FY23 Questions and Answers Synopsis.pdf

Question Section/Para Reference Questions/Comments Government Response The new proposed language is a challenge for us as we offer our aircraft availability for both the domestic and CRAF contract sometimes offering over each other. When the intl buyers ask for availability we do not know which trips or dates we will be awarded a requirement and we may have offered our availability to both the Go Pax and international shops for the same dates. Suggest keeping the language as it is in the current contract.

if a carrier submits an offer and the CO accepts then the trip is essentially contracted vs. today’s world the CO accepts the carrier’s offer, then the carrier provides a CAM which signifies that the trip is contracted, correct? If moving forward that a CO accepts an offer and essentially that indicates the mission is contracted then carrier has significant concerns with this updated language.

2 2.1.10 Locations with Currently

Calibrated Scales

The Government will provide the carrier with a passenger manifest which includes the actual weights of each passenger and their carry-on and personal items. For mixed loads of military members and their dependents, the Government will provide the carrier with a passenger manifest which includes the interrogated weight of each passenger in conjunction with the actual weight of carry-on baggage and personal items. Contractors should use FAA Principal Operating Inspector approved guidance for hand-carried baggage and personal items. All items transported in the cargo compartment of a contractor aircraft shall be weighed.

Acknowledge, Language was updated in the PWS version 31 July 2023 to match the CRAF PWS.

3 4.2.7 Actions to be taken during a delay

When a delay or deviation from itinerary or schedule occurs at any point of a charter for any reason, the carrier shall: 1. Immediately notify the 618th AOC of any flight delays that are in excess of one (1) minute from the scheduled departure time. If the delay occurs after normal duty hours, contact the 618th AOC (TACC) at (618) 229- 0320/21/22/23,.Suggest changing the delay notification from 1 minute to 30 minutes

This is an AMC requirement to report delays in excess of 1 minute. Reference below AMC Instruction Language.

AMC instruction AMCI10-2102V6 23 January 2019 provides specific reporting timelines for delays, which includes commercial missions.

Per 5.7. Deviations. Deviations must be entered ASAP, but no later than 2 hours after the aircraft has departed. C2 controllers must coordinate deviation code information with applicable responsible agencies such as maintenance, host base, 618 AOC, etc. Specifically, C2 controllers are responsible for gathering facts, selecting and entering the proper deviation information and entering deviations remarks into GDSS.

Per 5.7.2. Commercial Missions. Deviation remarks are required when a commercial aircraft departs (launches) 1 minute or more after the scheduled departure or DST. Commercial carrier mission-timing is computed from block-in to block-out. A Block-in and block-out time is required for Commercial missions in GDSS (T-2). Deviations are computed from block-out time versus ATD.

4 2.0.15 Seat Loading Baggage (Old

Reference) The decision to put bags in the cabin should remain a carrier decision based on their approved manuals.

2.0.15 is Transporting Hazardous Materials under this PWS that was posted with the synopsis. Language was updated in the PWS version 31 May 2023 to remove Seating Loading Baggage.

2.0.17 (2.0.15 New Section)

Transporting Hazardous Material

2.0.17 TRANSPORTING HAZARDOUS MATERIAL. The contractor (if FAA certified to carry hazardous material) shall transport hazardous materials aboard flights when prepared in accordance with 49 CFR Parts 100-199 for carriage on commercial, passenger aircraft contracted to AMC or in accordance with AFMAN 24-604 when tendered under DOT Special Permits 7573 or 9232.. All hazardous materials shall be properly prepared and cleared for air movement by the Government prior to loading the aircraft.

Prior to departure, the aircraft captain will be briefed by the Government in accordance with AFMAN 24- 604 or Title 49 CFR to include the following, as applicable: (1) DOT Special Permit 7573 or Special Permit 9232 is being used, if applicable. A copy of the special permit will also be provided.

DOT proper shipping name, hazard classification, and identification number prescribed in 49 CFR Section 172.101 for passenger-carrying aircraft or as prescribed in AFMAN 24-604and DOT Exemption with Special Permit (when utilized) for each hazardous item that is aboard the aircraft New PWS Reference 2.0.15 - Acknowledged, Language was updated in the PWS version 31 May 2023 to match the

CRAF PWS.

FY23 Domestic Synopsis Q&A

HTC711-23-R-CC01

1 A3.1.1.5 Appendix 3

Acknowledged, If tails are submitted with competing offers then it’s the responsibility of the carrier to specify if an offer is contigent on not accepting another offer. FAR 15.215- 1(c)(3)(v), and 15.215-1(f)(10), which state (respectively), (v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

It is standard for government contracts and is in essence basic contract law. There is an offer, acceptance and consideration, something given of value in return for performance. In this case, the contractor would make an offer, the government accepted, and the consideration is that the government agrees to pay the stipulated rate after the mission is performed.

6 2.2.1 Schedule

“An offer submitted by a Contractor is considered a firm offer that, when accepted by the Government, become binding. Offerors can withdraw offer via email to the contracting officer any time prior to Government acceptance and award. The Government’s request for Commercial Air Movement (CAM) number indicates acceptance of an offer by the Government.” Is the award binding when we receive an email from GoPax? Or when the carrier assigns the CAM? Scenarios which may complicate the award process if it is when we receive the email, Placing multiple offers with limited aircraft. It is common we offer on different requests knowing we have a limited number of aircraft. Once, we accept the award, we would go back and withdrawal all remaining pending offers. This could become a timing issue if multiple offers are accepted in a short period of time.Limited crew availability.If we have the aircraft, but limited crew resources, we will require a signoff from our Crew Scheduling team prior to accepting the award. Short notice awards (within 72 business hours) If awarded a move, departing within 72 business hours, we would require all operational team’s approval prior to acceptance. This sign off is required so all operational teams have eyes on the award.

Acknowledged, Carrier is responsible to vet requirement before offering. If tails are submitted with competing offers then it’s the responsibility of the carrier to specify if an offer is contigent on not accepting another offer. When an offer is submitted it is considered binding. FAR 15.215-1(c)(3)(v), and 15.215-1(f)(10), which state (respectively), (v) Proposals may be withdrawn by written notice received at any time before award. Oral proposals in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile proposals, proposals may be withdrawn via facsimile received at any time before award, subject to the conditions specified in the provision at 52.215-5, Facsimile Proposals. Proposals may be withdrawn in person by an offeror or an authorized representative, if the identity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award.

(10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party.

It is standard for government contracts and is in essence basic contract law. There is an offer, acceptance and consideration, something given of value in return for performance. In this case, the contractor would make an offer, the government accepted, and the consideration is that the government agrees to pay the stipulated rate after the mission is performed.