Specifications include, but are not limited to: A.1.1 Provide, credit reports, credit references or other required financial documents. A.1.2 All charter aircrafts provide for University funded trips must be in excellent condition and meet all the Department of Transportation (DOT), Federal Aviation Administration (FAA), State of Tennessee and any other Federal and State rules, regulations, or requirements in regard to airworthiness and safe travel. The Air Carrier/Operator is responsible to be familiar and in compliance with all the regulations. A.1.3 All Air carriers must be certified and duly licensed Part 135 or 121 by the Department of Transportation and Federal Aviation Administration. A copy of each air carrier’s operating certificate must be provided with the proposal response, and failure to supply a certificate will result in an elimination of the proposal request. A.1.4 The University must arrive to scheduled events on time. All penalties, fines, or charges assessed to the University because of mechanical malfunctions, breakdowns, or due to the negligence of the pilot(s), the charter company, its agents, employees or subcontractors, will be the responsibility of the Respondent, with the exception of force majeure events. A.1.5 In the event of mechanical malfunctions or breakdowns, the Respondent must supply a replacement aircraft at its expense within a 2 to 4-hour time frame from the time the problem is discovered. The cost of replacement transportation, mechanical repairs, or service will be at the expense of the Respondent. The University will only pay the original contracted bid price for the scheduled charter. In such an event, The University shall have no liability towards the Respondent for the cost of any part of the charter not used by the University, any damages, loss of profit, or any other costs or expenses. Also, any replacement aircraft must meet the same criteria required in section A.1.3. A.1.6 If the Respondent is unable to provide aircraft for any of the charter flights listed in the contract by the scheduled flight time due to mechanical malfunction or breakdown of the aircraft and Respondent is unable to cure such nonperformance within four hours of the scheduled flight time, the University may secure air services or another mode of transportation from other transportation providers. In such event, The University shall have no liability towards the Respondent for any damages, loss of profit, or any other costs or expenses. The Respondent shall agree to refund the University the whole or a prorated portion of the charter price paid for either the entire charter flight or that portion of it which was not provided and shall reimburse the University for all costs and expenses incurred to substitute air services or other transportation which exceeds the cost for either the entire charter for that portion of the scheduled charter flight which did not occur. A.1.7 If the Respondent’s service provider cancels a scheduled charter flight, the Respondent must refund The University the total charter price paid for the cancelled chart flight. If the Respondent’s service provider cancels only a portion of the charter flight, then the Respondent agrees to refund the University that portion of a charter flight allocable to the cancelled portion of the charter flight.
