DRAFT_PBWS_Aerial_Refueling_N00421-16-R-0032_r3FBO.pdf

N00421-16-R-0032 Attachment (1)

DRAFT

CONTRACTED AIR

SERVICES

AERIAL REFUELING

PERFORMANCE BASED

WORK STATEMENT

Revision 0.3

Distribution Statement A - Approved for Public Release; Distribution i s Unlimited NAVAIR Public Release SPR 2016-908

Contents

1.0 SCOPE

2.0 APPLICABLE DOCUMENTS

3.0 GENERAL REQUIREMENTS (applicable to all CLINs)

3.1 Conflict between Performance Work Statement and 14 CFR

3.2 Quality Control and Quality Assurance

3.2.1 Management

3.2.2 Policy and Procedures

3.2.3 Definitions and Glossary

3.3 Mission Planning

3.3.1 Mission Planning and Scheduling

3.3.2 Released by the Government

3.4 Personnel Requirements

3.4.1 Contractor personnel

3.4.2 Contractor Representative

3.4.3 Aircrew and Non-crewmembers…………

3.4.4 Maintenance Personnel

3.5 Security

3.5.1 Security Warning……

3.5.2 Physical Security

3.5.3 Information Security

3.5.4 Operational Security………………………………………………………………...10

3.5.5 Visit Requests

3.6 Basing

3.6.1 Basing

3.6.2 Hazardous Material

3.6.3 Operations and Maintenance

3.7 Government Furnished Information and Supplies (When Applicable)

3.8 Insurance Requirements

4.0 SPECIFIC REQUIREMENTS

4.1 Contract Line Item Number Descriptions

4.1.1 Contractor

4.1.2 Meetings and Communications

4.1.3 Long Term Scheduled Maintenance Requirements

4.1.4 Fixed Rate Work Tasks

4.1.5 Ground and Flight Operations

4.1.6 Contract Status

4.2 Aerial Refueler Aircraft (CLINs 0X01 and 0X02)

4.2.1 Performance Criteria

4.2.2 Simultaneous Presentation

4.2.3 Navy Airworthiness Certification

4.2.4 Public Aircraft Operations Status

4.2.5 Transient Military Aircraft

4.2.6 DD Forms 2400, 2401, and 2402

4.2.7 Flight Approval

4.2.8 Airworthiness Certification

4.2.9 Maintenance Program

4.2.10 Aeronautical Regulations

4.2.11 Accident and Incident Reporting

4.2.12 Waiver Requests

4.2.13 Aircraft Modifications

4.2.14 Experimental Certificates

4.2.15 General Deployments

4.2.16 Communication and Navigation Capability

4.3 Equipment Installer or Maintainer (CLIN 0X04)

4.4 Aircrew in Non-Flying Status (CLIN 0X05)

4.5 Travel/PerDiem (CLIN 0X08)

4.6 Material (CLIN 0X09)

4.7 Performance Metrics

Appendix (1). Potential Bases of Operation and Deployments Worldwide

Appendix (2). Acronym List

1.0 SCOPE

The Naval Air Systems Command (NAVAIR) PMA 226 Contracted Air Services (CAS) program provides Contractor owned, operated, and maintained aerial refueling aircraft to the Department of the Navy (DoN) Fleet and Test customers for air-to-air refueling requirements.

Locations include multiple continental United States (CONUS) 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.

2.0 APPLICABLE DOCUMENTS

DoD 5220.22-M National Industrial Security Program Operation Manual (NISPOM) http://www.dtic.mil/whs/directives/corres/html522022m.htm

DoD 5500.7R Joint Ethics Regulation (JER)

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

AFI 10-1001 Civil Aircraft Landing Permits

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

Office of the Chief of Naval Operations Instruction (OPNAVINST) 3710.7U - Naval Air Training and Operating Procedures Standardization (NATOPS) General Flight and Operating Instructions

Title 14, Code of Federal Regulations (14CFR)

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

DoD Instruction 4715.4 Pollution Prevention

Defense Contract Management Agency (DCMA) Instruction 8210.1

NAVAIRINST 13034.1E – Flight Clearance Policy for Air Vehicles and Aircraft Systems.

Various Local Base Directives – As Directed

3.0 GENERAL REQUIREMENTS (applicable to all CLINs)

3.1 Conflict between Performance Work Statement and 14 CFR

For clarity, all references to the Federal Aviation Regulation in this Performance Based Work Statement (PBWS) 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 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 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 support or ensure Contractor compliance with any or all contractual requirements.

3.2.1 Management

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

3.2.2 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

3.2.3 Definitions and Glossary

Aborted Mission. Aborted missions are any missions that are not completed as a result of Contractor Furnished Equipment (CFE) malfunction, contractor personnel, or other contractor error or failure to provide air-to-air refueling services. If the Government aborts a mission after take-off for any reason, the Contractor shall be reimbursed for the flight time from takeoff (lift-off) to landing (touchdown) plus 15 minutes if the flight duration is greater than 120 minutes. If the Government aborts a mission prior to 120 minutes of flight time, the Contractor shall be reimbursed for the flight IAW the definition of 'Minimum Mission Flight Time' in this section.

Augmented Mission Support personnel. Additional requirement above the standard mission support personnel to meet the mission tasking. Augmented mission support personnel shall require prior approval by Scheduling Officer.

Commercial-derivative aircraft. Aircraft originally designed, developed, manufactured by commercial companies and certified by the Federal Aviation Administration (FAA) (or equivalent foreign agency) with a Standard Airworthiness Certificate, to perform civilian flying missions.

Contractor Maintenance Facility. The location where the aircraft will be while in a non-operational status without a crew assigned. Any costs to position the aircraft while in a non-operational status away from home base are the responsibility of the contractor.

Ferry Flights. Flights to/from the contractor maintenance facility for the sole purpose of performing maintenance to the aircraft.

Ferry Missions. A flight flown at the direction of the Government for the purpose of repositioning contractor aircraft.

Flight Operations. Periods of flight activity supported out of the contractor's maintenance facility and operating sites.

GFR. Government Flight Representative is a US Military officer or similarly qualified civilian with the responsibility for oversight of public aircraft operations conducted by commercial contractors.

Former military aircraft. Aircraft specifically designed, developed, and manufactured to perform unique military missions and certified by a US or foreign military agency to perform those missions.

Minimum Mission Flight Time. The minimum mission flight time is 120 minutes.

Mission Flight Time. The mission flight time will be defined as from time of take off to landing plus 15 minutes.

Operational status. A time when the aircraft has at least a standard crew attached and is at, or in transit to, a location to perform a mission.

OIP. Oversight Inspection Program

Standard Mission Support Personnel. Consists of three flight crew members (Captain, First Officer, Flight Engineer/Aerial Refueling Panel Operator), two mechanics, and one Mission Coordinator/Ops officer per aircraft.

Successful Mission. A mission will be considered successful if the aircraft is flying and providing scheduled service in the scheduled operating area or location. If desired service cannot be provided due to malfunction(s) of equipment the Government is required to maintain or through Government direction to cancel a mission once airborne, the contractor shall be reimbursed IAW 'Minimum Mission Flight Time' as described in this section.

3.3 Mission Planning

3.3.1 Mission Planning and Scheduling

a. Under the Commander, Naval Air Systems Command, PMA-226 is the overall CAS Program Manager. Depending on the mission and the customer, PMA-226 will designate Scheduling Officers to execute administrative tasks such as mission scheduling and coordination, travel order issuance and liquidation, and invoice certification. The Contractor Representative (CR) shall coordinate with the SO on all formal requests for air-to-air 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.

b. 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. The contractor should coordinate as far in advance as possible when maintenance will preclude availability of any tanker aircraft, so that supportable commitments can be adjusted. The contractor shall inform the government if any tanker aircraft are not able to meet currently assigned or future missions.

c. The designated SO for all PMA-226 CNAF tanker missions is the Commercial Air

Services Office at Fleet Area Control and Surveillance Facility (FACSFAC) Virginia Capes (VACAPES). The designated SO for other PMA-226 tanker missions is the RDT&E Schedules Office for PMA-226 at NAS Paxtuxent River, Maryland.

Scheduling conflicts within the confines of this contract will decided by CNAL N31A. The government may change the SO during the course of the contract.

d. The SO’s 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/Augmented Mission Support Personnel, as defined in paragraph 3.2. 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 notification as possible to dispatch a tanker for additional tasking. 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.

Additional tasking is defined as a new requirement, not previously scheduled during a 72 hour period when an aircraft is not dispatched on official government orders.

e. The Government may or may not order flight services on any given day.

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

The Government will NOT pay for any contractor flight or any other action that the SO did not authorize prior to the flight or action. Additionally, the Government will NOT reimburse the contractor as a direct cost for ferry flights to/from the contractor maintenance facility for the sole purpose of performing maintenance to the aircraft.

g. If missions extend past the 14 hour day additional crews maybe authorized by the SO via a written request or a phone call with a written request following the phone call.

3.3.2 Released by the Government

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

3.4 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.

3.4.1 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 readily identifiable as contract employees through appropriate attire and badges while performing services under this contract.

3.4.2 Contractor Representative

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 Contractor Representative shall have authority to schedule and assign contractor aircraft and crews in response to Government requirements. The Contractor Representative shall interface between the Government and the contractor and shall:

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

(2) Develop short and long term flight hour and travel estimations to assist the

Government, when required, in determining the most effective and efficient operations of contractor aircraft.

(3) 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.

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

(5) 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, air-to-air refueling (AAR) location, on station times, altitudes, boom frequencies, etc.

(6) 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.

(7) During operations, the duties of the Contractor's Representative, Senior Pilot, or other company personnel shall include:

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

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

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

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

(8) Provide comprehensive mission debrief 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.

3.4.3 Aircrew and Non-crewmembers

The aircrew includes pilots and co-pilots. Non-crewmembers include other mission essential personnel aboard the aircraft during flight.

3.4.3.1 Pilot In Command. The Pilot In Command (PIC) shall have the final authority to determine whether an aircraft is airworthy, whether to launch or to terminate a mission, and to deny boarding to anyone.

3.4.3.2 Scheduling. Aircrew flight time limits, duty, and rest requirements shall, at minimum, comply with OPNAVINST 3710.7.

3.4.3.3 Minimum Qualifications. Pilots shall meet all of the following minimum qualifications of 14 CFR Part 61 (.55, .57, and .58) and 91. Additionally each pilot shall have an FAA Letter of Authorization (LOA) in proposed aircraft, current FAA Class 2 Medical Rating, and FAA Commercial Pilot.

3.4.3.4 Flight Crews. Flight crews shall be trained, qualified, and scheduled in accordance with FAA Part 91 flight standards. All crew members shall be familiar with mission responsibilities, contract requirements, and brevity code words and training rules specified in ATP 1 B, ATP 56B, AFI 11-214 and FAA Handbook 7610.4 (most current suffix).

3.4.5 Maintenance Personnel

Individual maintenance personnel shall possess specialized technical expertise required to support the contractor's fleet. All shall be trained to accomplish tasks such as aircraft towing, refueling/defueling, recovery, and aircraft deicing, etc. using contractor-developed procedures.

Where applicable, these individuals shall be Government-certified before performing such operations on military airfields and possess appropriate licenses if applicable. The Contractor shall coordinate with the Government to obtain the qualifications and licenses. Any travel required to obtain government qualifications will be covered under the travel/per diem CLIN and must be approved by the SO and COR.

3.5 Security

3.5.1 Security Warning

Performance under this contract may involve access to information affecting the national defense of the United States within the meaning of the Espionage Laws, 18 USC §§ 793-94.

The transmission or revelation of the content of any classified information or any classified matter in any manner to an unauthorized person is prohibited by law.

3.5.2 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.

3.5.3 Information Security

All contractor personnel who deal with any classified material shall have an 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 CONFIDENTIAL security clearances.

The contractor shall possess a CONFIDENTIAL facility clearance within 90 days after contract award.

The work performed under contract as delineated in the DD Form 254 will involve contractor access to CONFIDENTIAL material at a Government or another contractor’s facility and handling classified material up to and including CONFIDENTIAL when required at the contractor’s facility.

3.5.4 Operational Security

The contractor shall develop/submit an Operational Security (OPSEC) Plan in accordance with DD Form 1423, Contract Deliverable Requirements List (CDRL) A003.

3.5.5 Visit Requests

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

3.5.5.1 Contracting Officer Representative Approval. Requests for visits shall be forwarded to the COR. Access to NAS Patuxent River, Maryland and most DoD installations may require prior approval.

3.5.5.2 Foreign Nationals Approval. 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. At least two weeks should be allowed for this clearance.

3.5.5.3 Adequate Identification. All persons shall report to the NAS 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.

3.6 Basing

3.6.1 The contractor shall provide basing for aircraft. At all locations the contractor shall provide all equipment and facilities required to support operation and maintenance of the aircraft. The government may provide ground support equipment (GSE) if operating from a military installation, if available on a non-interference basis. In addition, the contractor shall maintain an internet electronic mail account to receive and coordinate mission information, tasking, and general administrative matters.

3.6.2 Hazardous Material

The contractor shall adhere to federal, state, and local laws, regulations and instructions at each operating base for handling and temporary storage of hazardous materials, Class 1 Ozone Depleting Compounds (ODC) and Ozone Depleting Substances (ODS), and shall comply with DoD Instruction 4715.4, Pollution Prevention.

3.6.3 Operations and Maintenance

At the permanent bases, the Contractor shall provide all equipment and supplies required to support operation and maintenance of the aircraft to meet performance requirements.

3.7 Government Furnished Information (GFI) and Supplies (When Applicable)

The Government will provide:

A. Copies of all agreements with Bases (for example, MOA, MOU, or Inter Service Support Agreement (ISSA)).

B. The 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.

C. Services. When the Contractor uses Government bases, the Government will provide:

(1) Utilities: Electricity, water, heat, and sewage service (in Government facilities) necessary for contract performance.

(2) Postal and installation distribution. The Contractor is authorized to use military postal services at overseas locations.

(3) Telephone, security police, fire protection, and emergency hospitalization, if available. Telephone numbers for security police and fire department will be provided to the Contractor's representative at each operating location prior to beginning service. Where available, emergency hospital services will be provided to Contractor personnel on a reimbursable basis.

(4) U.S. Customs service will be administered in accordance with standard base practice for military aircraft.

(5) Local Class A telephone service, including Defense Switched Network and Federal Telephone system (DSN and FTS) service (if available) Commercial local and long distance calls will be at the Contractor's expense.

(6) The Contractor will have access to Host Unit and Base maintenance shops and hangar space on a non-interference Government supervised basis if available to accomplish necessary routine aircraft or equipment repair and for severe weather shelter.

(7) The Contractor will have use of common ground support equipment and special tools and test equipment on a non-interference basis. Specific items will be determined by unit capability and negotiated with the host base. The Contractor shall obtain this equipment through the appropriate maintenance shop, signing a hand receipt for each piece of equipment or tool. The Contractor shall be responsible for returning borrowed equipment and tools within the time specified on the hand receipt in the same operating condition as when obtained. The Contractor must be aware that operational unit and base needs will, in all cases, supersede Contractor needs and will not be subject to dispute.

(8) The host base will provide sufficient GSE to support contractor tanker operations, including as a minimum, an air cart (Huffer), ground power cart, nitrogen and oxygen service, moveable stairs (if available), and lavatory servicing (if available).

(9) The host base will provide deicing equipment on a non-interference basis if available if such equipment is necessary to provide services under this contract;

(10) The host base will provide access to Base Operations Flight Planning, Weather, and Services facilities on a non-interference basis if available and the use of those facilities in the performance of work under this contract.

(11) The Government will provide local radio clearance for use by the Contractor in sovereign U.S. territory only.

(12) Any GFE shall be reported in accordance with CDRL 005.

3.8 Insurance Requirements

The contractor shall possess not less than $100,000,000.00 single limit Hull and All Risk Aircraft Insurance. An approved program of self-insurance, as provided in FAR 28.308, may be substituted.

4.0 SPECIFIC REQUIREMENTS

4.1 CONTRACT LINE ITEM NUMBER (CLINS) DESCRIPTIONS

a) CLIN 0X01 – Flight Minutes - Minimum. 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 flights are not allowable for reimbursement under these CLINs.

b) CLIN 0X02 – Flight Minutes- Maximum. For use when Minimum Flight Minutes are exceeded.

c) CLIN 0X03 – Administrative / Technical Data. Not Separately Priced (NSP) data in accordance with CDRLs A001 – A006.

1) CDRL A001- Data Supporting IFC

2) CDRL A002- Fuel Consumption Report

3) CDRL A003- OPSEC Plan

4) CDRL A004- Progress, Status Report

5) CDRL A005- GFE

6) CDRL A006-Standard Operating Procedures

d) CLIN 0X04 - Government Furnished Equipment (GFE) Installer/Maintainer and Maintenance Personnel. The contractor shall provide personnel to install, remove, and maintain GFE. Normal aircraft reconfiguration efforts shall not be charged to this CLIN. (See PBWS paragraph 4.3 for further details.)

e) CLIN 0X05 – Pilot/Aircrew in Non-Flying Status. The contractor shall provide pilot(s)/aircrew for performing services other than flying, e.g., attending advanced meetings, scheduling meetings, briefs and debriefs and other non-flying requirements, to include obtaining special qualifications not required for normal CONUS based operations that are not function of flying, including time spent in a travel status. This CLIN is also used to cover services or time providing complex international flight planning guidance and assistance. Written advance authorization by the SO, after the PCO issues the task order, is required prior to utilization of this CLIN.

f) CLIN 0X06 – Pilot Captain in Non-Flying Status. When deployed, the contractor will be reimbursed for Pilot Captain in Non-Flying Status when no flight operations are planned on any day for that individual Pilot Captain. CLIN 0X08 will be billed each of the approved dates at 4 hours per day. Written advanced authorization by the SO, after the PCO issues the task order, is required prior to utilization of this CLIN.

g) CLIN 0X07 – Pilot First Officer & Flight Engineer in Non-Flying Status. When deployed, the contractor will be reimbursed for Pilot First Officer(s) and/or Flight Engineer(s) when no flight operations are planned on any day for those individual Pilot First Officer(s) and Flight Engineer(s). The Pilot First Officer is the second in command. The Flight Engineer performs a variety of duties including, but not limited to, fuel monitoring, engine monitoring, air-to-air operator, and logistics support. CLIN 0X09 will be billed each of the approved dates at 4 hours per day. Written advance authorization by the SO, after the PCO issues the task order, is required prior to utilization of this CLIN.

h) CLIN 0X08 – Travel/ Per Diem

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 (See PBWS paragraph 4.5 for further details.)

i) CLIN 0X09 – Material. Material provided under this line item is over and above any material priced in the flight minute unit price as material necessary to perform the services specified in the PBWS. Examples of allowable charges to this line item include, but are not limited to: cost of fuel when government fuel is unavailable, airport use charges, deicing charges, landing fees, the costs of en route flight planning, navigation and over flight rights, Aircraft cleaning and lavatory services fees for OCONUS operations when the carriage of mission essential personnel is required as part of the mission. (These charges are allowable, but shall not have the material handling rate applied). Allowable charges for which a handling rate will be applicable are material and shipping costs incurred by the contractor at the direction of the PCO.

The contractor shall be reimbursed for Material/Shipping costs, authorized by the PCO in writing, on the basis of actual payment for material/shipping procured directly for the contract. The material handling rate shall not be applicable to this CLIN for other charges such as airport use charges, landing fees, the cost of fuel when Government provided fuel is not available, en route flight planning, navigation and over flight rights, and airfield landing fees and ramp charges. The handling rate percentage shall not include profit or any other markups. Prior to commencement of the contract, a ceiling handling rate will be established for the life of the contract, subject to only a downward adjustment upon reconciliation by DCMA. The contractor's invoices shall include receipts or other evidence substantiating actual costs incurred for authorized material/shipping. Any additional material will be identified under a separate delivery/task order and shall be negotiated separately. (See PBWS paragraph 4.6 for further details.)

With prior written COR approval, costs for obtaining or modifying Supplemental Type Certificates (STC’s) not listed elsewhere in the contract are allowable costs under this line item.

The Government will receive unlimited rights as defined by DFARS 252.227-7013 for any STC or STC modification developed and reimbursed under this contract.

4.1.1 Contractor

The Contractor shall report all Contractor labor hours (including subcontractor labor hours) required for performance of services under this contract for the Naval Air Systems Command (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.

4.1.2 Meetings and Communications

4.1.2.1 Post-award Conference (PAC). The Contractor shall attend a Post-award Conference 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.

4.1.2.2 Program Management Reviews. The Government will schedule and conduct Program Management Reviews (PMR) on a semi-annual basis at Naval Air Systems Command (NAVAIRSYSCOM) Program Management Air (PMA)-226, the Contractor’s facility, or as directed by the COR. The Contractor shall attend all program reviews and make a presentation consisting of the following:

A. Overview of the work accomplished to date of the PMR or since last review and 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 to resolve the problems.

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

E. All travel associated with PMRs shall be billed to Travel CLIN in response to a Government issued Task Order. A maximum of three Contractor representatives will be authorized, additional personnel will require COR or SO approval.

4.1.2.3 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 0X08, incurred during these additional reviews.

4.1.3 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

4.1.4 Fixed Rate Work Tasks

4.1.4.1 Fuel. This is a “dry” contract. The Government will provide access to fuel at U.S.

Government bases and civil fields. 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. U.S. Government contract fuel is available worldwide for the Contractor’s use during contract performance.

4.1.4.2 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.

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

B. Print the Certificate of Completion and fax a copy to the Program Manager to be kept on file.

C. 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. The Government will audit all fuel receipts and flight logs provided by the contractor to the Government.

4.1.5 Ground and Flight Operations

The Contractor shall update and execute specific written procedures to address all ground and flight operations items. These written procedures are due 30 days after contract award (CDRL 06). The Contractor shall not begin flight operations until the procedures have been approved in writing by the CAS 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. If the Contractor possesses a 14 CFR Part 135 operating certificate, the associated FAA-approved Part 135 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.

4.1.5.1 Contractor Responsibility. The Contractor shall comply with the 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 procedures in place to meet these requirements.

4.1.5.2 Inspection. A CAS GFR or his 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 Ground and Flight Operations Procedures 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.

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

4.1.5.3.1 Maintenance, preventive maintenance, and alteration organization.

A. The Contractor that performs any of its maintenance (other than required inspections), preventive maintenance, or alterations, and each person with whom it arranges for the performance of that work, shall have an organization adequate to perform the work.

B. The Contractor that performs any inspections required by its manual under paragraph

4.1.5.3.3(b) (2) or (3), (referred to as required inspections), and each person with whom it arranges for the performance of that work, shall have an organization adequate to perform that work.

C. Each person performing required inspections in addition to other maintenance, preventive maintenance, or alterations, shall organize the performance of those functions so as to separate the required inspection functions from the other maintenance, preventive maintenance, and alteration functions. The separation shall be below the level of administrative control at which overall responsibility for the required inspection functions and other maintenance, preventive maintenance, and alteration functions is exercised.

4.1.5.3.2 Maintenance, preventive maintenance, and alteration programs.

The Contractor shall establish and maintain an inspection program and a program covering other maintenance, preventive maintenance, and alterations that ensures that:

A. Maintenance, preventive maintenance, and alterations performed by it, or by other persons, are performed under the Contractor’s manual;

B. Competent personnel and adequate facilities and equipment are provided for the proper performance of maintenance, preventive maintenance, and alterations; and

C. Each aircraft released to service is airworthy and has been properly maintained for operation under the contractual requirements.

4.1.5.3.3 Manual Requirements.

A. The Contractor shall establish and maintain a manual that includes a chart or description of the Contractor’s organization and a list of persons with whom it has arranged for the performance of any of its required inspections, other maintenance, preventive maintenance, or alterations, including a general description of that work.

B. The Contractor shall establish and maintain in the programs required by paragraph

4.1.5.3.2 that must be followed in performing maintenance, preventive maintenance, and alterations of that Contractor’s aircraft, including airframes, aircraft engines, propellers, rotors, appliances, emergency equipment, and parts, and must include at least the following:

(1) The method of performing routine and non-routine maintenance (other than required inspections), preventive maintenance, and alterations;

(2) A designation of the items of maintenance and alteration that must be inspected

(required inspections) including at least those that could result in a failure, malfunctions, or defect endangering the safe operation of the aircraft, if not performed properly or if improper parts or materials are used;

(3) The method of performing required inspections and a designation by occupational title of personnel authorized to perform each required inspection;

(4) Procedures for the re-inspection of work performed under previous required inspection findings (buy-back procedures);

(5) Procedures, standards, and limits necessary for required inspections and acceptance or rejection of the items required to be inspected and for periodic inspection and calibration of precision tools, measuring devices, and test equipment.

(6) Procedures to ensure that all required inspections are performed;

(7) Instructions to prevent any person who performs any item of work from performing any required inspection of that work;

(8) Instructions and procedures to prevent any decision of an inspector regarding any required inspection from being countermanded by persons other than supervisory personnel of the inspection unit, or a person at the level of administrative control that has overall responsibility for the management of both the required inspection functions and the other maintenance, preventive maintenance, and alterations functions;

(9) Procedures to ensure that required inspections, other maintenance, preventive maintenance, and alterations that are not completed as a result of work interruptions are properly completed before the aircraft is released to service.

C. The Contractor shall put in its manual a suitable system (which may include a coded system) that provides for the retention of the following information:

(1) A description (or reference to data) of the work performed;

(2) The name of the person performing the work if the work is performed by a person outside the organization of the Contractor; and

(3) The name or other positive identification of the individual approving the work.

D. The Contractor must prepare that part of its manual containing maintenance information and instructions, in whole or in part, in printed form or other form, acceptable to the CAS GFR, that is retrievable in the English language.

4.1.5.3.4 Required Inspection Personnel. The Contractor shall establish and maintain a required inspection program that complies with the following:

A. The Contractor shall not use any person to perform required inspections unless the person performing the inspection is appropriately certificated, properly trained, qualified, and authorized to do so.

B. The Contractor shall not allow any person to perform a required inspection unless, at the time, the person performing that inspection is under the supervision and control of an inspection unit.

C. Except as provided for in paragraph (d) of this section, no person may perform a required inspection if that person performed the item of work required to be inspected.

D. For maintenance conducted in the field, required inspections may be performed by a person that participated in the item of work provided that:

(1) The person performing the required inspection is authorized in accordance with paragraph (a) of this section.

(2) The person performing the required inspection is not the same person signing off on the completion of the maintenance action.

(3) At the time the person is performing the required inspection that person is under the supervision and control of an inspection unit.

E. The Contractor shall maintain, or shall determine that each person with whom it arranges to perform its required inspections maintains, a current listing of persons who have been trained, qualified, and authorized to conduct required inspections. The persons must be identified by name, occupational title and the inspections that they are authorized to perform. The Contractor (or person with whom it arranges to perform its required inspections) shall give written information to each person so authorized, describing the extent of that person's responsibilities, authorities, and inspectional limitations. The list shall be made available for inspection by the CAS GFR upon request.

4.1.5.3.5 Continuing Analysis and Surveillance. The Contractor shall establish and maintain a system for the continuing analysis and surveillance of the performance and effectiveness of its inspection program and the program covering other maintenance, preventive maintenance, and alterations and for the correction of any deficiency in those programs, regardless of whether those programs are carried out by the Contractor or by another person.

4.1.5.3.6 Maintenance and Preventive Maintenance Training Program. The Contractor shall establish and maintain a training program to ensure that each person (including inspection personnel) who determines the adequacy of work done is fully informed about procedures, techniques, and new equipment in use and is competent to perform that person's duties.

4.1.5.3.7 Certificate Requirements. The Contractor shall establish and maintain a program to ensure the following certificate requirements:

A. Except for maintenance, preventive maintenance, alterations, and required inspections performed by a certificated repair station that is located outside the United States, each person who is directly in charge of maintenance, preventive maintenance, or alterations, and each person performing required inspections must hold an appropriate airman certificate.

B. For the purpose of this section, a person directly in charge is each person assigned to a position in which that person is responsible for the work of a shop or station that performs maintenance, preventive maintenance, alterations, or other functions affecting airworthiness. A person who is directly in charge need not physically observe and direct each worker constantly but must be available for consultation and decision on matters requiring instruction or decision from higher authority than that of the person performing the work.

4.1.5.3.8 Maintenance Recording Requirements. The Contractor shall establish and maintain a maintenance recording process that complies with the following:

A. The Contractor shall keep (using the system specified in the manual required in paragraph 4.1.5.3.3) the following records for the periods specified in paragraph 8(b) of this section:

(1) All the records necessary to show that all requirements for the issuance of an airworthiness release under paragraph 4.1.5.3.9 have been met;

(2) Records containing the following information:

a. The total time in service of the airframe, engine, propeller, and rotor;

b. The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance;

c. The time since last overhaul of each item installed on the aircraft which are required to be overhauled on a specified time basis;

d. The identification of the current inspection status of the aircraft, including the time since the last inspections required by the inspection program under which the aircraft and its appliances are maintained;

e. The current status of applicable airworthiness directives, including the date and methods of compliance, and, if the airworthiness directive involves recurring action, the time and date when the next action is required;

f. A list of current major alterations and repairs to each airframe, engine, propeller, rotor, and appliance.

B. The Contractor shall retain the records required to be kept by this section for the following periods:

(1) Except for the records of the last complete overhaul of each airframe, engine, propeller, rotor, and appliance the records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for one year after the work is performed;

(2) The records of the last complete overhaul of each airframe, engine, propeller, rotor, and appliance shall be retained until the work is superseded by work of equivalent scope and detail.

C. The Contractor shall make all maintenance records required to be kept by this section available for inspection by the CAS GFR or any representative of a Government mishap investigation team.

4.1.5.3.9 Airworthiness Release or Aircraft Maintenance Log Entry. The Contractor shall establish and maintain an airworthiness release or aircraft maintenance log entry process that complies with the following:

A. The Contractor may not operate an aircraft after maintenance, preventive maintenance, or alterations are performed on the aircraft unless the Contractor prepares, or causes the person with whom the Contractor arranges for the performance of the maintenance, preventive maintenance, or alterations, to prepare:

(1) An airworthiness release; or

(2) An appropriate entry in the aircraft maintenance log.

B. The airworthiness release or log entry required by paragraph (a) of this section must:

(1) Be prepared in accordance with the procedure in the Contractor’s manual;

(2) Include a certification that:

a. The work was performed in accordance with the requirements of the Contractor’s manual;

b. All items required to be inspected were inspected by an authorized person who determined that the work was satisfactorily completed;

c. No known condition exists that would make the aircraft un-airworthy; and

d. So far as the work performed is concerned, the aircraft is in condition for safe operation; and

(3) Be signed by an authorized certificated mechanic or repairman, except that a certificated repairman may sign the release or entry only for the work for which that person is employed and for which that person is certificated.

C. Notwithstanding paragraph (b)(3) of this section, after maintenance, preventive maintenance, or alterations performed by a repair station located outside the United States , the airworthiness release or log entry required by paragraph (a) of this section may be signed by a person authorized by that repair station.

D. Instead of restating each of the conditions of the certification required by paragraph (b) of this section, the Contractor may state in its manual that the signature of an authorized certificated mechanic or repairman constitutes that certification.

4.1.5.3.10 Foreign Object…