EICHENBERGER Q.ASSOCIATES ---- A legal professional association 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attn: 

Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2Wl000 

June 1, 2015 

RECElVED 

JUN 0 8 2015 

HEARING DOCKET 

Re: Motion for Decision 

DocketNo.: FAA-2014-0119 

Case No.: 2012-GL-07-0056 

To the Hearing Docket Clerk, 

Please find the enclosed Motion and corresponding exhibits for the above referenced matter. A 

copy of the same has also been served by facsimile to the FAA attorney and Judge Sullivan. 

If you have any questions, please do not hesitate to contact me at the number below. 

Enclosures 

CC: 

Kate Barber, Esq. 

Judge J.E. Sullivan 

j/ 

~~ P/trick J. Moro 

6037 Frantz Road, Suite 107l Dublin, Ohio 430171 T I 614-798-1600 I F I 614-798-1600 I www.eh1awyers.com 
In The Matter Of: 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

RECEIVED 

JUN 0 8 2015 

HEARING DOCKET 

DOCKET NO. F AA-2014-0119 

SPIRIT AVIONICS, LTD., 

) 

) 

) 

) 

) 

CASE NO. 2012-GL-07-0056 

Respondent. 

MOTION FOR DECISION 

Pursuant to 14 C.P.R. § 13.218(f)(5) and Rule 56( c) of the Federal Rules of Civil 

Procedure, Spirit Avionics, Ltd. hereby moves for a decision in its favor. No genuine issues of 

material fact exist and the Respondent is entitled to a decision in its favor as a matter oflaw. As 

grounds for this motion, Respondent states as follows: 

I. FACTUAL BACKGROUND 

On or about August of2010, Spirit Avionics, Ltd. (hereafter, the "Respondent") entered 

into a contract with the Federal Aviation Administration (hereafter, the "FAA") to perform work 

on a number of aircraft in its fleet (hereinafter referred to as the "Contract" and attached hereto 

as "Exhibit A"). The terms of the Contract provided that Respondent, as a prime contractor, 

would make a variety of interior modifications to the FAA's fleet of Beechcraft King Air 300 

aircraft. 

In the course of performance of the Contract, Respondent utilized the services of Lane 

Aviation, Corp. (hereafter "Lane Aviation"). Lane Aviation was responsible for completing the 

removal of old parts and hardware within the interior cabin of the aircraft, as well as completing 

the subsequent installation of new parts and hardware. Respondent also utilized the services of 

Tritex Corporation (hereafter, "Tritex") to provide fabric and other upholstery services. 
The involvement of both Lane Aviation and Tritex were necessary for successful 

completion of the work contemplated under the Contract becuase Respondent did not have the 

necessary credentials under its Operations Specifications, as required under the Federal Aviation 

Regulations, to complete every function outlined under the contract. Therefore, Respondent 

utilized the services of reputable and qualified subcontractors; Lane Aviation and Tritex. 

On June 8, 2012, Respondent received a Letter oflnvestigation from Stanley B. Barnes, 

the Principal Avionics Inspector with the Flight Standards District Office in Columbus, Ohio. 

The Letter of Investigation was related to an inspection conducted by Mr. Barnes on the premises 

of Lane Aviation on June 6, 2012. The Letter, authored by Mr. Barnes, asserted that certain 

undocumented parts were on a work table in the vicinity of N72, an aircraft belonging to 

Complainant, and that similar parts were installed on other aircraft belonging to Complainant 

without airworthiness release documentation. According to Mr. Barnes, such activity was 

contrary to Federal Aviation Regulations. 

Complainant issued a Notice of Proposed Civil Penalty on February 21, 2013. In 

response to the Notice, Respondent made an offer to settle, which was subsequently declined by 

Complainant. A Final Notice of Proposed Civil Penalty was issued on April 25, 2014 and 

Respondent requested a hearing immediately thereafter. 

Upon Respondent's request for a hearing, Complainant filed the instant Complaint 

(attached hereto as "EXHIBIT B") against Respondent on May 8, 2014. Complainant alleges 

that Respondent sold twenty-two (22) brackets and twenty-two (22) lanyards to Lane Aviation 

Corp. Complainant further alleged that said "sale" was in violation of 14 C.F.R §21.9(b) and 

that pursuant to 49 U.S.C. §46301, Respondent is subject to a civil penalty totaling $11,000.00. 

2 
II. APPLICABLE LAW 

A. Standard for Motion 

Respondent files the instant motion pursuant to 14 C.F.R. § 13.218(£)(5) and Rule 56( c) 

of the Federal Rules of Civil Procedure. As per 14 C.F.R. § 13.218(£)(5), the administrative law 

judge shall grant a party's motion for decision if the pleadings, depositions, answers to 

interrogatories, admissions, matters that the administrative law judge has officially noticed, or 

evidence introduced during the hearing show that there is no genuine issue of material fact and 

that the party making the motion is entitled to a decision as matter of law. By filing this Motion, 

Respondent bears the burden of showing that there is no genuine issue of material fact disputed 

by the parties. 

Pursuant to 14 C.F.R. § 13.218(£)(5), any motion for a decision on the merits prior to a 

testimonial hearing is reviewed under the same standard as a summary judgment motion (Civ. R. 

56). The purpose of summary judgment is "to isolate, then terminate, claims, defenses that are 

factually unsupported."1 

Pursuant to Civ. R. 56( a), a summary judgment motion may be granted if "the movant 

shows that there is no genuine dispute as to any material fact and the movant is entitled to 

judgment as a matter oflaw."2 

A fact is "material" if it is capable of affecting the substantial outcome of the litigation. 3 

A dispute is genuine if the evidence is such that a reasonable trier of fact could return a verdict 

for the non-moving party.4 

1 Steven Baicker-McKee, et. a!, Federal Civil Rules Handbook, West Publishing (2012) (Rule 56). 

'See, Anderson v. Liberty Lnbby, Inc., 477 U.S. 242, 247-48 (1986). 3 Liberty Lobby, Inc., 477 U.S. at 248. 

4 I d. at 248. 

3 
On a motion for summary judgment, all evidence and inferences are to be viewed in the 

light most favorable to the non-moving party. However, a non-moving party may not rest upon 

mere denials or allegations in the pleadings. A non-moving party who wishes to proceed to trial 

must respond to the motion for summary judgment and set forth specific facts sufficient to show 

there is a genuine issue for trial. 5 

B. Allegation against Respondent 

Complainant's sole allegation is that Respondent violated 14 C.F .R §21.9(b ). This 

section provides as follows: 

§ 21.9 Replacement and modification articles. 

(a) If a person knows, or should know, that a replacement or modification article 

is reasonably likely to be installed on a type-certificated product, the person may 

not produce that article unless it is-

(1) Produced under a type certificate; 

(2) Produced under an FAA production approval; 

(3) A standard part (such as a nut or bolt) manufactured in compliance 

with a government or established industry specification; 

( 4) A commercial part as defined in § 21.1 of this part; 

( 5) Produced by an owner or operator for maintaining or altering that 

owner or operator's product; or 

(6) Fabricated by an appropriately rated certificate holder with a quality 

system, and consumed in the repair or alteration of a product or article in 

accordance with part 43 of this chapter. 

(b) Except as provided in paragraphs (a)(l) through (a)(2) of this section, a person 

who produces a replacement or modification article for sale may not represent that 

part as suitable for installation on a type-certificated product. 

(c) Except as provided in paragraphs (a)(l) through (a)(2) of this section, a person 

may not sell or represent an article as suitable for installation on an aircraft typecertificated under§§ 21.25(a)(2) or 21.27 unless that article---

(1) Was declared surplus by the U.S. Armed Forces, and 

(2) Was intended for use on that aircraft model by the U.S. Armed Forces.6 

5 Celotex Corp v. Catrett, 477 U.S. 317, 324 (1986). 6 14 C.F.R §21.9 

4 
ill. ARGUMENT 

Respondent maintains that the instant action taken against it is a gross misapplication of 

facts and circumstances relating to the Contract and relationships with its subcontractors under 

the same. As such, Respondent requests that a decision be entered in its favor on the following 

grounds: 

A. Respondent's transaction with its sub-contractor was not, by definition, a "sale." 

Complainant alleges that on February 24, 2011, Respondent sold twenty-two (22) of the 

fabricated brackets and twenty-two of the fabricated lanyards to Lane Aviation as replacement or 

modification articles representing these parts as suitable for installation on the FAA aircraft.7 

Complainant further alleged that such activity violated Section 21.9 (b) of the Federal Aviation 

Regulations. 8 

The offense alleged, 14 C.F.R 21.9 (b), provides: "Except as provided in paragraphs 

(a)(l) through (a)(2) of this section, a person who produces a replacement or modification article 

for sale may not represent that part as suitable for installation on a type-certificated product." 

Part 21 of the Federal Aviation Regulations does not specifically defme the term "sale," 

however; this term is defined by other sources including: the Uniform Commercial Code, 

Black's Law Dictionary, and Webster's Dictionary. 

The Uniform Commercial Code ("UCC") regulates a variety of commercial transactions 

and has been adopted by the State of0hio9

. Article II of the UCC regulates commercial sales and 

defines a "sale" as consisting of the passing of title from the seller to the buyer for a price. 10 

7 Complaint, Paragraph 7. 

8 Complaint, Section II. 9 R.C. 1302.0l(A)(ll) 10 U.C.C. § 2-106(1) 

5 
Black's Law Dictionary defmes "sale" as "a contract between two parties, called, 

respectively, the "seller" (or vendor) and the "buyer" (or purchaser), by which the former, in 

consideration of the payment or promise of payment of a certain price in money, transfers to the 

latter the title and the possession of property."11 

Similarly, The Merriam-Webster Dictionary defines "sale" as "the act of selling; 

specifically: the transfer of ownership of and title to property from one person to another for a 

price."12 

The common thread in the definition from all the foregoing sources is the requirement 

that there exist a "passing of title." Legal title is defined as "Ownership of property that is 

cognizable or enforceable in a court of law, or one that is complete and perfect in terms of the 

apparent right of ownership and possession, but that, unlike equitable title, carries no beneficial 

interest in the property." 13 

A "sale" clearly and unequivocally did not take place on February 24, 2011. At no time 

throughout the course of performance of the contract did there exist in Respondent an intent to 

pass title of any part used by Lane Aviation in the course of performing work as a subcontractor 

for Respondent under the FAA Contract. Further, neither Lane Aviation nor Tritex assumed title 

to the parts in question as all parts were exclusively consumed by the FAA aircraft in 

subcontractor's course of performance of the Contract. 

Every single part, purchased or manufactured by Respondent, was done so for the limited 

application to the Beechcraft King Air 300 aircraft identified in the Contract with the F AA. 14 

Pursuant to company policy and the Contract, Respondent would obtain the necessary parts, 

11 Blacks Law Dictionary 1200 (5th ed. 1979). 12 "sale." Merriam-Webster Online Dictionary. 2015. http://www.merriam-webster.com (20 May 2015). 

13 legal title. (n.d.) West's Encyclopedia of American Law, edition 2. (2008). 14 Decl. Ochs ~ 14 (attached hereto as "Exhibit C"). 

6 
equipment, and materials required for the work under the Contract, receive them into their 

inventory quality management system, maintain such parts and materials in a secured area at 

Respondent's place of business, and then release them to the appropriate subcontractor when the 

time came for such subcontractor to perform its portion of the Contract. 15 

Thus, the twenty-two (22) brackets and the twenty-two (22) lanyards identified in the 

allegations of the Complaint were specifically provided to Lane Aviation for performance of its 

relative duty under the FAA Contract where Respondent was the prime contractor. 

In support of its assertion that Respondent "sold" fabricated parts to Lane Aviation, 

Complainant identifies an invoice issued by Respondent to its sub-contractor, Lane Aviation, on 

February 24, 2011. 16 The invoice (attached hereto as "EXHIBIT D"), is for the amount of 

$7,416.91 with the description "Lane Aviation portion of purchase and assembly of headliner 

install kits. Kits supplied to be used for the 3rd FAA aircraft through the 18th aircraft." Exhibit D 

does not illustrate a transaction contrary to 14 C.F.R. §21.9(b). Rather, it illustrates the cost 

sharing obligations between a prime contractor and subcontractor, a relatively common 

phenomenon that occurs in prime/ subcontractor relationships. 

At some point after Respondent was awarded the Contract, but before performance had 

commenced, it was determined between Respondent, Lane Aviation, and Tritex, that the cost of a 

parts kit submitted in the bid for the contract had been miscalculated. The specific parts kit was 

for installation of the headliners inside the aircraft. All three parties acknowledged that this was a 

mutual mistake and therefore decided to share the loss associated with sourcing and ordering the 

additional parts since each party would require the parts for completing their respective portions 

15 Ochs Dec!., 17. 

16 The referenced invoices were provided to Respondent by way of discovery and are identified in the document 

titled "Items of Proof (lOP) Index." 

7 
of the Contract.17 Tritex was also invoiced for this same amount and description as evidenced in 

the invoice attached hereto as "EXHIBIT E." 

Rather than expose any of the parties to a potential risk of breach under the Contract, 

Respondent, Lane Aviation, and Tritex took a proactive measure to ensure to Contract was 

practical for all parties involved, especially its customer under the Contract, the FAA. 

After Respondent, Lane Aviation, and Tritex dealt with the miscalculation of the bid 

package, performance under the Contract commenced without issue. Respondent would source 

the parts, hardware, equipment and any materials with funds provided by the FAA, these parts 

would then be received through Respondents inventory and quality management procedures and 

would remain secured Respondent's premises until it was necessary for Respondent to release 

parts to either Lane Aviation or Tritex. 

At no point did either Lane Aviation or Tritex issue purchase orders for any parts 

required under the Contract. Further, neither Lane Aviation nor Tritex received any parts into 

their respective inventories or parts quality systems. Thus, any intent on behalf of either Lane 

Aviation or Tritext to purchase the parts in question is lacking. 

B. The terms of the contract with the FAA specifically address the FAA 's ownership of 

parts and equipment purchased in the course of performance of the contract. 

The Contract, which was drafted by the FAA, is broken into multiple performance 

periods. Each performance period, contains specific clauses and bears the identifier CLIN and 

then a series of numbers corresponding to its place in the Contract. In each performance period, 

the Contract specifically addresses ownership of materials and equipment used in connection 

with the contract. This particular provision appears throughout the contract and reads as follows: 

17 Ochs Dec!.~ 9, 10. 

8 
CLIN 0004 - Materials Acquired by the Contractor for the Government-all 

materials and equipment acquired with government funding are property of the 

FAA and shall be maintained lAW Government Furnished Property (GFP) . . fth 18 provisiOns o e contract. 

The terms of the Contract required all parts to be purchased with funds from the FAA and 

all parts, materials, and equipment were in fact purchased by Respondent with FAA funds. 19 The 

presence of this clause serves to bolster the fact that Respondent never sold any parts to its 

subcontractor. The parts in question were the property of the FAA and not the property of Lane 

Aviation. 

The parts were held in the custody of Respondent, in its role as the prime contractor, and 

issued to the respective subcontractor only when necessary to perform their role under the 

Contract. 

C. The activity complained of is outside the scope of 14 C.F.R. § 21 as contemplated by 

the FAA. 

The factual allegations that Respondent violated any portion of the Federal Aviation 

Regulations are without merit. Further, the allegations by Complainant are outside the scope of 

14 C.F.R. § 21.9(b) as articulated by the FAA. 

In 2009, the FAA proposed a variety of amendments to a cluster of sections of the 

Federal Aviation Regulations addressing Production and Airworthiness Approvals, Part 

Marking, and Miscellaneous Amendments; this included § 21. The final rule relating to the 

proposed amendments sheds some light on the regulatory intent of§ 21 as a whole. For example, 

in the "Background," the FAA cites the globalization of the aviation industry as it relates to the 

manufacture of replacement parts and articles that were once predominantly produced in 

18 This clause appears under CLIN 0004, CLIN 1004, CLIN 2004, CLIN 3004, and CLIN 4004 of the Contract on 

pages: 3, 6, 8, 10, and 12. 19 Ochs Decl. ~ 14. 

9 
controlled environments by U.S. aircraft manufacturers.20 At this time, a good portion of parts 

were now being produced in foreign countries, and the FAA had a strong concern for the quality 

of parts produced internationally, as well as those parts produced by less experienced domestic 

manufacturers. 

The FAA's description in the Final Rule relating to "representations" under §21, an 

element of the charged offense, is particularly illustrative of the direction they were trying to 

position the rule. This portion reads as follows: 

Representation may include, but is not limited to, a producer advertising its parts 

in aviation magazines; representing the part with statements such as "aviation 

quality" or "as previously installed on"; issuing aviation parts catalogs; or 

marketing at aviation trade shows and conferences. Owners, operators, producers, 

and maintenance providers rely on these representations to determine the 

airworthiness of an aircraft, or the acceptability of products and articles for a 

given application. Therefore, these representations must be truthful.21 

The Language used by the FAA suggests that the purpose of the rule is to prevent 

unqualified parts being installed on aircraft. This Final Rule, which is now in effect, is a 

preventative measure to quash an inevitable flood of bad parts into the marketplace. They simply 

did not want any run of the mill manufacturer making parts and holding them out to the public as 

appropriate for installation on type certificated aircraft when they are in fact not. At no point do 

they mention the fabrication of parts by a prime contractor who later provides those parts to its 

subcontractor for installation. 

In fact, it was within this Final Rule that the FAA promulgated §21.9(a)(6), which allows 

appropriately rated certificate holders with a quality system to produce replacement and 

modification articles consumed in the repair or alteration of a product or article in accordance 

20 Production and Airworthiness Approvals, Part Marking, and Miscellaneous Amendments, 74 Fed. Reg. 53368, 

(Oct. 16, 20009) (amending 14 C.F.R. pt. 1, 21, 43, 45) 21 ld. at 53373. 

10 
with14 C.P.R. §43.22 Respondent is an appropriately rated certificate holder with a quality 

system and any parts fabricated under this Contract were solely consumed by the aircraft under 

that Contract in accordance with §43. 

IV. CONCLUSION 

To say that Respondent violated 14 C.P.R. § 21.9(b) is completely unsupported by the 

evidence. The invoices submitted herein as Exhibit C and Exhibit D illustrate an effort to keep 

track of costs of performance between three contracting parties (Respondent, Lane Aviation, and 

Tritex). As established above, the invoices between Lane Aviation and Tritex were not, by 

defmition, a "sale." Lane Aviation never had possession or title to the parts as Respondent 

remained in sole custody of the parts until they were issued to the appropriate subcontract as 

necessary. 

Respondent, Lane Aviation, and Tritex were acutely aware that all parts were to be 

consumed in the course of performance under the Contract and that any parts purchased were the 

solely the property of the FAA as this was expressly contained within the Contract. Further, Lane 

Aviation and Tritex never issued purchase orders, request for quotes, or any other documentation 

typically issued by a company in the course of business that would suggest an intent to purchase 

anything. 

Respondent submits that there are no genume issues of material fact. As such, 

Respondent is entitled to judgment as a matter of law on the grounds that the activity between 

Respondent and its subcontractor was not a "sale" and therefore did not violate 14 C.F .R. 

§21.9(b). 

"ld. at 53373. 

11 
Respectfully submitted, 

:7 . 

·erry A Eichenberger (0010855) 

Patrick J. Mora (0091934) 

EICHENBERGER & ASSOCIATES 

6037 Frantz Road, Suite 107 

Dublin, Ohio 43017 

Phone 614-798-1600 

Fax: 614-798-1620 

jeichenberger@ehlawyers.com 

pmoro@ehlawyers.com 

Attorneys for Respondent 

12 
I hereby certify that the foregoing Motion for Decision has been mailed this date by U.S. Mail 

and facsimile to: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1000 

Fax: 202-267-1293 

Attorney Kate Barber 

Federal Aviation Administration 

Great Laks Region, AGL-7 

2300 East Devon Avenue 

Des Plaines, IL 60018 

Fax: 847-294-7498 

The Honorable J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

Fax: 202-366-7536 

13 
. . . :· . ·.• 

-~~~;!! . JiAR.tiO:secnoN.asl.Jt;!piJE$($ERVICES .... ; .· ,. ' . . ' . ·· .... ,., . ' . 

· JUN .. 0 8 ·Z015 

HEARING QOCKE;T 
DTFAAC-10-D-00039 

Mod 0003, 21 September 2010 

Page 3 of 35 

Report and Drawin!ls 

Cockpit Curtain Design A008 

Pilot/Co-Pilot Coolina Fan Design A009 

Cockpit Downwash Master Switch Desian & Data A009a 

Cabin Headliner Desian A010 

Entryway Headliner Desicm and Data A010a 

Cabin Lower Side Panel Desicm A011 

Cabin Upper Sidewall Panel Design A012 

Cabin SeatinQ Desi!ln and Data A013 

LED Liahting Desian and Data A014 

Entrvwav LED Liahtin!l Desian and Data A014a 

Oxygen Mask Dispensin!l Units Desi!ln and Data A015 

Total CUN Price $431,830.74 

Acceptance: Certification Documentation by the Approver 

Payment: upon delivery and acceptance 

Delivery of Services: Annually 

Acceptance: Evidenced by approved data package 

The payment schedule is provided as follows: ·· ,) 

Preliminarv Design Review (PDR}: payment of 65% oftotal- $286.875.07 (paid),Vf__... 

Critical Design Review (PDR): payment of 15% of total- $66.201.94 (paid) 'I?~ 

Receipt of the final approved data package: $78.753.73 due at final approval:"'. " ,.·! 

CLIN 0003 - Labor to complete restore, refurbish or replace 

assemblies, accessories, and miscellaneous equipment In 

the aircraft interior as described in the PWS Para. 8.0. The 

CO or designated CO representative shall provide authorization 

to proceed in advance by task order. Billing and payment 

shall comply with authorized task order at the established 

Fixed Hourly Rate. 

FIXED HOURLY RATE 

FAA Estimated Hours per aircraft = 110 hrs 

Estimated Aircraft= 3 (prototype and two Be-300 aircraft) 

Proposed Fixed Hourly Rate $84.00 per hour 

Estimated Not-To-Exceed= $27,720.00 

CLIN 0004 - Materials Acquired by the Contractor for the 

Government -all materials and equipment acquIred with 

government funding are property of the FAA and shall be 

maintained lAW Government Furnished Property (GFP) 

provisions of the contract. 

COST REIMBURSABLE 

A. Replacement parts or materials $5,000.00 

supporting the refurbishment FAA Estimate 

of the Be-300 Aircraft interior enhancement 

: .. ·_: ~ (' 
. . . .. . 

·. ·' .. ·•,· .,•. . · '· ... ~~;tb-Jl"ObOJ9 ·. "<t-1o~'- ·.tfoi:i3·," ·:h .. ·Srip~arhl:ler ·2Ql.O 

.... :.;·~~~'~· -~----"~¥ 3/~ 

ltoneATime Material Purcndse fot Ree.t •·. s 1.4tn.a~G.62 , , · stipportlniJ the ~fitrplsl:nhent ·· . csumaiil~ 

~f ~¢ ·t!<tS,OO !'JI;\ifal't:inll;ldor enhancement 

: ·.: .:-/:·. _,:;' .··: . 

~,s,ql!li ii.t!!1:io.r. Eqha~t:ei!Jell~ . 

. . - . : . . . - -

Fil(ed Hpl\rly l'l!!li;!'frir Shtip, Lllb!lr $84.00 

To~l ei!tlmaiea nOt:~fu...ext:eed: $1s,ooa;oo Ace<:!Piari.,e~ lAW alliho.rizedTask Order · · .· Pawent Upon Completion ofTask. 

' . ·, 

·.·.· 

-;··. 
'· .. ,.·.· 

' .,_ .. ,_,_:' -: ... _·--~. 

. '.··:, .. _ .. --

Do.'l'MC-l.C-D-00039 · 

.::~oct· d~03, .zl SaptembeX :atJiO _ -.Pa$fe· .s ci~ -~:-s-
.. ::. ,, : 

IlTi1AAc .. io"Ii~o~ti3D ., ,. ' •. 

. · .•.• OPTIQNJ.Pe.rlod_oft>erfotrfi~rtc~ -•!Apdl.2n~1••. ··6•Aoril2o12 

/Mod .-0003·, :ai· S~~~-E;n\cer ·2-oiO . · '~age. ~-- _Qf,_ l!? · .. · 

·-.: 

JieMtlESCRJPTION . 

·····~~~~~.~~l~~~~~e~rl~f,~l:~11~~$.£~~a~e . the aircraft lntenic# as:descn"bed·liftheJ1

W$!P,alii;:a,o. 'l'iJe .. •· jjt!~~J,~~~~l~iW{~~~~~-~;l~l~g~=~~:a~on. . shatJtr;~mii'YY~iib :.ili~htirl;!iltJ,lll~!t.!:ir9~r "!t'ttJ~ ·~bH.,he<;l ·· Flxe1fHburty Rate' · . · · · · .FJXEPHOURL'(RA'f:E:. •· · .. 

. . f~~~~m~p-Ho!J~~~~jrcraft·~:-.11~ . . . ~~rr)ate!l Alrci>'lfl::· 4 ;{ftl~r'~'e\-31JO .!il}rcr!'i(t). · · 

'S5iabtl$!ied Fll\eil fiil\Jriy ~ifl ~~~;zci ~~rhour : /'.,' · Tqta!G~;tlmaled not,io,-i;1(caed: $3!l;soa:oo. . . • 

_.,. 

Gt1N.1004 ·Matef!al~ Ai:quti"E!d'jiythe·&i'nithu:totfrlT•the . 

Governmer;t -;ail ri'!~t!!flalo;;aoc! equl Plllert.t a~qiJ!r~!i "'lth . goveril,r.rientfun!lfng a(Ei prop~ of ~l),f'AJi\ani:l :Slti3U be · oiili!l~ili&d lAW Goverrii;Je.bt Furnished Pr~per:ty {l:!;FPJ provisions ofth~ -~anti':~Ct.. · · ·· ¢osT.REiMEIURSAB!..E 

·· Tctal'esllmatsd noHcH~xceed: '$5;0()0;00. . , , .. : 

·Payment Monthly IAWTa:;~9i'deraut!loijzaHgri .. 

CUN.10{15 RESE!WEl:J ... 

. ,: · __ ·.'. 

,-_ ... 

-.--:. 

... ' 
and 

return It 

With 

Tot..l ~limaled OQt-tO-exceed: $2o,ooo.~Q Ac~p:ti)nce: • t,ipoli c;Oti!Pletlon JAW!!~tlio~!l~ tl?SkOrder Paymer~)! Monthly 

: -: ' . 

n'!'.~C~l,o-o~poQaJ; 

Mod,: .. ~Oti3-j ·._a::~;.· "Sept~ex:: =2o'io· 

· · >l!agi;. 1 <it ~s 

'·.· 

~-. 

rotAL E~TIMATED NOT•TOiEl{CEE~~()l< OPTION!: ss22.77&4n 
•DTK~.l\C~io.ci!-ll.DU3 ~. 

· '~9d_ ooo3.,- 2t ~s~p~~~-~:; if4iJJ · _:,::~-~e- ~- -0~ .-35 

J!!:~WJ!~-~'~g~'WoRL$ . · . ·. >•····•···• •· .. ·.·• .· • f.>ayn,eri~·i!12. efi..imuei!'ti~d prlcermonlll ~ $12,z5a;aa 

cLJN2riai'~$e~Vi:t~:?\ ···• . · · ·.· ·· 

.·.··i;!~~e~~f~~it~~~tt~e~r:~~r~:~~b~~~~~w~~~;,e . . . the. alnmiltlntefloras:tli#C:iilbed·ln J:iie PWS Para.a.o~ Tile · · 

co. -?r !ie~i9rr.ile.iicoi(!!pf~~~~~~ative shall pr()}vi~e.~iithorkanon. to ·pr<>ceed·b'i affl$!'1C;e-l;ij;fask order.· Billiltg ancl:paym!!nt .. 

· · · shalt t:ii!J1PIYWi!h•~iitticiJ:'i;ef!t1ls!l ortler at the esf.\tilisll.ed .·. Filli!!H:I!i@y8;at~~ · ;· > . . . . . . · . . FIXED'HOURLYMTE --,--- .,.,, . '" ..... ,.,, ___ , ___ ,_, ____ ,_ ' . . : ~- _, ., :,:::-. ·' .... 

· .. ~Af<~maieat!M&.~""t~@riift." 110 ·!OsUmate~;-"llmf<!lt ;.~ ,'(@Qr: El""~OP .aircraft} ·RmPPSed'F!Xed·;l'l!!t.D'I¥R;3te~SZB1•_parhO\!f 

.~~~P~!~~~~:;=#dt]s~g:~o P11Y111en~ M.CinthiY lJl.\JVTijiik.Ord.erAu!horization 

~uf. 21itlol • ~ilt~ti~lii j\i:qJi~ed hy1:he Contradtor fprijle · Gillll!mment ;.e;alhnateiial~'andequlpmentacqtlln~dwi!h · · govemmant fu!\d,jng'';liii p1"9peny of th<> FAA and ;.~all be 

ril<~inlioined ~AW Gc>ii<i!rlll\1erit Furnished Property (GF~) · · proYision!' ofthe ci;ii))ra~ . · · · · 

. CQST ~IMBURSA,BL!!; · ·. 

Toial estimated no~~tq·ex®e1d: $5,000.00 

Payment. Monthly JAW Tl1!;lt Order aulhorizaiion 

: .. 

··-' .. 
.· .... 

. ,. . . . . . 

CLIMioo!i){EsERvEO• 

·.iJ#.M~~ld-!l~nooas ':r~9d :_op~3.1 2i :s·e:Pteniher_ ·2p~O­ . ~~~~ S ·air .35 

CL;iN ~\10~ ~ p~11lfi~cf ~300 .i i!tllriQ~ ~llF~i]celTI~~ pefaiicnnt · . lAW·~M !W\ftHl!!i:~; ?;fl, AJI't;r<JIJ J;iol:ia~e?.P~nt.will ~il ~rCI~rei!: . . ,bytli~·.FM.ai>irequi~~q. FIXEO·PHICE , 

·. ; .. -

: Toiala~m~eitn6t"tq,ex~d: $2o,ooo,oo 

P?YrnioiJt: iUpof! camplation lAW aulhoraad Task Ordar 

TOTAL E~TI~ATED NOT-TOJ:XCEED F~R OPTION u: $948.561);84 . . - .. - .. ... . ....... . . . . ,. . . . . . . 
··, ... .,· 

OPTION ill- t>~riolb"lf Performance i ~ptil io'li .·.:ifAprll2013 

ITEM DESCRIPTiON . '· ... '; 

Tolal estimated not!o exceed: $5,000.00 , · ... 

f'ayment: . Mof!ihlY lAW Task order au!ho.• i?;i!Jori 

CLIN 3005:~J;~E~'JE;D 

Jl\l'!;'AJ?.Ccl·o~n~aooa!! ·· · -~Od ·rioo~-:, 2!-. S~ptetnliel: 2.D:Li:J 

. Page. ·1..~ --~~..:is 

. .. :.· 
-... 

J;;$!jm;;>led not 1:t> exceed ~-l!l20;QOO.OO . 

A!;C!IP!iane?: Upon t:Omill$tf1Jn JAW 13\lthorlzed Task Or;der Payment: MqnthlY · · · ·· · · 

. .. . . . ·. . . . 

;D~AAC-J;D"D~00b3s . ·-:-,.,oa. .uti.b::s, .-.2i ·Sep~e$~i·;2D10 

,~g~_-- ;!l:i, .:o:e _3~ 

. ·_:;:-.: .. 

. .TOTAL ESTIMATEO .. NOT·TO,EXCEED FOROPTIONili: $ 976.'159,24 . ~. .. . . . . . ' ·-- . --- . . . . . . . ' . . .,. . . -· 
· ·:oPTION IV.:,:PetidtiofPertorrO;;mce 7 Aprii2D14·-'oApriL2015 

. ·'JJTFAllC"10"D-00039 

~qa o~o3, :,Z1.· s~pi:·~-~:r 2010 

PagS-: i~ of 3·s 

--- -·- ·- -- , ... -- ...... -' ··-. - ... . - -- .. 

ITEM•OESCRIP'rlci!N , 

C~l~ 4Qtrl, ~l"iri9rlllll'M~iljjg\l!llen~. D~gfl'l'lltlteiilli M~nageliJi.nt..afid ·.. . .. . MitiinJiitfiltloii requin:iiUii support t!te E5e¢.i:b fel'ur!liilft!nent, as ··. · ..• · •.• 

. . ·rrr~~~'f~fill~~~~:ilvt~~P<£rm~es; Ji\e fllilriWingreppitS shaii. be.' 

· Total·esflmated·hot:toaxueetl: .$5,000,00 

Payment: Montlily tAW Task Order aulln>rb:allori 

CUN. 49D!i:R$E~V,ED 

·, ., ,.,. 

. . ·. ~. 

- .: .. · -
.. • • <. •• • --= ' -- . . . 

· CLiN 4006. Certifle~ Be•3Dn lntertorEri!tancem~rit . P11f~irc:riitt lAW the PWs paraia.il~ 1!iri:i'ilff ·· ·· · t:;nn~~c;em~ritwitr·ti~ ~ill~*i!.!l !:iY the F=M as . ·· · reqi.ii~eq. f'IX!=Q PRICt; . 

F.IX~d·H~unyR$te for St\qplaJ~r-$1~i1 !i. 

'§'Umated omit! exceed ~:Jl15;oQo.oo · .. · .. 

. . ·~~~B~~~::l:U~~[~~~t~rcer ·. 

riTl?MC~i~"D~iJOB39 "· :MQd c0003, 21. S~p~!ll'b~.-.:~fbiO 

~~e-:ia: _ ,-o~ .. -~s 

•·.·.······,ii~i~tJ~~~~:}:&~~~t~~~g;~·!~~re~~~~::·· .. · ..... ··. •·· :Sactloli H. Clause RB.Ov¢~.·;i~d.~olie.anrl f!WS,fiaragrailbJI& 

· ·.··~~~r~~:~t1~:;~~~~~~~~r::~~~:~vcl:~~~~~~~~~ts f9r ~lie!l~ .~el'llicas shal!h!l r•mue$t:l,l~:~ ~rltlng by the F,A:Jl. · ·. ConW!ctingam~nn·acnordanllewitli PWS.proiigll!Ph!t1, ...... . COS"(REIMBURSASLE' . .. . . . ...•...• ' 

'Estimatedtiotti:>exceed: $15,000•00 · ··· ...... . ··.• ; Accepiimci!: Upon coin!lle#oil•!AWau!l11)nzed Task Q~d;i( .. · PayiiJent illlonihly .,, ·.. • .• :< -' 
: .-_\' 

' ' ~ ' - ' 

,, ' 

. . PARTI•SEC'l'lONC 

' :nE:sGfi,lPTlONISPECSIWORKSTATEMENT 

SCOPE OF WOBK{j~ 1~~7; ..... , , ..... · ...... , '.· , . . 

0.3, 

m'l~erla!.;, pomponentpartS, or 

Ft!ndsforWhichl:he· 

"C!ol!lllililli.!ID.!1!!!k.\l!!!!~~. AT ask otd~rmay~keqne of two basic forfu~.,:;comple!!oh or 

term 

(1) Jilt\ oornpll'!lic;~n t;Jsk i:!rdE!l" qescrjbes tlja l!!it!Pe iJfwor!Uiy stating a defimte >ioel or 

targi>t and specll'yinl! an 1:\fld ,Rr<?,di,Jp1. T~ls form Cif con.itl'!cfri<;~mialfy requires !he contractor to 

complete and deliver l:he.:;p!J.Cl!lad and . .produot{e.g,. ailllaf reporJ:9f research aoocmpl!shfng l:he.goal Of target) Within lhe negR,fiate;:J <:o!i'\. :<Is a cpndillan for p;;iyfll,BQI<;Jf'\he entire firm·f!Xedi{rice. . . 

. · . (J1''PerformanceWoik.Sta:tem~nt The.documanttlratdesc;ribes the requirements. and: . · 

technical specifloalionswr$efvlces :to be.performed amf st!Jndards used to deteimlne lllat · requirements have been ti!EII. · · · · 
··•·· i . · ... ·.·· ... · ··. ·. · ... · .· ·~~~!,li!l~C:!~'~~ Pi"~~;;!~~; a~~~~ · < - 'l?a-e-isof-35 

}!:1,-i::~~~~~!rut thms!> <Jcltons ~!iln by 1J]e (3overnmin)ttq asJ!ureservTc!;ls m~~f. 

;~i~~~St~~~;~~!~i~~~S~~~tra,~·.or. ~~ loe<;Jolroltheprocesses , BIJ'UI"m· standards. 

Atla.chm~~1ts• 

chaf1S~s ln 
G.4 SERVICEABLE AND IRREPARABLE ITEMS (JAN 1997) 

DTFAAC-~0-D-00039 

Mod 0001, 4 August 2010 

Page l.!i of 35 

GLA.1202 

(a) In the event the contractor receives Government-owned unlts which are considered to be 

either (1) serviceable as received or (2) Irreparable, he shall furnish a detailed recommendation to the 

· Contracting Officer within 15 calendar days after receipt of the unit(s). The Contracting Officer will make 

a determination as to fue condition of the unlt(s) based upon data furnished by the contractor and/or a 

physical inspection of the unit(s} by authorized Government personnel. 

(b) The Contracting Officer will furnish disposition instructions for serviceable/irreparable units and 

the contraclor shall be entitled to be paid only the appropriate fee for Inspection and/or testing as 

specified under Part I -Section B. 

(c) Failure to agree to the condition of the units shall be a dispute concerning a question of fact 

wlthln the meaning of the clause of this contract entitled Contract Disputes, AMS 3.9.1-1. 

G.5 ADDITIONAL WORK {JAN 1997) CLA.1226 

(a) The contractor shall furnish, when so directed by the Contracting Officer, additional 

maintenance In Seclion B items which Is not otherwise Included In the specifications herein. Such 

maintenance may include anyfuncUons defined as maintenance in Federal Aviation Regulations (FAR) 

, 145. 'Additional maintenance" also Includes the accomplishment of airworthiness directives, service 

bulletins, manual revisions, etc., issued after the date of solicitation issuance, and labor expended in the 

teardown and Inspection of units deemed Irreparable in accordance with the article "Irreparable Contract 

Items." 

(b) Paymentfor additional work will be based on the hourly composite rete shown In Section B, or, 

if there Is no hourly composite rate, the amountofreimbursementwnt be subject to negotiation. 

G.5 RESIDUAL CONTRACTOR INVENTORY (JAN. 1997) GLA.1313 

If there are parts, material or supplies which are obtained by the contractor but are not furnished, 

Installed, or consumed In the performance of this contract, such Items shall not be paid for by the 

Government. Such parts shall be kept separate from any Govemment-fumlshed property, at ali times, 

and shall remain the property of the contractor. 

G.6 OVERHAUL MANUALS (JAN 1997) CLA.1316 

The contractor shall possess, or obtain at Its own expense, all applicable manufacturer's manuals 

and other technlcel data, except for FAA-published technical data which wm be furnished by the 

Government at no cost. 

3.10.5-1 PRODUCT IMPROVEMEN.TTfECHNOLOGY ENHANCEMENT (April1996) 

(a) At any time during the performance of a contract, a Contractor may submit, or the FAA 

may solicit product Improvement/technology enhancement proposals for FAA review. Contractors are 

encouraged to discuss product improvement! technology enhancement ideas with the FAA prior to 

preparing and submitting a formal proposal. These proposals should suggest methods for performing 

more economically and/or methods for Incorporating emerging technology. Changes may be 

proposed to save money, to Improve performance or reliablllly, to save energy or space, to satisfy 

increased data processing requirements, to incorporate technologicel advances in software, or for 

other technical or business reasons that the Contractor believes may be advantageous to the FAA 
DTFAAC-~O-D-00039 

Mad ooo~. 4 August 20~0 

Page ~7 of 35 

Discontinuance of equipment Is subject to negotiations and to the FAA's written approval prior to the 

introduction of a substitute product. . 

(b) The Government is not liable for product improvement/technology enhancement proposal 

preparation costs or any delay In acting upon any proposal. The Contractor has the right to withdraw, 

in whole or in part, any proposal not accepted by the FM within the period specified In the proposal. 

The decision of the Contractlng Officer as to the acceptance or rejection of a proposed change is final 

and notsubjectto dispute. Proposals Will be valid for a reasonable period of time but not less than 30 

days. · 

(c) The FAA may approve any proposed change either, In whole or in part, and, If approved, 

tha change will be incorporated Into the contract by mutual agreement. The contract modiflca!lon will 

include an equitable adjustment for the resultant costs or savings, if any, and modify any other 

affected provision of the contract, If any. Un!ll the effective date of the modlilcation, the Contractor 

shall perform In accordance With the exlstlng contract 

(d) As a minimum, the following information should be submittad by the Contractor with each 

proposal. The extent and detail provided should be propor!lonate to the complexity ant:!/ or value of the 

proposed change. 

• (1) A description of the difference between the existing contract.requirement and the 

proposed change, and the comparal!ve advantages and disadvantages of each; 

(2) A discussion of the functions of systems, equipment, facilities, services and 

supplies for the purpose of achieving the essential functions at the lowest life cycle cost and 

consistent with required periormance, reliability, quality, and safety; 

(3) Itemized requirements of the contract which must be changed If the proposal is 

adopted, and the proposed revision to the contract for each such change; 

(4) An estimate of the changes in performance and cost, If any, that will result from 

adoption of the proposal; 

(5) An evaluation of the effects the proposed change would have on collateral costs to 

the Government, such as FM-fumlshecl property costs, costs of related items, and costs of 

maintenance and operation; 

(6) A statement of the time by which work must begin on change so as to obtain the 

maximum benefits of the changes during the remainder of the contract; 

(7) A statement of the effect on the contract completion date or deliverY schedule; and 

{8) A reasonable method for sharing lh the proposed savings, If any, if the proposed 

change would result In a reduct! an In the overall life cycle costs. · 

E.1 

PART I ·SECTION D- PACKAGING AND MARKING 

NA 

PART I-SECTION E ·INSPECTION AND ACCEPTANCE 

INSPECTION AND ACCEPTANCE (JAN 1997} CLA.1901 

(a) Source Inspection of the material by an authorized representative of the Federal Aviation 

Admlnlstratlon shall be made prior to shipment atthe contractor's plant in accordance with the contract 

terms end conditions. The contractor shall give the Contracting· Officer notice at least 15 working days 

prior to readiness for inspection. Such n!Jtlce shall include FAA deliverY order number, FAA contract 

number and date or proposed Inspection. The contractor shall indicate ln the following space the location 

of the plant where the materiel Will be available far Inspection. 

Plant J...ane Aviation 

Location Columbus OH KCMH Airport 
DTFAAC-~O-D-0003S 

Mod 0001, 4 August 2010 

Page 18 of 35 

(b) Final inspection at desllnatlan sha!l be ONL Yfor damage In transit, quantity, Item substitution, 

and visual defects. 

(c) Anal acceptance shall be at destination. 

(d) The provisions of this clause shall in no way be construed to limit the rights of the Government 

under the clause entitled: 

"inspection of Supplies-Cost Reimbursement" (AMS 3.10.4-3) April1996 

'1nspectlon of Services- Fixed-Price and Cost Reimbursement (AMS.3.10.4-4) April1996 

"inspectlon-11me-and-Matertal and Labor-Hour (AMS 3.10.4-5) Aprll1996 

3.1·1 Clauses and Provisions Incorporated by reference (December 2005) 

This screening information request (SIR) or contract, as appilcable, incorporates by reference the 

provisions or clauses listed below with the same force and effect as If they were given in full text. Upon 

request, the Contracting Offlcer will make the full text available, or offerors and contractors may obtain 

the full text ~a Internet at • 

http://conwrlte.faa.gov (on this web page, select "Search and View Clauses"). 

3.10.4-3 Inspection of Supplies-Cost Reimbursement (April1996) 

3.10.4-4lnspection of Services-Both Flxed-F'rtce & Cost Reimbursement (Apn11996) 

3.1 0.4-5lnspectlon -11me and Material and Labor-Hour {April 1996) 

PART I ·SECTION F ·DELIVERIES OR PERFORMANCE 

F.1 DELIVERY SCHEDULE (SUPPLIES) (JANUARY 1997) 

CLA.0118R 

(a) The Government desires and requires delivery of the supplies under this contract within the 

number of calendar days stated below beginning on the date of contractors recii'lpt of aircraft for 

installation at vendor's site: 

COLUMN 1 COLUMN2 COLUMNS COLUMN4 COLUMNS 

Line Qtyto be Delivery Time DeUvery Time Delivery Time 

ltem(sl (a)Dellverecl Ib )_Desired (c)Prooosed (dl Required 

Certified Enhancement 1 180DaysARO 18DARO 210 DaysARO 

Prototype 

For the Aircraft 

*Delivery Order 1 45DaysARO 60ARO 70 DaysARO 

for Certified 

Aircraft 

Enhancement 

Services 

(per aircraft) I .. •contmgent upon vendor successful completion and certification of the Prototype. 

(b) If the offeror ls unable to meet the DESIRED delivery schedule set forth in column (b) above, 

he may enier in column {c) the delivery schedule he is prepared to meet. Specifically, should the 

Government determine such proposed delivery schedule to be unacceptable the Government reserves 

the right to award to an offeror submitting other than the lowest offer as to price, if such action wtll provide 
DTFAAC-10-D-0003~ 

Mod 0001 1 4 August 2010 

, :Page ~9 of 35 

an acceptable delivery and is determined to be in the best interests of the Government In addition, the 

Government reserves the right to award under either the REQUIRED delivery lime{s) or the proposed 

delivery tlme{s), when an offeror offers an earlier delivery time than required In column {5) above. If the 

offeror proposes no other delivery time(s), the DESIRED delivery tlme(s) In column (3} wilr apply. 

F.2 AUTHORIZED PERFORMANCE (JAN 1997) CLA.0168 

The execution of a contract shall not constitute authority for the contractor to commence 

performance. Performance shall be ordered by the Issuance of a formal delivery order by an authorized 

Contracting Officer of the Mike Monroney Aeronautical Center. Orders issued orally or by written 

telecommunications shall reference a formal delivery order number and shall be confirmed by issuance of 

the formal delivery order. 

F.3 CHANGE TO INDIVIDUAL DELIVERY ORDER SCHEDULE (JANUARY 1997) 

CLA.113T 

(a) The delivery schedule(s) of all delivery orders Issued hereunder shall be established in 

accordance with the terms of the contract. 

(b) In the event that the Contractor falls to deliver in accordance with the established delivery 

schedule(s) and If such failure is not due to an excusable delay as defined In the Default clause of this 

contract, the Government and the Contractor may at the Government's option, negotiate a revised 

delivery sohedule(s) in exchange for adequate consideration to the Government. A contract modification 

will not be required, but the delivery order{s) shall be amended in writing accordingly. 

(c) A delivery order change or amendment made flUrsuant to this clause shall not affect the 

delivery schedule(s) of any other delivery order(s) issued under this contract. 

(d) This clause shall not limit the Government's rights underthe Default clause. 

F.4 CONTRACT PERIOD {JANUARY 1997) CLA.1604 

The effective period of this contract Is date of award for one year. 

F.5 ACCELERATED DELIVERY {JANUARY 1997} CLA.1817 

Any Schedule for delivery or performance may be expedited at the contractor's option, If without 

additional expense to the Government. 

3.1·1 Clauses and Provisions Incorporated by reference (December 2.005) 

This screening Information request (SIR) or contract, as appUcable, Incorporates by reference the 

provisions or clauses llstad below wlth the same force and effect as If they were given !n full text Upon 

reques~ the Contracting Officer will make the full text available, or offerors and contractors may obtain 

the full text via Internet at: 

http:Uconwrlte.faa.gov (on thls web page, select "Search and View Clauses"). 

3.10.1-9 

3.10.1-11 

3.10.1-24 

3.11-53 

1999) 

STOP-WORK ORDER (OCTOBER 199S) 

GOVERNMENT DELAY OF WORK (APRll 1 996) 

NOTICE OF DELAY (NOVEMBER-1997} 

FOB POtNT FOR DELIVERY OF GOVERNMENT FURNISHED PROPERTY (APRIL 
DTFAAC-~0-D-00039 

Mod DOD~, ' August 20~0 

Page 20 of 35 

PART I· SECTION G ·CONTRACT ADMINISTRATION DATA 

G.1 OPTION TO EXTEND SERVICES (JANUARY 1997) CLA.0116 

The Government may unilaterally exercise its option to extend the term of the contract for 

performance of specified services pursuant to Sec!lon I, AMS Clause 3.2.4-34, Option to Extend 

Services, by written notice to the contractor not later than the expiration date of the current contract 

period. 

G.2 RESERVED 

G.3 IDENTIFICATION/DELIVERY OF GOVERNMENT PROPERTY CLA.1401 

(JANUARY 1997} 

Within 30 calendar days after award an aircraft (Government-owned property) will be furnished to 

the contractor for use in the performance of this contract. Miscellaneous equipment may be on each 

aircraft. The miscellaneous equipment Is listed on Appendix B. The FAA Be-300 fleet to be serviced with 

enhancement/refurbishment Is listed below. 

ldenlificallon 

Number Description Quantity 

N-66 Be-300 aircraft 1 each 

N-67 Be-300 aircraft 1 each 

N-68 Be-300 aircraft 1 each 

1'!-69 Be-300 aircraft 1 each 

N-70 Be-300 aircraft 1 each 

N-71 Be-300 aircraft 1 each 

N-72- Be-300 aircraft 1 each 

N-73 Be-300 aircraft 1 each 

N-74 Be-300 aircraft 1 each 

N-75 Be-300 aircraft 1 each 

N-76 Be-300 aircraft 1 each 

N-77 Be-300 aircraft 1 each 

N-78 Be-300 aircraft 1 each 

N-79 Be-300 aircraft 1 each 

N-80 Be-300 aircraft 1 each 

N-81 Be-300 aircraft 1 each 

N-83 Be-300 aircraft 1 each 

N-84 Be-300 aircraft 1 each 

G.4 GOVERNMENT PROPERTY REPORTS {JANUARY 1997) 

Acquisition 

Cost 

$3,140,025'.oo 

$3,140,025.00 

$3,140,025.00 

$3,140,025.00 

$3,140,025.00 

$3,140,025.00 

$3,140,025.00 

$3,140,025.00 

$3,140,025.00 

$3,140,026.00 

$3,140,025.00 

$3,140,025.00 

$3,140,025.00 

$3,140,025.00 

$3,140,025.00 

$;3,140,025.00 

$3,140,025.00 

$3,140,025.00 

CLA.4528r 

(a) The contractor shall prepare a quarterly report of Government property inlts possession and 

the possession of Its subcontractors. . (b) The report shall be submitted to the Contracting Officer not later than the 15th day of January, 

Aprn, July, and October on Form DOT F 422.0.43, ContractorReportofGovernmentProperty. 
DTP~2\C-~O-D-00039 

Mod ooo~. 4 August 20~0 

. Page 2~ of 35 

G.5 WARRANTY· COMMERCIAL PRODUCTS AND SERVICES (JUN 2006) CLA.4529 

The contractor's standard commercial warranty shall be deemed to be a part of this contract unless 

otherwise specified. If the contractor does not have a standard warranty, the warranty provisions of UCG 

Article 2. shall apply. 

G.6 INVOICING PROCEDURES· GENERAL (JAN 2002) CLA.0135R1 

(a) In addition to the requirements set forth at AMS Clause 3.3,1-17. Prompt Pavment, for the 

submission of a proper invoice. the contractor shall submit for (1) each month of performance of 

services, and/or (2) those items of supplies furnl§hed, and/or (3) travel expenses. 

(b) Op the face of the Invoice, the vendor shall inclutle the contract number and applicable 

task/delivery order number. In addition. the following level of information is to be attached per 

the type of contract Corder}: 

{1) Level1: Sum[!llirysheet only as follows: 

(i) ProJect tltle and description 

(li} Current amount Invoiced 

(2.) Level 2: Details supporting the Information shown on Level 1 as follows: 

(i) Labor listed by hours, rates, and amounts. 

{ii) Travel breakdown of all actual travel and per diem expenses by trip and 

employee name and project {if multiple}. 

{iii) Over and Above Materials split-out by proJect, type and/or items 

purcha§ed. 

(3) Level 3: Back up documentation as follows; 

(i) Receipts (travel. equipment purchases, etc.) 

(c) The following additional data must be submitted with the final invoice regardless of 

contract type: 

(1) Contractor's assignment of refund, rebates, and credits. 

(2) Contractor's release. 

{d) All contractors invoicing services to the FAA in labor hours shall majntaln on file, and 

submit when required for verification or audit, certified time logs, the dally total of productive 

hours charged to the contract. a daily entry for anv non-productive work·hours and cumulative 

totals for each pav period. · 

(f) Pavrnent Address: 

FAA, Financial Operations Division !AMZ· 
(g) The vendor shaD send copies of the invoice as follows: 

One copy to: 

F88, Mike MonronEOy Aeronautical Center 

Contract Management Team (AMQ·34Cl 

P.O. Box 25082 

Oklahoma City, OK 73125 

or vfa email to the Contracting Officer 

One copy to: 

or via email to the Program Manager 

_ DTFAAC·10-D-OOD3lt 

Mod 0001, 4 August 2010 

Page 22 of 35 

3.1·1 Clauses and Provisions Incorporated by reference (December 2005} 

This screening information request (SIR) or contract, as applicable, Incorporates by reference ihe 

provisions or clauses listed below with.the same farcE> and effect as if they were given In full text Upon 

request, the COn!Jacting Officer will make the full text available, or offerors and contractors may obtain 

the full text Via Internet at: 

ht!p:l/conwrlte.faa.gov (on this web page, select "Search and VIew Clauses"). 

3.10.1·22 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (JANUARY 200R) 
DT~AAC-~0-D-00039 

Mod OOOI, ~ Ausust 20~0 

!1aga 23 of 35 

PART I -SECTION H ·SPECIAL CONTRACT REQUIREMENTS 

H.1 DESIGN REVIEWIACCEPTANCE AND MODIFICATION APPROVAL 

The requirements for !he design are described in the PWS and Appendix Technical Specification. 

Any devlatlon from FAA written approval ofthe design shall require !he submittal of a change proposal 

by the Contractor to the FAA Contracting Officer. The proposed change Is subject to the review and 

approval by FAA AJW-300, and discussions and negotfatlon by the Contracting Officer. The agreed 

upon change will be Incorporated by contract modification Issued by the Contracting Officer. 

H.2 CONTRACTOR QUALIFICATION 

In order to be ocnsidered quallfled to furnish !he required services, each offeror shall meet the applicable 

requirements of the Federal Aviation Regulations for return to servic!o of the Items serviced. This Includes 

a quallly control system which conforms to Federal Avlatlon Regulations Part 145. 

H. 3 AGREEMENT TO PARTICIPATE IN ALTERNATIVE 

DISPUTE RESOLUTION {APRIL 1998) 

CLA.4540 

(a) Tne Federal Aviation Administration encourages direct communications and negotiations 

between the contractor and the contracting officer in an attempt tc resolve contract disputes. In those 

situations where the parties are not able to achieve resolution at the contracting officer level, the agency 

favors tne use of altematlve dispute resolution (ADR) techniques to reso\lie disputes. 

(b) The parties hereby agree that, prior to referring a contract dispute to 

{c) the Office of Disputes Resolution as described in contract clause 3.9.1-1 "Contract Disputes", 

the 

parties will discuss whether they are willing to utilize ADR techniques such as mediation or nonbinding 

evaluation oft he dispute by a neutral party. Upon receipt of a contract dispute from the contractor, the 

contracting officer will explore with the contractor whethertl:le use of ADR techniques would be 

appropriate to resolva the dispute. Both parties must agree that the use of such techniques is 

appropriate, and agree to fairly share the associated expenses. If the parties do not mutually agree to 

utilize ADR to resolve !he dispute, the dispute will be processed In accordance with the procedures set 

forth in clause 3.9.1-1. 

H.4 NOllCE OF CONTRACTOR TESiiMONY {SEPTEMBER 2006) CLA.4555 

(a} The contractor shall notifY the Contracting Officer promptly In writing of its intention, or the 

Intention of Its employees, subcontractors of any tier, or subcontractor employees, either voluntarily or 

under compulsion of competent authority, to provide swam testimony on any matter related tc or 

anslng under the work required by and/or performed under, this contract. Such written notlflcation at 

a minimum shall consist of the date and time of the testlrncny, Identification of the court, board, or 

other body before which the testimony is made, the nature of the testimony to be given to the extant it 

Is known at the time of this report, the nature of the ocntractor's involvement in the proceeding and 

any other circumstances related to the work performed under or related to the contract and the 

proceeding in which the testimony will be taken. 

(b) The ocntractor shall include the substance ofthis clause, including this paragraph {b), in all 

subcontracts executed under this contract and shall require all subcontractors to provide the required 

report to the contractor. 
D'rFAAC-10-D-00039 

Mod 0001, 4 August 2010 

Page 24 cf 35 

H.5 STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE CONTRACT 

WORK (SEPTEMBER2006) CLA.4557 

Notwithstanding any other provision hereof, the Contractor is responsible for delays arising out 

of labor disputes, including but not limited to strikes, If such strikes are reasonably avoidable. A delay 

caused by a strike or by picketing which constitutes an unfair labor practice is not excusable unless 

the Contractor takes all reasonable and appropriate action to end such a strike or picketing, such as 

the filing of a charge with the National Labor Relations Board, the use of other available Govemment 

procedures, and the usa of private boards or organizations for the setllement of disputes. 

H.6 OVER AND ABOVE 

Over and above actions are not covered by the specified support actions provided in the 

FFP CLIN for the refurbishment (CLINs ono2, 1002, 2002, 3002, 4002). The fol!owlng 

tasks have been identified as necessary to provide additional support of the 'FAA Beech 

300 fleet to maintain operational and airworthy aircraft and are examples of over and 

above tasks: 

a. FOREIGN OBJECT PAM AGE {FOOl-Repair of damage resulting fmm foreign 

objects, i.e. hail, bird strikes, rocks, or other debris •. 

b. DAMAGE/LOSS-Repair/replacement of parts or components either damaged or 

lost because Of negligence or acci!lent on the part of Government. 

c. THEFT··Replacement of parts because of theft of Pt:Uts or components from 

aircraft. (Other than when in control of the contractor) 

d. ACTS OF GOD ··Repairs due to flood, earthquake, lightening strikes, tornadoes, 

hurricanes, other local emergencies, etc. 

e. COMPONENT REPAIR OR REPLACEMENT COSTS- attributable to damage 

caused by corrosion, erosion or sulphidation. 

f. SERVICE BULLETINS-Cost of aircraft component required by Service Bulletins. 

g. ROUTINE LINE MAINTENANCE··Cost for Contractor performance of field level 

routine or periodic maintenance and inspections as required. 

These over and above tasks shall be billed under GUNs 0008, 0009, 1008, 1009, 2008, 2009, 3008, 

3009, 4008, and 4009. 
DTFAAC-kO-D-00039 

Mod COOl, 4 August 2010 

Page 25 of 35 

PART H-SECTION I CONTRACT CLAUSES 

1.1 CEILING PRICE {JAN 1997} CLA.0120 

Notwithstanding the provisions of AMS 3.3.1-5, Payments under Tune-and-Materials and LaborHour Contracts, incorporated by reference in Section l, the ceiling price required therein is applicable to 

and will be established for each delivery order issued hereunder and wm vary depending on the work to 

be perfonned. 

1.2 SAVE HARMLESS ANO INDEMNITY AGREEMENT (JANUARY 1997} CLA.3211 

The contractor shall save and keep harmless and indemnify the Government against any and aU 

liability, claims, and costs of whatsoever kind and nature of injury to or death of any person or persons 

and for loss or damage to any property (Government or otherwise) occurring In connection with or In 

any way Incident to or arising out of the occupancy, use, service, operations, or performance of work 

In connection with this contract, resulting from the negligent acts, fault or omissions of the contractor, 

any subcontractor, or any employee, agent, or representative of the contractor or any subcontractor. 

AMS 3.2.4·16 ORDERING {OCTOBER 1996) 

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance 

of delivery orders or task orders by the IndiViduals or actlv\f!es designated in the Schedule. Such 

orders may be issued from date of contract award for one year, and through option periods if 

exercised. 

(b) All delivery orders or task orders are subject to the terms and conditions of lhls contract In 

the event of confilot between a deUvery order or task order and this contract, the contract shall control. 

(c) If mailed, a delivery order or task order Is considered "issued• when the Government 

deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce 

methods only if authorized in th_e Schedule. 

AMS 3.2.4;17 ORDER LIMITATIONS (OCTOBER 1996) 

(a) Minimum order. When the Government requires supplies or services covered by this 

contract in an amount of less than $350,000.00 

the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies 

or services under the contract 

(b) Maximum order. The Contractor is not obllgated to honor-

(1) Any order for a single item In excess of NAalrcraft; 

(2) Any orderfor a comblnatlon of Aircraft In excess of 5 aircraft; or 

(3) A series of orders from the same ordering offlce within 365 calendar days that together 

call for quantities exceeding the limitation In subparagraph (i) or {2) above. 

{c) If this ts a requirements contract, the Government Is not required to <;~rder a part of any ana 

requirement from the ContractOr If that requirement exceeds the maximum-order limitations in 

pare graph (b} above. 

(d) Notwithstanding paragraphs (b) and (c} above, the Contractor· shall honor any order 

exceeding the maximum order limitations In paragraph (b), unless that order (or orders) Is returned to 

the arderlng office within 15 days after Issuance, with wrltren notice stating the Contractor's intent not 

to ship the Item (or items) called for and the reasons. Upon receiving this notice, the Government 

may acquire the supplies or services from another source. 
AMS 3.2.4-19 REQUIREMENTS (OCT 1996) 

DTFAAC-~0-D-0003~ 

Mod 0001, 4 August 2010 

Page 25 of 35 

{a) This Is a requirements contract for the supplies or services specified, and effective for the period 

stated, in the Schedule. The quantities of supplies or services specified In the "Schedule" are 

estimates only and are not purchased by this contract. Except as thfs contract may otherwise provide, 

If the Governmenfs requirements do not result in orders in the quantities described as "estimated" or 

. "maximum" in the Schedule, tnatfact shall not constitute the basis for an equitable price adjus!menl 

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the 

Ordering clause. Subject to any limitations In the Order Umltations clause or elsewhere In this 

contract, the Contractor shall furnish to the Government all suppfJes or services specllled in the 

"Schedule" and called fur by orders Issued in accordance with the Ordering clause. The GovernmerJt 

may Issue orders requiring delivery to multlple destinations or perfonnance at multiple locations. 

(c) EltCept as this contract otherwise provides, the Government shall order from the Contractor all the 

supplies or services specified in the "Schedule" that are required to be purchased by the Government 

activity or activities specified In the "Schedule." 

(d) The Government !s not required to purchase from the Contractor requirements in excess of ar1y 

limit on total orders under this contract. 

(e) If the· Government urgently requires delivery of any quantlty of an Item before the earliest date that 

delivery may be specified under this contrant, and lf the Contractor will not accept an order providing · 

for the accelerated deiTvery, the Government may acquire the urgently required goods or services 

from another source. 

(f) Any order Issued during the effective period of this contract and not completed within that period 

shall be completed by the Contractor within the time specified in the order. The contract shall govern 

the Contractor's and Government's rights and obligations with respect to that order to the same extant 

as if the order were completed during the contracrs effective period; provided, thatthe Contractor 

shall net be required to make any deftverles under this contract after 1 year from date of award 

(unless exercised by option). 

AMS 3.2.4·35 OPTION TO EXTEND THE TERM .OF THE CONTRACT (APRIL 1996} 

(a) The Government may extend the term of this contract by written notic!'! to the Contractor 

within 

30 days of the end of the contract order period; provided, that the Government shall give the 

Contractor a preliminary written notice of Its intent to extend at least 60 days before the contract 

expires. The preliminary notice does net commlt the Govemmentto an extension. 

(b) If the Government exercises this option, the extended contract shall be co11sldered to 

Include this option provision. 

{c) The total duration of this contract, including the exercise of any options under this clause, 

shall not exceed 5 years and 6 months . 

. AMS 3.3.1·11 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APRIL 1996) 

Funds are not presently available for performance under this contract beyond 09/30/2010. The FAA's 

obligatioll for perfonnance of thls contract beyond that date is contingent upon the availability of 

appropriated funds from which payment for contract purposes can be made. No legaiiiabllity on the 
DTFAAC-~0-D-00039 

Mod 0001, 4 August 2010 

Page 27 of 35 

part of the FAA for any payment may ariss for performance under this contract beyond 09/30/2010, 

until fUnds are made available to the Contracting Officer for performance and until the Contractor 

receives notice of availablilty, to be confirmed In writing by the Contracting Officer. 

AMS 3.3.1-14 LIMITATION OF FUNDS (April1996} 

{APPLICABLE TO ALL COST REIMBURSABLE CLINS) 

{a) The parties estimate that performance of this contract will not cost the FAA more than: 

(1) the estimated cost specified in the "Schedule" or, 

(2) if this Is a cost-sharing contract, the FAA 's share of the estimated cost specified In the 

"Schedule". 

The Contractor agrees to use its best efforts to perform the Work specified in the "Schedule" and all 

obligations under this contract within the estimated cost. which, If this Ill a cost-shaling contract, 

!ncludss both the FAA's and the Contractor's share of the cost. 

{b) The "Schedule" specifies the amount presently available for payment by the FAA and allotted to 

this contract, thsltems covered, the FAA's share of the cost if this is a cost-sharing contract, and !he 

period of performance It is estimated the allotted amount will cover. The parties contemplate that the 

FAA will al!otadd!Uonal funds incrementally to the contract up to the full estimated cost to the FAA 

speclfled in the ".Schedule", exclusive of any fee. The Contractor agrees tc perform, or have 

performed, work on the contract up to the point at which the totel amount paid and payable by the 

FAA under the contract approximates but does not exceed the total amount actually allotted by the 

FAA to the contract 

(c) The Contractor shall notify the Contracting Officer In writing whenever it Has reason to believe that 

the costs It expects to incur under this contract in the next 60 days, when added to all costs previously 

Incurred, wlll exceed 75 percent of: 

(1)tha total amount so far allotted to the contract by the FAA or, 

{2) if this is a cost-sharing contract, the amount then allotted to tha contract by the FAA pius the 

Contractor's con-espondlng share. The notlce shall state the estimated amount of addlllonal fllnds 

required to oontinue performance for the period spectfled In the "Schedule". 

{d) Sixty days before the end of the period specified in the "Schedule", the Contractor shall notiJY the 

Contracting Officer In wliting of the estimated amount of additional funds, if any, required to continue 

timely periormance under the contract or for any further period specified in the "Schedule" or 

otherwise agreed upon, and when the funds will be required, 

(e) If, after nottflcation, additional funds are not allotted by the end of the period specified In the 

"Schedule" or another agreecJ..upon date, upon the Contractor's written request the Contracting Officer 

will terminate this contract on that date in accordance with the provisions of the "Termine~on" clause 

of this contract. lf the Contractor estimates that the funds available will allow It to continue to 

discharge Its obligations beyond that date, It may specify a later date In Its request, and the 

Contracting Officer may terminate this contract on that later date. 

(f) Except as required by other provisions of this contrac~ specifically citing and stated to be an 

exception to this clause-
DTFAAC-~0-D-00039 

Mod 000~, 4 August 20~0 

Page 2B of 35 

(1) The FAA is not obligated to reimburse the Contractor for costs Incurred In excess ofthe total 

amount anotted by the FAA to this contract; and 

(2) The Contractor Is not obligated to continue performance under this contract {including actions 

under the "Termination• clause ofthls contract) or otherWise incur costs In excess of (I) the amount 

then allotted to the contract by the FAA or, {II) if this Is a cost-sharing contract, the amount then 

allotted by the FAA to the contract plus the Contractor's corresponding share, until the Contracting 

Officer notifies the Contractor in Writing that the amount allotted by the FAA has been increased and 

speclfles an Increased amount, which shall then constitu1e the total amount allotted by the FAA to this 

contract. 

{g) The estimated cost shall be increased to the extent that; 

(1) the amount allotted by the FAA or, 

(2.) If this Is a cost-sharing contract, the amount then allotted by the FAA to the contract plus the 

Contractor's oorrespondlhg share, exceeds the estimated cost specified In the "Schedule." 

If this Is a cost-sharing contract, the Increase shall be allocated in accordance with the formula 

specified In the "Schedule. • 

(h) No notice, communication, or representation In any form other than that speclfled In subparagraph 

(f)(2) above, or from any person other than the Contracting Officer, shall affect the amount allotted by 

the FAA to this contracl In the absence of the specified notice, the FAA Is not obligated to reimburse 

the Contractor for any costs In excess of the total amount allotted by the FAA to this contract, whether 

incurred durtng the course of the contract or as a result ofiermlnatlon. 

(I) When and to the extent that the amount allotted by the FAA to the contract Is increased, any costs 

the Contractor incurs before the Increase that are in excess of 

{1) the amount previously allotted by the FAA or, 

(2) if this Is a cost-sharing contract, !he amount previously allotted by the FAA to the contract plus· 

the Contractor's corresponding share, shall be allowable to the same extent as if incurred afte!Ward, 

unless the Contracting Officer Issues a termination or other notice and directs that the Increase Is 

solely to cover termination or other specified expenses. 

0) Change orders shall not be considered an authorization to exceed the amount allotted by the FAA 

specified in the "Schedule", unless they contain a statement Increasing the amount allotted. 

(k) Nothing In this clause shall affect the right of the FAA to terminate this contract If this contract Is 

terminated, the FAA am! the Contractor shall negotiate an equitable distribution of all property 

produced or purchased under the contract, based upon the share of costs incurred by each. 

(I) If the FAA does not allot suflldentfunds to allow completion of the work, the Contractor is entitled 

to a percentage of the fee speci!ied In the 'Schedule" equaling the percentage of completion of the 

work contemplated by this contract 

AMS 3.3.1-33 CENTRAL CONTRACTOR REGISTRATION (JANUARY 2008) 

(a} Dellnltlons .. As used in this clause 
DTFAAC-~0-D-00039 

Mod 00011 4 August 20~0 

Page 29 of 35 

"Central Contractor Registration (CCRl database" means the primary Government repository for 

Contractor information required for the conduct of business with the Government 

"Data Universal Numberlng System {DUNS) number" means the 9-dlglt number assigned by Dun and 

Bradstreet, Inc. (D&B) to ldentlfy unique business entities. 

"Data Universal Numbering System +4 (DUNS+4} number" means the DUNS number assigned by 

D&B plus a 4-character suffiX that may be assigned by a business concern. (D&B has no affiliation 

with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business 

concern to establish additional CCR records for identifying alternative Electronic Funds Transfer 

(EFf) accounts for the same parent concern. 

"Registered In the CCR database" means that the Contractor has entered all mandatory Information, 

including the DUNS number or the DUNS+4 number, Into the CCR database. 

(b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective 

awardee shall be registered ln the CCR database prior lD award, during performance, and through 

final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing 

agreement resulting from this soU citation. 

(2) The offeror shall enter, In Representations, Certifications and Other Statements of 

Offerors Section ofthe solicitation, ihe DUNS or DUNS +4 number that ictentifles the offeror's name 

and address exactly as slated In the offer. The DUNS number will be used by the Contracting Officer 

to verlfythatthe offeror Is registered In the CCRdatabase. 

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to 

obtain one. 

(1) An offeror may obtain a DUNS number 

(I) If located within the United States, by caU!ng Dun and Bradstreet at 1-866-705-

5711 orvla the Internet at http:!lfedgov.c!nb.com/webfomn; or 

(10 If located outside the United States, by contacting the local Dun and Bradstreet 

office. 

(2) The offeror should be prepared to provide the following Information: 

recognized. 

street address). 

(1} Company legal business. . 

(li) Tradestyle, doing business, or other name by which your entity Is commonly 

(liij Company Physical Street Address, City, State, and ZIP Code. 

(lv) Company Malllng Address, City, State and ZIP Code (if different from physical 

(v) Company Telephone Number. 

(vi) Date the company was started. 

(vii} Number of employees at your location. 

(vlll) Chief executive officer/key manager. 

(lx) Line of business (industry). 

(x} Company Headquarters name and address (reporting relationship within your 

entity). . 

(d) If the offeror does not become registered in the CCR database in the time prescribed by the 

Contracting Officer, the Contracting Officer may proceed to award to the next otherWise successful 

registered offeror. 

(e) Processing lime, which normally takes 48 hours, should be taken into consideration when 

registering. O!fercrs who are not registered should consider applying for registration immediately upon 

receipt of this solicitation. 

(f) The Contractor is responsible for the accuracy and completeness of the date within the CCR 

database, and for any liability resulting from the Government's reliance on Inaccurate or incomplete 

data. To remain registered In the CCR database after the Initial registration, the Contractor ls required 

to review and update on. an annual basis from the data of Initial registration or subsequent updates its 

infomnation in the CCR database to ensure it is current. accurate and complete. Updating information 

in the CCR does not alter the terms and condltlons ofth!s contract and Is not a substitute for a 

properly executad contractual document 
DTFAAC-l.O-D-00039 

Mod 0001., 4 Auguat 201.0 

Page 30 of 35 

(g) (1) (!) If a Contractor has legally changed Its business name, "doing business as" name, or 

division name (whichever Is shown on the contract), or has transferred the assets used In performing 

the contract. but has not completed the necessary requirements regarding novation and change-ofname agrsements In AMS Procurement Guidance T3.10.1.A-8, the Contractor shall provide the 

responsible Contracting Officer a minimum of one business day's written notlficalion of Its Intention to: 

{A) change the name in the CCR database; 

(B) comply with the requirements ofT3.10.1.A-8; and 

(C) agree in writing to the tlmellne and procedures specified by the responsible 

Contracting Officer. The Contractor must provide the Contracting Officer with the notification, sufficient 

documentation to support the legally changed name. 

(n) If the Contractor falls to comply with the requirements of paragraph (g)(1 ){i) of this 

clause, or falls to perform the agreement at paragraph {g)(1 }O](C) of this clause, and, In the absence 

of a properly executed novation or change-of-name agreement, the CCR information that shows the 

Contractor to be other than the Contractor indicated in the contract will be considered to be Incorrect 

information within the meaning of the "suspension oF Paymene' paragraph of the electronic funds 

transfer (EFT) clause of this contract 

(2) The Contractor shall not change the name or address for EFT payments or manLtal 

payments, as appropriate, In the CCR record to reflect an assignee for the purpose of assignment of 

claims. Assignees shall be separately registered In the CCR database. Information provided to the 

Contractor's CCR record that Indicates payments, Including those made by EFT, to an ultimate 

recipient other than that Contractor will be considered to be Incorrect Information within the meaning 

of the "Suspension ofpaymen~· paragraph of the EFT clause of this contract. 

(h) Offerors and Contractors may obtain Information on registration and annual confirmation 

requirements via the internet at http://www.ccr.gov/ or by calling 1-BBB-227·2423, or 2e9-ll61-5757. 

AMS 3.3.1-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER/CENTRAL CONTRACTOR 

REGISTRATION (OCTOBER 2005) 

(a) Method of payment 

(1) All payments by the Government under this contract shall be made by electronic funds 

transfer (EFT), except as provided in paragraph (a){2) of this clause. As used in this clause, the term 

"EFT" refers to the fUnds transfer and may also Include the payment information transfer. 

(2) In the event the Government Is unable to rslease one or more payments by EFT, the 

Contractor agrees to e llher: 

{i) Accept payment by check or some other mutually agreeable method of payment; 

or 

(li) Requestthe Government to extend the payment due date until such time as the 

Government can make payment by EFT (but see paragraph (d) of this clause). 

(b) Contractor's EFT Information. The Government shall make payment to the Contractor using 

the EFT Information contained ln the Central contractor Registration {CCR) database. in the event 

that the EFT information changes, the Contractor shall be responsible for providing the updated 

Information to the.CCR database. 

{c) Mechanisms for EFT payment. The Government may make payment by EFT through either 

the Automated Clearing House (ACH) network, subject to the rules of the National Automated 

Clearing House Association, or the Fedwlre Transfer System. The rules governing Federal payments 

through· the ACH are contained In 31 CFR Part 210. 

(d) Suspension of payment. If the Contractor's EFT information in the CCR database Is 

incorrec:t, then the Government need not make payment to the Contractor under thls contract until 

correct EFT Information is entered into the CCR database; and any Invoice or contractflnenclng 

request shall be deemed notto be a proper Invoice for the purpose of prompt payment under this 

contract. The prompt payment terms of the contract regarding notice of an improper invoice and 

delays in accrual of interest penalties apply. 

(e) Llablllty for uncompleted or erroneous transfers. 
DTFAAC-~0-D-0003~ 

Mod 0001, 4 ~ugust 2010 

Page 31 of 35 

(1)1f an uncompleted or erroneous transfer occurs because the Government usee! the 

Contractor's EFT information Incorrectly, the Government remains responsible for: 

(i) Making a correct payment; 

(ii) Paying any prompt payment penalty due; and 

(01) Recovering any erroneously directed funds. 

(2)lf an uncompleted or erroneous transfer occurs because the Contractors EFT 

information was incorrect, or was revised within 30 days of Government release of the EFT payment 

transaction instrucllon io !he Federal Reserve System, and: 

(i) If the funds are no longer under the control of the payment office, the Government 

Is deemed to have made payment and the Contractor Is responsible for recovery of anY erroneously 

directed funds; or 

(li)lfthe funds remain under the control of the payment office, the Government shall 

not make payment, and the provisions of paragraph (d) of this clause shall apply. 

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely 

manner In accordance with the prompt payment terms of this conlrac:t if, In the EFT payment 

transaction instruction released to the Federal Reserve System, the date specified for settlement of 

the payment is on or before !he prompt payment due date, provided the speclfletl payment date is a 

valid date under the rules of the Federal Reserve System. 

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract es 

provided far In the assignment of claims terms of this contract, the contractor shall require as a 

condition of any. such assignment, that the assignee shall register separately in the CCR dalabase 

and shall be paid by EFT In accordance with-the terms of this clause. Notwithstanding any other 

requirement ofthls contract, payment to an ultimate recipient other than the Contractor, or a financial 

Institution properly recognized under an assignment of claims, is nat permitted. In all respects, the 

requirements of this clause shall apply to the assignee as if it were the Contractor. EFT Information 

that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a 

proper assignment of claims acceptable to the Government, is incorrect EFT information within the 

meaning of paragraph {d) of this clause. ·· 

{h) Llablllly for change of EFT information by financial agent. The Government Is not liable for 

errors resulting from changes to EFT Information made by the Contractor's financial agent. 

(!)Payment Information. The payment or disbursing office shall forward to the Contractor 

available payment Information that Is suitable for transmission as of the date of release of the EFT 

lns!ructlon to the Federal Reserve System. The Government may request the Contractor to designate 

a desired format and method(s) for delivery of payment lnformation from a list of formats and methods 

the payment office is capable of executing. However, the Government does nat guarantee that any 

particular format or method of delivery Is available at any particular payment office and retelns the 

latitude to use the format and delivery method most convenient to the Government. If the 

Government makes payment by check ln accordance with paragraph (a) of this clause, the 

Government shall mall the payment Information to the remittance address contained in the CCR 

database. 

AMS 3.3.1-36 AVAILABIUTV OF FUNDS· OPTION PERIODS UNDER A CONTINUING 

RESOLUTION {APRil2008) 

Due to the posslbillly of the enactment of a continuing resolution In lieu of an annual appropriation, full 

fiscal year funding may not be available for an entire contract option period. In the event of a 

continuing resolution, FAA will only be liable for an amount based on the time period specified by the 

continuing resolution. The amount of funds made available by the continuing resolution will be 

specllied by subsequent modification. If the contractor provides services in excess of the funded -

amount or beyond the covered period, the contractor does so at Its own risk. 
AMS 3.6.2·39 TRAFFICKING IN PERSONS (JANUARY 2008) 

(a) Definitions: 

"Coercion," as used in this clause, means: 

DTFAAC·l0·D-UU03~ 

Mod 0001, 4 August 2010 

Page 32 of 35 

(I) Threats of serious harm to or physical restraint against any person; 

(li) Any Scheme, plan, or pattern Intended to cause a person to believe that 

failure to perform an act would result In serious harm to or physical restraint against any person; or 

(iii) The abuse or threatened abu.se of the legal process. 

"Commercial sex Act," as used In this clause, means any sex act on account of which 

anything of value Is given to or receiVed by any person. 

"Debt bondage," as used In this clause, means the status or condition of a debtor 

arising from a pledge by the debtor of his or her personal services or those of a parson under his or 

her c:ontrol as a security for debt, if the value of those services as reasonably assessed is not applied 

toward the liquidation of the debt or the length and nature ofthose services are not respectively 

limited and defined. 

'Employee," as used in this clause, means an employee of a contractor or 

!ijUbcontraolor directly engaged in the performance ofwor!l under a FAA contract. • 

- "involuntary servitude," as used In this clause, means a ciondltlon of servitude induced 

by means of: 

(I) Any scheme, plan, orpattem Intended to cause a person to belleve that if the 

person did not enter Into or c:ontlnue In such condttlons, that person or another person would suffer 

harm or physical restraint; or 

(II) The abuse or threatened abuse of the legal process. 

"Severe trafficking of persons," as used in this clause, means: 

(I) Sex: trafficking in which a commerclal sex act Is induced by force, fraud, 

coercion, or in which the person induced has not attained 18 years of age; or 

(I!) The recruitment, harboring, transportation, provision, or obtaining of a 

person for labor-or services through force, fraud, or coercion for the purpose of involuntary servitude, 

peonage, debt bondage, or slavery. 

'Sextrafficklng," as used in this ciause, means the recruitment, harboring, 

transportation, provision, or obtaining of a person for the purpose of a commercial sex act 

(b) The contractor will establish policies and p10cedures for ensuring that its employees do not 

engage In or support severe forms of trafficking of persons, procurement of sexual acts, or use forced 

labor in the performance of this contract 

(o) The contractor will take action to ensure that all contractor and subcontractor employees 

are aware of laws, regulations, and pollees, to include actions taken by the contractor if violated, 

regarding severe forms of trafficking of persons, p10curement of sexual acts, or use offorced labor: 

(d) The contractor must notify the contracting officer of: 

(1) Any information it receives that alleges an employee or subcontractor employee 

has engaged In conduct that violates this policy; and 

(2) Any actions taken against the employee or subcontractor employee. 

(e) In addition to other remedies available to the FAA, the contractor's failure to comply with 

the requirements of this clause may render the contractor subject to: 

( 1) Required removal of a c:ontractor or subcontractor employee from the performance 

of the contract; 

(2) Suspension of contract payments; 

(3) Loss of award fee for the period of noncompllance; 

(4) Termination for default; or 

(5) Suspension or debarment 

(f) The contractor must Include the substance of this clause In all subcontracts for performance 

of work under a FAA contract 

3.1-1 Clauses and Provisions Incorporated by reference (December 2005) 
DTFAAC-10-D-00039 

Mod 0001, 4 Ausust 2010 

Page 33 of 35 

This screening lnfonnalion request (SIR) or contract, as applicable, incorporates by reference the 

provisions or clauses listed below with the same force and effect as if they were given In full text Upon 

request, the Contracting Officer will make the full text al(al!able, or o!ferors and contractors may obtain 

the full text via Internet at 

http://cgnwrlte.faa.gov (on this web page, select "Search and View Clauses"). 

~~"-'~.1~ 3.1.7-2 .. 7.=---5---1~~ ~ 

HY'l Of 

I 

3

.

1

.a1 rlreQal or " 

I 3.1.8-2 Price or Fee 

? 1

• ""' )rder 

? ·75 ;for 

; of 

; of 

·•I and Reoovel)l ofFUildS for 

·u1eaa1 or '} 

!.2.: 7-6 I o. Ill,) the IHHO "~ "I'W~ w' vvnen 

)r "'". ~d,~r with '"" w "~ Debarred, Suspended, 

Aun11~t 1!1!<7 

•2009 

""f"" IIU"I' 2000 

Julv200• 

Julv 200· 

l\pril199 

:2.000 

ofTearn Ani l_gQ!l~i ___ _ 

)ptlon to I API l200i 

-3. 

3. 

3.3.1-10 

3.3 .. •'15 

. 9. 

3.5-1 

3.5-2 

13.5-13 

I c ; not to I Ao1 11991 

r-.,t.,ll!"o; or Gifts , IJanuarv 1999 

'ees n '1996 

1 for,.., 

C ·Code of Bu Ethics and r.nnrli 1M 

'of' 

':"Y"'"""' Unaer 11me and, ... ,"""';; and Labornour 

; for 

Extras 

.tyafFmds 

taf 

I FAA Cost 

Insurance 

·Travel and !'11 

lo,,o~ lfnU,S . 

ill,_ State_. and Local T 

'""or 

. Bid and 

~~96_---l 

\nr 1996 

'2009 

-r 1996 

Ail ,-201 

Jiii 199! 

1996 

April1996 

I f"L.IL\1VI\LC"vd and VVII~dlll 

I Notice and -t>· 

-,~2009 

"" r-a<ent and Copyn!,IIIL I u<liiU"IJI 2009 

1 Rights In "'" .h•'luary 2009 

3.5-13 ALTV Rights in Data JanuaJY 2009 

3.6.1-1 Notice of Total Small Business Set-Aside January 2010 
3.6.1-3 Utilization of Small Disadvantaged and WomanOwned, and Service-Disabled Veteran OWned Small 

Business Concerns 

3.6.1-4 Small, Small Disadvantaged Women-Owned and 

Service Disabled Veteran OM"!ed Small Business 

Subcontracting Plan 

3.6.1-7 Limitations on Subcontracting 

3.6.1-9 Mentor P rote1:1e Prooram 

3.6.1-11 Mentor Reoulrements and Evaluation 

3.6.1-16 Post-Award Small Business Program Representation 

3.6.2-4 Walsh-Healey Public Contracts Act 

3.6.2-9 Eoual Oooortunitv 

3.6.2-12 Affirmative Action for Special Disabled and Vietnam 

Era Veterans 

3.6.2-13 Affirmative Action for Workers With Disabilities 

3.6.2-14 Employment Reports on Special Disabled Veterans 

and Veterans of Vietnam Era 

3.6.2-28 Service Contract Act of 1965, As Amended 

3.6.2-30 Fair Labor Standards Act and Service Contract Act -

Price Adjustment (Multiple Year and. Option Contracts) 

3.6.2-35 Prevention of Sexual Harassment 

3.6.2-37 Notification of Employees Rights Concerning Payment 

of Union Dues or Fees ' 

3.62-41 Emp!oyinent Eligibility Verfflcatlon . 

3.10.3-1 Definitions 

3.10.3-2 Government Proper tv Basic Clause 

3.10.3-2alt 1 Government Proper '¥ Basic Clause Alternate 

3.1 0. 3-2alt II Government Proper tv Basic Clause Alternate 

3.10.6-1 Termination for Convenience of ihe Government (Fixed 

Price) 

3.10.6-3 Termination for Convenience of the Government (Fixed 

Price) 

3.10.6-4 Default (Fixed Price Supply and Service) 

3.13-13 Raduce Test Messaging While Driving_ 

DTFAAC-lO-D-00039 

Mad 0001, 4 August ~010 

Page 3.11 of 35 - September 2001 

Aptil2007 

July 2008 

October 2006 

October 2.006 

January 201 0 

APril1996 

Auaust 1998 

Aprtl2007 

APRIL2000 

APRIL2007 

APRIL 1996 

.Aprll1996 

AUGUST1998 

APRIL2007 

SEPTEMBER 2009 

Aorll2004 

Aorll2004 

Aorll2004 

April 2004 

October 1996 

October 1996 

October 1 996 

Appl2010 
1 

·a .. ;; 

. . ... ·.·• .. · . .., : . '~'< 

:1~~ • 

·;:;,' 

•,c;{·.;·;· •, 

;::__:· ,--' ) ~-- -:-.: 

··<J~~~a~~~~1¢ 
U.S, Department 

of Transportation 

Federal Aviation 

Administration 

In Reply 

Refer to: AGL-7B 

Great Lakes Re<Jioll>>'.·•'f'~~~~ 

2300 E. Devon 

Des Plaines, IL 

Area Code 847/294-7313 

CERTIFIED MAIL 

May 8, 2014 

Hearing Docket, Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilber Wright Building - Suite 2Wl000 

Re: Spirit Avionics, Ltd. 

FAA Case No.: 2012-GL-07-0056 

Enclosed herewith please find a copy of the Respondent's Request 

for Hearing, dated April 30, 2014, which was received by our office 

on May 2, 2014. Also, please find enclosed the original and one 

copy of the Complaint in the above-referenced proceedings. 

The FAA requests that the hearings in these matter be held in 

Columbus, Ohio, and expects that the hearing will last one day. 

Please address all communications for the FAA to the undersigned 

at: 

Kate Barber 

Federal Aviation Administration, AGL-7 

2300 East Devon Avenue 

Des Plaines, IL 60018-4696 

Phone (847) 294-7862 

Fax (847) 294-7498 

Email Kate .Barber@faa. gov 

Kate Barber 

Attorney 

Enclosures: Request for Hearing 

Complaint 

cc: Respondent (w/copy of Complaint) 

RECEIVED 

JUN 0 8 2015 

HEARING DOCKET 
CERTIFICATE OF SERVICE 

I hereby certify that I have, this date, served the foregoing 

Complaint by mailing copies, as indicated below, via Certified 

Mail, to the following: 

Original and one copy to: 

One copy to: 

Hearing Docket 

Federal Aviation Administration 

BOO Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1000 

Jerry A. Eichenberger 

EICHENBERGER & ASSOCIATES 

6037 Frantz Road, Suite 107 

Dublin, OH 43017 

Dated this gth day of May, 2014. 

~ 

.. · ~.·~~ Yola a Quiles 

Leg l Technician 

FAA, Great Lakes Region 

2 
FEDERAL AVIATION ADMINISTRATION 

Hearing Docket 

Administrator, Federal Aviation Administrati9n, 

Complain:tant, 

v. 

Spirit Avionics, Ltd., 

Respondent. 

FAA File Numbers: AGL-7B 

2012-GL-07-0056 

REQUEST FOR HEARiNG 

Now comes Respondent, Spirit Avionics, Ltd., by and through the undersigned counsel, 

and hereby requests a hearing pursuant to the provisions ofPart 13, Code ofFederal Regulations. 

ichenbe er (00 1 55) 

EICHENBERGER & ASSOCIATES 

6037 Frantz Road, Suite 107 

Dublin, Ohio 43017 

614-798-1600/614-798-1620 (fax) 

Attorney for Respondent 
- . ..; ~. 

CERTIFICATE OF SERVICE 

I hereby certify that a true copy of the foregoing has been forwarded to the following by. 

Ordinary U.S. Mail, postage pre-paid, this 30th day of April, 2014. 

Kate Barber, Attorney 

Office of Regional Counsel 

Federal Aviation Administration 

Great Lakes Region 

2300 E. Devon Avenue 

Des Plaines, IL 60018 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

Spirit Avionics, Ltd. 

FAA DOCKET NO. (not assigned) 

(Civil Penalty Action) 

DMS NO. (not assigned) 

FAA CASE NO. 2012-GL-07-0056 

COMPLAINT 

The Federal Aviation Administration (FAA) , by counsel, hereby 

files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 

C.F.R. 13.208), and states as follows: 

I 

1. On April 25, 2014, Respondent was advised through a Final 

Notice of Proposed Civil Penalty that the FAA proposed to assess a 

civil penalty in the amount of $11,000. On April 30, 2014, Respondent 

submitted a written request for a hearing. 

2. At all times hereinafter-mentioned Spirit, was the 

holder of Repair Station Certificate UOKR250X. 

3. Spirit was hired to perform maintenance on a number of 

type certificated aircraft owned and operated by the Federal 

Aviation Administration (FAA). 

4. Spirit subcontracted major portions of this work to 

Lane Aviation, holder of Repair Station Certificate DYCR407D. 
2 

5. At some time prior to February 24, 2011, Spirit 

fabricated or had fabricated at least twenty-two (22) brackets 

and twenty-two (22) lanyards that eventually would be used on the 

FAA aircraft. 

6. The brackets and lanyards were replacement or 

modification parts for use on the FAA aircraft. 

7. On February 24, 2011, Spirit sold twenty-two (22) of 

the fabricated brackets and twenty-two (22) of the fabricated 

lanyards to Lane Aviation as replacement or modification articles 

representing these parts as suitable for installation on the FAA 

aircraft. 

II 

By reason of the foregoing facts and circumstances, Respondent 

violated Section(s) 21.9(b) of the Federal Aviation Regulations. 

1. Pursuant to Title 49 of the United States Code, Section 

46301 (49 U.S.C. §46301), Respondent is subject to a civil penalty not 

to exceed $1,100 for each violation alleged. 

2. Under the facts and circumstances of this case, a civil 

penalty of $11,000 is appropriate. 

WHEREFORE, ' the Agency, by counsel, respectfully requests that the 

Administrative Law Judge enter an Order that Respondent be assessed a 

civil penalty in the amount of $11,000. 
Respectfully submitted this 8th day of May, 2014. 

Attorney 

Federal Aviation Administration 

Great Lakes Region, AGL-7 

2300 East Devon Avenue 

Des Plaines, IL 60018 

(847) 294-7313 

FAX: (847) 294-7498 

AGL-7B 

3 
I hereby certify that the foregoing Complaint has been mailed this 

date by Certified Mail, Return Receipt Requested, to: 

Original and One Copy: 

One Copy: 

Hearing Docket 

Federal Aviation Administration 

800 Independence Avenue, S. W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk 

AGC-430, Wilber Wright Building 

Suite 2W1000 

Jerry A. Eichenberger 

EICHENBERGER & ASSOCIATES 

6037 Frantz Road, Suite 107 

Dublin, OH 43017 

Dated this 8th day of May, 2014. 

Great Lakes 

4 
In The Matter Of: 

U.S. DEI'ARTMENT OF TRANSI'ORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

DOCKET NO. FAA-2014-0119 

SPIRIT AVIONICS, LTD. 

) 

) 

) 

) 

) 

CASE NO. 2012-GL-07-0056 

Respondent. JUDGE SULLIVAN 

DECLARATION m- ERIC C. OCHS 

NOW COMES the Declarant, Eric C. Ochs, and for his declaration states as follows: 

1. I am over the age of 18, under no disability, competent to testify, and I understand the 

obligations of an oath. 

2. I am currently the CEO of Sprit Avionics, Ltd. ("Spirit Avionics") and have held this 

position since its creation in 2000. 

3. On or around August of 2010, Spirit Avionics submitted a bid package and was 

subsequently awarded a contract (the "Contract") to perform work on aircraft belonging 

to the Federal Aviation Administration ("FAA"). 

4. The terms of said Contract were to provide a variety of modifications to the interior cabin 

of 18 Beech craft King Air 300 aircraft then owned and utilized by the FAA. 

5. Due to a combination of both limitations of the certificate belonging to Spirit Avionics, 

Ltd. and lack of equipment and/or specialization needed to perform every task 

contemplated under the tenus of the Contract with the FAA, Spirit Avionics utilized the 

experience and expertise of two highly respected and qualified sub-contractors; Lane 

Aviation Corporation ("Lane Aviation") and Tritex Corporation ("Tritex") in carrying 

out the work contemplated by the Contract. 

6. Lane Aviation Corporation was utilized to complete the removal of old parts and 

hardware and to complete the subsequent installation of new parts and hardware 

contained in the Beechcraft King Air 300 aircraft. 

7. Tritex Corporation, a company that specializes in fabric and upholstery work for the 

aviation and other industries, was utilized to provide fabric and other upholstery work for 

the interior of the Beech craft King Air 300 aircraft. 

8. Prior to submission of the bid package and subsequent award of the FAA contract, I 

wo_rked in co~junction ~h~~~Y'\n /~~on and Tritex Corporation to 

estunate potential costs aMl~~'!!rlovat::! ue Contract. 

JUN 0 8 2015 

HEARING DOCKET 
9. After Spirit Avionics was awarded the Contract with the FAA, during communications 

with Lane Aviation and Tritex regarding planning of the performance of the contract, it 

was determined that there was an oversight in estimating the cost of parts and hardware 

relating to installation of the headliner of the interior cabin. 

10. Because it was determined that this was a mutual oversight, and all parties would require 

said parts and hardware while petfonning their respective roles under the Contract, Spirit 

Avionics, Lane Aviation, and Tritex agreed to share the cost of ordering the parts that 

would be necessary to perfonn the Contract. Each party's respective share was in the 

amount of $7,416.91 and was invoiced to each party on the invoices attached as Exhibits 

A and B attached hereto. 

11. After navigating this minor hurdle, performance under the Contract commenced without ~m~ . 

12. Following the award of the contract to Spirit Avionics and prior to commencement of any 

work pursuant to the contract, the FAA forwarded funds to be used for the purchase of 

patts, hm·dware, equipment, and materials exclusively to Spirit Avionics as the sole 

named contractor. 

13. During negotiations and after commencement of the Contract, it was clearly articulated in 

the Contract between Spirit Avionics and the FAA that all parts, hardware, materials, and 

equipment purchased for performance of the contract were solely the property of the 

FAA. 

14. All parts, hardware, and material that were to be used on at1y aircraft under the Contract 

were purchased with funds provided solely to Spirit Avionics by the FAA as per the 

terms of the Contract. 

15. All parts, hardware, and material were either purchased or fabricated pursuant to 

engineering data approved by a Designated Engineering Representative. 

16. All parts fabrication activities by Spirit Avionics were performed in accordance with 

FAR 21.9(a)(6). 

17. As per Spirit Avionics policy and as articulated in the Contract, all patts, hardware, and 

materials that were to be used in connection with the performance of the Contract were 

received through the Spirit Avionics quality management system, stored atld secured on 

site at Spirit Avionics, and issued to the respective sub-contractor as necessary at the time 

work was to be perfom1ed by either Lane Aviation or Tritex. 

18. At no time did Lane Aviation or Tritex purchase and assume possession to any parts, 

hardware, or materials from Spirit Avionics that were used in connection with their role 

under the Contract with the FAA. 
19. At no time did Lane Aviation or Tritex issue any purchase orders to Spirit Avionics 

regarding any parts, hardware, or materials used in connection with their role under the 

Contract with the FAA. 

20. At no time did Lane Aviation or Tritex receive any parts from Spirit Avionics to be 

accepted into their respective inventories, as Spirit Avionics was the sole custodian of 

any parts used in connection with the performance of the Contract until such time as 

these parts were required to be consumed in the interior installation activities. 

Further Declarant sayeth naught. 

I, Eric C. Ochs, declare this 22nd day of May, 2015, under penalty of petjury that the above 

statements are true and correct. 

Eric C. Ochs, CEO 

Spirit Avionics, Ltd. 
. .r· ... · . (j) roP -~. -i~'t:;;j? .. :=;,7 Spirit Avionics Ltd. ·1<!~ sNru± 4808 E. 5th Avenue 

#~! ~¥~\f~~::i~-@~]-'.,, Columbus, OH 43219 

Ph:614.237.4271 Fax:614.237.1i387 

FIN: 31·1699563 

www.spirftavionics.com 

Lane Aviation Corp 

Atten: Accts Payable 

4389 International Gateway 

Columbus, OH 43219 

WORK ORDER# 

11027 

DESCRIPTION 

Invoice 

DATE INVOICE# 

2124/2011 515449 

TERMS CUSTOMER P.O.# AIRCRAFT N# 

Net 30 

QTY RATE AMOUNT 

Lane 

FAA aircraft 

Aviation portion of purch-ase and assembly of headliner install kits. Kits supplied· to be used for the 3rd 1 7,416.91 7,416.91T 

thmu9h the 18th airctaft. . •. 

Subtotal 

CMK Fee 

7.416.91 

0.30% 22.25 

' 

~ . frifAi_u J A,, }.\'[; 

Subtotal $7,439.16 

Sales Tax (0.00) $0.00 

Solrlt 

Make 

Avionics 

ail checks payable to: E 'v E 0 Ltd. BaEQ Total $7.439.16 

Past Due lnvolces are subJect to 1, o a e ee per 

Payments/Credits $0.00 month. 

JUN 08 2015 

Balance Due $7,439.16 . 

HEARING DOCKET 
./". ' '~1C~7· Spirit Avionics Ltd. 

ST'IRIT 4808 E. 5th Avenue 

!.\t}ff:SiL~·Jr.::~"' Columbus~ OH 43219 

•• ·• · · ·" ,,.. Ph:£14.237.4271 Fax:£14.237.6387 

FIN: 31-16e9563 

www .spiritavionlcs .e-om 

T ritex Corporation 

4389 International Gateway 

Suite 184 

Columbus, OH 43219 

WORK ORDER# 

11027 

DESCRIPTION 

Tri-tex Corporation portion of purch-ase afld assembly of headliner install klts. 

3rd through 18th aircraft. 

Subtotal 

CMH f=ee 

-~- ,<•"" 

\ 

,\~ I 1 ( '\ 'J 

~ \1P \ 

Make aH checks payable to: 

Spirit Aviontcs Ltd 

Past Due Invoices are subject to a 1.50% !ate fee per 

month. 

invoice 

DATE INVOICE# 

2124/2011 515450 

TERMS CUSTOMER P.O.# AIRCRAFT N # 

Net30 

I QTY RATE AMOUNT 

K.tts supplied to be used for the ! 1 7.416.90 7.416.90T 

7,416.90 

0.30%1 22.25 

' 

! 

Subtotal 57,439.15 

Sales Tax (0.00) :moo 

Total $7,439.15 

• 

Payments!Credits $0.00 

Balance Due $7,439.15 
RECElVED 

JUN 0 8 2015 

HEARING DOCKET 

Friday, 

October 16, 2009 

Part m 

Department of 

Transportation 

Federal Aviation Administration 

14 CFR Parts 1, 21, 43, et al. 

Production and Airworthiness Approvals, 

Part Marking, and Miscellaneous 

Amendments; Final Rule 
53368 Federal Register/Val. 74, No. 199/Friday, October 16, 2009/Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 1, 21, 43, and 45 

[Docket No. FAA-2006-25877; Amendment 

Nos. 1-64, 21-92, 43-43, and 45-26] 

RIN 2120-AJ44 

Production and Airworthiness 

Approvals, Part Marking, and 

Miscellaneous Amendments 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is amending its 

certification procedures and 

identification requirements for 

aeronautical products and articles. The 

amendments will update and 

standardize those requirements for 

production approval holders (P AHs), 

revise export airworthiness approval 

requirements to facilitate global 

manufacturing, move all part marking 

requirements from part 21 to part 45, 

and amend the identification 

requirements for products and articles. 

The intent of these changes is to 

continue to promote safety by ensuring 

that aircraft, and products and articles 

designed specifically for use in aircraft, 

wherever manufactured, meet 

appropriate minimum standards for 

design and construction. As a result of 

this action, the FAA's regulations now 

better reflect the current global aircraft 

and aircraft products and articles 

manufacturing environment. 

DATES: This rule is effective April 14, 

2010. 

FOR FURTHER INFORMATION CONTACT: For 

that contribute to providing fast, safe, 

efficient, and convenient transportation 

(49 United States Code, Subtitle 1, 

§ 101). The Federal Aviation 

Administration (FAA or "we/us/our") is 

an agency of the Department. The FAA 

has general authority to issue rules 

regarding aviation safety, including 

minimum standards for articles and for 

the design, material, construction, 

quality of work, and performance of 

aircraft, aircraft engines, and propellers 

(49 U.S.C. 106(g) and 44701). We may 

also prescribe regulations in the interest 

of safety for registering and identifying 

an aircraft engine, propeller, or article 

(49 u.s.c. 44104). 

The FAA is amending its regulations 

governing the certification procedUTes 

for products and articles and its 

requirements for identification and 

registration marking. These changes will 

improve the quality standards 

applicable to manufacturers, which help 

ensure that products and articles are 

produced as designed and are safe to 

operate. We are also relocating and 

standardizing our requirements for 

marking articles intended for use in 

aviation. These changes will make it 

easier to determine whether the correct 

articles are installed, which will 

contribute to a greater degree of safety. 

For these reasons, this rule will be a 

reasonable and necessary exercise of our 

rulemaking authority and obligations. 

Table of Contents 

I. Background 

II. Discussion of the Final Rule 

A. Summary of Amendments 

B. Miscellaneous Requirements 

C. Compliance Dates 

III. Regulatory Notices and Analyses 

IV dments 

technical questions concerning this rule, '<:.:::;=:e.:.::.:;::::_....-

contact Barbara Capron and/or Robert Over the last several decades, the 

Cook, Production Certification Branch, aircraft manufacturing industry has 

AIR-220, Federal Aviation evolved significantly. Years ago, most 

Administration, 800 Independence transport category aircraft were 

Avenue, SW., Washington, DC 20591; manufactured in the United States. A 

telephone (202) 385-6360 or (202) 385- typical business model consisted of a 

6358; e-mail: barbara.capron®faa.gov or production certificate (PC) holder with 

robert.cook@faa.gov. For legal questions a relatively small number of suppliers. 

concerning this rule, contact Angela Today, the number of aircraft 

Washington, AGC-210, Office of the manufacturing suppliers has increased 

Chief Counsel, Federal Aviation dramatically. Conversely, through the 

Administration, 800 Independence years, the aircraft industry has seen a 

Avenue, SW., Washington, DC 20591; steady decline in the number ofU.S.-

telephone (202) 267-7556; e-mail: based transport category aircraft 

angela. washington@faa.gov. manufacturers. Those manufacturers, 

SUPPLEMENTARY INFORMATION: who once predominantly oversaw the 

production of replacement articles for 

Authority for this Rulemaking their aircraft, now witness the ever 

Under the laws of the United States, increasing production of replacement 

the Department of Transportation has and modification articles by 

the responsibility to develop independent parts manufacturers. 

transportation policies and programs Suppliers, including parts 

manufacturers, were located mainly in 

the United States decades ago; now, 

they are located all over the world. 

Suppliers are manufacturing greater 

percentages of aircraft products and 

articles. As a result, aircraft are now 

manufactured in an increasingly global 

environment. 

The FAA did not envision such an 

expansion in aircraft manufacturing 

when the certification rules were first 

promulgated in 1964. The industry has 

been the subject of burgeoning 

internationalization in the last several 

decades. Evidence of this fact is that 

now, more than ever before, the United 

States has more bilateral agreements 

with foreign civil airworthiness 

authorities addressing the production, 

import, and export of aircraft. The old 

certification rules are too restrictive to 

accommodate today's manufacturing 

paradigm. Removing some of those 

restrictions will greatly improve our 

regulatory efficiency. This final rule is 

the FAA's response to the changing 

dynamics of the aircraft manufacturing 

industry, and this final rule contains 

requirements that reflect the current 

global environment. 

The evolution of the manufacturing 

industry prompted the FAA to publish 

in the Federal Register a notice of 

proposed rulemaking (NPRM) on 

"Production and Airworthiness 

Approvals, Parts Marking, and 

Miscellaneous Proposals" (71 FR 58914, 

October 5, 2006). In that notice, we 

proposed comprehensive changes to 

certification procedures and 

identification requirements for 

aeronautical products and articles. In 

general, we proposed to: (1) Standardize 

quality system requirements for all 

Production Approval Holders (PAH); (2) 

require PAHs, including those 

producing under Type Certificate, to 

mark all articles, including subassemblies and components; (3) require 

P AHs to issue airworthiness approvals 

for aircraft engines, propellers, and 

other aviation articles; (4) require PARs 

to create a certifying staff to issue those 

approvals; and (5) revise export 

airworthiness approval requirements to 

facilitate global manufacturing. The 

NPRM contains the background and 

rationale for this final rule, and except 

where we have made revisions to the 

proposal in this document, you should 

refer to the NPRM for that information. 

Commenters to the NPRM represented 

aircraft and parts manufacturers; repair 

stations; the U.S. Small Business 

Administration, Office of Advocacy 

(SEA's Office of Advocacy); industry 

groups; and other civil aviation 

authorities and individuals. While there 

was much support for the general intent 
Federal Register/Val. 74, No. 199/Friday, October 16, 2009/Rules and Regulations 53369 

of the proposed rule changes, the largest 

percentage of the commenters opposed 

the following four specific proposals: 

1. Identification Requirements for Parts, 

Appliances, and Technical Standard 

Order Articles 

The NPRM proposed to require 

manufacturers to mark each component 

of an aircraft engine or propeller, each 

part and component thereof, and each 

appliance and component thereof. Until 

now, the FAA has only required 

marking of the part; not the individual 

components of the part. Over forty 

commenters rejected the proposal, 

stating that the requirement to mark 

each component would be cost 

prohibitive. Also, the proposal would 

necessitate a change in all associated 

drawings and design data to reflect the 

marking requirement. 

2. Mandatory Issuance of Airworthiness 

Approvals for Each Aircraft Engine, 

Propeller, and Article 

The NPRM contained a proposal that 

would have required P AHs to issue an 

airworthiness approval for each aircraft 

engine, propeller, or article produced 

under the production approval that 

conforms to its approved design and is 

in a condition for safe operation. 

Currently, and under the old rules, an 

airworthiness approval is mandatory for 

products and articles only when those 

products and articles are being 

exported. The FAA has never required 

that airworthiness approvals be issued 

domestically. Commenters stated that 

because a disproportionately larger 

number of aircraft engines, propellers, 

and articles are shipped domestically 

than are exported, mandatory issuance 

of airworthiness approvals would 

impose a substantial cost burden on 

manufacturers. 

3. Creation of Certifying Staff To Issue 

Airworthiness Approvals 

We proposed in the NPRM to require 

PAHs to develop procedures for 

establishing and maintaining certifying 

staff that would be responsible for 

issuing airworthiness approvals for 

aircraft engines, propellers, and articles, 

including the issuance of export 

airworthiness approvals. Presently, only 

the FAA or its designees issue 

airworthiness approvals. Commenters 

opposed this requirement, arguing that 

it would necessitate additional staff 

training and implementation of new 

procedures for manufacturers, thus 

unnecessarily escalating the cost of 

manufacturing. 

4. Standardized Quality System 

Requirements 

In the NPRM, we proposed to 

standardize quality system requirements 

for PAHs so that all PAHs comply with 

the same set of quality system 

requirements, regardless of the product 

or article produced. We received over 65 

comments (including those from the 

SEA's Office of Advocacy; industry 

groups representing manufacturers, 

airlines, and pilots; and aircraft, aircraft 

engine, and aircraft parts 

manufacturers). An overriding concern 

of the commenters was that the quality 

system requirements, if adopted, would 

be burdensome to implement, 

particularly for small businesses. 

Commenters asserted that the 

requirements would impose substantial 

additional costs on industry with no 

measurable increase in safety. 

In addition to the commenters noted 

above, there were commenters on other 

proposals in the NPRM. We received 

over 100 comment letters (with over 500 

comments) in response to the NPRM. 

After evaluating all comments received, 

we proceeded with this rulemaking 

action. 

II. Discussion of Final Rule 

A. Summary of Amendments 

1. Identification Requirements 

In response to the concerns and issues 

raised, the FAA has reconsidered some 

of its proposals and made several 

substantive changes to the proposed 

regulatory text. Our most significant 

change pertains to the proposal to 

require marking of all component parts 

and appliances. Fifty-two commenters 

(including SEA's Office of Advocacy; 

industry groups representing 

manufacturers, airlines, and pilots; and 

aircraft, aircraft engine, and aircraft 

parts manufacturers) asserted the 

proposed requirement to mark detail 

parts would be cost prohibitive and 

would provide no verifiable safety 

benefit. Commenters pointed out some 

products or articles consist of hundreds 

or sometimes thousands of detail parts, 

arguing that the costs associated with 

changing the drawings and design data 

could cost small businesses over one 

billion dollars to implement. 

When we performed our initial 

regulatory flexibility assessment (IRF A) 

for the NPRM, we did not recognize the 

extent to which design data would have 

to be changed in order to accommodate 

the proposed marking of detail parts. 

Given that each product or article 

consists of hundreds or thousands of 

sub-tiered drawings, all of which would 

have to be changed, we agree with the 

commenters that we put forth a costprohibitive proposal. Accordingly, the 

final rule does not contain this 

requirement. 

As a result of the many comments in 

opposition to our marking proposal, we 

revised the proposed rule to provide for 

methods of identification more flexible 

than marking. PAHs must mark the 

product or article that they have been 

granted a certificate or approval for in 

accordance with part 45. However, the 

sub~assemblies and component parts of 

that product or article do not have to be 

marked or identified unless they leave 

the PAR's facility as a separate article 

(e.g., replacement or modification part). 

Sub~assemblies, component parts, or 

replacement articles that leave the 

PAH's facility as FAA-approved must 

include the manufacturer's part number 

and name, trademark, symbol, or other 

FAA-approved PAH identification (e.g., 

the production approval number, cage 

code, or Federal supply code for 

manufacturers (FSCM)). A manufacturer 

or person producing under subparts F, 

G, K, or 0 may choose any method to 

meet this requirement. Methods 

include, but are not limited to, marking 

the article, attaching a tag to the article, 

placing the article in a container, or 

providing a document with the article 

with the information previously 

mentioned. This identification 

requirement codifies current industry 

practice and is less stringent than the 

proposed requirement. 

This identification requirement is not 

driven by a history of aviation accidents 

where inadequate marking or 

identification was necessarily found to 

be a primary cause; rather, it is part of 

a systemic approach to safety. Accident 

investigations and safety management 

system analyses show that accidents are 

rarely caused by one event. Accidents 

are the result of a chain of events. If any 

of the events had not occurred, an 

accident may have been prevented. This 

requirement assists in the traceability of 

articles and helps reduce the 

installation of incorrect articles, thereby 

preventing accidents. 

Because identification of articles is 

simply a byproduct of the marking 

proposal, the FAA has determined that 

it is within the scope of this rulemaking. 

The economic effects of this 

requirement have been evaluated and 

determined to be cost~neutral (i.e., 

having no economic impact). 

In the NPRM, we proposed to revise 

§ 45,15 to specify particular marking 

requirements for parts manufacturer 

approval (PMA) and technical staudard 

order (TSO) articles. In doing so, we 

removed the former requirements for 

producers of PMA articles to mark those 
Federal Register/Val. 74, No. 199/Friday, October 16, 2009/Rules and Regulations 53373 

suggested the meaning of the term 

"internal" is relative to a PAH's quality 

system; therefore, audits of suppliers 

would fall within the scope of internal 

audits because a supplier is under the 

PAH's quality system. The commenter 

requested a clarification of the 

definition of "internal audits" as it 

pertains to suppliers. 

The concept of what constitutes 

"internal" for the purposes of an audit 

is relative to the PAR's quality system. 

We think the regulation is sufficiently 

clear. Suppliers are controlled through 

the P AH' s quality system, and 

procedures for suppliers' audits are 

dictated in§ 21.137(c), Supplier controL 

Conversely,§ 21.137(1) denotes 

procedures for the conduct of internal 

audits of the effectiveness of the PAR's 

Supplier Control System. 

4. Replacement and Modification 

Articles 

Former§§ 21.303(a) and (b) addressed 

production requirements for 

replacement and modification parts to 

ensure that only articles that conform to 

their approved design and are in 

condition for safe operation are installed 

in type-certificated aircraft. With certain 

exceptions, the former rule prohibited 

the production of such parts for sale for 

installation on a type-certificated 

product, unless those parts were 

produced pursuant to a PMA. Exempted 

from this requirement were parts 

produced under a TC or PC, parts 

produced by an owner or operator for 

maintaining or altering his own product, 

parts produced under an FAA TSO, and 

standard parts. This final rule 

consolidates those former requirements 

in newly established§ 21.9(a), with 

some revisions. Under today's rule, the 

FAA will now prohibit the production 

of a replacement or modification article 

if the producer knows, or should know, 

that the part is reasonably likely to be 

installed on a type-certificated product 

unless the article part is: • Produced under a TC; • Produced under an FAA production 

approval; 

• A standard part; • A commercial part, as defined in 

§ 21.1; 

• Produced by an owner or operator 

for maintaining or altering that owner or 

operator's product; or • Fabricated by an appropriately 

rated certificate holder with a quality 

system and consumed in the repair or 

alteration of a product in accordance 

with part 43, 

The provisions of§ 21.9 apply to the 

producer of any part that may be used 

as a replacement or modification article, 

not just parts that were produced 

specifically as replacement or person knew or should have known that 

modification articles. In determining a part he produced was reasonably 

whether a violation has occurred, one likely to be installed on a typefactor the FAA will consider is whether certificated product. 

the article was represented as suitable Numerous commenters (including 

for installation on a type-certificated Aircraft Electronics Association (AEA), 

product. Producers of replacement or Aviation Suppliers Association (ASA), 

modification articles who represent and repair stations) stated our proposed 

those articles as suitable for installation rule no longer contained language 

on a type-certificated product may be in prohibiting the production of parts "for 

violation of§ 21.9 unless the articles sale for installation on a typewere produced under one of the above certificated product." In addition, the 

captions. SEA's Office of Advocacy asked the 

Representation may include, but is FAA to clarify and confirm that the 

ot limited to, a producer advertising its existing ability of a repair shop to 

parts in aviation magazines; produce a part during maintenance 

representing the part with statements activities remains in place. Since the 

such as "aviation quality" or "as NPRM proposed to remove that 

previously installed on"; issuing language, several repair stations asked 

aviation parts catalogs; or marketing at us to clarify whether they will still be 

aviation trade shows and conferences. able to produce articles that will be 

Owners, operators, producers, and consumed in the course of a repair 

maintenance providers rely on these t:~thout violating§ 21.9(a). 

representations to determine the W It is not our intent to preclude that 

airworthiness of an aircraft, or the activity. To address that concern and 

acceptability of products and articles for clarify our intent, we established an 

a given application. Therefore, these exception in§ 21.9(a)(6). This 

representations must be truthful. exception, which was not proposed in 

Assessing representation of a part is just the NPRM, allows for the production of 

one means of determining whether a articles without benefit of a production 

violation of§ 21.9(a) has occurred. approval when articles are fabricated by 

Absent any such representation, the an appropriately rated certificate holder 

FAA may still find a violation has with a quality system and consumed in 

occurred if evidence can be established the repair or alteration of a product or 

that the producer knows or should article in accordance with part 43. 

know that the part is reasonably likely Maintenance providers who do not have 

to be installed on a type-certificated a quality system may continue to 

product. fabricate owner-produced articles for 

Finally, newly established§ 21.9(c) installation on type-certificated aircraft 

would allow a person to represent an using the guidelines set forth in Policy 

article as suitable for installation on a Memorandum, Definition of "Owner 

type-certificated aircraft if the article Produced Part," Section 21.303(b)(2), 

was declared surplus by the U.S. Armed August 5, 1993, 

Forces and was intended for use on that SEA's Office of Advocacy asked the 

model of U.S. Armed Forces aircraft. FAA to clarify how the rule would 

We received thirty-seven comments impact the distribution of parts and 

on this section. SEA's Office of existing inventories based on small 

Advocacy requested additional business concerns that the proposed 

clarification on how the provisions of rules will forbid anyone from selling 

this section of the rule would apply. In civil aircraft parts unless they are the 

addition, two individuals stated the rule manufacturer ofthe part, essentially 

language "if a person knows, or should forcing current parts distributors out of 

know, that the part is reasonably likely business. This phrase was used in 

to be installed on a type-certificated former§ 21.303(a). We disagree. Section 

product" is very subjective, and it will 21.9 governs the production, not the 

be difficult to properly and consistently sale, of articles and does not prohibit 

enforce. It believed distributors, owner/ distributors from selling articles. 

operators, and manufacturers could be SEA's Office of Advocacy was also 

subject to legal action due to concerned that the regulation does not 

misunderstandings of the rule. The contain express provisions concerning 

expected misunderstandings would inventories of existing articles. That 

arise from the likelihood of this final commenter recommended we clarify 

rule affecting parts manufacturers not that any new production requirements 

subject to FAA regulation before its on articles or products apply only to 

issuance. However, we believe the new articles manufactured after a certain 

rule is clearly stated, objective, and date and that the requirements do not 

enforceable. As we apply the standard, render current articles or products in 

we will examine all relevant facts and inventory unusable. Like the Office of 

circumstances to determine whether a Advocacy, ASA believed the rule would