AAR_N00421-16-R-0032_PWS_.docx

N00421-16-R-0032 Attachment (1)

PMA-226N00421-16-R-0032

Attachment (1)

CONTRACTED AIR SERVICES

AERIAL REFUELING

PERFORMANCE WORK STATEMENT

CONTRACTED AIR SERVICES (CAS)

AIR TO AIR REFUELING (AAR)

PERFORMANCE WORK STATEMENT

DRAFT v.3.8.5 1 August 2017

Distribution Statement A: Approved for Public Release Distribution Unlimited Table of Contents Section Title Page

1.0 SCOPE

The Contracted Air Services (CAS) program provides Contractor Owned Contractor Operated (COCO) aerial refueling aircraft to the Department of the Navy (DoN) Fleet and Test customers for Air-to-Air Refueling (AAR) requirements. Basing operational locations include multiple continental United States (CONUS) detachment operations sites and foreign and remote operating bases outside the continental United States (OCONUS). 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.

The Contractor shall provide Strategic Tanker “Hose and Drogue” type refueling services for pilot initial qualifications and recurring pilot refresher readiness training.

The Contractor shall provide operational Test and Evaluation (T&E) support to evaluate aircraft new equipment installations and aircraft flight envelope investigation.

Additionally the Contractor shall provide extended cross country and over water (“Drags”) refueling services for US and FMS aircraft movement as well as OCONUS Fleet Exercise refueling support.

Annual Fleet Exercise requirements will vary. Anticipated requirements for aerial refueling services are for a minimum of 30 CONUS detachment operations and two (2) OCONUS detachment operations. Historical Data:

Annual Fleet detachment scenarios where two (2) tankers are deployed concurrently 16

Annual T&E requirements will vary and will be scheduled around Fleet Exercise requirements. Planning data:

FMS operational support will be on a case by case basis with scheduling consideration given to the existing US Fleet Exercise and T&E schedules.

For clarity, all references to the Federal Aviation Regulation in this Performance Work Statement (PWS) will be by reference to Title 14, Code of Federal Regulations (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 PWS exceed the minimum requirements of 14 CFR, this PWS takes precedence. Definitions contained in 14 CFR Part 1 apply to all situations and conditions relating to flight operations, aircraft maintenance, and flight crew certifications and qualifications are derived from the 14 CFR and DCMA INST 8210.1C.

2.0 APPLICABLE DOCUMENTS

The Contractor shall utilize and adhere to the following documents, and updates or revisions to them, in satisfying the performance requirements of this PWS.

(a) Title 14, Code of Federal Regulations

(b) Allied Tactical Publication (ATP)-3.3.4.2

(c) FAA AC 00-1.1A Public Aircraft Operations (PAO)

(d) FAA AC 91-91 Maintaining Public Aircraft

(e) FAA Order 8300.16

(f) DCMA INST 8210.1C Naval Air Systems Command Instruction ((NAVAIRINST) 3710.1G)

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

(h) 32 CFR 766 Use of Department of the Navy Aviation Facilities by Civil Aircraft

(i) AFI 10-1001 Civil Aircraft Landing Permits

(j) AFI 10-1002 Agreement for Civil Aircraft Use of Air Force Airfields

(k) Federal Acquisition Regulation (FAR) Part 31.2 Contracts with Commercial Organizations

(l) CNAF M-3710.7 Series – NATOPS General Flight and Operating Instructions

(m) NAVAIRINST 13034.1F – Flight Clearance Policy for Air Vehicles and Aircraft Systems

(n) DoD 5500.7R Joint Ethics Regulation (JER)

(o) Department of Defense (DoD) Directive 5030.61 DoD Airworthiness Policy

3.0 PERFORMANCE REQUIREMENTS

3.1 Equipment

The Contractor shall provide aircraft to support two (2) geographically separate simultaneous presentations that meet the following performance criteria (assume Standard Day conditions):

PERFORMANCE REQUIREMENTS

4 Hour on-station mission with 150 mile transit and provide 70,000 lbs off load 3 Hour on-station mission with 150 mile transit and provide 80,000 lbs off load

200 – 300 Knots Indicated Airspeed (KIAS)

Centerline refueling system to support V-22 and E-2D Additional special equipment:

2 Ultra High Frequency (UHF) radios, 1 Very High Frequency (VHF) radio, 1 High Frequency (HF) radio available to the pilots and refuel operator.

Global Positioning System (GPS) Air/Air Tactical Air Navigation (TACAN) Installed Recording Device to Support Aircraft Aerial Refueling: Video and Audio of receiver aircraft entering and leaving the refueling drogue.

Traffic Collision Avoidance System (TCAS)

The contractor shall only utilize aircraft that possess FAA Airworthiness Certifications, U. S. Navy AAR airworthiness certifications, and North Atlantic Treaty Organization (NATO) refueling ATP-3.3.4.2 approval with applicable amendments at contract award. The contractor shall comply with all Airworthiness Directives (AD) pertinent to continued flight operations in the National Air Space. All aircraft must be certified to fly in actual and forecast icing conditions. Former military aircraft, regardless of source, must meet their original design standards for this condition.

3.2 Aircraft Certification (AC), Maintenance Practices and Operating Procedures

Contractor owned and operated aerial refueling aircraft provided to the DoN under this contract shall be certified, maintained and operated in accordance with 14 CFR and their Navy Airworthiness Certification, with particular attention to the following areas:

3.2.1 FAA Airworthiness Certification

All aircraft used under this contract shall possess a Standard or Special FAA Airworthiness Certificate. A copy of the airworthiness certificates shall be available for inspection (CDRL A001). All ADs must be complied within the prescribed time frame, and service bulletins must be evaluated for applicable action.

3.2.1.1 FAA Standard and Special Certificates

For aircraft with Standard and Special Certificates, the Contractor shall secure FAA approval for each change to the configuration that is not defined in the aircraft’s Airworthiness 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, or external mold line, the Contractor shall secure and make available for review, valid FAA-approved data (CDRL A001). It is recognized that some modifications relate to powered systems that the FAA will certify for captive carriage only.

3.2.1.2 FAA Experimental Certificates

For aircraft with Experimental Certificates, the Contractor shall secure FAA approval for each aircraft Major Change (as defined by 14 CFR 21.93) before the modification is used in support of this contract. For each modification, whether internal or related to the carriage of external stores, or external mold line, the Contractor shall secure and make available for review, a valid FAA airworthiness certification, FAA Form 8130-7 and associated Operating Limitations (CDRL A001). Where the modification is a Major Change (defined by 14 CFR 21.93), the Contractor shall also secure the FAA's determination regarding the need for new or amended operating limitations. It is recognized that some modifications relate to powered systems that the FAA will certify for captive carriage only. Submittal of the complete data package is not required if an Offeror already has certified tankers. Offerors with appropriately certified tankers should submit IFCs, FAA Airworthiness Certificates, and Supplemental Type Certificates for each tanker being proposed under this CAS AAR contract proposal.

3.2.1.3 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, (OEM), or MIL-STD for the type of aircraft concerned. If this data references FAA regulations as the standard, then the contractor shall provide Approved Data as defined in the FAA Order 8300.16 for any Major Alteration or Major repair. Major alterations to aircraft with Special 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 Approval Data. 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, aircraft manufacturer 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 8300.16) in block 8 and an accompanying aircraft maintenance record entry. This applies to all aspects of the aircraft alteration to include cabin interior arrangement, electrical modifications, mechanical modifications, tie-downs, and antennas, as appropriate.

3.2.2 Navy Airworthiness Certification

All aircraft under this contract will require an U.S. Navy issued Interim Flight Clearance (IFC), see NAVAIRINST 13034.1. 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 (STC), etc. Data Deliverable required under (CDRL A001).

The contractor shall obtain flight clearances from the Navy to refuel Navy/Marine Corps aircraft including but not limited to: F/A-18A-F, EA-6B, EA-18G, AV-8B, UAS, MV-22B, E-2D (as directed) and F-35B/C (as directed) aircraft. Note that currently, V-22 and E2-D aircraft are only authorized to refuel from a centerline system. The point of contact for the NAVAIR Flight Clearance Office is the PMA-226 CAS Class Desk. The Contractor shall submit the Airworthiness-Related Substantiation Data (defined in FAA Order 8300.16) supporting the IFC process in accordance with (CDRL A001).

3.2.3 Policy and Procedures

A. The Contractor’s management policy and procedures shall ensure that contract execution and quality control are effective and in continuous compliance with 14 CFR and all contractual requirements. 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. The Contractor shall develop and execute a specific written management plan to address all ground and flight operations items (section 3.2.3 and subsections). The Contractor shall not begin flight operations until the procedures have been approved in writing by the CAS Government Flight Representative (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 required by sections 3.2.3.1-3.2.3.3) at all operating facilities. DCMA Instruction 8210.1, Change 1 Chapter 3 shall be used as guidance in developing the written procedures. If the Contractor references documents, such as existing company procedures, and operating instructions in these procedures, the referenced documents shall be made readily available for review and become part of the GFR approval process. If the Contractor possesses a 14 CFR Part 121 operating certificate, the associated FAA-approved Part 121 procedures may be used to satisfy the applicable portions of the Ground and Flight Operations Procedures. The Contractor shall make those procedures available for Government review upon request.

B. The Contractor shall comply with their GFR approved Ground and Flight Operations Procedures and shall be responsible for identifying and correcting deficiencies for both Contractor and subcontractor operations. The Contractor shall be responsible for ensuring its subcontractors’ aircraft operations under this contract are safe and effective, and are responsible for ensuring its subcontractors have GFR approved procedures in place to meet these requirements.

C. A CAS GFR or designated representative will perform a biannual inspection of the Contractor’s operations. The purpose of these inspections is to evaluate the effectiveness of the Contractor’s GOP and FOP and their compliance with those procedures. A CAS GFR may conduct unscheduled inspections at any time during the contractor’s normal business day for the duration of the contract.

D. Standard operating instructions references are discussed below.

3.2.3.1 Contractor Procedures

The Contractor shall develop specific written Procedures for all flight and ground operations as required by this PWS (sections 3.2.3.1-3.2.3.3). The contractor is responsible for writing, implementing and enforcing its Procedures, and identifying and correcting deficiencies. The Procedures shall:

A. Provide specific guidance describing activities and requirements of this PWS pertaining to safety, and flight and ground operations applicable to this contract;

B. Describe in detail how the contractor ensures that individuals perform only duties they are qualified and authorized to perform;

C. Adequately explain all aspects of a given operation to include the purpose, scope, and steps to accomplish the task;

D. Identify the office/title of individual responsible;

E. Include requirements to verify the successful completion of the procedure, when appropriate.

F. Be approved by the Government Flight Representative (GFR).

3.2.3.2 Ground Operating Procedures (GOPs)

The Contractor shall establish and maintain Ground Operating Procedures (GOPs) that conform to the following:

14 CFR, § 43

8210.1C, Change 1 Para 5.1 Ground Operations Procedures 8210.1C, Change 1 Para 5.2.1 Master Training Plan 8210.1C, Change 1 Para 5.2.2 Training, Qualifications, Certifications Training Records 8210.1C, Change 1 Para 5.2.2.1 Initial/Recurring Currency of Employees 8210.1C, Change 1 Para 5.2.2.2 Record of Successful Course Completions 8210.1C, Change 1 Para 5.2.2.4 Other Certifications As Appropriate 8210.1C, Change 1 Para 5.3.1 Foreign Object Damage (FOD) and Tool Control Program 8210.1C, Change 1 Para 5.12.1 Aircraft/Equipment Hydraulic Fluid Analysis Program 8210.1C, Change 1 Para 5.15 Weight and Balance 8210.1C, Change 1 Para 5.19 Technical Orders/Maintenance Manuals 8210.1C, Change 1 Para 5.20 Aircraft Records Management 8210.1C, Change 1 Para 5.21 Safe-for-Flight Release

3.2.3.3 Flight Operating Procedures (FOPs)

The Contractor shall establish standard FOPs; provide them to the GFR for review and approval. Procedures must be up to date, reflect the current scope of operations, and be clearly understood by company employees. To ensure a safe, effective flight operations program, the Contractor shall abide by following, when appropriate:

14 CFR, § 135.267 Flight time limitations and rest requirements: Unscheduled for two-pilot crews.

14 CFR, § 61.56 Flight review.

14 CFR, § 61.57 Recent flight experience: Pilot In Command (PIC).

14 CFR, § 91.509 Survival equipment for overwater operations.

14 CFR, § 61.55 Second-In-Command (SIC) qualifications.

8210.1C, Change 1 Para 4.1.5 Contractor Flight Approval 8210.1C, Change 1 Para 4.1.7 Approved Flights 8210.1C, Change 1 Para 4.1.9.3 Maintenance Release Procedures 8210.1C, Change 1 Para 4.1.10 Documentation of Certificates, Licenses, and Permits 8210.1C, Change 1 Para 4.1.9.3 Aircraft Maintenance Release Procedures 8210.1C, Change 1 Para 4.1.13 Aircrew Duty and Rest Limitations 8210.1C, Change 1 Para 4.2.1 Contractor’s Requesting Official 8210.1C, Change 1 Para 4.4.11 Response to Emergencies 8210.1C, Change 1 Para 4.5.2.1 General requirements 8210.1C, Change 1 Para 4.8.7 Access to Records

3.3 Contract Line Item Number (CLINs) Descriptions

Note: Flight Crew Members in Non-Flying Status, Travel, Material, and Aircraft Modification CLINs will not be incorporated in this solicitation. These Labor and Expense areas will need to be cost factors in the firm fixed price proposal for CLIN 0X01 and CLIN 0X02.

3.3.1 CLIN 0X01 – AAR Flight Minutes

For use when performing AAR of Government or approved contractor aircraft, ferry missions, and Government-aborted missions based on mission flight time. Contractor ferry flight costs are not allowable under these CLINs. Refer to Appendix A of the PWS for definitions of Ferry Flight and Ferry Mission.

3.3.2 CLIN 0X02 – AAR Flight Minutes - Excess

For use when CLIN 0X01maximum AAR Flight Minutes are exceeded. For use when performing air-to-air refueling of Government or approved contractor aircraft, ferry missions, and Government-aborted missions based on mission flight time. Contractor ferry flight costs are not allowable under these CLINs. Refer to Appendix A of the PWS for definitions of Ferry Flight and Ferry Mission.

3.3.3 CLIN 0X03 – Administrative / Technical Data

The Contractor shall provide technical and administrative data in accordance with Section C and Contract Data Requirements List (CDRL), Exhibit A. This CLIN is not separately priced.

CDRL A004 - Fuel Chit Report

3.3.4 CLIN 0X04 – Option - GFE Installer/Maintainer and Maintenance Personnel This contract does not require GFE. This CLIN is included in the event a future GFE requirement is placed on the Contract, e.g., installation and support of test equipment. The contractor shall provide personnel to install, remove, and maintain GFE.

3.3.5 CLIN 0X05 – AAR Capability Establishment

For use in evaluating and certifying the capability of the awardee’s aircraft to safely perform AAR operations. This CLIN funds post-award requirements necessary for the NAVAIR Airworthiness certification and Refueler-Receiver aircraft certification of the Contractor’s aircraft. Post award and before execution of AAR flight minutes (CLIN 0X01) funding requirements include but are not limited to the following:

CDRL A001 Airworthiness and Related Substantiating Data submission

CDRL A002 Management Plan and Standard Operation Procedures submission

CDRL A003 OPSEC Plan submission

Management and Engineering airworthiness data review meetings

Aerial refueler certification flight planning coordination meetings

Missions for tanker and receiver aircraft certification flights.

3.3.6 Compliance with the DoD's Financial Improvement and Audit Readiness (FIAR) Guidance FIAR compliance will be achieved at the task order level as specific requirements are identified and funded. It is inherent in the nature of the AAR program that task orders will represent the requirement of a single user with a single type of funding. In the rare case that multiple types of funding are required on a single task order separate CLINS by appropriation will be used.

4.0 OPERATIONAL REQUIREMENTS

4.1 Mission Planning (Processing and Dissemination)

Under the Commander, Naval Air Systems Command (NAVAIRSYSCOM), Program Manager Air (PMA)-226 is the overall CAS Program Manager. Depending on the mission and the customer, PMA-226 will designate Scheduling Officers (SO) to execute administrative tasks such as mission scheduling and coordination, and invoice certification. The Contractor Representative (CR) shall coordinate with the SO on all formal requests for AAR services to determine feasibility of support, associated cost of support, implications of support on other scheduled or potentially scheduled mission and any other necessary details requiring coordination.

Notwithstanding other directives of this PWS, flight operations may be scheduled at any time, 24 hours a day/seven days a week, subject to a minimum mission flight time. The Contractor shall provide a CR to contact, to cover scheduling 24 hours per day/seven days a week. Scheduled and planned maintenance requirements that will preclude availability of any tanker aircraft should be coordinated as far in advance as possible so that supportable commitments can be adjusted. As soon as it is determined that missions cannot be met, the Contractor shall inform the Government if any tanker aircraft are not able to meet assigned or future missions, via email or phone to the Contracting Officer’s Representative (COR).

4.1.1 Scheduling Officer Communications with Contractor

A. The designated SO for all PMA-226 CNAF tanker Task Orders is the Contracted Air Services Office at Fleet Area Control and Surveillance Facility (FACSFAC) Virginia Capes (VACAPES).

B. The designated SO for other PMA-226 tanker Task Orders is the T&E Schedules Office for PMA-226 at NAS Patuxent River, Maryland. Scheduling conflicts within the confines of this contract will be decided by Commander, Naval Air Forces - Atlantic (CNAL) N31. The Government may change the SO during the course of the contract.

C. The SO and CR will communicate as often as required to develop the short range and long range schedule. This scheduling should include planned operation using Standard Mission support Personnel.

D. If an additional mission is tasked and there is no aircraft currently in an operational status with crew attached, the Government will give the contractor as much latitude (time) as possible to dispatch a tanker for additional tasking before cancelling the event. Notwithstanding other directives of this PWS, the Contractor shall be able to dispatch an aircraft within 72 hours of formal notification of tasking before being considered unable to meet tasking.

E. The Government may or may not order flight services on any given day of detachment operations.

4.1.2 Authorization of Flight Operations

All flight operations must be authorized through the SO or designated representative.

4.1.3 Released by the Government

When all flights for detachment operations have been completed, the SO will notify the CR, in writing, that the deployment is complete.

Following this notification, the CR shall complete and implement arrangements to return the aircraft, personnel, and equipment to the home base.

4.2 Mission and Contract Coordination (Operational Reporting)

4.2.1 Meetings and Communications

4.2.1.1 Post-Award Conference (PAC)

The Contractor shall attend a PAC with the Government no later than 30 days after contract award at Patuxent River, Maryland or other CONUS location as determined by the Government to include contracts and management personnel. The PAC will cover the topics as set forth in FAR Subpart 42.5.

4.2.1.2 Program Management Reviews

The Government will schedule and conduct Program Management Reviews (PMR) on a semi-annual basis at NAVAIRSYSCOM PMA-226, Cherry Point, North Carolina, the Contractor’s facility, or other locations as directed by the COR. The Contractor shall attend (no more than two (2) contractor personnel may attend, unless prior approval for more personnel is obtained from the COR) all PMRs and make a presentation consisting of the following:

A. Overview of the work accomplished to date or since last review, the projected plan of action for completion of contract effort, and handout material documenting presentations.

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

C. Identification and discussion of problems anticipated and the Contractor’s plan of action for mitigation.

D. Experience working as a team with the other CAS Contractors and the Government, identifying successes and areas needing improvements.

4.2.1.3 Long Term Scheduled Maintenance Requirements

The Contractor shall coordinate with the SOs 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.

4.2.1.4 Accidents and Incident Reporting

The Contractor shall report all aircraft accidents and incidents in accordance with their Mishap Response Plan (MRP), GOPS and FOPS. After contacting the local base Commanding Officer, Safety Officer and Operations Officer, the Contractor shall 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.

4.2.1.5 Waiver Requests

Each aircraft used in the performance of this contract shall be operated and maintained in accordance with 14 CFR and its Navy Flight Clearance. If for any reason a contract requirement cannot be met, the Contractor shall notify the Procuring Contracting Officer (PCO), COR and CAS GFR, and submit a contract waiver request prior to conducting those operations, citing the specific requirement that cannot be adhered to.

4.2.2 Fixed Rate Work Tasks

4.2.2.1 Fuel

This is a “dry” contract. The Government will provide access to fuel at U.S. Government bases and civil fields. The Government will provide appropriate fuel cards for each on the Contractor’s aircraft. All fuel purchased by the contractor should be obtained from a military base whenever possible. Whenever “into plane” (government rate) fuel needs to be obtained from a civilian airport, the contractor shall record the circumstances and justification. Commercial non “into plane” fuel should only be used in extreme cases with the SO or COR advance approval.

The Contractor shall not use any Government provided fuel for any flight other than those scheduled under this contract.

The Contractor shall track all fuel consumption and provide fuel receipts, flight logs, and Fuel Reports to the Government in accordance with (CDRL A004 and A005).

4.2.2.1.1 Fuel Card Training

All card users (Standard Mission Support personnel) shall:

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

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

C. Print the Certificate of Completion and provide a copy to the COR to be kept on file.

D. Sign a Card User Statement of Understanding (SOU) after conducting training.

4.2.2.2 Mishap Prevention and Aviation Safety Program

The Contractor shall establish and maintain an Aviation Safety and Mishap Prevention Program and ensure they are periodically reviewed by all aircrew members.

4.2.2.2.1 Aviation Safety Official

The Contractor shall designate an Aviation Safety Official with specific duties and responsibilities defined.

4.2.2.2.2 Risk Management Program

The Contractor shall establish and maintain an Operational Risk Management (ORM) Program.

4.2.2.2.3 Mishap Response Plan (MRP)

The Contractor shall establish and execute written procedures for responding to an aviation incident or accident (CDRL A002). The MRP shall establish policies, responsibilities, and actions to be initiated if any aircraft becomes overdue or involved in an incident or mishap. The Contractor shall exercise the MRP on an annual basis. As a minimum, this plan shall include the following:

A. Procedures that conform to United States Code (USC) Title 49 Part 830 National Transportation Safety Board (NTSB);

B. Immediate action checklist to ensure command, control, and coordination of the rescue or recovery effort;

C. A notification plan which includes a current roster of Contractor and Government personnel (including duty and non-duty phone numbers) to be notified in the event of an aircraft mishap; and D. Procedures for Contractor and subcontractor cooperation and participation in mishap investigations conducted by the Government. Procedures shall clearly define the differences between a Government Legal investigation (used to satisfy claims) and a Government Safety investigation (used for mishap prevention). The procedures shall clearly state the contractual obligation of Contractor personnel to provide information and participate in interviews by the Government Safety investigation immediately upon request. The Contractor shall have procedures that require, to the maximum extent possible, aircrew medical and toxicological testing immediately following a mishap. 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.

4.2.2.3 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 A006).

4.2.2.4 Public Aircraft Operations Status

The Contractor shall abide by all FAA “Public Aircraft Operations” notification procedures.

4.2.2.5 Transit Military Aircraft

Aircraft provided under this contract are considered transient military aircraft and not subject to landing fees at DoD-controlled airfields.

4.2.2.6 Civil Aircraft Landing Permits

The Contractor shall submit DD Form 2400 - Civil Aircraft Certificate of Insurance, DD Form 2401-Civil Aircraft Landing Permit and DD Form 2402-Civil Aircraft Hold Harmless Agreement, to the COR. These agreements must be kept current during the entire period of performance under the contract.

4.2.2.7 Maintenance Program

Aircraft used in the performance of this contract shall be maintained in accordance with 14 CFR and their Navy Airworthiness Certification. Additional requirements are listed in paragraph 3.2.3, Policies and Procedures.

4.2.2.8 Aeronautical Regulations

While operating as a Public Aircraft Operation, the Contractor shall operate and maintain the aircraft in accordance with 14 CFR unless a waiver is granted in accordance with paragraph

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

4.2.2.9 Accident Costs

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

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 or damage.

4.2.2.10 General Deployments

When directed 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 GFE, if applicable. At least 30 days prior to deployments, the SO will release a pre-deployment message to the Contractor to ensure coordination of requirements, services, and accommodations. 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.

4.2.2.11 Communication and Navigation Capability

The Contractor shall ensure that all aircraft are equipped with the applicable communication and navigation capability to operate in the U.S. National Air Space. In addition, tasking requirements will require aircraft to deploy worldwide. The Contractor shall ensure that a sufficient number of aircraft are equipped, as applicable, to operate in international and foreign nation airspace. The Contractor shall comply with other FAA, International Civil Aviation Organization (ICAO), or foreign nation equipment pre-requisites, and shall be solely responsible to provide such equipment.

4.2.2.12 Equipment Installer or Maintainer

If required, the Contractor shall install, move, remove, and maintain the CFE and GFP/GFE. Government Property for the performance of this contract will be limited to mission-specific GFP/GFE identified and transferred to the contractor via DD Form 1149. Contract Section B CLIN 0X04 shall apply for the installation and removal of GFP/GFE.

4.3 Performance Metrics

This performance-based requirement includes performance metrics which are contained in the Quality Assurance Surveillance Plan (QASP). The contractor’s performance will be assessed in accordance with the QASP.

4.4 Personnel Requirements

All personnel performing AAR operations shall have appropriate training and any necessary qualifications for AAR. AAR qualification/refresher training is the responsibility of the contractor. Personnel qualification and training records shall be provided to Government personnel. All personnel shall comply with local laws, policies, and regulations while aboard any military installation. All personnel working in an operational capacity (e.g., aircrew) or on U.S. or Foreign Government military installations shall be readily identifiable as contract employees through appropriate attire and badges while performing services under this contract.

4.4.1 Contractor Representative (CR)

The contractor shall be available to provide scheduling support 24 hours a day, seven days a week. Scheduling may be accomplished via Internet electronic mail account or phone (land-line or mobile). The contractor shall designate a point of contact for rapid response after duty hours. The CR shall have authority to schedule and assign contractor aircraft and crews in response to Government requirements. The CR shall interface between the Government and the contractor and shall:

A. Maintain close liaison with SO in matters regarding contractor’s aircraft and the current and projected schedule, both short and long term.

B. Develop short and long term flight hour and travel plan to assist the Government, when required, in determining the most effective and efficient operations of contractor aircraft.

C. Provide coordination between the contractor and Government scheduling office and higher authority to assist in determination of the most efficient and effective utilization of contractor assets in supporting various missions.

D. Maintain close liaison with current and future supported units to ensure effective operational continuity, obtain detailed mission information and identify potential operational concerns.

E. Provide contractor flight crews with comprehensive mission information and details of refueling tasking to include the customer unit (squadron, air wing, or Strike Group), number and type of aircraft, fuel offload requested, (AAR) location, on station times, altitudes, boom frequencies, etc.

F. Be familiar with applicable exercise scheduling or operational procedures as determined by the supported units and in turn, ensure that contractor flight crews are familiar with these exercises and other required regional operational instructions.

G. During operations, the duties of the CR, Senior Pilot, or other company personnel shall:

(1) Ensure attendance of pilots at required procedure and mission briefings.

(2) Ensure contractor aircraft launch in sufficient time to arrive at designated stations on time.

(3) Coordinate all maintenance, servicing, logistics, crew transportation, contractor personnel briefings, security clearances/vehicle registrations, and equipment/facility custodial functions in support of contractor operations.

(4) Provide a synopsis of flight hours and sorties completed to the SO and a designated Program Manager AIR (PMA-226) representative, as required.

H. Provide comprehensive post mission debriefs and other feedback as required or requested to the SO, supported units, or other government agencies to assist in future effective and efficient utilization of contractor assets.

4.4.2 Additional Aircrew Requirements

The aircrew will operate the aircraft under the Contract in accordance with the aircraft’s FAA Airworthiness Certificate and 14 CFR requirements. In addition, regardless of aircraft type, the aircrew shall comply with the following requirements:

4.4.2.1 Provision for USG Personnel

Contractor shall make provisions for possible USG personnel on flights as requested. All USG personnel will be authorized by the assigned Government Flight Representative (GFR) or other designated representative prior to flight.

4.4.2.2 Scheduling

The company must demonstrate a closely monitored system that evaluates operational risks, experience levels of crewmembers, and ensures the proper pairing of aircrews on all flights. In multi-crew aircraft, new Captain, PIC, should be scheduled with highly experienced First Officers, Second in Command (SIC), and new First Officers should be scheduled with experienced Captains. The scheduling system must involve an established flight duty time program for aircrews, carefully managed so as to ensure proper crew rest. Aircrew flight time limitations and rest requirements shall comply with the provisions of CFR 135.267.

4.4.2.3 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 of anyone.

4.4.2.3.1 Pilot Certificate

The PIC shall hold at least a commercial, instrument rated pilot certificate with appropriate category and class ratings and type rating for the aircraft. The PIC shall have at least 1200 hours total pilot time, 100 hours night time, and 75 hours of actual or simulated instrument time, at least 50 hours of which are in actual flight. The PIC shall meet the recent experience requirements of 14 CFR § 61.57.

4.4.2.3.2 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.

4.4.2.3.3 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 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.

4.4.2.4 Records

Flight Crew Personnel records shall be maintained and reflect such data as experience, qualifications, and applicable medical status.

4.4.2.5 Aircrew Proficiency

Contractor must have a process where they assess aircrew to ensure that they are able to demonstrate aircraft proficiency in accordance with company established standards. Flight crews must be able to determine an aircraft's maintenance condition prior to flight and use standardized methods to accurately report aircraft deficiencies to the maintenance activity. Regardless of the type of aircraft, all flights shall have a PIC and a SIC pilot, if the aircraft is configured for dual pilots. The SIC shall hold a commercial instrument rated pilots certificate and meet the requirements of 14 CFR § 61.55.

4.4.2.6 Aircrew/Maintenance Communications

Effective lines of communication that permit feedback from aircrew and maintenance personnel to operations and maintenance managers shall be maintained.

4.4.2.7 Aircrew Training

Training, including recurrent training, must be conducted in order to develop and refine skills designed to eliminate mishaps and improve safety. Captain and First Officer training objectives must cultivate similar levels of proficiency. Crew training for pilots, engineers, and project specialists must be appropriate to the level of risk and circumstances anticipated for the trainee.

4.4.2.8 Maintenance Personnel

Contractors seeking to support AAR Public Aircraft Operations (PAO) shall hire and train the number of employees required to safely maintain the company aircraft and support the scope of the maintenance operations both at home station (the company's primary facility) and detachment locations. These personnel shall ensure that all maintenance tasks, including required inspections and airworthiness directives, are performed; that maintenance actions are properly documented; and that the discrepancies identified between inspections are corrected.

4.4.2.9 Crew Resource Management

For Multi-Piloted Aircraft training shall include a selection and training process that considers proven experience, decision making, crew resource management, and response to unusual situations, including stress and pressure.

4.5 Quality and Safety Requirements

The Contractor shall establish, implement, and monitor Company policies and procedures, including appropriate guidance related to Ground and Flight standards. The Contractor shall demonstrate cooperative interaction and response to the assigned GFR and any NAVAIR oversight inspections, critiques, or comments.

4.6 Safety and Survival Equipment Requirements

Aircrew and Installed Aircraft Survival Equipment for carriage of personnel IAW OEM or 14 CFR requirements will be reviewed and approved by GFR and initially in the Navy Airworthiness process. Aircraft survival equipment for overwater operations shall meet requirements of 14 CFR § 91.509.

5.0 GOVERNMENT OVERSIGHT

A GFR or his 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 the requirements from 14 CFR and the Defense Contract Management Agency (DCMA) Instruction (INST) 8210.1C, Change 1 as delineated in this PWS. 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.

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. Maintenance personnel records to include, but not limited to, training records and required certification documentation.

5.1.1 FAA Inspection and Reviews

The Contractor shall notify the 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 that are PAO specific in the Contractor’s Progress, Status and Management Report (CDRL A006).

5.1.2 Aircraft Maintenance Management Team

In addition to GFR reviews, at a minimum every two years, a NAVAIR Aircraft Maintenance Management Team, under the direction of the Aircraft Controlling Custodian Office, will provide an outside evaluation of the contractor and the GFR, and assess the overall risks associated with the contract.

5.1.3 Government Notification

The Contractor shall report all aircraft accidents and incidents in accordance with their MRP, GOPs, FOPs and section 4.2.1.

5.1.4 Investigations

The Contractor shall cooperate and support accident and incident investigations conducted by the Government or a government investigation body. In the event that the U.S. DoD conducts an investigation, 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.

5.1.5 Hazard Reports and Engineering Investigations

In the event that a potential hazard is identified associated with the operation or a material issue associated with the aircraft, the Contractor shall notify the GFR to determine if further investigation is warranted in mitigating risks associated with potential future exposure.