STATEMENT OF LEASE CONFORMANCE-FY09.doc

STATEMENT OF LEASE CONFORMANCE

I, attorney for _________________________, have examined the leasing agreement dated ___________for Aircraft Manufacturing Number ____________, Serial Number _________________, by and between __________________________________________, for the period of _____________________________. An examination of the leasing agreement reveals no provision which would permit another air carrier to simultaneously claim CRAF credit for this same aircraft under the terms of this lease. Said leasing agreement provides the following:

(1) The subject aircraft is US registered and is to remain so during the lease;

(2) That _______________________________________ (Offeror) has exclusive control of the aircraft for the entire period of the contract, including the period for the 6-month option;

(Alternative: The lease expires on __________. The offeror has a unilaterally exercisable right to [renew the lease under the terms reflected in this statement for the remaining period of the contract, including the period for the 6-month option][purchase the aircraft], and intends to do so. A statement reflecting that intent is attached.)

(3) That _____________________________________________ (Offeror) may transfer possession of the aircraft to the Government during period of CRAF activation;

(4) That the lessor will accept Government indemnification in lieu of FAA Chapter 443 non-premium insurance during a “CRAF mission” and that, in such a situation, the failure to have FAA Chapter 443 non-premium war risk insurance during “CRAF mission” is not an event of default;

(5) That there is no limitation on the geographic area in which the aircraft can be operated during a CRAF mission, as long as the Government provides FAA Non-Premium 443 war risk insurance or indemnifies the lessor for the aircraft subject to this lease.

(6) That the lessor has no contractual right to default except for typical commercial breach provisions such as bankruptcy, failure to make payments within the prescribed timeframe, failure to maintain insurance, failure to return possession of aircraft by the required date, failure to take delivery of aircraft within prescribed timeframe, and except for other breach provisions described below:

(7) That the leasing agreement includes a provision providing the lessee control of the aircraft in the event of a CRAF activation the entire period of the activation plus up to 6 months thereafter.

Firm _________________________

Name ________________________

Title _________________________

Date of Execution ______________

* NOTE: In lieu of a separate statement for each aircraft lease, an attachment to the statement may be submitted, which lists the aircraft manufacturing number, serial number, agreement date, period of the lease, and the parties to the agreement, provided that the statement clearly and unequivocally applies to each one of the aircraft so listed and is properly executed.

This entire statement including all seven subparagraphs must be executed and is mandatory for all leasing agreements. If the alternative in paragraph 2 of the lease conformance statement is used, a signed copy of the following statement must be included:

“CRAF Mission” is defined as the provision of airlift services under the contract resulting from this solicitation (1) ordered pursuant to authority available because of the activation of CRAF or (2) directed by Commander, Air Mobility Command or his successor for missions substantially similar to or in lieu of those ordered pursuant to formal CRAF activation.

STATEMENT OF OFFEROR REGARDING LEASE RENEWAL/PURCHASE

The lease on aircraft ________expires____________. The offeror has, and intends to exercise on or before the expiration of the current lease, [a unilateral right to renew the lease under its existing terms][a unilateral right to purchase the aircraft].

The offeror recognizes and agrees that failure to [renew the lease on its existing terms on or before expiration][purchase the aircraft on or before expiration of the lease] will constitute contractor failure to maintain control over the aircraft as required by Paragraph 4.1. of the Performance Work Statement.

Official Authorized to Bind Offeror

Date