Attach_TBD_Contractor_Responsibility_Determination_Questionnaire.docx

DoD Contractor Responsibility Determination Questionnaire Mandatory Minimum Standards to Receive Department of Defense Contract

1. 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 partner, responsible Department of Defense (DoD) manufacturers are critical to the U.S.’ national security and thus, must deliver on-time, by all the required delivery times, quality A-10 parts to the warfighters.

2. 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 -

(a) Technical Capable of producing quality A-10 parts on the RFP. .

(b) Has “the necessary production, construction, and technical equipment and facilities or the ability to obtain them.”

(c) Has 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.”

(d) Has adequate financial resources to cover cost experiences during the production of the part or the ability to obtain them. This is required under an FFP contract agreement to protect the Govt from DoD contractors defaulting/ refusing to perform on Department of Defense contracts because they do not have adequate financial resources to cover cost experienced during the production of the assets. For reference, below is the FAR definition of FFP that is also provided in the RFP page 2 paragraph 5:

“5. CONTRACT TYPE: FAR DEFINITION OF FIRM-FIXED PRICE (FFP) CONTRACT TYPE

“16.202 Firm-fixed-price contracts.

16.202-1 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”.

The Firm-Fixed-Price contract agreement is bi-lateral. Both the Govt and the Contractor is bound by the terms of the FAR’s definition of FFP. Per the FFP definition the Contractor does not have the right to request for relief for “cost experience in performing the contract” regardless if profit is lost or not - nor does the Govt have the legal right to provide such relief per the FAR and the Dispute clause (52.233-1) in the RFP/contract; thus, if such request is received it should be rejected per the Dispute clause. If the Contractor fails to perform and meet the terms of the FFP contract default procedures should start immediately per the Dispute clause. “

(e) Has satisfactory record of integrity, business ethics, and satisfactory performance record. 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; Recent/current performance record(s): Past 12 monthsFor example, the manufacturer does not intentially under bid DoD contracts just to receive the award from other small businesses with the intentions of turning-around post-award and demanding the Govt to provide relief that is not allowed under FFP contract terms by either parties. Has the contractor defaulted and failed to meet their terms of a firm-fixed price contract type “on the basis of the contractor’s cost experience in performing the contract” due under bidding their cost. 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).

Please provide the manufacturer’s history on the subject as required in SECTION L, see below;

“8.3. The offeror shall complete and submit a signed DoD Contractor Responsibility Determination Questionnaire with supporting documents mentioned. As part of the response the offeror shall submit -

8.3.1. Past 12 months recent/current 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. Recent/current performance record(s): Past 12 months.

8.3.1.1 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).

8.3.1.2. From the Manufacturer. At the minimum, the manufacturer’s record must show for the past 12 months all of the Govt contracts that were terminated or cancelled due to the manufacturer defaulting on the Govt’s requirement and what the firm’s cure was for each to avoid defaulting on future contracts. The manufacturer will list the contract number, termination/cancellation date, the problem encountered, and the manufacturer’s cure for each to prevent defaulting on future Department of Defense contract(s). The manufacturers performance record that shows on-time delivery (OTD) rate and quality rate, if available.

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.”

(f) Please explain how the manufacturer will be able to comply with the proposed delivery schedule taking into consideration the current market conditions and all the existing and future commitments.

All production contracts for stock in support of national defense have a “DO” rating per the Defense Priority and Allocation System (DPAS) clause 52.211-15. DO rating parts have a higher priority than commercial orders in the production line to include at the subcontractor level. Yet, historically, more than 65% of the DoD deliveries are late despite of all of the contract extensions. On-time delivery is a major acquisition problem in supporting our national defense.

In order to be a responsible DoD manufacturer, the contractor must meet the Govt’s requirement that includes all the required delivery times. In this section the contractor must explain how they have the capability to meet all of the Govt’s required delivery times and include milestone schedules as part of the proposal. The offeror’s milestone schedules is part of the proposal/contract and thus, must be in a format so it can be attached to SECTION J of the contract. Recent/current performance record(s): 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: _____

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

The manufacturer must be registered as WOSB or EDWOSB and provide such proof with their proposal.

The acquisition is set-aside 100% to small businesses with the socioeconomic status of 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); FSC: 1560 - Airframe Structural Components. IAW FAR 6.2 Full & Open Competition (F&OC) After Exclusion of Sources.

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