Performance Work Statement 101326.pdf

PERFORMANCE WORK STATEMENT

Federal Emergency Management Agency

Response Directorate Senior Executive Aircraft Lease Contract

1.0 Background

The mission of the Federal Emergency Management Agency (FEMA) is to help people before, during, and after disasters. To fulfill this statutory mission under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, as amended), FEMA executes programs via steady state and emergency activities to protect the nation from all hazards— including natural disasters, acts of terrorism, and major technological emergencies.

Maintaining proactive operational readiness requires the continuous capability to transport senior officials, technical specialists, emergency response teams, mission-critical equipment, and incident support resources into disaster-affected theaters without delay. During declared and undeclared emergencies, FEMA serves as the lead agency coordinating core federal operational response capabilities to save lives, prevent suffering, and protect critical infrastructure. A contracted, dedicated, and immediately available air transportation and ground support mechanism is essential to support these time-sensitive federal response mandates.

1.1 Scope

The purpose of this Senior Executive Aircraft Lease (SEAL) contract is to obtain two dedicated commercial air charter and comprehensive aviation support services for FEMA Senior Leadership, and may also transport senior officials, federal responders, and congressional delegations (when required and approved by DHS Assistant Secretary for Legislative Affairs).

This capability ensures immediate operational readiness, national emergency mobilization, and rapid disaster response across both steady-state operations and active disaster declarations.

The contractor shall furnish all personnel (technical and other), aircraft, equipment, flight crews, maintenance, insurance, fuel, wraparound ground services, and logistics support necessary to provide on-call air charter, secure communications capability, and airborne LiDAR (Light Detection and Ranging).

The on-call air charter and operational support shall be available on a continuous 24-hours-per-day, 7-days-per-week, 365 days a year (24/7/365) for operational footing across the Continental United States (CONUS) and Outside the Continental United States (OCONUS), including U.S.

territories and commonwealths (United States Virgin Islands, Puerto Rico, Alaska, and Hawaii).

Specifically, the aircraft must be capable of flying up to 4,000 miles from departure location.

The baseline scope encompasses four primary functional capabilities:

1. Dedicated Senior Federal Official Passenger Jet Flights: 24/7/365 dedicated flight operations supporting Senior Federal Officials (as noted above) utilizing two dedicated Medium Cabin Jet executive aircraft.

2. Readiness for Steady-State & Disaster Readiness Operations: Ensure 24/7/365 readiness of aircraft and airborne LiDAR, including but not limited to ground handling, wraparound logistics, aircraft staging, material handling, maintenance, and secure passenger processing.

3. Secure Data Transmission: High-speed internet access must support secure virtual private networks (VPN)

4. Airborne LiDAR: Deployment of LiDAR capabilities for disaster response support, such as rapid disaster assessment, infrastructure damage evaluation, and survivor location support.

1.2 Specific Technical and Operational Requirements

This contract support will include steady state, disaster operational, and readiness support capabilities.

1.2.1 Aircraft Fleet Specifications and Availability

• Aircraft Classification (Medium Cabin Jet Class):

o Class Description: Aircraft supplied under this requirement shall belong to the Medium Cabin Jet class, utilized for longer-range flights with additional interior space, payload, and fuel capacity compared to Small Cabin Jets. Required aircraft Type: Challenger 650 o Speed and Range: The aircraft shall achieve an average cruising speed of 490 to 590 mph and maintain an average nonstop range of 2,100 to 3,000 miles, enabling rapid, non-stop transit across CONUS and direct deployment to regional or OCONUS staging areas. OCONUS direct flight location should include Hawaii and Alaska.

o Passenger Seating Capacity: Each aircraft cabin must be configured in an executive layout accommodating 7 to 11 passengers.

• Designated Aircraft Fleet:

o The Contractor shall provide two (2) primary executive passenger jet aircraft on dedicated call, with guaranteed 100% operational availability.

o The primary passenger aircraft must be pre-modified (e.g., dual-purpose utility configurations with pre-installed optical glass ports and FAA Supplemental Type Certificates).

o Secondary / Backup Aircraft: The Contractor shall maintain an immediately deployable backup aircraft of identical or superior performance capabilities (Medium Cabin Jet class) to prevent mission failure or schedule disruption due to unscheduled maintenance.

• Registry and Airworthiness:

o All aircraft supplied and operated under this contract must hold valid United States Federal Aviation Administration (FAA) standard airworthiness certification and operate under standard U.S. registration ("N" tail number).

o All aircraft shall be maintained in compliance with 14 CFR Part 43 and either 14 CFR Part 91 maintenance requirements; or maintenance requirements applicable to the contractor’s FAA Part 121, 125, or 135 Air Carrier or Operating Certificate, as applicable.

• Baggage and Mission Payload o Checked Baggage: Capacity for up to two (2) checked bags per passenger (minimum 50 lbs. each).

o Carry-On Baggage: Capacity for up to two (2) carry-on bags per passenger.

o Operational Equipment: Adequate cargo bay volume and payload weight allowance to accommodate mission go-kits, secure communication deployable, and FEMA emergency deployment equipment.

1.2.2 In-Flight Communications and Telecommunications Systems

• Air-to-Ground Telephone and Data Services: The aircraft must be equipped with dedicated, continuous air-to-ground telephone systems and enterprise-grade data communications capable of simultaneous multi-user operation for all passengers and crew.

• Continuous In-Flight Connectivity: The cabin must feature robust, high-bandwidth satellite data/Wi-Fi to support mobile phones, laptops, and enterprise devices throughout all phases of flight.

• Executive-Level Voice Link: The communications system must maintain uninterrupted, with high-clarity, two-way voice capability allowing passengers to communicate in-flight directly with the White House, the Homeland Security Council, and other such as the FEMA National Response Coordination Center (NRCC), and cabinet-level leadership.

• Dedicated Secure Data Transmission: High-speed internet access must support secure VPN, voice-over-IP, video teleconferencing, and rapid transfer of large disaster mapping and Geographic Information Systems files.

1.2.3 High-Availability Satellite Communications (SATCOM)

• Dual-Band Redundancy: Additionally, the aircraft must feature a dedicated, multi-channel SATCOM system utilizing both Ka-band and Ku-band frequencies to guarantee high-bandwidth coverage across both CONUS and OCONUS flight paths (including polar and transoceanic corridors).

• Dedicated Bandwidth Allocation: The contractor must guarantee a minimum dedicated, symmetrical bandwidth of 20 Mbps down / 10 Mbps up reserved exclusively for the passenger cabin, separate from any cockpit or flight operational data streams.

• Network Failover: The system must support automatic, seamless failover between satellite constellations and terrestrial air-to-ground networks to prevent drops in active voice, video, or data sessions during flight phase transitions.

1.2.4 End-to-End Cryptographic Security & FIPS Compliance

• Federal Information Processing Standard (FIPS) 140-3 Validation: In accordance with DHS Sensitive Systems Policy Directive 4300A/B and National Institute of Standards and Technology standards, all onboard network routing, encryption modules, and wireless access points must utilize cryptographic modules validated to FIPS 140-3 (or FIPS 140-2) standards.

• Secure Network Enclaves: The onboard cabin Wi-Fi must be configured to broadcast a hidden, secured Service Set Identifier (SSID) mapped to a dedicated network enclave utilizing AES-256-bit encryption.

• Government-Furnished Equipment Integration: The onboard communication infrastructure must provide physical interface ports (RJ-45 and secure voice terminal interfaces) capable of seamlessly integrating FEMA-provided secure communication devices, such as secure terminal equipment (STE-R), Sectéra, or external inline network encryptors.

1.2.5 Executive Voice and Emergency Command Link

• Priority Voice Routing: The in-flight telephone system must possess dedicated, priority-routing capabilities allowing instant, high-clarity connection to the White House, the Homeland Security Council, and others such as the FEMA National Response Coordination Center, and other cabinet-level leadership.

• Secure Voice (VoIP): The voice system must support secure Voice-over-IP (VoIP) channels configured with Quality of Service guarantees to prevent packet loss or latency during high-bandwidth data transfers.

1.2.6 Airborne LiDAR and Support

• The Contractor shall provide, or integrate on-demand, airborne LiDAR.

• The system shall be capable of rapid deployment into disaster impact zones to:

o Generate wide-area 3D topographic and infrastructure damage assessments.

o Facilitate survivor search and identification efforts in complex rubble and flood environments.

o Assist incident command teams in safely routing ground rescue personnel past hazards.

• The contractor shall ensure experienced personnel capable of supporting LIDAR capabilities.

• Roll-On/Roll-Off (RO/RO) and Modular Payloads: System shall include modular, podded, or roll-on/roll-off mission suites (oppose to a permanent structured suite)

• Sensor Miniaturization and Hybrid Payloads: System shall include hybrid sensor payloads that combine high-density LiDAR with multispectral, infrared (IR), and electro-optical (EO) cameras in a single, compact turret.

• Edge Computing and Real-Time Data Downlinks: System shall be able to utilize onboard edge computing to process raw sensor data mid-flight. When paired with high-throughput, low-latency Low Earth Orbit (LEO) satellite constellations (such as Starlink or OneWeb), flight crews can transmit processed damage-assessment maps and survivor coordinates directly to incident commanders on the ground in near-real time.

1.2.7 Wraparound Logistics, Ground Handling, and Cargo Support

• Base of Operations & FBO Staging:

o Departure Point: Fixed Base Operator (FBO) within the National Capital Region

(NCR), with preferred departure out of Ronald Reagan Washington National Airport (DCA). Final designated departure FBO shall be approved by FEMA.

o Arrival Point(s): Destination FBOs or designated commercial/military/regional airfields across CONUS and OCONUS will be as specified in individual task or call orders.

• Ground Handling & Hangar Storage: The Contractor shall secure all required ground handling, fueling, de-icing, passenger staging lounges, and hangar storage facilities necessary to protect aircraft and maintain immediate launch posture.

• Material Handling Equipment (MHE): The Contractor shall supply all necessary MHE (e.g., forklifts, pallet jacks, cargo loaders) along with certified operators at origin and destination airfields to support passenger luggage, cargo, and specialized gear movement across air, sea, and ground interfaces.

• Hazardous Materials & Customs: The Contractor shall handle and certify any required hazardous material manifests in compliance with Title 49 CFR and FAA regulations and manage all customs/border clearance requirements for OCONUS flights.

1.2.8 Call-Up, Activation, Notice to Proceed (NTP) and/or Task or Call Order Execution

• Notice to Proceed (NTP): Upon written authorization from the FEMA Contracting Officer (CO), the Contractor shall mobilize flight crews and aircraft.

• One-Hour Reporting Milestones:

o Within one (1) hour of NTP or task or call order Execution, the Contractor must furnish the FEMA Contracting Officer's Representative (COR) with the confirmed flight schedule, assigned tail number, crew manifest, and departure FBO location.

o Within one (1) hour of NTP or task or call order execution, FEMA and the Contractor will participate in a joint operational kick-off and alignment teleconference.

1.2.9 Flight Tracking and Communications

• Wheels Up / Wheels Down Reporting: The Contractor must transmit immediate automated notifications to the COR upon wheels-up (takeoff) and wheels-down (landing) for every leg of the mission.

• Repositioning and En-Route Tracking: For aircraft repositioning to the point of embarkation, the Contractor must provide real-time updates and hourly flight progress reports to the FEMA COR.

• Schedule Integrity and Delay Mitigation: The Contractor bears direct responsibility for proactively managing and eliminating any loading, fueling, or mechanical delays. Any unforeseen schedule adjustments must be communicated immediately to the FEMA Point of Contact (POC).

• Emergency Notification: The Contractor shall immediately notify the designated FEMA operations point of contact, COR, and CO of an overdue aircraft; emergency declaration;

diversion for safety reasons; loss of communication; significant aircraft malfunction;

unscheduled landing; or other event that may affect passenger safety, mission completion, or aircraft availability.

1.2.10 Passenger Manifests and Data Security

• Manifest Submission: FEMA will transmit an official, password-protected passenger manifest to the Contractor prior to scheduled departure.

• Data Security: The Contractor shall handle all passenger identity documents, manifests, and mission details under strict Official Use Only / sensitive privacy handling protocols.

• Point of Contact (POC) Designations: The Contractor shall provide the names and direct 24/7/365 contact information for the lead Air Carrier Operations POC and Ground Loading Lead prior to departure. Assigned POCs must match those approved in the Contractor’s Program Management Plan.

1.2.11 Operational Safety, Weight and Balance, and Passenger Briefing

• Weight and Balance: The Contractor shall complete and document weight-and-balance calculations for each flight or mission profile to ensure the aircraft remains within the manufacturer and FAA-established weight-and-balance limitations. The Contractor shall make weight-and-balance documentation available to the Government upon request.

• Passenger Safety Briefing: Before each takeoff, the Contractor shall ensure passengers receive a safety briefing that meets the requirements of 14 CFR § 135.117 or § 121.571, as applicable, and the requirements reflected in Appendix C of DHS Directive 060-02.

The briefing must address, as applicable, smoking restrictions, safety belts, seat-back position, exits and emergency-exit operation, survival equipment, flotation equipment and ditching procedures for extended overwater operations, oxygen equipment, fire extinguishers, and emergency-evacuation procedures.

• Safety Management and Risk Management: The Contractor shall maintain documented safety and risk-management procedures appropriate to its operation. The Contractor shall identify, document, and mitigate aviation risks associated with each mission, including risks associated with unfamiliar airfields, weather, hazardous materials, special mission equipment, and disaster-area operations. The Contractor shall promptly notify the COR and CO of any material aviation safety risk affecting mission execution.

1.2.12 Flight Information Reporting

• Flight Data: The Contractor shall provide specific details for each flight including, but not limited to aircraft tail number, aircraft type, date/times of departures and arrivals, flight hours flown, enroute stops, flight crew information, and final passenger manifests.

• Reporting Timeline: The Contractor shall provide flight information to the COR immediately upon mission completion each day.

• Records Retention: The Contractor shall retain manifest records and associated flight documentation for at least two fiscal years following the end of the fiscal year in which the flight occurred, unless FEMA provides a longer retention period or other written records disposition instruction. Records include, but are not limited flight records, flight-following records, crew assignment records, aircraft status records, maintenance and airworthiness records, weight-and-balance records, cargo and hazardous-material records, safety reports, incident reports, corrective-action records, and cost/utilization records.

• The Contractor shall make records available to FEMA, DHS AIR, and other authorized Government oversight officials upon request.

1.2.13 Readiness and Steady State Capabilities:

The contractor shall ensure exclusive rights to two Medium Cabin Jet Class and ensure the immediate flight availability on a 24/7/365 basis. At a minimum, the contractor shall ensure the following:

• Hangarage: Continuous climate-controlled hangar leasing at the NCR departure point (preferably DCA) to protect the aircraft from weather, maintain immediate launch readiness, and allow secure pre-flight loading. Enhanced security measures should be maintained to ensure aircraft and LiDAR supporting suite remains secured.

• Opportunity Cost and Asset Dedication: Compensation for keeping these specific airframes strictly reserved for FEMA use.

Scheduled Maintenance Amortization: The baseline cost of keeping the aircraft fully airworthy and compliant with FAA Part 135 and 121 regulations, even when stationary. Dedicated Augmented Flight Crew Standing Pay & Currency: Flight crew shall meet a 1-hour mobilization reporting milestone without violating FAA flight-time limitations or crew rest rules (14 CFR Part 135/121), the contractor must maintain a dedicated, augmented roster of pilots, flight attendants, and dispatchers on continuous, paid standby.

• Standby/On-Call Compensation: Retaining multiple fully certified, type-rated flight crews on a 24/7/365 shift rotation specifically assigned to the FEMA contract.

• Continuous Recurrent Training: Amortized costs for FAA-mandated simulator training, night/instrument currency, and emergency medical certifications.

• DHS/FEMA Specialized Onboarding: Maintaining active security clearances, badging at DCA, and familiarity with FEMA-specific protocols (e.g., handling sensitive passenger manifests).

Integrated High-Availability Communications & Secure Networks: Maintaining active, high-bandwidth satellite and terrestrial subscriptions and verifying that onboard cryptographic systems are continuously updated and operational.

• Dual-Band SATCOM Subscriptions: Continuous service plans for Ka-band and Ku-band satellite networks to guarantee the 20 Mbps down / 10 Mbps up symmetrical bandwidth across CONUS/OCONUS flight paths.

• FIPS 140-3 Cryptographic Maintenance: Regular auditing, patching, and configuration of the onboard wireless access points and hidden SSIDs to maintain compliance with DHS 4300A/B directives.

• Integration Testing: Routinely testing the physical interface ports (RJ-45) and secure voice channels with Government-Furnished Equipment (GFE) like STE-R or Sectéra terminals to ensure zero-latency failovers during active missions.

Ground Support, Material Handling, and FBO Readiness: Securing immediate access to ground handling services, specialized equipment, and passenger terminal services at the primary departure airport (DCA) and key regional hubs.

• FBO Retainer: Standby agreements with the approved NCR FBO for immediate passenger and rapid aircraft staging and executive lounge access.

• Dedicated MHE: Keeping certified operators and equipment (i.e., forklifts, pallet jacks, cargo loaders) on-call to move FEMA mission go-kits and emergency equipment immediately upon NTP or task or call order execution.

• HAZMAT Certification: Maintaining standing certifications and ready manifests for handling/transporting specialized FEMA communication gear or lithium batteries in compliance with Title 49 CFR.

• Program Management, Quality Assurance, and Safety Compliance: Continuous administrative overhead required to manage the contract, maintain rigorous safety standards, and handle rapid call-up logistics.

Maintenance and Service Requirements for Sensor Calibration and Certification: Contractors must maintain valid original equipment manufacturer calibration certificates, perform geometric boresight calibration to align the laser scanner with the Inertial Measurement Unit and aircraft axes and ensure daily calibration flights pass inspection.

• Routine Servicing and Preventive Maintenance: Contractors shall ensure regular maintenance of optical and sensor care equipment; cooling and environmental controls; and positioning system services.

• Platform Integration and Mechanical Readiness: Perform vibration isolation inspections; power stability checks; and maintain spare components.

• Quality Assurance and Calibration Deliverables: Contractor shall ensure timely submission of calibration and readiness reports; maintain calibration and readiness reports; and perform ongoing ground survey checks.

1.3 Objective

The objective of this contract is to ensure the provision of reliable, safe, and efficient passenger and/or cargo airlift services to meet mission requirements. The contractor shall deliver comprehensive support, including qualified personnel and crews, certified aircraft, necessary equipment, and end-to-end air transportation services, in compliance with FAA regulations and applicable commercial standards. This includes the preparation, handling, and transportation of cargo, including HAZMAT, and the fulfillment of customs and FAA requirements, as needed, to achieve seamless and effective airlift operations.

1.4 Applicable Documents

The contractor and all sub-contractors are responsible for compliance with DHS Directive 060- 02: Aviation Management; applicable FEMA Flight Program Standards and implementing procedures; task-order requirements; all Federal aviation requirements applicable to the services performed. The Contractor shall comply with all applicable civil aviation standards under Titles 14 and 49, Code of Federal Regulations, including standards applicable to the Contractor’s aircraft, crew, operating certificate, operations specifications, and mission type.

To the extent DHS Directive 060-02 assigns responsibilities to FEMA or another Government official, the Contractor shall provide all records, access, data, notifications, coordination, and support needed for FEMA to meet those responsibilities.

All applicable FAA regulations and parts shall be adhered to by the contractor, air carriers, and supporting staff. Work to be accomplished under this PWS shall be performed using best commercial practices, inclusive of practices under the International Air Transport Association policy and guidelines. Current issues of all applicable documents that include but are not limited to those listed in this PWS, are to be used for reference purposes.

In addition, the contractor shall comply with all provisions of applicable statutes, tenders of service, and contract terms as such may affect flight safety, as well as with all applicable FAA regulations, Airworthiness Directives, orders, rules, and standards promulgated under the Federal Aviation Act of 1958, as amended. Compliance with published standards may not, stand alone, constitute compliance with generally accepted standards of airmanship, training, or maintenance.

1.4.1 Compliance Documents

The following documents provide specifications, standards, or guidelines that must be complied with to meet the requirements of this contract:

• 52.224-1 Privacy Act Notification - Apr 1984

• 52.224-2 Privacy Act - Apr 1984

• FAR 52.224-3 Privacy Training – Alternate I (see FAR Class Deviation 17-03, Revision

I) (JAN 2017)

• 52.227-14 Rights in Data – General - May 2014

• DHS/ALL-014 Department of Homeland Security Personnel Contact Information, March

16, 2018, 83 FR 11780; Routine Use F.

• DHS/ALL/PIA-006 DHS General Contact Lists

• HSAR 3052.204-70 Special Clause Information Technology Security Awareness

Training (JULY 2023)

• HSAR 3052.204-71 Contractor Employee Access (JUL 2023)

• HSAR 3052.204.72 Safeguarding of Controlled Unclassified Information (JULY 2023)

• 3052.204-73 Notification and Credit Monitoring Requirements for Personally Identifiable

Information Incidents (JULY 2023)

1.4.2 Reference Documents

The following documents may be helpful to the contractor in performing the work described in this document:

• Federal Aviation Administration Regulations, Airworthiness Directives at https://www.faa.gov/regulations_policies/airworthiness_directives.

• Contractors and subcontractors must provide adequate security to protect Controlled Unclassified Information (CUI) from unauthorized access and disclosure. Adequate security includes compliance with DHS policies and procedures in effect at the time of contract award. These policies and procedures are accessible at https://www.dhs.gov/dhs-security-and-trainingrequirements-contractors.

2.0 Specific Requirements/Tasks

2.1 Management Work Plan and Reporting

• Within two (2) weeks following the establishment of the contract and/or each specific task order/call order, respectively, the contractor shall meet (Kick-off meeting) with the COR and other FEMA program and technical representatives to review the tasks of the PWS and requirements for developing a Program Plan (PP). The management plan is due to FEMA within 30 days after the kick-off meeting.

• The contractor shall employ a program management structure to ensure the efficient execution of the work and capability to report on the status of work performed.

• The contractor shall promptly notify the CO of any issues or problems requiring a government response.

https://www.faa.gov/regulations_policies/airworthiness_directives https://www.dhs.gov/dhs-security-and-trainingrequirements-contractors https://www.dhs.gov/dhs-security-and-trainingrequirements-contractors

• The contractor shall retain appropriate number of key personnel who have the necessary knowledge, skills, ability, and experience to effectively manage the contract and task or call order requirements.

• The contractor shall be proactive in identifying problem areas and providing corrective actions.

• The contractor shall provide After Action Reports (AARs) by the designated time identified for each task or call order. The report shall also include a report on the performance of equipment and teams to include lessons learned best practices, safety record, and recommendations for major plan maintenance and procedural revisions.

• No later than five (5) calendar days after contract award, the contractor shall reaffirm and identify in writing to the CO, the name, address, and phone number of the Project Manager and alternate(s).

2.2 Operational Control and Pilot-in-Command Authority

Operational Control. FEMA may establish mission objectives, requested itineraries, passenger and cargo requirements, desired departure windows, and operational priorities. The Contractor retains operational control for all civil aircraft operations performed under its FAA certificate, including dispatch or flight release, crew assignment, aircraft assignment, maintenance release, flight planning, fuel planning, weather assessment, and regulatory compliance.

Pilot-in-Command Authority. The pilot in command retains final authority for the safe operation of the aircraft and may delay, divert, cancel, or terminate a flight when required by safety, legality, weather, aircraft condition, crew fitness, or other operational considerations. No FEMA representative may direct the pilot in command to operate contrary to that determination.

2.3 On-loading and Off-loading of Aircraft

The contractor shall be responsible for the safe on-loading and off-loading of the aircraft in accordance with applicable FAA regulations and individual aircraft specifications. A member of the contractor's crew shall be responsible for weight and balance of government traffic and shall make a visual check of cabin load and, if required, indicate approval of loading by signing the station compartment breakdown. The contractor shall provide air terminal weight and balance forms and any other required technical data to assist in safely loading the aircraft. The contractor shall ensure all equipment at destination is positioned and ready to begin off-loading no more than two (2) hours prior to the established landing time. The contractor shall notify the COR and CO in advance if they are not able to meet the two (2) hours timeline.

The contractor shall comply with the responsibilities outlined in this PWS. When required, the contractor must be able to demonstrate its (or its subcontractors) compliance with each task and/or responsibility listed in the PWS and in the contract.

2.4 Activation and Availability Requirements

Upon issuance of a task or call order, the aircraft requested by FEMA must be activated and positioned where directed by the government, with maximum fuel aboard consistent with aircraft performance limitations and mission requirements, as quickly as possible but in no event more than four hours after the contractor receives the task or call order. Also, upon task or call order execution, the contractor shall immediately provide all required information including the tail number; flight schedule, and airfield ramp departing/arriving locations (including Fixed Base Operator, if applicable) to the COR. Each task or call order from the contract will specify the required positioning time for the requested aircraft.

The contractor shall provide sufficient personnel, equipment, and materials to enable up to fourteen hours per day utilization of each aircraft required in the task or call order. The contractor must immediately provide the government documentation and justification of how the fourteen hours per day utilization rate will be achieved, if requested. If the contractor for reasons beyond its control is unable to provide the personnel, equipment, or material necessary to operate its aircraft up to fourteen hours per day, it shall still be obligated to provide the aircraft required under the task order, and to secure the additional personnel, equipment, or material through alternate sources capable of meeting FEMA operational requirements. Similarly, if the contractor for reasons beyond its control is unable to provide the aircraft required in the task order and operate fourteen hours per day, it will be obligated to secure equivalent aircraft, personnel, material, and equipment to operate as if it had the aircraft under its control. Alternate sources must be approved by the COR and CO prior to performance of any FEMA requirement.

During an emergency activation as specified in the task or call order, and when the contractor has been alerted that air transportation services shall be necessary, the contractor shall be required (if needed) to provide air transportation services on 24/7/365 basis, with a four hour (see PWS section 1.2.8 Call-Up, Activation, and NTP/task or call order execution) response time with the responding aircraft and crew ready for onward flight. If chartered aircraft and/or crew are unable to provide the requested movement within the specified timeframe, the contractor shall be responsible for finding and delivering a suitable backup aircraft and crew to the pickup point within four hours of determination that the primary aircraft and crew cannot execute the mission.

The task or call order will specify the commercial airfield(s) for team(s) or task force(s) for the point(s) of pickup and destination. The contractor must be available for contact and be able to respond within the specified timeframe on 24/7/365. The contractor shall promptly notify the COR or CO of any change.

2.5 Baggage and Equipment Liability Limitation

• The contractor shall be responsible for the loss and/or damage to passenger baggage and equipment while such items are in its custody or on board its aircraft.

• Liability for personal baggage shall be consistent with standard commercial service.

Claims for lost or damaged baggage must be submitted to the contractor using its standard commercial baggage claim form.

• In cases where equipment is lost or damaged beyond economical repair, the CO shall determine the contractor's liability amount. Compensation shall be affected either by reduced amounts owed to the contractor or by direct payment compensation. The CO will determine the method of payment/compensation.

• All equipment in need of repairs/maintenance shall be reported to the FEMA representative within thirty (30) days of discovery.

• In case of damaged equipment, the amount of compensation due to the government by the contractor shall be the actual cost of repair, provided such amount does not exceed the economical repair value.

• In the case of loss or damage beyond economical repair to equipment, the contractor's liability amount shall be the depreciated replacement value of the item to be determined by the CO.

• Any failure of the contractor to agree with such determination shall be treated as a dispute pursuant to the clause of this contract entitled “Disputes”.

2.6 Delays/Diversion

• A delay at origin or other designated pick-up/drop-off points, caused by factors beyond control and without the fault or negligence of the contractor, shall be considered as contractor-uncontrollable; a delay for any other reason shall be considered contractor-controllable.

• When a delay or deviation from task or call order schedule occurs at any point of a charter for any reason, the contractor shall immediately notify the COR of any flight delays that are more than one (1) hour from the scheduled departure time.

• Contractor’s responsibility during controllable delays: If the delay is determined to be chargeable against the carrier, the contractor shall be responsible for any other added costs such as, but not limited to, provisions for security of aircraft, all passengers and cargo, and cancellation or rescheduling charges. Additional charges to the contractor do not include personal costs incurred by the passengers.

• In the event it should be necessary to off-load passengers at any location or station other than at the direction of the COR, the contractor shall be responsible for such off-loading, passenger care, and safeguarding personal baggage from loss, theft and/or weather damage, re-loading and all costs incident to such services until such time as the contractor moves or causes to be moved such passengers to their intended destination or to such other location as directed by the COR. The COR shall be notified immediately of any off-loading.

2.7 Reimbursable Expense Items

• The government shall pay the contractor for other incurred costs including landing fees, ramp fees, freight handling fees, hold time, de-icing, international fees, and fuel costs as reimbursable expense items.

• Other reimbursable expenses will include position/de-position of planes; cost for ground support handling labor and vehicles; labor cost for cranes and forklifts; HAZMAT handling and other direct costs (including insurance).

• Should the government cancel a scheduled flight after the contractor's aircraft has departed to position or has already positioned for a scheduled flight when notice of cancellation is given, the government shall reimburse the contractor the positioning/de-positioning cost only. Certification showing positioning and de-positioning distances and locations shall accompany the contractor's invoices.

2.8 Technical Assistance

• Upon receipt of a task or call order, the contractor shall furnish the government technical advice and information designed to provide maximum coordination and expeditious, efficient, and effective utilization of air transportation assets in support of disaster or non-disaster operations. Such technical advice shall consist of the furnishing of technical personnel to participate in meetings and exercises and preparing or assisting in the preparation of informational material, including but not limited to manuals, documents, listings, reports, specifications (such as communication/safety systems, etc.), and other data, as required.

• It is expressly understood and agreed that all information, assistance, and advice to be provided to the government by the contractor hereunder shall be solely of an advisory or consulting nature and this agreement does not contemplate, require, or authorize any agreement between the contractor and other air carriers which may have similar agreements with the government.

• Task or call orders shall include administrative and accounting support. This will involve the preparation of informational material such as manuals, documents, listings, reports, specifications (such as communication/safety systems, etc.), and other data. Each item shall contain a completion date of the assistance called for thereunder that reflects a current estimate of the time reasonably required to provide the requested assistance.

• Additionally, it will involve routine accounting clerical operations, such as: examining, verifying, and correcting accounting transactions to insure completeness and accuracy of data and proper identification of accounts, and checking that expenditures will not exceed obligations in specified accounts; totaling, balancing, and reconciling collection vouchers; posting data to transaction sheets where employee identifies proper accounts and items to be posted; and coding documents in accordance with a chart (listing) of accounts.

• As part of the performance of this contract, the contractor may be required to work with other contractors engaged by the government. The government shall establish an initial contact between the contractor and these contractors and shall participate in an initial meeting at which the conventions for the scheduling and conducting future meetings will be established.

3.0 Contractor Personnel

3.1 Qualified Personnel

• The contractor shall provide enough qualified cockpit crew members to complete each flight without delays and must furnish an aircraft for each flight that can complete the flight without requiring regularly scheduled maintenance, except for end route and turnaround services, unless permitted otherwise by the COR. All operating flight crews (Pilots in Command, Seconds in Command, and relief flight personnel) must hold current FAA Commercial/Airline Transport Pilot licenses with appropriate type ratings in the aircraft operated. The Contractor shall ensure pilots meet all applicable recent-experience requirements for passenger-carrying operations.

• Aircrew must be licensed and qualified for the type of aircraft they are assigned to fly.

• Aircrews must meet all FAA flight hours, medical, recurrent training, and night/instrument currency standards under 14 CFR Part 135 or Part 121 regulations.

• The Contractor shall maintain sufficient reserve crew complements to ensure missions are never compromised or delayed by FAA flight-time limitations or crew rest rules during extended disaster activations.

• The Contractor shall comply with all applicable FAA flight-time, duty-time, and rest requirements. The Contractor shall maintain sufficient qualified reserve personnel to meet required readiness requirements without violating applicable flight, duty, or rest limitations.

• Flight and ground crews must exhibit the highest standards of professional conduct, operational discretion, and safety adherence.

• Pilots conducting instrument flight rules operations shall meet applicable instrument-experience requirements or have completed an applicable instrument-proficiency check.

• The Contractor shall maintain records demonstrating crew qualifications, training, medical certification, duty-time compliance, rest compliance, and currency. The Contractor shall provide these records to the Government upon request, subject to applicable privacy and labor protections.

o The CO and/or COR will notify the contractor of any other records requirement changes or additions.

3.2 Key Personnel

• The contractor shall have a Program Manager (PM) or alternate(s) available, twenty 24/7/365 via phone and e-mail to resolve any issues that may arise.

• Before replacing any individual designated as key by the government, the contractor shall notify the CO no less than 15 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the key person being replaced, unless otherwise approved by the CO.

• The contractor shall not replace key contractor personnel without approval from the CO.

3.3 Project Manager

The following contractor personnel are designated as key for this requirement:

• The contractor shall provide a Project Manager who shall be responsible for all contractor work performed under this PWS. The PM shall be a single point of contact for the CO and the COR.

• The name of the PM, and the name(s) of any alternate(s) who shall act for the contractor in the absence of the PM, shall be provided to the government as part of the contractor's proposal. The PM is further designated as key by the government. Additionally, the contractor shall not replace the PM without prior approval from the CO.

• The PM shall be a senior level employee, empowered to execute and direct on behalf of the contractor. The PM shall have no less than 10 years of direct emergency management and/or medical administration experience.

o In the absence of the PM, the Alternate PM shall be empowered to execute and direct on behalf of the contractor. The Alternate PM shall have no less than 10 years of direct emergency management and/or medical administration experience.

3.3.1 Authority and Responsibility

• The PM (and alternates) shall have full authority to act for the contractor on all matters and shall be responsible for the overall management and coordination of air transportation operations and support services.

3.3.2 Language and Citizenship

• The PM, alternate(s), and contractor employees who have contact with customers must be able to read, write, speak, and understand English fluently. English shall be the only language used for written correspondence, discussions, and other business transactions.

• The PM must be a U.S. citizen without a criminal felony record.

3.3.3 Availability

• The PM shall be available to the COR via telephone/email on a 24/7/365 basis and shall respond to a request for discussion or resolution of technical problems immediately, but no more than 30-minutes of notification during a contract activation.

3.4 Airborne LiDAR Technical Team

• The contract shall include an Airborne LiDAR technical team responsible for overall managing, control, and support of the Airborne LiDAR suite equipment and secure data management support system and services. This oversight shall be 24/7/365.

• Contracted staff shall ensure that Airborne LiDAR data align with the USGA LiDAR Base Specifications and American Society for Photogrammetry and Remote Sensing (ASPRS) standards, and ensure key technical staff holds the specific professional credentials.

• Key personnel leading the project must hold ASPRS Certified Photogrammetrist credentials

• Staff managing the LiDAR data processing must be certified as ASPRS Certified Mapping Scientists in LiDAR

• The contractor must utilize Professional Land Surveyors licensed in the specific state(s) where the project is active to supervise ground control, establish calibration baselines, and certify the final vertical/horizontal accuracy of the data

• Airborne sensor technicians must have documented technical training and experience operating the specific aerial LiDAR hardware and integrating flight management systems.

3.5 Employee Identification

• The contractor shall ensure that all contract employees are always clearly identifiable as contractor personnel while performing duties under this contract.

• All correspondence, documentation, and communications prepared by contract employees shall clearly indicate their contractor status.

• The contractor shall ensure compliance with this requirement throughout the duration of the contract.

3.5.1 Identification Badge

• Contractor’s employees visiting government facilities shall wear an identification badge that, at a minimum, displays the contractor’s name, the employee’s photo, name, clearance-level and badge expiration date.

• Visiting contractor’s employees shall comply with all government escort rules and requirements.

• All contractors’ employees shall identify themselves as contractors when their status is not readily apparent and always display all identification and visitor badges in plain view above the waist.

3.5.2 Government Issued Badge

• Contractor’s employees working on-site at government facilities shall wear a government issued identification badge.

• All contractor employees shall identify themselves as contractors when their status is not readily apparent (in meetings, when answering government telephones, in e-mail messages, etc.) and always display their government issued badge in plain view above the waist.

3.6 Employee Conduct

• Contractor’s employees shall comply with all applicable government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of DHS uniforms, and possession of weapons) when visiting or working at government facilities.

• The contractor shall ensure contractor’s employees, and their representatives always present a professional appearance in servicing and performing the terms of the contract and that their conduct shall not reflect discredit on the United States, the Department of Homeland Security or FEMA.

• The PM shall ensure contractor’s employees understand and abide by Department of Homeland Security established rules, regulations and policies concerning safety and security.

3.7 Removing Employees for Misconduct or Security Reasons

• If at any time during the performance of this contract the COR determines it to be in the best interest of the government, the COR may order the contractor to remove personnel from further performance under this contract for security reasons, misconduct, or violation of regulations.

• In the event it becomes necessary to replace any contractor’s employee for any of the above reasons, the contractor shall bear all costs associated with such removal including the costs for replacement of any employee so removed.

• Removal does not relieve the contractor of the responsibility of continuing providing the services required under the contract.

• The CO will provide the contractor with a written explanation to support any request to remove an employee.

4.0 Government Key Personnel

4.1 Contracting Officer

• The CO has ultimate contracting authority, and all contracting issues fall under their purview. COs are responsible for administering the contract, including the resolution of disputes and protests, and terminating and/or closing out of the contract. COs are responsible for ensuring all contractors receive impartial, fair, and equitable treatment.

4.2 Contracting Officer’s Representative

• The COR is specifically appointed by the CO and delegated limited responsibilities for inspecting and accepting work performed by the contractor. The COR is responsible for assisting and advising the CO on technical matters relating to issuing task orders and administering the contract. The COR is not authorized to change any terms of the contract. Handling of Sensitive/Classified Technical Data: Review the performance reports, system architecture diagrams, or troubleshooting logs for these systems.

4.3 Program Manager

• The Program Manager (PM) may be appointed by the Component Acquisition Executive and/or the Response Operations Division and ensures the contract meets cost, schedule, and performance goals. The PM is responsible for articulating steady state and operational requirements on behalf of the agency, assesses impacts, and apply any mitigation needed to ensure objectives are met. The contract COR reports to the PM. The PM does not replace the Contracting Specialist, COR, or CO for this contract. The PM is not authorized to change any terms of the contract. Only the CO can give the contractor a Notice to Proceed or an executed task or call order.

4.4 Air Operations Program Office and Air Operations Branch

• The Air Operations Program Office (AOPO) plans, directs, coordinates, and implements Agency-wide aviation objectives and ensures compliance with external aviation reporting requirements to DHS and FAA. At the incident level, the Air Operations Branch (AOB) provides unified planning and operations coordination that integrates federal, state, and contract aviation participating in response efforts to meet incident objectives and strategies. The AOB/AOPO also coordinates with the FAA to ensure a safe flying environment, implements contingency airspace measures, and provides briefings to maintain situational awareness of aviation resources in the incident area.

5.0 Other Applicable Conditions

5.1 Security

• Additional security requirements may be specified in each task or call order. However, at a minimum, the contractor shall ensure all personnel assigned to this contract do not have criminal records and have the proper clearances to enter federal facilities, if required.

• Information made available to the contractor by the government for the performance of this effort shall be used only for those specified purposes and shall not be used in any other way without the written authorization of the CO.

• The contractor shall protect…