Propellers_PBWS_FINAL_25_May_17.docx

CONTRACTED AIR SERVICES PROPELLER AIRCRAFT

PERFORMANCE BASED WORK STATEMENT

ATTACHMENT 1

MARCH 2017

1. SCOPE

Naval Air Systems Command (NAVAIR) PMA-226 Contracted Air Services (CAS) provides Contractor owned and Contractor 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 bases or contractor locations 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

a. Confidential Fleet Exercise Publications (FXP)-2 (2 copies) will be provided upon Award

b. Confidential FXP-3 (3 copies) will be provided upon Award

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

d. Title 14 CFR Parts 91 General Operating and Flight Rules, e-CFR 245

e. Title 14 CFR 43 Maintenance, Preventive Maintenance, Rebuilding, and Alteration

f. Title 14 CFR 61.55 Second-In-Command Qualifications

g. Title 14 CFR 61.56 Flight Review

h. Title 14 CFR 61.57 Recent Flight Experience: Pilot-In-Command

i. Title 14 CFR 61.58 Pilot-in Command Proficiency Check

j. Title 14 CFR 91.509 Survival Equipment for Overwater Operations

k. Title 14 CFR 135.267 Flight Time Limitations and Rest Requirements

l. Advisory Circular AC-00-1.1A-Public Aircraft Operations

m. DD 254 - DoD Form “Contract Security Classification Specification”

n. Defense Contract Management Agency (DCMA) Instruction 8210.1C – Contractor’s Flight and Ground Operation

o. DoD Instruction 4715.4 Pollution Prevention

p. DoD 5220.22-M National Industrial Security Program Operating Manual (NISPOM)

q. DoD Instruction 8500.01 Cybersecurity

r. MIL-STD-188/161D – Interoperability and Performance Standards for Digital Facsimile Equipment

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

t. NAVAIRINST 5000.21B - Naval SYSCOM Risk Management Policy

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

v. CNAF M-3710.7 NATOPS General Flight and Operating Instructions Manual w.OPNAVINST 3432.1 National Security Decision Directive

x. FAR 52.245-1 Government Property

y. DFARs 252.245-7002 Reporting Loss of Government Property

z. DoD 5205.02-M, DoD Operations Security (OPSEC) Program Manual

3. GENERAL REQUIREMENTS

3.1. Conflict between Performance Based Work Statement (PBWS) and Title 14 CFR For clarity, all references to the Federal Aviation Regulation 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 Title14 CFR Part 1 apply to all situations and conditions related to flight operations, aircraft maintenance, flight crew certifications and qualifications.

3.2. Quality Control and Quality Assurance

The Contractor and any subcontractor providing services shall establish and maintain 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 vendors. 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 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.

3.5. Insurance Requirement

a. The Contractor shall, at its own expense, provide and maintain during the entire performance period of this contract the following types of insurance in accordance with FAR clause 52.228-5, “Insurance Work on a Government Installation.”

b. The Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained within 30 days after contract award.

c. The Contractor shall insert FAR clause 52.228-5 in subcontracts under this contract that require work on a Government installation. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

4. MISSION PLANNING

4.1. Mission Planning and Scheduling:

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

b. Future Mission Planning: The contractor shall support the government in an annual Program Management Reviews (PMRs) in accordance with paragraph 6.2.

c. Weekly Scheduling: The government Scheduling Officer (SO) will publish a weekly schedule providing the units the Contractor is required to support, as well as the 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. The normal schedule for flight operations is Monday through Friday, 0600 to 2000 local time; however, flight operations may be scheduled and conducted at any time, 24 hours a day, seven (7) days a week. The weekly schedule will identify when operations are required outside of the normal schedule or are of a duration than greater than14 hours per day. After the 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 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 in advance of the operation or exercise.

d. Due to normal crew day limitations, the Contactor may be required to provide additional flight crew in order to meet extended day presentation requirements. In the event the mission requires additional flight crew, the Government will provide notice to the Contractor at least 21 days in advance of the requirement. If the Government has a mission requirement and is unable to provide the 21 day advance notification, the Contractor retains the right to decline the request.

4.2. Contracting Officer Authorizations

Flights or any other actions will ONLY be ordered via a DD Form 1155 - Order for Supplies or Services or by other Procuring Contracting Officer (PCO) written authorization in accordance with Defense Federal Acquisition Regulation Supplement (DFARs) 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 PMA-226 Patuxent River, MD, office will coordinate Special Project aircraft, and all other contract flight requirements schedules, and 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 Contractor, on a daily basis, shall provide information concerning flights scheduled or unscheduled, with 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. This can be in the form of a verbal “stand up”.

4.5. Mission Deployments

When scheduled by the SO, and approved by the COR, the Contractor shall deploy its aircraft, personnel, and required support equipment to perform the mission.

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. The Contractor shall ensure coordination of requirements, services and accommodations. Costs associated for deployed operations include travel, per diem for personnel, and shipping of spare parts and equipment (if required). International fees and taxes will be allowable with written advance approval 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.

4.6. Contractor Deployment Representative (CDR):

The Contractor shall identify a CDR for each deployment. The CDR at the deployment site shall:

a. Ensure the attendance of pilots at the 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 verbal synopsis of flight hours and sorties pre and post mission to the exercise coordinators. This will also include a brief summary of operations.

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

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

i. Provide verbal exercise lessons learned items and provide to the SO at the conclusion of the deployment or upon request.

4.7. All safety of flight concerns shall be reported immediately by the most expeditious means to the Government Flight Representative (GFR), COR, and SO.

The SO will notify the CDR in writing, via electronic means, that all flights in the deployment are complete. The CDR shall implement and complete arrangements to return the aircraft, Contractor personnel, and equipment to the home base.

5. PERSONNEL REQUIREMENTS

5.1 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) 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.

5.2 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.

5.3 Contractor Representative

The Contractor shall identify a Contractor Representative to serve as the single point of contact for all contract coordination with the government SOs.

The Contractor Representative shall perform the following duties:

a. Provide scheduling support 24 hours per day, 7 days per week for all operating and deployment sites. If the CR is not available at any time they will appoint an alternate CR whom the government should be notified of ASAP.

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 Fleet Exercise Publications (FXPs) and Confidential Allied Exercise Publications (AXPs) series publications; and, in turn, ensures that Contractor flight crews are familiar with these exercises and other required regional operational instructions.

5.4 Aircrew

5.4.1 The aircrew includes Pilot-in Command (PIC), Second-in-Command (SIC) and other mission essential personnel aboard the aircraft during flight.

5.4.2 Aircrew flight time limitations and rest requirements shall comply with the provisions of 14 CFR 135.267, Flight Time Limitation and Rest Requirements.

5.4.3 The aircrew shall operate aircraft under the Contract in accordance with the aircraft’s Federal Aviation Administration (FAA) airworthiness certificate and Title 14 CFR. When applicable, the contractor shall follow the Navy-issued Interim Flight Clearance (IFC).

5.5 Non-Crewmembers

5.5.1Non-crewmembers (e.g. aircraft maintainers and other ground support personnel, aircrew evaluators or examiner, etc.) are other mission essential personnel aboard the aircraft during flight.

5.5.2 Non-crewmembers not supporting the mission require the approval of the GFR.

5.6.1.1 Pilot Certificate

The PIC shall hold a commercial pilot certificate with appropriate category and class ratings, and if appropriate the type rating for the aircraft. The PIC shall have at least 1,500 hours total pilot time experience, of which 100 hours at night and 75 hours of actual or simulated instrument time with at least 50 hours in actual flight. (14 CFR 61.159)

5.6.1.2 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 Title 14 CFR 61.56-Flight Review.

5.6.1.3 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) – Instrument Proficiency Check). 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 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.

5.6.1.4 PIC Recent Flight Experience

The PIC shall meet the Recent Flight Experience requirements in accordance with Title 14 CFR 61.57 regardless of whether or not passengers are carried on the aircraft.

5.7. Second-in-Command (SIC)

Regardless of the type of aircraft, all flights shall have a PIC and SIC. The SIC shall hold a commercial pilot certificate and meet the requirements of Title 14 CFR 61.55.

5.8. Aircrew Proficiency

Contractor shall have a process to assess Aircrew to ensure that they are able to demonstrate aircraft proficiency in accordance with company established standards. Aircrew shall determine an aircraft's maintenance condition prior to flight and use standardized methods to accurately report aircraft deficiencies to the maintenance activity.

5.9. Aircrew Training

The contractor shall provide training, including recurrent training, to all aircrew in order to develop and refine skills designed to eliminate mishaps and improve safety. PIC and SIC training objectives must cultivate similar levels of proficiency. Aircrew training must be appropriate to the level of risk and circumstances anticipated for the trainee.

5.10. Provision for United States Government Personnel

The Contractor shall make provisions for the possible United States Government Personnel on flights as required. All United States Government personnel will be authorized by the assigned GFR or other designated representative prior to flight.

5.11. Maintenance Personnel

The contractor shall provide maintenance personnel to accomplish loading and unloading of GFP. If these personnel are unfamiliar with the loading and unloading of any GFP they shall seek guidance from the government. The contractor shall develop a checklist for aircraft maintenance, and pre and post flight operations which shall be reviewed by the GFR.

Maintenance personnel shall possess specialized technical expertise required to support the contractor's fleet and contractor's Ground Support Equipment (GSE). The Contractor shall ensure all maintenance personnel are trained to accomplish tasks such as aircraft towing, refueling/defueling, recovery, special equipment installation and maintenance procedures, using contractor-developed checklists. These individuals shall be FAA Part 65 Government-certified before performing such operations and possess appropriate licenses.

6. MEETINGS AND COMMUNICATIONS

6.1. Post-award Conference:

The Contractor shall support and attend a post-award Conference with the Government no later than 30 days after contract award at PMA-226 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.

6.2. Program Management Reviews (PMR):

The Government will schedule and conduct an annual PMR with the Contractor and NAVAIR PMA-226 at FRC-East Cherry Point NC, the Contractor’s facility, or location determined by the COR. The Contractor shall attend all PMRs and for each PMR, the Contractor shall:

a. Provide an agenda to the COR to include specific areas of concerns 10 days prior to a pre-determined meeting date.

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

c. Provide handouts to all Government personnel attending the 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. Identify and discuss problems encountered, if any, and action to resolve the problems.

6.2.1 All travel associated with PMRs shall be billed to Contract Line Item Number (CLIN) 0005 (travel). A maximum of three Contractor representatives will be authorized; additional personnel will require COR or SO approval.

6.3. Unscheduled Reviews

The Government may schedule additional PMRs as necessary. The Contractor shall be reimbursed for travel and per-diem expenses (CLIN 0005 travel), incurred during these unscheduled reviews.

7. SECURITY

7.1 Operational Security

The contractor shall develop/submit an OPSEC plan in accordance with Section J, List of Attachments, Exhibit A, DD Form 1423, CDRL A001)

7.2. Intelligence Information 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 provided and any information derived from use of the intelligence information to the releasing activity for final disposition.

7.2.1. 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 subcontractor), Government agency, private individual, or organization without prior written approval of the releasing activity.

7.2.2. 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.

7.2.3. Intelligence 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.

7.2.4. 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.

7.3. Physical Security

IAW DoD 5220.22M (NISPOM) and Local Instructions 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 GFE 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. Lesser square footage may be required at other locations unless Government facilities are provided.

7.4. Information Security

IAW DoD 5220.22M (NISPOM) and Local Instructions The work performed under this contract as stated in the DD Form 254 (Attachment 2 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. 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.

7.4.1. General Services Administration Classified Container

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

7.4.2. 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. The contractor will store any classified materials in accordance to DoD Manual 52001.01-Volume 3 Change 2, March 19, 2013.

7.4.3. 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.

7.4.4. 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.

7.5. Visit Requests

The Contractor shall comply with DoD 5220.22-M (National Industrial Security Program Operating Manual (NISPOM) for clearance for Contractor visits to DoD activities.

a. The contractor shall forward requests for visits to the COR.

b. Foreign Nationals The contractor shall ensure that Foreign Nationals or U.S. citizens affiliated with a foreign or foreign-owned company 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. HOME AND DEPLOYMENT BASING

At the Contractor’s hangar facilities (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 unclassified 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.

9. GOVERNMENT-PROVIDED WEB-SITE

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

10. MISSION REQUIREMENTS (CLIN 0001 AND 0002)

10.1. Propeller Aircraft (CLIN 0001)

The Contractor shall provide a minimum of four turbine propeller aircraft for a simultaneous presentation. This minimum includes two (2) aircraft on the East coast and two (2) aircraft on the West coast. Each aircraft shall meet the performance specifications listed in APPENDIX (2) – Performance Requirements, but only 2 of the 4 aircraft (one per coast) are required to be provisioned for, and/or equipped with a 1) Air Defense Control and Reporting (ADC&R Relay capability; 2) Link-16 Interference Trainer; and 3) Geolocating Spectrum Analyzer. The Comms relay and Link trainer capability should be on the same two aircraft. The Geolocating Spectrum analyzer does not have to be on those same aircraft.

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.

10.2. Propeller Aircraft Missions

The Contractor shall fly missions as defined by the SO at specified locations per Task Order (TO). Mission durations will vary but the Government expects 98,400 flight minutes (1,640 flight hours) per year. All events will be ordered by individual TOs. CLIN 0001 (Propeller A/C) shall be used for special missions requiring a special technical expert.

10.2.1. Typical profiles will require extended flight and loitering up to three (3) hours 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 15,000 feet MSL at night. Typical cruise speed straight and level will be 170 knots. The Contractor shall provide services for:

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.

10.2.2. Typical Missions will include:

a. Air Space Intrusion: The aircraft may be tasked to attempt to close on a designated ship in the warning area during an exercise.

b. AIC: aircraft may be tasked to provide shipboard radar operators training with vectoring aircraft.

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

d. d. ADC&R Relay, Link -16 Interference Trainer: aircraft may be tasked to provide continuous relay of High Frequency (HF) or Ultra High Frequency (UHF) Air Defense Command and Reporting (ADC&R) communications to an independent UHF net. That same aircraft may be simultaneously or independently tasked to provide Link-16 interference training. The ADC&R Relay capability is intended to continuously monitor and receive uncovered ship ADC&R HF and/or UHF communications, and forward any transmissions received from those frequencies to a shore based receiver on a second, independent UHF net. The Comms relay and organic interference will not interfere with the aircraft's ability to navigate or communicate on a third independent UHF radio. The Contractor provided Link-16 Interference Trainer shall be capable of generating up to 100Watts ERP on at least 17 independent Link-16 channels and will include notches and provisions to eliminate any interference within the FAA's Identification, Friend or Foe (IFF) spectrum.

e. Wideband Instantaneous Frequency Measurement: Aircraft may be tasked to monitor, detect, identify and geolocate radio signals and electronics emissions (between 100 MHz and 18,000 MHz) during exercises with Emissions Control (EMCON) in place. Signal geolocation must be verifiable to within 5nm while the aircraft is cruising at a 50nm standoff.

f. UAV Emulation: The aircraft may be tasked to fly profiles intended to emulate threat UAV’s, to include a Special Mission operator pointing the comet camera at fleet forces and verifying Comet transmissions. Comet, GFE, will require the operator to have visual access for the Camera to the surface ships, separate from the forward cockpit; as well as 12V aircraft power and the ability to transmit on either a UHF or L-band antenna. (The Comet system includes a transmit radio running off aircraft power).

10.3. Civil and Public Aircraft Operations Status

The flight operations required by this contract have been determined to be Civil Aircraft Operations and shall be conducted within 14CFR however; the Contractor may be required to operate in “Public Aircraft Operations (PAO)” status depending on the mission. When PAO status is required, the contractor shall abide by all FAA “Public Use” notification procedures.

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

10.4. Ferry Missions (CLIN 0002)

The Contractor shall ferry aircraft under CLIN 0002 to deployment sites when instructed by Task Order. 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 0005.

10.5. Landing Fees

Aircraft approved under this contract are not subject to landing fees at DoD controlled airfields. The Contractor shall provide DD Form 2400, Civil Aircraft Certificate of Insurance; DD Form 2401, Civil Aircraft Landing Permit; and DD Form 2402 Civil Aircraft Hold Harmless Agreement for aircraft provided under this contract.

10.6. Flight Approval

The Contractor shall obtain approval from the GFR prior to flying non-crewmembers.

10.7. Maintenance Program

Aircraft used in the performance of this contract shall be maintained in accordance with aircraft’s FAA regulations and standards. The Contractor shall use the approved FAA maintenance plan, if available, or maintenance procedures, as applicable. The Contractor shall adhere to, and comply with all applicable FAA and OEM airworthiness directives and service bulletins.

10.8. Aeronautical Regulations

The Contractor shall operate aircraft in accordance with Title 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.

10.9. Overwater Operations

Aircraft survival equipment for overwater operations shall meet the requirements of Title14 CFR 91.509 – Survival Equipment for Overwater Operations.

10.10. Accident and Incident Government Notification

The Contractor shall be responsible for all accident and incident damage to the aircraft that occurs during operation of the aircraft. The contractor shall report all aircraft accident and incident greater than $2,000 of damage/loss to the Government COR and GFR. For after hours’ incidents, notifications shall be made by the start of the next work day. For aircraft based at or operation from a military base, when the incident involves a base facility or asset and the damage/loss is greater than $20,000, the Contractor shall first contract the local base Safety Officer. The contractor shall then immediately contact the COR and GFR. 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.

10.11. 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.

10.12. Waiver Requests

Each aircraft used in performance of this contract shall comply with its FAA Airworthiness Certificate regardless of whether the flight is a conducted as “Public Aircraft Operation” or “Civil 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.

10.13. Aircraft Modifications Made Prior to Contract Award

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,Statement of Compliance with Airworthiness Standards 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, Major Repair & Alteration (Airframe, Powerplant, Propeller, or Appliance) signed in blocks 6 (Conformity) and 7 (Return to Service) by persons authorized under Title14 CFR 43, and citing FAA Approved Data in block 8. Any major aircraft alterations (as defined in Title 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 Title14 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.

10.14. 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.

11. AIRWORTHINESS

Each aircraft used under this contract shall possess a Standard or Restricted FAA airworthiness certificate. A copy of all airworthiness certificates shall be available for Government inspection.

12. GOVERNMENT OVERSIGHT (CDRL A002)

12.1. Ground and Flight Operations.

The Contractor shall submit the Ground 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 Title14 CFR Part 91 requirements under this contract. The term “certificate holder” as used in Title 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.

12.1.1. To ensure a safe, efficient aircraft ground operations program, the Contractor shall abide by the following:

a. 14 CFR, Part 43

b. 8210.1C Para 5.1 Ground Operations Procedures

c. 8210.1C Para 5.2.1 Master Training Plan

d. 8210.1C Para 5.2.2 Training, Qualifications, Certifications Training Records

e. 8210.1C Para 5.2.2.1 Initial/ Recurring Currency of Employees

f. 8210.1C Para 5.2.2.2 Record of Successful Course Completions

g. 8210.1C Para 5.2.2.4 Other Certifications As Appropriate

h. 8210.1C Para 5.3.1, 5.3.2 FOD and Tool Control Program

i. 8210.1C Para 5.3.3.14 Lost Tool/Item Procedures

j. 8210.1C Para 5.12.1 Aircraft/Equipment Hydraulic Fluid Analysis Program

k. 8210.1C Para 5.16 Weight and Balance

l. 8210.1C Para 5.20 Technical Orders/Maintenance Manuals

m. 8210.1C Para 5.21 Aircraft Records Management

n. 8210.1C Para 5.22 Safe-for-Flight Release

12.1.2. To further ensure a safe, effective flight operations program, the Contractor should consider the following when writing Procedures:

a. 8210.1C Para 5.2.2.3 Documentation of Engine/APU Run Currency

b. 8210.1C Para 5.2.2.5 Record of Medical Exam Type and Currency As Required

c. 8210.1C Para 5.3.13 thru 5.3.13.12 Tool, Equipment and Item Control Procedures

d. 8210.1C Para 5.6 thru 5.6.8 Aircraft Ground Support Equipment

e. 8210.1C Para 5.9.8 Aircraft Servicing

12.3.1. 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.

12.4. 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 contractor shall provide such notification within 30 days of the Contractor’s receipt of such documents from the FAA.

13. 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. 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 at the Government contract fuel rate referenced at http://www.dla.mil/Energy/Business/StandardPrices.aspx.

13.1 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.

13.2 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.

13.3 The Contractor shall track all fuel consumption and provide fuel receipts, flight logs and a Fuel Report to the Government in accordance with CDRL A003.

14. SYSTEM ADVANCED TECHNOLOGY MODIFICATIONS (CLIN 0003) (O&M)

15. MONTHLY CONTRACT STATUS

The Contractor shall track flight minutes and all costs associated with each CLIN. The Contractor shall submit the Monthly Status Report (MSR) in accordance with CDRL A004.

16. CONTRACTOR/GOVERNMENT FURNISHED EQUIPMENT

16.4. All GFE management should include the following information:

a. Name/signature of Contractor responsible for receiving GFE

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

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

d. Quantity/unit of measure

e. Unit cost

f. Unique-Item Identifier (UID) or equivalent

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

16.5. All GFE shipments shall include a DD 1149 – Requisition and Invoice/Shipping Document form…