DRAFT_pws_props_follow-on_rev_f_05_Nov_(2).doc

PROPELLER PBWS

DRAFT REV F

5 NOV 2015

1. SCOPE

1.1. The Naval Air Systems Command (NAVAIR) PMA-226 Contracted Air Services (CAS) program provides Contractor owned and operated propeller aircraft to the Department of the Navy (DoN) Fleet customers for a wide variety of airborne threat simulation capabilities to train shipboard and aircraft squadron weapon systems operators and aircrew. This support is provided in a variety of venues, from basic “schoolhouse” Air Intercept Control (AIC) training to large multinational exercises or small, single unit training exercises, and traffic collision avoidance. Locations include multiple Continental United States (CONUS) and Outside the Continental United States (OCONUS) sites. Aircraft will operate from Government designated or home bases on the East Coast and West Coast. Other customers for CAS under this contract may include other Department of Defense (DoD) agencies and services, non-DoD Government agencies, and Foreign Military Sales (FMS) customers.

2. APPLICABLE DOCUMENTS

· Fleet Exercise Publications (FXP)-2 (2 copies) will be provided upon Award

· FXP-3 (3 copies) will be provided upon Award

· 14 Code of Federal Regulations (CFR) Parts 61 Certification: Pilots, Flight Instructors, And Ground Instructors Electronic Code of Federal Regulations (e-CFR)

· 14 CFR Parts 91 General Operating and Flight Rules, e-CFR 245

· 14 CFR 43 Maintenance, Preventive Maintenance, Rebuilding, and Alteration

· 14 CFR 61.55 Second-In-Command Qualifications

· 14 CFR 61.56 Flight Review

· 14 CFR 61.57 Recent Flight Experience: Pilot-In-Command

· 14 CFR 91.509 Survival Equipment for Overwater Operations

· 14 CFR 135.267 Flight Time Limitations and Rest Requirements

· Advisory Circular AC-2015B

· DD 254 - DoD Form “Contract Security Classification Specification”

· Defense Contract Management Agency (DCMA) Instruction 8210.1

· DoD Instruction 4715.4 Pollution Prevention dtd 06 July 1998

· DoD 5220.22-M National Industrial Security Program Operating Manual (NISPOM) dtd 28 March 2013

· DODD 8500.01 Information Assurance

· NAVAIRINST 13034.1E – NAVAIR Instruction “Flight Clearance Policy for Air Vehicles and Aircraft Systems”

· NAVAIRINST 5000.21B - Naval SYSCOM Risk Management Policy

· NAVAIRSYSCOM Letter 5100/Ser AIR-4.0/026 of 14FEB2011, Incorporation of Revised Cost Threshold for Catastrophic Severity into System Safety Risk Assessments.

· OPNAVINST 3710.7, Naval Air Training and Operating Procedures Standardization

· OPNAVINST 3432.1 National Security Decision Directive

3. GENERAL REQUIREMENTS

3.1. Conflict between Performance Based Work Statement (PBWS) and 14 CFR

For clarity, all references to the Federal Aviation Regulation (FAR) in this PBWS will be by reference to Title 14, CFR and abbreviated with the acronym “14 CFR”. All references to the Federal Acquisition Regulation will be abbreviated with the acronym “FAR”. When the requirements of this PBWS exceed the minimum requirements of 14 CFR, this PBWS takes precedence. Definitions contained in 14 CFR Part 1 apply to all situations and conditions related to flight operations, aircraft maintenance, and flight crew certifications and qualifications, except as noted or defined otherwise herein.

3.2. Quality Control and Quality Assurance

The Contractor and any subcontractor providing services shall provide a quality control program that implements a Quality Control Plan (QCP) that demonstrates a systems approach for managing quality, safety and Contractor compliance with contractual requirements. The Contractor is accountable for all subcontractors and venders. As such, the Contractor shall require all subcontractors and vendors to implement a QCP achieving control of the quality of services and supplies provided by the subcontractor or vendor. The Government may perform any necessary inspections, verifications and evaluations to ascertain the adequacy of the QCP. The Government reserves the right to disapprove the quality system or any portion thereof when it fails to support or ensure Contractor compliance with any or all contractual requirements.

3.3. Management Policy

The Contractor’s management policy and procedures shall ensure that contract execution and quality control is effective and in continuous compliance with all contractual requirements.

3.4. Policy and Procedures

The Contractor’s policies and procedures shall require periodic management review of the quality system to ensure effective development, implementation and execution of processes, systems and requirements for support of and compliance with all contractual requirements.

4. MISSION PLANNING

4.1. Mission Planning and Scheduling occurs at two levels:

a. This contract does not require exclusive use of the aircraft. Scheduling of the aircraft will be in accordance with paragraph C below.

b. Long Range: The Government will conduct semi-annual Program Management Review (PMR) in accordance with paragraph 8.2. Long-range planning covering the next six months will be established at each PMR covering the six month period following the PMR.

c. Weekly Schedule: The Scheduling Officer (SO) will publish a weekly schedule providing the units to support, date, approximate time, scheduled airspace, number of missions, and presentations required. The weekly schedule is updated as required in conjunction with the Fleet scheduling procedures at each designated scheduling office. Flight operations may be scheduled and conducted at any time, 24 hours a day, and seven (7) days a week. However, the normal schedule for flight operations is Monday through Friday, 0600 to 2000 local time. The weekly schedule will identify when operations are required outside of this period or are of longer duration than 14 hours per day. When this weekly schedule is published, the Government will provide the Contractor 24 hours advance notice before assigning additional tasking for aircraft. Additional tasking is defined as a new requirement, not previously scheduled during the scheduling period. During periods of intensive test operations or major exercises, it is not uncommon for flight operations with all aircraft involved to run in excess of 14 hours a day, seven days a week, for multiple weeks. When this type of schedule is anticipated to last in excess of one week, the Government will attempt to notify the Contractor via email or face-to-face during the concept of operations meeting at least 21 days advance notice.

d. Government may have a requirement for a second flight crew in order to meet a mission. In the event the Government has a requirement for a second flight crew, the Government will provide the Contractor at least a 21 day advance notice of the requirement. If the Government has a mission requirement and is unable to provide the 21 day notification the Contractor maintains the right to decline the request.

4.2. Procuring Contracting Officer Authorizations

Flights or any other actions will ONLY be ordered via a DD Form 1155 or by other Procuring Contracting Officer (PCO) written authorization in accordance with Defense Federal Acquisition Regulation (DFAR) clause 252.216-7006 Ordering. The Government will not fund flights or any other action that the Contracting Officer Representative (COR) or SO did not schedule prior to the flight or action.

a. The SO at Fleet Area Control Surveillance Facility (FACSFAC) Virginia Capes (VACAPES), VA, will coordinate the Government’s Navy Fleet and FMS Fleet requirements and schedule all Fleet and FMS Fleet missions for the East Coast.

b. The SO at FACSFAC San Diego, CA will coordinate the Government’s Navy Fleet and FMS Fleet requirements and schedule all Fleet and FMS Fleet missions for the West Coast.

c. The SO at Naval Air Warfare Center Aircraft Division (NAWCAD) 5.1.2 Patuxent River, MD, office will coordinate Special Project aircraft, all other contract flight requirements schedules, and all other missions not scheduled or coordinated by FACSFAC VACAPES or FACSFAC San Diego CA.

4.3. Long Term Scheduled Maintenance Requirements

The Contractor shall coordinate with the SO at each operating site no less than once per month to discuss long term requirements and identify potential aircraft scheduled maintenance. No special scheduling arrangements or considerations will be made to meet the Contractor’s maintenance requirements.

4.4. Daily Mission Debrief

The representing Contractor shall provide on a daily basis when flights are flown or scheduled, a synopsis of flight hours flown, sorties completed, discrepancies reported, communication issues, and a brief summary of operations to the SO at each designated site.

5. DEPLOYMENTS

5.1. General Deployments

When scheduled by the SO, the Contractor shall deploy its aircraft, personnel, and required support equipment to perform at any airfield capable of supporting its aircraft. The Contractor shall plan, schedule, ship, and deploy its personnel and equipment, including all mission essential Government Furnished Property (GFP). At least 21 days prior to deployments, the SO will release a pre-deployment message to the Contractor to ensure coordination of requirements, services and accommodations. Cost for deployed operations are travel, per diem for personnel, and shipping of spare parts and equipment (if required). International fees and taxes will only be allowable if approved in writing in advance by the COR or SO. If aircraft or aircrew substitutions are accomplished at the Contractor's request during a scheduled deployment, transit to and from the deployment base to accomplish the substitution shall be entirely at Contractor expense unless otherwise approved in writing by the SO prior to the substitution. Normally, substitutions of personnel will not be made for periods less than 28 days.

5.2. Contractor Deployment Representative

The Contractor shall identify a Contractor Representative for each deployment. The Contractor Deployment Representative (CDR) at the deployment site shall:

a. Ensure the attendance of pilots at required procedure and mission briefings.

b. Ensure the Contractor’s aircraft launch in sufficient time to arrive at designated stations on time.

c. Coordinate all maintenance, servicing, logistics, crew transportation, Contractor personnel briefings, security clearances, vehicle registrations, equipment and facility custodial functions in support of Contractor operations.

d. Configure and reconfigure Contractor aircraft as directed by the COR or SO.

e. Coordinate the submission of required debriefing materials following each mission.

f. Provide a daily synopsis of flight hours and sorties completed, including a brief summary of operations.

g. Be cognizant of and comply with base safety and emergency procedures.

h. Ensure that aircrews are briefed on airfield and operation area, operation and flight regulations and procedures.

i. Document exercise lessons learned items and provide to the SO at the conclusion of the deployment or upon request. All safety of flight concerns shall be reported immediately, verbally and in writing by electronic means, to the Government Flight Representative (GFR), COR, and SO.

5.3. Released by the Government

When all flights for a particular deployment have been completed, the SO will notify the CDR in writing via electronic means that the deployment is complete. Following this notification, the Contractor Representative shall complete and implement arrangements to return the aircraft, personnel and equipment to the home base.

6. PERSONNEL REQUIREMENTS

6.1. Contractor Personnel

All Contractor personnel shall comply with local laws, policies, and regulations while aboard any military installation. All Contractor personnel working in an operational capacity (e.g., aircrew) or on U.S. or Foreign Government military installations shall be U.S. citizens and shall obtain a Common Access Card (CAC) via the processing of a SF86.

6.2. Contractor Clearances

All Contractor personnel who have access to any classified material shall have the appropriate security clearance. All Contractor aircrews and any other personnel, who in the conduct of their normal work would be aboard the aircraft during a classified mission, shall have Secret security clearances.

6.3. Contractor Representative

The Contractor shall identify a single point of contact for all contract coordination with the SO located at the following locations (No on-site Contractor Representatives are required)

· FACSFAC VACAPES, Virginia Beach, Virginia

· FACSFAC San Diego, California

· NAWCAD 5.1.2, Research Development Test and Evaluation (RDT&E), Patuxent River, Maryland.

The Contractor Representative shall perform the following duties:

a. Provide scheduling support 24 hours per day and seven days per week for all operating and deployment sites. The Contractor shall designate a point of contact for rapid response after duty hours.

b. Provide Contractor flight crews with comprehensive mission information. This shall include all mission particulars in the initial scheduling pre-exercise message (PRE-EX) information provided by the unit receiving services, in addition to voice call information provided by the SO.

c. Be familiar with applicable exercises in the Confidential FXP and Allied Exercise Publication (AXP) series publications; and, in turn, ensures that Contractor flight crews are familiar with these exercises and other required regional operational instructions.

6.4. Aircrew and Non-Crewmembers

The aircrew includes pilots and co-pilots. Non-crewmembers are other mission essential personnel aboard the aircraft during flight. The aircrew shall operate aircraft under the Contract in accordance with the aircraft’s Federal Aviation Administration (FAA) airworthiness certificate and 14 CFR requirements and/or when applicable, the Interim Flight Clearance (IFC). In addition, regardless of the aircraft type, aircrew shall comply with the following requirements

6.4.1. Scheduling

Aircrew flight time limitations and rest requirements shall comply with the provisions of 14 CFR 135.267.

6.4.2. Pilot-in-Command (PIC)

The PIC shall have the final authority to determine whether an aircraft is airworthy, whether to launch or terminate a mission, and to deny boarding to anyone. PIC requirements provided below.

6.4.2.1. Pilot Certificate

The PIC shall hold at least a commercial pilot certificate with appropriate category and class ratings, and if appropriate type rating for the aircraft. The PIC shall have at least 1,200 hours total pilot time, 100 hours night time, and 75 hours of actual or simulated instrument time at least 50 hours of which were in actual flight.

6.4.2.2. Flight Reviews

Prior to flying as PIC, the pilot shall have completed a flight review in the type of aircraft being flown within the preceding 12 months. The flight review shall be conducted in accordance with 14 CFR 61.56.

6.4.2.3. Instrument Proficiency Check

Prior to flying as PIC, the pilot shall have completed an instrument proficiency check in the type of aircraft being flown within the preceding 12 months. The instrument proficiency check shall be conducted in accordance with 14 CFR 61.57(d). If a pilot is qualified in more than one type of aircraft under the Contract, the pilot shall complete an instrument proficiency check in each type aircraft on an alternating 12 month basis. In no case shall a pilot serve as a PIC in an aircraft type that he or she has not conducted an instrument proficiency check within the preceding 24 months. A flight simulator may be used for the instrument proficiency check provided the flight simulator represents the type of aircraft used under the contract and the check is conducted by a training center certified by the FAA.

6.4.2.4. Experience

The PIC shall meet the recent experience requirements of 14 CFR 61.57 regardless of whether or not passengers are carried on the aircraft.

6.4.3. Second-in-Command

Regardless of the type of aircraft, all flights shall have a PIC and Second-in-Command (SIC). The SIC shall hold a commercial pilot certificate and meet the requirements of 14 CFR 61.55.

6.5. Maintenance Personnel

The Contractor’s maintenance personnel will be trained by the Government to accomplish loading and unloading GFE. The Contract shall develop checklist for aircraft maintenance, and pre and post flight operations. Where applicable, and as specified in the facility‘s Memorandum of Understanding (MOU), these individuals shall be Government-certified before performing maintenance operations on military airfields and possess appropriate licenses if applicable. The Contractor shall coordinate with the Government to obtain the qualifications and licenses.

6.6. Special Mission Operators

The Contractor shall provide special mission operators capable of fully operating the equipment identified in this PBWS.

7. MEETINGS AND COMMUNICATIONS

7.1. Post-award Conference

The Contractor shall attend/participate in a post-award Conference with the Government no later than 30 days after contract award at Fleet Readiness Center (FRC) East Cherry Point NC or alternate location as determined by the Government. The post-award conference will cover the topics as set forth in FAR Subpart 42.5.

7.2. Program Management Reviews:

The Government will schedule and conduct semi-annual PMRs with the Contractor with NAVAIR PMA-226 at FRC-East Cherry Point NC, the Contractor’s facility, or location determined by the COR. The Contractor shall attend all program reviews and make a presentation consisting of the following:

a. The Contractor shall provide an agenda to the COR to include specific areas of concerns 10 days prior to per-determined meeting date.

b. The Contractor shall submit an electronic copy read ahead of brief to PMA-226 and COR five (5) working days before scheduled PMR. Brief shall be emailed to pma-226@navy.mil.

c. The Contractor shall provide handouts to all Government personnel attending PMRs documenting the overview of the work accomplished since last PMR. Discussions shall include work completed and projected plan of action for completion of contract effort.

d. Identification and discussion of problems encountered, if any, and action to resolve the problems.

e. All travel associated with PMRs shall be billed to Contract Line Item Number (CLIN) 0X05 (travel). A maximum of three Contractor representatives will be authorized, additional personnel will require COR or SO approval.

7.3. Unscheduled Reviews

The Government may schedule additional PMRs as necessary. The Contractor shall be reimbursed for travel and per-diem expenses, in accordance with CLIN 0X05 (travel), incurred during these additional reviews.

7.4. The Government will be responsible for the acceptance, approval, and implementation of the deliverables identified in this contract per the PBWS.

8. SECURITY

8.1. Intelligence Security

The Government will provide intelligence information necessary to perform the requirements of this contract. The information does not become the property of the Contractor and may be withdrawn at any time. Upon expiration of the contract, the Contractor shall return all intelligence information released and any information derived from the use of the intelligence information to the releasing activity for final disposition.

8.1.1. Intelligence Information

The Contractor shall not release the intelligence information to any activity, employee, agent, or representative of the Contractor’s organization not directly engaged in providing services under this contract or to any other Contractor (including subcontractors), Government agency, private individuals, or organizations without prior written approval of the releasing activity, PMA-226.

8.1.2. Intelligence Information to Foreign Nationals

The Contractor shall not release intelligence information to foreign nationals or immigrant aliens regardless of the level of their security clearance or access authorization without prior written approval from the releasing activity.

8.1.3. Intelligence Information Reproduction

The Contractor shall not reproduce intelligence information without prior written approval of the releasing activity. All intelligence information shall bear a prohibition against reproduction while in the custody of the Contractor.

8.1.4. Records

The Contractor shall maintain records which will permit it to furnish, on demand, the names of individuals who have had access to intelligence material in its custody.

8.2. Physical Security

The Contractor shall be responsible for all physical security aspects of the work performed under this contract, including the security of all aircraft, associated vehicles, and equipment. Additionally, the Contractor shall be responsible for GFP while the GFP is in the Contractor’s possession and shall make provisions for adequate storage of the GFP. Such storage at a Government designated base shall be located in one or more secure structures with a total storage area of approximately 200 square feet and physically located within close proximity of the aircraft. Lesser square footage may be required at other locations unless Government facilities are provided.

8.3. Information Security

The work performed under contract as stated in the DD Form 254 (Attachment X of the contract) will involve Contractor access to SECRET material at a Government facility and handling classified material up to and including SECRET Communications Security (COMSEC) at the Contractor’s facility. The Contractor shall possess a SECRET facility clearance within 90 days after contract award. As a minimum, the Contractor shall possess a SECRET facility clearance at all primary bases of operation at the beginning of contract performance. Within 120 days after award of the contract, or when required by Government tasking, the Contractor shall obtain a full COMSEC account, which will include the Secure Telephone Equipment (STE). STE terminals will be procured by the Contractor for voice and secure FAX (East Coast only) operations. The Government will provide the Secure FORTEZZA cards (CRYPTO) to the Contractor for use in the STEs. The Contractor shall also provide a secure fax machine in accordance with MIL-STD-188-161D for use under this contract.

8.3.1. General Services Administration

The Contractor shall provide General Services Administration (GSA) approved security containers at all locations designated to store classified equipment and/or material including COMSEC Management System (CMS) equipment and codes.

8.3.2. Classified Storage

The Government or another contractor may operate from the Contractor’s facilities or Contractor base location and may require temporary classified storage. When this period of time exceeds one year, the Government will provide an additional security container. The Contractor shall provide space for the placement of the security container within its facility.

8.3.3. Security Program

Although hardware is not expected to be classified except for COMSEC equipment, classified documents and data may have to be transported, generated, or written onboard the aircraft in the normal performance of the contract. The Contractor’s aircrew will be exercising classified aspects of front line aircraft. The Contractor shall be accountable through its security program for safeguarding the classified information.

8.3.4. Telephones

The Contractor shall use STE telephones for classified mission briefings when not required to attend face-to-face briefings. Otherwise, the Contractor shall attend all classified mission briefings face-to-face.

8.4. Visit Requests

The Contractor shall comply with DoD 5220.22-M for clearance for Contractor visits to DoD activities.

8.4.1. Requests for visits shall be forwarded to the COR. FRC-East Cherry Point NC requires prior approval.

8.4.1.1. Marine Corp Air Station (MCAS) Cherry Point NC Security Department:

All persons shall report to the MCAS Cherry Point Security Department located at the main gate for pass issuance. Adequate identification for each person and documentation for each vehicle to be admitted to the base must be presented. Admission to the base may be denied if the above procedures have not been followed, inadequate identification or documentation is presented, or approval has not been received.

8.4.2. Foreign Nationals

Foreign Nationals or U.S. citizens affiliated with a foreign or foreign-owned company must contact the appropriate embassy for clearance through the Chief of Naval Operations (CNO) OP-622. A minimum of two weeks should be allowed for this clearance.

8.5. CACs

The Contractor’s personnel supporting this contract shall obtain contractor Identification (ID) badges, issued by the Government, for on-site contractor personnel. ID badges must be displayed at all times. The Contractor shall furnish all requested information required to facilitate issuance of ID badges and shall conform to all applicable regulations concerning their use and possession. ID media is U.S. Government property and shall be surrendered to the Pass and ID Office upon expiration or termination of employment. The Government will not check out contractor personnel unless all media, including CAC cards, are returned in accordance with instructions identified previously in this paragraph.

9. HOME AND DEPLOYMENT BASING

9.1. The Contractor shall operate aircraft from designated or home bases on the East Coast and West Coast. APPENDIX (1) provides a representative listing of potential operating sites.

9.2. The Contractor may be permanently based at locations of the Contractor’s choosing, but the Government will not reimburse the Contractor for ferry expenses for distances greater than 150 NM from Latitude N36’ 00” and Longitude W75’ 30”. The Contractor’s aircraft shall utilize Defense Logistics Agency (DLA) Government contracted fuel. If the facility the Contractor selects does not have Government fuels contracted, the Contractor shall be reimbursed for fuel only up to the Government contract fuel rate referenced at http://www.energy.dla.mil/DLA_finance_energy/Pages/dlafp03.aspx.

9.3. Hazardous Material. The Contractor shall comply with and participate in the Hazardous Material (HAZMAT) Program at each primary operating site and shall comply with DoD Instruction 4715.4, Pollution Prevention.

9.4. The Contractor shall ferry aircraft as defined in para 9.2 under CLIN 0X02 to deployment sites identified in appendix 1 or when instructed by Delivery Order (DO). The Contractor shall be reimbursed for travel and per diem for ferry missions from the Contractor’s home base to the deployment sites under CLIN 0X05.

9.5. Operations and Maintenance

At the Contractor’s facility (West Coast and East Coast), the Contractor shall provide all equipment and supplies required to support operation and maintenance of the aircraft to meet performance requirements. In addition, the Contractor shall maintain the following:

a. Non-secure full‑time facsimile machine for receipt and transmission of documents.

b. Non-proprietary format internet electronic mail account (such as POP-3 or IMAP) to receive and coordinate mission information, tasking, and general administrative matters.

c. Cell phones as required

d. Secure full‑time facsimile machine for receipt and transmission of classified documents.

10. GOVERNMENT TASKS AND RESPONSIBILITIES

10.1. The Government will provide the web-site address to obtain unclassified service subordinate echelon directives, regulations, and operating instructions specified in this contract, as well as long range operational schedules.

11. INSURANCE REQUIREMENT

11.1. The Contractor shall, at his own expense, procure insurance from a financially and legally responsible insurance company or companies, and maintain such insurance minimum amounts as set forth in paragraph. The Contractor shall certify that it maintains liability insurance in the amount of at least $500,000.00 per event to cover its obligations set forth herein and that the United States is named as an additional insured with respect to said performance with waiver of subrogation.

12. MISSION REQUIREMENTS (CLIN 0X01 and 0X02)

12.1. TYPE I Propeller Aircraft

The Contractor shall provide a minimum of four aircraft for a simultaneous presentation. This minimum includes two (2) aircraft on the East coast and two (2) aircraft on the West coast that meet the performance specifications of APPENDIX (2).

12.1.1. Wiring Schematics and Diagrams

The Contractor shall maintain a complete set of wiring and schematic diagrams covering all equipment installed onboard the aircraft. This information shall be available at the home base, operating sites and available to the Government for inspection and use.

12.2. Missions

The Contractor shall fly missions as defined by the SO and provide engineering services at specified locations per task order. Missions durations will vary but the Government expects 24,240 flight minutes (404 flight hours) for the West Coast and 37,200 flight minutes (620 flight hours) for the East Coast per option year but all events will be ordered by individual DOs. CLIN 0X01 shall be used for special missions requiring a special equipment operator.

12.2.1. The Contractor shall provide services for the following types of missions. Typical profiles will require extended flight and loitering as far as 100 miles off-shore, operating between 500 feet and 15,000 feet Mean Sea Level (MSL) during daylight hours, and between 1,000 feet and 2,000 feet MSL at night. Speed cruise straight and level at 170 knots.

a. Mission Flights under positive control, with the pilot responding to vectors and instructions by Navy controllers as designated by the SO.

b. Mission Flights with indirect control or independent un-vectored flight executed in accordance with a pre-briefed scenario driven presentations.

c. Air Space intrusion: The propeller aircraft will attempt to close on a designated ship in the warning area during an exercise. Thus training radar operators to deal with complicated scenarios where a civilian aircraft violates air space.

d. AIC providing shipboard radar operators training with vectoring aircraft.

e. Whale watch: Aircraft maybe tasked to observe any whales in a warning area prior to the start of an exercise or during an exercise.

f. The Contractor’s aircraft shall provide three (3) hrs loiter time at 5,000 ft MSL on station at IP or flying vectors as briefed by CSG-4.

g. The Contractor’s aircraft shall provide continuous relay of HF or UHF Air Defense Command and Reporting (ADC&R) communications on independent UHF net, and may simultaneously provide Link-16 interference training. The organic interference will not interfere with the aircraft’s ability to navigate or communicate on an independent UHF radio.

h. The Contractor provided Link-16 Trainer shall not generate interference within the FAA’s Identification, Friend or Foe (IFF) spectrum.

i. The Traffic Collision Avoidance System (TCAS) shall provide airborne traffic alert and collision avoidance that interrogates Air Traffic Control (ATC) transponders in nearby aircraft and uses computer processing to identify and display potential and predicted collision threats.

12.3. Public Aircraft Operations Status

The Contractor may be required operate in “Public Aircraft Operations (PAO)” status when performing under this contract and will abide by all FAA “Public Use” notification procedures

12.3.1. If the Contractor’s aircraft has been deemed PAO, the Contractor shall be approved for flight operations IAW Naval Air System Command Instruction (NAVAIRINST) 13034.1E for the mission specific configuration and for each revised configuration thereafter.

12.4. The Contractor shall fly missions as defined by the SO, if missions do NOT require an special mission equipment operator, the flight minutes shall be charged to CLIN 0X02, this includes ferrying the aircraft to and from training location.

12.4.1. When special mission operator accompanies the pilot to and from training location, CLIN 0X02 shall be used until special mission operator commences to operating special equipment.

12.5. Transient Military Aircraft

Transient military aircraft are not subject to landing fees at DoD-controlled airfields. The Contractor shall provide DD2400, 2401, and 2402 for aircraft provided under this contract.

12.6. Flight Approval

The Contractor shall obtain approval from the GFR prior to flying non-crewmembers in accordance with paragraph 14.5.

12.7. Airworthiness Certification

All aircraft used under this contract shall possess a Standard or Restricted FAA airworthiness certificate or as required by the Government an IFC. A copy of the airworthiness certificates shall be available for Government inspection.

12.8. Maintenance Program

Aircraft used in the performance of this contract shall be maintained in accordance with aircraft’s FAA airworthiness certificate and 14 CFR.

12.9. Aeronautical Regulations

The Contractor shall operate aircraft in accordance with 14 CFR, United States Navy (USN), United States Air Force (USAF), and local military flying directives (including foreign Government requirements), as applicable. The Contractor shall comply with DoD requirements for operation of civil aircraft in support of military operations.

12.10. Overwater Operations

Aircraft survival equipment for overwater operations shall meet the requirements of 14 CFR 91.509.

12.11. Accident and Incident Reporting

The Contractor shall be responsible for all accident and incident damage to the aircraft that occurs during operation of the aircraft.

12.12. Additional Contractor Costs

The Contractor shall bear all costs to repair or replace aircraft parts and all additional ferry costs or travel costs that occur as a result of the accident and incident.

12.13. Government Notification

The Contractor shall report all aircraft accidents and incidents to the Government. For aircraft based at or operating from a military base, first contact the local base Commanding Officer, Safety Officer and Operations Officer. The Contractor shall then immediately contact the PMA-226 representative. Do not leave messages. Call until you make contact with a PMA-226 Representative. PMA-226 Incident Reporting Phone Numbers will be provided at award.

12.14. Investigations

The Contractor shall participate in accident and incident investigations conducted by the Government. The Contractor shall have accident and incident response procedures that clearly define the differences between a Government Legal investigation (used to satisfy claims) and a Government Safety investigation (used for accident and incident prevention). Contractor personnel shall provide information and interviews to the Government Safety investigation immediately upon request. The results of medical and toxicological testing shall be provided to the Government Safety investigation board immediately upon request. The toxicological samples shall be provided to the Government legal investigation board immediately upon request.

12.15. Waiver Requests

Each aircraft used in performance of this contract shall comply with its FAA Airworthiness Certificate regardless of whether or not the flight is a conducted as “Public Aircraft Operation”. In the event that the performance requirements of this contract conflict with one or more provisions the aircraft’s FAA airworthiness certificate (operations, maintenance, configuration, usage, etc.), the Contractor shall submit a waiver requesting relief from those contractual provisions. Waiver requests shall be submitted to the PCO and GFR. The Contractor shall not begin flights conducted as “Public Aircraft Operation” that are in conflict with the aircraft’s FAA airworthiness certificate without approval in writing by the PCO. An approved NAVAIR IFC, if issued, fulfills the waiver requirements of this paragraph for the specific aircraft configuration or operation documented in the IFC.

12.16. Aircraft Modifications

All major alterations incorporated before contract award shall have sufficient data to determine that the equipment or provisions for the equipment meet the applicable civil, Original Equipment Manufacturer (OEM), or military standards for the type of aircraft concerned. If this data references FAA regulations as the standard, then provide FAA Form 8110-3 forms signed by FAA Designated Engineering Representatives (DERs) approving that data. Major alterations to aircraft with Restricted and Standard Airworthiness Certificates shall have been certified as airworthy and properly documented using FAA Form 337 signed in blocks 6 (Conformity) and 7 (Return to Service) by persons authorized under 14 CFR 43, and citing FAA Approved Data in block 8. Unless directed otherwise by the Government, the Contractor shall remove any major alteration incorporated before contract award that was not certified as airworthy by an appropriately rated FAA certified mechanic or repair station. Any major aircraft alterations (as defined in 14 CFR) performed after contract award, including alterations directed by the government, shall have been certified as airworthy and properly documented using FAA Form 337 signed in blocks 6 (Conformity) and 7 (Return to Service) by persons authorized under 14 CFR 43, and citing the FAA Approved Data (defined in FAA Order 8900.1) in block 8 and an accompanying aircraft maintenance record entry. This applies to all aspects of the aircraft alteration to include electrical modifications, mechanical modifications, tie-downs, and antennas.

12.17. Restricted and Standard Certificates

For aircraft with Restricted and Standard Certificates, the Contractor shall secure FAA approval for each change to the configuration that is not defined in the aircraft's TYPE Certificate, before the change is used in support of this contract. For each such modification, whether internal or related to the carriage of external stores, the Contractor shall secure and make available for review, valid FAA approved data. It is recognized that some modifications relate to powered systems that the FAA will certify for captive carriage only. In such cases, the Contractor shall not operate the system without having first obtained NAVAIR approval. NAVAIR may perform Electromagnetic Environmental Effects Safety of Flight Testing (E3 SOFT) and other tests before granting that approval.

13. AIRWORTHINESS

13.1. Navy Airworthiness Certification. The NAVAIR intends to issue an IFC to aircraft under this contract. In support of the IFC process, the Contractor shall make available, for Government review, records documenting the airworthiness of the aircraft and aircraft modifications, including Statements of Compliance With Airworthiness Standards FAA form 8110-3, Major Repair and Alteration records (FAA form 337), Flight Manuals and Flight Manual Supplements, Instructions for Continuing Airworthiness, Supplemental Type Certificates, etc. Additionally, in support of the IFC, the Government may subject one or more aircraft, with mission equipment, to an Electromagnetic Environmental Effects Safety of Flight Test (E3 SOFT); in this event, the Government will notify the Contractor to schedule a mutually convenient location and date for the E3 SOFT. The Contractor shall submit the Airworthiness-Related Commercial Aircraft Derivative Substantiation Data supporting the IFC process in accordance with Contract Deliverable Requirements List (CDRL) A001

13.1.1. The contractor shall support the IFC review and approval processes to include attending meetings and submission of additional data/documentation as requested by the Class Desk, 4.0P, and/or Technical Area Experts (TAE).

14. GOVERNMENT OVERSIGHT

14.1. Ground and Flight Operations. The Contractor shall submit the Ground Flight Operations Procedures (GOPs) and Flight Operations Procedures (FOPs) to the Government. The Contractor shall update and execute specific written procedures to address all GOPs and FOPs items. The GFR will act as the “Administrator” and will review and approve the Contractor’s procedures as they relate to 14 CFR Part 91 requirements under this contract. The term “certificate holder” as used in 14 CFR Part 91 shall be replaced with “Contractor” for the purposes of this contract. The Contractor shall not begin flight operations until the procedures have been approved in writing by the GFR. The Contractor shall be responsible for writing, implementing, and enforcing their procedures and for identifying and correcting deficiencies. The procedures shall describe aircraft ground and flight operations at all operating facilities. DCMA Instruction 8210.1 Chapter 3 shall be used as guidance in developing the written procedures. If the Contractor references existing company procedures, operating instructions, etc., in these procedures, the referenced documents shall be made readily available for review and become part of the GFR approval process.

14.2. The GFR or his designated representative may perform a biannual inspection of the Contractor’s operations. The purpose of these inspections is to evaluate the effectiveness of the Contractor’s GOPs/FOPs and their compliance with those procedures. If the Contractor is not operating in accordance with GFR approved GOPs and FOPs procedures, the government reserves the right to suspend Contractor operations under the contract.

14.3. A GFR or his/her designated representative will perform periodic inspections of the Contractor’s operations. The purpose of these inspections is to evaluate the Contractor’s compliance with Contract requirements related to aircraft operations, including compliance with 14 CFR. This will be applicable to the prime Contractor and any subcontractors operating in support of the contract. The Contractor is responsible for identifying and correcting deficiencies in subcontractor operations.

14.3.1. GFR Review

The Contractor shall make available to the GFR for review the following

a. Pilot records, including pilot certificates, logbooks, effective date and class of medical certificates, the date and results of the last flight review and instrument proficiency check, and any other pertinent information to determine compliance with the Contract requirements.

b. Aircraft maintenance records.

14.4. FAA Inspection and Review

The Contractor shall notify the PCO and GFR of, and make available for review, the results of any FAA inspection or review of the Contractor’s operations or any action taken by the FAA against the Contractor. The notification shall be within 30 days of the Contractor’s receipt of such documents.

14.5. Non-crewmembers

Carriage of passengers is prohibited. Persons, other than aircrew, who are essential to the operation of the aircraft in-flight or to the accomplishment of the overall mission, are considered non-crewmembers. Non-crewmembers require the approval of the GFR. Contractor employees, who are acting as non-crewmembers (e.g., aircraft maintainers and other ground support personnel, aircrew evaluators or examiners, etc.) do not require separate GFR approval.

15. TYPE I FIXED RATE WORK TASKS

15.1. Fuel

This is a “dry” contract. The Government will provide access to fuel at U.S. Government bases and civil fields. U.S. Government contract fuel is available worldwide for the Contractor’s use during contract performance.

15.2. Fuel Cards

The Government will provide appropriate fuel cards for each of the Contractor’s aircraft. The Contractor shall not use any Government provided fuel for any flights other than those scheduled under this contract. Any Government provided fuel used for maintenance test flights, maintenance ground turns, and training flights must be reimbursed to the Government.

15.3. Fuel Card Training

All card users (pilots, flight commanders, aircraft commanders, and crew chiefs) shall:

a. Complete the Card User Certification Course located at https://www.navsup.navy.mil/ccpmd/air_card/training.

b. Complete the Online Certification and renew every two years.

c. Print the Certificate of Completion and fax a copy to the fuel card Program Manager (PM) and Acquisition Project Coordinator (APC) to be kept on file.

d. Sign a Card User Statement of Understanding (SOU) located at: https://www.navsup.navy.mil/ccpmd/air_card/training.

The Contractor shall track all fuel consumption and provide fuel receipts, flight logs and a Fuel Report to the Government in accordance with CDRL A002.

16. SYSTEM ADVANCED TECHNOLOGY AND MODIFICATIONS (CLIN 0X03)

16.1. The Contractor shall be required to provide basic research, exploratory development, or advanced technology capabilities. These capabilities will include but not limited to advance radar, electronic warfare, and/or alternate type model series aircraft. The Contractor shall require approval from the COR to charge to CLIN 0X03.

16.1.1. The Government will request a proposal from the Contractor for US Navy required aircraft or aircraft system modifications. The Contractor shall provide a proposal which addresses the non-recurring engineering task to obtain certification and incorporate the modification to the aircraft or aircraft systems.

16.2. The Contractor shall provide engineering, manufacturing and materials to perform modifications required for installations to support event specific payload requirements of Government Furnished Equipment (GFE) and/or Contractor Furnished Equipment (CFE). The Contractor shall acquire the materials needed to manufacture items such as cables/harnesses and procure materials as required for installation of GFE.

16.3. The Contractor shall use this CLIN 0X03 for support of current and future threat modifications and future requirements.

17. CONTRACTOR/GOVERNMENT FURNISHED EQUIPMENT

17.1. GFE and/or CFE shall be determined by the training requirements as identified in this PBWS.

17.2. The Contractor shall document all configuration changes in accordance with contractor’s processes, procedures, and references provided below.

17.3. All GFE/CFE shall be recorded in a Microsoft 2010© compatible Software (SW) with the following information provided to the Government after completion of each event.

17.4. All GFE management should include the following information:

· Name/signature of Contractor responsible for receiving GFE

· Name/signature of Government agency responsible for accepting the return of GFE

· Nomenclature, part number, description, model number and National Stock Number (NSN)

· Quantity/unit of measure

· Unit cost

· Unique-Item Identifier (UID) or equivalent

· Statement as to whether property is to be furnished “as-is” and conditions and instructions for physical inspections

17.5. All GFE shipment’s shall include a DD 1149 form or commercial standard shipping document and be shipped by traceable means.

18. CONTRACT STATUS

The Contractor shall track flight minutes and all costs associated with each CLIN. The Contractor shall submit the Monthly Status Report in accordance with CDRL A003.

18.1. Contractor Labor Hour Reporting

The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the NAVAIR via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: https://doncmra.nmci.navy.mil. Reporting inputs will be for the labor executed during the period of performance during each Government Fiscal Year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

19. ADMINISTRATIVE /TECHNICAL DATA (CLIN 0X04)

The Contractor shall submit administrative/technical data in accordance with the CDRL, DD Form 1423, Exhibit A001 – A003, of this contract

20. TRAVEL AND MATERIALS (CLIN 0X05)

20.1. Travel

The Government will reimburse the Contractor for allowable travel costs incurred by the Contractor in performance of the contract in accordance with NAVAIR clause 5252.232-9509, and FAR Part 31.2. Prior to travel, the COR or SO must approve all travel requests and per diem reimbursements. Examples of authorized Temporary Duty (TDY) include attending training required by the Government and participating in exercises that require an overnight stay away from home base. Any costs incurred in excess of the specific delivery order Travel CLIN limitation, must be approved by the COR prior to incurring them. Travel and per diem costs incurred in the replacement or relocation of personnel will not be reimbursed when such replacement or relocation is for the Contractor’s or employee’s convenience.

a. If authorized by the COR or SO, the Contractor will be paid on the basis of actual amount paid to the extent that such travel is necessary for the performance of services as scheduled by the COR or SO. In no event will such payments exceed the rates of common carriers without additional COR written approval. If only higher classes of service are available, the Contractor shall obtain written approval from the COR or SO, prior to commencing travel.

b. If the Government has canceled a requirement or the Contractor has been released early, and the Contractor has been required to pay in advance for lodging, airfare, and is unable to obtain reimbursement from the hotel, airline, or rental car company, such reimbursement of otherwise allowable expenses will be allowed with COR or SO approval. The Contractor must provide documentation from the company that cites refusal to refund the deposits or prepayment.

c. Unless otherwise approved by the PCO, the Government will not reimburse the Contractor for per diem and travel expenses of maintenance personnel.

20.1.1. The Contractor shall provide all transportation, lodging, meals and logistics support for personnel supporting this contract.

20.1.2. The Contractor shall ensure lodging, per-diem, flight reservation, travel to and from the training site, and any other costs not mentioned, are in compliance with the U.S. Joint Travel Federal Regulations.

20.2. Material

Material provided under this line item is over and above that material prices in the fixed flight time unit provide as…