Dover_Question_Set_2_(REV1)_Engr_Answers.xlsx

Queries_USAF

Is it possible to delete the LDs for termination and to limit the excess costs of repurchase?

Is it possible to agree on LDs for non-performance up to an amount of 7,5% of the contract price, if actually achieved performance values are beyond the mutually agreed minimum values but do not reach 100% of agreed value (in case minimum values are not reached, termination for cause is applicable), i.e. no unlimited make good?

Is it further possible to have an overall cap for the LDs for delay and non-performance of 12,5% of the contract price?

Is it possible to exclude any other kind of LDs?

2 Attachment 7 2 FAR 52-2125, 52.203-19 Confidentiality Is it possible to agree on a mutual confidentiality obligation with a duration of the confidentiality obligations of 10 years after signature?

3 SOLICITATION PROVISIONS 14 FAR 52.212-04 Excusable delays Is it possible to include embargo and governmental omissions into the excusable delays?

4 SOLICITATION PROVISIONS 15 FAR 52.214-02 Patent indemnity Is it possible to allow the Contractor in case of patent infringement to either obtain a license or to modify the equipment at Contractor's choice?

Is ist further possible that Contractor only indemnifies in case of actual infringement and not already in alleged infringement?

Is it possible to grant to USAF a license in any IP of Contractor only for operation, maintenance and repair?

5 SOLICITATION PROVISIONS 17 FAR 52.212-04 Termination Is is possible to limit the rights an remedies in case of termination for cause to a certain extent and not just to grant all rights and remedies provided by law?

6 SOLICITATION PROVISIONS 17, 40 FAR 52.212-04, FAR 246-17 Warranty The two FAR clauses seem to contradict each other with regard to fitness for purpose; which of the regulations is overruling the other one?

7 SOLICITATION PROVISIONS 17 FAR 52.212-04 Limitation of liability Is it possible to exclude all kinds of consequential damages, irrespective of the legal grounds?

Is it possible to limit Contactor's overall liability, irrespective of the legal grounds, to 100% of the contract price?

8 SOLICITATION PROVISIONS 17 FAR 52.212-04 Other compliances Is it possible to exclude the additional application of rights and remedies according to applicable law, i.e. to have the rights and remedies of the parties exclusively described in the contract (of course, with the exclusion of mandatory law)?

9 SOLICITATION PROVISIONS 39 FAR 52.246-17 Warranty Is it possible to agree on a latest date that leads to a deemed acceptance in case of delay that is attributable to USAF?

Is it possible to agree on exclusions to the warranty for e.g. wear and tear?

Is is possible to agree on a latest date for the warranty duration (including for replaced parts) in case of delay attributable to USAF?

10 Solicitation Provisions FAR 52.229-03 Federal, State and Local Taxes Will USAF provide a valid Sales and Use Tax exemption certificate for the project which releases the Contractor from registering for and invoicing to USAF plus Delaware Sales and Use Tax?

11 Solicitation Provisions FAR 52.229-03 Federal, State and Local Taxes If available, is such Sales and Use Tax exemption certificate applicable for local purchases subcontracted by the Contractor, i.e. can the Contractor pass over the certificate to its local suppliers in order to avoid their invoicing to the Contractor plus Sales and Use Tax?

12 Solicitation Provisions FAR 52.229-03 Federal, State and Local Taxes Under US Trade Terms "FOB Destination" the Contractor is responsible for the import of the Equipment. Did USAF receive a Sales tax exemption at import stage which enables a tax exempt import of the Equipment into the US by the Contractor?

13 Attachment 6 1 (2) that the required insurance policies shall contain an endorsement to the effect that any cancellation of material changes adversely affecting the Government's interest shall not be effective for such period as the laws of the State in which this contract is to be performed prescribe, or until thirty (30) calendar days after the insurer or contractor gives written notice to the Contracting Officer, whichever period is longer; Coverage is provided under ongoing annual insurance programs. The Insurer is not able to provide information to the Customers of the Contractor. Therefore this para should be read as follows:

(2) that the required insurance policies shall not be cancelled or materially changed, adversely affecting the Government's interest for such period as the laws of the State in which this contract is to be performed prescribe, or until thirty (30) calendar days after the contractor gives written notice to the Contracting Officer, whichever period is longer;

14 SOLICITATION PROVISIONS 32 FAR 52.228-05 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (Jan 1997) para b) second sentence should be revised according to the amendment to Attachment 6.

15 FAR SUBPART 28.3 - INSURANCE

28.302 Notice of cancellation or change.

What are the consequences of subcontracting 1st- or 2nd tier items in countries other than US or qualifying countries?

17 SOLICITATION PROVISIONS Some clauses are included in the Solicitation Provisions are included multiple times (e.g. 52.212-04) with different state of revision.

Which clause is applicable?

State that the ETV replacement is not a major change of the system.

Any new risk assessment arising out of the modification/retrofitting of the aforementioned plant & equipment do not form part of the scope of delivery and services.

The safety crap is deliberately a purely mechanical activated device.

It holds the lifting platform in case of:

- lifting cable breakage

- over speed The system is certified by German TÜV.

In case of power loss the break of the lifting drive will be activated mechanically.

The break of the lifting drive can only be released if power is on. If there is no power the break holds the platform.

... PLC activation of the safety grabs if the measured position or velocity is inconsistent with the expected position or velocity, etc….

The picture below shows an application example of a n ETV cabin main control panel. Our statement refers only to the desk design, pushbuttons and joysticks, etc. will be in accordance to the PD!

The picture below shows an application example of an ETV cabin auxiliary control panel. Our statement refers only to the desk design, pushbuttons and joysticks, etc. will be in accordance to the PD!

Please confirm that we cannot use the existing facilities.

Please confirm that we cannot use the existing facilities.

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