Questions to USG T-6 COMBS through 22 Feb 11.pdf

1. Section H, H316; Section J, Atch1 and Atch 21

The follow pages are citing FAR references that appear to be outdated (currently non-existent in some cases i.e. 45.303-2) and replaced by FAR 52.245-1 (Jun 2007 & Aug 2010). All of the contractor requirements for management and disposition of Government property are found in FAR 52.245-1 Aug 2010. FAR 45 now applies to the Government Contracting Officer.

Section H, page 196 - H316 (IAW FAR 45.303-2)

Section J, Attachment 1, page 18 - 1.1B.2b The contractor shall comply …..FAR Part

45…………………as directed by FAR 45.6……………

Section J, Attachment 1, page 20 - 1.1. C.2.b …………………………..FAR Part 45.

Section J Attachment 21 page 18 - ………rental value per FAR 45.1 and 45.2.

Question: Will the Government replace these clauses with new FAR 52.245-1 Government Property

(August 2010) and 52.245-9 Use and Charges (June 2007)?

Answer: FAR 52.245-1 is included in the Formal RFP. With respect to Clause H316, the FAR reference is out of date and will be removed with an amendment to the Formal RFP. With respect to PWS Paragraph

1.1.B.2.b and 1.1.C.2.b, the FAR reference (45.6) in these sections is appropriate. As FAR Clause 52.245-1 is included in the Formal RFP, no change to the PWS will be made. With respect to Section J, Attachment

21 (Section L, Paragraph 7.3.4.2), the FAR references on rental value are appropriate and will not change.

Finally, the Government has no plans at this time to authorize the use of T-6A/B materials or support equipment be used by the contractor on other contractual efforts not related to the JPATS program.

Therefore, FAR Clause 52-245-9 is not appropriate at this time and will not be added.

2. FAR 52.245-1 Government Property (August 2010) Related FAR Reference: Subpart 45.2—

Solicitation and Evaluation Procedures

45.201 Solicitation.

(a) The contracting officer shall insert a listing of the Government property to be offered in all solicitations where Government-furnished property is anticipated (see 45.102). The listing shall include at a minimum—

(1) The name, part number and description, manufacturer, model number, and National Stock Number

(if needed for additional item identification tracking and/or disposition);

(2) Quantity/unit of measure;

(3) Unit acquisition cost;

(4) Unique-item identifier or equivalent (if available and necessary for individual item tracking); and

(5) A statement as to whether the property is to be furnished in an ―as-is‖ condition and instructions for physical inspection.

Question: When will the Government provide the additional data required by the solicitation clause FAR

45.201 for the GFP listed in Section J, Attach 3 – GFP List (Inventory)?

Answer: Part numbers have been provided for the Government-Furnished inventory. With respect to

Manufacturer and Model Number, the Government is compiling this information and will provide as soon as it is able.

All property is furnished in an ―as-is‖ condition. The Government will amend the Formal RFP adding such a statement to Section J, Attachment 3 Government Furnished Property List.

With respect to Unique-Item Identifier or equivalent, the Government is in the process of determining a way-forward with respect to Item-Unique Identification on this platform (as indicated by the Performance

Work Statement attached to the Formal RFP). As such, no such identification is available at this time.

https://www.acquisition.gov/far/current/html/Subpart%2045_1.html#wp1023556

Finally, at this time, the Government will not be providing per-unit prices for its Government-furnished inventory during the solicitation period.

3. Section I, Contract Clauses, Cites Both 52.245-1 as well as 52.245-2

Discussion:

52.245-1 GOVERNMENT PROPERTY (AUG 2010) As prescribed in 45.107(a), insert the following clause: Government Property (Aug 2010)

52.245-2 “Government Property Installation Operation Services GOVERNMENT PROPERTY

INSTALLATION OPERATION SERVICES (AUG 2010) Para (e). List of Government property. 'See

Section J, Attachment 1, Performance Work Statement and Attachment 3, Government Furnished

Property'”

FULL TEXT of 52.245-2 (Aug 2010)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an

―as-is, where is‖ condition. The Government makes no warranty regarding the suitability for use of the

Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost, stolen, damaged or destroyed Government property. If any or all of the Government property is lost, stolen, damaged or destroyed or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the

Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

Questions:

1. If the GFP Listing in Section J, Attach 3, Pages 1-128, is provided under FAR 52.245-2 and the contractor has a need to replace any of the property, the contactor has title to the property; is that the intent of the Government?

Answer: No. The Government will retain title to property ―replaced‖ on this contract. This includes property that is replaced due to it being beyond economic repair (BER) due to fair wear and tear or

Over-and-Above. The Government has determined the intent of clause 52-245-2 is met for purposes of this contract by Clause 52.245-1 and has removed 52.245-2 from the solicitation in its entirety.

2. Is it the intent of the Government to increase the cost of the contract by not complying with FAR

52.245-1 regarding Government Property Management which requires the use of voluntary consensus standards and industry leading practices to perform inventories?

Answer: The Government’s requirement to perform an annual inventory is as stipulated in the

Performance Work Statement and Formal RFP.

https://www.acquisition.gov/far/current/html/Subpart%2045_1.html#wp1025133

3. As stated in clause 52.245-2 referenced in Section I of this RFP, is it the intent of the Government to

“abandon all rights and title to unserviceable and scrap property resulting from contract performance”?

Answer: Yes, the contractor is responsible for disposal of materials, including aircraft material, scrapped during execution of this effort.

4. It appears that the FAR 52.245-2 Reference may not be appropriate FAR clause For GFP under this

RFP; there is a conflict between the PWS and the cited clauses:

a. When will the list of GFP be provided under ―1.1.A.2.i Annual Inventory At such time these hardwired / installed items are due for replacement, the contractor shall be responsible for replacement” be provided IAW with FAR 45.201 and 52.245-2?

Answer: The Government will be conducting a complete inventory prior to Period of Performance beginning on this contract. This information will be provided after the inventory is completed.

b. If it is Not the intent of the Government to transfer title to the contractor then will the Government remove 52.245-2 ―AS Is, Where is‖ property?

Answer: Please see answer to Discussion Point #3, Question #1 above. The Government intends to retain title to all property provided as GFP including those items that are replacements for GFP that is scrapped. The Government has determined the intent of this clause is met for purposes of this contract by Clause 52.245-1 and has removed 52.245-2 in its entirety.

4. Ref: Section L, Paragraph 5.3 Relevant Contracts. The last sentence in this paragraph states: “Categorize the relevance of information into the specific evaluation subfactor(s) and price used to evaluate the proposal: Factor1: Technical; Subfactor 1 – Process Flows, Subfactor 2 – Acquisition Management, Subfactor 2 – Ramp-up; Factor 2: Price”. Including price as a measure of relevance appears to contradict the sentence earlier in the paragraph that states : ”For a description of the characteristics or aspects the

Government will consider in determining relevance, see Section M, paragraph 2.3.2.2” Considering that

Section M, paragraph 2.3.2.2 does not include price in the statement: ―PCAG will conduct an in-depth evaluation of all recent performance information obtained to determine how closely the services performed under those contracts relate to the Technical Acceptability subfactors”.

Question: Will price be considered in the relevancy evaluation performed by the PCAG? If yes, please define how price should be presented (i.e. individual elements, CLINs, total contract value). In addition provide clarification on what makes the price relevant. Is it similarity in the elements amounts to the T-6 pricing proposed or similarity in how individual elements or CLINS have a common or like approach or basis of estimate (BOE) when compared to the BOE used on T-6?

Answer: Yes, the PCAG team will evaluate Total Contract Value in addition to period of performance to determine relevancy for the Price Factor. Performing a contract similar in ―order of magnitude‖ to this acquisition is one approach that may be used to reflect relevancy with respect to the Price Factor criteria.

The Government will update Section M to provide better clarification on this matter and will release an amendment reflecting this.