ESBD_454972_1758651582866_02. Statement of Work.pdf

STATEMENT OF WORK

TxDOT 905-14-38

REVISED: OCTOBER 2024*

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TEXAS DEPARTMENT OF TRANSPORTATION

LICENSED COMMERCIAL FIRST OFFICER SERVICES

PUBLICATION

This Statement of Work (SOW) is a product of the Texas Department of Transportation (TxDOT). This SOW may not be sold for profit or monetary gain. If this SOW is altered in any way, the header, and all references to TxDOT must be removed. TxDOT does not assume nor accept any liability when this SOW is used in the procurement process by any other entity.

1. SCOPE: This statement of work is for services to provide licensed commercial first officers (hereafter referred to as "co-pilots") for TxDOT's Aviation Flight Services.

The co-pilot is second-in-command of the aircraft, to the Captain who is the legal commander. In the event of incapacitation of the Captain, the co-pilot will assume command of the aircraft.

2. DEFINITIONS OF TERMS AND ACRONYMS:

2.1. CFR – Code of Federal Regulations

2.2. DPS – Department of Public Safety

2.3. FAA – Federal Aviation Administration

2.4. FAR – Federal Aviation Regulation

2.5. HIGH PRIORITY FLIGHT – Flight for the Governor and all other elected officials including, but not limited to the Lt. Governor, Comptroller, Attorney General, Senators, and House Representatives.

2.6. KAUS – Austin Bergstrom Airport

2.7. STANDARDS OF PERFORMANCE – The factors that an instructor pilot or check pilot takes into account in deciding whether or not a flight maneuver or operation has been acceptably performed, as defined in TxDOT Flight Operations Manual Para. 1.10. when piloting TxDOT aircraft.

2.8. USC – United States Code

3. APPLICABLE LAWS AND STANDARDS: The vendor must provide the specified service requirements in accordance with all federal, state, and local applicable laws, standards, and regulations necessary to perform the services, including, but not limited to:

3.1. 14 CFR, Parts 1, 61, 63, 67, 91 and all applicable FARs.

*This supersedes SOW TXDOT 905-14-38 REVISED: JUNE 2023

REVISED: OCTOBER 2024

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3.2. 49 CFR, Subtitle A - Office of the Secretary of Transportation.

3.3. Federal Aviation Act of 1958 (49 U.S.C. Section §1422, latest version).

3.4. Texas Government Code, Title 10, Subtitle E, Chapter 2205.032

3.5. TxDOT Flight Operations Manual (For copies of the manual, contact the purchaser listed on the Invitation for Bid).

3.6. Applicable aircraft pilot operating handbook, Minimum Equipment List (MEL), Master Minimum Equipment List (MMEL) and related operating specification documents.

4. BACKGROUND: Texas Government Code, Title 10, Subtitle E, Chapter 2205.032 states TxDOT will provide safe, efficient, and cost-effective transportation of state employees, officials, and others as designated in support of official state business.

This statue provides that the agency “develop a long-range plan for its pool of aircraft.” The statute stipulates the agency will provide “aircraft transportation” to:

4.1. State officers and employees traveling on official business.

4.2. Persons in the care of custody of state officials or employees.

4.3. Persons whose transportation furthers official state business.

Based on this mandate, the Flight Services Section conducts flight operations in the context of providing a “Business Tool” for the state with a focus to enhance time management and to eliminate lost productivity due to travel.

5. CURRENT ENVIRONMENT: TxDOT Flight Services policy requires two pilots on each flight. There are instances when two or more flights are scheduled concurrently and in order to stay in compliance with the TxDOT Flight Services policy, TxDOT must utilize contracted co-pilot services.

5.1. All flights originate and terminate in Austin (KAUS). The large majority of flights are one day trips and are passenger generated. Co-pilots may be required to fly emergency flights associated with disaster relief.

5.2. Co-pilots are selected on a rotating basis and are given, in most cases, a 24-hour notification of need to report for duty.

NOTE: TxDOT reserves the right to give less than 24-hour notice. If co-pilot is not available, the next co-pilot in the rotation will be contacted.

5.3. TxDOT's fleet consists of four Phenom 100EV's which are high performance, multi-engine, turbo-fan driven aircraft.

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6. RESPONDENT QUALIFICATIONS: The respondent must:

6.1. Be a company or an individual engaged in the business of providing commercial piloting services for a minimum of three years within the last five years. Recent start-up businesses do not meet the requirements of this solicitation.

NOTE: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has that history or expertise. Two companies are affiliated if the two companies have a common parent company or if one is the parent or subsidiary of the other.

6.2. Be in good financial standing and current in payment of all taxes and fees such as state franchise fees. TxDOT reserves the right to request a copy of the respondent's audited or un-audited financial statement.

TxDOT may request a statement from the president, owner or financial officer on company letterhead certifying that the company is in good financial standing and current in payment of all taxes and fees.

When financial statements are requested, TxDOT will review the respondent's audited or un-audited financial statement in accordance with Texas Government Code, Title 10, Subtitle D, Section 2156.007 to evaluate the sufficiency of the respondent's financial resources and ability to perform the contract or provide the service required in the solicitation. TxDOT will be the sole judge in determining the sufficiency of the respondent's financial resources and ability to provide the service. Factors to be reviewed include:

6.2.1. Balance sheets

6.2.2. Net working capital

6.2.3. Current asset ratio

6.2.4. Liquidity ratio

6.2.5. Auditor(s) notes

6.2.6. Any notes to the financial statements

7. RESPONDENT REFERENCES: The respondent should submit a minimum of three references to substantiate the qualifications and experience requirements for similar services completed within the last 24 months. References must illustrate respondent's ability to provide the services outlined in the SOW. References must include name, point of contact, telephone number and dates services were performed. The response may be disqualified if TxDOT is unable to verify qualification and experience requirements from the respondent's references. The response may be disqualified if TxDOT receives negative responses. TxDOT will

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8. VENDOR REQUIREMENTS: The vendor must:

8.1. Adhere to the TxDOT Terms and Conditions identified on the solicitation.

8.2. Provide co-pilots that meet requirements of the specified services throughout the term of the purchase order (Ref. Para. 9.).

8.3. BACKGROUND CHECK: Conduct statewide DPS, Texas and out-of-state county courthouse verification of criminal and sex offender background checks on all vendor's permanent and temporary personnel scheduled to work on TxDOT projects prior to beginning service start-up. Upon award, supporting documentation confirming the completion of these comprehensive background checks may be subject to review upon request by TxDOT or the TxDOT designee, or both, prior to beginning the service.

Failure to produce the requested documentation may be cause for cancellation of the purchase order. The background checks must include, but not be limited to, the following:

8.3.1. Social Security Number verification.

8.3.2. Statewide criminal and sex offender records for all Texas counties and out-of-state counties based on the current and previous addresses of the applicant for the last seven years.

8.3.3. Personnel with a misdemeanor conviction of any type except the lowest classified level of misdemeanor within the last ten years must be disqualified. Personnel with any felony conviction at any time must be disqualified.

8.3.4. Additional background checks will be at the discretion of the Flight Services Director and/or Chief Pilot.

9. CO-PILOT REQUIREMENTS:

9.1. Be or provide a co-pilot with a minimum of 1,500 flight hours experience and possess a minimum of the following FAA issued certificates and ratings:

9.1.1. Commercial Pilot Certificate Airplane.

9.1.2. Instrument Rating.

9.1.3. Airplane Multi-Engine (Land), Rating.

9.1.4. Current FAA Class II Medical Certificate.

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9.1.5. The 1,500 minimum flight hours may be reduced cumulatively by:

9.1.5.1. 250 hours if received and completed training from a Part 141 flight school.

9.1.5.2. 250 hours if graduate of a Part 142 turbine aircraft program.

9.1.5.3. 1 hour for every 1 hour in Phenom or Phenom equivalent aircraft.

9.1.5.4. 100 hours for a bachelor’s degree.

9.1.5.5. 50 hours for an associate’s degree.

9.2. Be or provide a co-pilot that has successfully passed a Texas DPS background check and an FAA accident, incident and violation background check.

NOTE: All former military members must present a copy of their DD-214 form. Discharge must be categorized as "Honorable."

9.3. Successfully complete a board credential interview and pass an evaluation flight with a TxDOT evaluator pilot in a Phenom 100EV prior to being released for revenue operations. At a minimum, this will include a right seat take-off, instrument approach, and a right seat landing. The co-pilot will be evaluated during flight (from the co-pilot position) of the Phenom 100EV.

9.4. Maintain 90-day aircraft currency (three takeoffs and three landings) per FAR§ 61.57, recent flight experience: Pilot In Command.

9.5. Take a required orientation session class for the Flight Operations Manual which lasts a minimum of two hours and instructs the following:

9.5.1. TxDOT Administrative process.

9.5.2. Flight Operations Manual (FOM), in brief.

9.5.3. Proper attire.

9.5.4. The mission of the Aviation Division.

9.5.5. Invoicing procedures

9.6. Take a required aircraft orientation on the ramp which lasts a minimum of one hour and instructs the following:

9.6.1. Familiarize the co-pilots with the Phenom 100EV aircraft.

9.6.2. Proper techniques for opening and securing the Phenom 100EV passenger door.

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9.6.3. Escorting the passengers to the aircraft.

9.6.4. Ramp safety and procedures.

9.6.5. Other pertinent information.

9.7. Attend a two-day comprehensive ground school focusing on Phenom systems and limitations, Garmin Navigation Equipment, IPAD utilization, aircraft safety and orientation, TxDOT Flight Operations Manual review, and TxDOT ground, scheduling, and administration procedures after successfully completing all the above pre-requisites to be able to grasp the complexity of the Phenom 100EV and perform quickly in a high-performance, high-stress environment.

NOTE: Co-pilot will not be paid for time spent for orientation, evaluation flight, or ground school.

9.8. Payment will begin upon first scheduled flight. Purchase order will be canceled if orientation, evaluation flight, or ground school are not completed to the satisfaction of TxDOT requirements.

10. SERVICE REQUIREMENTS: The vendor must ensure co-pilot(s):

10.1. Report one hour prior to the scheduled departure and two hours prior to high priority flights.

10.2. Wear a uniform as prescribed by TxDOT Flight Operations Manual Para. 1.4.

10.3. Utilize professional and proper radio skill procedures during two-way radio communications.

10.4. Be responsible to the aircraft Captain.

10.4.1. Utilize an Aircraft Manufacturer approved cockpit checklist to enhance cockpit standardization, in accordance with TxDOT Flight Operations Manual Para. 4.7.

10.4.2. Execute pre-flight planning activities as directed by the aircraft Captain. Procedures prior to each flight must include:

10.4.2.1. Flight Planning

10.4.2.2. Preflight Briefing

10.4.2.3. Flight Crew Briefing

10.4.2.4. Passenger Briefing

10.4.3. Loading or Unloading Passengers

10.5. Perform according to the Standards of Performance (Ref. Para. 2.6.).

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11. VENDOR PERFORMANCE: Vendor performance will be monitored on a regular basis by TxDOT.

11.1. An unsatisfactory performance determination includes, but is not limited to:

11.1.1. Failure to report on time as noted in Para. 10.1.

11.1.2. Failure to observe dress code. (Ref. Para. 10.2.).

11.1.3. Failure to utilize professional and proper radio skill procedures during two-way radio communications (Ref. Para. 10.3.).

11.1.4. Failure to utilize checklists. (Ref. Para. 10.4.1.).

11.1.5. Failure to assist the Captain with aircraft pre-flight procedures, weather briefings and obtaining air traffic control clearance (Ref.

Para. 10.4.2.).

11.1.6. Failure to meet minimum acceptable Standards of Performance.

(Ref. Para.10.5.).

NOTE: Unsatisfactory performance may result in a negative vendor performance report, or cancellation of the purchase order or both.

11.2. An exceptional performance determination includes, but is not limited to:

11.2.1. Vendor commended for providing above-and-beyond customer service.

12. VENDOR PERSONNEL SAFETY: The vendor must provide all required safety equipment and instruct personnel to observe all safety policies, rules and requirements at all times.

13. WORK HOURS:

13.1. Work hours for performance of the service are defined by Chapters 1 and 4 of the TxDOT Flight Operations Manual pertaining to Crew Rest and Duty Day/Time Limitations (Ref. Para. 3.5.)

13.2. Work hours will be based on flight scheduling and TxDOT requirements and be determined by the designated TxDOT representative.

14. CANCELLATION OF FLIGHT: In the event that a scheduled flight is cancelled, TxDOT Aviation Division's Flight Operations will immediately contact the co-pilot and notify him or her of the cancellation. Reimbursement for services will only be paid if the flight is cancelled after 5:00 PM Central Time on the day prior to the flight.

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15. SUBCONTRACTING:

15.1. Subcontractors providing service under the purchase order must meet the same service requirements and provide the same quality of service required of the primary vendor.

15.2. No subcontract under the purchase order must relieve the primary vendor of responsibility for the services.

15.3. The vendor must be the only contact for TxDOT and subcontractor(s).

15.4. The vendor must manage all quality and performance, project management, and schedules for subcontractors. The vendor must be held solely responsible and accountable for the completion of all work for which the vendor has subcontracted.

15.5. TxDOT retains the right to check subcontractor's background and decide to approve or reject the use of submitted subcontractor(s). Any negative responses may result in disqualification of the subcontractor.

15.6. TxDOT reserves the right to request the removal of vendor's subcontractor staff deemed unsatisfactory by TxDOT.

15.7. Subcontracting must be at the vendor's expense.

15.8. During the term of the purchase order, if the vendor determines a need for a subcontractor change, TxDOT must be notified in writing by the vendor within seven calendar days of any proposed change. The vendor must be required to provide references and work history for any proposed subcontractor to TxDOT. No change will be allowed without written authorization by TxDOT.

15.9. SOLICITATIONS OVER $100,000: TxDOT will make an initial determination of whether subcontracting is probable. If TxDOT has determined that subcontracting opportunities are probable, the class and items in which HUBs may be registered will be noted in the solicitation along with the required forms and instructions. Responses that do not include a completed HUB Subcontracting Plan as indicated on the solicitation must be rejected pursuant to Texas Government Code §2161.252(8).

16. TRAVEL: All travel and per diem must be pre-approved in writing by the designated TxDOT representative. If approved, expenses will be reimbursed as follows:

16.1. Reimbursable travel expenses include: Personal vehicle mileage, commercial transportation, lodging, parking and meals.

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16.2. In-state reimbursement for lodging will be the listed rate on the following website for the specific location and month:

https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php

16.3. The maximum meal reimbursement for in-state travel is $68 per day.

Travelers may substitute all or a portion of the $68 per day meal allowance to increase the amount paid for lodging.

16.4. Meals for non-overnight travel may be reimbursed up to $36 for the actual cost of meals if the travel period is greater than six hours and the travel is to a location outside the district in which the vendor's primary work location is located.

NOTE: The Internal Revenue Service has ruled that the meal reimbursements related to non-overnight travel are taxable as additional income. Taxes must be withheld at a rate of 25% of the reimbursement amount. The vendor must be responsible for withholding this tax.

16.5. Out-of-state reimbursement will be at current legislated rates and comply with the current state travel laws and rules. Guidelines are available at:

https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php

16.6. Travel expenses must be clearly detailed, and receipts attached to the email sent to the designated TxDOT representative.

NOTE: TxDOT will not reimburse tips, gratuities, or alcoholic beverages.

17. ADDITIONAL INVOICING INSTRUCTIONS: The vendor must:

17.1. Invoice in accordance with Paragraph 4.04 of the Terms and Conditions attached and include the additional information listed below:

17.1.1. Date and time of service.

17.1.2. Location of service.

17.1.3. Co-pilot's name with hours totaled.

17.1.4. Labor hours and rates detailed on each vendor invoice.

NOTE: Partial hours will be paid by rounding to the nearest half-hour as shown below:

Less than 15 minutes – round to zero hours.

15 minutes to 45 minutes (inclusive) – round to 1/2 hour.

Greater than 45 minutes – round to 1 hour.

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17.2. Documentation validating the invoice charges must be emailed to the designated TxDOT representative and include, but not be limited to:

17.2.1. Proof of payment from subcontractors or other entities which requires reimbursement from TxDOT contract.

17.2.2. An itemized list of hours worked by the First Officer must accompany each invoice. Hours will be approved daily by the designated TxDOT representative.

17.2.3. Receipts for travel expenses as approved by TxDOT.

18. TxDOT RESPONSIBILITIES: TxDOT will:

18.1. Provide a contract manager as the point of contact.

18.2. Schedule all flights and coordinate with available co-pilots.

18.2.1. Contact the co-pilot via a “rotating list”.

18.2.2. Reserve the right to rotate co-pilots as needed.

18.2.3. Select co-pilots based on factors, including but not limited to:

experience, availability, familiarity with aircraft, prior assignments, level of success, and satisfaction of service provided.

18.2.4. Contact co-pilot as soon as a flight has been identified and the requirements are determined. Some flights are scheduled as much as one week in advance; however, most are identified with less than 24 hours' notice.

18.2.5. Maintain the list of approved co-pilots in the TxDOT Aviation Division's Flight Services.

18.3. Track flights and flight hours of all contracted co-pilots.

18.4. Make hotel reservations on all overnight trips, if required.

19. CONTRACT ADMINISTRATION: Administration of the purchase order is the responsibility of TxDOT. TxDOT Procurement Division staff will be responsible for administering the contractual business relationship with the vendor.

19.1. Any proposed changes to work to be performed, whether initiated by TxDOT or the vendor, must receive final written approval in the form of a Purchase Order Change Notice signed by the authorized TxDOT purchasing agent.

19.2. Upon issuance of purchase order, TxDOT will designate an individual to serve as the Contract Manager and point of contact between the agency and the vendor. The Contract Manager does not have any express or implied authority to vary the terms of the purchase order, amend the purchase order in any way or waive strict performance of the terms or

11 – 11 conditions of the purchase order. This individual's contract management and contract administration responsibilities include, but are not limited to:

19.2.1. Monitoring the vendor's progress and performance and ensuring services conform to established SOW requirements.

19.2.2. Managing the financial aspects of the contract including approval of payments.

19.2.3. Meeting with the vendor as needed to review progress, discuss problems and consider necessary action.

19.2.4. Identifying a breach of contract by assessing the difference between contract performance and non-performance.

19.2.5. Other areas as identified by the Comptroller of Public Accounts Contract Management Guide, latest edition.