FAA Responses to Offeror Questions on Amendment 9 to the FENS SIR (Final).docx

FAA Responses to Offeror Questions on Amendment 9 to the FENS SIR

Question #1: AMS Clause 3.2.2.3-38 (Requirements for Certified Cost or Pricing Data or Data Other Than Certified Cost or Pricing Data) was added to Section L.2 of the FENS SIR as part of Amendment 9. Does the FAA intend for offerors to submit certified cost/pricing data with their proposals and/or during negotiations?

FAA Response: No. While AMS Clause 3.2.2.3-38 was included with recent updates to AMS clauses under Amendment 9, it will be removed in a forthcoming amendment because it conflicts with SIR Section L.14.3.1, which states that: “…offerors are not required to submit certified cost and pricing data with their proposals.”

Question #2: Amendment 9 included updates to Section K.5 and K.7 of the FENS SIR. Does the FAA require updated representations and certifications in response to these changes?

FAA Response: As noted in the response to Question #1, the FAA will be issuing an amendment to remove AMS Clause 3.2.2.3-38 from SIR Section L.2. As part of the instructions accompanying that amendment, the FAA will clarify that, as a result of the updates to Section K in Amendment 9, each offeror must include an explicit statement in its signed letter of transmittal as to whether any updates to its representations and certifications originally submitted within Proposal Volume V (Miscellaneous) are needed as a result of the updates to the AMS clauses in Section K. Offerors that need to make updates to their representations and certifications as a result of the updates to the AMS clauses in Section K must submit them to the FENS Contracting Officer at 9-ajw-fensinfo@faa.gov as an update to Proposal Volume V (Miscellaneous) with tracked changes visible no later than May 10, 2022 at 5:00pm Eastern Time.

Question #3: Is the application of the two linear multiplier factors limited to TEP calculations for the purpose of proposal evaluation only, or is the government’s intent that the factored prices will become the offeror’s binding CLIN prices for incorporation into the contract at award?

FAA Response: As described in the instructions accompanying Amendment 9, the FAA will apply the linear multiplier factors to the offeror’s previously proposed prices and the resulting values will both: (1) be evaluated as the proposed prices; and (2) become the offeror’s binding CLIN prices for incorporation into the contract at award. After the FAA applies the multiplier factors, the FAA will notify each offeror when the updated prices are available for review in AcquServe. Following the FAA’s notification, each offeror will have 3 workdays to review the updated prices and advise the FENS CO of any concerns with how the multiplier factors were applied.

Question #4: With regard to Factor 2, a single multiplier factor applied to every price for a variety of different cost elements (e.g., equipment, telecommunications services, labor, other services) -- most of which have been impacted by various market factors or changes in the economic environment -- will result in some CLINs being overpriced and others being underpriced. As an IDIQ contract with no requirement/guarantee for the government to order the demand set specified in the bid model, will there be further price refinement allowed/expected post source selection?

FAA Response: No. Amendment 9 did not alter the IDIQ nature of the FENS contract. The selected offeror will be required to provide the required services at the prices resulting from the application of the linear multiplier factors. There is no further price refinement contemplated in relation to Amendment 9.

Question #5: Would the government consider allowing additional factors (rather than just the two factors) to allow the granularity necessary to properly address market factors that have impacted these varying elements differently?

Proposed Response: No.

Question #6: As the government has not requested any backup data or justification related to how Factor 1 or Factor 2 were determined by offerors, how does the FAA intend to conduct the Price Risk Evaluation, described in SIR Section M.7.3.2, for Reasonableness or Realism of the newly established prices?

FAA Response: The prices resulting from the application of the linear multiplier factors will be assessed for Reasonableness and Realism as described in SIR Section M.7.3.2. Since no changes to the number of labor hours or technical solutions are permitted as part of Amendment 9, the FAA will consider the previously submitted BOEs and CMLs during its assessment of Reasonableness and Realism.

Question #7: Is the government considering any price changes made per instructions in Amendment 9 via the linear multiplication factors and applied to CLIN prices a Best and Final Offer (BAFO)?

Proposed Response: No. Any pricing updates resulting from the application of the linear multiplier factors do not represent a BAFO nor does the Government’s request for the linear multiplier factor values affect the potential for the Government to subsequently request a BAFO or conduct negotiations with the selected offeror prior to award.

Question #8: The following changes to the FENS SIR included in Amendment 9 have the potential to directly or indirectly affect some portions of offeror proposals:

Please advise if the FAA determines the types of updates indicated above would not be considered to “materially affect the evaluation of proposals or the execution of the FENS contract” and therefore would not be required at this time.

FAA Response: With respect to the three examples cited in the question:

1) Per the response to Question #1 above, AMS Clause 3.2.2.3-38 will be removed from Section L.2 in a forthcoming amendment and so it will not have any effect on the evaluation of proposals or the execution of the FENS contract.

2) The Small Business Subcontracting Plan is not part of the FAA’s Best Value trade-off and so updates to the Small Business Subcontracting Plan are not required at this time as a result of the update to AMS Clause 3.6.1-4. The FAA reserves the right to require the selected offeror provide an updated Small Business Subcontracting Plan prior to contract award if it is determined that the update to AMS Clause 3.6.1-4 necessitated an update to the selected offeror’s Small Business Subcontracting Plan.

3) Per the response to Question #2 above, offerors that need to make updates to their representations and certifications as a result of the updates to the AMS clauses in Section K must submit them to the FENS Contracting Officer at 9-ajw-fensinfo@faa.gov as an update to Proposal Volume V (Miscellaneous) with tracked changes visible no later than May 10, 2022 at 5:00pm Eastern Time.