FCT Addtional Questions and Govt Responses 2.10.23 (002).pdf

Section Paragraph # Question Government Response

B B.1 The Draft SIR contains no Section B workbook as implied by B.1. Would the FAA please provide the Section B workbook in a draft form as soon as practical to ensure offerors can prepare to submit a timely proposal?

Section B workbook will be provided with release of the final SIR.

B B.3 B.3 states that the term of the contract is for one base year and five option year periods for a total of six years; however, SAM states that this is a five‐ year requirement. What is the period of performance for this contract?

The term of the contract is a one‐year base period with six 1‐year option periods, for a total of seven years.

C C.3.1.2 C.3.1.2 states that; “Failure to comply with this paragraph may subject the contractor to the enforcement actions...” Does “this paragraph” mean C.3.1.2 plus subparagraph C.3.1.2.1, or just C.3.1.2 alone?

Yes it applies to C.3.1.2 and C.3.1.2.1.

C C.3.1.2 C.3.1.2 states that; “Failure to comply with this paragraph may subject the contractor to the enforcement actions contained in paragraph C.6.1 of this section.” However, C.6.1 talks about enforcement action, then refers to the H.5 enforcement action section, which mentions “applicable regulations” which is unclear.

Specifically, what are the enforcement actions the FAA can/will take when a contractor fails to comply with this requirement? Within which regulation or order is this enforcement action stated?

The FAA is updating this to reference C.6.0 Enforcement Actions.

The FAA will review this section and related sections and update as needed. Standard enforcement actions, including Termination for Default, are available under the applicable regulations(listed in Section J).

C C.3.1.2 How will the FAA audit and track a contractor’s compliance with C.3.1.2 standards?

The FAA will review the Monthly Area Facility reports to track a contractor's compliance with C.3.1.2.

C C.3.4 Would FAA please furnish the hourly traffic count data for all of the FCTs listed in Attachment J‐3?

The FAA does not the have hourly traffic count data for the FCTs.

C C.3.6 Must the contractor provide DCTO‐E capability as a mandatory requirement or is it optional?

This requirement will be mandatory, although there is an anticipated transition/implementation period which will begin after contract award.

C C.3.7.5 C.3.7.5 states that testing and certification must be scheduled with the FAA District facility, if required, which appears to be in conflict with C.3.6. Can contractors rely on FAA for testing and certification or must contractors provide their own DCTO‐E capability?

The DCTO‐E capability will be mandatory, although there is an anticipated transition/implementation period which will begin after contract award. When necessary the FAA district facility can provide temporary support for the DCTO‐E.

C C.3.11.3 C.3.11.3 makes reference to C.3.19.1, which does not exist. Did FAA intend to stay C.3.11.6 through C.3.11.11?

The FAA will review and update as needed.

C C.3.12 C.3.12 requires the contractor to establish and maintain a drug free workplace and drug testing program in accordance with policies and directives stated in 14 CFR Part 120. It also states that FAA reserves the right for the CO to require additional drug testing upon request. Additional testing above and beyond 14 CFR Part 120, makes the program noncompliant with the policies and directives stated in 14 CFR Part 120. Therefore, we recommend the FAA delete the additional testing sentence from C.3.12.

The FAA will review and update as needed.

C C.3.13 C.3.13 requires the contractor to establish and maintain an alcohol misuse prevention program in accordance with policies and directives stated in 14 CFR Part 120. It also states that FAA reserves the right for the CO to require additional alcohol testing upon request. Additional testing above and beyond that authorized by 14 CFR Part 120, makes the program noncompliant with the policies and directives stated in 14 CFR Part 120. Therefore, we recommend the FAA delete the additional testing sentence from C.3.13.

The FAA will review and update as needed.

C C.3.18 Would FAA please provide Attachment J‐4 Sample Area Facility Report which appears to have been omitted?

Attachment J‐4 Sample Area Facility Report will be provided with release of the Final SIR.

F F.2 Does the base period include the 60‐day phase‐in or does phase‐in precede the base period?

The 60‐Day Phase‐in precedes the base period.

F F.5 F.5 references C.3.13, which is the Alcohol Misuse Prevention Program. Did the Government intend this reference to be C.3.1.8?

The FAA intended to reference Section 3.18 Deliverables. This section will be updated to reflect the proper reference.

H H.5 H.5 appears to apply a blanket contractor agreement with any FAA enforcement actions, which is overly broad. We recommend the FAA make its intent with H.5 clearer. For example, does the FAA intend that the contractor’s agreement limits their ability to file a contract dispute pursuant to AMS clause 3.9.1‐1 or any legal proceeding?

The FAA will review this paragraph and will revise if needed.

H H.13 H.13 references option CLINS that are listed in Part I

– Section B for each area; however, these option CLINS were not provided with the Draft SIR. Would the Government please provide Section B standard and option CLINS ahead of the final SIR posting?

The FAA will provide all CLINs for Section B in the final release of the SIR.

H H.15 H.15 requires the Contracting Officer’s consent for subcontractors. Prime offerors should not receive credit for past performance of their subcontractors in Factor 3 Past Performance unless sufficient information is provided in the prime offeror proposal to enable the Contracting Officer to grant consent. We recommend the Government require prime offerors to include all of the information listed in Section I.19 Subcontracts (Fixed‐Price Contracts) AMS 3.10.2‐1 in their prime proposal for any subcontractor whose past performance is used in Factor 3.

The FAA will take this under advisement with the release of the final SIR.

H H.18 H.18 lists the Government‐furnished aviation liability insurance limit as $10 million. Our understanding is that the current contract has a $20 million limit. Would the FAA please update to match the incumbent contract(s)?

The correct dollar amount is $20 million. Section H.18 (Aviation Operations Insurance) will be updated in the final SIR.

I I.10 How is FAA ensuring that offerors have adequate financial resources to execute the contract and fulfill its payroll, H&W, and subcontractor payment requirements during continuing resolutions or other pauses in contract funding as envisioned in I.10?

A responsibility determination is required to be performed before award to ensure that offerors have the adequate financial resources to execute the contract and fulfill its payroll, H&W and subcontractor payment requirements during Continuing Resolutions or other pauses in contract funding.

I I.11 DUNS is no longer used in SAM. Suggest the FAA update this clause to reflect AMS 3.3.1‐33 System for Award Management (April 2022).

The FAA will review and update as needed.

I I.19 I.19 indicates that Contracting Officer’s consent is required for subcontractors under unpriced modifications; however, there is no requirement to receive consent to subcontract for the initial award of the contract. Recommend the Government require offerors to submit all I.19 data with the original proposal to support the Contracting Officer’s decision to grant consent.

The FAA will take this under advisement and may make adjustments to this section in the release of the final SIR.

J J‐1 Section J‐1 lists FAA Order JO 7210.54 as a reference; however, that order has been cancelled.

Recommend FAA remove this item from the SIR.

The current order is 7210.3CC and that the SIR will be changed to reflect the current order rather than the cancelled order.

L L.1 By including AMS clause 3.1.7‐4, does the Government require OCI mitigation plans to be submitted with the proposal, and if so, within which volume?

The referenced clause will be removed and replaced with AMS Clause 3.1.7‐2 Organizational Conflicts of Interest (January 2023).

L L.1.2(b) L.1.2 incorporates AMS 3.2.2.3‐38 Alternate II Requirements for Certified Cost or Pricing Data or Data Other Than Certified Cost or Pricing Data (Jan 2022). The Draft SIR does not state how will the Government use this information as a part of source selection. Would the Government please explain why this information is required and how it is used in the source selection process?

The FAA will review this section and revise if needed.

L L.11 L.11 shows a SIR release date of Aug 2022;

however, the synopsis states that the FAA plans to release a final SIR in the Fourth Quarter of calendar year 2022. When does the FAA intend to release the final SIR?

The FAA is planning to release the Final SIR in the 2nd Quarter of calendar year 2023.

L L.11 L.11 shows a SIR release date of Aug 2022 and a Receive Offers date of September 2022. This time span could mean a proposal development period from 30‐60 days. How many days does the Government intend to allow offerors to develop their proposals?

Proposals will be due for submission an estimated 45 days after the final SIR is released.

L L.12.4 Since this is an electronic submission, would the Government please verify that the one electronic copy submitted may be a reproduction of a wet signature?

One electronic copy may be a reproduction of a wet signature.

L L.17.1 L.17.1 states; “In addition, Offerors are required to submit an electronic submission of proposals…” Would the Government please verify that the KSN submission is the only electronic submission required for this SIR?

The KSN submission is the only electronic submission required for the SIR.

L L.17.1 L.17.1 states; “The KSN website will also enable submitter to see the status of submitted questions, view the government response to questions as well as other announcements regarding the FCT SIR.”

Does the FAA intend to bypass the System for Award Management (SAM) run this acquisition through the KSN site only?

The FAA will review this Section and revise if needed. The FAA intends to publish the Final SIR, any amendments and award notification through System For Award Management (SAM).

L L.17.1 L.17.1 states; “The material presented in electronic format must be the identical to the hard (i.e., printed) copy. If there are discrepancies between the hardcopy and electronic version of a document, the hardcopy will be used as the version for evaluation.” Would the Government please confirm that a hard copy submission is not required in response to this SIR?

A hard copy submission is not required in response to this SIR. The FAA will update this section.

L L.17.3.1 Why does the Government prohibit the use of company names and logos? In addition to creating an awkward proposal narrative, the Government is well aware of the contractors, their personnel, and capabilities.

This is to protect the anonymity of the vendors and ensure an unbiased procurement process.

L L.17.3.3.1 A type size of 12‐point prohibits the effective use of tables, figures, and graphics to organize and communicate information to the evaluator. Request a type size of not less than 9‐point for tables, figures, and graphics.

The FAA will take this under advisement and may make adjustments to this section in the release of the final SIR.

L L.17.3.3.3 The Government’s page limitations for Volumes III‐ V are unclear. Verify that the Government intended to state: “The maximum page limit for Volume III ‐ Corporate Management Proposal Tab A is 25 pages.

The maximum page limit for Volume III ‐ Corporate Management Proposal Tab B is 25 pages (page count does not include resumes submitted in accordance with L.20.1.2.1 and L.20.1.3.1). The maximum page limit for Volume IV – Past Performance is also 25 pages (page count does not include the past performance questionnaire). There is no maximum page limit for Volume V – Price Proposal.”

The FAA will take this under advisement and may make adjustments to this section in the release of the final SIR.

L L.18.1.2 Tab B requires completion of I.14 (AMS clause 3.6.2‐ 29); however, this clause is customarily completed by the Contracting Officer. The wage determination, collective bargaining agreement, and the offeror’s price proposal outline this information in detail.

Suggest removing the AMS Clause 3.6.2‐29 requirement.

The FAA will take this under advisement and may make adjustments to this section in the release of the final SIR.

L L.21.1.5 Would the Government please provide Attachment S‐3 in advance of the final SIR?

The FAA is updating the Past Performance Questionnaire and will release it with the Final SIR.

L L.22 L.22 mentions Volume X. Did the Government intend to list Volume II instead?

The FAA will review this section and revise accordingly.

L L.22.4 L.22.4 requires offerors to outline any exceptions, deviations, and assumptions; however, L.22 appears in conflict because it states that the Offeror must not qualify the Price Proposal in any manner.

Please resolve this conflict or explain the difference between these requirements.

The FAA will review this section and revise accordingly.

M M.1.2 The top of the page references M.X. Did the Government intend to reference M.8?

The FAA will review this section and revise accordingly.

M M.1.5 In the event that the FAA receives an insufficient number of qualified offers for areas within the contiguous U.S., is it in the Government’s best interest to award more than 2 contiguous U.S. areas to any one contractor in accordance with M.1.3?

The FAA will take this under advisement with the release of the final SIR.

M M.1.5 Since the FAA has increased the number of areas in the contiguous U.S., why are Offerors still limited to be awarded a maximum of two areas in the contiguous U.S.? We recommend increasing the limit to three.

The FAA will take this under advisement with the release of the final SIR.

M M.3 Tab B Sub‐Element 4 Phase‐In/Phase‐Out Plan is 4th most important but H.1 states contract will be terminated if controllers not certified within 30 days. Suggest the Government move Phase‐ In/Phase‐Out Plan to 2nd most important under Tab B Technical Implementation Plans.

The FAA will take this under advisement with the release of the final SIR.

M M.3 Tab B Sub‐Element 4 Phase‐In/Phase‐Out Plan is 4th most important but the FCT Area map requires a major transition for all awardees. At a minimum, 50 towers will change companies across the FCT Program. Suggest FAA move Phase‐In/Phase‐Out Plan to 2nd most important under Tab B Technical Implementation Plans.

The FAA will take this under advisement with the release of the final SIR.

M M.6.1 M.6.1 indicates that the past performance evaluation is acceptable/unacceptable. Since degree of relevance or quality of performance does not appear to be important, it is uncertain what meets the minimum requirement. As written, past performance appears to be acceptable if it only demonstrates experience in military or international ATC, or as a subcontractor. Would FAA please explain what characteristics of past performance satisfy the Government's minimum requirements as specified in the SIR? Alternatively, FAA may consider scoring past performance using the M.1.2 adjectival ratings, with an order of importance following Technical approach.

The FAA will take this under advisement and may adjust this paragraph with the release of the final SIR.

M M.6.3 M.6.3 states past performance information will be used as an evaluation factor against which Offerors’ relative rankings will be compared to assure best value to FAA; however, M.6.1 indicates the evaluation is acceptable/ unacceptable. If degree of relevance or quality of past performance is important, FAA may consider scoring past performance using the M.1.2 adjectival ratings, with an order of importance following Technical approach.

The FAA will take this under advisement with the release of the final SIR.

J J‐3 Area 3 sites and CLINs on J‐3 are not consistent with the Area 3 sites and CLINs on Area 3 FCT Template file. Please resolve this inconsistency.

The FAA will review this section and revise accordingly.

J J‐3 Please provide FCT Hours of Operation, Hours of Weather Reporting Svcs, and Service Area for LOT.

The FAA will review this section and revise accordingly.

Area 2 FCT Template

This workbook contains the Area 5 sites and CLINs.

Please update to reflect Area 2 sites and CLINs.

Area 6 FCT Template

GYI is listed as CLIN 0617 in Area 6 and then again in Area 7 as CLIN 0704. The FCT Area map appears to indicate GYI in Area 6 and GPI in Area 7. Please clarify.

The FAA will review this section and revise accordingly.

Area 6 FCT Template

The 3‐letter ID for CLIN 0621 is listed as HAS. Would the Government verify that it intended to list the 3‐ letter ID HSA (Stennis International)?

The FAA will review this section and revise accordingly.

Area 7 FCT Template

GYI is listed as CLIN 0617 in Area 6 and then again in Area 7 as CLIN 0704. The FCT Area map appears to indicate GYI in Area 6 and GPI in Area 7. It appears CLIN 0704 should be GPI vs. GYI. Please clarify.

The FAA will review this section and revise accordingly.

Area 7 FCT Template

The site Felts Field (SFF) is missing. Please add SFF as CLIN 0718 and renumber 0718‐0724 to match J‐ 3.

The FAA will review this section and revise accordingly.

Area 10 FCT Template

The site Molokai (MKK) is missing. Please add MKK as CLIN 1005 to match J‐3.