices must clearly be in in a font size that is greater than a 7-font size.

• Contractor invoices must provide a clear explanation for each expense from a third-party vendor/subcontractor which the contractor is submitting to EXIM in its prime contractor invoice.

• Acronyms must be spelled out or an acronym key provided on the invoice.

• Each invoice must be complete and “proper” before it shall be considered received for the purposes of Prompt Payment Act interest accrual.

https://www.sam.gov/

RFP Solicitation # 83310122R0003

• Each invoice submitted by the contractor constitutes an official statement of the contractor seeking a benefit/compensation from the US Government.

B.2 ADVANCE PAYMENTS

For purchases of commercial products or commercial services, financing of the contract is the contractor’s responsibility. In unique circumstances and adherence to 32.202-1 Policy and the IDIQ contract holder meets all required documentation per 32.408 Application for advance payments, and is otherwise responsible, the contracting officer may determine it is in the best interest of the US Government to apply clause 52.232-12 Advance Payments.

IAW FAR 32.402(b) General, “Advance payments may be provided on any type of contract; however, the agency shall authorize advance payments sparingly. Except for the contracts described in 32.403(a) and (b), advance payment is the least preferred method of contract financing (see 32.106) and generally they should not be authorized if other types of financing are reasonably available to the contractor in adequate amounts. Loans and credit at excessive interest rates or other exorbitant charges, or loans from other Government agencies, are not considered reasonably available financing.”

B.3 SCHEDULE OF SUPPLIES/SERVICES (CONTINUATION OF BLOCK 19-24)

Proposed pricing shall be in United States Dollars (USD) and rounded to the nearest whole cent. The Schedule of Supplies/Services (Schedule) is provided below.

In the event that the contractor includes in its invoicing expenses incurred in foreign currency, the contractor must provide a citation to a commercially accepted currency conversion website that it used to convert the foreign currency amount to US Dollars. The date of the conversion shall be either the date that the expense was incurred, or the date that the contractor paid the provider/supplier.

Contractor is to provide labor categories, labor pools, labor mix, key personnel to meet task requirements within this solicitation.

Labor Categories, Labor Pools, Labor Mix, and Key Personnel

Market Hourly Rate (fully burdened (loaded) in USD

EXIM Discounted Hourly Rate (fully burdened

(loaded) Proposed in USD * Travel costs to be paid separately. Reference Definitions and Section B.9.14 Travel for additional information.

B.4 CANCELLATION / TERMINATION POLICY

The US Government may terminate the IDIQ contract or the period of performance of any task order issued thereunder, for any reason, before or after the commencement of any work under a task order.

The US Government shall be liable for costs of a Termination for Convenience or Cause, as the case may be, IAW FAR 52.212-4. In the event the IDIQ contract is terminated or expires prior to the contractor having received a task order(s) totaling more than the “guaranteed minimum”, the US Government shall be liable to the contractor for payment of an invoice up to the amount of the “guaranteed minimum”.

https://www.acquisition.gov/far/part-32#FAR_32_403 https://www.acquisition.gov/far/part-32#FAR_32_106

RFP Solicitation # 83310122R0003

Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party acknowledges the notice of cancellation. After the 30th business day all work will cease following completion of agreed work.

B.5 LABOR STANDARDS AND WORK HOURS

All work performed by the prime contractor and each of its subcontractors/suppliers shall be performed in accordance with commercial business practices and regulated labor standards prevailing in the jurisdiction where the services are being performed. The contractor is responsible for ensuring that all such practices and labor standards are enforced and followed and agrees to hold harmless and indemnify the US Government for any violation of same.

As determined by each task order, the contractor shall be “on-call” for emergency work and/or additional days, including weekends and holidays. Reference Unscheduled Aircraft Inspections above.

The contractor shall have a twelve (12) hour response time, from the time of notification from the government and/or issuance of a task order to begin task order services. Commencement of travel and or arranging for subcontractor performance in a foreign jurisdiction may constitute commencement of performance by the contractor.

B.6 SAFETY REQUIREMENTS

Reference FAR 52.212-4(q) and (r) the contractor shall comply with the US Occupational Safety and Health Administration's (OSHA) safety and health regulations and other such regulations applicable to the sites of the contractor’s performance of services, whether issued by a State within the US, or a foreign jurisdiction.

B.7 LIMITATION OF LIABILITY

IAW FAR 52.212-4(p) and 52.246-25, the contractor’s liability to the US Government for damage to US Government property, materials, supplies, equipment shall be limited to that which is covered by the contractor’s policy of insurance and or reserve. The contractor shall maintain insurance as required by the jurisdictions in which it is located and in each jurisdiction in which it performs services under the resulting IDIQ contract.

B.8.1 PERIOD OF PERFORMANCE

The period of performance for the IDIQ contract resulting from this solicitation is five (5) years which may be extended up to six (6) months per clause 52.217-8 in Section C, C.1 and C.2.

The maximum period of performance under each task order issued under the IDIQ contract is five (5) years from the date of award of the task order. A task order issued prior to the date of expiration of the IDIQ contract may continue to be performed for the period of performance specified in the said task order, notwithstanding the expiration of the IDIQ contract.

B.8.2 PLACE OF PERFORMANCE

The primary place of performance will be the location of the aircraft based on issuance of each task order.

RFP Solicitation # 83310122R0003

The contractor’s facilities may be located within CONUS, OCUNUS, or Foreign (overseas) areas. The contractor shall furnish all labor, materials, supervision, equipment, transportation necessary to conduct / document, or other to successfully complete performance of each task order.

B.9 PERFORMANCE WORK STATEMENT (PWS) (CONTINUATION OF BLOCK 20)

The PWS pertains to/describes performance of scheduled and unscheduled aircraft inspections for aircraft located world-wide. Specific requirements and deliverables will be described in each task order issued under this IDIQ contract.

B.9.1 OBJECTIVE

Undertake inspections of aircraft, including records of maintenance, that complies with industry standards. Successful performance shall be measured/evaluated on the basis of inspection reports submitted to the US Government by the contractor, as well as through information made known to the US Government through third parties, such as aircraft personnel, airport personnel, and/or foreign officials present at the location of the inspected aircraft.

The contractor shall furnish all labor, materials, supervision, equipment, and transportation necessary to conduct/document technical assessments with respect to scheduled and unscheduled aircraft inspections.

B.9.2 BACKGROUND

The Export-Import Bank of the United States (EXIM) has an aircraft transaction portfolio estimated to exceed $16 billion USD in value, involving approximately 85 airlines and corporations worldwide, and comprised of over 700 passenger and cargo aircraft, corporate jets, and helicopters. The Transportation Portfolio Management Division (TPMD) of EXIM has the responsibility to conduct monitoring activities with respect to the status of the various airlines, operators, corporations, and lessors, (individually and collectively “airlines”) and of the EXIM supported aircraft in its portfolio. In addition, from time to time, EXIM may evaluate troubled airlines in its portfolio. In order to preserve, protect and maintain the value of the EXIM supported aircraft (which may be affected by general financial stress of an airline, including bankruptcy, and border closures or other types of shutdowns or restrictions creating economic impacts within a region, which may lead to an airline voluntarily or involuntarily returning an aircraft to EXIM’s possession), EXIM needs the ability to conduct a technical assessment (i.e. inspection) of any airline or aircraft worldwide through one or more specialized contractors possessing a proven track record of conducting specialized technical assessments of aircraft. The specialized contractor must be a member of the International Society of Transport Aircraft Trading (ISTAT) with no less than one (1) ISTAT certified appraiser employed on a full-time permanent basis.

For scheduled inspections, EXIM selects the airline and aircraft to undergo scheduled inspection(s). EXIM will select the inspector to conduct each scheduled inspection from the qualified firms in EXIM’s inspector pool. Each contractor awarded an IDIQ contract under this solicitation must have qualified members within the EXIM inspector pool to support aircraft technical assessments. Under scheduled inspections, the airline will pay the inspection firm directly without an EXIM funded task order obligation.

For unscheduled inspections *, EXIM shall select the airline and aircraft to undergo an unscheduled inspection. EXIM will select the inspector from the EXIM’s inspector pool and will pay the inspection firm with an EXIM funded task order award.

RFP Solicitation # 83310122R0003

For all inspections, EXIM will consult with the selected contractor to determine the level of technical assessment appropriate for a given technical assessment assignment.

* Reference Exhibit 2, Fair Opportunity Order Method Procedures and Notice.

B.9.3 SCHEDULED INSPECTIONS.

EXIM periodically conducts technical assessments of EXIM supported aircraft. A technical assessment includes:

(A) World-wide physical inspections of (i) in-operation aircraft at any location in an airline’s route structure and/or (ii) Aircraft undergoing maintenance and/or repair on such route structure or undergoing maintenance and/or repair at a third-party provider. EXIM staff may accompany the contractor during an inspection. Should this be the case, EXIM will arrange and pay for travel costs related to EXIM staff.

(B) Review of an airline’s aircraft technical records, and if requested by EXIM, the contractor shall copy and provide key maintenance records in an electronic Adobe Portable Document Format (PDF).

(C) An assessment of the operational integrity of an airline and, if requested by EXIM, provide a formal valuation report on the current physical and technical status of an aircraft.

This contract award provides a complete waiver by the contractor for any compensation from EXIM for any scheduled inspection; that the opportunity of the contractor to earn its fee from the airline for each scheduled inspection is adequate consideration from EXIM to support this no-cost service under this contract with EXIM.

B.9.4 UNSCHEDULED INSPECTIONS.

Periodically, an urgent need arises to inspect an airline and/or a particular EXIM supported aircraft. In such cases, EXIM may require the following:

B.9.4.1 Unscheduled inspections will be ordered as required by EXIM in response to a particular Airline that is, or may be, experiencing financial or operational distress or other difficulties. Unscheduled inspections have a required response time of five (5) calendar days to commence the inspection.

B.9.4.2 Locate and identify aircraft. The contractor shall provide location services and be able to authoritatively identify EXIM supported aircraft (one or more aircraft) anywhere in the world.

B.9.4.3 Technical Assessment. The contractor shall conduct a technical assessment, as directed by EXIM.

Due to the distressed situation of the airline, there is a possibility that these aircraft may be poorly maintained; special care shall be taken to provide more extensive technical inspection than would be expected under the scheduled inspection portion of this solicitation’s scope. Contractor shall provide a comprehensive written report addressing the condition of the aircraft, including any precise problems found with respect to the aircraft’s condition, the airline’s operations, and a judgment as to time, cost and effort needed to correct the deficiencies found for full functionality and compliance with aircraft registry, manufacturer, and industry standards. As with scheduled inspections, EXIM staff may accompany the contractor during an inspection. Should this be the case, EXIM will arrange and pay for travel costs related to EXIM staff.

RFP Solicitation # 83310122R0003

B.9.4.4 An unscheduled inspection may also include the requirement for quick recovery or repossession of aircraft and arrangement of temporary or permanent storage. Recovery efforts, including, but not limited to ferry flights, storage and maintenance, records recovery and reconstruction, aircraft insurance and other post-repossession management items as well as remarketing efforts, some, or all of which may be performed by subcontractors / specialists / advisors retained by the contractor are within the scope of this contract and, if needed, will be included in the relevant task order.

B.9.4.5 An unscheduled inspection may also include one or more follow-up visits to ensure that deficiencies found in the previous inspection have been corrected and to ensure that the aircraft are being maintained in accordance with the manufacturer’s and applicable Civil Aviation Authority’s (CAA) requirements.

B.9.5 ANCILLARY TASKS AND REQUIREMENTS.

B.9.5.1 Aircraft Valuations. Semi-annually, the contractor shall provide EXIM with published aircraft and spare engine valuation guides for aircraft. Valuation guides will include current market and future aircraft values and spare engine values.

In addition to semi-annual valuation guides, there may be requests throughout the contract period for valuations on specific EXIM supported aircraft. These will range from a simple valuation given by telephone or e-mail, to a more detailed and signed written opinion. A signed written valuation opinion may be separately priced and ordered via task orders.

B.9.5.2 Tasks. Contractor shall provide services such as the following when conducting inspections, as will be specified in each task order:

Task 1: Locate and identify aircraft (pre-repossession). The contractor will confirm the location and operating status of the EXIM supported aircraft. Contractor shall provide an excel spreadsheet within the first week of the contract detailing the current location and operating status of the aircraft. Contractor will update the spreadsheet and immediately notify EXIM via email should there be any change in the location or operating status of the EXIM supported aircraft until the aircraft have been repossessed.

Task 2: Technical Assessment.

The contractor shall conduct a remote technical assessment of the relevant aircraft and engine records, identifying areas of deficiency or concern.

The contractor shall endeavor to conduct a physical inspection of the EXIM supported aircraft, depending on aircraft availability and related constraints (e.g. COVID-19, political situations, government mandated travel restrictions, etc.).

At EXIM request, the contractor shall provide a comprehensive written report in a PDF format to be submitted via email addressing the condition of the aircraft, including any precise problems found with respect to the aircraft’s condition, the airline’s operations, and a judgment as to time, cost and effort needed to correct the deficiencies found for full functionality and compliance with aircraft registry, manufacturers, and applicable Civil Aviation Authority’s (CAA) requirements.

RFP Solicitation # 83310122R0003

The contractor shall procure and arrange storage of all relevant aircraft and engine records.

Upon EXIM request, the contractor will also prepare the records in a manner consistent with the industry standard for the eventual sale and/or lease of the aircraft.

Task 3: Valuation. Upon EXIM request, the contractor will provide a maintenance adjusted valuation of the EXIM supported aircraft based on the technical assessment and current market conditions.

Task 4: Aircraft recovery and ongoing support (post-repossession).

Contractor may be required to arrange or and enter into agreements / arrangements with 3rd parties for such services / items as direct payment for aircraft insurance, preservation, ferrying, storage, and maintenance to preserve EXIM Bank’s collateral.

Aircraft recovery and ongoing support may include but not limited to the following:

(1) Identifying appropriate 3rd party vendors upon request by EXIM staff. The contractor will, upon request, perform market research and provide cost comparisons for EXIM staff regarding 3rd party vendors for services such as:

(2) Aircraft storage

(3) Aircraft and engine maintenance and preservation

(4) Ferrying services

(5) Insurance

(6) Aircraft or engine parts replacement

(7) Aircraft or engine technical work

Entering into direct agreements with 3rd party vendors (subcontractors), for services such as those listed above, with EXIM staff approval, and providing management, oversight, and direct payment on these agreements. The contractor will provide EXIM staff with weekly email updates regarding the aircraft status, location, and any ongoing or pending issues.

EXIM understands that large out-of-pocket expenses for such services are not expected of the contractor; that the contractor may invoice EXIM for these expenses prior to the contractor making payment to the 3rd party vendor; that any such invoice to EXIM shall include either receipt for payment to the 3rd party vendor by the contractor or the legally binding contract between the contractor and the 3rd party vendor establishing the contractor’s legal liability to pay the 3rd party vendor for such service.

Providing ongoing expert advice regarding the recovery, storage, maintenance, insurance, and re-marketing of the aircraft.

The contractor will be available for general technical consultation and recommendations. The contractor will arrange for a monthly status update call with EXIM staff. Additionally, upon EXIM staff request, the contractor will provide cost estimates and prepare written reports detailing their proposed strategy regarding any of the above services.

Providing project management tasks to support the repossession of EXIM aircraft, such as coordinating with airlines or other entities regarding the logistics of aircraft movement, supply

RFP Solicitation # 83310122R0003 of technical information, records recovery and reconstruction, insurance coverage; and arranging ferry flights, parking and/or storage locations, coordinating maintenance with applicable Maintenance Repair and Overhaul (MRO) facilities, and other relevant tasks.

Providing re-marketing support for the aircraft. The contractor will:

Prepare an on-line data room, or suitable alternative, containing the aircraft technical records and specifications and provide access to parties interested in purchasing and/or leasing the EXIM aircraft.

Maintain a list of all parties interested in purchasing and/or leasing the EXIM aircraft and act as an intermediary on EXIM’s behalf by answering questions posed by interested parties regarding the specifications and technical and maintenance status of the aircrafts. The contractor will provide a list of all parties interested in the EXIM staff, updated, and sent to EXIM staff on a weekly basis.

Manage the marketing and administration process for any task order RFQs issued regarding the sale and/or lease of the EXIM aircraft. During the task order RFQ process, the contractor will provide weekly email updates to EXIM staff regarding received bids.

Arrange for interested parties, selected by EXIM staff, to inspect the aircraft

Upon EXIM request the contractor will:

(1) Prepare a draft RFP for the sale and/or lease of the EXIM aircraft.

(2) Distribute any RFPs by listing them in industry leading publications.

Task 5: Training. As requested by EXIM, contractor shall provide training to EXIM staff on topics related to the airline, aircraft leasing, corporate jet, helicopter, or other aviation industry.

Training will include topics such as current market updates, aircraft valuations, aircraft inspection processes, and other relevant topics that may be recommended by the contractor and approved by EXIM. Contractor will provide experienced instructors for the courses to be conducted at EXIM headquarters in Washington, DC, or at another mutually agreed location.

Instructors must possess demonstrated experience in the subject matter.

The Contractor understands that in the performance of any of the above listed services (including related services), the Contractor does not have legal authority to bind EXIM to any decisions / contracts / representations; that the Contractor is not a legal agent of EXIM and at all times is serving as a contractor to EXIM; that the Contractor will make known to each and every 3rd party with whom it undertakes to perform services on behalf of EXIM that it is a contractor to EXIM, not an agent, officer or employee of EXIM.

B.9.6 CONTRACTOR RESPONSIBILITIES

B.10.6.1 The contractor is responsible for providing all materials and services (whether by in-house resources or through subcontracts with 3rd party vendors / suppliers) necessary to successfully perform the requirements stated in this PWS and in each task order. NOTE: FAR 52.219-9 Small Business Subcontracting Plan is not applicable to this solicitation; however, the contractor is encouraged to make

RFP Solicitation # 83310122R0003 use of small businesses when subcontractor support is necessary for successful performance, to include foreign businesses comparable to the size standard in the US for that type of business.

B.9.6.2 At all times that the IDIQ contract is in effect, the contractor shall be a member of International Society of Transport Aircraft Trading (ISTAT) and must employ, on a full-time, permanent basis, not less than one (1) ISTAT certified appraiser.

B.9.6.3 The contractor shall maintain a sufficient staff of highly qualified personnel available for immediate response to undertake technical services with respect to aircraft located world-wide. The contractor may meet this standard by entering into subcontractor engagements with qualified professionals available to respond to EXIM requirements within the timeframe specified in this contract.

B.9.7 DELIVERABLES OVERALL

The contractor shall provide EXIM with a technical assessment report, in a form acceptable to EXIM, for each aircraft inspected by the contractor. For scheduled inspections, the contractor shall provide the airline with a copy of the technical assessment report. Inspections must be countersigned by a company employed ISTAT certified appraiser.

B.9.8 QUALITY CONTROL PLAN (QCP) AND CONTROL PROCEDURES

The contractor shall establish and maintain a quality control system in accordance with industry standards.

Contractor shall provide a Process Flow Chart that measures the contractor’s adherence to its Quality Control Plan (QCP), with labor categories identified to meet expected requirements herein. The QCP and Process Flow Chart are required submissions in response to this solicitation.

B.9.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

EXIM will formulate a QASP reflecting the contractor’s approved QCP.

B.9.10 OVERALL IDIQ TASK ORDER DELIVERABLES

The contractor shall provide to EXIM:

(1) The contractor will provide EXIM staff with weekly email updates for each aircraft assigned to the contractor for inspection regarding the aircraft status, location, and any ongoing or pending issues.

(2) Should the contractor request feedback from EXIM, EXIM staff will endeavor to respond to the contractor’s submission within three (3) business days. The contractor will then have two business days to incorporate EXIM staff changes/comments and re-distribute the modified submittal.

(3) At all times that the contractor is performing a task order, the contractor will arrange for a monthly status call with EXIM staff.

Upon EXIM request, the contractor shall provide:

(1) The contractor will provide action item cost estimates.

(2) The contractor will prepare written reports detailing a proposed strategy regarding the recovery, storage, maintenance, insurance, or re-marketing of the EXIM aircraft.

(3) The contractor will prepare a draft RFP for the sale and/or lease of the EXIM aircraft.

RFP Solicitation # 83310122R0003

(4) The contractor will distribute any RFPs for EXIM aircraft by listing them in industry leading publications.

B.9.11 INSURANCE FOR INSPECTIONS

The contractor will at all times maintain commercial insurance in amounts and for risks commensurate with industry practices in the commercial airline inspection industry. The contractor shall require that its insurer provide EXIM a certificate of insurance; to notify EXIM in the event of expiration / cancellation / termination of the policy, and or any substantive changes to the terms of the policy; and to notify EXIM upon presentation of claims against such policy in amounts that would significantly reduce the amount of coverage available in the event of a claim by EXIM.

B.9.12 COOPERATION

The contractor will cooperate with other firms or individuals assisting EXIM or relevant to EXIM’s interest in the aircraft to be inspected, after receiving notice from EXIM.

B.9.13 CONFLICT OF INTEREST

Reference B.9.16.4, Organizational Conflict of Interest (COI).

B.9.14 TRAVEL

Travel shall not be undertaken unless authorized in advance, in writing, by the COR. Prescribed per diem rates shall be used rather than actual expense reimbursement for Meals and Incidental Expenses (M&IE). Reimbursement shall be limited to those non-meal/non-M&IE actual expenses with proper supporting documentation. Travel costs for unscheduled inspections will reimbursed in accordance with the US Government Federal Travel Regulations. Reference the Definitions and Acronyms for Solicitation in Section A, A.1.

B.9.15 KEY PERSONNEL

The contractor’s proposed inspector personnel meeting EXIM’s standards, and accepted by EXIM, are considered to Key Personnel essential to satisfactory contract performance.

Notification: When key personnel resign, are reassigned, or are terminated, the contractor shall notify EXIM in a timely manner and suggest a replacement, following a prescribed replacement process that culminates in prior approval of the contracting officer. The replacement key personnel member shall possess experience and qualifications that are equal to or greater than the person being replaced.

Transition: The contractor shall provide for an orderly and comprehensive transition of knowledge, access, and security from the outgoing key personnel to the incoming key personnel, such that the contractor’s performance of the requirements of the IDIQ contract or task order(s) is not denigrated by the key personnel turn-over. The contractor shall ensure that both physical and virtual access is prevented in all cases.

Replacement Process: A more detailed process may be agreed upon after the contract has been awarded, but, at a minimum, the key personnel turn-over process shall include the following elements:

• timely notification to EXIM of the pending turn-over,

• transition planning coordinated with US Government staff,

• revocation of physical and virtual access granted to the outgoing personnel, RFP Solicitation # 83310122R0003

• retrieve all passes and identification items from any outgoing personnel upon termination of employment or just prior to agreed employment expiration,

• written assessment by the contractor of any experience and education required for the position by the contract and a comparison of how the proposed replacement meets the requirements,

• timely appointment of the incoming key personnel to be approved by the contracting officer, and

• rework of any work product to be delivered to EXIM, without charge to EXIM, when either EXIM or the contractor have reason to believe of deficiencies in the work product due to− o fraud, lack of good faith, or willful misconduct on the part of any contractor personnel;

or o conduct of an employee after management has reasonable grounds to believe an employee is habitually careless or unqualified.

Point of Contact(s): The contractor shall identify to the COR primary and secondary POC(s), and provide the telephone number(s), and emails for necessary communication with the POC(s) assigned for each task order.

B.9.16 SECURITY AND CLEARANCE REQUIREMENTS

Contractor shall ensure that its personnel and subcontractors obtain and maintain the required security clearances / approvals needed to perform any particular task order assignment(s) at the task order level.

B.9.16.1 US Government personnel may be required to escort the contractor personnel to locations in restricted areas. Contractor shall provide notice to the COR immediately upon learning of any such requirement. The inspection schedule may be modified to accommodate this requirement.

B.9.16.2 Pass, and identification items required for performance shall be obtained for contractor personnel and non-Government-furnished vehicles. Procurement of the appropriate passes and identification items are the responsibility of the contractor.

B.9.16.3 Contractor employees are prohibited from possessing weapons, firearms, or ammunition, on themselves or within their contractor owned or privately-owned vehicle while on US Federal Government property.

B.9.16.4 Contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of this contract. Contractor shall implement procedures that ensure appropriate administrative, technical, and physical safeguards are established for the security and confidentiality of US Government information, data, and/or equipment.

The contractor’s procedures with respect to access to / safeguarding / use of government information / records / data shall be consistent with then current US Government law and regulation in general, and the OMB Circular A-130 Management of Federal Information Resources in particular.

In addition, during all activities and operations on government premises, the contractor shall comply with the policies, rules, procedures, and regulations governing the conduct of personnel upon or within government facilities, and or the protection of government information / records / data as are in general effect and or promulgated locally by EXIM, written or oral. All documents and information in contractor’s possession pertaining to government network vulnerabilities, security policy, operational

RFP Solicitation # 83310122R0003 procedures or related functions shall be maintained by the contractor under absolute accountability and relinquished to the COR upon completion of the contract.

• Sensitive Information Storage and Disclosure "Controlled Unclassified Information" (CUI) as the single, categorical designation henceforth throughout the executive branch for all information within the scope of that definition, which includes most information heretofore referred to as "Sensitive But Unclassified" (SBU) in the Information Sharing Environment (ISE), and establishes a corresponding new CUI Framework for designating, marking, safeguarding, and disseminating information designated as CUI.

Contractor access to and or use of Controlled Unclassified Information (CUI) information, records, data, and/or equipment will be allowed only to authorized personnel on a Need-To- Know basis. The contractor shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, records, data, and/or equipment is properly protected. When no longer required, this information, records, data, and/or equipment will be returned to government control;

destroyed; or held until otherwise directed by government authorities. Destruction of items shall be accomplished by tearing into small parts; burning; shredding or any other method that precludes the reconstruction of the material, consistent with 32 C.F.R. § 2002, Executive Order 13556 -- Controlled Unclassified Information, and the US National Archives website here:

https://www.archives.gov/cui

• Protection of Information All information about the Ex-Im Bank networks and/or the security posture of any Ex-Im Bank information asset gathered or created under this contract, is considered CUI information.