FAA Drone Integration Pilot Program (2017)


Update: on 11/2/2017 we received more details on the plan. I updated all the information below. The actual text of the plan is here.

QUICK UPDATE:

  • “The Government will not provide any funding for project performance……The FAA will not be liable for any costs associated with the preparation of responses to the SIR, nor reimburse or otherwise pay any costs incurred by any party responding to this announcement. Therefore any cost associated with responding to this announcement is solely at the respondents expense.”
  • “The applicant may request reasonable time, place and manner limitations on low-altitude UAS operations within its jurisdiction to facilitate the proposed development and testing of new and innovative UAS concepts of operations in addition to other selection criteria. The FAA will require jurisdictions to ensure that any time, place and manner limitations, [Footnote 2] including those adopted through means such as legislation or regulation, include self-implementing provisions that automatically terminate those restrictions upon the termination of the MOA. Monitoring and enforcement of any limitations enacted pursuant to this pilot project would be the responsibility of the jurisdiction, but the FAA retains the authority to enforce Federal law. The DOT may select among complete applications on a rolling basis and may exclude from consideration any incomplete applications.” Footnote 2 says, “Examples of reasonable time limitations may include prohibiting flight during specified morning and evening rush hours or only permitting flight during specified hours such as daylight hours, sufficient to ensure reasonable airspace access. Reasonable place limitations may include designated take-off and landing zones, limiting operations over moving locations or fixed site public road and parks, sidewalks or private property based on zoning density, or other land use considerations. Reasonable manner limitations may include requiring notice to public safety or zoning/land use authorities prior to operating, limiting UAS operations within designated altitudes within airspace over the jurisdiction; specifying maximum speed of flight over specified areas; prohibiting operations, in connection with community or sporting events that do not remain in one place (e.g., parades, running events); or mandating equipage.”

Table of Contents

Quick Summary of the Drone Integration Pilot Program

President Trump issued an executive memorandum to the Department of Transportation telling them to implement the drone integration pilot program described in the memo. The idea is a state, local, or tribal government working with a non-government entity applies to the FAA to have an “innovation zone” designated in their area to develop and safely test new and innovative UAS concepts of operations. These innovation zones allow more advanced drone operations to take place such as “delivery of life-saving medicines and commercial packages, inspections of critical infrastructure, support for emergency management operations, and surveys of crops for precision agriculture applications.” The innovation zones also will allow for “testing of new UAS traffic management systems and detection and tracking capabilities” and counter UAS technology in accord with current law. 

The DOT will begin accepting proposals for pilot projects within the next 90 days up until a year before the pilot project ends. The program is going to last for around 3 years and then sunsets unless extended by the DOT. At the end of the program, you’ll need to have approval from the FAA to continue operations that were being done under the pilot program.

There will be no funding from the FAA/DOT for preparation or performance of the pilot program.

The FAA is inviting state, local, and tribal applicants to propose reasonable restrictions. “Examples of reasonable time limitations may include prohibiting flight during specified morning and evening rush hours or only permitting flight during specified hours such as daylight hours, sufficient to ensure reasonable airspace access. Reasonable place limitations may include designated take-off and landing zones, limiting operations over moving locations or fixed site public road and parks, sidewalks or private property based on zoning density, or other land use considerations. Reasonable manner limitations may include requiring notice to public safety or zoning/land use authorities prior to operating, limiting UAS operations within designated altitudes within airspace over the jurisdiction; specifying maximum speed of flight over specified areas; prohibiting operations, in connection with community or sporting events that do not remain in one place (e.g., parades, running events); or mandating equipage.”

The data gathered is going to be put into future FAA rulemaking. There are many questions left unanswered. See my questions left unanswered section. The DOT will publish in the Federal Register more information on how this pilot program will work. I’ll continue to update this page as more information comes out.

If you are interested in working with me on a pilot project, contact me since there will most likely be a need to deal with exemptions, waivers, or authorizations. (60 night waiver approvals and on 12/31/2015, my firm was ranked 2nd in the U.S. for the number of 333 exemption clients compared to other law firms on regulations.gov.)

PROs:

  • Support from on high. President Trump and Secretary both appear to be extremely supportive of drones for creating jobs. If the FAA starts dragging their feet, President Trump and Secretary Chao are going to ask questions.
  • Publicity for the winners.Whoever is in the first group selected will have a good amount of publicity.
  • Pause. Allowing the states, local, and tribal governments to allow some of these pilot programs to go on might help slow down the current proliferation of local drone laws. Let’s say you have a local government wanting to create a drone law. The local drone flyers can say, “Hold up there buddy. Go talk to the FAA as they have a pilot program for that.” Yes, we’ll always have rogue governments but I think more will be willing to participate and while they are participating, the FAA might tone them down.
  • Force a discussion of a difficult topic. It will force law enforcement and those favoring preemption all the way to the blade of grass to come up with some workable ideas where you can actually enforce the laws by catching the lawbreaker and throwing him in jail/fining but at the same time not violate Article VI of the Constitution. Both sides have points and neither really knows how they work together so they just entrench themselves in their position and lob arguments at the other side without considering the legitimacy of the other side’s arguments.
  • Green light for complex operations. If you are wanting to do drone operations beyond the normal part 107, this appears that the FAA will be moving the direction to allow more of the complex and difficult types of operations many of us have been wanting.
  • It might get SOMETHING done. Let’s face it. Congress will most likely not pass much in this area anytime soon. They are too busy fighting over ATC privatization. Maybe some language will get slipped into the next FAA reauthorization but who knows. If you look at the list of proposed drone bills, only 2 of them ended up becoming law. Congress isn’t going to be doing anything anytime soon. Drones are a low priority.

CONs:

  • Invitation for Unlawful Non-Federal Regulations. The pilot program invites state, local, and tribal governments to propose restrictions.  More on that in the problems raised section below.
  • Enforcement. “[P]artnerships could give local officials an opportunity to help to manage local operations subject to FAA safety oversight.” Let’s say one of these local partnerships creates some laws and the first guy gets arrested. The prosecutor files charges. Defense counters saying that the law is unlawful because the local law is preempted by federal law under Article 6 of the Constitution. Now what? We have to battle it out in the courts.  Courts are going to look at the intent of CONGRESS when the law was created, not the intent of President Trump years after the law was created to determine whether field or conflict preemption applies. I think the judge in the Singer v. City of Newton gave the FAA WAYYY too much deference by looking at the FAA letter to state and local governments. What happens if the judge strikes down the law as illegal? How does that undermine this whole pilot program?
  • Creates more operational headaches for businesses. This has the potential to cause problems by creating a massive patchwork of laws. It doesn’t allow businesses to be legal AND competitive.  Let’s face it. We’ve all seen this for the last couple of years with the FAA’s horrible enforcement action record. Unless there IS actual enforcement of the laws, the ones that try to be lawful will be punished because they will spend time and money trying to comply with the laws while their illegal competitor will pick up more business with their lower rates.
  • Didn’t fix FAA enforcement problems. Why didn’t this memo go further and tell the FAA to specifically change its enforcement philosophy on drones which is extremely relaxed. Based upon information from the FAA, they have only prosecuted since 2015 a whopping total of 48 drone flyers. Furthermore, why didn’t the memo direct the FAA to go after the companies which repeatedly hire illegal drone operators? They play into this whole thing by funding this black market by picking the lowest bidding operator (which many times is the illegal operator) while not really caring about if the operations are legal are not because they think they are insulated from a lot of the liability by the sub-contractor relationship. The FAA has the ability to go after the hiring company in certain scenarios.

Problems I See/ Questions Left Unanswered:

  • No funding. As one of my friends put it, “If there is no money, there will be no innovation.” Why should anyone work on this?
  • Is this the FINAL test site thing? First it was the 6 test sites. Then the 333 exemptions threw them under the bus. Then the Center of Excellence threw the 6 test sites under the bus. 107 threw everyone under the bus. How do we know that some new program won’t come along a year later and be the cool new thing on the block? It seems like being selected for the cool new program makes you cool only for a little while until something new comes out. The coolness leaves but the obligations and cash spent remains.
  • The FEDERAL government has exclusive control of national airspace.  49 USC 40103 says,
    (a)Sovereignty and Public Right of Transit.—
    (1) The United States Government has exclusive sovereignty of airspace of the United States.
    (2) A citizen of the United States has a public right of transit through the navigable airspace.

The President, DOT, and FAA are all under the federal statutes. How can the President, DOT, or FAA give away this exclusive sovereignty?

  • Federal courts have held that aviation is a field or conflict preempted area. Courts have previously struck down as unconstitutional non-federal laws regulating aircraft. See the U.S. Supreme Court case City of Burbank v. Lockheed Terminal. See also Singer v. City of Newton. How will federal courts view this collaboration? The courts typically look to what was the intention of CONGRESS, not the President, when determining implied preemption.
  • Is the DOJ/DOT/FAA going to defend the non-federal government from a lawsuit if they create a drone law? Getting sued isn’t innovative. Furthermore, it won’t be that great when the tax payers who elected the government officials ask questions as to why X government is involved in a lawsuit and spending $$$$ on the lawsuit.
  • Is the DOT or FAA really going to uphold any federal protections of  The DOT and FAA both created the Part 48 set of regulations which were in direct violation of federal law in multiple areas. The regulations were struck down as illegal in the Taylor v. FAA case. Is the DOT or FAA going to make sure the federal statutes are upheld or is that going to be left to attorneys litigating it out in court?
  • Rulemaking a long ways away? The data gathered from this program is going to be used for future rulemaking actions. Does that mean the over people, night, beyond line of sight proposed rulemakings are all delayed until the conclusion of this pilot program in 3 years?
  • What is the benefit for doing this? Private companies can already go the waiver, exemption, and authorization route by themselves. What is the benefit for them to partner with state and local governments?  Furthermore, one can argue there is a downside since many there are state and local sunshine laws that could potentially cause problems for confidential/proprietary materials created to get the program approved. In other words, companies, consultants, and attorneys will be hesitant to not have their hard work stolen by their competitors using a sunshine law or some state equivalent of state FOIA.
  • Cha-ching. How do you prevent special interests from using this opportunity to lobby local governments to create a regulatory created need for their services?  Not only could we have a patchwork of laws, we could have a patchwork of services/equipment requirements/etc. causing more problems for businesses.
  • Easy Pass? Do the partnerships get treated the same as the non-partnership guys get treated?  In other words, is the FAA going to treat two similarly situated individuals differently? If so, why do the partnership?  If not, why do the partnerships get an “easy pass?”
  • Drones are the “canary in the coal mine” for manned aircraft. Who is to say this is going to stop at drones? Once states and local governments start feeling like they can legitimately regulate aviation related things close to the ground, and especially after they start getting a taste of the revenue they can maybe generate with drones, why stop there and go to the deeper pockets with manned aviation? Helicopter and crop dusters both operate in the same low altitudes as drones. Why can’t they also be regulated? Furthermore, this has the potential to erode preemption which manned and unmanned both enjoy. I believe the FAA already has a pilot program going on right now with local government and Santa Monica airport.  O wait. My bad. I did not just go there………. I guess that isn’t a pilot program the manned community would want.
  • Outdated aviation regulations and we need to innovate? Some of the material keeps referencing old aviation regulations and the need to innovate? See White House Fact Sheet below saying, “America’s regulatory framework for aviation is outdated[.]” Part 107 went into effect August 29, 2016. How is that outdated? What this sounds like is whoever is doing the policy has an outdated view of the law.  Everyone keeps talking about the law but no one really knows it or how it is in effect. I had a contact working for an elected official up in D.C. call me up to ask for the “real deal” on what was going on with waivers. The more I dug down, it sounded like the lobbyists/policy makers who were talking to the contact had an incorrect understanding of the current regulatory environment.
  • We can do most of the stuff without a pilot program. All the things being mentioned as a need for this pilot program (beyond line of sight, night flying over people, etc.) can be done under Part 107 or with a Part 107 waiver except for beyond visual line of sight package delivery.  Why do we need this program to innovate what we already have?  Wouldn’t it be better to just tell the FAA to start getting these waivers going ASAP without bringing in this whole big local/state/federal preemption problem?
  • Frustrated “innovators” are going to end up right back where they started. The FAA and DOT are going to have to work within their existing regulatory framework. This executive memo didn’t somehow undo law. This means anyone looking to “innovate” and is frustrated with the current exemption, waiver, or authorization process is going to realize that the memo, and law, will put them right back at where they started. It doesn’t somehow create a completely new alternative system of making everything lawful. The executive memo says using “existing authorities to grant exceptions, exemptions, authorizations, and waivers from FAA regulations[.]” Really regardless of whether you do the pilot program or not, you might want to consider my help since I have experience with waivers, exemptions, and authorizations. : )

Who Is In Support of the Drone Integration Pilot Program:

  • Small UAV Coalition
  • Intel
  • Senator Mark Warner
  • AUVSI wrote a letter which was signed by 30 companies asking for a pilot program.
    • A^3 By Airbus Group
    • Academy of Model Aeronautics
    • Air Traffic Control Association
    • Airbus Aerial
    • Aircraft Owners and Pilots Association
    • Airlines for America
    • Autonomous Systems Center of Excellence
    • Chamber Technology Engagement Center
    • Cherokee Nation Technologies
    • Consumer Technology Association
    • CTIA
    • Drone Manufacturers Alliance
    • GoPro
    • Helicopter Association International
    • Intel
    • National Air Traffic Controllers Association
    • National Press Photographers Association
    • Qualcomm
    • The Padina Group
    • PrecisionHawk
    • Skyward
    • Small UAV Coalition
    • But on the AUVSI letter there was also the logos of these companies: (I guess they didn’t sign but supported it?)
      • Verizon
      • UPS
      • Fedex
      • Intel

Who Is Against the Drone Integration Pilot Program:

  • Partial support but does not go far enough. Congressman Jason Evans who proposed the Drone Innovation Act. He said in a statement, “I’m pleased to see the President take this important action today recognizing the significant role that drones have to play in a 21st century economy. As this technology continues to grow and develop, we have to work to successfully incorporate drone use while keeping in mind the specific needs of each of our local communities. That’s exactly what my Drone Innovation Act does. While this pilot program recognizes some of the principles I’ve advocated for, unfortunately, it doesn’t go far enough in protecting local control and the rights to privacy and property. As we move forward, the next step is to ensure that our communities cannot only help expand the beneficial uses of drones, but that they also have the ability to take effective action when it comes to putting in place reasonable limitations on public use. I look forward to continuing to work alongside the White House and Secretary Chao to see that these foundational principles and rights are upheld.”
  • It appears many in the drone community are very angry at this. Just skim the Facebook groups to see. Many have vocalized that they feel betrayed that advocacy groups are not representing the majority but the large companies paying the advocacy groups.

FAQs from the DOT:

Q: What’s the purpose of this program?
A: The purpose of the program is to explore ways to safely expand cutting-edge drone operations into the National Airspace by pairing state, local, and tribal governments with unmanned aircraft operators.

Q: How does this initiative differ from existing programs?
A: This program takes collaboration to a new level by enabling local, state, or tribal governments to determine what kind of activities will occur in their jurisdictions during the period of the pilot program and subject to FAA safety oversight. It also gives a wider range of private operators and localities the chance to propose solutions to the most difficult integration challenges.

Q: Who can participate?
A: The Presidential Memorandum envisions that state, local and tribal governments, or combinations thereof, could participate by forming partnerships with other public and private sector partners.  The Department will announce additional details in the coming days.

Q: Can law enforcement agencies participate?
A: Yes, the Presidential Memorandum envisions participation by law enforcement, which are key players in unmanned aircraft security issues.

Q: Can the purpose of a partnership be to impose restrictions on UAS use?
A: The Presidential Memorandum envisions that partnerships could give local officials an opportunity to help to manage local operations subject to FAA safety oversight.  The Department will announce additional details in the coming days.

Q: Is there a time limit on the program?
A: The program will run for three years.

Q: Does that mean the kind of activities that are expected to be part of the program – operations over people, package delivery, beyond visual line of sight operations – won’t be routinely allowed for at least three years?
A: Absolutely not! The timetable for allowing any kind of operation is not tied to the lifecycle of this pilot program. The FAA allows new types of operations when it determines they can be conducted safely and subject to existing authority provided by Congress. If the FAA determines a type of operation that’s being evaluated as part of the pilot program could be conducted safely and routinely, the FAA could authorize that operation before the program ends.

Q: Let’s say a partnership is allowed to conduct operations, such as flights over people, which are not currently allowed without a waiver. Will that partnership be able to continue conducting these operations once the program ends if those operations are still not routinely allowed elsewhere?
A: No, not without further coordination with the FAA. This program will explore advanced operations and new models of cooperation with local governments for a period of three years, with the goal of enabling advanced operations on a long term basis through rulemakings.

Q: How many applications will be accepted?
A: As directed by the Presidential Memorandum, the DOT will select at least five partnerships.

Q: What are the new restrictions under the program and who will decide these parameters?
A: Safety rules will be developed on a case-by-case basis and will depend on the type of planned operation. The FAA will review all proposals to ensure they meet the highest safety standards.

Q: Will private companies, such as Amazon, be free to operate drones over populated or sensitive areas?
A: The Department will address this issue in its guidance to be released in the coming days.

Q: What are low-altitude operations?
A: Low-altitude operations are operations that take place below 200 feet and in certain cases up to 400 feet Above Ground Level (AGL).

Q: What does ‘beyond visual line of sight’ mean?
A: Beyond visual line of sight operations are operations that take place beyond the pilot’s line of sight. In other words, the pilot cannot see the aircraft with his or her naked eye.

Q: What if I want to participate but can’t find a partner?
A: The Department will describe the process for forming partnerships in the coming days.

Q: How much federal money will be spent on the program?
A: The Department will address this question in its guidance, to be released in the coming days.

Q: What Information must the application include?
A: The Department will address this question in its guidance, to be released in the coming days.

Q: What criteria will be used to evaluate the applications?
A: The Department will address this question in its guidance, to be released in the coming days.

Q. Does the pilot program include security and privacy considerations?
A. Yes, as noted in the Presidential Memorandum, it absolutely will. In implementing the pilot program, DOT will coordinate with the Departments of Defense and Homeland Security and the Attorney General to test counter-UAS capabilities, as well as platform and system-wide cybersecurity, as appropriate and consistent with U.S. law.

 

Actual Text of the Executive Memo

MEMORANDUM FOR THE SECRETARY OF TRANSPORTATION

SUBJECT:        Unmanned Aircraft Systems Integration Pilot Program

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

     Section 1.  Policy.  It shall be the policy of the United States to promote the safe operation of unmanned aircraft systems (UAS) and enable the development of UAS technologies for use in agriculture, commerce, emergency management, human transportation, and other sectors.  Compared to manned aircraft, UAS provide novel, low‑cost capabilities for both public and private applications.  UAS present opportunities to enhance the safety of the American public, increase the efficiency and productivity of American industry, and create tens of thousands of new American jobs.

     The private sector has rapidly advanced UAS capabilities to address the needs of recreational, commercial, and public users.  To promote continued technological innovation and to ensure the global leadership of the United States in this emerging industry, the regulatory framework for UAS operations must be sufficiently flexible to keep pace with the advancement of UAS technology, while balancing the vital Federal roles in protecting privacy and civil liberties; mitigating risks to national security and homeland security; and protecting the safety of the American public, critical infrastructure, and the Nation’s airspace.  Well-coordinated integration of UAS into the national airspace system (NAS) alongside manned aircraft will increase the safety of the NAS and enable the authorization of more complex UAS operations.

     The Federal Aviation Administration (FAA) has taken steps to integrate UAS into the NAS at specific test sites and has issued operational requirements for small UAS operations in the NAS.  Further integration will require continued private-sector cooperation and the involvement of State, local, and tribal governments in Federal efforts to develop and enforce regulations on UAS operations in their jurisdictions.  Input from State, local, tribal, and private-sector stakeholders will be necessary to craft an optimal strategy for the national management of UAS operations.  A coordinated effort between the private sector and among these governments will provide certainty and stability to UAS owners and operators, maximize the benefits of UAS technologies for the public, and mitigate risks to public safety and security.

     Sec2.  UAS Integration Pilot Program.  (a)  Within 90 days of the date of this memorandum, the Secretary of Transportation (Secretary), in consultation with the Administrator of the FAA (Administrator), shall establish a UAS Integration Pilot Program (Program) to test the further integration of UAS into the NAS in a select number of State, local, and tribal jurisdictions.

     (b)  The objectives of the Program shall be to:

(i)    test and evaluate various models of State, local, and tribal government involvement in the development and enforcement of Federal regulations for UAS operations;

(ii)   encourage UAS owners and operators to develop and safely test new and innovative UAS concepts of operations; and

(iii)  inform the development of future Federal guidelines and regulatory decisions on UAS operations nationwide.

     Sec3.  Implementation.  (a)  To implement the Program, the Secretary or the Administrator, as appropriate, shall:

(i)    solicit proposals from State, local, and tribal governments to test within their jurisdictions the integration of civil and public UAS operations into the NAS below 200 feet above ground level, or up to 400 feet above ground level if the Secretary determines that such an adjustment would be appropriate;

(ii)   select proposals by State, local, and tribal governments for participation in the Program according to the criteria listed in subsection (b) of this section;

(iii)  enter into agreements with the selected governments to establish the terms of their involvement in UAS operations within their jurisdictions, including their support for Federal enforcement responsibilities; describe the proposed UAS operations to be conducted; and identify the entities that will conduct such operations, including, if applicable, the governments themselves; and

(iv)   as necessary, use existing authorities to grant exceptions, exemptions, authorizations, and waivers from FAA regulations to the entities identified in the agreements described in subsection (iii) of this section, including through the issuance of waivers under 14 CFR Part 107 and Certificates of Waiver or Authorization under section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) (Public Law 112‑95).

     (b)  In selecting proposals for participation in the Program under subsection (a) of this section, the Secretary shall consider:

(i)     overall economic, geographic, and climatic diversity of the selected jurisdictions;

(ii)    overall diversity of the proposed models of government involvement;

(iii)   overall diversity of the UAS operations to be conducted;

(iv)    the location of critical infrastructure;

(v)     the involvement of commercial entities in the proposal, and their ability to advance objectives that may serve the public interest as a result of further integration of UAS into the NAS;

(vi)    the involvement of affected communities in, and their support for, participating in the Program;

(vii)   the commitment of the governments and UAS operators involved in the proposal to comply with requirements related to national defense, homeland security, and public safety, and to address competition, privacy, and civil liberties concerns; and

(viii)  the commitment of the governments and UAS operators involved in the proposal to achieve the following policy objectives:

(A)  promoting innovation and economic development;

(B)  enhancing transportation safety;

(C)  enhancing workplace safety;

(D)  improving emergency response and search and rescue functions; and

(E)  using radio spectrum efficiently and competitively.

     (c)  Within 180 days of the establishment of the Program, the Secretary shall enter into agreements with State, local, or tribal governments to participate in the Program, with the goal of entering into at least 5 such agreements by that time.

     (d)  In carrying out subsection (c) of this section, the Secretary shall select State, local, or tribal governments that plan to begin integration of UAS into the NAS in their jurisdictions within 90 days after the date on which the agreement is established.

     (e)  The Secretary shall consider new proposals for participation in the Program up to 1 year before the Program is scheduled to terminate.

     (f)  The Secretary shall apply best practices from existing FAA test sites, waivers granted under 14 CFR Part 107, exemptions granted under section 333 of the FMRA, the FAA Focus Area Pathfinder Program, and any other relevant programs in order to expedite the consideration of exceptions, exemptions, authorizations, and waivers from FAA regulations to be granted under the Program, as described in subsection (a)(iv) of this section.

     (g)  The Secretary shall address any non‑compliance with the terms of exceptions, exemptions, authorizations, waivers granted, or agreements made with UAS users or participating jurisdictions in a timely and appropriate manner, including by revoking or modifying the relevant terms.

     Sec4.  Coordination.  (a)  The Administrator, in coordination with the Administrator of the National Aeronautics and Space Administration, shall apply relevant information collected during the Program and preliminary findings to inform the development of the UAS Traffic Management System under section 2208 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114-190).

     (b)  The Secretary, in coordination with the Secretaries of Defense and Homeland Security and the Attorney General, shall take necessary and appropriate steps to:

(i)   mitigate risks to public safety and homeland and national security when selecting proposals and implementing the Program; and

(ii)  monitor compliance with relevant laws and regulations to ensure that Program activities do not interfere with national defense, homeland security, or law enforcement operations and missions.

     (c)  The heads of executive departments and agencies with relevant law enforcement responsibilities (Federal law enforcement agencies), including the Attorney General and the Secretary of Homeland Security, shall develop and implement best practices to enforce the laws and regulations governing UAS operations conducted under the Program.

     (d)  In carrying out the responsibilities set forth in subsection (c) of this section, the heads of Federal law enforcement agencies shall coordinate with the Secretaries of Defense and Transportation, as well as with the relevant State, local, or tribal law enforcement agencies.

     (e)  In implementing the Program, the Secretary shall coordinate with the Secretaries of Defense and Homeland Security and the Attorney General to test counter‑UAS capabilities, as well as platform and system-wide cybersecurity, to the extent appropriate and consistent with law.

     Sec5.  Evaluation and Termination of UAS Integration Pilot Program.  (a)  The Program shall terminate 3 years from the date of this memorandum, unless extended by the Secretary.

     (b)  Before and after the termination of the Program, the Secretary shall use the information and experience yielded by the Program to inform the development of regulations, initiatives, and plans to enable safer and more complex UAS operations, and shall, as appropriate, share information with the Secretaries of Defense and Homeland Security, the Attorney General, and the heads of other executive departments and agencies.

     (c)  After the date of this memorandum and until the Program is terminated, the Secretary, in consultation with the Secretaries of Defense and Homeland Security and the Attorney General, shall submit an annual report to the President setting forth the Secretary’s interim findings and conclusions concerning the Program.  Not later than 90 days after the Program is terminated, the Secretary shall submit a final report to the President setting forth the Secretary’s findings and conclusions concerning the Program.

     Sec6.  Definitions.  As used in this memorandum, the next stated terms, in singular and plural, are defined as follows: (a)  The term “unmanned aircraft system” has the meaning given that term in section 331 of the FMRA.

     (b)  The term “public unmanned aircraft system” has the meaning given that term in section 331 of the FMRA.

     (c)  The term “civil unmanned aircraft system” means an unmanned aircraft system that meets the qualifications and conditions required for operation of a civil aircraft, as defined in 49 U.S.C. 40102.

     Sec7.  General Provisions.  (a)  Nothing in this memorandum shall be construed to impair or otherwise affect:

(i)    the authority granted by law to an executive department or agency, or the head thereof;

(ii)   the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or

(iii)  the conduct of public aircraft operations, as defined in 49 U.S.C. 40102(a)(41) and 40125, by executive departments and agencies, consistent with applicable Federal law.

     (b)  This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

     (c)  This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

     (d)  The Secretary is authorized and directed to publish this memorandum in the Federal Register.

 

White House’s Fact Sheet on the Pilot Program

 

THE WHITE HOUSE

Office of the Press Secretary

FOR IMMEDIATE RELEASE

October 25, 2017

PRESIDENT DONALD J. TRUMP IS MAKING AMERICAN AVIATION GREAT AGAIN

“Our Nation will move faster, fly higher, and soar proudly toward the next great chapter of American aviation.” – President Donald J. Trump

 

BRINGING AMERICAN AVIATION INTO THE 21ST CENTURY: President Donald J. Trump and his Administration are creating a new drone Integration Pilot Program that will accelerate drone integration into the national airspace system.

  • With the increase in the number of Unmanned Aircraft Systems (UAS), commonly called drones, America’s aviation pioneers need a regulatory framework that encourages innovation while ensuring airspace safety.
  • America’s regulatory framework for aviation is outdated, limiting the integration of drones into the national airspace system and driving American technology companies to seek commercial testing and deployment opportunities overseas.
  • Under this pilot program, the Department of Transportation (DOT) will enter into agreements with State, local, and tribal governments to establish innovation zones for testing complex UAS operations and to attempt different models for integrating drones into local airspace.

o   Using existing Federal authorities, the program will accelerate testing of currently restricted UAS operations – such as beyond-visual-line-of-sight flights and flights over people.

o   This program will open the skies for the delivery of life-saving medicines and commercial packages, inspections of critical infrastructure, support for emergency management operations, and surveys of crops for precision agriculture applications.

o   The pilot program will also allow testing of new UAS traffic management systems and detection and tracking capabilities, which are needed to fully integrate UAS operations into the national airspace system.

o   The pilot program will increase the number and complexity of UAS operations across the Nation, and will help in the development of a future national aviation regulatory framework that can fuel American leadership in unmanned aviation.

o   Jurisdictions eager to participate in the program are strongly encouraged to work closely with industry partners and technical experts to draft proposals for participation.

THE NEXT GENERATION OF AMERICAN AERONAUTICS: Drones are a critical, fast-growing part of American aviation, increasing efficiency, productivity, and jobs.

  • UAS, commonly called drones, present opportunities to enhance the safety of the American public, increase the efficiency and productivity of American industry, and create tens of thousands of new American jobs.
  • The dramatic increase in UAS deployment in the United States is unprecedented.

o   Over one million UAS owners have registered with the Federal Aviation Administration (FAA).

o   The number of commercial UAS are projected to increase fivefold by 2021.

  • The FAA UAS Integration Office is coordinating Federal efforts to integrate UAS into the national airspace system
  • Through its “Know Before You Fly” educational campaign, the FAA has developed relationships with almost 150 partners, including drone manufacturers, law enforcement agencies, retailers, labor organizations, and institutions of higher education.

 

Actual Text of Plan from the Federal Register Announcement

4910-13

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Unmanned Aircraft Systems Integration Pilot Program – Announcement of Establishment of Program and Request for Applications

AGENCY: Federal Aviation Administration (FAA). Department of Transportation (DOT).

ACTION: Notice of the Establishment of the Unmanned Aircraft Systems (UAS) Integration

Pilot Program and Request for Applications.

SUMMARY: Through the FAA, the DOT announces a new pilot program that encourages

State, local, and tribal governments, in partnership with UAS operators and other private sector

Stakeholders, to conduct advanced operations safely and with public support affected

communities. State, local, and tribal governments, and any partnered stakeholders, with

guidance from the FAA, will propose and define these operational concepts and determine how

to manage them at the local level under the safety oversight role of the FAA. All organizations

interested in applying or participating must follow the procedures set forth in the agency’s

Screening Information Request (SIR), which is described later in this document,

DATES: Interested State, local, or tribal governments must declare an intent to participate in the

Program no later than INSERT DATE 20 DAYS AFTER PUBLICATION in the FEDERAL

REGISTER).

ADDRESSES: Interested governments may request FAA/UAS Program Portal (Portal) access

via email to 9-AWA-UASIPP(afaa.gov as detailed in the SIR (SIRDTFAWA-18-R-00001)

available at http://faaco.faa.gov.

FOR FURTHER INFORMATION, CONTACT: For general Program questions, Mr. Earl

Lawrence, Director, Unmanned Aircraft Systems Integration Office, 490 L’Enfant Plaza SW,

Suite 7225, Washington, DC 20024, telephone (844) 359-6982, email 9-AWA

UASIPP(a)faa.gov; or, for solicitation questions, Mr. Gavin Byrne, Manager, AAQ-220,

Automation Contracts Branch, Federal Aviation Administration, 800 Independence Avenue SW, Washington, D.C. 20591, telephone (844) 359-6982, email 9-AWA-UASIPP(afaa.gov.

SUPPLEMENTARY INFORMATION:

  1. Background

Purpose and Objectives

The DOT announces a new pilot program that will accelerate existing UAS integration

plans by working to solve technical, regulatory, and policy challenges, while enabling advanced

UAS operations in Select areas subject to ongoing safety oversight and cooperation between the

Federal government and applicable State, local, or tribal jurisdictions. In a memorandum dated

October 25, 2017, the President declared that it is the policy of the United States to promote

the safe operation of UAS and enable the development of UAS technologies and their use in

agriculture, commerce, emergency management, human transportation, and other sectors. The

President directed the Secretary to establish a pilot program under which State, local, and tribal

governments can submit proposals to the Secretary to test and evaluate the integration of civil

and public UAS operations into the low-altitude NAS. The Program announced in this document

implements this national policy under the FAA’s general authority to develop plans and policy

for the use of the navigable airspace. 49 U.S.C. S 40103(b).

Consistent with the Presidential Memorandum, the DOT has established four objectives

for the Program: 1) to accelerate the safe integration of UAS into the NAS by testing and

validating new concepts of beyond visual line of sight operations in a controlled environment,

A link to the Presidential Memorandum can be found on the FAA’s website 

focusing on detect and avoid technologies, command and control links, navigation, weather and

human factors; 2) to address ongoing concerns regarding the potential Security and safety risks

asSociated with UAS operating in close proximity to human beings and critical infrastructure by

ensuring that operators communicate more effectively with Federal, State, local, and tribal law

enforcement to enable law enforcement to determine if a UAS operation poses such a risk,

3) to promote innovation in and development of the United States unmanned aviation industry,

especially in sectors such as agriculture, emergency management, inspection services, and

transportation safety, in which there are significant public benefits to be gained from the

deployment of UAS; and 4) to identify the most effective models of balancing local and national

interests in UAS integration.

We are looking for visionary participants to demonstrate effective ways to meet these

Program objectives, which will help the DOT to achieve the broader national policy objective of

full UAS integration and United States leadership in unmanned aviation and automated

technology. Never losing sight that safety is our highest priority, we expect this program to

provide valuable data to assist us in enabling the UAS industry to thrive and safely share the

airspace.

Specifically, the Program will forge deep working relationships between the private

sector and State, local, and tribal governments to conduct a variety of advanced operational

testing under controlled criteria managed at a local level with FAA oversight. Applicants are

expected to demonstrate advances in technological capabilities or operational concepts and

means of communication with the public and law enforcement agencies. By ensuring safety

through appropriate mitigations, the FAA intends to evaluate and approve advanced operations

beyond those currently permitted today. The FAA will use the data provided by the Program to

advance the overall state of the industry, including the development of enabling regulations that

will increase other types of routine drone operations, such as: 1) beyond line-of-sight flights

e.g., for pipeline inspections in remote areas and search and rescue operations; 2) operations over

human beings – such as newsgathering or public safety; and 3) package delivery, including the

delivery of consumer goods and medical supplies. The operational experience gained through

these partnerships will be used to enable the FAA to more quickly authorize operations that

currently require special permission and will inform future policy development to help expand

this burgeoning industry. The Program has a number of short- and long-term benefits for the

participants, the DOT, and the public. Activities under the Program will:

  • accelerate the use and standardization of low-altitude UAS operations;
  • provide immediate opportunities to accelerate commercial-use concepts of operations such as: commerce, photography, emergency management, agricultural support, infrastructure inspections, package delivery, and others;
  • identify and help resolve operational barriers to expanded UAS operations; and
  • foster community participation to provoke meaningful dialogue on balancing local and national interests in UAS integration.

The DOT will use the data collected and experience gained over the course of this Program to:

  • identify and resolve technical challenges to UAS integration;
  • address airspace use to safely and efficiently integrate all aircraft;
  • inform operational standards and procedures to improve safety (e.g., detect and avoid capabilities, navigation and altitude performance, and command and control link);
  • inform FAA standards that reduce the need for waivers (e.g., for operations over human beings, night operations, and beyond visual line of sight (BVLOS)); and
  • address competing interests regarding UAS operational expansion, safety, security, roles and responsibilities of non-federal government entities, and privacy issues.

Program Overview

Any State, local, or tribal jurisdiction (as the Lead Applicant) is eligible to apply to

participate in the Program. The jurisdiction may partner with one or more private sector

Stakeholders or other government agencies (such as law enforcement) to assist in carrying out its

obligations under this Program. The success of the Program will depend on the mutually

beneficial partnerships between UAS operators, including private sector operators, and the local

jurisdictions where the projects will take place. Any project partnerships must be established

prior to the Lead Applicant’s completing its application.

The first step will be for interested State, local, or tribal governments to submit a notice

of intent to participate. Private sector stakeholders that are interested in participating, as well S

jurisdictions that have not identified a program partner, may submit a request to be added to an

Interested Parties list which the FAA will publish on its website at faaco.faa.gov. Interested

parties can use this list to help identify suitable partners. All jurisdictions that submit a notice of

intent will receive an invitation to apply, but no jurisdiction may submit an application for

participation without first submitting a notice of intent.

The DOT will evaluate all applications received in accordance with the SIR and select a

minimum of five for participation. Once an application is selected, the Lead Applicant will enter

into a Memorandum of Agreement (MOA) with the FAA. The MOA will establish the

responsibilities of the parties, describe the concept of operations to be undertaken, establish any

data sharing requirements, and assure that no Federal funds are available for Program

participation. The MOAS will expire at the end of the Program unless the FAA terminates or

extends them.

Examples of possible Program proposals:

  • An agricultural State and several of its municipalities desiring to explore with stakeholders how UAS could be used to assist farmers in reducing costs (e.g., checking crops for insects or disease, counting spring calves, or checking fences for damage without having to walk or drive along them – cost reductions would be identified in advance and measured).
  • A State partnering with a UAS operator seeking to take advantage of the public benefits of, and the cost savings associated with, utilizing UAS for bridge inspections.
  • A city working with a UAS operator to tap the novel capabilities of UAS to support critical government activities in emergency management planning and response, and also limiting UAS operations within designated altitudes within airspace over the jurisdiction and specifying maximum speed of flight over specified areas. To facilitate development and innovation of commercial UAS within the community, a city partnering with stakeholders to establish a dedicated drone port or an asset in drone technology research designed to attract business.
  • A county or multi-county industrial development authority wishing to position itself as a national destination for the development of a drone-operator
  • Workforce to support the emerging drone industry in the United States.
  • A municipality interested in utilizing UAS for local emergency management, disaster response, or law enforcement operations.
  • A city or county working with a UAS manufacturer and or a hard goods retailer to develop and test operational concepts for the delivery of goods via UAS to businesses and homes under various scenarios and conditions.

These examples are just a sampling of possible opportunities under this Program. The

fundamental purpose of this Program is to provide an opportunity for stakeholders to identify and

propose a broad spectrum of innovative and beneficial concepts of operations, and models of

local management, for UAS operations subject to FAA oversight. Accordingly, we look to Lead

Applicants to Submit applications showing us how their innovative technological and operational

use cases can push the boundaries of what is possible today.

How to Apply

Notice of Intent. Any State, local, or tribal government seeking to participate in the

Program must submit a notice of intent INSERT DATE 20 DAYS AFTER DATE OF

PUBLICATION in the FEDERAL REGISTER) to apply. Eligible jurisdictions include State,

local, or tribal transit agencies, port authorities, metropolitan planning organizations (MPOs),

police departments, other political subdivisions of State or local governments, and multi-State or

multi-jurisdictional groups applying through a single point of contact. The DOT encourages

prospective applicants to work closely with all relevant State and local law enforcement agencies

that would serve in the identified project areas and consider including them as project partners.

Prospective applicants may submit a notice of intent before establishing a project

partnership. The DOT encourages jurisdictions to submit a notice of intent even if they are unsure

of their commitment to participate because there are no penalties for this submission.

Jurisdictions and private sector stakeholders also may submit a request to be added to an

Interested Parties list. The FAA will publish this list on its website at faaco.faa.gov to facilitate

the formation of partnerships between jurisdictions and private sector stakeholders. To provide

the widest opportunity for participation in this Program, the DOT encourages jurisdictions and

private Sector stakeholders to submit a notice of interest as early as possible even if the entity is

uncertain of its desire to participate.

Prospective applicants must submit a notice of intent by INSERT DATE 20 DAYS

AFTER DATE OF PUBLICATION in the FEDERAL REGISTER to be considered in this

round of applications. The DOT has established a short deadline for notices of intent in view of

the short timeframes in the Presidential Memorandum to begin integration of UAS under this

Program. Instructions for this submission, which is a formatted email, are included in the SIR

(SIRDTFAWA-18-R-00001) available at http://faaco.faa.gov. The DOT will not consider an

application in this round unless the Lead Applicant has submitted a notice of intent within the

applicable timeframe; however, the DOT will offer an opportunity for jurisdictions to submit

notices of intent in a Subsequent round as resources allow.

The DOT will invite each eligible applicant that submitted a notice of intent to submit an

application to participate through the FAA/UAS Program Portal (with a username and

password). Any project partnerships must be formalized and documented before an application

is finalized and submitted to the FAA.

Application Submission. As detailed in the SIR, the FAA/UAS Program Portal will be

open for submissions through INSERT DATE 57 DAYS AFTER DATE OF PUBLICATION in

the FEDERAL REGISTER). An application would include, for example, the following

information:

  1. identification of the airspace to be used, including shape files and altitudes;
  2. description of the types of planned operations;
  3. identification of stakeholder partners to test and evaluate planned operations;
  4. identification of available infrastructure to support planned operations;
  5. description of experience with UAS operations and regulations;
  6. description of existing UAS operator and any other stakeholder partnerships and

experience;

  1. description of plans to address safety, security, competition, privacy concerns and

community outreach,

The applicant may request reasonable time, place and manner limitations on low-altitude

UAS operations within its jurisdiction to facilitate the proposed development and testing of new and

innovative UAS concepts of operations in addition to other selection criteria. The FAA will

require jurisdictions to ensure that any time, place and manner limitations, [Footnote 2] including those

adopted through means such as legislation or regulation, include self-implementing provisions

that automatically terminate those restrictions upon the termination of the MOA. Monitoring and

enforcement of any limitations enacted pursuant to this pilot project would be the responsibility

of the jurisdiction, but the FAA retains the authority to enforce Federal law.

The DOT may select among complete applications on a rolling basis and may exclude

from consideration any incomplete applications. Once a proposal is selected, within five days,

the Lead Applicant must be prepared to enter into a MOA with the FAA governing the terms of

its participation in the Program. After the first five applicants have entered into MOAS, the DOT

will continue to evaluate proposals as resources permit.

Selection Criteria

In making determinations, the DOT will evaluate whether applications meet or exceed

the following criteria contained in the Presidential Memorandum:

  1. overall economic, geographic, and climatic diversity of the selected jurisdictions;
  2. overall diversity of the proposed models of government involvement;
  3. overall diversity of the UAS operations to be conducted;
  4. the location of critical infrastructure;
  5. the involvement of commercial entities in the proposal and their ability to advance objectives that may serve the public interest as a result of further integration of UAS into the NAS;
  6. the involvement of affected communities in, and their support for, participating in the Program;
  7. the commitment of the governments and UAS operators involved in the proposal to comply with requirements related to national defense, homeland Security, and public safety and to address competition, privacy and civil liberties concerns; and
  8. the commitment of the governments and UAS operators involved in the proposal to achieve the following policy objectives: 
    • promoting innovation and economic development;
    • enhancing transportation safety;
    • enhancing workplace safety;
    • improving emergency response and search and rescue functions; and
    • using radio spectrum efficiently and competitively.

Lead Applicants are encouraged to identify which of the above criteria and agency objectives

they meet and how.

III. Memorandum of Agreement

Once selected, a Lead Applicant would become a Lead Participant. Lead Participants

would be required to enter into a Memorandum of Agreement (MOA) pursuant to the FAA’s

authority under 49 U.S.C. 106(1)(6). The MOA would establish the terms of participation in the

Program and would identify the respective rights and responsibilities of both the FAA and the

Lead Participant. A sample MOA can be found at faaco.faa.gov. The FAA expects to negotiate

MOAS tailored to the specifics of each Lead Participant’s proposal.

The Lead Participant will establish a process to meaningfully and effectively notify the

local community about and garner its support for the proposed operations and any related limitations on UAS operations within the local airspace. The Lead Participant will, at a

minimum, place this information on a publicly accessible website, which will be referenced on

the FAA website at www.faa.gov.

Lead Participants will engage in periodic exchanges with the FAA relating to the

purposes of the project, including discussing and sharing the results of and experiences with the

expanded UAS capability. Lead Participants will adhere to privacy policies specified in the

MOA. Each Lead Participant will bear its own costs; no Federal Government funds will be

provided through the MOA.

Upon signing, the MOA will not include the transfer of any authority for airspace

management or access. However, a purpose of the Program is to explore concepts for shared

Federal/State/local management of the NAS. Any approval of airspace use will be handled in

accordance with existing procedures.

The Lead Participant will share data with the FAA resulting from its development and

testing of the concepts of operations consistent with the terms of the MOA. Such data

will enable the FAA to study the effects of UAS integration into the NAS. In the case

where the Lead Participant has established a time, place, or manner limitation on low-altitude

UAS operations, data collected would support the FAA’s efforts to assess the relative effectiveness of

various technologies and operational aspects of the safe integration of UAS into the NAS, as well

as the economic benefits provided by the UAS operations.

The FAA will provide a means for the Lead Participant and stakeholder partners to

Submit confidential or proprietary data concerning their operations. However, any operational

data and general experience obtained through the partnerships will be available to the public.

The FAA may terminate the MOA for any reason. The Lead Participant may terminate

the MOA, subject to meaningful and effective notice to the affected community or population.

Issued in Washington, D.C. on November 1, 2017.

 

Daniel K. Elwell Deputy Administrator

 

2 Examples of reasonable time limitations may include prohibiting flight during specified morning and evening rush hours or only permitting flight during specified hours such as daylight hours, sufficient to ensure reasonable airspace access. Reasonable place limitations may include designated take-off and landing zones, limiting operations over moving locations or fixed site public road and parks, sidewalks or private property based on zoning density, or other land use considerations. Reasonable manner limitations may include requiring notice to public safety or zoning/land use authorities prior to operating, limiting UAS operations within designated altitudes within airspace over the jurisdiction; specifying maximum speed of flight over specified areas; prohibiting operations, in connection with community or sporting events that do not remain in one place (e.g., parades, running events); or mandating equipage.

FAA Detailed Instructions on How to Submit

 

Note: The detailed instructions and sample memorandum are both below.

1 PROJECT TITLE
Unmanned Aircraft Systems Integration Pilot Program Participant Selection

2 SCREENING INFORMATION REQUEST (SIR) NO.
DTFAWA-18-R-00001

3 AGREEMENT TYPE
Memorandum of Agreement (MOA)

4 ACQUISITION MANAGEMENT SYSTEM (AMS)
This SIR makes reference to the AMS; however, as the source selection decision will be made by the Office of the Secretary of the Department of Transportation, the FAA is using the AMS for guidance. Lead Participants in the Program would be required to enter into a MOA with the FAA under the agency’s Other Transactional Authority (OTA)1. The Contracting Officer (CO) is signature authority for executing MOAs. The MOA establishes the responsibilities of the FAA and the Lead Participant. The AMS establishes policy and guidance for all aspects of lifecycle acquisition management for the FAA. Lead Applicants2 may obtain information on the AMS via the Internet at: http://fast.faa.gov/. Some AMS policies are referenced in this document as an established protocol.

5 PERIOD OF PERFORMANCE
Date of issuance through 10/24/2020.

6 FUNDING
No funds are anticipated to be exchanged under the MOAs; however, if the Government and a MOA holder later agree that either party will provide funding, it would be within the scope of the MOA to make such a modification.

7 MILESTONE SCHEDULES

 

Schedule Calendar Days from FRN Publication Due Date1 Time
SIR Issued0TBD
Lead Applicant email of notice of intent: “Declaration of Lead Applicant” for FAA/UAS Portal access+20TBD2:00 P.M. ET
FAA to email Lead Applicant with FAA/UAS Portal access instructions+25TBD2:00 P.M. ET
Lead Applicant questions, concerns, and clarifications submission+27TBD2:00 P.M. ET
FAA response to Lead Applicant questions, concerns, and clarifications+34TBD2:00 P.M. ET
Lead Applicant submission of Volume I – Identification of Lead Applicant+35TBD2:00 P.M. ET
Lead Applicant submission of Volume II – Overview of Lead Applicant Solicitation Concept+35TBD2:00 P.M. ET
Lead Applicant submission of Volume III – Airspace and Concept of Operations (CONOPS)+57TBD2:00 P.M. ET
Lead Applicant submission of Volume IV – Key Considerations+57TBD2:00 P.M. ET
Lead Applicant submission of Volume V – Team Members and Past Performance+57TBD2:00 P.M. ET
Lead Applicant submission of Volume VI – Infrastructure+57TBD2:00 P.M. ET
1 An Amendment to the SIR with the specific Due Dates will be posted on FAACO.faa.gov once the FRN is published. In the event that the Due Date falls on a weekend or holiday; the Due Date will be the next business day.

8 BACKGROUND
The Presidential Memorandum for the Secretary of Transportation (Presidential Memorandum) (Section 22 ATTACHMENT A: PRESIDENTIAL MEMORANDUM FOR THE SECRETARY OF TRANSPORTATION) and the associated Federal Register Notice (FRN) define the objectives of the Unmanned Aircraft Systems Integration Pilot Program (Program). The Program is expected to provide immediate opportunities for new and expanded commercial UAS operations, foster a meaningful dialogue on the balance between local and national interests related to UAS integration, and provide actionable information to the Department of Transportation (DOT) on expanded and universal integration of UAS into the national airspace system (NAS).

The purpose of the Program is to foster mutually beneficial partnerships with government, UAS operators, and other stakeholders to accelerate the safe integration of UAS into the NAS. Information and data gained through these partnerships will be used to enable the FAA to more rapidly authorize operations that currently require special permission and will inform future policy development to help expand this flourishing industry. To facilitate the development of these partnerships, and to foster a robust array of Program objectives, the FAA will accept applications from the state, local, and tribal governments (this includes U.S territories and holdings) and encourages partnerships with UAS operators and other private sector stakeholders. Agreements between the Lead Applicant and each team member must be executed prior to the submission of Volume V. In Volume V – Team Members: Rationale and Past Performance, if the Lead Applicant lists any team members, it must attest that it has a partnering agreement with each team member.
In keeping with the Presidential Memorandum, the Secretary intends to select the Lead Participants and, as described below, the FAA will enter into at least five (5) Agreements under a MOA.

9 INSTRUCTIONS TO LEAD APPLICANTS
9.1 Introduction

9.1.1 The DOT, in coordination with the FAA, is conducting a selection process to initially authorize and designate at least five (5) FAA/UAS Agreements in accordance with the Presidential Memorandum mandate. After five (5) Agreements have been signed, if resources permit, the FAA will continue to review and process completed applications. The FAA will notify all Lead Applicants of the selection decisions.

9.1.2 Upon the Lead Applicants’ selection by the Secretary, the FAA plans to enter into MOAs with the Lead Participants.

9.1.3 Submissions are presumed to represent an entity’s best efforts to respond to the SIR requirements, including the scope of requirements defined in the draft MOA. Inconsistencies within the entire proposal submission must be fully explained. A significant inconsistency, if unexplained, raises a fundamental question of the Applicant’s understanding of the relevant regulatory and technical environment, as well as the ability to meet and perform the requirements. This may be grounds for rejection of the submission.

9.1.4 Failure to submit any of the information requested by this SIR may render the Lead Applicant ineligible for award, in which case the remainder of the submission will not be reviewed.

9.1.5 A Lead Applicant may submit only one proposal; however, a Lead Applicant may be included as a team member in proposals from one or more other Lead Applicants.

9.2 Interested Parties List
Interested Parties, including Lead Applicants, may email the FAA to put themselves on the Interested Parties List to facilitate the formation of Pilot Program teams. Prospective public and private sector applicants/partners and Lead Applicants may submit a request to be on the Interested Parties List via email by [INSERT DATE 35 DAYS AFTER FRN PUBLICATION]. The Interested Parties List will be made publicly available at https://faaco.faa.gov/index.cfm/announcement/search by [INSERT DATE 5 DAYS AFTER FRN PUBLICATION] and periodically updated.
Email: [email protected]
The email subject should read:
“Interested Party List Request”
To declare your interest, copy and paste the text exactly as it appears below (then complete the information and send your completed email to FAA):
____________________________________________________________
Please add the following to the Interested Party List for the FAA/UAS Integration Pilot Program:
Point of Contact First Name:
Point of Contact Last Name:
Email Address:
Point of Contact Phone Number:
Entity Type (Private sector entity, State, Local, or Tribal Government):
Entity Name:

Website URL (if applicable):
Note: Once an entity requests listing on the Interested Parties List, there will be no opportunity to remove the name from the list.

9.3 SIR Submission Portal and Questions, Concerns, and Clarifications
A State, local or tribal government must request Portal access to declare its intent to be a Lead Applicant. The Lead Applicant’s SIR proposal must be submitted electronically through the Portal.

9.3.1 Request for Portal Access – The Lead Applicant must submit a request for access to the FAA/UAS Integration Program Portal to the Contracting Officer (CO) via email by the designated due date on Table 1: Schedule.
Email: [email protected]
The email subject should read:
“Declaration of Lead Applicant – (insert Lead Applicant Name)”
To declare your intent, copy and paste the text exactly as it appears below (then complete the information and send your completed email to FAA):
Note: A valid unique entity identifier (CAGE code or DUNS number) must be included with the email of intent from the Lead Applicant.
____________________________________________________________
Please establish an FAA/UAS Program Portal Account for:
Name of Lead Applicant (Entity Name):
Entity Type (State, Local, or Tribal government):
CAGE code or DUNS number:
State of Entity (two letter state abbreviation only):
Email Address for All Integration Pilot Program Communications:
Point of Contact First Name:
Point of Contact Last Name:
Point of Contact Phone Number:
_______________________________________________________

9.3.2 If a Lead Applicant does not receive access instructions to the FAA/UAS Program Portal by the designated date shown in Table 1: Schedule, the Lead Applicant must notify the CO via email at:
Email: [email protected]
The email subject should read:
“Portal Account Instructions Not Received – (Lead Applicant Name)”
The body of the email should read as follows:
“This is to notify the FAA that access instructions to the FAA/UAS Program Portal have not been received.
Entity Name:
Contact Name:
Email:
Phone Number:”
The Lead Applicant should attach evidence of the original email including time stamp.

9.3.3 The Lead Applicant is responsible for developing a working knowledge of the FAA/UAS Program Portal prior to submission of any Volumes. This includes all Forms for Volumes II through VI and the Question Submission Form. A modern web browser should be used to access the Portal. The Lead Applicant is strongly advised to verify its browser configurations and functionality early and often, as some browsers may have limitations.

9.3.4 The Program Portal Home Page has the Lead Applicant’s Seven Letter Designator (XXXXXXX) below the “Questions and Concerns” area. This designator is assigned by the FAA and is unique to the Lead Applicant.

9.3.5 On the Program Portal Home Page on the left side, there is an option for “Site Help”. Click on this option, and you will be directed to detailed instructions on the features of and use of the FAA/UAS Program Portal.

9.3.6 If the Lead Applicant is unable to gain access to the FAA/UAS Program Portal the Lead Applicant must notify the CO via email at:
Email: [email protected]
The email subject should read:
“Issue with FAA/UAS Program Portal Access – (insert Lead Applicant Name)”
The body of the email should read as follows:
“This is to notify the FAA of the following issue with respect to the FAA/UAS Program Portal Access by (insert Lead Applicant Name)
Entity Name:
Contact Name:
Email:
Phone Number:”
The Lead Applicant should include a description of the nature of the issue. In the event of a FAA/UAS Program Portal outage, the FAA will notify Lead Applicants via email from either [email protected] or [email protected] with a display name 9-FAA-IT-KSN-Support.

9.3.7 In the event that a Lead Applicant finds one of the features on the FAA/UAS Program Portal is not functioning or there is an outage about which the FAA has not advised the Lead Applicants by email, the Lead Applicant must notify the CO via email at:
Email: [email protected]
The email subject should read:
“Functionality or outage with FAA/UAS Program Portal – (insert Lead Applicant Name)”
The email should read as follows:
“This is to notify the FAA that the FAA/UAS Program Portal is not functioning (specify problem) or is unavailable as of (insert date and time).

Entity Name:
Contact Name:
Email:
Phone Number:”

9.3.8 User activity on the Portal is logged for security purposes. If a Lead Applicant can access or see another entity’s data/files, the Lead Applicant must notify the CO via email at:
Email: [email protected]
The email subject should read:
“Unauthorized access to entity on FAA/UAS Program Portal – (insert Entity Name)”
The email should read as follows:
“This is to notify the FAA that (insert Lead Applicant Name) has a document(s) on its Portal which is not a document(s) originated by the Lead Applicant. The document(s) is located in: (provide location of document on the Program Portal) and the file name is: (provide file name).
In the event that the FAA needs to contact me regarding this email, I can be reached at the following telephone number: (Provide telephone number).”
Note: Accessing, viewing and/or opening the data/files of other entities could result in the Lead Applicant’s proposal being rejected.

9.3.9 All questions from potential Lead Applicants relevant to SIR content must be submitted through the FAA/UAS Program Portal.

9.3.10 The following CO is the designated point of contact for this SIR:
Contracting Officer (CO)
FAA Headquarters
Attn: Gavin Byrne, AAQ
800 Independence Avenue
Washington, DC
Phone: (844) 359-6982
Email: [email protected]

9.3.11 Questions, concerns, and clarifications can only be submitted after completion of Volume I – Identification of Lead Applicant Form.

9.3.12 All Lead Applicant’s SIR questions, concerns, and clarifications must be submitted via the FAA/UAS Program Portal Question Submission Form described in Place, Date, Time, and Format for Submission of Proposals.

9.3.13 With regard to questions, the Lead Applicant’s name will only be seen by the DOT and FAA. The FAA intends to make all questions, concerns, and clarifications visible to Lead Applicants (without the author’s identification or any confidential proprietary information) through the FAA/UAS Program Portal. The Lead Applicant should not include identifying information in the question. (In the event that identifying information is in the question, it will be redacted prior to posting on the FAA/UAS Program Portal or the question may not be answered.) The FAA strongly discourages a Lead Applicant from submitting questions of a proprietary nature. The FAA may choose not to answer such questions. However, if answered, questions and associated answers determined by the FAA to be not suitable for public dissemination because they contain confidential, proprietary information submitted by the Lead Applicant that cannot be sufficiently redacted will be viewable only to the Lead Applicant via its discrete website.

9.3.14 Each question submitted to the FAA is assigned a unique identification number. On the Lead Applicant’s and the FAA Public Questions and Answers sites, the numbers will not be sequential because those questions determined to be proprietary will not be contained on the list.

9.3.15 A question is submitted by clicking on the SUBMIT button. That action will take the Lead Applicant back to the prior page. The Lead Applicant should not use the browser arrows to navigate in the FAA/UAS Program Portal.

9.3.16 If a Lead Applicant needs further clarification on a previously submitted question, the Lead Applicant should refer to that question by its identification number and submit the desired clarification. The Lead Applicant must review all previous questions (by others when made publicly available) to ensure that the same question has not already been addressed.

9.3.17 It is the FAA’s intent to respond to all written inquiries via the FAA/UAS Program Portal. Answers will be provided prior to the required submission date for Volume II of the Lead Applicant’s proposal as shown on Table 1: Schedule. To assist the FAA in achieving this goal, each Lead Applicant is encouraged to submit questions as early as possible.

9.3.18 The FAA reserves the right not to answer any question(s) received outside of the timeframes set out on Table 1: Schedule. Furthermore, the proposal due dates will not be extended on the basis of questions received.

9.3.19 The Lead Applicant understands that, in the event that a Lead Applicant withdraws from the selection process or a Volume submission is not made by the designated due date, access to the FAA/UAS Program Portal may be terminated.

9.4 Place, Date, Time, and Format for Submission of Proposals

9.4.1 Questions, concerns, and clarifications relevant to Volumes II through VI must be submitted by the designated due date in Table 1: Schedule via the FAA/UAS Program Portal “My Questions” submission form.

9.4.2 Each question, concern, or clarification must be submitted separately. The Lead Applicant must submit a question using the “SUBMIT” button before closing the “My Questions” form, or the question will not be submitted.

9.4.3 Answers to the questions, concerns, and clarifications relevant to Volumes I through Volume VI will be posted to the FAA/UAS Program Portal “Public Answers”. Questions and their associated answers determined to be proprietary will be viewable only to the Lead Applicant via its discrete website. Answers will be posted by the designated due date in Table 1: Schedule.

9.4.4 All Lead Applicants must submit all Volumes through the Portal using the Forms provided.

9.4.5 Proposals must be submitted in accordance with the schedule established in Table 1: Schedule.

9.4.6 Evaluation of a Lead Applicant’s proposal will begin after final submission by the Lead Applicant of Volumes I-VI.

9.4.7 Prior to 2:00PM ET on the submission dates listed in Table 1: Schedule, Lead Applicants are permitted to edit submissions on the Forms on their discrete Portal; however, at 2:00PM ET on the submission dates, all Lead Applicant Forms for the appropriate Volume(s) will be locked down and become “read only” files.

9.4.8 The FAA will not accept any submission made by email, facsimile, telex, telegraph, or similar devices; nor will paper copies be accepted.

9.4.9 The Lead Applicant must submit all required responses to this SIR on the FAA/UAS Program Portal and complete the designated Forms. Electronic submissions via the FAA/UAS Program Portal will be the only means by which proposals will be accepted by the FAA.

9.4.10 If the CO or his/her designated representative(s) does not receive a proposal (via the Portal) by the specified date and time, it may not be evaluated. Lead Applicants assume full responsibility for ensuring that proposals are submitted no later than the date and time specified in Table 1: Schedule.

9.4.11 Proposals must be complete and conform to the instructions in this SIR; incomplete proposals or those which deviate from the instructions may result in the exclusion of the proposal from further consideration. The FAA reserves the right to waive any requirements, minor irregularities, and/or discrepancies if it would be in the best interest of the Government to do so. General statements that the Lead Applicant understands the requirements of the work to be performed, or simple rephrasing or restating of the FAA’s requirements, will not be considered adequate and will result in lower assessments or may be cause for rejection of the proposal in its entirety.

9.4.12 All proposals will be initially screened for completeness, accuracy, and timeliness. Alternate proposals are not authorized, and the FAA will not evaluate any alternate proposal received.

9.4.13 It is the Lead Applicant’s responsibility to ensure the completeness of the proposal. The evaluation of proposals will solely be conducted on the basis of the information contained in the written proposal. The Government will not assume that a Lead Applicant possesses any capabilities not specified in the written proposal.

9.4.14 It is the Lead Applicant’s responsibility to ensure that required information is provided within the relevant Volumes as the Government requested. The Government will not be responsible for looking elsewhere within the proposal for information required as part of a particular Volume.

9.4.15 For Volumes III, VI, V, and VI submissions, the Portal allows a page count per Table 2: Submission Criteria. The forms on the Portal are set up to use the Arial font at 11 point for the written proposals. Do not alter the font or font size. The FAA equates one page to mean 3,400 characters. Line spacing is single with no additional spacing before or after each paragraph. If additional pages are submitted (beyond the allowable page count) they will not be evaluated.

9.4.16 The MOA must be signed by an official who is legally authorized to negotiate on behalf of the Lead Applicant and who is legally authorized to enter into an Agreement.
9.4.17 Acronyms should be defined in each of the submitted Volume proposals.

9.4.18 The FAA acronym list is provided in Section 22 ATTACHMENT B: SIR ACRONYMS.

9.4.19 Failure to comply with the requirements may result in the Lead Applicant’s proposal being rejected.

9.4.20 The Lead Applicant’s proposal must comply with Table 2: Submission Criteria.

Table 2: Submission Criteria

Volume Description Method of Submission Page Count1 SIR Section Evaluator Rating
I Identification of Lead ApplicantVolume I Form is a link on the FAA/UAS Program Portal and is submitted on the FAA/UAS Program PortalPage count is not applicable – Use Form on the Portal10.1Go / No-Go
II Overview of Lead Applicant Solicitation ConceptVolume II Form is a link on the FAA/UAS Program Portal and is submitted on the FAA/UAS Program PortalPage count is not applicable – Use Form on the Portal
10.2.1Go / No-Go
10.2.1.1Go / No-Go
10.2.1.2Go / No-Go
10.2.1.3Go / No-Go
10.2.1.4Go / No-Go
10.2.1.5Go / No-Go
10.2.1.6Go / No-Go
10.2.1.7Go / No-Go
10.2.1.8Go / No-Go
III Airspace and Concept of OperationsVolume III Form is a link on the FAA/UAS Program Portal and is submitted on the FAA/UAS Program Portal

Note: If the Lead Applicant selected “none” to:

10.2.1.5 there is no required response for 10.3.1 and/or

10.2.17 there is no required response for 10.3.3.

Page count in Volume III is NTE 3 pages overall. The allocation is at the Lead Applicant’s discretion.10.3Excellent

Good

Satisfactory

Not Recommended

IV Key ConsiderationsVolume IV Form is a link on the FAA/UAS Program Portal and is submitted on the FAA/UAS Program Portal
Page count in this section of Volume IV is NTE 0.5 page.10.4.1Acceptable / Unacceptable
Page count in this section of Volume IV is NTE 0.5 page.10.4.2Acceptable / Unacceptable
Page count in this section of Volume IV is NTE 0.5 page.10.4.3Acceptable / Unacceptable
Page count in this section of Volume IV is NTE 0.5 page.10.4.4Acceptable / Unacceptable
V Team Members: Rationale and Past PerformanceThere are two Volume V Forms as links on the FAA/UAS Program Portal: a Form to list Team Members and a Form to discuss the rationale for the Team Member selection and Past Performance of the Lead Applicant and the Team Members. Both Forms are submitted on the FAA/UAS Program PortalPage count in this section of Volume V is NTE 2.0 pages for the discussion of rationale for the Team Member selection and Past Performance of the Lead Applicant and the Team Members.10.5Excellent

Good

Satisfactory

Not Recommended

VI InfrastructureVolume VI Form is a link on the FAA/UAS Program Portal and is submitted on the FAA/UAS Program PortalPage count in this section of Volume VI is NTE 0.5 page.10.6Excellent

Good

Satisfactory

Not Recommended

Note: Relative Ranking of Importance by Volume: Volume III; Volume IV; Volume V and VI. See Table 6: Volume II – Go Evaluation Criteria.
1 3,400 characters constitute a page: Arial font at 11 point; line spacing = single with no additional spacing before or after each paragraph.

Table 3: Evaluator Ratings

Volume Description Evaluator Rating TET Roll Up Structure
I Identification of Lead ApplicantGo / No-GoGo

No-Go (Applicant Ineligible for Award)

II Overview of Lead Applicant Solicitation ConceptGo / No-GoGo

No- Go (Applicant Ineligible for Award)

III Airspace and Concept of OperationsExcellent

Good

Satisfactory

Not Recommended

Evaluator Ratings:

Excellent

Good

Satisfactory

Not Recommended

IV Key ConsiderationsAcceptable / UnacceptableAcceptable

Unacceptable

V Team Members and Past PerformanceExcellent

Good

Satisfactory

Not Recommended

Evaluator Ratings:

Excellent

Good

Satisfactory

Not Recommended

VI InfrastructureExcellent

Good

Satisfactory

Not Recommended

Evaluator Ratings:

Excellent

Good

Satisfactory

Not Recommended

9.5 Communications
The DOT/FAA may enter into Communications with one or more Lead Applicants regarding their submission(s) without entering into Communications with all Lead Applicants. The scope of these Communications may explore, but are not limited to, various topics, options, issues, and/or opportunities that result from this SIR, and are in the best interest of the FAA UAS Pilot Program Selection process.

10 APPLICANT PROPOSAL SUBMISSIONS

10.1 Volume I – Identification of Lead Applicant

10.1.1 Lead Applicants must complete the Volume I – Identification of Lead Applicant Form in its entirety on the FAA/UAS Program Portal.

10.1.1.1 Access to the FAA/UAS Program Portal will be provided by the FAA via an automatically generated email from [email protected] with a display name 9-FAA-IT-KSN-Support to the Lead Applicant by the designated due date. The Lead Applicant must access this site using the temporary password and credentialing provided in the FAA [email protected] email. The Lead Applicant can then gain access to its unique website. The first time the Lead Applicant goes to the Portal, the Volume I – Identification of Lead Applicant Form will appear. The Lead Applicant must fully complete and SUBMIT Volume I at this time. After submission of Volume I the Lead Applicant will have access to all Portal features and be able to submit questions, concerns or clarifications.

10.1.1.2 Federal Agencies may not act as the Lead Applicant.

10.1.1.3 The Lead Applicant must be a government of a state of the United States or a local or tribal government of a jurisdiction therein.

10.1.1.4 The Lead Applicant must complete all information and SUBMIT the form on the first visit to the Portal. IMPORTANT – Volume I information cannot be modified at a later time. Lead Applicants must complete the Volume I – Identification of Lead Applicant Form in its entirety and SUBMIT it.

10.1.1.5 Volume I MOA Attestation – The Lead Applicant must attest to its ability to fully execute the MOA within five (5) days of notification of the FAA’s intent to enter into an Agreement.

10.1.1.6 The Lead Applicant must submit the Form using the SUBMIT button on the bottom right corner of the Form. Clicking on the SUBMIT button will verify that all information has been properly entered into the required fields. If the CLOSE button is used before the SUBMIT button, the information on the Form will not be saved.

10.2 Volume II – Overview of Lead Applicant Solicitation Concept
The Lead Applicant must complete Volume II – Lead Applicant Solicitation Concept Form in its entirety on the FAA/UAS Program Portal. Volume II is a Form submission on the Portal that uses checkbox lists. Specific rationale of the choices selected will be addressed in Volume III.

10.2.1 Volume II Airspace Identification Form – The Lead Applicant must submit at least one (1) airspace and up to five (5) airspaces in this proposal. Using the checkbox lists, each airspace will be identified with its planned use, type of operation(s), supporting technology(s), and industry(s).
Each airspace must be defined using World Geodetic System 84 (WGS-84) standards and saved in Keyhole Markup Language (KML) format.
Note: Airspace access or limitations will not be approved through this selection process.

Note: Although this solicitation limits the submission to five (5) airspaces, the Lead Participant may be authorized to conduct operations in more than five (5) airspaces.

10.2.1.1 Airspace shape files must be accurate and complete and must define a closed polygon shape.

10.2.1.2 Airspace shape files must be within the U.S.

10.2.1.3 Airspace shape files must not overlap existing Special Use Airspace – restricted/prohibited (14 Code of Federal Regulations (CFR) part 73).

10.2.1.4 For each airspace, the Lead Applicant is to select from a checkbox list on the Airspace Identification Form the altitude requirements for the operations it intends to research in each airspace from the following list:0 – < 200’ AGL, 0 – ≤ 400’ AGL, and both.

10.2.1.5 For each airspace, the Lead Applicant is to select from a checkbox list on the Airspace Identification Form the type of restriction(s) it may require to research operations in each airspace from the following list:
TFRs, Alerts/NOTAMs, other, and none.
Note: The Lead Applicant can make multiple selections except when choosing “none.” If “none” is selected for this section; a response in Volume III Section 10.3.1 will not be required.

10.2.1.6 For each airspace, the Lead Applicant is to select from a checkbox list on the Airspace Identification Form the type of operation(s) it intends to research in each airspace from the following list:
Advancing Night Operations, Advancing Operations Over Human Beings, Advancing BVLOS, and other.
Note: The Lead Applicant can make multiple selections.

10.2.1.7 For each airspace, the Lead Applicant is to select from a checkbox list on the Airspace Identification Form the type of technology(s) it intends to research in each airspace from the following list:
Identification (ID) & Tracking, Counter-UAS and Other Security-Related Issues, Cybersecurity, Unmanned Traffic Management, Detect and Avoid, other, and none.
Note: The Lead Applicant can make multiple selections except when choosing “none”. If “none” is selected for this section; a response in Volume III Section 10.3.3 will not be required.

10.2.1.8 For each airspace, the Lead Applicant is to select from a checkbox list on the Airspace Identification Form the type of industry(s) it intends to research in each airspace from the following list:

Agricultural, environmental, energy sector, commerce, communications, governmental applications, fire, law enforcement, public safety, search and rescue, emergency management, infrastructure inspections, transportation safety, insurance, land surveillance, media, package delivery, photography, sensor development, survey, training, UAS detection, and other.
Note: The Lead Applicant can make multiple selections.

10.3 Volume III – Airspace and Concept of Operations (CONOPS)
The Lead Applicant must complete all elements in Volume III in its entirety on the FAA/UAS Program Portal. Volume III is a Form submission on the Portal.
Each Lead Applicant must address the exclusions and/or types of planned operations that will be conducted in each airspace identified in Section 10.2.1

10.3.1 On the designated Form on the FAA/UAS Program Portal for the proposed airspaces as selected in Section10.2.1, the Lead Applicant must address any potential prohibitions (exclusions) to airspace operations and explain the extent of the exclusions in specific airspace areas. The Lead Applicant must also address the type of restriction and operations that may be requested from the following list:
TFRs, Alerts/NOTAMs, other, and none.
Note: If “none” was selected in Volume II Section 10.2.1.5, a response in Volume III Section 10.3.1 will not be required.

10.3.2 On the designated Form on the FAA/UAS Program Portal for the proposed airspaces as selected in Section 10.2.1, the Applicant must address the proposed advanced UAS operation(s) that will be conducted from the following list:
 Advancing Night Operations for example, through the identification and utilization of mitigations to increase UAS visibility and to detect and avoid other aircraft and obstacles in the air and on the ground.
 Advancing Operations Over Human Beings for example, by implementing technical or operational mitigations to safely conduct Operations Over Human Beings. Identifying and implementing mitigations to reduce the potential of harm to non-participants from impacts, and other strategies to reduce or eliminate potential to impact people on the ground.
 Advancing BVLOS operations for example, by solving the following challenges:

a. Detect and Avoid: Identifying scalable solutions that would include technology to permit the UAS to detect other aircraft and objects, assess the threat of collision with cooperative and uncooperative aircraft, and maneuver to result in a minimum vertical or horizontal aircraft separation.
b. Command and Control Link: Identify, test, and utilize highly reliable scalable link(s) that minimize cyber security threats and maximize ability to control UAS inflight. Testing should also address redundancies required to maintain connectivity, and the identification of mitigations that minimize the impact of link(s) failure on other aircraft and people on the ground.
c. Navigation: Help identify the necessary level of vertical and horizontal navigation accuracy, navigation redundancy required, and implementation of technical scalable solutions.
d. Weather: Evaluate weather information requirements required to support safe BVLOS operations, e.g., preflight planning, weather awareness during flight. Mitigate threats from un-forecasted, unseen weather along route of flight that is beyond aircraft’s limitation (icing, wind gust, fog, microburst, etc.). Identify scalable solutions for accessing and using weather information.
e. Human Factors: Evaluate how operators will monitor and manipulate data, systems, displays, and procedures required to safely conduct BVLOS operations.
f. Other: Lead Applicant may identify other BVLOS challenges that it wants to solve.
 Other

10.3.3 On the designated Form on the FAA/UAS Program Portal for the proposed airspaces as selected in Section 10.2.11, the Lead Applicant must address the proposed advanced UAS technology(s) for use in operations from the following list:
ID & Tracking, Counter-UAS and other security-related issues, cybersecurity, Unmanned Traffic Management, Detect and Avoid, and other.
Note: If “none” was selected in Volume II Section 10.2.1.7, a response in Volume III Section 10.3.3 will not be required.

10.3.4 On the designated Form on the FAA/UAS Program Portal for the proposed airspaces as selected in Section 10.2.1, the Lead Applicant must address the proposed industry(s) that may participate in UAS operations from the following list:

Agricultural, environmental, energy sector, commerce, communications, governmental applications, fire, law enforcement, public safety, search and rescue, emergency management, infrastructure inspections, transportation safety, insurance, land surveillance, media, package delivery, photography, sensor development, survey, training, UAS detection, and other.

10.3.5 Lead Applicants should be advised that economic authority from the DOT’s Office of the Secretary of Transportation (OST) may be required for some types of operations. Authority may be required where the project entails the transportation of property, including parcels, for compensation. In such cases, UAS operators must be citizens of the United States as defined by 49 U.S.C. 40102(a)(15) to obtain the authority. If the project entails the navigation of foreign civil aircraft as defined in 14 CFR §375.1, separate economic authority is required. Lead Applicants or team members are encouraged to contact OST staff as much in advance as possible with any questions about these authorities.

10.4 Volume IV – Key Considerations
The Lead Applicant must complete Volume IV in its entirety on the FAA/UAS Program Portal. Volume IV is a Form submission on the Portal.

10.4.1 Community Outreach – On the designated Form, address plans for effective community outreach. At a minimum, this includes a description of the tools and venues that are currently available or will be made available to effectively engage in community outreach (e.g., websites, public meetings, media releases). The Lead Applicant must provide a strategy to garner feedback from the public on the pros and cons of the proposed operations (including economic benefits, noise, nuisance, effects on underserved populations). To address public comments and concerns, the Lead Applicant must have a system in place to collect and analyze public comments. The Lead Applicant is expected to share this data and a description of mitigation measures to address concerns raised with the FAA.

10.4.2 Economic – On the designated Form, describe the breadth of mission3 types expected to be conducted under the pilot program. The discussion must specify whether such UAS operations are to occur primarily within rural and/or urban environments and indicate the size of the private and public sector entities engaged in each UAS mission4. Size should be based on number of employees affiliated with each private/public sector participant.

10.4.3 Capital Needs – On the designated Form, address the required infrastructure assets and investments that will enable UAS integration, including fixed assets and related maintenance costs, and present different investment scenarios. Additionally, address how the infrastructure will be financed. For example, will public revenue be used to fund these investments or will some funding mechanism be developed to collect the necessary revenue from UAS operators?

10.4.4 Privacy – On the designated Form, address privacy policies that will govern all operations proposed in Volume III. For guidance on model privacy standards, please reference the DOT’s UAS Privacy Policy; and the National Telecommunications and Information Administration’s Voluntary Best Practices for UAS Privacy, Transparency, and Accountability developed pursuant to the February 15, 2015 Presidential Memorandum on promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems.

10.5 Volume V – Team Members: Rationale and Past Performance

10.5.1 The Lead Applicant must complete all elements in Volume V on team members in its entirety on the FAA/UAS Program Portal. Team members include all entities and individuals with whom the Lead Applicant intends to partner with in the Program.

10.5.2 A Federal Agency may not act as a Team Member.

10.5.3 On the designated Form, the Lead Applicant must list each team member and provide the team member’s location for the planned activities relative to the Program. On this Form the Lead Applicant must attest that an executed agreement exists between the Lead Applicant and the team member.

10.5.4 On the designated Form, the Lead Applicant must address the rationale for the teaming and address the UAS experience of the Lead Applicant and team members relative to:
Quantity of operations conducted
BVLOS
EVLOS
Operations Over Human Beings
Package Delivery
Operations at Altitudes < 200’AGL

Operations at Altitudes >200’ to ≤400’AGL
UAS <55 lbs. including any payload
UAS >55 lbs. including any payload
Nighttime Operations
Part 107 Operations
Section 333 Exemptions
COAs
Public Aircraft Operations
FCC Licensing
Safety Management System processes and safety experience

10.5.5 The Lead Applicant should include advanced UAS technology(s) and industry(s) if applicable.

10.6 Volume VI – Infrastructure
The Lead Applicant must complete all elements in Volume VI in its entirety on the FAA/UAS Program Portal. On the designated Form on the Portal the Lead Applicant must address infrastructure that will support the planned activities and operations. As appropriate, the discussion should include the following areas:

10.6.1 Physical and cyber security – Address the physical and cyber security measures that the Lead Applicant is intending to employ during the Program.

10.6.2 Communication Networks – Address the type(s) of communication networks that will be used to conduct operations. For example, cellular networks, terrestrial point-to-point, satellite, etc.

10.6.3 Spectrum – Address if spectrum, e.g., industrial, scientific, and medical bands; and/or other radio frequency(s), approval by the Federal Communications Commission (FCC) will be required to conduct planned flight operations. The Lead Applicant must address how its proposal will use radio spectrum securely, and in accordance with applicable regulations.

10.6.4 Other – Address other infrastructure that the Lead Applicant deems relevant to its intended flight operations.

11 PILOT PROGRAM SELECTION& APPLICANT PROPOSAL EVALUATION

11.1 Pilot Program Selection
The technical evaluation will be conducted in accordance with Section 11 PILOT PROGRAM SELECTION & APPLICANT PROPOSAL EVALUATION of this SIR.
A Technical Evaluation Team (TET) Lead will manage the evaluation with the CO. Lead Applicant submissions will be assessed by Volume Evaluators and a Volume Lead in accordance with SIR

Section 11.2.2. Lead Applicants with Volume I and Volume II evaluations of “Go” will either be recommended for award or held for possible future evaluation.
A Pilot Program Selection Control and Calibration Team (PPSCCT) will be formed for this selection process. The membership of the PPSCCT consists of executives throughout the agency and Department of Transportation (DOT). The PPSCCT will make award recommendations to the Pilot Program Senior Review Team (PPSRT). The CO serves as the business advisor to the PPSRT.
The PPSRT, using sound business judgment, will review the recommendations, consulting the PPSCCT when necessary if additional information or analysis is required. The PPSRT may also seek the advice, expertise, and counsel of other entities to assist in its deliberations. The PPSRT is expected to exercise independent judgment regarding the PPSCCT recommendations and may make recommendations different that those presented to the PPSRT. These recommendations will be coordinated with the Secretaries of Defense and Homeland Security and the Attorney General to ensure risks to public safety and homeland and national security are or will be mitigated when selecting proposals and implementing the Program; and to monitor compliance with relevant laws and regulations to ensure that Program activities do not interfere with national defense, homeland security, and law enforcement operations and missions.
The PPSRT will prepare final recommendations for the Secretary. The Secretary may also seek the advice, expertise, and counsel of other entities to assist in her deliberations. The Secretary is expected to exercise independent judgment regarding the PPSRT recommendations and may make selections different from the recommendations presented to her. After due consideration of the PPSRT recommendations, all underlying analysis and reports, and feedback provided by the Secretaries of Defense and Homeland Security and the Attorney General, the Secretary will select the Pilot Program awardees.

11.2 General Award Information

11.2.1 MOA awards will be issued to Lead Applicants determined by the Secretary to best meet the Presidential Memorandum selection criteria which are in the SIR and reflected in the evaluation of SIR Volumes I through VI. To the extent possible, the DOT/FAA will ensure that the initial awardees collectively meet the Program diversity requirements.
Program diversity requirements include:
• Economic, geographic, and climatic diversity of the selected jurisdictions in the Program as a whole
• Diversity of the proposed models of involvement by State, local, and tribal governments in the Program as a whole
• Diversity of the UAS operations to be conducted in the Program as a whole Each Lead Participant does not need to meet all the diversity requirements, but the evaluation process will ensure that the recommended awards collectively satisfy the diversity requirements to the greatest extent possible.

11.2.2 Rolling Evaluation and Selection:
Complete and timely applications will be reviewed on a rolling basis and proposal Volumes will be evaluated in the sequence discussed below.

11.2.2.1 Volume I – Identification of Lead Applicant and Volume II – Overview of Lead Applicant Solicitation Concept will be evaluated to determine whether the Lead Applicant meets the criteria based on compliance with the SIR instructions.
• Only Lead Applicants that are determined to be fully compliant with all of the SIR instructions for Volumes I and II will receive a “Go” determination and proceed for the concurrent evaluations of Volumes III and IV. All other Lead Applicants will receive a “No-Go” determination and will not have their remaining proposal Volumes evaluated or considered for selection

11.2.2.2 Volume III – Airspace and Concept of Operations and Volume IV – Key Considerations
These two Volumes will be evaluated concurrently. Lead Applicants must be rated as “Excellent” for Volume III and “Acceptable” for Volume IV to proceed for evaluation of the remaining Volumes. Proposals receiving a rating lower than “Excellent” for Volume III or “Unacceptable” for Volume IV may be ineligible for further evaluation.

11.2.2.3 Volume V – Team Members: Rationale and Past Performance
Lead Applicants must be rated as “Excellent” for Volume V to proceed for evaluation of Volume VI. Proposals receiving a rating lower than “Excellent” for Volume V may be ineligible for further evaluation.

11.2.2.4 Volume VI – Infrastructure
Lead Applicants must be rated as “Excellent” for Volume VI and will be considered for recommendation for award. Proposals receiving a rating lower than “Excellent” for Volume VI may be ineligible for further evaluation.

11.2.3 If, during this process, the Government does not make at least five (5) awards, the evaluation process will continue with the evaluation of proposals that were previously held for potential future evaluation. The Government reserves the option to reopen the proposal process at its discretion.

11.2.4 At any time during the submission and evaluation process the FAA may select a Lead Applicant to become a Lead Participant in this Program. The FAA reserves the right to select awardees without reviewing all Lead Applicant proposals. Those Lead Applicant proposals that have not been reviewed will be held for potential future evaluation. At any time during the process, the FAA may enter into communications with one or more Lead Applicants per Section 9.5 Communications.

11.3 Volume I Lead Applicant Proposal Evaluation

11.3.1 Evaluator Rating – The required submission in Volume I will be evaluated in accordance with “Go” or “No-Go” as defined in Table 4: Volume I and II – Evaluator Ratings. The “Go” evaluation criteria are further defined in Table 5: Volume I – Go Evaluation Criteria.

Table 4: Volume I and II – Evaluator Ratings

 

Assessment

Volume I and II

Evaluation Definition
GoLead Applicant’s response is acceptable.
No GoLead Applicant’s response is not acceptable and deemed ineligible for award.

Table 5: Volume I – Go Evaluation Criteria

Evaluation Assessment

Volume I

Evaluation Definition
Go – Individual Application
The Lead Applicant’s completed Identification of Lead Applicant Form in its entirety on the FAA/UAS Program Portal, and
The Lead Applicant is not a Federal Agency, and
The Lead Applicant is a United States based state/local/tribal government and located in the United States of America, and
The Lead Applicant completed the MOA Attestation Form attesting to its ability to fully execute the MOA within five (5) days of notification of the FAA’s intent to enter into an agreement.
Go – Program objectives can be met by Lead Applicant poolAn overall evaluation of the Volume I submissions will be made to determine if there are a sufficient number of Lead Applicants responding to the SIR to achieve the Program objectives.

11.3.2 Volume I – Identification of Lead Applicant Evaluation

11.3.2.1 An overall evaluation of the Volume I submissions will be made to determine if there are a sufficient number of Lead Applicants responding to the SIR in order to meet the objectives of the Program.

11.3.2.2 As required by the Presidential Memorandum, the FAA will evaluate the Program climatic and geographic diversity using FAA Geographical Information System (GIS) tools and other resources.

11.3.2.3 Responses to Volume I will assist the TET Lead in the determination of the number of necessary evaluators. Based upon the number of responses, the technical evaluation may be broken into separate evaluation groups predicated on assigned attributes.

11.4 Volume II Lead Applicant Proposal Evaluation

11.4.1 Evaluator Rating – The required submission in Volume II will be evaluated in accordance with “Go” – Lead Applicant’s response is acceptable or “No-Go” as defined in Table 4: Volume I and II – Evaluator Rating. The “Go” evaluation criteria are further defined in Table 6: Volume II – Go Evaluation Criteria.

Table 6: Volume II – Go Evaluation Criteria

Evaluation Assessment

Volume II

Evaluation Definition
Go – Individual Application
Lead Applicant identified between one (1) and five (5) airspace(s) in this proposal, and
Each submitted airspace was defined using World Geodetic System 84 (WGS-84) standards and saved in Keyhole Markup Language (KML) format, and
Each submitted airspaces shape file was accurate and complete and defined a closed polygon shape, and
Each submitted airspace shape file included flight levels (FL) (i.e. altitude floor and ceiling in feet above ground level (AGL)), and
Each submitted airspace shape file must be within the U.S., and
Each submitted airspace shape file did not overlay nor overlap existing Special Use Airspace – restricted/prohibited (14 Code of Federal Regulations (CFR) part 73), and
For each airspace the Lead Applicant selected (one or more) from a checkbox list on the Airspace Identification Form: TFRs, Alerts/NOTAMs, other and none; and
For each airspace the Lead Applicant selected (one or more) from a checkbox list on the Airspace Identification Form: Advancing Night Operations, Advancing Operations Over Human Being, Advancing BVLOS, and other; and
For each airspace the Lead Applicant selected from a checkbox list on the Airspace Identification Form: ID & Tracking, Counter-UAS and other security related issues, cybersecurity, Unmanned Traffic Management, Detect and Avoid, and other; and
For each airspace the Lead Applicant selected from a checkbox list on the Airspace Identification Form: agricultural, environmental, energy sector, commerce, communications, governmental applications, fire, law enforcement, public safety, search and rescue, emergency management, infrastructure inspections, transportation safety, insurance, land surveillance, media, package delivery, photography, sensor development, survey, training, UAS detection, and other.
Go – Program objectives can be met by Lead Applicant poolAn overall evaluation of the Volume II submissions will be made to determine if there are a sufficient number of Lead Applicants responding to the SIR to achieve the Program objectives.

If the Lead Applicant’s response is rated No-Go (not acceptable) and the Lead Applicant is deemed ineligible for award, no other portions of the Lead Applicant’s submission will be evaluated and the Lead Applicant will be notified of ineligibility.

11.4.2 Volume II – Overview of Lead Applicant Solicitation Concept Evaluation

11.4.2.1 The Volume II submission will be assessed to ensure that all required information was provided and assigned a Go or No-Go assessment.

11.4.2.2 As required by the Presidential Memorandum, the FAA will review the Volume II submissions relative to economic, climatic, and geographic diversity. The FAA may use this information to ensure program objectives can by met by the Lead Applicant pool and guide the next stages of the evaluation process.

11.5 Volume III Lead Applicant Proposal Evaluation
For the award decisions, the relative importance of the rated Volumes III, V, and VI is as follows:

Table 7: Volume III, V and VI Ranking

Volume Ranking
Volume IIIMost important overall submission in the proposal
Volume VSignificant importance:

– less important than Volume III

– considerably more important than Volume VI

 

Volume VILeast importance:

– considerably less important than Volumes III and V

 

11.5.1 Evaluator Rating – The evaluations of Volumes III, V and VI, will assess strengths and weaknesses associated in the Volume submissions. This part of the evaluation will result in an adjectival rating for each Volume, as defined below in Table 8: Volume III, V and VI – Evaluator Ratings.

Table 8: Volume III, V and VI – Evaluator Ratings

Evaluation Rating Evaluation Description
Excellent The combined impact of the strengths of the response far outweighs the combined impact of any identified weaknesses.
Good The combined impact of the strengths of the response outweighs the combined impact of the weaknesses.
Satisfactory The combined impact of the strengths of the response is equal to or slightly outweighs the combined impact of the weaknesses.
Not Recommended The combined impact of the weaknesses of the response outweighs the combined impact of the strengths

11.5.1.1 For the purpose of this evaluation criteria, the following definitions apply:
Strength is a feature, element, or process contained in a Lead Applicant’s proposal that increases the likelihood of meeting program goals and requirements. Included among the characteristics of a strength are:
(a) an especially thoughtful, innovative, scalable, or unique solution or approach to a technical, management, or operational problem or requirement;
(b) an exceptional device, approach, or process which saves time and/or material, reduces risk etc.; and/or
(c) a thorough and highly detailed knowledge or understanding of the requirement.

Weakness is an element in the Lead Applicant’s proposal or obtained from any other appropriate evaluation source such as the communications with the Lead Applicant in Section 9.5 that decreases the likelihood of meeting program goals or requirements. Included among the characteristics of a weakness are proposals that:
(a) lack sufficient information to allow the reviewer to conduct a total assessment or evaluation;
(b) do not satisfy or address the FAA requirement; or
(c) creates uncertainty as to a Lead Applicant’s
(i) understanding and/or comprehension of the work;
(ii) capability to successfully perform the work;
(iii) capability to effectively approach and/or manage the work effort; and/or
(iv) probability of successful work performance based upon any aspect of a Lead Applicant’s proposal response or any other appropriate source.

11.5.2 Volume III – Airspace and Concept of Operations Evaluation – The Volume III factors below will not be rated separately, but the factors may be used to organize strengths and weaknesses.
In evaluating Volume III the FAA will consider the extent to which the Lead Applicant’s proposal encourages the development and testing of new and innovative UAS concepts of operations in a safe manner.

11.5.2.1 With respect to any potential prohibitions (exclusions) to airspace operations, the evaluation team will review the exclusions described relative to time, place, and manner. Proposals will be evaluated based on the extent and complexity of proposed time, place, and manner of exclusions. Proposals with modest exclusions will be favored over those with more complex exclusionary frameworks.

11.5.2.2 With respect to the proposed advanced UAS operations, the evaluation team will review the operations and environments proposed. Proposals will be evaluated based on the extent to which they provide aggressive integration objectives with clear explanations of the technology enablers and associated performance requirements. Proposals that do so will be favored. Proposals will also be evaluated based on the extent to which they will enable broad integration and operations by the most diverse set of UAS operators. Those that do so will be favored over proposals that only enable operations by the Lead Applicant and its team members.

11.5.2.3 With respect to the proposed advanced UAS technology(s), the evaluation team will examine this section for proposals that include provisions for these functions. Proposals will be evaluated based on the extent to which they include approaches available to all users and utilizing industry standards (or evolving standards).

11.5.2.4 With respect to industry(s), the proposed operations will be considered within the context of the proposed operating areas (ground and air). For example, insurance operations may take place in populated areas as well as remote areas; uncontrolled airspace and controlled airspace, etc. Proposals that address the greatest diversity of operations will be favored. Notwithstanding, proposals that address a diverse set of operations in an equally diverse set of operating environments will be evaluated to determine if the proposal provides sufficient information to substantiate the efficacy of the operations.

11.6 Volume IV Lead Applicant Proposal Evaluation

11.6.1 Evaluator Rating – The required submission in Volume IV will be evaluated in accordance with the rating defined in Table 9: Volume IV – Evaluator Ratings.

Table 9: Volume IV – Evaluator Ratings

Evaluation Rating Evaluation Description
AcceptableLead Applicant’s proposal is acceptable, and is responsive.
UnacceptableLead Applicant’s proposal is unacceptable, non-responsive, and deemed ineligible for award.

If a Lead Applicant’s response is assessed “unacceptable”, the Lead Applicant is deemed ineligible for award and no other portions of the Lead Applicant’s submission will be evaluated.

11.6.2 Volume IV – Key Considerations Evaluation

11.6.2.1 Community Outreach – The proposal will be evaluated for the comprehensiveness of the discussion. Those proposals that are deemed responsive will be rated as “acceptable” in accordance with Table 9: Volume IV – Evaluator Ratings.

11.6.2.2 Economic – The proposal will be evaluated for the comprehensiveness of the discussion. Those proposals that are deemed responsive to the economic discussion will be rated as “acceptable” in accordance with Table 9: Volume IV – Evaluator Ratings. The substantive information provided will be used to ensure the economic diversity of the Lead Participants selected.

11.6.2.3 Capital Needs – The proposal will be evaluated for the comprehensiveness of the discussion. Those proposals that are deemed responsive to the capital needs’ discussion will be rated as “acceptable” in accordance with Table 9: Volume IV – Evaluator Ratings.

11.6.2.4 Privacy – The proposal will be evaluated for the comprehensiveness of the discussion. Those proposals that address privacy policies that will govern operations and are deemed compliant will be rated as “acceptable” in accordance with Table 9: Volume IV – Evaluator Ratings.

11.7 Volume V Lead Applicant Proposal Evaluation

11.7.1 Evaluation Rating – The required submission in Volume V – Team Members: Rationale and Past Performance will be evaluated in accordance with the priority defined in Table 7: Volume III, V and VI Ranking and the rating defined in Table 8: Volume III, V and VI – Evaluator Ratings.

11.7.2 Volume V – Team Members: Rationale and Past Performance Evaluation

11.7.2.1 The proposed team will be evaluated for the combined capabilities to conduct the scope of operations described in Volume III.

11.7.2.2 Team experience will be evaluated for relevance to the operations proposed in Volume III. Team experience should be substantiated by data. Most favored proposals will describe and link this experience to the capability to successfully develop and implement the proposed operations.

11.8 Volume VI Lead Applicant Proposal Evaluation

11.8.1 Evaluator Rating – The required submission in Volume VI will be evaluated in accordance with the priority defined in Table 7: Volume III, V and VI Ranking and the rating defined in Table 8: Volume III, V and VI – Evaluator Ratings.

11.8.2 Volume VI – Infrastructure Evaluation – The adequacy of the infrastructure proposed to support the operations in Volume III will be evaluated. This includes ownership, licenses, or other applicable authority and permissions to use systems, equipment, spectrum, private and public property, and any other asset, existing or planned, necessary for the proposed operations. This also includes access to national, state, local, or tribal systems data services, e.g., weather, air traffic information, emergency notification systems, etc.

12 PERIOD OF OFFER
Lead Applicant’s proposals must be binding for at least 278 calendar days from the date of the final submission. Proposals may offer more than 278 days.

13 EXPENSES RELATED TO APPLICANT SUBMISSIONS
The FAA will not pay for the information solicited, nor reimburse the Lead Applicants for any costs incurred in the preparation or submission of any response to this SIR or in making necessary studies or designs for the preparation thereof.

14 COMMUNICATIONS WITH APPLICANTS
The FAA expects to have communications with potential Lead Applicants throughout the selection process. These communications will be conducted in accordance with AMS Section 3.2.2.3.1.2.2, Communications with Applicants.

15 NOTIFICATION OF SELECTION AND DEBRIEFING OF LEAD APPLICANTS
Written notice of selection will be provided to all Lead Applicants as Lead Participants are selected. Within three (3) business days following execution of the fifth (5th) MOA Lead Applicants will be notified of their application status, unsuccessful or deferred. Lead Applicants may request a debriefing by providing a written request within three (3) business days after receiving the notice of the MOA award(s) via email to the CO at:
Email: [email protected]v
The email subject should read:
“Request for Debriefing– (insert Entity Name)
The email should read as follows:
“In accordance with Section 15 NOTIFICATION OF SELECTION AND DEBRIEFING OF LEAD APPLICANTS (insert Entity Name) is requesting a debriefing. Please contact the individual listed below to schedule a mutually agreeable date.
Entity Name:
Contact Name:
Contact Telephone Number:
Contact Email Address:”
Debriefings will be conducted only after completion of selection activities and award of the first five (5) MOAs. All Lead Applicants who notify the Contracting Officer at [email protected] within three (3) business days of receipt of the award notification are entitled to a debriefing. The FAA will make every effort to provide a debriefing at the earliest possible date convenient for both parties.

16 DISPOSITION OF PROPOSALS
Proposals from unsuccessful Lead Applicants will not be returned. The original proposals will be retained in the official SIR Portal.

17 NON-GOVERNMENT PERSONNEL PARTICIPATION
(a) Lead Applicants are advised that employees of firms identified in paragraph (b) will serve as support and technical advisors in the selection process. All non-Government employees are required to sign non-disclosure of information agreements. The exclusive responsibility for selection remains with the DOT. Any objection to disclosure of information to these non-Government employees must be provided in writing no later than 14 calendar days after the SIR release and must include a detailed statement with the basis of the objection. This objection must be emailed to the CO at:
Email: [email protected]
The email subject should read:
“Objection to disclosure of information to non-Government Personnel– (insert Entity Name)
The email should read as follows:
“In accordance with Section 17 NON-GOVERNMENT PERSONNEL PARTICIPATION (insert Entity Name) is submitting a statement. The Lead Applicant should attach detailed statement with the basis of the objection and the following information:
Entity Name:
Contact Name:
Email:
Phone Number:”
(b) The support service and technical advisors include: the MITRE Corporation’s Center for Advanced Aviation System Development (CAASD) the FAA’s Federally Funded Research and Development Center (FFRDC), Science Applications International Corporation (SAIC), Titania Solutions Group, Inc., and iBiz. Therefore, said parties will not be eligible to be a Lead Applicant or Team Member for any of the MOAs that result from this SIR.

18 PRE-AWARD SURVEYS
A pre-award survey is an evaluation of a prospective Lead Applicant’s capability to perform a proposed MOA and is used as a means for assisting the CO in making a determination that a Lead Applicant is a responsible prospective awardee. The FAA reserves the right to conduct a pre-award survey on any Lead Applicant or Team Member. If a pre-award survey is conducted, it does not mean that a Lead Applicant has been selected for award.

19 RESPONSIBLE PROSPECTIVE APPLICANT
Notwithstanding the evaluation methodology outlined in this SIR, the CO will determine whether the Lead Applicant is responsible prior to the award of any resultant MOA. As a minimum, to be determined responsible a prospective Lead Applicant must: have adequate financial resources to perform the MOA, or the ability to obtain those resources; have a satisfactory record of integrity and business ethics; have a satisfactory performance record; have the necessary organization, experience, accounting and operational controls; and/or, be otherwise qualified and eligible to receive an award under applicable laws and regulations.

20 CERTIFICATION OF REGISTRATION IN THE SYSTEM FOR AWARD MANAGEMENT (SAM)
In order to be issued an MOA, registration in the System for Award Management (SAM) is required.
In accordance with SAM requirements, Lead Applicants must include the DUNS or DUNS + 4 Number on the email “Declaration of Lead Applicant” (see SIR Section 9.3.1).
The following clauses are copied from the FAA Acquisition Management System.
Clause 3.3.1-33 System for Award Management (October 2016)

(a) Definitions. As used in this clause “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify 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 SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts for the same parent concern. “Registered in the SAM database” means that the Lead Applicant has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database. “System for Award Management (SAM) Database” means the primary Government repository for Lead Applicant information required for the conduct of business with the Government.

(b)(1) By submission of an offer, the Lead Applicant acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The Lead Applicant shall enter, in Representations, Certifications and Other Statements of Offerors Section of the solicitation, the DUNS or DUNS +4 number that identifies the Lead Applicant’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the Lead Applicant is registered in the SAM database.

(c) If the Lead Applicant does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An Lead Applicant may obtain a DUNS number (i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The Lead Applicant should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and ZIP Code. (iv) Company Mailing Address, City, State and ZIP Code (if different from physical street address). (v) Company Telephone Number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Lead Applicant does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer may proceed to award to the next otherwise successful registered Lead Applicant.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Lead Applicants who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Lead Applicant is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Lead Applicant is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. If registered in SAM as a Service-Disabled Veteran-Owned Small Business (SDVOSB), by submission of an offer, the Lead Applicant acknowledges that they are designated as a SDVOSB by the Department of Veterans Affairs, and this designation appears as such on the Veteran Affairs website, https://www.vip.vetbiz.gov.

(g)(1)(i) If a Lead Applicant 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-of-name agreements in AMS Procurement Guidance, the Lead Applicant shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to: (A) change the name in the SAM database; (B) comply with the requirements of AMS regarding novation and change-of-name agreements; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Lead Applicant must provide the Contracting Officer with the notification, sufficient documentation to support the legally changed name. (ii) If the Lead Applicant fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Lead Applicant to be other than the Lead Applicant indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Lead Applicant shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees shall be separately registered in the SAM database. Information provided to the Lead Applicant’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Lead Applicant will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Lead Applicants and Lead Applicants may obtain information on registration and annual confirmation requirements via the internet at http://www.sam.gov.

22 ATTACHMENT B: SIR ACRONYMS
AGL Above Ground Level
AMS Acquisition Management System
BVLOS Beyond Visual Line of Sight
CAASD Center for Advanced Aviation System Development
CFR Code of Federal Regulations
CO Contracting Officer
COA Certificate of Waiver or Authorization
CONOPS Concept of Operations
D&B Dunn and Bradstreet
DOT Department of Transportation
DUNS Data Universal Numbering System
EFT Electronic Funds Transfer
ET Eastern Time
EVLOS Extended Visual Line-of-Sight
FAA Federal Aviation Administration
FCC Federal Communications Commission
FFRDC Federally Funded Research and Development Center
FL Flight Levels
FMRA FAA Modernization and Reform Act of 2012
FRN Federal Register Notice
GIS Geographical Information System
ID Identification
KML Keyhole Markup Language
MOA Memorandum of Agreement
NAS National Airspace System
NOTAM Notice to Airmen
NTE Not to Exceed
OTA Other Transaction Authority
PPSCCT Pilot Program Selection Control and Calibration Team
PPSRT Pilot Program Senior Review Team
SAIC Science Applications International Corporation
SAM System for Award Management
SDVOSB Service-Disabled Veteran-Owned Small Business
SIR Screening Information Request
TET Technical Evaluation Team
TFR Temporary Flight Restriction
UAs Urban Areas
UAS Unmanned Aircraft Systems
UCs Urban Clusters
WGS-84 World Geodetic System 84

Sample Memorandum of Agreement for this Pilot Program

SAMPLE MOA
Unmanned Aircraft Systems
Integration Pilot Program
MEMORANDUM OF AGREEMENT (MOA)
BETWEEN
FEDERAL AVIATION ADMINISTRATION
AND
(TO BE DETERMINED – TBD)
Date: XXXX XX, 201X
XXXXXXX XX, 201X

Table of Contents
ARTICLE 1 PARTIES …………………………………………………………………………………………………………………………… 3
ARTICLE 2 SCOPE ………………………………………………………………………………………………………………………………. 3
ARTICLE 3 PRIVACY ………………………………………………………………………………………………………………………….. 5
ARTICLE 4 EFFECTIVE DATE AND TERM …………………………………………………………………………………………. 6
ARTICLE 5 DELIVERABLES AND REPORTING REQUIREMENTS ………………………………………………………. 6
ARTICLE 6 INTELLECTUAL PROPERTY …………………………………………………………………………………………….. 6
ARTICLE 7 LEGAL AUTHORITY ………………………………………………………………………………………………………. 13
ARTICLE 8 POINTS OF CONTACT …………………………………………………………………………………………………….. 14
ARTICLE 9 FUNDING AND PAYMENT ……………………………………………………………………………………………… 14
ARTICLE 10 APPROVAL OF TEAM MEMBERS …………………………………………………………………………………… 15
ARTICLE 11 CHANGES, MODIFICATIONS …………………………………………………………………………………………. 15
ARTICLE 12 TERMINATION ……………………………………………………………………………………………………………….. 15
ARTICLE 13 ORDER OF PRECEDENCE ………………………………………………………………………………………………. 15
ARTICLE 14 OBLIGATIONS OF THE PARTIES ……………………………………………………………………………………. 16
ARTICLE 15 DISPUTES ……………………………………………………………………………………………………………………….. 18
ARTICLE 16 WARRANTIES ………………………………………………………………………………………………………………… 18
ARTICLE 17 INSURANCE ……………………………………………………………………………………………………………………. 18
ARTICLE 18 LIABILITY ………………………………………………………………………………………………………………………. 18
ARTICLE 19 LOWER TIER AGREEMENTS ………………………………………………………………………………………….. 18
ARTICLE 20 CIVIL RIGHTS ACT ………………………………………………………………………………………………………… 19
ARTICLE 21 OFFICIALS NOT TO BENEFIT ………………………………………………………………………………………… 19
ARTICLE 22 PROTECTION OF INFORMATION …………………………………………………………………………………… 19
ARTICLE 23 PUBLICITY AND PUBLICATION…………………………………………………………………………………….. 19
ARTICLE 24 MISCELLANEOUS ITEMS ………………………………………………………………………………………………. 19
ARTICLE 25 PAPERWORK REDUCTION ACT …………………………………………………………………………………….. 20
ATTACHMENTS ……………………………………………………………………………………………………………………………………… 21
APPENDIX A – LEAD PARTICIPANT DELIVERABLE LIST AND REPORTING REQUIREMENTS ……………. 21
APPENDIX B – SPECIFIC OBLIGATIONS OF THE PARTIES ……………………………………………………………………. 27
APPENDIX C – ACRONYMS ……………………………………………………………………………………………………………………. 27
XXXXXXX XX, 201X

SMALL UNMANNED AIRCRAFT SYSTEMS INTEGRATION
PILOT PROGRAM
ARTICLE 1 PARTIES
The parties to this Agreement are the Federal Aviation Administration (FAA) and TBD (each a
party and collectively the parties).
ARTICLE 2 SCOPE

a. Purpose
The purpose of this Agreement between the FAA and TBD is to develop and innovate the safe
operation of unmanned aircraft systems (UAS) technologies and their use in agriculture,
commerce, emergency management and other sectors. This Integration Pilot Program is
promoting continued technological innovation and growth to ensure U.S. global leadership in
the emerging UAS industry and to safely integrate UAS into the National Airspace System
(NAS).

b. Background
FAA Mission – The FAA has authority over the operation of all aircraft, including UAS and has a
mandate to ensure public safety in aviation.
Purpose – Pursuant to the Presidential Memorandum for the Secretary of Transportation
(Memorandum) dated October 25, 2017 the Secretary of Transportation (“Secretary”), with the
Administrator of the FAA (“Administrator”), shall establish no later than 90 days after the date
of the Memorandum, a UAS Integration Pilot Program. The objective of this Agreement with
State, local, and tribal governments (this includes U.S territories and holdings) is to test and
evaluate proposed frameworks for integrating UAS into the NAS within their jurisdictions below
200 feet above ground level, with the possibility of extending that area to 400 feet above ground
level, at the Secretary’s discretion.

c. Objective
The objective of the Integration Pilot Program is to:
 address private civilian and public UAS operations;
 test and evaluate the impact and efficacy of a range of models for involvement of State,
local, and/or tribal governments, stakeholders, and private sector entities under proposed
pilot program frameworks for UAS operations;
 encourage UAS owners and operators to develop and test new and innovative UAS
concepts of operations under proposed pilot program frameworks in a safe manner,
including operations currently restricted with reduced waivers;
 encourage the involvement of State, local and/or tribal law enforcement agencies as
partners in pilot projects, including their support of Federal enforcement responsibilities;
 apply lessons learned from existing agreements, waivers granted under 14 CFR Part 107,
exemptions granted under section 333 of the FAA Modernization and Reform Act of 2012
(P.L. 112-95), the FAA Focus Area Pathfinder Program, and any other relevant programs;
and
 use the information and experience gained from the pilot program to inform the
development of regulations, programs, and plans by the Department of Transportation
(“DOT”) and FAA to enable safe, more complex UAS operations, and share this
information with other relevant Federal departments and agencies.
Considerations for such objectives also include:
 economic, geographic, and climatic diversity of the selected jurisdictions in the Program
as a whole;
 diversity of the proposed models of involvement by State, local, and tribal governments
in the Program as a whole;
 diversity of the UAS operations to be conducted in the Program as a whole;
 location of ground infrastructure;
 commercial objectives that may serve the public interest as a result of further integration
of UAS into the NAS;
 commitment of State, local, and tribal governments and UAS operators to addressing
safety, security, competition, privacy, and civil liberties concerns;
 community involvement in, and support for, participation in the Program; and
 the following policy objectives:

o enhancing transportation safety;
o using radio spectrum efficiently and competitively;
o promoting innovation and economic development;
o enhancing energy efficiency;
o improving workplace safety;
o improving emergency response and search and rescue functions;
o respecting public safety requirements; and
o respecting homeland and national security requirements.

d. General Requirements
The program performed under this Memorandum of Agreement must be performed in
accordance with ARTICLE 14 APPENDIX B – SPECIFIC OBLIGATIONS OF THE
PARTIES and its associated APPENDIX B. Any modifications to the MOA will be by mutual
agreement between the parties and will be incorporated into this Agreement by a formally
executed written amendment. APPENDIX C – ACRONYMS contains a list of acronyms.

e. Roles and Responsibilities
Parties are bound by duty of good faith and best effort in achieving the goals of the Agreement.

f. Type of Agreement
This Agreement is an “other transaction” authorized by 49 USC Section 106(l)(6) and is not a
procurement contract, grant or cooperative agreement. Each party acknowledges that both
parties participated in the negotiation and drafting of this MOA and any
amendments/attachments hereto, and that, accordingly, this MOA shall not be construed more
stringently against one party than against the other. This MOA is not intended to create, nor
shall it be construed as, a partnership, corporation, joint venture, or other business organization.
Each party acknowledges that this MOA shall not be construed as a procurement contract,
grant, cooperative contract, or agreement to certify or acquire any technology developed or
researched as part of the activities conducted hereunder.

ARTICLE 3 PRIVACY

a. Privacy Policies
In accordance with applicable Privacy Laws, the State, local or tribal government Lead
Participant must:

(i) Have privacy policies governing all activities conducted under the Agreement,
including the operation and relevant activities of the UAS authorized by the Lead
Participant;
(ii) Make the privacy policies publicly available;
(iii) Have a mechanism to receive and consider comments from the public on the
privacy policies;
(iv) Conduct an annual review of operations to verify compliance with stated privacy
policy and practices and share those outcomes annually in a public forum with an
opportunity for public feedback;
(v) Update the privacy policies as necessary to remain operationally current and
effective; and
(vi) Ensure the requirements of the privacy policies are applied to all operations
conducted under this Agreement.

The Lead Participant’s privacy policies should be informed by Fair Information Practice
Principles.

b. Compliance with Applicable Privacy Laws
For purposes of this Agreement, the term “Privacy Law” shall mean:

(i) A law, order, regulation, or rule of an administrative or legislative government
body with jurisdiction over the matter in question, or
(ii) A ruling, order, decision or judgment of a court with jurisdiction over the matter in
question regarding the protection of an individual’s right to privacy.

The Lead Participant and its team members must operate in accordance with all applicable
Privacy Law.

If the U.S. Department of Justice or a state’s law enforcement authority files criminal or civil
charges over a potential violation of a Privacy Law, the FAA may take appropriate action
including suspending or modifying this MOA until the proceedings are completed. If the
proceedings demonstrate the operation was in violation of the Privacy Law, the FAA may
terminate this MOA.

c. Change in Law
If during the term of this Agreement a Privacy Law comes into effect that may have an impact
on UAS, such Privacy Law is relevant to the MOA and the FAA may update or amend the
Agreement to reflect these changes.

d. Transmission of Data to the FAA
The Lead Participant must not provide or transmit to the FAA or its designees any data other
than the data specifically requested by the FAA pursuant to Article 5 of this Agreement.

e. Other Requirements
The Lead Participant must:

(i) Maintain a record of all UAS flight operations; and
(ii) Have a written plan that applies to all Team Members for the use and retention of
data collected by the UAS.

ARTICLE 4 EFFECTIVE DATE AND TERM
The effective date of this agreement is the date on which the last party (FAA) signs. The MOA will
be in effect for three (3) years from the date of the Presidential Memorandum for the UAS
Integration Pilot Program.

ARTICLE 5 DELIVERABLES AND REPORTING REQUIREMENTS
The Lead Participant agrees to deliver to the FAA certain “data” deliverables at no cost to the
FAA (the “Data Deliverables”). The term “data” is defined in Article 6. The Data Deliverables are
specified in APPENDIX A – LEAD PARTICIPANT DELIVERABLE LIST AND REPORTING
REQUIREMENTS.
The exact data, the means to transfer the data, and its due date(s) will be specified, as required.

ARTICLE 6 INTELLECTUAL PROPERTY

a. Rights to Intellectual Property Generated with Government Funding
If the Government elects to fund work under this Agreement, the parties must issue a written
modification to this Agreement that must specify the intellectual property rights for that work.

b. Rights to the Data Deliverables
Government requires certain licenses to the Data Deliverables. The applicable licenses/data
rights to the Data Deliverables are specified in Appendix A.

c. Other Data
All data will be provided to the Government at no cost. The parties must agree in writing to the
rights it assigns to the Government to that data.

d. Data Markings
The Lead Participant must place a legend or other appropriate marking(s) on all data delivered to
the Government under this Agreement. The markings must refer to this Agreement and accurately
state the rights the Government’s rights to that data. The Government will have unlimited rights in
all unmarked data delivered under this Agreement.

e. Definitions
“Computer software” means:
(i) Computer programs that comprise a series of instructions, rules, routines, or
statements, regardless of the media in which they are recorded, that allow or cause
a computer to perform a specific operation or series of operations; and
(ii) Recorded information comprising source code listings, design details, algorithms,
processes, flow charts, formulas, and related material that would enable the
computer program to be produced, created, or compiled.
Computer software does not include computer databases or computer software documentation.
“Computer software documentation” means owner’s manuals, user’s manuals,
installation instructions, operating instructions, and other similar items, regardless of
storage medium, that explain the capabilities of the computer software or provide
instructions for using the software.
“Data” means recorded information, regardless of form or the media on which it
may be recorded. The term includes technical data and computer software. The term
does not include information incidental to contract administration, such as financial,
administrative, cost or pricing, or management information.
“Government Purpose” means any activity in which the United States Government is a
party, including cooperative agreements with international or multi-national defense
organizations, or sales or transfers by the United States Government to foreign
governments or international organizations. Government purposes include competitive
acquisition by or on behalf of the Government but do not include the rights to use,
modify, reproduce, release, perform, display, or disclose data for commercial purposes
or authorize others to do so.
“Government Purpose Rights” means the rights to: Use, modify, reproduce, release,
perform, display, or disclose data within the Government without restriction; and, Release
or disclose technical data outside the Government and authorize persons to whom release
or disclosure has been made to use, modify, reproduce, release, perform, display, or
disclose that data for government purposes.
“Proprietary Data” means data developed exclusively at private expense and
outside of any Government contract, grant, or cooperative agreement.
“Technical data” means recorded information (regardless of the form or method of the
recording) of a scientific or technical nature (including computer databases and computer
software documentation). This term does not include computer software or financial,
administrative, cost or pricing, or management data or other information incidental to
contract administration. The term includes recorded information of a scientific or
technical nature that is included in computer databases.
“Unlimited rights” means the rights of the Government to use, disclose, reproduce,
prepare derivative works, distribute copies to the public, and perform publicly and
display publicly, in any manner and for any purpose, and to have or permit others to
do so.
a. Rights in Data
1. Rights in Proprietary Data. The Government will have only such rights in
properly marked Proprietary Data that have been negotiated and agreed to
in writing prior to delivery of that Proprietary Data. A legend identifying
the Proprietary Data must be placed by the Lead Participant on that data
that states the rights agreed to between the Government and the Lead
Participant prior to delivery to the Government. The Government will have
unlimited rights in all data delivered under this MOA that does not bear the
legend agreed to between the parties.
2. Rights in Data First Produced Under this MOA. The Government will
have Government Purpose Rights in all data developed by the Lead
Participant with mixed funding, or exclusively at Government expense.
All data delivered with Government Purpose Rights will be marked with
an appropriate legend identifying the data prior to delivery to the
Government. The appropriate legend identifying data delivered with
Government Purpose Rights will be negotiated between the parties prior to
delivery. The Government will have unlimited rights in all data delivered
under this MOA that does not bear the legend agreed to between the
parties.

b. Rights in Inventions (Patent Rights–Ownership by the Lead Participant)
are applicable to this MOA.
Definitions as used in this clause –
“Invention” means any invention or discovery that is or may be patentable or
otherwise protectable under title 35 of the United States Code, or any variety of
plant that is or may be protectable under the Plant Variety Protection Act (7 U.S.C.
2321, et seq.).
“Made” means –
(i) When used in relation to any invention other than a plant
variety, the conception or first actual reduction to practice of the
invention; or
(ii) When used in relation to a plant variety, that the Lead
Participant has at least tentatively determined that the variety has been
reproduced with recognized characteristics.
“Nonprofit organization” means a university or other institution of higher education
or an organization of the type described in section 501(c)(3) of the Internal Revenue
Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of
the Internal Revenue Code (26 U.S.C. 501(a)) or any nonprofit scientific or
educational organization qualified under a State nonprofit organization statute.
“Practical application” means to manufacture, in the case of a composition of
product; to practice, in the case of a process or method; or to operate, in the case of a
machine or system; and, in each case, under such conditions as to establish that the
invention is being utilized and that its benefits are, to the extent permitted by law or
Government regulations, available to the public on reasonable terms
“Subject invention” means any invention of the Lead Participant made in the
performance of work under this contract.

c. Lead Participant’s Rights

1. Ownership.
The Lead Participant may retain ownership of each subject invention
throughout the world in accordance with the provisions of this clause.
2. License.

(i) The Lead Participant must retain a nonexclusive royalty-free license
throughout the world in each subject invention to which the Government
obtains title, unless the Lead Participant fails to disclose the invention
within the times specified in paragraph (c) of this clause. The Lead
Participant’s license extends to any domestic subsidiaries and affiliates,
within the corporate structure of which the Lead Participant is a part, and
includes the right to grant sublicenses to the extent the Lead Participant
was legally obligated to do so at contract award. The license is
transferable only with the written approval of the agency, except when
transferred to the successor of that part of the Lead Participant’s business
to which the invention pertains.
(ii) The Lead Participant’s license may be revoked or modified by the agency
to the extent necessary to achieve expeditious practical application of
subject invention in a particular country, in accordance with procedures at
37 CFR Part 404.

d. Lead Participant’s Obligations

1. The Lead Participant must disclose in writing each subject invention to the
Contracting Officer within 2 months after the inventor discloses it in writing to
Lead Participant personnel responsible for patent matters. The disclosure must
identify the inventor(s) and this contract under which the invention was made.
It must be sufficiently complete in technical detail to convey a clear
understanding of the subject invention. The disclosure must also identify any
publication, on sale (i.e. sale or offer for sale), or public use of the subject
invention or whether a manuscript describing the invention has been submitted
for publication and, if so, whether it has been accepted for publication. In
addition, after disclosure to the agency, the Lead Participant must promptly
notify the Contracting Officer of the acceptance of any manuscript describing
the invention for publication, and any on sale or public use.

2. The Lead Participant must elect in writing whether or not to retain ownership of
any subject invention by notifying the Contracting Officer within 2 years of
disclosure to the agency. However, in any case where publication, on sale, or
public use has initiated the 1-year statutory period during which valid patent
protection can be obtained in the United States, the period for election of title
may be shortened by the agency to a date that is no more than 60 days prior to
the end of the statutory period.

3. The Lead Participant must file either a provisional or non-provisional patent
application or a Plant Variety Protection Application on an elected subject
invention within 1 year after election. However, in any case where a
publication, sale, or public use has initiated the 1- year statutory period during
which valid patent protection can be obtained in the United States, the Lead
Participant must file the application prior to the end of the statutory period. If
the Lead Participant files a provisional application, it must file a nonprovisional
application within 10 months of the filing of the provisional
application. The Lead Participant must file patent applications in additional
countries or international patent offices within either 10 months of the first filed
patent application (whether provisional or non-provisional) or 6 months from
the date permission is granted by the Commissioner of Patents to file foreign
patent applications where such filing has been prohibited by a Secrecy Order.

4. The Lead Participant may request extensions of the time for disclosure,
election, or filing under subparagraphs (c) (1), (c)(2), and (c)(3) of this clause.

e. Government Rights

1. Ownership. The Lead Participant must assign to the agency, upon written
request, title to any subject invention.

(i) If the Lead Participant fails to disclose or elect ownership to the subject
invention within the times specified in paragraph (c) of this clause, or elects
not to retain ownership; provided, that the agency may request title only
within 60 days after learning of the Lead Participant’s failure to disclose or
elect within the specified times.
(ii) In those countries in which the Lead Participant fails to file patent
applications within the times specified in paragraph (c) of this clause;
provided, however, that if the Lead Participant has filed a patent application
in a country after the times specified in paragraph (c) of this clause, but prior
to its receipt of the written request of the agency, the Lead Participant must
continue to retain ownership in that country.
(iii) In any country in which the Lead Participant decides not to continue the
prosecution of any application for, to pay the maintenance fees on, or defend
in reexamination or opposition proceeding on, a patent on a subject
invention.

2. License. If the Lead Participant retains ownership of any subject invention, the
Government must have a nonexclusive, nontransferable, irrevocable, paid-up
license to practice, or have practiced for or on its behalf, the subject invention
throughout the world.

f. Lead Participant action to protect the Government’s interest.

1. The Lead Participant must execute or to have executed and promptly deliver to
the agency all instruments necessary to:

(i) Establish or confirm the rights the Government has throughout the
world in those subject inventions in which the Lead Participant elects to retain
ownership; and
(ii) Assign title to the agency when requested under paragraph (d) of this
clause and to enable the Government to obtain patent protection and plant variety
protection for that subject invention in any country.

2. The Lead Participant must require, by written agreement, its employees, other
than clerical and nontechnical employees, to disclose promptly in writing to
personnel identified as responsible for the administration of patent matters and
in the Lead Participant’s format, each subject invention in order that the Lead
Participant can comply with the disclosure provisions of paragraph (c) of this
clause, and to execute all papers necessary to file patent applications on subject
inventions and to establish the Government’s rights in the subject inventions.
The disclosure format should require, as a minimum, the information required
by subparagraph (c)(1) of this clause. The Lead Participant must instruct such
employees, through employee agreements or other suitable educational
programs, as to the importance of reporting inventions in sufficient time to
permit the filing of patent applications prior to U.S. or foreign statutory bars.

3. The Lead Participant must notify the Contracting Officer of any decisions not to
file a non-provisional patent application, continue the prosecution of a patent
application, pay maintenance fees, or defend in a reexamination or opposition
proceeding on a patent, in any country, not less than 30 days before the
expiration of the response or filing period required by the relevant patent office.

4. The Lead Participant must include, within the specification of any United States
non- provisional patent or plant variety protection application and any patent or
plant variety protection certificate issuing thereon covering a subject invention,
the following statement, “The invention was made with Government support
under (identify the contract) awarded by (identify the agency). The Government
has certain rights in the invention.”

g. Reporting on utilization of subject inventions.
The Lead Participant must submit, on request, periodic reports no more frequently than
annually on the utilization of a subject invention or on efforts at obtaining utilization of
the subject invention that are being made by the Lead Participant or its licensees or
assignees. The reports must include information regarding the status of development,
date of first commercial sale or use, gross royalties received by the Lead Participant,
and such other data and information as the agency may reasonably specify. The Lead
Participant also must provide additional reports as may be requested by the agency in
connection with any march-in proceeding undertaken by the agency in accordance with
paragraph (h) of this clause.

The Lead Participant must also mark any utilization report as confidential/proprietary to
help prevent inadvertent release outside the Government. As required by 35 U.S.C.
202(c)(5), the agency will not disclose such information to persons outside the
Government without the Lead Participant’s permission.

h. Preference for United States industry.
Notwithstanding any other provision of this clause, neither the Lead Participant nor
any assignee must grant to any person the exclusive right to use or sell any subject
invention in the United States unless such person agrees that any products embodying
the subject invention or produced through the use of the subject invention will be
manufactured substantially in the United States. However, in individual cases, the
requirement for an agreement may be waived by the agency upon a showing by the
Lead Participant or its assignee that reasonable but unsuccessful efforts have been
made to grant licenses on similar terms to potential licensees that would be likely to
manufacture substantially in the United States, or that under the circumstances
domestic manufacture is not commercially feasible.

i. March-in rights.
The Lead Participant acknowledges that, with respect to any subject invention in
which it has retained ownership, the agency has the right to require licensing pursuant
to 35 U.S.C. 203 and 210(c), and in accordance with the procedures in 37 CFR 401.6
and any supplemental regulations of the agency in effect on the date of contract
award.

1. Special provisions for contracts with nonprofit organizations. If the Lead Participant
is a nonprofit organization, it must –

(i) Not assign rights to a subject invention in the United States without the
written approval of the agency, except where an assignment is made to an
organization that has as one of its primary functions the management of
inventions, provided, that the assignee will be subject to the same provisions
as the Lead Participant;

(ii) Share royalties collected on a subject invention with the inventor,
including Federal employee co-inventors (but through their agency if the
agency deems it appropriate) when the subject invention is assigned in
accordance with 35 U.S.C. 202(e) and 37 CFR 401.10;

(iii) Use the balance of any royalties or income earned by the Lead
Participant with respect to subject inventions, after payment of expenses
(including payments to inventors) incidental to the administration of subject
inventions for the support of scientific research or education; and,

(iv) Make efforts that are reasonable under the circumstances to attract
licensees of subject inventions that are small business concerns, and give a
preference to a small business concern when licensing a subject invention if
the Lead Participant determines that the small business concern has a plan or
proposal for marketing the invention which, if executed, is equally as likely
to bring the invention to practical application as any plans or proposals from
applicants that are not small business concerns; provided, that the Lead
Participant is also satisfied that the small business concern has the capability
and resources to carry out its plan or proposal. The decision whether to give
a preference in any specific case will be at the discretion of the Lead
Participant;

(v) Allow the Secretary of Commerce to review the Lead Participant’s
licensing program and decisions regarding small business applicants, and the
negotiate changes to its licensing policies, procedures, or practices with the
Secretary of Commerce when the Secretary’s review discloses that the Lead
Participant could take reasonable steps to more effectively implement the
requirements of paragraph (i)(4) of this clause.

ARTICLE 7 LEGAL AUTHORITY
This Agreement is entered into under the authority of 49 U.S.C. 106(l) and (m) and the FAA
Modernization and Reform Act of 2012.

The FAA Modernization and Reform Act of 2012 as passed by Congress and signed by the
President authorizes the FAA to establish a program to integrate UAS into the NAS. The FAA is
utilizing its Acquisition Management System (AMS) strictly as guidance in the selection process.

ARTICLE 8 POINTS OF CONTACT

a. FAA Director Unmanned Aircraft Systems (UAS) Integration Office
Attn:
Phone:
Email:
b. FAA Program Manager (PM)
Attn:
Phone:
Email:
c. FAA Contracting Officer: (CO)
Attn:
Phone:
Email:
d. FAA Contracting Officer Representative (COR):
Attn:
Email:
e. Lead Applicant Name:
TBD Title: TBD
Address: TBD
Phone: TBD
Email: TBD

ARTICLE 9 FUNDING AND PAYMENT
The FAA does not currently intend to provide funding for this Agreement. Any costs associated
with the performance of this Agreement will be the responsibility of the non-FAA Agreement
holder. Each party will be responsible for all of its own costs to perform under this Agreement,

and there is no current plan for the transfer of funds between the parties under this Agreement.
Should the parties execute a modification to add funding to this Agreement, it is considered
within the scope of this endeavor.

ARTICLE 10 APPROVAL OF TEAM MEMBERS
The Lead Participant must maintain, on the UASIPP Lead Participant Portal, a list of all executed
teaming arrangements with team members, outside associates, and/or consultants, required by the
Lead Participant in connection with the services covered by this Agreement.
On a quarterly basis the Lead Participant must update the list (including additions, deletions or
modifications) on the Portal.

ARTICLE 11 CHANGES, MODIFICATIONS
Changes and/or modifications to this Agreement must be in writing and signed by a FAA CO and
an authorized MOA representative at time of award. The Modification must cite the subject
Agreement, and must state the exact nature of the Modification. No oral statement by any person
shall be interpreted as modifying or otherwise affecting the terms of this Agreement.

ARTICLE 12 TERMINATION
In addition to any other termination rights provided by this Agreement, either party may
terminate this Agreement at any time prior to its expiration date, with or without cause, and
without incurring any liability or obligation to the terminated party by giving the other party at
least thirty (30) days prior written notice of termination. Upon receipt of a notice of termination,
the receiving party must take immediate steps to stop the accrual of any additional obligations
that might require payment.

ARTICLE 13 ORDER OF PRECEDENCE
This Agreement and its attachments will be read and interpreted as a consistent whole.
In the event of any inconsistency between the terms of the Agreement and its attachments, any
inconsistency will be resolved by giving preference in the following order:
– The Agreement
– The Appendices
Some, all, or none of the information contained within the Applicant’s submissions may be
incorporated into the Agreement at the discretion of the FAA.

ARTICLE 14 OBLIGATIONS OF THE PARTIES
1 Expected Results
A Lead Participant must be authorized by the FAA to facilitate the integration of UAS into the
NAS as well as validating processes and procedures. In addition, industry and users must have an
authorized/legal flight area to perform safe UAS operations.

2 Constraints
This MOA will remain in effect until October 24, 2020 or until terminated in accordance with
Article 12 of this Agreement.

3 Lead Participant Outputs

3.1 Economic Baseline Report
Lead Participant must furnish to the specified FAA representative an electronic copy of the
Economic Baseline Report.

3.2 Quarterly Report
Lead Participant must furnish to the specified FAA representative an electronic copy of a draft
quarterly report detailing the history of flights that occurred during the previous reporting
period. The FAA will have 30 days to review the report. The final quarterly report, with FAA
requested changes modifications, must be delivered to the FAA representative within 15 days
after receipt of the FAA modifications.

3.3 Annual Report
Lead Participant must furnish to the specified FAA representative an electronic copy of a draft
annual report.

3.4 Final Report
To support the requirements for Presidential Reporting, not later than 30 days before the date of
the termination of the program, the Lead Participant must report findings and conclusions
concerning the Program.

3.5 Flight Operations
Safety must be the primary objective during any operation. Lead Participant must operate in
accordance with processes and procedures approved by the FAA. The FAA will maintain the
right to be present during any UAS operation and the amount of oversight may depend on
risk and other factors.

4 Obligations of the Parties

4.1 Obligations of the Government

4.1.1 The FAA may provide authorization for the Lead Participant. The FAA will assign
personnel to provide feedback during all phases of the development of this project,
including the requirements, design, implementation, evaluation, and oversight stages.

4.1.2 The FAA retains the right to conduct oversight of all operations conducted under this
agreement, including on-site visits, and has the authority to halt, suspend or modify
operations at any time.

4.2 Obligations of Lead Participant

4.2.1 Lead Participant must provide the leadership and technical expertise for all stages of the
development and operation. Lead Participant will be responsible for the development and
implementation of processes and procedures for flight operations; proper maintenance;
configuration management; and assurance for safe operation.

4.2.2 Lead Participant must either own or have the UAS under lease for a minimum of 90
consecutive days to comply with public law.

4.2.3 For mission planning, Lead Participant must access aviation-related internet sites or other
appropriate data sources to determine predicted weather. For operations, Lead Participant
must have real-time weather monitoring, including air speed, wind direction, and
temperature.

4.2.4 Pilot/observer training requirements must be in compliance with the most recently
published FAA guidance material.

4.2.5 Lead Participant must provide a Mission Commander for each UAS flight who must have
ultimate organizational responsibility and COA responsibility for the flight.

4.2.6 Lead Participant must collect data in a format agreed upon by FAA and post it to the FAA
web-based system.

4.2.7 Lead Participant must use a structured approach in reviewing the safety and airworthiness
of any candidate UAS platform prior to operations. The inspection process must be part of
Lead Participant’s guidelines for conducting initial UAS flight tests.

4.2.8 The Lead Participant must demonstrate the best safety environment possible. The objective
will be to satisfy the FAA and show the extremely improbable case by demonstrating that
the total system, taken together, can provide an acceptable reliability.

4.2.9 Lead Participant must use the FAA system safety process as a guide in its safety activities.
It is a formal and flexible top-level process that generally follows the steps in the FAA’s
Safety Risk Management Order 8040.4B (available at:
https://www.faa.gov/documentLibrary/media/Order/FAA_Order_4040.4B.pdf) and
includes a systematic approach to process improvement that requires proactively searching
for opportunities to improve the process at every step and not simply to identify
deficiencies after an undesired event.

4.2.10 Lead Participant accepts the risk and high consequence decision of the analyses which
eventually leads to approved NAS flight. Any accident or incident must be reported to the
FAA and other appropriate government agencies in accordance with current aviation
practices and directives.

4.2.11 Lead Participant must apply in-place processes and procedures for safely operating UAS
alongside general aviation aircraft. These processes and procedures have been validated in
a number of challenging operating scenarios. The Lead Participant’s procedures that will be
utilized are robust both for cooperative and non-cooperative aircraft operations.

ARTICLE 15 DISPUTES
Where possible, disputes will be resolved by informal discussion between the parties. To the
extent any dispute is not resolved by informal discussion, the parties agree to engage the services
of the FAA’s Office of Dispute Resolution for Acquisitions to provide mediation and other ADR
services in a non-binding manner to assist the parties toward resolution. If these efforts are not
successful, the FAA Contracting Officer signatory to this Agreement will make the final decision.

ARTICLE 16 WARRANTIES
No Warranty. Except as specifically stated in Article 11 (Changes, Modifications) the FAA
makes no express or implied warranty as to any matter whatsoever, including the conditions of
the research or any invention or product, whether tangible or intangible, made or developed under
this agreement, or the ownership, merchantability, or fitness for a particular purpose of the
research or any invention or product.

ARTICLE 17 INSURANCE
The Lead Participant must arrange by insurance or otherwise for the full protection of FAA from
and against all liability to third parties arising out of, or related to, its performance of this
Agreement. The FAA assumes no liability under this Agreement for any losses arising out of any
action or inaction by the Lead Participant, its employees, or contractors, or any third party acting
on its behalf. The Lead Participant agrees to hold the United States harmless against any claim by
third persons for injury, death or property damage arising out of or in connection with its
performance under this Agreement.

ARTICLE 18 LIABILITY
Tort Liability of Government. The U. S. Government will not, except for gross negligence, fraud,
abuse, or misuse, be responsible for any property of the Lead Participant consumed, damaged, or
destroyed in the performance of this Agreement. Any liability of the U.S. Government is
determined pursuant to the Federal Tort Claims Act, 28 U.S.C. 2671 et seq.
Personal Injury and Damage to Property. The Lead Participant agrees to save and hold the
Government, its officers, agents, and employees harmless from liability of any nature or kind,
including costs and expenses, for, or on account of, any or all suits or damages of any character
whatsoever resulting from injuries or damages sustained by any person or persons or property by
virtue of negligence or omissions on the part of the Lead Participant, its officers, agents, and
employees in the performance of this Agreement.

ARTICLE 19 LOWER TIER AGREEMENTS
TBD must include Articles 6 – Intellectual Property through 23 – Publicity and Publication suitably
modified in all lower tier Agreements, regardless of tier.

ARTICLE 20 CIVIL RIGHTS ACT
TBD must comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in
Federally-assisted programs and provide a certification to that effect.

ARTICLE 21 OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress, or resident commissioner, will be admitted to any share or
part of this Agreement, or to any benefit arising from it. However, this clause does not apply to this
contract to the extent that this contract is made with a corporation for the corporation’s general
benefit.

ARTICLE 22 PROTECTION OF INFORMATION
The parties agree that they must take appropriate measures to protect proprietary, privileged, or
otherwise confidential information that may come into their possession as a result of this
Agreement.
The parties agree to protect from release information that is proprietary, privileged, or otherwise
confidential to the extent permitted by law. The FAA will protect data and or information in its
possession in accordance with requirements and procedures set forth under the Freedom of
Information Act, 5 U.S.C. § 552, and any other applicable law, including but not limited to the
Trade Secrets Act, 18 U.S.C. § 1905. Each party agrees to mark data or information as “proprietary”
or “confidential,” in a manner that is immediately apparent. Each party shall maintain, and to the
extent necessary reproduce, any and all restrictive markings set forth on, applied to, and/or
associated with, the information provided by the other party.

The FAA may deliver materials to the Lead Participant that is Sensitive Unclassified Information to
enable research and development in furtherance of the UAS program. This information is
unclassified but nonetheless is sensitive in nature (Sensitive Information) and must be protected by
the Lead Participant in accordance with FAA Order 1600.75. The Lead Participant may not
distribute or discuss (verbally or in writing) Sensitive Information with anyone not a party to this
Agreement except for the Lead Participant’s employees, agents, advisors, or team members, or to
the extent required by law.

ARTICLE 23 PUBLICITY AND PUBLICATION
The Lead Participant must not quote any FAA official or make any representations on behalf of the
FAA in any publicity or press releases without prior FAA approval. The Lead Participant must
notify the FAA at least one (1) day prior to publication of publicity and press releases for any FAAfunded
activities.

ARTICLE 24 MISCELLANEOUS ITEMS
If additional terms and conditions are required to be included to address work that may be required
under this MOA they will be included by formal bi-lateral modification to this Agreement.
The FAA may provide Government property to the MOA awardee for the purpose of research.

The Government property may be provided at -$0- or at a specified lease amount. In
either case the FAA will provide a letter of agreement to the Lead Participant which will contain the
conditions of use and other stipulations that may be required.

ARTICLE 25 PAPERWORK REDUCTION ACT
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA
consider the impact of paperwork and other information collection burdens imposed on the
public. The FAA may, at its discretion, reduce or adjust any paperwork and other
information collection requirements in this Agreement as the FAA deems appropriate to
comply with the Paperwork Reduction Act.

 

AGREED:
TBD Federal Aviation Administration
BY: BY:
TITLE: TITLE: Contracting Officer
SIGNATURE: SIGNATURE:
DATE: DATE:

ATTACHMENTS
APPENDIX A – MOA AWARDEE DELIVERABLE LIST
APPENDIX B – OBLIGATIONS OF THE PARTIES
APPENDIX C – ACRONYMS
APPENDIX A – LEAD PARTICIPANT DELIVERABLE LIST AND

REPORTING REQUIREMENTS

1 INTRODUCTION
The Unmanned Aircraft Systems Integration Pilot Program MOA Lead Participant List of
Deliverables is the register of deliverable data items required in the Memorandum of Agreement
(MOA). The MOA Lead Participant List of Deliverables specifies electronic addresses if
electronic data delivery is required. Forms may be required to convey data item requirements.
There are several types of data items on the MOA Lead Participant List of Deliverables to be
submitted. These include, but are not limited to results of study; research; engineering design and
development; reports of performance; results of status meetings; records of ongoing deliveries
and flight operations. Data item deliveries are key factors in demonstrating successful
performance. In some instances, the number of data items and the level of detail are negotiable
with the government. Once approved, these data items become the specifications for continuing
operations.
Under the MOA for the UAS Integration Pilot Program, the FAA requires that the Lead
Participant respond to questions on its economic baseline and goals. This information will be
used throughout the Program to assist in development of regulations, policies and standards.
Additionally, the FAA requires that the Lead Participants provide reports on a quarterly and
annual basis as well as at the termination of the project or termination of Partnership
operations.

2 NOTIFICATION OF THE LOCAL COMMUNITY
The Lead Participant must establish a means to meaningfully and effectively notify the local
community(s) about the proposed operations and any related limitations on UAS operations within
the local airspace. The Lead Participant will, at a minimum, place this information on a publically
accessible website, which will be referenced on the FAA website: https://www.faa.gov/uas/

3 REPORTING REQUIREMENTS
The FAA will collect both quantitative and qualitative data over the life of the Program.
Examples of reporting requirements are provided below.

3.1 Data Reporting
The Lead Participant is required to provide the FAA with operating data. The data will be
reported electronically via a website database specifically developed for the purpose of the Lead
Participant. Attachment A – Flight Data is an example of the flight data that will be collected
over the life of the Pilot Program.

3.2 Reporting Requirements
The Lead Participant is required to provide the FAA with reports on the progress of the project.
These reports will be used to assist the FAA in the development of regulations, standards and
policies. Table 1: Lead Participant Reporting Requirements outlines the reporting requirements
for the Lead Participant.
Table 1: Lead Participant Reporting Requirements

 

Type of ReportPeriodReport Due DateResponses, Modifications from FAAFinal Report Due
Economic Baseline Report14 Days after signing MOA14 days after receipt of Report14 days after receipt of FAA comments
Quarterly Operating ReportOct 1- Dec 31January 31Within 30 days from Report Due DateWithin 15 days of FAA response
Quarterly Operating ReportJanuary 1-March 31April 30
Quarterly Operating ReportApril 1- June 30July31
Quarterly Operating ReportJuly 1 – Sept 30October 31
Annual Operating Report12 Months Ended September 30October 31N/AN/A
Final ReportPeriod of MOA Partnership Operation30 days prior to termination of the MOAN/AUpdate of report to close of operation 7 days after termination of the MOA

3.2.1 Economic Baseline Report
The Economic Baseline Reports are due to the FAA within two (2) weeks of signing the MOA.
Information to submitted in the Economic Baseline Report is in Attachment B – Economic
Baseline Report.

3.2.2 Quarterly Reports
Quarterly reports are due to the FAA within one (1) month after the end of the calendar quarter as
shown in Table 1: Lead Participant Reporting Requirements. This report sets forth the activities
of the Lead Participants during the quarter. The FAA shall have 30 days to review the report. The
final quarterly report, with any FAA requested changes, shall be delivered to the FAA
representative within 15 days after receipt of the FAA requested changes. Information to be
submitted in the Quarterly Reports is in Attachment C – Quarterly Report.

3.2.3 Annual Reports
Annual reports will be due to the FAA within one (1) month after September 30 Table 1: Lead
Participant Reporting Requirements. This report sets forth the activities, findings and
conclusions of the Partnership Program during the year. Information to be submitted in the
Annual Reports is in Attachment D – Annual Report.

3.2.4 Final Report
The Lead Participant’s final report is due 30 days prior to the termination of the MOA. An
update to the final report is due seven days after termination of the MOA to include the last 30
operating days. This report sets forth the findings and conclusions of the Partnership Program. In
the event that a Lead Participant ceases operations prior to this date, the Lead Participant must
submit a final report within 30 days of the cessation of operations. Information to be submitted
in the Final Report is in Attachment E – Final Report.

4 Attachment A – Flight Data
The following flight data will be required for each flight conducted by the Pilot Program. This
list of data will be augmented and tailored to the specific Pilot Program objectives after the
MOA award.

• Mission identification;
• Applicable type of operation(s) e.g. operation over human beings, beyond visual line of
sight, package delivery etc.
• Environmental conditions e.g. meteorological conditions, topography, population/structure
density etc.
• Aircraft characteristics e.g. make, model, weight, modifications etc.
• UAS telemetry e.g. location, altitude, time of day, flight time etc.
• Deviations from planned navigation;
• Any encountered hazards during mission and method used to avoid hazard.
• Any accidents or incidents that meet NTSB or Part 107 criteria for unmanned aircraft
systems.

5 Attachment B – Economic Baseline Report
Lead Participants must respond to the following questions in the Economic Baseline Report in
accordance with the MOA Lead Participant Reporting Requirements.
The file naming convention to be used on the report is comprised of XXXXXXX (the seven
letter designation of the Lead Participants found on the homepage of the web portal); EBR and
the date of the MOA (YYYYMMDD): XXXXXXXEBRYYYYMMDD.pdf.
Responses are required to the following questions:

1. Provide a brief description for each type of UAS mission1 the Partnership intends to conduct
under the Pilot Program. Discuss whether the mission will be limited to commercial use or
include a public benefit (or purpose) element such as safety or security. For each type of
planned mission, the Lead Participants must include the appropriate 6-digit NAIC code.

2. For each type of mission to be conducted under the pilot program, describe whether this
mission is an entirely new economic activity that could not be accomplished without a UAS
or is the UAS being used to replace current methods of accomplishing the same mission
(e.g., bridge inspections).

a. If the mission activity is considered new, describe how the economic benefit is
expected to accrue to private/public sector partners, the local community, and
society.

b. If the UAS is replacing more expensive, less safe, and/or less efficient ways of
accomplishing an existing mission, provide a description of what activity will be
replaced by the UAS, along with estimated unit cost savings (i.e., reduced manhours,
fuel savings, maintenance, physical depreciation, etc.) for each mission type
and an estimate of the number of such missions on an annual basis.

6 Attachment C – Quarterly Reports
Lead Participants are required to submit a Quarterly Reports in accordance with the Table 1:
Lead Participant Reporting Requirements.
The following outline should be followed on the UAS Lead Participants Quarterly Reports:

1. Executive Summary: Summarizes the quarterly activity for the Lead Participant.

2. Accomplishments: Discuss specific achievements made during the quarter.

3. Provide an overview of each mission conducted within the quarter: a description of
the mission, how the mission was conducted, and why the mission was conducted.
Include relevant flight statistics that are helpful to understanding the scope of each
mission; such as number of flights and hours.

4. Positive or negative, discuss any unexpected or unintended outcomes from missions
conducted during the quarter.

5. Lessons learned: Knowledge or understanding distilled from conducted missions that
will influence future missions to reduce or eliminate potential failures and mishaps,
or reinforce a positive result.

6. Community Outreach: Summary of Lead Participant’s efforts to educate the public,
law enforcement, students, etc. about safe UAS operations or other community
outreach.

7. Collaboration: Description of cooperation between the Lead Participant and other
entities with similar interests, and the sharing of ideas and research results that
further the goal of UAS integration into the NAS.

8. Improvement in safety risk management procedures:

a. Pilot training
b. Maintenance
c. Hardware
d. Airworthiness
e. Airspace
f. Operations

9. Future Activities: Describe future activities planned for the next two quarters by the
Lead Participant.

10. Five Bullet Points: Frequently, the UAS Lead Participants Program Office needs to
provide talking points and other information on the Lead Participant and Partnership.
This is generally done on a very quick turnaround. What five items would you want
reported about your Program?

11. Challenges: Identify those areas that impede the UAS Lead Participant’s
performance. Of special interest is identification of areas that the UAS Lead
Participants Program Office could assist in resolving.

12. Other Discussion

7 Attachment D – Annual Reports
Lead Participants are required to submit Annual Reports in accordance with the Table 1: Lead
Participant Reporting Requirements.

1. Provide a brief description for each type of UAS mission1 the Partnership conducted in the
past year under the Pilot Program. Was the mission limited to commercial use or does it
include a public benefit (or purpose) element such as safety or security? If so, explain. For
each type of mission, the Lead Participants must include the appropriate 6-digit NAIC code.

2. For each type of mission conducted in the past year under the pilot program, describe
whether this mission was an entirely new economic activity that could not be accomplished
without a UAS or was the UAS being used to replace more expensive, less efficient ways of
accomplishing the same mission (e.g., bridge inspections).

a. If the mission activity was considered new activity within the past year, describe the
economic benefit that accrued to the private/public sector partners, the local
community, and society.

b. If a UAS replaced a more expensive, less safe, and/or less efficient way of
accomplishing a mission, provide a description of what activity was replaced by the
UAS along with unit cost savings (i.e., reduced man-hours, fuel savings,
maintenance, physical depreciation, etc.) for each mission type and an estimate of
the number of such missions on an annual basis.

3. If necessary, provide a revision to the economic baseline based on planned activities for the
next year.

8 Attachment E – Final Report
Lead Participants are required to submit a Final Report in accordance with the Table 1: Lead
Participant Reporting RequirementsError! Reference source not found..
The following outline should be followed in the Final Report:

1. Over the life of the Pilot Program, provide a brief description for each type of UAS mission
that was conducted by the Partnership. Was the mission limited to commercial use or did it
include a public benefit (or purpose) element such as safety or security? If so, explain. For
each type of mission over the life of the pilot program, the Lead Participants must include the
appropriate 6-digit NAIC code.
2. For each type of mission conducted over the life of the pilot program, describe whether the
mission was an entirely new economic activity that could not be accomplished without the
use of a UAS or was the UAS being used to replace more expensive, less efficient ways of
accomplishing the same mission (e.g., bridge inspections).

a. For all UAS activity describe the economic benefit or burden that each Partnership
Participate incurred, over the life of the pilot program. Were the results expected?
How do the results compare to the economic baseline?
b. For new UAS related economic activity describe the economic benefit that accrued
to the private/public sector partners, the local community, and society?
c. If the UAS replaced more expensive, less safe, and/or less efficient ways of
accomplishing the same task, describe what activities were replaced along with unit
cost savings (i.e., reduced man-hours, fuel savings, maintenance, physical
depreciation, etc.) On an annual basis, for each mission type estimate the number of
UAS operations over the life of the pilot program.

APPENDIX B – SPECIFIC OBLIGATIONS OF THE PARTIES
To be populated with specifics that apply to the purposed Concept of Operations
APPENDIX C – ACRONYMS
AL lethal area
AMS Acquisition Management System
ARTCC Air Route Traffic Control Center
ATC Air Traffic Control
BVLOS beyond visual line of sight
B buffer
C2 Control and Command
CE casualty expectation
CFR Code of Federal Regulations
CG center of gravity
CO Contracting Officer
COA Certificate of Authorization
COR Contracting Officer Representative
CS control station
DHS Department of Homeland Security
DoD Department of Defense
DS distance to stop
DG distance to glide
ExCom Executive Committee
FAA Federal Aviation Administration FMECA
failure mode, effects, and critical analysis
FMRA FAA MODERNIZATION and REFORM ACT
FRR flight readiness review
FTA fault tree analysis
FTC Federal Trade Commission
FTS flight terminal system
GCS Ground Control Stations
GPS Global Positioning System
IFR instrument flight rules
INS Inertial Navigation System
ISRB Independent Safety Review Board
L length
NAS National Airspace System
NASA National Aeronautics and Space Administration
ODRA Office of Dispute Resolution for Acquisition
OTA Other Transaction Authority
OT Other Transaction
PD population density
PF probability of failure
PIC Pilot in Command
R&D research and development
RFC Request for Comments
RFI Radio Frequency Interference
TBD to be determined
TCAS traffic alert and collision avoidance system
TFM traffic flow management
UA unmanned aircraft
UAS unmanned aircraft systems
UASTSS Unmanned Aircraft Systems Test Site Selection
VLOS visual line of sight
VNE velocity not to exceed
W width

Jonathan Rupprecht

Mr. Rupprecht is an aviation attorney who focuses on drones. Read more about his background as a commercial pilot, flight instructor, Embry-Riddle Aeronautical University grad, and legal author. He has had media appearances on Forbes, Newsweek, Politico, NPR, Marketwatch, The Independent, Motherboard, and other sources. Feel free to send Jonathan a message here.

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