NFFM73202202984 NOAA Suggested Aircraft Policy.pdf

IAW 41 CFR 102-33.140 the following language is recommended to add to the ______________ contract.

(a) The aviation operation description is as follows:

Protected Species Aerial Surveys

(b) The contractor shall have a Flight Program that incorporates risk management techniques in accordance with FAA Advisory Circular 120-92(Series).

(c) The contractor's Flight Program Standards will be contained in a single or multiple volume program document, available upon request to the assigned Contracting Officer, Contracting Officer's Representative, and NOAA Aviation Safety Program Manager, that describes the contractor's processes, procedures, and policies that address and contain the following areas:

(1) Management/administration of their flight program

(2) Operation of their flight program

(3) Maintenance program for contractor owned or operated aircraft

(4) Training program for flight program personnel including aviation safety personnel and management

(5) Aviation and Ground Safety Program

(6) Accident reporting and investigation as appropriate

(7) Data submitted to the Contracting Officer and/or Contracting Officer's representative as required for FAIRS reporting to the General Services Administration

(d) The contractor will establish, require, and maintain an effective Management/Administration program, recorded and documented in the program document, which describes and requires:

(1) A management structure responsible for the administration, operation, safety, training, maintenance, and financial needs of their aviation operation (including establishing minimum requirements for these items for any commercial contracts); and

(2) Guidance describing the roles, responsibilities, and authorities of your flight program personnel, e.g., managers, pilots and other crewmembers, flight safety personnel, maintenance personnel, administrative personnel and dispatchers.

(3) The Contractor must, upon request, and within a reasonable time period, provide a copy of, or access to, all reports required by the Federal Aviation Regulations that relate to pilot and maintenance personnel performance, aircraft airworthiness or operations to the Contracting Officer, Contracting Officer's Representative, and/or the NOAA Aviation Safety Program Manager (ASPM). Examples of these reports are shown in paragraphs 14 CFR Part 135.415 Mechanical Reliability Reports and Part 135.417 Mechanical Interruption Summary Reports required of the Federal Aviation Regulations, 49 CFR Part

830.5 and 49 CFR 830.15, and FAA Form 8010-4, Malfunction or Defect Report.

(4) Upon advanced request, on or about the contract award date, and then approximately every two years, the contractor will and shall allow federal personnel and/or the ASPM to visit program facilities in person, and/or virtually; and interview program management personnel, aircrew, and program support personnel;

to inspect facilities, aircraft, program records, contractor program documentation, and any other contract associated areas. The contractor will assist the federal inspectors or inspection teams in completing inspections and audits. At the sole discretion of the ASPM, an audit or assessment conducted by another federal department or agency, or recognized industry auditing standard provider, may be accepted as evidence of compliance with this paragraph. The contractor will address any findings of the inspection team within 90 days unless the findings pose an immediate risk of injury or death, for which the contractor will stop operations and correct the finding. Corrected findings may be re-inspected in person or virtually at the discretion of the federal inspector team lead. Findings not corrected will be forwarded to the Contracting Officer for adjudication and processing as necessary. The results of any inspections and/or audits will be shared with the Contracting Officer.

(e) For the operations of their program aircraft, the contractor will establish, require, and maintain an effective Operations Program, recorded and documented in the program document that describes and requires:

(1) Basic qualifications and currency requirements for pilots and other crewmembers, maintenance personnel, administrative personnel and other mission-related personnel;

(2) Limitations on duty time and flight time for pilots and other crewmembers;

(3) Procedures to record and track flight time, duty time, training of crewmembers, and applicable medical requirements;

(4) Compliance with FAA, owning-agency, or military safety of flight notices and operational bulletins;

(5) Flight-following procedures to notify management and initiate search and rescue operations for lost or downed aircraft;

(6) Dissemination, as the contractor determines appropriate, of a disclosure statement to all crewmembers and qualified non-crewmembers who fly aboard contractor aircraft (for example content, see Appendix A of 41 CFR part 102-33);

(7) Creation of a manifest, at the origin of each flight, that contains the full names of all persons on board for each leg of flight, a point of contact for each person, and phone numbers for the points of contact;

(8) Documentation of any changes in the manifest by leg, and retention of manifests for two years from the time of flight;

(9) Procedures for reconciling flight manifests with persons actually on board and a method to test those procedures periodically;

(10) At the origin of each flight, preparation of a complete weight and balance computation and a cargo-loading manifest, and retention of this computation and manifest for 30 days from the date of flight;

(11) Appropriate emergency procedures and equipment for specific missions;

(12) Procedures to ensure that required Aviation Life Support Equipment (ALSE) is inspected and serviceable; and

(13) Procedures to implement a “risk assessment” before each flight and/or as frequently as necessary that include such items as weather, crew rest, type of flight (low level, Instrument Flight Rules (IFR), night, etc.) crew makeup, etc. This process should be accomplished in accordance with your contractor operations, flight dispatch, or flight following procedures/program.

(f) For maintenance of their program aircraft, the contractor will establish, require, and maintain an effective Maintenance Program, recorded and documented in the program document that describes and requires:

(1) Procedures to record and track duty time and training of maintenance personnel;

(2) Aircraft maintenance and inspection programs that comply with whichever is most applicable among-

(i) Programs for ex-military aircraft;

(ii) Manufacturers' programs;

(iii) FAA-approved programs (i.e., following the applicable parts of 14 CFR);

(iv) FAA-accepted programs (i.e., those following ICAP guides or similar programs that have been accepted by the FAA); or

(v) The contractor's self-prescribed programs;

(3) Compliance with owning-agency or military safety of flight notices, FAA airworthiness directives, advisory circulars and orders, or mandatory manufacturers' bulletins applicable to the types of aircraft, engines, propellers, and appliances you operate;

(4) Procedures for operating aircraft with inoperable instruments and equipment (i.e., Minimum Equipment Lists and Configuration Deviation Lists);

(5) Technical support, including appropriate engineering documentation and testing, for aircraft, powerplant, propeller, or appliance repairs, modifications, or equipment installations;

(6) A quality control system for acquiring replacements, ensuring that the parts you acquire are suitable replacement parts and have the documentation needed to determine that they are safe for flight and are inspected and tested, as applicable;

(7) Procedures for recording and tracking maintenance actions; inspections; and the flight hours, cycles, and calendar times of life-limited parts and FSCAP; and

(8) The use of alternative aviation fuels in fleet aircraft to the maximum extent possible consistent with the availability of approved alternative fuels and aircraft operating procedures or manuals for those aircraft.

(g) For the training of personnel in their program, the contractor will establish, require, and maintain an effective Training Program, recorded and documented in the program document that describes and requires:

(1) An instructional program to train flight program personnel, initially and on a recurrent basis, in their roles, responsibilities, authorities, and in the operational skills relevant to the types of operations that you conduct. Flight program personnel may include, e.g., managers, pilots and other crewmembers, flight safety personnel, maintenance personnel, administrative personnel and dispatchers; and

(2) An instructional program that meets the specific requirements for safety manager training identified in paragraph (h).

(h) The Contractor shall keep and maintain programs necessary to assure safety of ground and flight operations.

The development and maintenance of these programs are a material part of the performance of the contract. For aviation, maintenance, and ground safety in their program, the contractor will establish, require, and maintain an effective Safety Management System, recorded and documented in the program document that describes and requires:

(1) A Safety Management System (SMS) that complies with the FAA’s current Advisory Circular (AC 120-92(series)) that addresses Safety Management Systems (SMS) or an equivalent internationally recognized SMS standard.

(2) The Contractor must provide a submittal of their company Safety Management System (SMS) Plan/safety program within 30 days after notice of award. The Contractor’s submittal must consist of implemented practices and not simply a SMS Plan which has been purchased but never implemented. For purposes of this submittal, the SMS Plan/safety program must be organized under the following five components:

(i) Safety Policy

(ii) Safety Risk Management

(iii) Safety Assurance

(iv) Safety Promotion

(v) SMS Records and Record Keeping

(3) Contractor employees working under this contract must be familiar with the SMS plan and complete training in accordance with the SMS plan requirements. The ASPM may at any time conduct assurance reviews with contractor employees performing on this contract to ensure they are familiar with the company’s SMS plan. The Contractor is required to provide updates to the CO that are made to their SMS Plan/safety program during the life of the contract.

(4) The SMS shall include:

(i) Policies that define clear roles and responsibilities for implementing, operating, and maintaining the SMS. This includes ensuring that senior level management has the ultimate responsibility for your SMS. It also includes appointing members of management as qualified aviation safety managers and safety officers (i.e., individuals who are responsible for an agency's aviation safety program, regardless of title), who should be—

a. Experienced as pilots, crewmembers, maintenance personnel, or have experience in aviation management or aviation maintenance program management; and

b. Graduated or certificated from an aviation safety officer course provided by a recognized training provider and authority in aviation safety before appointment or within one year after appointment; and

(ii) A program for preventing accidents, which includes—

a. Measurable accident prevention procedures (e.g., safety reviews, clear roles and responsibilities, operations and maintenance procedures, pilot and mechanic proficiency evaluations, fire drills, hazard analyses);

b. A procedure or system for disseminating accident-prevention information;

c. Safety training;

d. An aviation safety awards program that includes applying for the annual Federal Aviation Awards as appropriate;

e. A safety council or committee;

(5) Procedures and processes for risk analysis and risk management that identify and mitigate hazards through formal administrative and engineering controls and provide recommendations to senior level managers for managing risk to an optimum level;

(6) Policies that require the use of independent, unbiased inspectors to verify compliance with the standards called for in this guidance;

(7) Procedures for reporting unsafe operations to agency aviation safety officers and senior aviation safety managers without reprisal;

(8) A system to collect and report information on aircraft accidents and incidents (as required by 49 CFR part 830).

(9) Policies that identify clear standards for acceptable behavior; and

(10) A security program that includes—

(i) A designated security manager;

(ii) A threat assessment process;

(iii) Procedures for preventing and deterring unlawful acts;

(iv) Procedures for responding to threats and unlawful acts;

(v) Security training for personnel;

(i) For responding to aircraft accidents and incidents, the contractor will establish, require, and maintain an effective Emergency Response Program, recorded and documented in the program document that describes and requires:

(1) An aircraft accident/incident reporting policy to ensure that contractor compliance with the National Transportation Safety Board's (NTSB) regulations (located in 49 CFR parts 830 and 831). The Contractor must immediately, and by the most expeditious means available, notify the NTSB AND the Contracting Officer when an "Aircraft Accident", NTSB reportable "Incident", or mishap, as defined in 49 CFR 830.5 occurs. In addition, this policy must contain a method of notifying the National Oceanic and Atmospheric Administration, and the U.S. General Services Administration of an accident or incident that was reported to the NTSB.

(2) An accident/incident response plan, modeled on the NTSB’s “Federal Plan for Aviation Accidents Involving Aircraft Operated by or Chartered by Federal Agencies,” and periodic disaster response exercises to test your plan. A copy of the NTSB’s plan is available at http://www.ntsb.gov. The plan should also refer to or incorporate procedures (as outlined in FAA Advisory Circular 120-92(series)) to identify the potential for accidents or incidents;

(3) Following a mishap, the Contracting Officer will evaluate whether the Contractor was in compliance with contract provisions or with the Federal Aviation Regulations applicable to the Contractor's operations, company policy, procedures, practices, or programs, or whether there was negligence on the part of the company officers or employees that may have caused or contributed to the mishap. The Contractor must fully cooperate with the assigned Investigator In Charge (IIC), ASPM, and CO during this evaluation.

(4) Procedures (see 49 CFR 831.11) for participation as a party to NTSB accident or incident investigations involving aircraft that your agency either owns or hires, and for conducting parallel investigations, as appropriate;

(5) Training in investigating accidents/incidents for contractor personnel who may be asked to participate in NTSB investigations or to conduct a parallel investigation; and http://www.ntsb.gov/

(6) Procedures for disseminating, in the event of an aviation disaster that involves one of your aircraft, information about eligibility for benefits contained in the disclosure statement in Appendix A of this part to anyone injured, to the injured or deceased persons' points of contact (listed on the manifest), and to the families of injured or deceased crewmembers and qualified non-crewmembers.

Note to paragraph (i): This paragraph does not supersede any of the regulations in 49 CFR part 830 or part 831. For definitions of terms and complete regulatory guidance on notifying NTSB and reporting aircraft accidents and incidents, see 49 CFR parts 830 and 831.