Amendment 0002 GSA FY22 CPP to 47QMCB21R0002.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

QMACB

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

FY City Pair Program, Worldwide

Final

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

General Services Administration Travel Acquisition Support Branch 1800 F Street, NW 3rd Floor, Hub 3400 Washington, DC 20405

9A. AMENDMENT OF SOLICITATION NUMBER

1 7

9B. DATED (SEE ITEM 11)

Corey Gerst - Contracting Officer

General Services Administration City Pair Program FY22 Requirement for Scheduled Air Passenger Transportation Services

Solicitation No. 47QMCB21R0002

FINAL RFP QUESTIONS AND GOVERNMENT RESPONSES

AMENDMENT 2

No. Solicitation Reference Vendor Question Government Response

Section Page

1 K.7 70 If you have multiple codeshare carriers who fly the O&D route that the marketing carrier is bidding on, can they all be included in the evaluation criteria for Factor 2 - Quality of Service? Meaning there is one bid, but for the evaluation criteria, there are multiple codeshare carriers.

As stipulated in Section C.16 - Carriers Under a Code-Sharing or other arrangement, “For domestic line items, the contract carrier shall make available all service on offered codeshare partner(s).

For international line items, the contract carrier shall make available all service on offered codeshare partner(s) proposed on a line item-by-line-item basis. If a codeshare partner(s) is (are) offered and no specific line item is identified, the offeror shall make available all service on the offered codeshare partner(s) in all awarded line items where the codeshare exists.

The offeror shall list in §K.7 Carriers Under A Code- Sharing Arrangement, all airlines providing service over any portion of a line item under a code-sharing arrangement relative to this offer. The offeror shall certify in §K.7 Carriers Under A Code-Sharing Arrangement that its offered codeshare is included in the IATA Bilateral Interline E-ticketing Agreements Table (BIETA). DoD approval is required for all offerors and their U.S. air carrier codeshare partners proposed for service on offered line items prior to award.”

Please review Sections B.1.2 - Description of Services, K.7 - Carriers Under a Code-Sharing Arrangement and K.8 - Air Carrier Quality and Safety for additional guidelines on code-share submission(s).

2 C.16 35 If halfway through the GSA FY22 a codeshare carrier that is not listed on the K.7 section by the awarded carrier offers service on an awarded line item, can the awarded carrier add that codeshare carrier as part of the services offered for their award? If so, what does that process look like?

A codeshare carrier cannot be added to a carrier’s contract after award. As stipulated in the RFP, Section H.3 Air Carrier Quality and Safety:

Prior to award, in accordance with the provisions of 32 CFR 861.4, DoD Air Transportation Quality and Safety Requirements, DoD approval is required for all offerors and their U.S. air carrier codeshare partners proposed for service on offered line items. All offerors and their U.S. air carrier codeshare partners proposed for service on offered line items shall remain in an approved status throughout the period of performance for the contract.

In accordance with 32 CFR 861.6(b), foreign air carriers performing any portion of a line item awarded to a U.S. air carrier under this solicitation pursuant to a code-sharing agreement with that U.S. air carrier, are generally not subject to DoD survey and approval under Sections 861.4 and 861.5. However, DoD will periodically review the performance of such foreign carriers. This review may consist of recurring performance evaluations, periodic examination of the U.S. code-sharing carrier’s operational reviews and assessments of the foreign carrier, and, where appropriate and agreed to by the air carriers concerned and DoD, on-site surveys of the foreign air carrier. Such carriers must also meet the 12 months prior experience requirement of 32 CFR 861.4(e)(1).

N/A

Has the GSA considered how it will adjust its RFP process for the new Executive Order 14005, officially titled ‘Ensuring the Future Is Made in All of America by All of America's Workers’ signed by U.S. President Joe Biden on January 25, 2021 as part of the White House’s “Buy American” policy?

Under the current RFP policy, a foreign-flagged carrier solely operating a City Pair Program route under the code of a US carrier is treated the same as a US carrier operating the same route on its own metal. Would the GSA consider assigning a higher preference on line items that are operated wholly by a US carrier before considering a mix of US carrier and US code on foreign carriers or exclusively US code on foreign carriers?

Executive Order 14005 is currently under review by GSA officials. No further information regarding its applicability to the City Pair Program is available at this time.

Per FAR 52.212-4(r), compliance with the Fly America Act (49 U.S.C. 40118) is a prerequisite for all U.S. flag air carriers who submit an offer for a CPP contract. “U.S. flag air carrier service also includes service provided under a code share agreement with a foreign air carrier in accordance with Title 14, Code of Federal Regulations when the ticket, or documentation for an electronic ticket, identifies the U.S. flag air carrier’s designator code and flight number.” 41 CFR 301-10.134. This language has not changed since the regulation’s 1999 effective date

(63 FR 63417).

N/A

What is the rationale behind some large markets that required nonstop minimum service last year, such as HNL-SAN, that have this year been changed to a minimum of connecting service; while smaller markets like OAK-OGG, OGG-SJC, LIH-OAK and others are changing from connect minimum service to nonstop?

The City Pair Program team reevaluates all of the line items it solicits annually and adjusts minimum service requirements based on travelers’ needs and/or compiled industry data.

L2 97

Based on the technical evaluation period being conducted based on service effective for the week of July 19, 2021, through July 25, 2021, a carrier could be awarded a market on the strength of their summer seasonal service even if they reduce their schedule post-summer and are flying a lesser schedule during the majority of the FY22 period. How does the GSA factor the impacts of seasonal flying on the technical evaluation period ensure they do not improperly value a carrier’s seasonal schedule in determining their awards?

Technical evaluations are conducted in strict accordance with Section M - Evaluation Factors For Award of the FY22 RFP. Addendum 1 to the RFP stipulates that “The offeror agrees to hold the prices in its offer firm from the date specified for receipt of offers to the end of the contract period or any option periods exercised.” The RFP gives clear guidance on the Government’s process for line items that do not meet the minimum requirements (shown below). If a determination is made that a carrier no longer meets the minimum flight requirements for award, the Contracting Officer reserves the right to issue a contract modification to remove the line item from the awarded carrier’s contract and re-award the line item to another carrier, in accordance with Addendum 1 and Section F - Deliveries or Performance of the

FY22 RFP.

As stated in the Final RFP, Section F.2. - Confirmation of Service At The Time of Award and Modification “Within ten (10) business days after contract award, and at time of a modification, contract carriers shall confirm in writing that they continue to meet the minimum requirements for all line items awarded for the period of performance beginning October 1, 2021 through September 30, 2022. Contract carriers shall itemize any line items where they no longer meet the minimum requirements for the contract period of performance beginning October 1, 2021 through September 30, 2022. For line items that are awarded to a carrier with nonstop service, but where the minimum requirement is connect service, the contract carrier shall re-confirm nonstop service. See §C.3.B, §C.3.C, §C.3.D, and §C.3.E regarding minimum requirements.”

Section F.5 - Discontinuance of Service Within A Line Item states “If a contract carrier ceases to provide at least the minimum level of service required by the contract to any line item, the contract carrier shall provide the Government thirty (30) calendar days written notice to the extent practicable prior to reducing or discontinuing the service.

The contract carrier shall notify the Government in the above stated manner when the carrier discontinues nonstop service in a connect line item. Though the contract carrier may still provide the minimum level of service required with connect service, the basis of award may have changed. In such situations, the Government reserves the right to reevaluate all offers in that line item. The Contracting Officer may re-award the line item to a carrier whose offer represents the best value to the Government. Contract carriers shall implement modification changes in commercial distribution and reservation systems within two (2) business days of the modification’s effective date.”

Please review Sections F.3 and F.4 of the FY22 Final RFP for additional guidance.

Attachments

4 & 5 Does NYC include EWR/LGA/JFK for INTL markets? I see in DOM each EWR/LGA/JFK are listed as individual markets.

Yes, NYC includes all three airports - EWR, JFK & LGA for international markets.

Attachment 6: Group 3

Are double connections acceptable for group 3 DOM and INTL markets?

Yes, double connections are acceptable in Group 3 markets.

52-214-4 (a) Inspection Acceptance applies to a contract carrier? Since we are providing air travel services between defined city pairs, doe this language apply to a carrier that does not provide supplies, servicing of specific equipment, or y professional services?

Services are applicable and included in the FAR 52.212-4(a) language, “The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.”

52-214-4 (h) Patent Indemnity applies to a contract carrier? Are there specific foreign patents, trademarks or copyrights, arising out of the performance of this contract that carriers should be aware of?

The language in FAR 52.212-4(h) Patent Indemnity is applicable to the CPP contract. The Contracting Officer is unaware of any specific foreign patents, trademarks or copyrights and cannot provide any additional guidance beyond confirming the applicability of the contract language.