Question_and_Answers_for_Posting_8_through_xx.docx

Question and Answers Draft PWS/Solicitation HTC711-13-R-C003

Question 8 The solicitation states that the contractor must be an approved DoD air carrier as determined by the Commercial Airlift Review Board (CARB) and that this approval must be received by the date of the solicitation close. According to the Airlift Mobility Command website, “The initial approval process begins when a DOD contracting agency identifies a commercial air carrier as a potential awardee on a DOD contract.” (See attachment entitled CARB Approval Process.) These two statements seem to contradict one another in that the solicitation requires CARB certification before the solicitation is closed on May 8, 2013 but the website suggests that CARB certification can’t begin until a bid has been received by a contractor and the contractor is identified as a potential awardee. We would like to request a CARB certification inspection and on a recent phone call with Nashae Perez we were told that the DoD would sponsor us for a CARB certification. We are prepared for an inspection and would like to get started. Can we schedule the inspection at your earliest convenience

Answer 8 Department of Defense (DOD) Instruction (DODI 4500.53) requires that DOD components procure commercial air transportation services from air carriers approved by the DOD Commercial Airlift Review Board (CARB). Therefore, award of this contract must be made to a CARB approved carrier pursuant to this regulation. As noted in your question, the process begins when a DOD contracting agency identifies a commercial air carrier as a potential awardee on a DOD contract. You have not been identified as a potential awardee to warrant initiation of the approval process. AMC also states that DOD approval by the CARB takes approximately 120 days which may be delayed based on previously scheduled biennial surveys. At this time, we are approximately 120 days from contract award. The AMC website (http://www.amc.af.mil/library/factsheets/factsheet.asp?id=12125) states that if a DOD contract is in response to a relatively short-notice airlift requirement, then the contracting agency may have no choice but to award the contract to a carrier that is already DOD approved.

Question 9 The PWS states the contractor aircraft shall be equipped with necessary medical equipment and supplies to support medical personnel providing en route critical care to include, but not limited to, Basic Life Support (BLS), Advance Trauma Life Support (ATLS), Advanced Cardiac Life Support (ACLS), etc. These equipment requirements suggest to us that a full air ambulance medical bed is required. We have researched the costs and time required to install air ambulance medical beds in our aircraft and it appears to be very expensive and time consuming to get the necessary approvals from the FAA. We have been told by a manufacturer of these medical beds that it would take 6-7 months to gain FAA approval to operate a CASA 212 or Dornier 228 with medical beds. Anyone operating a CASA 212 or Dornier 228 (we own four CASA 212’s and three Dornier 228’s) would encounter the same time consuming approval process as there are no current Supplemental Type Certificates (STC’s) for these medical beds. (I have attached copies of emails and product brochures so that you can see the bed and associated costs.) Is the solicitation asking for air ambulance medical beds or is a standard litter/stretcher acceptable?

Answer 9 A standard litter/stretcher is acceptable. Examples of equipment/supplies are, but not limited to, items such as: oxygen, suction, defibrillator, IV supplies, equipment to intubate, etc. The nature of this service is performance based; therefore, the contractor determines the equipment/supplies necessary to provide en route critical care that complies with standards stated within the PWS.

Question 10 The PWS states that aircraft or equipment that are restricted by the International Traffic in Arms Regulations (ITAR) shall not be used under this contract. After reviewing ITAR Part 121.1 and 121.3 it is not clear whether the aircraft that we would bid for this contract are restricted by ITAR. Can you confirm that the CASA 212 and the Dornier 228 aircraft are not restricted aircraft under ITAR?

Answer 10 It is the responsibility of the contractor to determine ITAR applicability for their proposed aircraft. Paragraph 3.6.9 of the PWS has been modified via Amendment 0001 to read, The contractor shall obtain all necessary export licenses from the Department of State to address any International Traffic in Arms Regulations (ITAR) restrictions to facilitate performance in all required countries.

Question 11 The PWS states that all aircraft operations shall be conducted under FAA Regulation Part 135. It is our understanding that this would not be possible due to the air drop service requirements of the solicitation. In our current operation we conduct air drop operations for the US Forrest Service and Bureau of Land Management but do so under “Public Use” and not under Part 135. There are a couple of reasons for this. First, in order to conduct such drops of cargo and personnel, the aircraft requires a vertical post and a static line. This equipment configuration pushes the aircraft into the “Restricted” category from the “Standard” category, and therefore cannot conduct Part 135 operations. This would be true of any CASA 212 conducting such operations. The second reason is that there are no current provisions under Part 135 that allows for dropping of cargo or personnel. The air drop service requirement of the solicitation would be doable if the solicitation was changed to allow for aircraft operations under “Public Use” or if the Military were to grant a deviation under FAA Regulation Part 119.55. Would USTRANSCOM consider changing the solicitation to allow for operations under “Public Use” or grant a deviation under Part 119.55? We know of no operator, ourselves included, that would be able operate according to the current solicitation and not be in jeopardy of violation with the FAA.

Answer 11 As stated in paragraph 1.4.3, aircrew shall be air drop qualified in accordance with the contractor’s training program as approved by the FAA. As long as this approval has been granted by the FAA, performance under “Public Use” is not necessary as FAA Part 135 remains effective. The requirement remains as is.