FCT Draft SIR Questions-Govt Responses 1.26.2023.pdf

Section Paragr aph # Question Government Response

B B.3. While the desired contract type is FFP and the current and future state of labor cost is relatively unknown due to, 1.)

unprecedented inflation directly resulting from the pandemic and war in Ukraine, and 2.) the understood national shortage of qualified Air Traffic Controllers, would the FAA consider changing the contract type to that of a Cost Reimbursable

(CPFF) model or adding an economic price adjustment clause to the FFP approach?

The FAA will consider the suggestion and may make an adjustment in the final SIR release.

C 3.1.5 The government states time allocated for consumption of meals must be considered as time worked. Union agreements have varying requirements for meals and other breaks. Will the FAA evaluate the duty schedules to ensure that contractors proposing to do this work have considered these required breaks?

The FAA evaluation of duty schedules will not include the evaluation of required breaks. However, the FAA will clarify that the pricing submission must be in accordance with the requirements in Section C. 3.1.5.

C 3.1 Over the past decade or so, state specific leave requirements have been added and continue to be added. Will the FAA evaluate the duty schedules to ensure that contractors proposing to do this work have considered these state specific requirements and proposed adequate staffing?

The FAA evaluation of duty schedules will not include the evaluation of state specific requirements. However, the FAA will clarify that the pricing submission must be in accordance with the requirements in Section C. 3.1.

C 3.1.7 We understand the requirement that a facility manager/ATM be a position separate from the 'basic' duty schedule. Is it acceptable for the ATM to be utilized for the leave schedule, i.e., that which is used when a facility is down a body or more due to vacation or illness, etc.? If it is acceptable, how many hours per week would the government allow the ATM to be utilized on the leave schedule?

Yes, it is acceptable. However, the Government will not specify the number of hours an ATM can be utilized on the leave schedule.

C 3.1.9 Can the FAA clarify what a reasonable time frame is? The FAA will remove "within a reasonable timeframe" from

Section C.

C 3.3 As per the note, the contractor is responsible for janitorial services in the ATM office. Does this include both FAA‐owned and Sponsor‐owned towers? It has been our experience that the entity responsible for the facility cleaning contract has provided janitorial services in the ATM office. Requiring contractor's to take on this responsibility may add unnecessary costs to the bid.

Yes. This includes both FAA‐owned and sponsor‐owned towers.

C 3.6.1 What is the Designee Management System and how do we access this? Who will have access to the DMS? How often will messages be relayed via the DMS?

The DMS is used to collect, store and process data and information associated with designees and their examiner activities. In other words, it is where a potential examiner would apply to become a DCTO‐E, request to do a certification, document the certification, apply for annual re‐authorization, and document training. The link to the DMS website and user guide is https://designee.faa.gov/#/login. The DCTO‐E authorization is not in DMS at this time. FAA personnel that manage DCTO‐Es will have access. Initially, the facility DCTO‐E will have access;

however, the FAA will work toward access for key personnel not associated with a facility. The FAA does not anticipate a great deal of routine message traffic; however, since this is new to ATC we have come up with the following instances after initial appointment: There will be messages for one annual meeting and annual training, messages associated with the DCTO‐E performing certifications, and messages for the annual re‐authorization.

C 3.6.8.

d If a company chooses to have a facility ATM serve as a DCTO‐

E, what if a replacement ATM has not had a facility rating for the location? Who will conduct the CTO examination in this case?

Another Examiner (FAA or DCTO‐E) will conduct the examination if the replacement ATM is not facility certified.

`` 3.6.9 Personnel who maintain a multi‐facility DCTO‐E will not meet the requirement in C.3.6.8.d. Is it necessary to possess a CTO certificate with a facility rating for the location applying to be eligible for DCTO‐E?

A DCTO‐E is only required be facility rated at their primary facility.

C 3.6.9 Would the FAA reconsider whether a vendor's Corporate employee could be eligible for a DCTO‐E designation if they meet the requirements in C.3.6.8, except d? d is not required for an individual to have a multi‐facility designation.

No, the FAA is not considering revising this requirement at this time.

C 3.7 The solicitation reads as if the DCTO‐E program will be in place and utilized during Phase In. While this program has been in discussion for several months, it is not in place yet and no contractor is using it. Introducing it during the Phase

In process will introduce an additional risk to an already high risk transition. Does the FAA plan to have this program implemented during the Phase‐In process?

The DCTO‐E Program will be implemented after the Phase‐In process.

C 3.7.2 Would an electronic record be considered a reasonable facsimile? Is the printable document from this electronic record required to be in the format of the FAA Form 3120‐1?

Yes to both questions.

C 3.7.5 Is this in case the current facility doesn’t have a DCTO‐E assigned to the facility when it's time for a facility rating?

Paragraph C.3.7.5 will be revised with release of the final SIR in conjunction with the DCTO‐E program.

C 3.7.7 Will the government provide a template for the training on

GFE or must the contractor create suitable training?

The FAA will provide initial training on GFE. If needed, a template for subsequent training will be the responsibility of the contractor.

C 3.11.5 Please clarify how the government would like to receive this reporting.

The 3.11.5 reporting requirement has been removed from the

SIR.

C 3.14.2 Please clarify who in the FAA should be notified of any changes to an FCT's SC within 30 days of a change.

Please see Paragraph C.3.14.1.

C 3.14.3 As stated, the SC must be physically located at the FCT.

Would the government consider a regional employee or corporate employee for this responsibility?

No. The SC has to be a person located at the facility.

C 3.14.4 The current language indicates that a contractor is required to take corrective actions to reduce or eliminate physical security vulnerabilities. The contractor has no ability to implement a security driven change, or any other change to the building, fencing, gates, door entry points, etc. Please confirm it is the government's intent to hold the contractor responsible for these items and if yes, please provide input on how the government sees this being achieved.

FAA will revise this paragraph with release of the final SIR to clarify the responsibilities of the contractor versus the airport sponsor.

C 3.15.1 To what extent is the expectation for an "in person" ERC meeting for each ERC member? Specifics around items of this nature will help a vendor plan for staffing coverage and funding.

The expectation for an “in person” ERC meeting is for each ERC member to travel to a location chosen by the vendor only once per year. The ERC in person meeting should be only a single day meeting and only have 4 to 6 members attending in total. The

ERC normally meets every two weeks by video conference.

C 4 Not all FAA General Managers conduct, at a minimum, quarterly meetings. How will the government ensure that all do so, consistently, so that the vendors will have all of the information intended to be shared in those meetings?

The FAA General Managers will schedule meetings and set the agenda for quarterly meetings.

C 4.3 Would the government please clarify how this requirement works with the requirements outlined in Section 3.6?

The associated FAA District will perform facility certifications when the DCTO‐E is not available.

C 5.1 Will the FAA provide printer toner, flight progress strips and other administrative supplies for GFE equipment?

Yes, the FAA will provide administrative supplies for GFE.

C 5.2.1 It is our experience that the vendor‐provided telephone line is not always separate and distinct from government‐provided telephone equipment. We do not have control of how the line is integrated into the facility's equipment. Would the government consider editing this language?

The FAA is not considering editing this language.

C 3.1.5 Is the contractor responsible for the scheduled weather observation (METAR) transmitted within the 15 minutes prior to FCT opening each day?

Yes.

C 3.1.7 Does the basic watch schedule for this SIR include real‐time? Yes.

C 3.1.2 Is there a minimum staffing requirement for shifts other than midnight shifts (2)?

No.

C 3.6.9 Is there a limit to the number of facilities an DCTO‐E may be assigned?

There is no stated limit. However, most facilities would have one

DCTO‐E. There is an authorization for some personnel to perform as a ‘multi‐facility’ examiner when requested by the vendor and approved by Air Traffic Oversight (AOV).

C 3.1.7 In reference to the JO 7210.3CC ATMs are required to work 8 hours operationally per month to maintain currency. Is the air traffic manager considered an operational staff member, since they are no longer part of the basic watch schedule?

Yes.

C 3.14.3 Can the SC be the ATM, or must this person be one of the controllers? Currently, the ATM is the SC, but with that person being removed from the Basic Watch Schedule, that person is probably no longer considered an "operational staff member"?

Yes the SC can be the ATM. The language within this paragraph will be revised with release of final SIR.

C 3.14.3 Can the Security Coordinator be the Air Traffic Manager, or must this person be one of the controllers?

Yes the SC can be the ATM. The language within this paragraph will be revised with release of final SIR.

C The reorganization of the Areas and addition of two new

Areas ensures no less than 26% of the FCTs will be transitioned and possibly involve all selected contractors.

Transitions introduce risks. Given the current instability with staffing at FCTs due to COVID vaccine mandates, FAA and DoD hiring, employees fleeing high cost of living areas, and others choosing to leave the workforce all together, will the

Government meet with contractors before releasing the final

RFP to discuss staffing and how to reduce risks and ensure stability for the program?

The FAA does not have plans to meet with vendors on this issue.

C The statement of work does not mention remote tower operations. Does the FAA intend remote tower operations as within scope of the contract? If yes, will the government provide additional requirements specific to remote tower operations and participation during equipment certification?

No. The FAA does not intend to include Remote Tower operations in the scope of this procurement.

C C.3.7.

Given the restrictions placed on FCT contractors, including the lack availability of certain training provided only at the FAA

Academy, would the government consider excluding the following JO 3120.4, Air Traffic Technical Training references:

• Chapter 2, paragraph 5: describes responsibilities of ATM, TA, Support Specialist, Operations Manager (OM)/Traffic

Management Officer (TMO), OS/STMC, OJTI, Trainee, and

Principal Facility Representative

• Chapter 4, paragraph1: Initial Qualification Training (IQT)

• Chapter 4, paragraph 2: Field Qualification Training (FQT)

• Chapter 4, paragraph 3: Enrollment in Terminal Radar

Training

• Chapter 6, paragraph 1: On‐The‐Job training Instructors

• Chapter 6, paragraph 2: Facility Training Time

• Chapter 6, paragraph 3: Training Team

• Chapter 6, paragraph 4: Training Plan

• Chapter 6, paragraph 5: Training Team Meeting

• Chapter 6, paragraph 11: Training Review Process

• Chapter 6, paragraph 12: Additional OJT Time

The listed paragraphs are already excluded in C.3.7.1 of the draft

SIR.

C C.3.6.

Will travel for multi‐facility ratings be reimbursed by the government?

No. Travel for multi‐facility rated personnel will not be directly reimbursed by the Government.

C C.3.7 The availability of controllers for contractors to hire as FCT controllers is very limited, and FCT contractors must compete with the FAA and DoD for the same employees. Contractors cannot use the FAA or DoD training schools to train new contract controllers. Contractors must comply with the requirements of FAR 65, Subpart B (SIR C.3.1). FAR 65.39 requires a controller receiving their first air traffic control tower rating (CTO) to train for at least 6 months, and then to work with their rating for an additional 6 months before they can transfer to another facility and not have to train for at least 6 months at the new facility to get a rating. This restriction creates significant limits the ability of contractors hi l i h i d h i

No. The FAA is not going to change the SIR to include provisions for designated FCT training facilities.

C Does the FAA intend to provide an approved minimum staffing/plan criteria for each facility listed on excel spreadsheet J‐3 5‐06‐22 for the hours of operation? Will an hourly traffic count be made publicly available for others than incumbents to allow adequate staffing support?

No. Minimum staffing for all facilities is set at 4 Full time equivalents, not including the manager. (See C.3.1.2) The FAA does not have hourly traffic counts for FCT facilities.

C 3.3 Non‐ATC Duties During the hours of operation and while under this contract, the contractor must not impose non‐ATC duties on controllers which may in any way impede the FCT controllers from providing ATC services. Please define non‐

ATC duties, i.e., is mandatory training requirements considered non‐ATC duties?

Mandatory training requirements are considered a part of ATC duties.

D 1 Should all reporting via email contain the subject line ‐ contract number, name of report, and month of deliverable?

What if the report contains multiple contracts?

Yes. If it is multiple contracts, please list each contract number in the email subject line. The FAA will clarify this in the final SIR.

E 1.(d) What is the definition of "reasonable facilities" in this section?

The government often performs inspections at the locations in this contract. It would be helpful to know what facilities are considered reasonable and what the expectation of the contractor is to meet the requirement in this section.

"Reasonable facilities" are contractor facilities where the required records identified in E.1(b) are stored.

F 5 Does the government mean to reference a different section?

C.3.13 is Alcohol Misuse Prevention Program.

Yes. Section C.3.18 should be referenced. The FAA will revise and update the reference.

F 6 The solicitation indicates that the vendor must accommodate all special state holidays. Will the government provide a listing of those state holidays as they are not provided in the wage determinations and recognized holidays can vary down the county level. It would be very helpful to have an official list from the government so that all vendors respond consistently. In addition, will the government issue a price adjustment as holidays are added to the list in place at the time of bid submission?

All Holidays, including state holidays, are listed in the Wage

Determinations for each specific site.

F Will the FAA include AMS 3.10.6‐7 Excusable delays into any resulting contract?

No. 3.10.6‐7 Excusable Delays is only included in SIRs and contracts which are cost reimbursement, time and material, or labor hour for supplies, services, construction or research and development contracts on a fee basis.

FAA FCT

Area

Map

Final

What were the driving factors behind the redesign of area boundary lines? Alignment with the National Airspace?

FCT Map was changed to align with the Air Traffic Organization's

Service Areas. New Area boundaries will allow for better alignment with ATO Service Area structure and District realignment. Realignment will facilitate District oversight of FCT facilities.

Facility

List By

Area

LOT is listed under Area 3 but should be in Area 4. The FAA will review and revise as needed.

General Page L‐10 Notice to Offerors ‐ May we suggest that adding

"CONUS" to the "service areas" in the first sentence might clarify this item as to creating an order of preference.

The FAA will update and revise this section.

General What quality control metric system will the FAA use to ensure the awarded companies are staffing each facility at the full‐ time equivalent staffing numbers the contract companies initially proposed?

The FAA will utilize the information received in the monthly Area

Facility Report to ensure contract compliance.

General Will there be an incentive for incumbents or non‐small businesses to partner with small businesses to stimulate competition for the government's best value?

• How is the scope, recency, and relevance of a company's

Past Performance clearly evaluated for this award?

• Is source selection preference given to incumbent companies?

• If source selection preference is given to incumbent companies, how much weight is given to incumbents versus non‐incumbents towards an award?

The FAA will conduct a fair evaluation in accordance with the evaluation criteria stated in the SIR, including the evaluation of past performance. Per the Evaluation Criteria stated in Section

M.3, there is no preference given to incumbents. No incentives will be given to companies partnering with Small Businesses.

General Since air traffic control is a highly technical career requiring superiorly trained and vetted employees due to the nature of the work being performed, how will the government ensure that all of the safety and quality control measures are being met external to the contractor's own self‐assessment quality

During contract execution, the FAA will evaluate FCTs in accordance with FAA Quality Control Directives.

General What is the government doing to ensure the best value from competitive bidders for this procurement?

Please see Section M.1.1 Award selection. FAA will conduct a fair evaluation in accordance with the evaluation criteria stated in the

SIR to determine the proposals that presents the most advantageous solution to the FAA, based on the evaluation of technical, price and other factors specified in the SIR.

General What measures will be established by the Program

Management Office for this solicitation to ensure that companies other than the incumbents have a reasonable chance of garnering an award without partnering with an incumbent contractor?

The FAA will award contracts to the offerors who provide the best value to the FAA in accordance with Section M. The FAA strives to define evaluation criteria that promote fair competition among qualified offerors.

General What was the government's intent for changing the number of operational areas from the previous operational area distribution?

FCT Map was changed to align with the Air Traffic Organization's

Service Areas. New Area boundaries will allow for better alignment with ATO Service Area structure and District realignment. Realignment will facilitate District oversight of FCT facilities.

General The draft performance work statement says that the contractors are subject to FAA evaluations in accordance with

JO 7210.634, Air Traffic Organization Quality Control. How often will each facility under the U.S. Federal Contract tower program be physically evaluated by the FAA to ensure the contractor's performance is in compliance with all FAA safety, security, and training mandates?

FAA's Quality Control Group establishes a schedule for External

Compliance Verification (ECV) visits.

General Will a company's operational safety performance record be evaluated for this award in the source selection, and if not, why?

The FAA is assessing updates to Section M to explicitly address the offeror's operation safety performance record as a part of the

Past Performance Evaluation.

General The reorganization of the Areas and addition of two new

Areas ensures no less than 26% of the FCTs will be transitioned and possibly involve all selected contractors.

Transitions introduce risks. Given the current instability with staffing at FCTs due to COVID vaccine mandates, FAA and

DoD hiring, employees fleeing high cost of living areas, and others choosing to leave the workforce all together, will the government meet with contractors before releasing the final

RFP to discuss staffing and how to reduce risks and ensure stability for the program?

The FAA will take this under advisement.

H 6.(b) Does this clause apply in any part to this contract? Yes it applies to this SIR. Please note that the final SIR will be updated to include AMS Clause No. 3.13‐15 in Section H in full text.

H 8.3 Can you verify the FAA Order to reference here? 7210.54 no longer valid.

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

H 17.4 Can you further define "break in service" to clarify inclusions? AMS Clause 3.6.2‐28 is subject to the SCLS 41 U.S.C. §§ 6701‐6707 and related DOL regulations ( 29 CFR Part 4). Under those regulations, "Whether or not there is a break in the continuity of service so as to make an employee ineligible for a vacation benefit is dependent upon all the facts in the particular case." 29 CFR

4.173(b).

H 28(b) Does this clause require permission to make adjustments to the contractor's corporate personnel?

No, the clause only applies to Key Personnel.

H 26 Can the ATM fill in for any vacations, illnesses, sick leave, and shortages that may occur?

Yes.

H 26 Will the ATMs be able to maintain currency and proficiency? Yes.

H 26 Will the pricing template for Area 2 be corrected to reflect sites within area 2? Currently, the template reflects sites in

Area 5

The FAA will review and update as needed.

H 26 Will the pricing template be revised to include a summary tab for the Base year and all Option periods?

The FAA will take this under advisement to explore the addition of a summary tab that would total the base and option years.

H 26 Is the FAA at the end of each fiscal year going to make a downward price adjustment below 98% and is it a requirement that the FAA has to approve?

The FAA is updating the language and requirements of H.26.

Deviations from negotiated hours have historically been caused by a variety of factors and have not been limited to any specific area.

H 26 Is the FAA at the end of each fiscal year going to make an upward price adjustment above 102% and is it a requirement that the FAA has to approve?

The FAA is updating the language and requirements of H.26.

Deviations from negotiated hours have historically been caused by a variety of factors and have not been limited to any specific area.

H 19 Does the FAA contractor need Medical Malpractice

Insurance?

The provisions for Insurance are located in Section H.19 of the

SIR.

H 19 Does the FAA contractor need Environmental Impairment

Liability Insurance?

The provisions for Insurance are located in Section H.19 of the

SIR.

H 19 Does the FAA contractor need Watercraft Liability Insurance? The provisions for Insurance are located in Section H.19 of the

SIR.

H 19 Does the FAA contractor need Automobile Liability Insurance? The provisions for Insurance are located in Section H.19 of the

SIR.

H 18 The Draft SIR states that Insurance is limited to $10,000,000 from the FAA. Did the FAA change the Aviation Operation

Insurance that they will procure for aviation operations insurance coverage for the FCT locations change from

$20,000,000 to $10,000,000 coverage per occurrence with no aggregate limit?

The correct dollar amount is $20 million. Section H.18 (Aviation

Operations Insurance) will be updated in the final SIR.

H 17.3 Can Part Time Employees be included in the 4 minimum Staff requirements?

Part‐time employees may be included to satisfy the minimum staffing requirements, but a job share package must be submitted for each location where part‐time employees are being proposed.

Each part‐time employee must have sufficient hours to be able to effectively maintain their currency and training requirements, The requirements and evaluation criteria for a job share package will be included in the SIR.

H 17.3 Are part time employees allowed/if so, what are the parameters and restrictions?

Part‐time employees may be included to satisfy the minimum staffing requirements, but a job share package must be submitted for each location where part‐time employees are being proposed.

Each part‐time employee must have sufficient hours to be able to effectively maintain their currency and training requirements, The requirements and evaluation criteria for a job share package will be included in the SIR.

H 17.3 Can the FAA define a part‐time employee? The FAA does not have a definition for part‐time employee. For offerors using part‐time employees, the FAA will require offerors to provide a definition of part‐time employees in their job share package.

H H.29.d

.7 Will there be any incentive for incumbents or non‐small business to partner with SBA for competition?

No incentives will be given to companies partnering with Small

Businesses.

H H.30 H.30 states that the applicable CBAs will not be released until final SIR release. Would the government consider earlier release of the CBAs, if available, to give non‐incumbents adequate time to incorporate CBA terms and conditions into draft staffing/pricing models?

The FAA will take this under advisement.

H H.26 In order to help offerors adequately project costs over the entire period of performance, would the government provide insight into how common it is for one of the areas under the current contract to go A) above 102% of the negotiated hours, and B) below 98% of the negotiated hours?

The FAA is updating the language and requirements of H.26.

Deviations from negotiated hours have historically been caused by a variety of factors and have not been limited to any specific area.

H H.26 Are deviations greater than 2% more common in particular areas? If so, which areas?

The FAA is updating the language and requirements of H.26.

Deviations from negotiated hours have historically been caused by a variety of factors and have not been limited to any specific area.

H H.26 What does the Government believe are the biggest driving factors that cause a contractor to fall significantly below negotiated hours? (i.e. recruiting challenges, retention in particular geographical regions, etc.)

The FAA is updating the language and requirements of H.26.

Deviations from negotiated hours have historically been caused by a variety of factors and have not been limited to any specific area.

I 4(a) We recognize the general objective of this clause. However, during the COVID pandemic, there were times that our facilities did close temporarily for COVID cleanings, which impacted our ability to continue service without interruption.

Would the government consider editing this language to include that caveat?

The FAA declines to revise AMS Clause 3.2.1.5‐4.

I 4(d)(4) We do not provide ATC services from an alternate location from the control tower. Can you confirm this clause is not intended to require an alternate tower location?

For ATC services, this clause does not require an alternate tower location.

I Will the contract include clause 3.2.4‐4 Fixed‐Price Contracts with Economic Price Adjustment‐Labor and Material (October

2019)

This clause is not applicable since the FAA is not adjusting labor rates based on hours. These contracts are subject to the Service

Contract Act.

I "If the economic terms of the collective bargaining agreement or the collective bargaining agreement itself is not attached to the solicitation, copies can be obtained from the Contracting

Officer." Will the Contracting Officer publish existing collective bargaining agreements?

Yes existing CBAs will be published with release of the final SIR.

J I The following FAA JOs are cancelled: 1000.40, 7010.14, 7210.54, 7350.8, 7930.2 (Now Notice to Air Missions) Will the government update applicable documents and titles?

The FAA will update in the final SIR.

J I FAA JO 3120.29 Flight Deck Training is mentioned as an applicable document and C.3.7.8 prohibits contract personnel.

Would the government please clarify its intent on this topic?

This order will be removed from Sections C and J.

J 2 The Following FAA JOs are cancelled: 7210.54 & 7350.8 and

7930.2 Now Notice to Air Missions. Will the government

update applicable documents and titles?

The FAA will update in the final SIR.

L 1.1(a) Does the government intend to reference L.17.1 instead of

L.19.1?

Section L.19.1 was incorrectly referenced. L.17.1 is the correct reference and will be updated in the final SIR.

L 17.1 Does the government intend to reference L.13 instead of

L.12.2?

The FAA correctly referenced the appropriate section. Section

L.13 is marked reserved in the solicitation.

L 17.3.3

.3 Is there a page limit for Volume I? Volume III is repeated.

There is an error ‐ Volume IV is Past Performance. Volume V is

Price. Can you clarify page limits for each volume?

There is no page limit for Volume I. This Section will be updated with release of the Final SIR.

L 19.1.1

.1.2 Does the government have a metric or specific guidance for when single staffing is allowed?

The FAA has no metric for when single staffing is allowed.

L 19.1.1

.2.1.4 Is this plan required to be in accordance with C.3.9? Yes l 21.1.3 Is there a limit on the number of problems? No

L 17.3.1 Are contractors allowed to use the name of their company and logo on any other page other than on the cover page and

TOC/will companies be issued an identifying number to use instead?

No please have your logo only on the cover page and Table of

Contents per Section L.17.3.1. Identifying numbers will not be used.

L L.11 L.11 identifies August 2022 as SIR release date. SAM.gov

(Clindsay062322) shows 4th Quarter of calendar 2022 as SIR release date. Can the Government confirm the SIR release date?

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

L L.16 The minimum qualifications outlined in L.16, "A minimum of three years of experience in providing administrative and operational support to personnel working at geographically separated locations," lacks specificity to the FCT SOW. Can the Government provide additional details as to what would be considered minimally qualified in terms of number of geographically separated locations, staff size, and administrative/operational support as related to the FCT SOW as outlined in AMS Procurement Guidance T3.b(5) which states "Each of these terms (size, scope, and complexity) should be SOW specific and defined in the SIR."?

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

L L.16 The minimum qualifications outlined in L.16, "A minimum of three years of experience in providing air traffic control services," lacks specificity. Can the Government confirm the requirement is to have provided "air traffic control services as outlined in the SIR "as outlined in AMS Procurement Guidance

T3.b(5) which states "Each of these terms (size, scope, and complexity) should be SOW specific and defined in the SIR."?

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.

5 Tab

E

Offerors are to submit a 10 page Minimum Qualification Brief, yet there is no corresponding Section M evaluation criteria for this submission. Can the Government explain whether Tab E is evaluated and, if so, under what evaluation criteria? If the

Minimum Qualification Brief is intended as an initial down‐ select, it may be better to evaluate Tab E as the first phase of a two‐phase evaluation.

The FAA will update Section M to include Minimum Qualifications

Brief evaluation.

L L.18.1.

6.1 Under L.18.1.6.1, "Offerors that intend to do 100% of the work are not required to submit a subcontracting plan."

Would the purchase of ODCs such as IT equipment and office supplies through a subcontract trigger this requirement?

No, this does not trigger the requirement to submit a subcontracting plan.

L L.19.1.

1.2.1.

"The Offeror must address the methodology for ensuring the assumption of ATC services at any Areas site within 60 days of assumption or relinquishment of responsibilities for ATC services." Is the 60 day timeframe a requirement of the contract or simply a timeframe for planning purposes?

The 60 day timeframe is a requirement of the contract.

L L.20.1.

2.1 "The Offeror must include a resume (limited to 2 pages per employee) of the proposed management team." Can the

Government confirm that this submission is in addition to

L.20.1.3 KEY PERSONNEL RESUMES? Is there any upper limit on the number of resumes submitted according to this requirement?

This is in addition to L.20.1.3 KEY PERSONNEL RESUMES. There is no limit to the number of resumes submitted for this requirement.

L L.21.1.

The past performance section requires "A list of all existing and prior contracts and subcontracts, completed during the past five years for the same or similar kind of work." Can the

Government provide additional size, scope, and complexity requirements to define "same or similar kind of work"?

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

L L.22.3 Under the Price Narrative, Offerors are to provide the

"Rationale used for the development of proposed escalation."

Previous FCT SIRs have included government required escalation. Can the Government confirm, that under the

Service Contract Act structure, Offerors are not to include escalation contingencies for covered employees? AMS Clause

3.6.2‐30 (b).

Yes, in accordance with AMS Clause 3.6.2‐30(b), included in SIR

Section I, Offerors must 'warrant[] that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause"

L L.22.2 does not show any goals listed or tabs to review, will this be published at a later date?

Subcontracting goals are located in Section M.7.4 of the SIR.

L L.18.1.

5 Tab

E; L.16

How does the Government define business entity? For example, industry has seen significant merger/acquisition activity over the last few years. If a multiple companies with decades of experience have recently merged under a new name, would that company still meet the "three years of experience as an operating business entity" threshold even if the company name is new?

The term "business entity" describes any organization formed to conduct business. For the specific example, the FAA would consider the merged company to have the meet the 3 year requirement.

L L.11 The current draft SIR lists a final SIR release date of August

2022. Does the government expect this timeline to be accurate? If not, what is the projected month/quarter of the final SIR?

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

L L.11 The current draft SIR lists a Receive Offers date of September

2022. What is the expected turnaround time from Final SIR release to Proposal Due Date?

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

M 1.2 Should the price be evaluated IAW Section M.8, not M.X? This will be updated with release of the final SIR.

M 2.7 Would the government verify the appropriate Section to reference as M.9 does not appear to be correct?

The FAA will address this comment with updates to the final SIR.

M 3.5 Would the government verify that the Subcontracting plan is

Factor 5?

The FAA will address this comment with updates to the final SIR and ensure the factor numbers are references consistently.

M 8 Would the government verify the Volume that should be referenced in this section? Volume X is listed.

It should state "Volume V". This will be updated with release of the final SIR.

M M.6.1 M.6.1 identifies Acceptable past performance where "The offeror's product or service satisfies the Government's minimum requirements as specified in the SIR." Can the

Government identify where those requirement are found?

Can the Government provide additional size, scope, and complexity details for any minimum requirements as outlined in AMS Procurement Guidance T3.b(5) which states "Each of these terms (size, scope, and complexity) should be SOW specific and defined in the SIR."

This section will be updated in final SIR.

M M.1.2 Some of the rating definitions make reference to "strengths" and "weaknesses" (while others do not). Can the

Government provide a formal definition of both "strengths" and "weaknesses"? Is it the Government's intention that some ratings will not reference "strengths" and "weaknesses" while other do?

The FAA will take this under advisement and may make an adjustments with release of the final SIR.

M M.2.7 "After each team completes their evaluations, an overall risk of each offeror for each area proposed will be determined.

Risk assessment is the Government's estimates as to the

Offeror's ability to perform successfully in light of the

Government's evaluation of the Offeror's proposal. Risk assessment will be conducted in accordance with Section

M.9" Section M.9 discusses a Responsibility Determination.

Is this the Government's intent? Does the risk assessment focus on program risk, safety risk, or both? Is the risk element separately scored and if so, will the Government publish risk evaluation scoring criteria? M.2.8 notes that the evaluation will be based on "technical proposal, risk characterization, price proposal, past performance, relevant experience, subcontracting plan and corporate and management as determined by the SSO." This suggests risk characterization is a separate evaluated factor.

The FAA will address this comment with updates to the final SIR.

M M.7.4 "At least five (5) percent or more of the planned subcontracting dollar value shall be allocated to small business including the following: small business concerns, small disadvantage business concerns, women‐owned small business concerns and service‐disabled veteran owned small business concerns." Can the Government confirm that the 5 percent requirement applies only to the overall small business plan and not separately to each listed small business category?

The 5% applies to the overall small business plan and not separately to each listed small business category.

M 3.3 How is Past Performance being specifically to be evaluated, how much weight is given to incumbent versus non‐ incumbent?

The FAA will be making updates to the Past Performance evaluation for the final SIR. The FAA will not a give specific weight to incumbents vs. non‐incumbents.

M 6.1 Will the other sources that data is obtained from be generated from the Past Performance Questionnaires?

The FAA may obtain Past Performance data from CPARS, Past

Performance Questionnaires, or other sources, in accordance with the final SIR.

M 7.2 This section states that the evaluations for award, M.7.2 The

FAA will evaluate whether the Offeror’s Small Business and

Small Disadvantaged Business Subcontracting Plan fully addresses each of the elements listed in FAA AMS Clause

3.6.1‐4 as well as the goals set forth in Section L.22.2 Tab D.

The FAA will review the evaluation of the Small Business

Subcontracting Plan and may make adjustments as needed with release of the final SIR.

Multiple

Areas

Historically, a vendor was allowed to win up to two major areas and two minor areas. In the new solicitation, the areas have been realigned with the Service Areas and increased from five CONUS areas to eight CONUS areas. With this increase in CONUS areas, the size of each has been reduced, sometimes quite significantly. Although the number of areas has increased, the maximum award as described in L.12.5

Proposal Submission remains the same for a total of four service areas (2 CONUS, 2 OCONUS). We appreciate the intent of the realignments, to provide more efficient operations when aligned with the Service Areas and also allow additional opportunities for new vendors. With that said, to ensure the

Government has increased flexibility in awarding areas based on the best‐value approach, we respectfully request the

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

Oral

Present ation

The lack of a requirement for an Oral Presentation was a surprising feature of this draft SIR/Market Survey.

Traditionally, the Oral Presentation component of the bidding process was a differentiator for this solicitation. A vendor must come to this presentation prepared with a team that is already on board and qualified to speak to the requirements of the program. It eliminated vendors proposing who they

‘will’ hire or what they ‘will’ do and focused on vendors that are solidly in the air traffic control business now with qualified resources already on board. We understand that in the current times, direct person to person meetings may not be desirable and suggest that a video meeting would suffice. We respectfully request that the Oral Presentation requirement be reconsidered.

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

Past

Perform ance

Require ments

The past performance requirements for this solicitation do not seem to match the weight of the critical safety functions of a contract of this magnitude. Rather than requiring only the somewhat open ended ‘contracts of similar services’, we suggest that the requirement be a demonstrated capability of operating at least 15 air traffic control towers simultaneously in geographically dispersed locations, in different cities, counties and possibly even states, perhaps also with 2 different unions, to properly reflect the requirements of a vendor in this program. A company should demonstrate a well established and time‐tested safety program, quality assurance program, and training program. A robust and flexible payroll system and process is required. A company should demonstrate their recruitment and hiring processes, especially in the current times when staffing shortages are plaguing the NAS. A company should have successfully transitioned a multi‐location area in a complex and safety sensitive program in the past, as the new areas require extensive transition regardless of area(a) of award. Finally, the vendor should demonstrate a history of financial stability as it is common for the FAA to process contract modifications many months after their effective date, leading to vendors paying higher costs without timely reimbursement.

The FAA will review this Section and may make changes as needed with release of the final SIR.

Price

Workbo ok

Currently, Sunday and Night differentials are a part of direct labor. Is it the government's intention to have Sunday and

Night differentials listed under fringe?

Sunday and Night differentials should be under direct labor.

Price

Workbo ok

Currently, training hours are a part of direct labor. Should training hours be entered under direct labor? There is no row for training hours.

Training hours need to be separate from direct labor. The FAA will update the pricing template.

Price

Workbo ok

There is no place for PMO costs in the pricing template.

Where should PMO costs be listed?

There is no PMO costs in this SIR.

Price

Workbo ok

Can additional OCS rows be added if required? The FAA assumes the reference to 'OCS' should be identified as

'ODCs'. No additional rows will be added for ODCs. 10 Rows for different types of ODCs have been added to the pricing template.

Price

Workbo ok

The previous SIR listed current FCT wages and required bidders to price those wages or the DoL Wage Determination wages, whichever was higher, and to escalate wages in the option years by at least 1% per year. Will the government do the same for the upcoming SIR?

The FAA will review and update this section if necessary.

Wages The solicitation is silent on a mandatory wage escalation. In the past, the FAA recognized that due to the severe delay in the Department of Labor issuing wage determination updates, a mandatory wage escalation in the contract was required to ensure adequacy of resources. The original mandatory escalation was 3%, which was reasonable given the cost of living increases in the economy. The most recent contract included only a 1% mandatory wage escalation, which did not keep up with normal cost of living increases and is woefully low compared to the current rate of inflation. We feel the impacts every day as we see experienced controllers choose other lines of work rather than take a contract controller position with outdated labor rates. We request that a 3% annual wage escalation again be included in the contract as the DoL has shown no signs of addressing the outdated wages included in the wage determinations relevant to this contract.

The FAA will take this under advisement.

General Is the decision to implement the new map final? Yes, the new map is final and will be included in the final SIR.

General When does the FAA intend to issue the new bid with the new map? Has the bid announcement been posted?

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

General When will the changes in the new bid/map be implemented?

Will there be a transition period?

The changes will be implemented in conjunction with the release of the final SIR. Transition period is 60 days.

General Why has the Agency changed the map? Is there an operational basis for this change?

FCT Map was changed to align with the Air Traffic Organization's

Service Areas. New Area boundaries will allow for better alignment with ATO Service Area structure and District realignment. Realignment will facilitate District oversight of FCT facilities.

General Did the FAA’s decision include any consideration of the potential disruptions to operations and labor relations from the new map?

The FAA did consider potential disruptions to operations and labor. The FCT contracts will have a 60 day transition period to minimize potential disruptions to operations and labor relations.

General Will there be changes to staffing plans at any facilities that may result in layoffs? When will that information be available?

The FAA does not anticipate any changes in staffing plans that will result in layoffs.

General Will President’s Biden’s November 18, 2021 Executive Order on Nondisplacement of Qualified Workers Under Service

Contracts – available at https://www.whitehouse.gov/briefing‐ room/presidential‐actions/2021/11/18/executive‐order‐on‐ nondisplacement‐of‐qualified‐workers‐under‐service‐ contracts/ – be applicable to the new FCT contracts?

This EO will apply to the new FCT contracts.

General Will the existing NATCA CBAs be included in the bids so that successor employers are required to pay the collectively bargained rates by the SCA?

Yes all CBAs will be included with the release of the final SIR.

General What will the FAA do to ensure compliance with Service

Contract Act?

The Service Contract Act is a federally mandated law. Ensuring

SCA compliance is the responsibility of the Department of Labor.