Questions.RFP.Responses.pdf

United States Department of Justice RFP No. DJJA-06-RFP-0384

The Government’s Response to Potential Offerors’ Questions To the Request for Proposal

1. Section I, page 5, A.2. “additional sites that may be created during the life of the contract”

Is the Contractor expected to include pricing for the additional sites in the initial offer? Or will cost be recoverable at the time the additional sites are opened and treated as over and above requirements. Cost for each site requires staffing levels to match aircraft and schedules, tooling, GSE equipment, office space, office furniture and equipment, and logistical support (spare parts), snow removal equipment, etc.

The Offerors’ proposed pricing shall only reflect the operational sites currently described in the solicitation. If additional operational sites are created during the life of the contract, the Government may negotiate with the Contractor a supplemental agreement to the contract for work and associated costs that fall within the scope of the contract.

2. Is the offeror required to identify the specific eight (8) aircraft by category, type and model, and manufacturer serial number in its initial proposal?

Section II.H.2.1 of the RFP states the Contractor shall provide aircraft of the same category, class, type and series/model. Section VII.C.2.3.a. & b. also require offerors to identify these aircraft by the manufacturer’s serial number.

Accordingly offerors’ shall identify the eight (8) aircraft by category, class, type, series/model and manufacturer’s serial number.

3. Will the offeror be permitted to submit different aircraft serial numbers but same type meeting the salient characteristics for the pre-award inspection then what is offered in its initial proposal?

The apparent successful offeror shall physically present the aircraft identified in its proposal for the pre-award inspection by the Government.

4. Does the offeror need to demonstrate in its proposal that it has a commitment or controls of eight (8) aircraft of same type meeting the salient characteristics?

As noted in the Government’s response to Question No. 2 above, the offeror must identify aircraft proposed by manufacturer’s serial number. This adequately demonstrates the offeror’s commitment/control of the aircraft at the time of proposal submission.

5. Can the offeror indicate that it will provide a generic aircraft by category, type, and model, and without serial numbers that meets the salient characteristics?

No. Please refer to the Government’s response to Question Nos. 2, 3, and 4 above.

6. What happens to an offeror who receives notice of apparent successful offeror but fails to meet the Pre-award Inspection of Aircraft delivery dates as listed on page 101, Table No.1? Is there flexibility in these dates? If there is flexibility what is the flexibility?

The apparent successful offeror must meet the aircraft availability dates for the pre-award inspection; however, the Government appreciates that it may be very difficult (i.e., liability, cost, and availability) for the apparent successful offeror to fly the aircraft to the three locations indicated in the RFP for the pre-award inspection. Accordingly, the solicitation is revised under Amendment No. 002 to allow the apparent successful offeror to identify up to three (3) locations within the contiguous United States where some or all of the eight (8) aircraft shall be available for the pre-award inspection by the Government. The pre-award inspection schedule is also revised to allow more time for the pre-award inspection process. Please refer to Section VIII.B.4 of the RFP for more information.

7. Footnote on bottom of page 6 delete second “of” from sentence.

Amendment No. 002 deletes the second “of” from the sentence.

8. Page 7, Section I, paragraph D, fifth sentence, what is meant by “in a timely manner”.

The delivery dates are defined clearly in Table No. 5 page 30. Is the intent of these words to imply some flexibility in the delivery dates then what is required by Table No. 5 on page 30? If there is flexibility in these dates please define?

Amendment No. 002 revises the language to read within the time frames described in Table No.5 in Section II.N. of the RFP.

9. Page 10, Section I, G.4. c. Does this reimbursement apply to all Airworthiness Directives? Does it include AD’s on the airframe, accessories, engines, APU’s and landing gear?

This reimbursement applies to all ADs issued by the FAA following acceptance and delivery of the proposed aircraft by the Government and extends to airframe, engines, accessories, APUs, and landing gear.

10. Page 10, Section I, G.4. d. Does this reimbursement apply to all Manufacturer Mandatory/Alert Service Bulletins? Does it include manufacturer mandatory/alert service bulletins on the airframe, all accessories, engines, APU’s and landing gear?

This reimbursement applies to all Mandatory/Alert Service Bulletins issued by the equipment manufacturers following acceptance and delivery of the proposed aircraft by the Government and extends to all Mandatory/Alert Service Bulletins to include airframe, engines, accessories, APUs, and landing gear.

11. Page 13, Section II, E.3., mentions that the Contractor shall provide logistics inventory for each JPATS main operating site. What level of inventory is required?

Is this just tires and brakes? Does US Marshals require a recommended level of inventory? Will it be the minimum level inventory for the number of aircraft at each main operating station recommended by Boeing for a line station?

The level of inventory is at the Contractor’s discretion, but shall include all supplies, materials, and spare parts required for the aircraft to perform at acceptable levels. See also the Government’s response to Question No. 32 to the draft solicitation (which was posted on FedBizOpps on April 24, 2007).

12. Page 10, Section I, G.4.a. b. and h. Will the Contractor be able to recover material

(spare parts) used to replace items consumed for troubleshooting a defect or discrepancies under these line items?

The Contractor will be able to recover material (spare parts) used to replace items consumed for troubleshooting a defect or discrepancy only when the item consumption adheres to the policies and procedures contained in approved technical data (Aircraft Maintenance Manual, Structural Repair Manual, Wiring Diagram, Service Bulletin, Engineering Order, etc).

13. Page 10, Section I, G.4.a.b. and h., Who is responsible for cost the Contractor or the

Government for any items changed that are determined not to have been related to the defect or discrepancies?

The Government shall be responsible for the cost of any items changed and later determined not to have been related to the defect or discrepancy so long as the Contractor’s troubleshooting and replacement activities adhere to the policies and procedures contained in approved technical data (Aircraft Maintenance Manual, Structural Repair Manual, Wiring Diagram, Airworthiness Directive, Service Bulletin, Supplemental Type Certificate, Engineering Order, etc).

14. Page 10, Section I, G.3.2. second sentence “part 31’ should be capitalized

“Part”.

Amendment No. 002 revises this section to capitalize “part 31.”

15. Page 13, Section II, C.1. It states that the Contractor is suppose to “add or delete

JPATS operational sites” during the life of this lease. How many sites and when should we add and delete the associated cost of this requirement or will the cost associated with adding and deletion of operational sites be treated as an over and above requirement?

At this time the only operational sites identified in the solicitation are in Oklahoma City, Oklahoma; Mesa Arizona; and Alexandria, Louisiana. As indicated in Section II.C.1 of the RFP, the Government reserves the right to create additional operational sites during the life of the contract or to delete an existing operational site. Please also refer to the Government’s response to Question No. 1 above.

16. Page 13, Section II, E.2. It states that the Contractor shall be responsible for the GSA

(sic – GSE) maintenance at Alexandria. LA and Mesa, AZ operational sites. What about the GSA (sic – GSE) equipment add to support the additional operational sites added during the contract life? Is the Contractor expected to provide and maintain all GSA (sic – GSE) equipment at the additional operational sites? Or will this be handled as an over and above requirement within the contract?

Please refer to the Government’s response to Question No. 1 above. Please also refer to the Government’s response to Question # 43 of the Draft Solicitation (which was posted on FedBizOpps on April 24, 2007).

17. Page 13 & 14, Section II, E.4. Same question as in question 12 above. Will the adding or deletions to an operating site during the contract life be treated as an over and above requirement within the contract?

Please refer to the Government’s response to Question No. 1 above.

18. Page 14, Section II, E.5. “general maintenance” Does this include hangar, hangar doors, hangar lighting, electrical, painting walls and flooring and ceiling repairs?

Please define what is meant by general maintenance?

The Contractor shall not be responsible for the “general physical maintenance” (e.g. hangar repairs, electrical work, painting, etc.) of any of the operational site facilities. Rather, the Contractor shall be responsible for daily upkeep of these facilities (i.e., cleaning, housekeeping, etc.). Amendment No. 002 revises Section II.E.5 of the solicitation accordingly.

19. Page 14, Section II, E.6. Government GSA (sic – GSE) equipment. Is the Contractor responsible for maintaining the snow removal equipment provided at the main operating sites? Including the additional operational sites added during life of lease?

Pursuant to Section II.E.2 of the solicitation, JPATS will retain maintenance responsibility of GSE snow removal equipment positioned at the Oklahoma City, Oklahoma operational site. This snow removal equipment is available for use by the Contractor. With regard to the additional operational sites, please also refer to the Government’s response to Question No. 1 above with regard to additional operational sites.

20. Page 15, Section II, H.4.E. States that the Contractor shall deliver aircraft in compliance with FAA Airworthiness Directives? Is permanent compliance required at time of delivery or is repetitive compliance acceptable at time of delivery?

Repetitive compliance is acceptable at time of delivery so long as the particular Airworthiness Directive allows for repetitive compliance.

21. How will cost recovery be treated under page 10, Section I, G.4.1.c. if Contractor delivers aircraft with AD meeting repetitive compliance that can be delivered with permanent compliance at time of delivery?

Reimbursement for compliance with Airworthiness Directives (AD), in accordance with Section I.G.4.1.c. of the solicitation, is only for ADs issued after the Government has accepted and taken delivery of the proposed aircraft.

When an aircraft is delivered with an AD having a known repetitive compliance requirement, the repetitive compliance is not subject to reimbursement under the provisions of Section I.G.4.1.c. and as such the Contractor shall factor this expense into the Firm Fixed-Price portion of the contract as they shall with any other scheduled maintenance requirement. The same holds true for Mandatory/Alert Service Bulletins.

22. Page 16, Section II, H.4. F, The compliance with ……..from either manufacturer or

FAA approved maintenance program. Compliance can be accomplished in accordance with the recommended manufacturer maintenance program or in accordance with a FAA approved maintenance program. The manufacturer does only recommend a program and the FAA will not approve a maintenance program unless the Contractor is an approved air carrier under supervision by the FAA.

Should the words be added “in accordance”?

Amendment No. 002 revises the language to include “in accordance with…”

23. Page 18, Section II, H.4.2.W, iii, Must all aircraft be the same or is it permitted to have some aircraft with EFIS and other aircraft with analog displays?

As described in Section II.H.4.2.W.iii, the engine instrument/hydraulic displays may be either EFIS or analog. It is acceptable for some of the proposed aircraft to have EFIS engine instrument/ hydraulic displays and some to have analog displays. Although aircraft assigned at each operational site shall be configured similarly. Amendment No. 002 revises this section to clarify this requirement.

24. Page 18, Section II, H.4.3.A., One aircraft type has optional air stairs in the forward and ventral position of the aircraft. Is it acceptable for the Contractor to provide aircraft ventral air stairs only? Is it permitted to have some aircraft with forward air stairs and other aircraft with ventral air stairs?

All proposed aircraft must have operational forward self-contained and powered air stairs. Amendment No. 002 revises Section II, H.4.3. A. of the solicitation to reflect this requirement.

25. Page 19, Section II, H.4.4.A. Is there a the minimum pitch acceptable? 28”, 29”? or

30”?

All proposed aircraft must be delivered with 156 forward facing (coach) passenger seats with the interior configuration meeting Title 14 CFR Part 121 standards for the carriage of passengers.

26. Page 19, Section II, H.4.4.C. Cabin partitions removed? Is the intent to have view of the cabin area from the front to rear of aircraft. Some aircraft have a mid section galley with seats aft of the galley is this permitted?

It is the intent of the Government to have full view of the cabin area from the front to rear of the aircraft. All proposed aircraft must have cabin partitions removed. Amendment No. 002 revises Section II.H.4.4 C. to reflect that mid-cabin galleys are not acceptable.

27. Page 19, Section II H.4.4. B. change sentence to read …………………by FAR Part

121.

Amendment No. 002 revises this section of the solicitation accordingly.

28. Page 21, Section II, K.1. states Heavy Maintenance at each of the JPATS’ main operating sites. Sentence should read ……………….full Line Servicing and Line Maintenance. The Contractor is responsible for scheduling Heavy Maintenance as required at approved off site facilities.

Amendment No. 002 revises Section II.K.1. to reflect that the Contractor is responsible for performing full Line Maintenance and Line Servicing at the JPATS main operating sites and for performing scheduled and unscheduled Heavy Maintenance, as required, at Government-approved off site facilities.

Please also refer to the Government’s response to Question Nos. 5 and 20 of the Draft Solicitation (which were posted on FedBizOpps on April 24, 2007).

29. Page 21, Section II, K.3. Should add: 6. Emergency Off-Site Repairs: Labor and

Materials-As Required to be consistent with page 11, Section I, G.4.1.h.

Amendment No. 002 revises Section II.K.3 to add: “6. emergency off-site repairs”.

30. Page 23, Section II, K.5.21. states that Contract is to provide Logistics (Spares)

Inventory for each JPATS main operating site, What level of Logistics is required?

This seems to give the Contractor the ability to provide any level he elects.

The level, or quantity, of logistics spares (inventory) is at the Contractor’s discretion, but shall include all supplies, materials, and spare parts required for the aircraft to perform at acceptable levels. Please also refer to the Government’s response Question No. 11 above, and the Government’s response to Question No. 32 of the Draft Solicitation (which was posted on FedBizOpps on April 24, 2007).

31. Page 24, Section II, K.9. add “t” to word “lease”.

Amendment No. 002 revises this language accordingly.

32. Page 24, Section II, K.11. and K.12. Is the Contractor required to provide a “Dry” replacement aircraft when one of the eight aircraft requires a major maintenance events taking longer then fourteen days? Must the “Wet” or “Dry” aircraft be of the same category, type, series and model?

Yes, the Contractor is required to provide a “Dry” replacement aircraft when one of the eight aircraft requires a scheduled or unscheduled major maintenance event that is expected to take the leased aircraft out of commission for longer then fourteen (14) days. Dry aircraft offered by the Contractor as replacement aircraft must be of the same category, type, series and model as the replaced aircraft.

33. Page 25, Section II, K.12. Please confirm that the “WET” leased aircraft must be operated in accordance with FAA Part 121 or Part 125?

“WET” leased aircraft offered by the Contractor as replacement aircraft must be operated in accordance with Title 14 CFR Part 121 or 125.

34. Page 45, Section IV, A. (n), Title, Please confirm that title to spare parts purchased under this contract will remain the possession of the aircraft to which the item is installed. Please confirm that the parts removed from the aircraft and then repaired and returned to the inventory remain the property of the contractor.

Please refer to Section IV.C.2. of the solicitation. This clause states that title to the aircraft does not pass to the Government. In addition, spare parts purchased by the Contractor to support these aircraft are not the property of the Government and title to said parts does not pass to the Government.

35. Page 54, Section IV, E.1. Requirements of Aircraft public and passenger liability insurance are excessively low requirement based on industry standard? Will Government be responsible for claims amounts above minimum amounts required under the contract?

The aircraft public and passenger liability insurance limits are appropriate as stated in the solicitation pursuant to FAR 28.307-2(d). The Government will not be responsible for claims above the stated limits. Therefore, it is recommended that the contractor assess the risks associated with contract performance to determine appropriate insurance limits and risk control measures for their company.

36. Page 55, Section IV, F.1, Will the Government provide additional snow removal equipment at the additional sites when and if they are opened?

Please refer to the Government’s response to Question Nos. 1 and 9 above.

37. Page 59, M. (a) Is this limit a maximum of $1 million under the contract (includes base or any option year) or $1 million per aircraft per year in the base year or any optional year?

The maximum cumulative assessment for liquidated damages in any given year (i.e., base year or option year) of the contract is $1 million. This means that the Government may assess liquidated damages up to a maximum of $1 million in liquidated damages during any year of the contract.

38. Page 82, Section VII, C.1. 1. add the word “of” in first sentence after award.

Amendment No. 002 revises this section to add the word “of” after award.

39. Page 99, Section VIII, B.2.c. The Price evaluation factor for fuel is unrealistic based upon historical fuel pricing data. If the fuel price per gallon continues increasing based on the historical data (averaged 29% per year from 2002 through 2007) the average cost of fuel over a seven year period will be $12.25 per gallon. If the fuel price per gallon continues increasing based on the historical data (averaged 10% per year from 2000 through 2007) the average cost of fuel over a seven year period will be $5.68 per gallon.

This fuel price has a dramatic impact in the evaluation of this contract at the beginning and over the seven year term. The Government may elect not to renew an option year under the contract due to future cost fuel. I believe it would be fair and reasonable for the government to use a forward projection based on a historical five or seven year average in fuel cost versus $3.81 as stated in this section.

Fuel Cost burden to the Government over the life of seven years.

Based on a Base year through 2014, 1625 hrs per aircraft per year, 8 aircraft only, over seven (84 months) year term

Fixed Increase Increased Per Section VII Average 10% Average 29.6% $3.81 $5.68 $12.25 Boeing 737 $313,079,130 $466,742,640 $1,006,619,250

MD-83 $361,965,240 $539,622,720 $1,163,799,000

Will the government change $3.81 fuel cost per gallon to a fair and reasonable forward cost per gallon number?

Based upon its own research, the Government will apply a 4.86 percent annual escalation rate to the base fuel rate of $3.81 per gallon for evaluation purposes.

40. Reference to Section VIII –B.2.b. It states that the “price valuation will be for eight

(8) aircraft plus four (4) optional aircraft will be calculated and evaluated for the base yeaar (sic) and all the option years.” However, the pricing table Attachment 1 does not calculate the four (4) additional aircraft into the total prices for the base year and the option years. Is this an error? Will these aircraft be included in the pricing for the full term or not?

The Government does not intend to obtain the four (4) additional aircraft during the base year of the contract, so the observation that spreadsheet does not calculate the costs of these aircraft during the base year is correct. Second, the Government entered sample price data for the four (4) additional aircraft into the spreadsheet, and the spreadsheet correctly calculated the costs throughout the option years, as applicable, into the total price. Under Section I.F.3.1 and Attachment No. 1, Pricing Tables, of the RFP, the pricing for the four (4) aircraft is staggered throughout the life of the lease to represent “pricing points.” (See also the Government’s response to Question No. 18 herein).

41. Reference Section I, F.2.1 “Qualifications for presently assigned JPATS pilots are identified in Attachment No. 02 by location.” This should refer to Attachment No. 5 not Attachment No. 2.

Amendment No. 002 revises this language and changes Attachment No. 2 to

Attachment No. 5.

42. Please review Attachment No. 10, Pre-Award Delivery Inspection. I think there is a tab “Attch 2” in Attachment No. 10 which is not related to this procurement.

Amendment No. 002 revises Attachment No. 10 by removing “Attch 2”.

43. Please review Attachment No. 9. There appear to be an unrelated tab “Attch 2” in

Attachment No. 9 which applies to Turbo Prop aircraft. Should this be deleted or not?

Amendment No. 002 revises Attachment No. 9 by removing “Attch 2”.

44. How are the four additional aircraft added in the base year and each option year being evaluated? I see that we are to insert a monthly number for each additional aircraft but I cannot see how they are being evaluated in the overall proposal. Please explain.

The Government is evaluating the potential costs of the four (4) additional aircraft as explained in Section I.F.3.1 of the RFP and in the Government’s responses to Question Nos. 40 & 98 herein.

45. Cell E10 is missing a formula on Pricing Table No. 01. I cannot change or correct because the Pricing Table is write protected. Please correct.

Amendment No. 002 inserts the formula into Cell E10.

46. I was trying to work with Pricing Table Attachment No. 1 to find it write protected. I can insert information in Pricing Table No. 2, but not into Pricing Table No. 1. Your assistance is required.

Offerors are only required to only include a description of the aircraft and monthly pricing data as indicated in the blank cells of Pricing Table No. 1.

These cells are not write-protected. Embedded formulas in the write-protected cells automatically calculate the pricing when the offeror inserts its pricing data in the blank cells. The Government tested Pricing Table No. 1 and found that pricing data can be entered into the blank cells.

47. When the Government evaluates the fuel consumed for the based (sic) year and each option year will it just cover 8 aircraft or will it cover 12 aircraft for each period?

The pricing model has slots for four additional aircraft to be added in the base year and each optional year. I want to understand what is being evaluated.

Total lease cost, including the fuel cost, will be calculated and evaluated for twelve aircraft over the life of the contract. (i.e., the eight aircraft for the base year plus all option years, and the four additional aircraft for option year 1 through option year 7).

48. When or will the bidders attendee list be published?

The vendor participants list from the May 11, 2007, pre-proposal conference and site visit was published on FedBizOpps on May 25, 2007.

49. Item 5) “Small Business Considerations” states: “small business participation is strongly encouraged”. The term “strongly encouraged” is not specific. Please clarify how this will affect evaluations of proposals.

It is standard Government policy to maximize small business participation in federal procurements. There is no small business participation evaluation factor for this procurement, so the term “strongly encouraged” shall not be construed to mean anything other than what it states.

50. If a Large Prime does not bid per the specific goals called out in the RFP, will the proposal be deemed non-responsive, or will this be just a minor mark against the Offerors score?

As indicated in Section IV.R of the solicitation, the small business subcontracting goals are based upon the amount of total planned subcontracting dollars proposed by the offeror. For example, if a Large Business Prime Contractor plans to subcontract $8 million dollars over the life of the contract, then it must commit to providing at least 43 percent of that amount to small businesses. The Government will negotiate the final small business subcontracting plan with the apparent successful offeror before the contract is awarded.

51. If a large Prime does not meet the proposed goals during contract performance, what will be the Governments actions?

If a Large Business Prime Contractor does not meet the small business subcontracting goals during contract performance, it could be in breach of contract as described in FAR clause 52.219-9 Alt II, which is incorporated by reference in this solicitation (See Section IV.B(b)8(iii)). This could result in a number of different remedies, including, but not limited to the assessment of liquidated damages (See FAR 19.705-7) or termination of the contract.

52. Clearly, no small business (of $6.5 million/year) can possibly have the experience, called out in the RFP, regarding leasing or maintenance of multiple large jet aircraft.

Would the qualifications of a small business with just large aircraft experience be acceptable if the rest of the large business subcontractors bring the requisite past performance?

Small business prime offerors are welcome to subcontract with both small and large businesses that complement their ability to provide acceptable aircraft and associated services. If any offeror does not have relevant past performance experience, it will be given a neutral score under past performance as dictated by Federal Acquisition Regulation (FAR) part 15.305(a)(2). If said offeror also proposes subcontractor(s) that have the relevant past performance experience, the prime offeror’s neutral score will be averaged into the past performance scores of its subcontractor(s) to arrive at an averaged past performance score.

53. Would a Subcontractor with the above qualifications be deemed viable as either a

Prime or a major subcontractor?

Please note that a proposed subcontractor by its definition is not a Prime Contractor, nor will be treated as such by the Government. However, any small business currently serving as a subcontractor with large aircraft experience is encouraged to consider participating in this procurement as either a Prime Contractor or a subcontractor to a Prime Contractor. Absent a formal proposal, it is not appropriate for the Government to determine if such a business would be deemed as a viable Prime Contractor or subcontractor.

54. If a Small Business bids as Prime, that business will graduate immediately, based on the NAICS code. Is this Small Business Grandfathered in for the entire life of the Contract?

Under current regulations an offeror that meets the definition of a small business at the time of contract award will be considered a small business during the life of the contract.

55. If a Small Business is bid as a major Subcontractor and immediately grows out of the status, is the Small Business Grandfathered in for the life of the contract?

Under current regulations any proposed subcontractor that meets the definition of a small business at the time of contract award will be considered a small business during the life of the contract.

56. D. Notice to Proceed, the first paragraph states: “After a successful pre-award inspection of the initial eight (8) aircraft, the Government shall award a contract to the apparent successful offeror.” but, in Section VIII – Evaluation of Offers, paragraph B., 4. states: “Upon notice of the Government’s intention to award the contract, the apparent successful offeror shall have ten (10) calendar days in which to present the first three (3) of the eight (8) proposed aircraft for pre-award inspection by the Government at the JPATS main operational sites in Alexandria, Louisiana, Mesa, Arizona, and Oklahoma City, Oklahoma. Presentation of the remaining five (5) aircraft to the same location shall be staggered as illustrated in Table No. 1 below.”

When will a contract actually be awarded? After the first 3 or after all 8 aircraft are presented? Also, the table No. 1 does not illustrate the remaining 5 aircraft.

A Contract will be awarded to the apparent successful whose eight (8) aircraft successfully pass the pre-award inspection. Table No. 1 actually does illustrate all eight (8) aircraft; however, it is revised under Amendment No. 002 to represent this fact more clearly. In addition, as noted in the Government’s response to Question No. 6 above, the schedule for the pre-award inspection is revised under Amendment No. 002

57. Paragraph A.4. states: This long-term aircraft contract will replace short-term (three-year) aircraft leases that are expiring. If a contract for this RFP is not awarded on time (October 1), can you extend the current leases? If so, for what period of time?

The Government will endeavor to award the long-term lease in time for a smooth transition from the short-term leases to the long-term lease. If necessary, however, the Government can obtain aircraft on a short-term lease basis until the long-term lease is awarded.

58. Paragraph B.1. states: Currently at these sites JPATS utilizes six leased aircraft comprising of two (2) B-737-400 aircraft, two (2) Boeing 737-300 aircraft and two

(2) MD-83 aircraft, respectively. What are the ages and cycles of these aircraft? Do they meet all specifications of the current RFP? If not what specifications do they not meet?

This information is not relevant nor necessary for an offeror to prepare and submit a proposal.

59. Paragraph B.2. states: “The Government reserves the right to obtain additional aircraft for these and other JPATS locations under this contract, as circumstances dictate.” What are these circumstances?

A description of the circumstances that may affect the Government’s decision to obtain additional aircraft is not relevant nor necessary for the development of an offer. Please also refer to the Government’s response to Question Nos. 1 and 15.

60. 4. Paragraph C.1 states: “The Government reserves the right to add or delete JPATS operational sites and to increase or decrease the number of jet aircraft during the life of this lease, as circumstances dictate. What are these circumstances? Will this be subject to an Equitable Adjustment and/or the Changes clause?

Please refer to the Government’s responses to Question Nos. 1, 15, and 59.

61. Paragraph G.1 states: “Based on current mission flying schedules, JPATS’ estimated utilization rate for the proposed fleet of eight (8) aircraft will be approximately 13,000 flight hours and 7,200 landings (cycles) total per year. The estimated hours and cycles identified above are representative of the expected usage and as such actual hours may vary due to scheduling demands. If the actual hours vary, will the Contract be subject to an equitable adjustment and/or the Changes clause – up or down?

There will be no adjustment to the firm-fixed lease price, as a result of an increase or decrease in the in the number of hours and/or landings. These numbers are based on historical averages, and as such, represent an accurate estimate of annual aircraft utilization.

62. Paragraph K.8 states: “The Contractor is responsible for ensuring that each leased aircraft that is flown out of country on a JPATS mission or flown on a JPATS mission involving a Remain Over Night (RON) shall have a properly trained and certificated in-flight Airframe & Power plant (A&P) mechanic on board the aircraft.” Please identify these Countries.

The countries serviced by JPATS are internal to JPATS and its customers and will not be disclosed. However, JPATS currently flies to destinations within North America, South America, and the Caribbean Basin.

63. Do any of the Countries pose a security risk to our personnel? If so, will you be providing security and the appropriate Hazards insurance?

The countries serviced by JPATS do not pose a security risk to JPATS employees, nor its contractors. As such, the Government will not provide Hazard insurance.

64. If you cannot provide the data and/or an individual refuses to go on these missions, due to the fact that they were not informed up front about where they might be deployed or the security is deemed inadequate by either the Contractor or the employee, is this a breach of the contract? If not a breach, what will be the Governments recourse?

Failure on the Contractor’s part to provide an in-flight mechanic for remain over night (RON) or out of country missions will be dealt with by the Government on a case-by-case basis following standard policies and procedures detailed in the applicable sections of the Federal Acquisition Regulations (FAR), including, but not limited, to termination for cause.

65. If you do not identify these Countries, we cannot properly price individuals (and insurance premiums) who will be required to go on these trips. Therefore, once these Countries are finally identified – in a timely manner, will any additional costs be subject to an Equitable Adjustment?

If a Contractor believes it is entitled to an equitable adjustment, it may request one of the Government.

66. Paragraph K.12. If the Contractor provides Wet Lease aircraft, does the DOJ still provide or pay for all fuel?

The Government will be responsible for the cost of fuel for replacement aircraft regardless if the aircraft is a dry lease or wet lease.

67. Fuel is a concern throughout the contract. Does the DOJ provide fuel for all occasion, as in paragraph K.13, etc? This would include flights to scheduled or unscheduled maintenance facilities?

The Contractor shall be responsible for the cost of fuel for positioning/de-positioning flights and for maintenance ferry flights (i.e. flights to and from scheduled and unscheduled maintenance facilities) (see Section II.E.1 of the RFP), and for required maintenance test flights. The Government will be responsible for the cost of fuel for all operational missions (see Section II.F.3) and flights performed to determine airworthiness at the direction of the Government (see Section K.13).

68. If the contractor has to pay for fuel somewhere and it is deemed to be the

Government’s responsibility to provide or pay, will this be reimbursed as an ODC item?

Please refer to the Government’s responses to Question Nos. 66 and 67 above.

69. Paragraph B.,(e), (1), (i) states: “If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. If the Prime is a Small Business, do the large business subs have to comply with this? If so, what are the goals and NAICS code? If the Prime is a large business and the subs are large business, what are the goals and NAICS code requirements? Do these goals need to be in the proposal? If the requirements are not met in the Offerors proposal, will the offeror be deemed non-responsive? If a contract is let and the Contractor does not meet these goals, what actions will the Government take – specifically? Being that the majority of this Contract is Fixed Price, how will the Government monitor compliance with any of the small business goals?

This is a complex question, so the Government’s response is broken out in the following parts:

1) Small Business Prime Contractors/Large Business Subcontractors:

Neither Small Business Prime Contractors nor Large Business Subcontractors are required to comply with the small business subcontracting plan requirements;

2) Large Business Prime Contractor with Large Business Subcontractors:

If a Large Business Prime Contractor plans to subcontract some of the work, it must meet the required small business subcontracting goals stated in Section IV.R. of the solicitation, which means that the Large Business Prime Offeror must include small business subcontractors if it is proposing subcontractors;

3) Monitoring the Small Business Subcontracting Goals During Contract

Performance: The Government will monitor these goals through the use of the Electronic Subcontracting Reporting System (ESRS) (See Section IV.Q of the solicitation). Please also refer to the Government’s response to Question No. 51 above.

4) Small Business Subcontracting Goals in a Firm-Fixed Price

Environment: See the Government’s Response to Question No. 50.

70. Section B., 1.a “Aircraft”, subparagraphs 1) & 2) state: “In this regard, evaluation of the aircraft will be performed on a pass/fail basis. Offerors failing to pass this portion of the technical evaluation will not be further evaluated, nor will they be considered for award.” If an offeror were to bid more than one model aircraft, e.g., 737-400 & 737-500, would this be an absolute “fail”? What if an offeror bid some 737s and some MD 83s for example? What happens if no offeror meets the specs of the RFP?

If an offeror proposes a mix of aircraft (e.g. 737-400s & 737-500s; 737s or MD-

83s), this would not meet the definition of a standardized fleet, thus making the offer unacceptable. The Government has several options available to it should no offeror be successful in offering the required, standardized fleet of aircraft.

These include, but are not limited to revising and reissuing the solicitation or cancelling it all together.

71. Section B., 4. Pre-Award Inspection of Aircraft states: “Upon notice of the

Government’s intention to award the contract, the apparent successful offeror shall have ten (10) calendar days in which to present the first three (3) of the eight (8) proposed aircraft for pre-award inspection by the Government at the JPATS main operational sites in Alexandria, Louisiana, Mesa, Arizona, and Oklahoma City, Oklahoma. Presentation of the remaining five (5) aircraft to the same location shall be staggered as illustrated in Table No. 1” What will be the Governments action should the successful offer not deliver the aircraft as proposed and/or per the above paragraph?

The schedule for the pre-award inspection of the eight (8) aircraft is revised by Amendment No. 002 (Please refer to Section VIII.B.(a)4. of the RFP). If the apparent successful offeror fails to deliver the aircraft it proposes and/or fails to deliver them in accordance with this schedule, their proposal will be deemed unacceptable, and they will not be further considered for award. The Government will then instruct the next highest rated offeror to deliver its proposed aircraft for inspection.

72. Section B., 4., (c), states: “The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Can an offeror price the Base period at, for example: $150 million and then the following options at $75 million per year? At what point or what does the Government consider a significantly unbalanced offer?

It is not appropriate to speculate if an offer is unbalanced before it is formally received and evaluated by the Government. The Government will use a number of methods to determine if a price is unbalanced.

73. The latest news is that Congress is about to pass legislation which will turn millions of illegal aliens into legal aliens. If this passes, and it appears it will pass, will this affect this contract? If so, can you provide metrics of how many illegal aliens are transported and where? This could be a tremendous risk to a contractor.

The Government cannot speculate what Congress will do regarding any immigration legislation. The long-term lease is designed to account for increases and decreases in aircraft payload, but the Government cannot predict the magnitude of potential increases or decreases.

74. Would the Government consider revising the RFP into to (sic) RFP’s, one for the lease of aircraft and another for the maintenance and service of aircraft?

No, the RFP will cover both the lease of and maintenance/service of the aircraft.

75. In the absence of a revision to the RFP, would the Government consider awarding the aircraft portion of the contract to one contractor, and the services and logistics program to another contractor?

No, the Government will award a single contract for aircraft and associated services to the offeror who provides the best value to the Government.

76. Will the Government consider leasing the aircraft from an owner trust investment vehicle, provided, of course, the proposed structure is fully consistent and complies with the Government’s need as set forth in the RFP?

According to the vendor who submitted this question, an “owner trust investment” is an arrangement where the Government pays the monthly invoices to a third party (e.g., a finance firm partnered with the Prime Contractor), who then pays the Prime Contractor and subcontractors, as applicable. This arrangement is acceptable to the Government, and FAR clause 52.232-36, Payment by Third Party (May 1993), is incorporated into the solicitation and resulting contract by reference (See Section IV.B.(b)(33) of the RFP).

77. Will the Government prefer to lease aircraft directly from a subcontractor, rather than through a sublease from the Contractor with the winning bid?

The Government will award a contract to one Prime Contractor. Privity of contract shall be between the Government and the Prime Contractor, not any of the Prime Contractor’s subcontractors.

78. How does the Government envision the use of its option to lease additional aircraft?

Would the Government agree to pay a fee for such an options?

No, the Government will not agree to pay any fee to exercise an option to lease additional aircraft. A pricing point schema was developed (see Section I.F.3.1) for offerors to price additional aircraft that may be leased later in the contract.

79. What is the timeframe for the implementation of a training program for pilots not qualified to fly MD-83s? Has the Government established a deadline by which such a training program must be completed?

Sections I.F.2.1 and I.F.2.2, and Sections II.J.1.1. and II.J.1.2. of the solicitation state that any required pilot training be completed prior to final delivery of propose aircraft. Final delivery dates for proposed aircraft are identified in Section II, Table 5, of the solicitation.

80. Please provide further description to the Oklahoma City maintenance program. What types of services performed on-site and what types of services are outsourced to third parties?

Any descriptions of the maintenance program as it now exists in Oklahoma City is irrelevant as the maintenance requirements described under the long-term lease solicitation differ from the maintenance requirements described under the current short term lease contract. Generally speaking, Line Maintenance and Line Servicing activities on leased aircraft occur at the Oklahoma City operational site.

81. Please describe how the coordination of unscheduled maintenance events has worked in the past?

Any discussion of the unscheduled maintenance coordination as it exists under the current short-term lease is irrelevant as the unscheduled maintenance requirements of the long-term solicitation differs from the maintenance requirements under the current short term-lease contracts.

82. To what extent is there flexibility in the Contractor’s ability to cure a default?

Since the contract has not been awarded, it is premature to address the

Contractor’s flexibility to cure a default during the life of the contract.

However, please refer to Section IV.A.(m) of the RFP for the clause describing the termination for cause (or default).

83. Will the Government allow the aircraft the Contractor (sic) to swap engines?

Yes; however, all substitutions of aircraft and engines must comply with the requirements of the contract and be inspected and accepted by the Government.

Please also refer to Section II.O.1 of the solicitation for additional information.

84. Does the Government prefer a power-by-the-hour maintenance program or more standardized program coordinated by the Contractor?

The Government has no preference; offerors shall propose a program that meets the requirements of the solicitation and offers the greatest economy and efficiency to the Government.

85. Please describe the procurement process for parts, maintenance, expenses, and other related expenses?

The cost for parts, maintenance (scheduled), logistics and training shall be built into the firm-fixed price. Unscheduled maintenance and travel (as defined in Sections I.G.3. & 4.) will be ordered following the procedures in Section III.C. of the solicitation.

86. What are the Government’s payment terms? Are there penalties for late payments?

Pursuant to Sections IV.A.(g)2 & (i) of the RFP, payment will be made in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

87. Please describe the conditions that would result in the Government exercising its right to terminate the contract for convenience? Has this ever occurred?

It is premature to speculate on the conditions that would necessitate the termination of the contract for the convenience of the Government before the contract is even awarded. For additional information about termination for convenience, please refer to Section IV.A.(l) of the solicitation.

88. Please provide example for termination for “cause” and can the term be more specifically defined.

Please refer to the Government’s response to Question No. 82 above.

89. Will the Government indemnify and hold harmless the Contractor and Sub-

Contractors for incidents and accidents relating to the aircraft and engines stemming from gross negligence or willful misconduct of Government employees? If the answer is “no”, what is the applicable legal standard by which the Government is responsible for the actions of Government employees in connection with an accident or incident?

Please refer to Section IV.A.(d) of the solicitation.

90. **Reserved** (The Question was withdrawn by the Vendor)

91. Will the Government reimburse the Contractor for the costs to repair an engine due to a FOD ingestion event (unscheduled repair)?

Please refer to Section IV.E.4 of the solicitation. The Contractor shall obtain hull insurance with a provision for coverage of Foreign Object Damage. JPATS shall be limited to $100,000 in liability or the amount of the deductible on that hull insurance policy whichever is less for the cost of repair of damage to the aircraft that is a result of FOD.

92. With respect to the requirement that the engines have at least 21,000 lbs. sea level static thrust, can the Government clarify if this number is an approximation or rounded number (e.g., would 20,850 lbs of thrust be sufficient to meet this requirement), or is it an absolute technical minimum thrust requirement?

As indicated in Section II.H.4.1.H of the solicitation, 21,000 lbs thrust at sea level is an absolute technical minimum.

93. Will the Contractor be required to purchase fuel, supply it to the aircraft and/or invoice the Government for the fuel?

Please refer to the Government’s response to Question No. 67 above.

94. Under the Government’s price evaluation section, the Government indicates that it will calculate and add the cost of fuel to the Contractor’s proposed contract price. Is this calculation included for evaluation purposes only? Will the Government pay for all fuel used in the program? Will the Contractor be in any way liable for the cost of fuel used in the program?

Please refer to the Government’s response to Question No. 67 above regarding the Contractor’s liability for the cost of fuel. As indicated in Section VIII.B.2.b, the fuel cost calculation described in Section VIII.B.2.c is included in the total propose price for evaluation purposes.

95. The RFP appears to require the Contractor to transfer all eight (8) aircraft to all three

(3) main operational sites within a relatively short time frame. Under some circumstances, this procedure could be inefficient to the Government. Would the Government consider alternatives to this procedure?

Amendment No. 002 revises the pre-award inspection schedule. Please refer to the Government’s response to Question Nos. 6 & 71.

96. Given the significant undertaking required to provide all eight (8) aircraft within an

18-day period, such as removing the aircraft from airlines and other operational settings, with (sic) the Government allow some flexibility in the requirement to present the aircraft in accordance with the Pre-Inspection Award Requirements?

Please refer to the Government’s responses to Question Nos. 6 & 71.

97. Given the significant undertaking required to provide all eight (8) aircraft within an

18-day period and the difficulties that previous contractors have had in providing aircraft in a timely manner, will the Government evaluate the Offeror’s firm commitment and ability to…