Questions_from_Industry_18_Apr_16.docx

J85 MISTR – FA8122-16-R-0001

J85 MISTR Questions from Industry

Q1. CLINs X001 and X002 request a labor wrap rate but the cells are reflected as dollars, should they be dollars and if so should this be a loaded labor rate instead of a labor wrap rate?

A1. Yes they should be Dollars. Reference Section M Table 6. Also, the labor wrap rate should be fully burdened.

Q2. CLINs X001 and X002, in the BEQ columns are the number reflected here hours? If not, what do they represent?

A2. Yes, the BEQ columns within CLINs X001 and X002 reflect hours. Reference Section M Table 6.

Q3. In regard to an FAA 14 CFR Part 145 certified facility not being automatically equivalent. In A3 you state: "The facility would still have to be certified or at least declare themselves as compliant to a higher level quality standard." It is not equitable to allow an entity to simply declare themselves compliant when other contractors, such as ourselves, have been required to have 3rd parties find us compliant. We have had audits performed by both DCMA and a 3rd Party ISO Registrar to achieve our ISO compliance. These audits were not free and required expenditure of our resources. To allow a potential bidder to simply declare themselves as being compliant is not fair nor is it in the best interest of the Government.

A3. The above question was in response to subcontractor qualifications. While the subcontractor could “declare themselves compliant” if they think their certification is equivalent, IAW FAR clause 52.246-11, it is ultimately the responsibility of the prime contractor to maintain the quality requirements specified within the Performance Work Statement (PWS) paragraph 1.10.

Q4. In regard to flow down requirements per FAR Clause 52.246-11: The higher level requirements should be flowed down to subcontractors for all of the items, since all of the items are critical. They are all either CAI (Critical Application Item) or CSI (Critical Safety Item). Therefore, subcontractors performing complete overhauls for any of the end items on the subject solicitation should also possess a higher quality level certification.

A4. As stated above, it is ultimately the responsibility of the prime contractor to maintain the quality requirements specified within the Performance Work Statement (PWS) paragraph 1.10.

Q5. The contract contains FARs 52.222-41, 44 and 49. Service Contract Labor Standards. The work is commercial in nature. Also, this work is significantly more than the simple repair described in 22.1003-(b), and meets the criteria in 22.1003-6(a) for remanufacturing. As such, shouldn’t this contract operate under manufacturing guidelines, which are exempt from SCA Wages and are instead subject to Walsh-Healy (PCA) labor standards (FAR 52.222-20 and FAR 22.6)? This is consistent with the manufacturing NAICS code selected.

A5. Per FAR 22.1003-6(b) Remanufacturing does not include the repair of damaged or broken equipment which does not require a complete tear down, overhaul, and rebuild as described in subparagraphs (a)(1) and (a)(2) of this subsection, or the periodic and routine maintenance, preservation, care, adjustment, upkeep, or servicing of equipment to keep it in usable, serviceable, working order. Such contracts typically are billed on an hourly rate (labor plus materials and parts) basis. Any contract principally for this type of work is subject to the Service Contract Labor Standards statute.

Therefore, this Overhaul effort does not qualify as Remanufacture due to the fact that the overhaul is not so extensive as to return the item to “like new” condition and is subject to Service Contract Labor Standards.

Q6. NSN 2840-01-632-5800, PN 6029T45G14 is listed under CLIN X052. None of the Technical Orders currently address this CLIN. Please advise how the U.S. Government plans on resolving this issue.

A6. NSN 2840-01-632-5800, PN 6029T45G14 is a new master and there is currently no inventory for this NSN. The Technical Order Publication Change Request (AFTO 252) action has been submitted and the part number added into the IPB. The Government is currently awaiting Technical Order update to capture this NSN/PN. The AFTO 252 including this PN is attached as a secure package. All requests for this data must be sent to the Contract Specialist, Capt. Joe Castillo.