6973GH-26-R-00060_QandA_Part 1.pdf

FAA KA360ER Simulator

6973GH-26-R-00060

Questions and Answers (Q&A)

PART 1

The Q&A period is officially closed. No new questions will be accepted or answered for this solicitation at this time.

This document is "Part 1." Additional Q&A are currently being prepared and are expected to be released in the coming days and before the close of the solicitation period.

GENERAL CLARIFICATIONS

This requirement is for a turnkey solution that includes site preparation, production, and installation of a new KA360ER Full Flight Simulator (FFS), along with full-time post-installation operational support, as outlined in the contract specifications and attachments.

The only government-furnished property the FAA will provide during the contract is a hangar bay and existing utilities. The contractor is responsible for all other provisions, including operational support, spares management and procurement, and maintaining the simulator's operational availability as defined in the contract and attachments.

Government technical and oversight personnel have limited authority during the contract's execution, primarily focused on validating and enforcing the awarded requirements. Only an FAA Contracting Officer can approve changes affecting cost, performance, or schedule, or authorize new work under Over and Above (O&A) and Engineering Services line items. Any deviation from this protocol is at the contractor's risk, whether initiated independently or based on unauthorized direction from technical or oversight personnel. Payments for such deviations may be indefinitely delayed or not reimbursed.

For the new simulator, the FAA will not assist the contractor in obtaining proprietary data, intellectual property, materials, or software from private companies necessary to fulfill this contract. The contractor must have the full capability to meet this requirement independently if awarded the contract.

Offerors are encouraged to include all risks in their proposals. While economic price adjustment clauses are present, these apply only to existing pricing and subject to contractor’s burden of proof for impacts. These will not be used to adjust pricing due to mistake in bid, or otherwise omitted performance costs. Offerors should not anticipate opportunities to reprice the contract after award due to changes to the FAA’s requirements.

QUESTIONS AND ANSWERS

1. (Ref: 3.2.4 20 – Indefinite Quantity) Please confirm whether the Government anticipates issuing task orders beyond the stated minimum guarantee within the base period, and whether any minimum ordering expectations are associated with major CLIN groupings (e.g., simulator production or sustainment).

FAA RESPONSE: Yes, The FAA plans to issue task orders beyond the minimum guarantee shortly after awarding the base contract to quickly begin production, site preparation, and installation activities.

Additional minimum guarantees will not be established or considered beyond those stated in the SIR/model contract.

2. (Ref: 3.2.4-34 – Option to Extend Services and 3.2.4-35 – Option to Extend the Term of the Contract) Please confirm that option year pricing is expected to fully incorporate escalation for labor, materials, and third party costs, and that option exercise will be based on the pre negotiated option CLIN pricing without further repricing.

FAA RESPONSE: This contract generally follows a Firm Fixed Price model unless specified otherwise at the task order level. However, note the inclusion of clauses 3.2.4-4 FIXED-

PRICE CONTRACTS WITH ECONOMIC PRICE ADJUSTMENT-LABOR AND MATERIAL (JUL

2024) and 3.2.4-2 FIXED-PRICED CONTRACTS WITH ECONOMIC PRICE ADJUSTMENT- STANDARD SUPPLIES (JUL 2024) in Section I of the SIR. Offerors must read and understand their rights and procedures to request economic adjustments associated with these clauses.

3. (Ref: 3.3.1 11 – Availability of Funds and 3.3.1-36 / 3.3.1-37 – Incremental Funding / Limitation of Obligation) Please clarify the notification and stop-work expectations when funding for a CLIN or task order approaches exhaustion, including whether the Contractor is required to cease performance immediately upon reaching the obligated funding limit.

Refer to clause 3.10.1-9 STOP WORK ORDER (APR 2025) in Section F. If a stop-work order is issued, the notification will provide instructions and outline contractor rights in accordance with current contract terms and conditions.

4. (Ref: Section H.2 – Over and Above Work) Please clarify whether the Contracting Officer’s Representative (COR) may provide interim direction for urgent or safety critical Over and Above work pending formal Contracting Officer authorization, and how such interim actions will be compensated.

FAA RESPONSE: Regardless of employment affiliation, all individuals are responsible for preventing imminent injury, death, or damage to government property while on FAA facilities.

Neither the COR nor any FAA employee, other than the Contracting Officer, is authorized to promise additional payment or make commitments on behalf of the agency to changes that affect contract cost, performance, or schedule.

In emergency situations during contract performance, each case will be evaluated individually according to the contract terms and conditions, as well as any applicable federal laws concerning appropriate compensation for work performed outside the contract's stated scope.

5. (Ref: 3.5.13 – Rights in Data – General and 3.5.16 – Special Works) Please confirm that offerors may assert limited or restricted rights for proprietary software, simulator models, and technical data developed at private expense, provided such assertions are clearly identified in the proposal.

FAA RESPONSE: Yes, offerors may assert limited and restricted data rights according to these clauses. Upon award, the contractor’s proposal will become part of the official contract file. Offerors are encouraged to specify these data rights in SUBMITTAL 4:

Simulator Design.

6. (Ref: Section E) Please clarify whether the FAA has target timelines for inspection and acceptance reviews, and whether schedule or payment relief will be considered for delays attributable to Government review or availability.

FAA RESPONSE: Refer to PWS paragraph 4.3, Master Integrated Scheduled Plan (MISP).

Initial work up to the acceptance of installation is subject to Firm Fixed Price CLINs.

Unforeseen circumstances will be evaluated and resolved on a case-by-case basis, in accordance with clauses 3.2.2.3-42 DIFFERING SITE CONDITIONS (APR 2024), 3.2.2.3-43 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 2024), and any other applicable terms and conditions.

7. (Ref: Acceptance clauses allowing Government-directed additional testing) Please confirm whether additional testing requirements identified during Government acceptance that exceed the approved Acceptance Test Procedures (ATPs) would be treated as contract changes subject to equitable adjustment.

FAA RESPONSE:

Any requests from the government to perform work that is not inherently defined in the previously approved ATPs, and would affect the contract’s cost, performance or schedule in any way, should be reported to and approved by the Contracting Officer prior to incurring additional costs, delays current delivery schedule, or materially changes any requirements.

8. (Ref: 3.13-16 – Records Management ) Please clarify whether the Records Management clause applies only to final contract deliverables transmitted to the Government, or whether it also applies to internal contractor working papers, drafts, and engineering data.

FAA RESPONSE: Yes to both. Records Management applies to all documents or new information generated in support of performing this contract.

9. (Ref: 3.8.2-17 – Key Personnel and Facilities) Please clarify whether offerors may identify pre-approved alternate personnel for key positions to minimize disruption in the event of personnel turnover.

FAA RESPONSE: For initial proposals, follow Section L (Instructions to Offerors) precisely.

Uniformity in proposals is crucial for fair evaluations and timely awards. Be mindful of page limitations when considering additional information not requested by Section L.

10. (Ref: 3.10.2-1 / 3.10.2-2 – Subcontracts) Please clarify the thresholds or circumstances under which Contracting Officer consent is required for subcontract awards, particularly for routine commercial support or OEM supplier agreements.

FAA RESPONSE: Clause 3.10.2-2 applies if the Contractor plans to award subcontracts as Cost-Reimbursement-Type or Ceiling Priced-Type, subject to the thresholds and descriptions in 3.10.2-2 (A)(1-4).

For routine and commercial services or supplies, subcontracts should use a Firm Fixed Price-Type, in which case only 3.10.2-1 applies.

According to 3.10.2-1, paragraph (c), the Contractor must coordinate with the FAA before awarding subcontracts for:

- Site preparation and/or removal of the current simulator

- Production of a new simulator and/or installation at MMAC (excluding shipping)

- Post-installation maintenance services

11. (Ref: 3.10.2 1 / 3.10.2 2 – Subcontracts) Please clarify whether invoice level certifications apply only to the labor and costs billed on the specific invoice, rather than to the Contractor’s enterprise-wide policies or practices.

FAA RESPONSE: With respect to subcontractors performing under this contract, the Contractor should be prepared to include and enforce terms and conditions related to funding and payments in subcontracts directly allocable to this contract.

12. Would the FAA be able and willing to assist in the collection of full stall flight test data if this data is not available from other sources?

FAA RESPONSE: The FAA expects a turnkey solution for production, installation, and full-time operational support throughout the contract's duration.

13. The SIR requests post-installation support for a base period of 5 years, with options for 2 and 3 years. Are the 2- and 3-year options intended to extend the base 5-year period or replace the base 5-year period?

FAA RESPONSE: The FAA is unaware of the production lead time. The intent of the 5-year base period is to install the new simulator within 24 months or as soon as possible, whichever sooner, and begin operations support immediately thereafter. The 2- and 3-year option periods extend beyond the 5-year base period. If both options are exercised, the total contract duration would be 10 years.

14. Can the post-installation T&M CLIN be used to supplement differing material costs through installation?

FAA RESPONSE: No. All contract line items through acceptance of installation are Firm Fixed Price and not subject to adjustment due to mistake in bid, or other costs omitted from the awarded proposal.

15. Will the FAA assume responsibility for annual or recurring software license or software maintenance fees upon acceptance of installation?

FAA RESPONSE: No. During operations support, the contractor is responsible for all aspects of supporting and maintaining the simulator post-installation to align with the FAA's training and mission schedules.

Recurring software fees may be treated similarly to spares and Other Direct Costs (ODC), subject to the terms and conditions of a Time and Materials (T&M) contract.

Notwithstanding facility power outages, or other circumstances beyond the contractor’s reasonable control, the contractor is fully responsible to maintain simulator operational availability.

16. Attachment 04 to the SIR references an AMS Small Business Subcontracting Plan Checklist.

Please confirm: (1) Is a formal Small Business Subcontracting Plan required with proposal submission, or only post-award? (2) Will subcontracting plan commitments (SB%, SDB%, WOSB%, SDVOSB%) be evaluated as part of LPTA Technical Acceptability, or are they a separate compliance requirement? (3) What are the applicable size standards for this procurement for purposes of SB goal calculation?

FAA RESPONSE: (1) Yes. A formal, and acceptable, subcontracting plan is required with the proposal for any large business offerrors. This will not be open to negotiation afterwards.

(2) See Section M, M.3.1, which states, in part, the following:

“SUBMITTAL 5 -SMALL BUSINESS SUBCONTRACTING PLAN

Offers will be assessed for conformance with Section L. Subcontracting plans that do not meet the minimum requirements outlined in Section L may be deemed "not fully responsive."

Offerors must be affirmatively determined as "fully responsive" to the Instructions to Offerors to be eligible for further evaluation.”

(3) See 3.6.1-17 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE (OCT 2022) in Section L.

17. SOW §7.1 requires the contractor to develop a Site Plan documenting the simulator installation, and SOW §7.2 requires a preliminary installation drawing prior to contract award. Please confirm: (1) Does the FAA have existing facility drawings for MMAC Building 26A (simulator bay dimensions, column locations, ceiling height, overhead crane capacity and coverage, electrical panel locations, HVAC, door clearances) that will be made available to offerors and/or the awardee? (2) If yes, can these drawings be provided as a GFI attachment to the SIR amendment? (3) Are there any known structural constraints (weight limits, floor loading, clearance height) that affect the installation configuration?

FAA RESPONSE: Such facility drawings are not available for public release. Therefore, they must be omitted from this solicitation.

18. Please clarify whether compliance with future revisions to 14 CFR Part 60, Part 60 Change notices, or NSP Bulletins issued after simulator acceptance is within the scope of the base contract, or whether such post‑acceptance regulatory changes would be addressed as Over‑and‑Above (O&A) work.

FAA RESPONSE: Changes will be evaluated and determined on a case-by-case basis.

Regulatory changes affecting the contractor’s performance should be incorporated under the FAA’s authority of clause 3.10.1-28, CHANGES REQUIRED BY AMS (JAN 2024). Offerors are encouraged to read and understand this clause in the event of regulatory changes occurring, and the contractor’s rights and procedures to remedy impacts.

19. Please clarify whether “updates and revisions as they occur” refers only to contractor‑developed software necessary to meet baseline requirements prior to production completion, or whether this includes OEM, COTS, or FAA‑directed changes outside the contractor’s control FAA RESPONSE: Contractor will be fully responsible for maintaining the operational availability of the simulator. This includes all software maintenance needs.

20. Please clarify whether post‑acceptance Part 60 re‑qualification activities driven by regulatory changes, new NSP requirements, or expanded training tasks are included in the base maintenance scope or would be handled as Over‑and‑Above work.

FAA RESPONSE: See response to Question 18.

21. Please clarify what categories of downtime the FAA considers to be “beyond the reasonable control of the contractor,” including whether OEM supply delays, discontinued parts, FAA‑caused access restrictions, or government‑directed configuration changes qualify as excusable downtime.

FAA RESPONSE: See 3.10.6-7 EXCUSABLE DELAYS (OCT 1996) for definitions. Individual circumstances will be interpreted on a case-by-case basis to comply with this clause or any other applicable existing terms and conditions of the contract.

Scenarios are provided for example, but are not all-encompassing, as follows:

- OEM Supply Delays:

o EXCUSABLE: Critical components were ordered from suppliers prior to system repair needs. Contractor can prove orders were submitted consistently with common or advertised OEM lead times.

o NOT EXCUSABLE: Critical components were not ordered from suppliers prior to system repair needs. Contractor cannot prove orders were submitted consistently with common or advertised OEM lead times.

- Discontinued Parts:

o EXCUSABLE: Contractor identifies and attempts to resolve instances of obsolescence prior to repair needs. Contractor can prove proactive effort towards spares management.

o NOT EXCUSABLE: Contractor does not identify or attempts to resolve instances of obsolescence prior to repair needs. Contractor can only prove reactive effort towards spares management.

- FAA-Caused Access Restrictions:

o EXCUSABLE: Natural Disaster, Emergency, or Facility Security Exercise. –

Reasonable recovery time consistent with length of delay.

o NOT EXCUSABLE: Natural Disaster, Emergency, or Facility Security Exercise. –

Unreasonable recovery time inconsistent with length of delay.

- Government‑Directed Configuration Changes:

o EXCUSABLE: Reasonable lead times to modifying the contract relative to the scope and magnitude of changes to be made and mutually agreed upon completion times are met.

o NOT EXCUSABLE: Unreasonable lead times to modifying the contract relative to the scope and magnitude of changes to be made or mutually agreed upon completion times are not met.

While some of these examples are relative and subjective, the common factor between EXCUSABLE and NOT EXCUSABLE is proactive effort, and constant and open communications with the FAA.

22. Please clarify whether holiday, weekend, or extended‑hours support will be ordered as discrete tasks under specific CLINs, or whether such support is expected to be absorbed within the base staffing requirement.

FAA RESPONSE: See 9.4 of the SOW will not be absorbed by the Firm Fixed Price support services. Services ordered for extended normal daily hours, holidays, and weekends are separate and may only be approved by the Contracting Officer.

23. Please clarify when title and risk of loss transfer to the contractor during the A330 simulator removal process, and whether the Government will retain responsibility for any damage caused by pre‑existing conditions or facility constraints.

FAA RESPONSE: This equipment will become the property of the contractor in as-is condition. Currently, all hardware on the A330 simulator is fully functional and is used regularly for its intended purpose. Offerors should assume that all required software subscriptions and licensing are non-transferable to the contractor.

24. Please clarify whether engineering support for post‑installation modifications includes only contractor‑initiated changes, or also Government‑directed modifications, and how such work will be scoped and authorized.

FAA RESPONSE: See Section H for ordering procedures and contractor responsibilities related to O&A and Engineering Services requested by the FAA. The contractor should not proceed with any changes unless explicitly authorized by the Contracting Officer, unless to maintain operational availability and does not result in additional cost to the FAA.