GSSC_Questions_and_Answers_Combined_3.xlsx
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- Modification of Equipment
- Solicitation number
- FA8214-14-R-0005
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RFP Questions Answers
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| Number | Document | Page # | Para # | Line # | Background | Issue | Suggested Resolution | Government Resolution |
| 1 | Section L | L.2.2, L.5.2, L.5.3 | RFP contains Section L.2.2, Organization/Number of Copies/Page Limits, Section L 5.2, Early Proposal Information, and Section L.5.3, Recent/Relevant Contracts, Attachment 2, Instructions to Offerors, and Attachment 5, Past Performance Information Sheets. | Section L, Attachment 2 and Section L, Attachment 5 contain some different information requests | Please confirm that Section L, Attachment 2 is only submitted electronically and that Section L, Attachment 5 (Past Performance Information Sheet) should be included in the hardcopy volume under Section 5.3 Recent/Relevant Contracts.” | All Past Performance shall be submitted both electronically IAW Section L Attachment 2 and provided as a hardcopy IAW Section L Table 2.2. | ||
| 2 | H Clause | 44-47 | H001 | See attached recommended edits (in Green) to H001, H004 and H005 | To bring this RFP section into compliance with DFARS policy (DFARS 227.7103-1(c), (d); see also 227.7103-15(d).), which provides that data rights attach to data “developed” or generated in performance of DoD contract. | The Government has been in ongoing discussion regarding the contents (provisions) of the GRID document and H-clauses H001 through H005. We used the language in these documents with full intent to establish (and protect) both parties in the transmission of data. Government rights in data exist independently of the delivery or non-delivery of the data. This point has been acknowledged by the Comptroller General in Varian Associates, Inc - Reconsideration, 90-1 CPD P595, June 28, 1990. Rights to data items is established by the funding sources for the development of the data. If someone within the Government is handed an unmarked document, a drawing, or a CD containing software the data needs to be marked or the Government WILL NOT be held responsible for what happens with the data (who reads it, where it's shared, etc). Further, we'll assume that it's data that the government has an unlimited license to use. Establishment of this understanding is our goal with these documents (GRID, H-001 - H-005). The edits that you've recommended completely changes the purpose of the H-clauses in their entirety. This leaves both parties at risk when we have data that is obtained, downloaded, provided, or otherwise transmitted to the Government. All data provided (no just delivered) must be marked. | ||
| 3 | H Clause | 45-46 | H004 | See attached recommended edits (in Blue) to H004. | To clarify requirements for data stored and accessibility to contractor's Integrated Digital Environment (IDE). Accessible data is not required under DoD regulations to be provided with rights; to do so places prime contractors at risk of unreasonably forfeiting intellectual property, and violating the intellectual property rights of other companies. See e.g. DFARS 227.7103-1(c), (d); see also 227.7103-15(d) | |||
| 4 | H Clause | 47 | H005 | See attached recommended edits (in Grey) to H005 subparagraphs (p) and (q). | Offeror has significant concerns with the indemnification obligation set forth in H005 subparagraph (p). Standard practice with OSS is that it is provided "as is", with no warrantees, representations, or indemnificiations. Please also accept Offeror's edits to H005 subparagraph (q) to remove the requirement that Boeing and its supply chain indemnify the USAF for potential commercial license violations. In reaching for this indemnification guarantee, the USAF seems to be asking for much more than called for by generally accepted commercial license terms, and such a request will likely result in an exorbitant cost. As drafted, subparagraph (q) requires prime contractors to indemnify the government for licensee behavior that could in many cases be completely out of the prime contractor’s control. See DFARS 227.7102-1; DFARS 227.7203-1(d); FAR 12.212. | |||
| 5 | Solicitation | Amendment 0002 revised |
CLINs 0006 and 0007 and added FAR 52.246-19, but it did not incorporate the change pages seamlessly, e.g. page numbers are not sequential.
Please provide a complete and continuous solicitation
| document, Sections A-M | For accurate representation of the model contract | Complete copy of the solicitation will be provided with RFP Amendment 3. | ||
| 6 | Solicitation | 28-29 | Amendment 0002 updated |
Section B CLIN 0006 and CUN 0007 descriptions to reflect "CLS", however the CLIN 1006 and CLIN 1007 were not similarly adjusted. Should the option CLINs 1006 and 1007
| identify "CLS" as well? | Clarity of work scope | Corrected. Will be released with RFP Amendment 3. | |||
| 7 | Section L | 23 | 7.1.2 | Section L, 7 .1.2, Section B - 31 Supplies or Services and |
Costs/Prices states, "The offerer shall propose prices for each CLIN by completing the pricing information for each CLIN in Section B of the model contract unless instructions on CLIN indicate "to be completed at time of award". However, in Section B, the words "IAW Attached Pricing Matrix'' is prepopulated under the Est Unit Cost and Total Estimated Cost of each CLIN to be priced.
| Please clarify this discrepancy. | Clarification of compliance requirements page | Section L 7.1.2 has been updated to instruct offerors to complete Attachment 13 - Pricing Matrix. Will be released with RFP Amendment 3. | |||
| 8 | Section L | 30 | 7.3.4.2 | Section L, 7.3.4.2 GFP and/or |
Base Support Requirements, states, "The Government will provide a list of GFP and/or Base Support Requirements in the Bidder's Library." In the comments to industry, response numbers (blank) and 4 provided with release of Amendment 0002, the Government Resolution states, "The list in the solicitation should be used during proposal development."
Please update Section L,
7.3.4.2 to reflect this clarifying
| language. | To make Section L instruction consistent with Government resolution comment. | Corrected. Will be released with RFP Amendment 3. | |||
| 9 | Section L | 24 | 7.1.3 | Section L, 7.1.3 Section F - |
Deliveries or Performance states, "Proposed Performance Schedule:
The offeror shall propose the performance schedule by completing the blanks in Section F of the model contract." However, there are no blanks to be completed in Section F of the model contract.
Please correct this instruction to show tbat the proposed delivery schedule should completed in
| Section B. | Clarification of compliance requirements | Added Clause 52.211-8 - Time of Delivery in Section F of the RFP. Will be released with RFP Amendment 3. | |||||
| 10 | Section L | Attachment 21 | G | In Attachment 21, sub-Attachment 5, PPIS Question G uses the term, Integrated Support Contractor". The term should be corrected to read, "Grounds Subsystems Support Contract" | Administrative correction | Corrected. Will be released with RFP Amendment 3. |
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