Attach_21_Contractor_Responsibility_Determination_Questionnaire_15FEB2023.docx

DoD Contractor Responsibility Determination Questionnaire Mandatory Minimum Standards to Receive Department of Defense Contract ACQUISITION IS IN SUPPORT OF THE UNITED STATES’ NATIONAL DEFENSE. This acquisition is in support of the United States’ national defense around the world. The A-10s must be mission capable at all times. As a mission partner, responsible Department of Defense (DoD) manufacturers are critical to the U.S.’ national security and thus, must demonstrate below that they are a responsible DoD manufacturer that delivers quality A-10 parts to the warfighters by the required delivery times.

IAW FAR 9.104-1 General standards. To be determined responsible, a prospective contractor must provide proof in enough detail to give the Govt the confidence that the manufacturer is -

1. How does the firm have adequate financial resources to cover cost experiences during the production of the part(s) or the ability to obtain them considering the market conditions?

DOD MANUFACTURER’S ANSWER:

NOTE 1. FAR FFP Terms and Conditions. As a responsible DoD manufacturer, adequate financial resource is required to protect the DoD manufacturer from failing to perform and defaulting on the contract requirement of delivering quality A-10 parts by the required delivery times. The terms of conditions of FFP contract type is in FAR 16.202-1, Firm-Fixed Price Description, “A firm-fixed-price contract provides for a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss. It provides maximum incentive for the contractor to control costs and perform effectively and imposes a minimum administrative burden upon the contracting parties.”

NOTE 2. Defaulting on FFP Department of Defense (DoD) Production Contracts for Major Weapon System Parts. If a DoD contractor fails to perform and deliver quality A-10 parts by the required delivery times and the Govt did not cause the failure, the Dispute clause (52.233-1), FAR 49.402-3, and FAR Clause 52.249-8 (a) (1) (ii) Default (Fixed Price Supply and Service) requires immediate legal proceedings for termination for default (ie..issue Cure and Show Cause Notices) to discourage the default on current and future DoD contracts and to return immediately to the production schedule that meets the required delivery times.

NOTE 3. Economic Price Adjustment clause (52.216-6) not authorized for supply chain management buys. The prices must be from “an established catalog or market price for a commercial product sold in substantial quantities to the general public.”

2. Please explain how the manufacturer will be able to comply with the required delivery times or proposed if shorter time taking into consideration the current market conditions and all the existing and future commitments.

DOD MANUFACTURER’S ANSWER:

Include milestone schedules to demonstrate the required delivery times can be met reasonably. The offeror’s milestone schedules must be in a format that can be attached to SECTION J of the contract per SECTION L 8.3.1.3. “Milestone schedules for all of the Govt’s required delivery times in a format that clearly demonstrates that the offeror can meet the requirement. The format must allow the milestone schedules to be attached to SECTION J of the contract.”

3. Technically Capable of producing and delivering quality A-10 parts by the required delivery times.

(a) Demonstrate how your firm has the technical capability and past experience, if applicable, of meeting the Govt’s requirement with quality A-10 parts by the required delivery times.

DOD MANUFACTURER’S ANSWER:

(b) How does your firm have “the necessary production, construction, and technical equipment and facilities or the ability to obtain them.”

DOD MANUFACTURER’S ANSWER:

(c) How does your firm have the “necessary organization, experience, accounting and operational controls or the ability to obtain them. This includes. as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors.”

DOD MANUFACTURER’S ANSWER:

4.The DoD Manufacturer Must Have Satisfactory Performance Record to Include Record of Integrity and Business Ethics. A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2. On-time delivery is a major acquisition problem in supporting our national defense. Historically, more than 65% of Hill AFB deliveries of spares to repair major weapons are late or cancelled/terminated despite of all of the contract extensions.

(a) Please explain how the DoD manufacturer works in good faith with the Govt and has satisfactory record of integrity and business ethics.

DOD MANUFACTURER’S ANSWER:

(b) Has the DoD manufacturer failed to perform and defaulted on a firm-fixed price contract type “on the basis of the contractor’s cost experience in performing the contract”? Please list, for the past three years, and currently contracts for similar/same A-10 parts (FSC 1560) and if your firm successfully delivered quality parts by the required delivery times on the contract and the customer’s POC information (PM/ engineer).

DOD MANUFACTURER’S ANSWER:

NOTE 1. Please provide the manufacturer’s history on the subject as required in SECTION L, “As part of the response the offeror shall submit current and recent (past 12 months) of performance record(s). By the offeror providing the Govt’s records this gives the offeror the opportunity to dispute the Govt’s records with their own record as part of their proposal that will be considered:

(1). From Govt source(s). For example, DCMA office and Contractor Supplier Risk Report from the Supplier Performance Risk System (SPRS) via Procurement Integrated Enterprise Environment (PIEE.eb.mil).

(2). From the Manufacturer. At the minimum, the manufacturer’s record must show for the past 12 months all of the Department of Defense contracts that were terminated or cancelled due to the manufacturer’s failure to perform. The manufacturer will list the contract number with modification number that terminated/cancelled the contract, its effective date, the reason for the manufacturer’s failure, and their implemented cure(s) for each contract to meet the required delivery times and to avoid such failures in the current and future DoD contracts. The manufacturers performance record that shows on-time delivery (OTD) rate and quality rate, if available.”

NOTE 2. Recent/current performance record(s) of the past 12 months. A satisfactory performance record is met when the current On Time Delivery (OTD) rate and Quality rate from DCMA are equal to or greater than 70% each. Please note DCMA is the quality administrative agency for all DoD production contracts and is responsible for the overall performance rating for the buying commands (DLA and USAF).

Satisfactory Performance Record(s): For the Past 12 months.

Please provide your current DCMA OTD rate:___and Quality rate: _______;

Please provide your current SPRS OTD rate:___and Quality rate: _______;

If available, please provide manufacturer’s current OTD rate:___and Quality rate: _____

5. Be otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation prohibition at 9.108).

Is your firm a qualified small business for this acquisition? NOTE. The acquisition is 100% set-aside to manufacturers that are registered in SAM.gov as Women-Owned Small Business (WOSB) and Economically Disadvantaged Women-Owned Small Business (EDWOSB) for NAICS Code for 336413, Other Aircraft Part and Auxiliary Equipment Manufacturing 1250 employees).

DOD MANUFACTURER’S ANSWER:

I, _____________ certify that I have reviewed and attest to meeting all the above standards in order to receive a DoD contract and have provided with the bid all the necessary documents to my attestment.

NAME, POSITION TITLE, DATE