PWS Sources Sought.pdf

Version Dated: 1 January 2014

PERFORMANCE WORK STATEMENT

FOR

U.S. NAVY LEGACY FLIGHT PROGRAM (NLFP)

SUPPORT SERVICES

PART 1

GENERAL INORMATION

1. General. This is a non-personal services contract to provide Airshow and event support (both CONUS and OCONUS) as directed/scheduled by Commander Naval Air Forces (CNAF) and Chief of Naval Air Training (CNATRA) in support of COMNAVAIRPAC/COMNAVAIRLANT INSTRUCTION 3700.2D. The Government will not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. Description of Services/Introduction. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform support and fly Legacy Flight demonstrations in support of Navy Community Outreach events as defined in this Performance Work Statement (PWS). The Contractor shall perform to the standards in this contract.

1.2. Background. Demonstrating the rich history of Naval Aviation to the civilian community enhances DON recruiting and community relations programs. Operation of vintage warbirds in aerial demonstrations with current Navy and Marine Corps aircraft is a direct and impactful way of relating Naval history to current capabilities. Commander, Naval Air Forces is authorized to establish, implement, and fund a Legacy Flight Program for Navy and Marine Corps aircrew and vintage aircraft pilots to train and safely fly in formation at public airshows and open house events that benefit DON outreach programs. This effort provides for Contractor support of this program.

1.3. Objectives. The objective of this contract is to support Navy Community Outreach as directed by DoD Directive 5410.18, DoD Instruction 5410.19, SECNAVINST 5720.44, and

OPNAVINST 3710.7.

1.4. Scope. The Contractor shall be responsible for providing legacy warbird and pilot services and products in support of the Navy Legacy Flight Program (NLFP) as delineated in

COMNAVAIRPAC/COMNAVAIRLANT INSTRUCTION 3700.2D.

1.4.1 The Contractor shall support and fly in demonstrations for approximately 50 open houses, airshows, and other events such as parades, sporting events, funerals, etc. per year both CONUS and OCONUS as stated in 1.7.1. The Government reserves the right to recoup funds for unused events.

1.4.2 The Contractor shall conduct pre-season Annual Training in order to be awarded an FAA demonstration certificate.

1.4.3 The Contractor shall attend the International Council of Airshows (ICAS) annual convention and other conferences as directed.

1.4.4 The Contractor shall submit quarterly reports that capture flight hours, hotel, airfare, meals and incidentals.

1.4.5 The Contractor shall comply with all applicable laws and regulations, including but not limited to Federal Law, State Law(s), Occupational Safety and Health Administration (OSHA) regulations, Navy and installation regulations.

1.5. Period of Performance. The period of performance shall be for one (1) Base Year of 12 months and four (4), 12-month option years. The Period of Performance reads as follows:

Base Period (1 year): 15 March 2025- 14 March 2026

Option Period 1 (1 year): 15 March 2026- 14 March 2027 Option Period 2 (1 year): 15 March 2027- 14 March 2028 Option Period 3 (1 year): 15 March 2028- 14 March 2029 Option Period 4 (1 year): 15 March 2029- 14 March 2030 Option to Extend per 52.217-8: as needed, up to six months of service

1.6. Hours of Operation.

1.6.1. Normal Duty Hours. The Contractor is required to support Navy Community Outreach including on Federal holidays, weekends, and outside of normal duty hours. Airshow events will typically include an arrival on Thursday or Friday (as stipulated by the supported fleet replacement squadron demonstration team), performances throughout the weekend, and a Sunday departure.

1.6.2. Federal Government Holidays. Many Navy Community Outreach events are performed on to the Federal Government Holiday schedule. The vendor is expected to perform when required, even on Government Holidays.

1.7. Place of Performance. The work for this contract will be performed at locations as specified annually to support CNAF and CNATRA Navy Community Outreach events. These events are published by CNAF the preceding December for the next year’s airshow season at the International Council of Air Shows annual convention and are retrievable on that website.

https://www.facebook.com/rhinodemoteam/timeline/ All eligible events are posted on the Navy Community Outreach website. https://outreach.navy.mil/Eligible-Events/

1.7.1 Schedule of events. See Attachment One for tentative Airshows.

1.7.1.1 ICAS Training. ICAS Convention (Las Vegas) 09 DEC 2024-12 DEC 2024

ICAS convention is a lectures conference held at Paris Hotel 3655 S. Las Vegas Blvd, Las Vegas, NV 89109 where TACDEMO teams will select their preferred airshows for the 2025 season. CNATRA requires two to four pilots to be in attendance. Conference covers air-show-related issues, including safety, regulatory concerns, industry standards and best practices, interaction with the military, and professional ethics. Covering 2024 ICAS membership, ICAS booth fee, booth hook-ups, ICAS registration, airfare, hotel parking taxi from airport, taxi to airport, and Per Diem (M&I.)

1.7.1.2 Annual Training. The contractor will be required to participate in annual training events with their associated fleet replacement squadron counterpart prior to the airshow season. The airshow season is March through November of each year. Historically training has been at Norfolk Virginia, NAS Lemoore, NAS Oceana and El Centro California. Contractor shall plan to attend training in February. These training events are to ensure standardization, coordination, and FAA certification/compliance.

1.7.1.3 Airshow. The Contractor will be required to perform at 33 airshows listed in Attachment One. This schedule is tentative and the Government reserves the right to change as needed.

1.7.1.4 Other Events. The Contractor will be required to perform at 17 other events as needed, which may include parades, sporting events, funerals, etc. per year CONUS and possibly OCONUS. The Government reserves the right to change as needed.

1.8. Type of Contract. The Government will award a Firm Fixed Price contract.

1.9. Quality Control. Quality Control is the responsibility of the Contractor. The Contractor is responsible for the delivery of quality services to the Government in accordance with (IAW) the terms and conditions contained in Federal Acquisition Regulation (FAR) Subpart 52.212-4 entitled, “Contract Terms and Conditions - Commercial Items” (52.246-1 entitled, “Contractor Inspection Requirements” for non-commercial under SAT, 52.246-1 for over SAT) and applicable sub-clauses pertaining to quality control.

1.9.1. The Contractor shall develop, implement and maintain an effective Quality Control System which includes a written Quality Control Plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The Contractors’ QCP must contain a systematic approach to monitor operations to ensure acceptable services are provided to the Government.

The QCP, as a minimum, shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent re-occurrence of discrepancies; procedures for trend analysis; procedures for collecting and addressing customer feedback/complaints. The Contractor shall provide to the Government their quality control documentation within five (5) calendar days after contract award, one electronic copy of a comprehensive written QCP shall be submitted to the KO and COR, electronic copies shall be in Adobe PDF or MS Office; changes to the QCP after award shall be submitted to the KO and COR in an electronic copy within five

(5) calendar days prior to the proposed changes thereafter. After acceptance of the quality control plan the Contractor shall receive the Contracting Officer’s acceptance in writing of any proposed change to their QC System regarding this contract.

1.9.2. Corrective Actions. At any time it is determined by the KO that the quality control system, personnel, instructions, controls, tests, or records are not providing results which conform to contract requirements, action shall be taken by the Contractor to correct the deficiency. If a Contract Deficiency Report (CDR) is issued the Contractor shall develop a Corrective Action Plan (CAP) which identifies the root cause, Corrective Action (CA) for the root cause, CA for the specific non-conformance and CA to the root cause to prevent recurrence and a corrective action including the timeline for completion.

1.10. Quality Assurance. The Government will evaluate the Contractor’s performance under this contract in accordance with (IAW) the Quality Assurance Surveillance Plan (QASP). This plan is a Government only document primarily focused on what the Government must do to assure that the Contractor has performed IAW the requirements of the contract. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable deficiency rate(s) as illustrated within the PWS and Performance Requirements Summary (PRS). All performance ratings will use (Exceptional, Very Good, Satisfactory, Marginal, or Unsatisfactory), as defined in FAR subpart 42.15, Contractor Performance Information. The Government reserves the right to conduct compliance surveillance of any contractual requirement of this acquisition.

1.10.1. Contracting Officer’s Representative (COR). The COR Tracking (CORT) Tool [Wide Area Work Flow (WAWF) e-Business https://wawf.eb.mil/] for nomination, tracking, documentation, and management of CORs will be used. The COR will be identified by separate letter. The COR monitors all technical aspects of the task order and assists in contract administration. The COR is authorized to perform the following functions: Assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements; monitor Contractor's performance and notify both the KO and Contractor of any deficiencies; and facilitate site entry for Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.10.2. Post Award Conference/Periodic Progress Meetings. The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office IAW FAR Subpart 42.5, Post Award Orientation. The contractor and COR shall meet annually in conjunction with the ICAS annual convention. Periodic telephonic/virtual meetings between the COR and contractor will be on an “as required” basis in the interest of flight safety. The contractor shall attend preseason training events as described in the

COMNAVAIRPAC/COMNAVAIRLANT INSTRUCTION 3700.2D.

1.11. Security. The Contractor is not required to obtain a specific security clearance in order to perform work. The Contractor and its employees will periodically need to coordinate for base access during training events (west coast demo at NAS Lemoore and east coast demo at NAS Oceana) which will be coordinated ad hoc with CNAF/CNATRA. The Contractor is not required to maintain any permanent base or facility access.

1.12. Safety. The Contractor shall establish and maintain a safety plan of which a draft plan shall be submitted to the KO at the time of proposal. Contractor’s final Safety Plan shall be submitted no later than (NLT) 10 calendar days after contract award.

1.12.1. In order to provide safety control for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the Contractor shall comply with 29 CFR 1910, Occupational Safety and Health Standards. The Contractor shall comply with the above and all other applicable DOD, Navy, Federal, State and Local safety and health requirements.

1.12.2. Environment and OSHA. The Contractor shall comply with all local, State, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, State, and Federal environmental and occupational safety laws, rules, regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the KO or authorized representative for final resolution.

The Contractor shall notify the KO or authorized representative in writing in addition to any verbal notification of such conflict. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local State, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the KO or authorized representative to halt any and all Contractor performance with a commensurate deduction of monies due to the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of a serious hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall notify the KO or designated representative and COR.

1.12.3. Reporting Mishaps. The Contractor shall train personnel to recognize fire and safety hazards and encourage personnel in the performance of their duties to report fire and safety hazards and unsafe conditions to their supervisor. The Contactor shall take corrective action to remedy reported deficiencies IAW the terms of this contract. The COR shall be notified of deficiencies beyond the terms of this contract. The Contractor shall adhere to reporting of mishaps IAW OPNAVINST 5102.1D MCO P5102.1B, Navy & Marine Corps Mishap and Safety Investigation, Reporting, And Record Keeping Manual. In addition the Contractor shall report injury or occupational illness to on-duty Contractors and Contractor accidents involving Navy property and personnel.

1.12.4. Emergency Services.

a. The Contractor shall have competent personnel trained and capable of dealing with minor personnel injuries. The Contractor of their employees shall immediately notify their supervisor of any accident requiring emergency medical treatment. The Contractor shall, in turn, notify the KO or COR within 24 hours of the incident.

b. Emergency medical treatment and services for Contractor personnel is the responsibility of the Contractor.

1.12.5. Personnel Safety. The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the KO, designated representative or COR, and shall notify the KO of the corrective action to be taken.

1.13 Personnel. For purposes of this paragraph, the term “personnel” or “employee(s)” refers to any person performing work related to this contract, including but not limited to, the Contractor’s employees, agents, representatives, or subcontractor. The Contractor shall staff this effort with trained, competent and capable employee(s) for the discipline they are assigned to. Contractor personnel shall present a clean, neat and professional appearance. The Contractor shall ensure that employees meet all applicable federal, state, local, and installation certification, licensing, medical requirements, and qualifications to perform all assigned tasks and functions as defined in this contract prior to commencement of work. The Contractor shall not permit any personnel to work under this contract if such person is identified by a Government authorized representative to the Contractor as a potential threat to the health, safety, security, general wellbeing, or operational mission of the Navy.

1.13.1. Authorization to Work. Contractor’s personnel shall either be a United States Citizen or authorized to work in the United States or possess a valid U.S. Immigration T-151 or I-94, Alien Registration Card. If Contractor person is not a US Citizen they must submit a foreign national visit request through the State Department and their embassy. This process can take up to 60 days.

1.13.2. Speaking, Reading, and Understanding English. Contractor shall hire and staff personnel who can communicate with Government representatives and where reading, understanding, and discussing environmental, health, and safety warnings are an integral part of an employee’s duties, Contractor’s employee shall be able to understand, read, write, and speak the English language fluently. English shall be the only language used with regard to this contract for written correspondence, discussions and other business transactions.

1.13.3. Conflict of Interest.

a. Organizational Conflict of Interest. Contractor and subcontractor personnel performing work under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.), or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest. The Contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO, and in the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

b. Employment of Government Personnel. The Contractor shall not knowingly employ any person who is a U.S. Government employee if employing that person would create a conflict of interest. Additionally, the Contractor shall not knowingly employ any person who is an employee of the Government, either military or civilian, unless such person seeks and receives written approval according to DoD 5500.7-R, Joint Ethics Regulations (JER) by the individual’s commander or director. A copy of the authorization will be provided to the COR. In addition, the Contractor is prohibited from employing Government Quality Assurance Representatives (QAR) whom the Contractor knows or should have known are responsible for monitoring any contracts/subcontracts awarded to the service provider.

1.13.4. Contractor Code of Business Ethics and Conduct. IAW FAR Subpart 3.1004(a) FAR Clause 52.203-13, Contractor Code of Business Ethics and Conduct, the Contractor shall comply with established regulations to include application of FAR Clause to applicable subcontracts.

(Applicable only to contracts expected to exceed $5,000,000 and POP is 120 or more days.)

1.13.5. Conduct of Employees. Contractor personnel’s conduct shall not reflect discredit upon the Government. The Contractor shall ensure that personnel present a professional appearance.

The Contractor’s employees shall observe and comply with all local policies and procedures concerning fire, safety, environmental protection, sanitation, security, and possession of firearms or other lethal or illegal weapons or substance. The Contractor is responsible for ensuring that any Contractor employees providing services under this contract conduct themselves and perform services in a professional, safe, and responsible manner. The Contractor shall remove from the job site any employee for reasons of misconduct or security. In accordance with Department of Defense (DOD) Directive 5500.7-R, “Joint Ethics Regulation”, Contractor employees must avoid being improperly influenced in the execution of their duties under the contract. Particular attention should be paid to acceptance of gifts/ gratuities, and on non-disclosure of sensitive or classified information. The Contractor shall ensure employee conduct complies with 41 U.S. C 423 relative to release of acquisition related information or actions or discussions which may prejudice future competitions. The Contractor shall ensure no contractor employees conduct political related activities or events on United States of America (USA) Facilities.

1.13.6. Contractor Advertising. The Contractor shall not place or display advertising of any kind on Government property. (Add addition stipulations if applicable.)

1.13.7. Special Qualifications.

The minimum requirements to join NFLP is as follows: 500 hours minimum time in vintage fighter-type aircraft (to include T-6/SNJ) or 300 hours minimum time in vintage fighter-type aircraft plus 1,000 hours minimum time in jet fighter-type aircraft (for former military pilots).

For jet warbirds, the minimum experience shall be 1,000 hours military jet/jet warbird time. Plus the following: at least an FAA Commercial Pilot Certificate, a current FAA Class II Medical Certificate, have performed in a minimum of six airshows over the past two years, have attended pre-airshow season Navy Legacy Flyover Program Training Session for inclusion COMNAVAIRFOR 3700 Notice of Approved Civilian Pilot List, current Formation Leader certificate from an FAA-accredited organization (if not covered with the Aerobatics card), current International Council of Air Shows, Inc. (ICAS) Level III Aerobatics card (or FAA equivalent) to be qualified for aerobatic maneuvers.

For recurrent qualification, 25 hours vintage fighter-type aircraft time in last 12 months and:

formation training/practice within the last 60 days, attended the ground portion of the pre-airshow season Navy Legacy Flyover Program Training Session annually (if unable to attend in-person, previously qualified pilots may receive the brief from any member of the current TACDEMO team (phone brief with PowerPoint acceptable), have performed in at least one Navy Legacy Flight performance during the previous airshow season or flew a practice flight at the annual training session (if this requirement is not met, a requalification flight is required for the upcoming season, at a pre-show practice).

Previously-qualified pilots who switch aircraft types (i.e., significant aircraft performance differences) or who no longer meet the currency requirements described above in paragraph 2 may regain currency by either: participating in both the ground and flight portions of a pre-airshow season Navy Legacy Flyover Program Training Session, or performing a practice flight with a qualified military pilot, observed from the ground by a qualified civilian Navy Legacy pilot, provided that the civilian pilot regaining currency has received the ground portion of an annual Training Session. If re-qualifying on a pre-show practice day, the Navy flight crew will be advised two weeks in advance and asked for feedback in the flight debrief.

Pilots shall refer to the following instruction:

COMNAVAIRPAC/COMNAVAIRLANT Instruction 3700.2D on Legacy Flight Program.

32 C.F.R. Part 766, Navy rules on Civilian Landing Permits NAVADMIN 310/18, Annual CHINFO on Navy Community Outreach

Aircraft requirements:

a. Aircraft current in annual or condition inspection.

b. Signed, on file with CNAF, Certificate of Insurance DD Form 2400.

c. Signed, on file with CNAF, Civil landing Permit DD Form 2401.

d. Signed, on file with CNAF, Hold Harmless Agreement DD Form 2402.

1.13.8. Key Personnel:

1.13.8.1 The following personnel are considered key personnel by the Government:

a. Contract Officer’s Representative (COR)

b. Contracting Officer (KO)

1.13.8.2 The following personnel are considered key personnel by the Contractor:

a. Project Manager: The Contractor shall provide a PM who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the KO within ten calendar days after contract award; thereafter any changes shall be provided five (5) business days prior to expected change and no less than 24-hours after unplanned changes. The PM or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1.13.9. Supervision of Contractor Employees. The Government will not exercise any supervision or control over Contractor or Subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government.

The Contractor, in turn, shall be accountable to the Government for Contractor or Subcontractor employees.

1.14. Contractor Travel. The Contractor will be required to travel throughout the Continental United States (CONUS) and outside the Continental United States (OCONUS) during the performance of this contract to attend Navy Outreach Events, conferences, and training. The contractor shall submit evidence of all cost expenditures for reimbursement.

1.15. Training. The Contractor will be required to complete annual training and certification events as stipulated in Part 5.

1.16. Other Direct Costs. The Contractor shall submit all cost affiliated with travel as outlines in paragraph 1.15 for KO and COR approval prior to engaging in fixed arrangements. Contractor shall complete a travel assessment worksheet, provided by the COR, no less than 30 calendar days after travel.

PART 2

DEFINITIONS, ACRONYMS & ABBREVIATIONS

2. Definitions and Acronyms.

2.1. Definitions.

2.1.1. Cannibalize. Remove parts from Government property for use or for installation on other Government property.

2.1.2. Contract Administrator. The official Government representative delegated authority by the Contracting Officer to administer a contract. This individual is normally a member of the appropriate Contracting/Procurement career field and advises on all technical contractual matters.

2.1.3. Contractor. A supplier or vendor awarded a contract to provide specific supplies or services to the Government. The term used in this contract refers to the prime.

2.1.4. Contractor Acquired Property. Property acquired, fabricated, or otherwise provided by the contractor for performing a contract and to which the Government has title.

2.1.5. Contracting Officer (KO). A person with authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the Government.

Note: The only individual who can legally bind the Government.

2.1.6. Contracting Officer’s Representative (COR). An employee of the U.S. Government appointed by the KO to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.7. Controlled Area. A controlled space extending upward and outward from a specified point. This area is typically designated by a commander or director, wherein sensitive information or operations occur and requires limitations of access.

2.1.8. Defective Service. A service output that does not meet the standard of performance associated with the Performance Work Statement (PWS).

2.1.9. Deliverable. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

2.1.10. Equipment. A tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.

2.1.11. Government Equipment Furnished. Government property that is incidental to the place of performance, when the contract requires contractor personnel to be located on a Government site or installation, and when the property used by the contractor within the location remains accountable to the Government. Items considered to be incidental to the place of performance include, for example, office space, desks, chairs, telephones, computers, and fax machines.

2.1.12. Government-Furnished Property (GFP) or Government Property (GP). Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification.

Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.

2.1.13. Government Property. All property owned or leased by the Government. Government property includes both Government-furnished property and contractor-acquired property.

Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.

2.1.14. Key Personnel. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal. The prime contractor is responsible for performance of all subcontractors.

2.1.15. Loss of Government Property. Unintended, unforeseen or accidental loss, damage, or destruction of Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to:

a. Items that cannot be found after a reasonable search;

b. Theft;

c. Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or

d. Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.

2.1.16. Material. Property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end-item. Material does not include equipment, special tooling, and special test equipment or real property.

2.1.17. Non-Personal Services. The personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Non personal service contracts are authorized by the Government in accordance with FAR 37.012, under general contracting authority, and do not require specific statutory authorization.

2.1.18. Physical Security. Actions that prevent the loss or damage of Government property.

2.1.19. Property. All tangible property, both real and personal.

2.1.20. Property Administrator (PA) or Plant Clearance Officer (PLCO). An authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of the Contractor.

2.1.21. Property Records. Records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.

2.1.22. Provide. To furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.

2.1.23. Quality Assurance. The Government procedures to verify that services being performed by the Contractor are acceptable IAW established standards and requirements of this contract.

2.1.24. Quality Assurance Specialist. An official Government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control.

Acts as technical advisor to the Contracting Officer in these areas.

2.1.25. Quality Assurance Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.

2.1.26. Quality Control. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.27. Real Property. See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).

2.1.28. Sensitive Property means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.

2.1.29. Subcontractor. One that enters into a contract with a prime Contractor. The Government does not have privy of contract with the subcontractor.

2.1.30. Unit Acquisition Cost means—

a. For Government-furnished property, the dollar value assigned by the Government and identified in the contract; and

b. For contractor-acquired property, the cost derived from the contractor’s records that reflect consistently applied generally accepted accounting principles.

2.1.31. Wide Area Work Flow (WAWF). A secure web-based system for electronic invoicing, receipt, and acceptance. WAWF allows Government vendors to submit and track invoices and receipt/acceptance documents over the web and allows Government personnel to process those invoices in a real-time, paperless environment.

2.1.32. Work Day. The number of hours per day the Contractor provides services IAW the contract.

2.1.33. Work Week. Monday through Friday, except for Federal holidays unless specified otherwise.

2.2. Acronyms.

ACOR Alternate Contracting Officer's Representative AQL Acceptable Quality Level AT Antiterrorism CAP Contractor Acquired Property CDR Contract Deficiency Report CFR Code of Federal Regulations CMR Contract Manpower Reporting CNAF Commander, Naval Air Forces CNATRA Commander, Naval Air Training Command CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTS Commercial-Off-the-Shelf DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense DoN Department of the Navy FAR Federal Acquisition Regulation FPCON Force Protection Condition GFP Government-Furnished Property HIPAA Health Insurance Portability and Accountability Act of 1996 JER Joint Ethics Regulation JTR Joint Travel Regulation KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PA Property Administrator PIPO Phase In/Phase Out PLCO Plant Clearance Officer

POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit WAWF Wide Area Work Flow

PART 3

SPECIFIC TASKS

3. General. The Contractor shall provide all skilled personnel, equipment, supplies, tools, materials, supervision, and other items necessary to perform this prescribed project as defined in this PWS to meet the performance requirements, except for those items specified as Government furnished property and services.

Contractor shall fly Legacy Flight demonstrations in support of at least fifty (50) Navy Community Outreach events per year

Events include but are not limited to airshows, open houses, parades, sporting events, veteran observances, memorial services, etc.

Performance of demonstrations with current operational and/or training Naval aircraft, to include on-site practice sessions, as permitted by weather and scheduling.

Contractor shall provide and fund at least one (1) sufficient vintage Naval “warbirds,” Navy/Marine Corps Type/Model/Series operational and/or training aircraft from WWII, Korea, and/or Vietnam eras per event.

Contractor shall provide and fund sufficient pilot services and related products to transport Legacy aircraft to designated training and event sites and execute flight demonstrations with current Naval aircraft.

Contractor shall fund and complete all annual pilot training and certification requirements:

Contractor shall have current FAA Commercial Pilot Certificate Contractor shall have current FAA Class II Medical Certificate Contractor shall have Current International Council of Air Shows, Inc. (ICAS) Level III

Aerobatics Card (or FAA equivalent) Contractor shall have current Formation Leader certificate from an FAA-accredited organization (if not covered by Aerobatics card) For initial qualification, contracted pilots shall have 500 hours minimum time in vintage fighter-type aircraft (to include T-6/SNJ) or 300 hours minimum time in vintage fighter-type aircraft plus 1,000 hours minimum time in jet fighter-type aircraft (for former military pilots). For jet warbirds, the minimum experience shall be 1,000 hours military jet/jet warbird time.

Contractor shall attend ground and/or flight portions of a pre-airshow season Legacy Flyover Program Training Session (usually in March preceding the airshow season), at location(s) and time(s) designated by CNAF/CNATRA

Contractor may be required to attend on-site practice sessions before show Contractor shall submit names and qualifications of all civilian Legacy pilots that will participate in aerial events to CNAF/CNATRA in advance of pre-season training session (prior to the end of February). This submission will indicate if pilots have previously been authorized and flown in the Navy Legacy Flight Program; new civilian pilots will be considered nominees until completing all required training and receiving Navy certification to participate. CNAF/CNATRA will be final approving authority of those civilian pilots authorized to perform as Legacy pilots

Contractor shall maintain all qualification, training, and performance records of civilian Legacy pilots and provide prior to the start of airshow season (March) as stipulated in the

COMNAVAIRPAC/COMNAVAIRLANTINST 3700.2D

Contractor shall meet the following Aircraft Requirements:

Contractor shall be responsible for all necessary registrations, inspections, certifications, permissions, and insurance required to fly in National Airspace and to perform aerial demonstrations at public events

Contractor shall provide proof of compliance prior to the start of airshow season (March) as stipulated in the COMNAVAIRPAC/COMNAVAIRLANTINST 3700.2D

Legacy aircraft shall have communications equipment (VHF or UHF radio) compatible with current Naval aircraft, as stipulated in the

COMNAVAIRPAC/COMNAVAIRLANTINST 3700.2D

Contractor shall maintain on file with CNAF a DD Form 2400, Certificate of Insurance, along with proof of insurance as stipulated in the

COMNAVAIRPAC/COMNAVAIRLANTINST 3700.2D

Contractor shall maintain on file with CNAF a DD Form 2402, Hold Harmless Agreement, as stipulated in the COMNAVAIRPAC/COMNAVAIRLANTINST 3700.2D

Contractor shall coordinate with COR for scheduling of events, in accordance with annual DON Community Relations plan prior to the beginning of the airshow season annually in March.

Contractor shall cooperate with Navy recruiters and Public Affairs personnel in providing information regarding, and supporting outreach initiatives related to Legacy aircraft as required prior to and during each air show.

Contractor shall obtain Civil Aircraft Landing Permits, as required, for DoD Installations

Contractor shall complete, sign, and provide DD Forms 2400, 2401, and 2402 to military authorities hosting the event.

Contractor shall adhere to all Safety Requirements.

Contractor shall adhere to all applicable FAA regulations and Navy requirements regarding Legacy Flight demonstrations

Contractor shall perform only those maneuvers and flight parameters as stipulated in the COMNAVAIRPAC/COMNAVAIRLANTINST 3700.2D enclosure (2)

Contractor and civilian Legacy pilots shall follow directions of CNAF/CNATRA aircrew in executing training and event demonstrations

Certified Legacy pilots shall fly a minimum of one (1) Legacy event every sixty (60) days and a minimum of three (3) Legacy events per season. Qualifying events are specifically to include formation flying with current Naval aircraft

Contractor shall ensure certified NLFP pilots do not invite nor allow anyone to fly in a warbird during a LF performance or training session without prior CNAF/CNATRA approval.

Contractor shall submit any trademarks or logos to CNAF/CNATRA for approval. Use of Navy trademarks or logos shall be reviewed and approved by CNATRA, in advance. Specifically includes promotional materials and merchandise that incorporate Navy trade and service marks.

Provide CNAF/CNATRA a primary and alternate POC for coordination purposes.

Ensure all certified NLFP pilots have adequate aircraft liability insurance coverage in accordance with existing FAA or any Federal regulations.

Provide two (2) certified NLFP pilots to assist in the instruction/discussion of LF academics during the annual NLFP. This event consists of 5 work - days of training and flying. The initial lecture is on day one and subsequent briefs/lectures are conducted throughout the week.

Civilian Legacy pilots shall attend mandatory airshow participant briefings and conduct a detailed Legacy Flight brief before and after each flight event, to include training sessions

A graded Legacy Flight Debrief Form (See COMNAVAIRLANTINST 3700.2D, page18) shall be completed by the participating military and civilian pilots for each flight. Forms will be provided to CNAF/CNATRA upon completion of the Legacy Flight event

Contractor shall report any significant flight deviations or other incidents that raise safety of flight issues to a CNAF/CNATRA representative (COR) within 24 hours of the event.

3.1. Deliverables. The contractor shall provide contract deliverables in a format mutually agreed upon by the Government and Contractor. All deliverables will be reviewed for timeliness, accuracy and format. If a deliverable due date falls on a weekend or holiday, the Contractor shall submit the deliverable on the last workday prior to the due date.

3.2. Quarterly Status Report. The Contractor shall provide a recap of each quarter(s) legacy flights. The report shall summarize the accomplishments during the reporting period. The report shall also include scheduled versus completed events, rationale for not completing any schedule events, and total hours flown (to include ferry flights to/from the airshow/event and all hours flown at the event itself) along with the associated costs per flying hour to support those scheduled monthly events. Associated costs per flight hour may include fuel, maintenance costs/fluids, smoke oil, pilot salary, meals and lodging, etc, accompanied by evidence of all cost expenditures (receipts). Due on or before the March 31, June 30, September 30, and December 31 for each quarter.

3.2.1 NLFP Status Report. The Contractor shall provide an annual recap of the Navy Legacy Flight Program. This report should summarize the accomplishments of the reporting period, training completed, lessons learned, and total hours flown (to include ferry flights to/from the airshow/event and all hours flown at events), associated cost per flying hour, and all other administrative costs required to support the NLFP. Due on or before 1 December.

3.3. Inspection Requirements. The Contractor shall provide quality services and/or products IAW this contract.

3.3.1. When the Contractor’s performance is unsatisfactory; a CDR shall be issued. If a CDR has to be issued, the Contractor shall reply in writing, giving the reason for the unsatisfactory condition, and what corrective action has been taken; and procedures to prevent recurrence.

PART 4

APPLICABLE PUBLICATIONS AND FORMS

4. Applicable Publications (Current Editions)

4.1. The Contractor (to include Subcontractors) must abide by all applicable regulations, publications, manuals, and local policies and procedures. (List applicable laws, regulations and memorandums applicably used within the PWS. Ones listed below are already mentioned throughout PWS.)

a. 29 CFR 1910, Occupational Health and Safety

b. 41 CFR 102, Federal Management Regulation (FMR)

c. DoD 5500.7-R Joint Ethics Regulations (JER)

d. DoD 5200.08-R, Physical Security Program

e. 32 CFR 147.24, The National Agency

f. OPNAVINST 5530.14E CH-2, Navy Physical Security and Law Enforcement Program

g. OPNAVINST 5102.1D MCO P5102.1B, Navy & Marine Corps Mishap and Safety

Investigation, Reporting, And Record Keeping Manual

4.2. Forms. Mandatory records and report forms are listed below. (List applicable forms illustrated within the PWS)

a. DD254 – Department of Defense Contract Security Classification Specification, available at http://www.dtic.mil/dtic/pdf/formsNguides/dd0254.pdf

b. FRCSE 5500/17 – Visit And Access Request, available at https://navalforms.documentservices.dla.mil/formsDir/_FRCSE__5500_17_8791.pdf

PART 5

ATTACHMENT/TECHNICAL EXHIBIT LISTING

Attachment 1: Tenative 2025 Airshow Schedule Attachment 2: Monthly Report Navy Legacy Flight Foundation Activity Attachment 3: COMNAVAIRLANTINST 3700.2D

Performance Requirements Summary:

Performance Objective (Include PWS Ref)

Performance Standard

Attend annual training/FAA certification event

PM attend annual ICAS conference

Attend air shows as required by CNAF

Provide Quarterly status report

Provide annual report

100%

100%

Weather, maintenance, pilot availability notwithstanding.

On or before the March 31, June 30, September 30, and December 31 for each quarter

Prior to 1 December

Note: Government surveillance of Contractor performance is not limited to the Performance Objectives as outlined in this PRS. The Government reserves the right to conduct compliance surveillance of any contractual requirement of this acquisition.