Round_3_-_Q A_Final_RFP_(Posted_to_FBO_16_Dec_14).pdf

Sheppard Trainer Maintenance

FA3002-14-R-0011

Round 3 - Final RFP Question and Answers

(Posted to FBO on 16 Dec 14)

Type

Solicitation

Reference

(Section, page, paragraph, etc.)

PWS Reference

(paragraph, page, etc.)

Additional/

Cross

Reference

Discussion Comment/Question Response

11 T 52.245-1 Alt 1, RFP

Section I, page 33

2.1.24.2. 2.1.24.3 RFP Section I lists Far clause 52.245-1 Alt 1 as a clause incorporated by reference.

PWS 2.1.24.2 states “A joint inventory will be conducted and signed by the SP IAW the SP mobilization/changeover schedule, PWS paragraphs 2.1.19, FAR 52.245-1 and FAR 52.245-1 Alt 1.

PWS 2.1.24.3 states “In the case of damaged property, the amount of compensation due the Government by the SP shall be the actual cost of repair, provided such amount does not exceed the economical repair value. In the case of loss or damage beyond economical repair to equipment, the amount of the SP’s liability shall be the depreciated replacement value of the item to be determined by the CO.”

Clause 52.245-1 Alt 1 states “The Contractor assumes the risk of, and shall be responsible for, any loss of Government property upon its delivery to the Contractor as

Government-furnished property. However, the Contractor is not responsible for reasonable wear and tear to Government property or for Government property properly consumed in performing this contract.”

Please clarify which GFP items listed in the solicitation are to be covered by clause

52.245-1 and which items are to be covered by clause 52.245-1 Alternate 1 or recommend removal of clause 52.245-1 Alternate 1.

Additionally, recommend the Government add the following clauses:

52.246-23 - Limitation of Liability

52.246-24- Limitation of Liability – High Value Items

All Government Property and GFP items are to be covered under clause 52.245-1. The Alternate I to 52.245-1 was removed via Amendment 0001 to the solicitation; refer to the response to question #12 below for reasoning. The recommended liability clauses will not be added.

12 T/C Section I, Clauses The Government response dated 08 Oct 2014 number 5 stated that the Ground Flight

Risk Clause 252.228-7001 would not be included in this solicitation. The response further stated Clause 52.245-1 will be used to cover loss/damage of USG property.

We understand that 52.245-1 applies to all items listed in the RFP appendices.

It is unclear the level of contractor liability should damage occur to GFP not listed in the solicitation but which the contractor maintains (e.g. GITA, AGE, Static Display

Aircraft,…). Are these GFP items covered by the Ground Flight Risk Clause 252.228-

7001? For example, if the contractor inadvertently (no negligence) broke a fuel line and the GITA or AGE caught on fire, would the contractor be liable for the cost of repairs or replacement?

Please clarify the following:

1. Does the Ground Flight Risk Clause 252.228-7001 apply to GFP the contractor maintains but which are not listed in the solicitation?

a. If not, please provide liability values for each item for which the contract will need to provide insurance.

b. Please confirm that all bidders are to include liability insurance for GFP not listed in the solicitation but which the contractor maintains (e.g. GITA, AGE, Static Display

Aircraft,…).

2. Since the Ground Flight Risk Clause 252.228-7001 was included as part of the previous RFP, and is now revoked, the Ground Flight Risk Clause 252.228-7001 appears to tell contractors they cannot bill for insurance cost (See below).

The Ground Flight Risk Clause 252.228-7001 states:

(4) If the Government terminates its assumption of risk pursuant to the terms of this clause—

(i) The Contractor shall thereafter assume the entire risk for damage, loss, or destruction of, the affected aircraft;

(ii) Any costs incurred by the Contractor (including the costs of the Contractor’s self-insurance, insurance premiums paid to insure the Contractor’s assumption of risk, deductibles associated with such purchased insurance, etc.) to mitigate its assumption of risk are unallowable costs; and

(iii) The liability provisions of the Government Property clause of this contract are not applicable to the affected aircraft.

a. Please clarify assignment and scope of liability.

1. The Ground and Flight Risk Clause will not be added for the reason that GITA are not flying aircraft. AFI 21-101, para. 14.21.1.2, provides the appropriate classification for the GITA to be maintained under the ensuing Sheppard Trainer Maintenance contract. That is, the GITA at Sheppard are considered “Permanently Grounded GITAs (inactive)”. Para 14.21.1.2 states, “Assigned aircraft are not maintained in airworthy condition, and only the system/subsystem required for the specific training requirements will be maintained in operational condition for purposes of required maintenance training.”

2. DFARS 245.104 states, "In addition to the contract types listed at FAR 45.104, contractors are not held liable for loss of Government property under negotiated fixed-price contracts awarded on a basis other than submission of certified cost or pricing data." It is fully anticipated that award of the ensuing contract for Sheppard Trainer Maintenance services will be made without requiring submission of certified cost or pricing data. For this reason, Alternate I to 52.245-1 was removed for the reason that it is no longer applicable in accordance with the prescription at FAR 45.107(a)(2).

a. FAR 45.101, as does 52.245-1, defines Government Property as, “…all property owned or leased by the Government. Government property includes both Government-furnished property and contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.”

b. FAR 45.101, as does 52.245-1, defines Loss of Government Property as, "...unintended, unforeseen or accidental loss, damage, or destruction of

Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include occurrences such as purposeful destructive testing, obsolescence, normal wear and tear, or manufacturing defects. Loss of Government property includes, but is not limited to — (1) Items that cannot be found after a reasonable search; (2) Theft:(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; (4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair."

All trainers (GITA, AGE, etc.) and Statics are “Government Property” as defined in both FAR Part 45 and FAR clause 52.245-1. The statement at DFARS

245.104 indicatess that no contractor under a fixed-price contract awarded without certified cost or pricing data will be held liable for the loss of

“Government Property” as defined in the FAR.

3. The Government will not require all bidders to include liability insurance in their proposal.

4. For liability purposes, the Government Property clause, 52.245-1, will apply to all trainers and Statics.

13 T 3-1-23 Draft PWS Q/A

Dated 14 Aug 14

In accordance with the above references, please provide the current paint scores for

AGE and the Historical Static display aircraft.

Amendment 0001 to the solicitation added the most recent paint scores from December 2014 to the Performance Work Statement at Section J, Attachment

1.