FA8121-21-R-0002_Amend0003.pdf

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

2. AMENDMENT/MODIFICATION NO.

FA8121-21-R-0002-0003

3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO.

FD20301800713

5. PROJECT NO (If applicable)

6. ISSUED BY CODE

DEPARTMENT OF THE AIR FORCE, AFSC PZAAA

3001 STAFF DR STE 1AF1 98C

TINKER AFB OK 73145-3303

BUYER: Shannon Gumto/AFSC/PZAAA shannon.gumto@us.af.mil Phone: (405) 739- 7770

7. ADMINISTERED BY (If other than item 6) CODEFA8121

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE

X

9A. AMENDMENT OF SOLICITATION NO.

FA812121R0002

9B. DATED (SEE ITEM 11)

19-MAR-2021

10A. MODIFICATION OF CONTRACT/ORDER NO.

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. 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 ) 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; or ( c ) By separate letter or telegram 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 telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 17-MAY-2021 3:00 PM

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

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

E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copies to the issuing office.

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

FMS REQUIREMENT

Routine

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

15B. CONTRACTOR/OFFEROR

BY ________________________________________________________

(Signature of person authorized to sign)

15C. DATE SIGNED

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

16B. UNITED STATES OF AMERICA

BY ____________________________________________________

(Signature of Contracting Officer)

16C. DATE SIGNED

FACILITY CODE

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE

30-105 STANDARD FORM 30 (REV. 10-83)

PRESCRIBED BY GSA

FAR (48 CFR) 53.243

X

X X

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.

FA8121-21-R-0002-0003

Continuation of block 14. DESCRIPTION OF AMENDMENT/MODIFICATION

The purpose of this amendment is to extend the proposal due date from 10 May 2021 to 17 May 2021, change Option Year III and Option Year IV to "To Be Negotiated (TBN)" and to incorporate answers to offeror questions.

Contractor Questions w/ Government Responses-Second Round

Subject: FA8121-21-F-0002, 229 Combustion Chamber Date: 05 May 2021

Question:

Prior Government Answer: If this issue is identified by the contractor, the statement and supporting justification will need to be submitted at the time of proposal.

The supporting justification is a potential refusal from the government to our export license request. Will we know who is the FMS end-user? Yes, the FMS end-user will be known.

If we will not know and the chamber will arrive to us as USAF-FMS without end user, then the problem should not exist. As we export to USAF and no other country is mentioned.

However if we receive an asset that says USAF-for Country X, then we need to ask for an export license to country X. And only at that point we will have the supporting justification (acceptance/refusal letter from the government). I am hoping that for this contract the items will be shipped only with the USAF-FMS label – and when back in Tinker will be then dispatched to which ever country.

Can you please give me a feedback on this so I can add a point to the cover letter? The FMS end user will be known for each issued delivery order. There is no USAF/FMS shipment mechanism available at Tinker AFB to accommodate the scenario proposed above. We recommend that if the Offeror is aware of any potential export license issues, the Offeror should disclose them at the time of the proposal.

Question:

Prior Government Answer: Offerors are encouraged to submit all pricing for all years in order to be considered for contract award.”

FOLLOW-UP CONTRACTOR QUESTION: The government’s answer to the above question fails to acknowledge that the OEM has not published a catalog, and in fact has not confirmed when, or even if, parts will be available. This calls into question not only cost/price for any bid plus, but also production/procurement lead time for any orders and availability of parts for execution of the new contract immediately after contract award, if at all. Any contractors’ ability to perform is questionable at this point:

1. To ensure a constructive sole source contract in violation of FAR part 6.3, will the Government require assurances from the OEM to offer the same unit pricing

Amendment/Modification FA8121-21-R-0002-0003 information to all SAR approved contractor(s) in a timely manner to support a competitive proposal submission. Derco, A Lockheed Martin Company, has signed an exclusive international distribution agreement to be Pratt & Whitney’s sole and exclusive third party distributor to support the F100-PW-220/229 engine system. The Government has confirmed that Derco is the only authorized distributor for these parts. The Government has also confirmed that Derco is making pricing information available to all requesting Offerors. Should Offerors encounter difficulties obtaining pricing for parts from Derco, the Contracting Officer should be notified immediately for resolution. Offerors are encouraged to submit quoted material prices from Derco with their proposal in order to ensure fair competition.

2. Will the government assure that the OEM is positioned to supply repair parts that will enable the winning contractor to perform under the contract? The Government has verified that Derco is willing and eager to support the Contractors to perform under the contract.

3. Will the government agree that an excusable delay applies where OEM lead times for parts does not support the government’s remanufacture schedule? Delays will be reviewed on a case-by-case basis and the circumstances surrounding the delay.

4. If the Contractor is unable to perform due to lack of repair details, will the government consider a Termination for Convenience rather than a Termination for Default? Per FAR 49.401(b), “If the contractor can establish, or it is otherwise determined that the contractor was not in default or that the failure to perform is excusable; i.e., arose out of causes beyond the control and without the fault or negligence of the contractor, the default clauses prescribed in

49.503 and located at 52.249 provide that a termination for default will be considered to have been a termination for the convenience of the Government, and the rights and obligations of the parties governed accordingly.”

Accordingly, each termination will be reviewed on a case-by-case basis.

Question:

In reference to the SOW document provided under Solicitation no. FA8121-21-R-0002, clause 1.0 (General) in Section I (Scope) reads as follows: “… work requirements to return…Combustion Chamber listed below… to a serviceable, like new condition.

F100-PW-229 Combustion Chambers received by the contractor, as set forth in this contract, shall be remanufactured, modified, tested, prepared for storage and shipped…”. Then it refers to the applicable TO as 2J-F100-53-7 (which is the technical manual for depot maintenance instructions of a Core Engine Module of said engine).

Under this TO, the terminology “like new” or “remanufactured” is not defined at all. Under Work Package 458 (WP-458-00) to this TO, which contains the technical procedures for “Chamber Assembly, Combustion – Repair”, there are instructions for the repair of the Combustion Chamber as part of Depot Maintenance (i.e. Overhaul).

Amendment/Modification FA8121-21-R-0002-0003

Furthermore, under clause 3.1.9 to in Section III (Work Requirements) of the said SOW, it reads as follows: “Remanufacture, to the maximum extent, is desired when such remanufacture is economically feasible”.

Hence, please clarify if the meaning of “remanufacture” of a combustion chamber to be returned in a “serviceable like new” condition means to follow the OEM depot maintenance instructions of manual TO 2J-F100-53-7 as defined by that manual (meaningly to overhaul the combustion chamber and replace all parts in order for it to have again a TBO of 6,000 cycles remaining).

Otherwise, if there is some other definition of the terms “remanufacture” and/or “like new”, please clarify accordingly and elaborate as to the exact technical definitions of these terms. Similarly we’d need a clarification as to the meaning of the wording of “remanufacture, to the maximum extent”. The term “remanufacture” is defined by the criteria found at FAR 22.1003-6 “Repair distinguished from remanufacturing of equipment” on acquisition.gov. The Government has confirmed that “By “remanufactured” to a “serviceable like-new” condition we mean to perform all overhaul requirements in the depot level technical orders. And to complete the replacement of all parts in order to provide 6000 cycles remaining on the part.”

Due to high cost of spare parts and the volume of this program, will the government support advanced payments for procurement of LLI (long lead-time items)? The Government will not be supporting advanced payments for this effort.

PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

Combustion Chamber USAF (Option Year 3) - Remanufacturing

Item No.

To Be Negotiated Best Estimated Qty

U/I Unit Price

65 EA TBN

CLIN ACRN ACRN Total

3001 AA

GROUP STOCK NO P/N CAGE

Group 001 Input 2840-01-448-6990 NZ 4083194 And/Or

2840-01-448-6990 NZ 4086420-01

GROUP STOCK NO P/N CAGE

Group 001 Output 2840-01-448-6990 NZ 4086420-01

NSN: 2840-01-448-6990 NZ

CHAMBER,COMBUSTION,

Sie/Dim: Approximately 30 inches round X 20 inches long. Function: The function of the combustion chamber is to take compressed air, mix it with fuel and then have the mixture ignited, which will create thrust. Predominant material of manufacture: Titanium Critical Safety Item (CSI)

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow (WAWF) Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

Title Number Date Tailoring

ISO 9001-2008 2000

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3211 ORIGIN

Class I ODS Substance Application/Use Quantity None None None Type / Ship To PACRN Mark For

A SW3211 PAA ACCT 09

Type / Ship To Quantity (U/I) *ARO Funded

Order or Reparable Assets, Whichever is Later

Req No / Pri

Combustion Chamber USAF (Option Year 3) - Remanufacturing

Required Delivery

A SW3211 6 EA *30 Calendar Days

Proposed Delivery

A SW3211 6 EA

Combustion Chamber FMS (Option Year 3) - Remanufacturing

Item No.

To Be Negotiated Best Estimated Qty

U/I Unit Price

2 EA TBN

CLIN ACRN ACRN Total

3002 AB

GROUP STOCK NO P/N CAGE

Group 001 Input 2840-01-448-6990 NZ 4083194 And/Or

2840-01-448-6990 NZ 4086420-01

GROUP STOCK NO P/N CAGE

Group 001 Output 2840-01-448-6990 NZ 4086420-01

NSN: 2840-01-448-6990 NZ

CHAMBER,COMBUSTION,

Sie/Dim: Approximately 30 inches round X 20 inches long. Function: The function of the combustion chamber is to take compressed air, mix it with fuel and then have the mixture ignited, which will create thrust. Predominant material of manufacture: Titanium Critical Safety Item (CSI)

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow (WAWF) Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

Title Number Date Tailoring

ISO 9001-2008 2008

Foreign Military Sales :FMS Case:

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Class I ODS Substance Application/Use Quantity None None None Type / Ship To PACRN Mark For

A TBD PAB

Type / Ship To Quantity (U/I) *ARO Funded

Order or Reparable Assets, Whichever

Combustion Chamber FMS (Option Year 3) - Remanufacturing

Required Delivery

A TBD 1 EA *30 Calendar Days

Proposed Delivery

A TBD 1 EA

Combustion Chamber USAF (Option Year 4) - Remanufacturing

Item No.

To Be Negotiated Best Estimated Qty

U/I Unit Price

65 EA TBN

CLIN ACRN ACRN Total

4001 AA

GROUP STOCK NO P/N CAGE

Group 001 Input 2840-01-448-6990 NZ 4083194 And/Or

2840-01-448-6990 NZ 4086420-01

GROUP STOCK NO P/N CAGE

Group 001 Output 2840-01-448-6990 NZ 4086420-01

NSN: 2840-01-448-6990 NZ

CHAMBER,COMBUSTION,

Sie/Dim: Approximately 30 inches round X 20 inches long. Function: The function of the combustion chamber is to take compressed air, mix it with fuel and then have the mixture ignited, which will create thrust. Predominant material of manufacture: Titanium Critical Safety Item (CSI)

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow (WAWF) Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

Title Number Date Tailoring

ISO 9001-2008 2000

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3211 ORIGIN

Class I ODS Substance Application/Use Quantity None None None Type / Ship To PACRN Mark For

A SW3211 PAC ACCT 09

Type / Ship To Quantity (U/I) *ARO Funded

Order or Reparable Assets, Whichever

Combustion Chamber USAF (Option Year 4) - Remanufacturing

Required Delivery

A SW3211 6 EA *30 Calendar Days

Proposed Delivery

A SW3211 6 EA

Combustion Chamber FMS (Option Year 4) - Remanufacturing

Item No.

To Be Negotiated Best Estimated Qty

U/I Unit Price

2 EA TBN

CLIN ACRN ACRN Total

4002 AB

GROUP STOCK NO P/N CAGE

Group 001 Input 2840-01-448-6990 NZ 4083194 And/Or

2840-01-448-6990 NZ 4086420-01

GROUP STOCK NO P/N CAGE

Group 001 Output 2840-01-448-6990 NZ 4086420-01

NSN: 2840-01-448-6990 NZ

CHAMBER,COMBUSTION,

Sie/Dim: Approximately 30 inches round X 20 inches long. Function: The function of the combustion chamber is to take compressed air, mix it with fuel and then have the mixture ignited, which will create thrust. Predominant material of manufacture: Titanium Critical Safety Item (CSI)

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Wide Area Work Flow (WAWF) Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

Title Number Date Tailoring

ISO 9001-2008 2008

Foreign Military Sales :FMS Case:

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Class I ODS Substance Application/Use Quantity None None None Type / Ship To PACRN Mark For

A TBD PAD

Type / Ship To Quantity (U/I) *ARO Funded

Order or Reparable Assets, Whichever

Combustion Chamber FMS (Option Year 4) - Remanufacturing

Required Delivery

A TBD 1 EA *30 Calendar Days

Proposed Delivery

A TBD 1 EA

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: A TBD

TO BE DETERMINED 00000-0000

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

TYPE/CODE: A SW3211

DEF DISTRIBUTION DEPOT OF OKLAHOMA

CEN REC 3301 F AVE

BLDG 506 DR 22

TINKER AFB OK 73145-8000

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER: