PF_2_RFP;_Question_and_Answer_(ao_17_Aug_17).pdf

Pathfinder #2 – Question & Answer

(ao 17 Aug 2017)

ITEM # DOCUMENT PAGE SECTION QUESTION ANSWER

1 SOW 12 3.5

Reference: In reference to Section 3.5 (Guarantee of Capability) of Attachment 1 (SOW), the offeror can offer a replacement of the leased space segment, if the transponder(s) performance does not meet the requirements specified in the TRD during the fifteen (15) years following the completion of IOT.

Question: The question here is about the replacement of the space segment, not due to the transponder(s) performance, but due to our current strategies on replacement of satellites when they are about to approach their expected life (i.e., 13 years after IOT) where the aging satellites may need to move somewhere else. Will it be acceptable to replace the satellite during for example year 13th (after IOT) by a follow-on satellite with the space segment that are equal or superior performance for the rest of the 15-year contract term?

Yes, a follow-on satellite with the space segment that is equal or superior in performance for the remainder of the 15-year contract term is acceptable.

2 SOW 12 3.5

General: Satellite launch schedule is in general uncertain, and can be slipped much as a year or so. It is not clear on whether and how Section 3.5 (Guarantee of Capability) of Attachment 1 applies for cases where the satellite launch is delayed, causing the IOT not to be completed by December 31, 2022.

Question: Could the Government please elaborate Section

3.5 to address cases where the IOT could not be completed by December 31, 2022 due to unexpected satellite launch delay?

The Contractor's failure to meet the requirement 31 December 2022 IOT would be a violation of the contract terms and conditions.

The Government reserves its rights to seek remedies and consideration under the existing terms and conditions of the contract deemed to be in the best interest of the Government. One primary consideration that would factor into anydecision relates to the fact that FY16 appropriation funds will cancel after 30 September 2023 and will no longer be eligible for disbursing payments.

Pathfinder #2 – Question & Answer

(ao 17 Aug 2017)

ITEM # DOCUMENT PAGE SECTION QUESTION ANSWER

Attach 5 52.212-1 10 3

Reference: FAR Subpart 32.202-4 Security for Government Financing, Paragraph (3).

Question: How will the unliquidated amount be calculated for a case if the transponder(s) no longer meets the requirements specified in the TRD some time (say 10 years) after the IOT and the offeror cannot come up with the space segment that are equal or superior performance? Can it be pro-rated linearly, say (CLIN 0001 Amount) * (15-10)/15.

The Commercial Interim Payments will be complete after IOT. The Contractor's failure to meet the requirement for the entire period of performance would be a violation of the contract terms and conditions. The Government reserves its rights to seek remedies and consideration under the existing terms and conditions of the contract deemed to be in the best interest of the Government.

Attach 5 52.212-1 13 3.1

Reference: Requirement 2.2.: ITU Notification Process Competence - The Offeror shall provide a copy of a letter that has been received from the ITU for notification that any satellite within the Offeror's satellite network has been brought into use in the past. The documents provided in this requirement (2.2.) will not count towards the page count limit.

General: Our understanding is that the ITU does not send letters notifying the satellite networks that has been brought into use. However, they publish Part II special sections for notifications, RES-49 special sections with the information related to the space stations associated to the ITU satellite networks and the date of bringing into use of the satellite networks is published in the ITU website.

Question: Please provide examples of the specific information and/or official documentation that is being requested to fulfill this requirement.

For at least one frequency assignment being used by a satellite within the Offeror's satellite network for which a Notification filing has been submitted, the Offeror shall provide a reference to that frequency assignment in an International Frequency Information Circular (IFIC) Part II-S entry. The Part II-S entry must show that the frequency assignment has been recorded in the Master International Frequency Register (MIFR) after receiving a favorable finding by the ITU Radiocommunication Bureau.