FY23 RFP Q and A_20230828.pdf

Question Section/Para Reference Questions/Comments Government Response

Do we have to provide any further small business utilization plans and submit Attachment 4 and Attachment 5?

We are classified as a small business which is represented in our SAM registration. Do you require anything else when submitting our proposal other than a general statement in the applicable para's of the Technical Capability and Business Proposal sections stating that we are a small business?

What organization is requiring the “small business utilization plan” from a small business?

Given that the new ordering procedures are a significant change from past decades, would TCAQ be agreeable to require the buyer to inform the offering Carrier that their offer has been forwarded to the using unit for acceptance? This could allow the Carrier to review their offer, given that offers are submitted days/weeks prior to acceptance and TCAQ’s requirements change during that time period.

In accordance with the revised language in paragraphs 2.2.1 Schedule and A3.1.1.5 (Ordering Procedures), offers from Carriers will be binding at the time of submission. This language introduces a layer of complexity which creates uncertainty in the bidding process. Carriers will no longer be able to offer the same aircraft across multiple bids or contracts and may be forced to reduce submissions and seek only the single most likely requirement to offer against. Has the Government considered the changes to the PWS may reduce the volume of offers received from Carriers and limit their bidding capabilities? Will the government consider maintaining the current contract requirement, where offers are binding upon carrier submission of the Commercial Air Movement number?

USTC states an offer submitted by a Contractor is considered a firm offer that, when accepted by the Government, becomes 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. This section means that when a buyer hits the “accepted” button on GOPAX, the offer becomes binding to the Carrier, without the Carrier having the ability to reconfirm aircraft and crew availability as previously stated in former contract language by the issuance of a CAM number. Offers are always submitted days, weeks even months before trips operate, and the ability to do the last-minute check before CAM is important. This new contract change will eliminate multiple bids with one aircraft shell (You would accept first yes award notice and cancel remaining open offers on aircraft). In addition, safety issues such as runway items, taxiways, Notams etc. need up to date current review.

This PWS change takes that away from the Carrier. Any significant change in crewing or aircraft maintenance situation could lead to a mission requiring subservice. Finally, if this change takes place at time of offer the air carrier will have to complete an operational deep dive on all offers despite running less than a 10%+ hit rate on offers. An extreme amount of operational analysis wasted when 90+ % of all offers carriers make are not accepted. This change to the Ordering Procedure is not supported and needs further discussion to determine a process where operational elements are given a final review prior to assignment of a mission. Without this last minute check, undesirable risks are taken.

DOM: (current contract)

1) Carriers provides offer w/schedule & price for requested MRN

2) USTC evaluates then forwards offers to traveling unit

3) USTC accepts offer and advises carrier

4) Carrier provides CAM which like INTL side w/commercial schedule the carrier is able to formalize contracting the mission. (Carrier does a more in-depth airport evaluation as needed upon knowing offer is forwarded or offer is accepted and prior to provided CAM.)

5) DO issued

DOM: (new contract)

1) Carriers provide offer w/schedule & price for requested MRN

2) USTC evaluates then forwards offers to traveling unit

3) USTC accepts offer which contracts mission.

4) DO issued

3 2.2.1.2 Schedule Reliability

Please advise how you came up with this new metric.

As we interpret this, if a carrier incurs a delay >24 hours then they would have to have to have no additional delays for a period of 60 missions in order to maintain 95%. (60 missions minus 3pts for 1 >24hr delay, 57 / 60 missions = 95%) – are we interpreting this correctly?

If correct above, we find this overly onerous and unrealistic.

For carriers like us who operate infrequent as of late, one excessive delay could drive the percentage negative.

We would like to have a conversation around this change to get a better understanding.

Point delays were reevaluated to put emphasis on maintaining schedule and reducing the impact of delays to the mission. The change in metric from delay to points is to focus time in delay versus being one delay.

For carriers who operate infrequently, delays are handled on a case-by-case basis to prevent one delay from over penalizing the carrier. PWS 2.2.2 Carrier Performance states "The carrier operating passenger/cargo missions shall maintain a 95% (percent) schedule reliability rate as the minimum acceptable standard of performance, based on 20 or more passenger/cargo missions during a three-month period, in which a round trip equals two missions. When volume is less than 20 missions, reliability will be reviewed on a case-by-case basis."

Referenced Publications and Forms, the version date of the directives has been removed. Were the dates removed in error? As currently drafted, a carrier is required to constantly monitor numerous publications, directives, and forms to ensure compliance with the then current version. This is an extremely onerous requirement for the carriers and significant deviation from the current contract. Will the government consider maintaining the current contract requirement where publications, directives and forms are identified by date?

Acknowledged, this section was matched to how we do CRAF. The forms are constantly changing and with dates in there we would need to continue to do modifications to make sure we had the latest dates.

Request hyperlinks for the Directives in Appendix 2 – and add Cyber publications referenced throughout 6.4. Due to the constant change, Hyperlinks are not being added to the PWS.

5 H-1 Original Date Offers Due Previous solicitations provided a minimum of 30 days for the proposal submission due date. The current solicitation only offers 12 calendars for the due date. Will the government consider extending the proposal submission date to 25 August 2023?

Acknowledge the concern. Proposal Submission due date has been extended to 21 Aug 2023.

6 2.1.6 Military Impedimenta USTC is requiring Military impedimenta, when not accompanied by passengers, shall also be accepted, and transported by the carrier as air freight.

As a passenger air carrier, we are not set up to accept freight shipments and all the associated requirements of acceptance of cargo. This should go on the contracted Cargo carriers or commercial means such as FedEx / UPS etc.

Acknowledge, paragraph follows the DTR Part I, Appendix I

7 4.2.7 Action to be taken during a delay

USTC states a carrier will immediately notify the 618th AOC (TACC)/MODO at (618) 229-0320 of any flight delays that are in excess of one (1) minute from the scheduled departure time.

Notification for a 2-10 minute flight delay is excessive. A more realistic parameter would be 15 or 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.

Para 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.

Para 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.

8 1.0.11.2 Concurrent Servicing Supervisor

Delete “supervisor” after CSS in the second sentence. The CSS supervisor has full authority during all phases of ground servicing operations.. Acknowledged, this was removed prior to posting the Final PWS. Refer to the PWS dated 28 July 2023 that was posted with the Solicitation

4 Appendix 2 Referenced Publications and Forms

HTC711-23-R-CC01

FY23 Domestic RFP Q&A

PWS language in sections 2.2.1 and A3.1.1.5 has been updated to read "An offer submitted by a Contractor is considered a firm offer that, when accepted 24-hours after acceptance by the Government, becomes binding. Offerors can withdraw offer via email to the contracting officer any time prior up to 24-hours after Government acceptance and award."

Acknowledged, if tails are submitted with competing offers then it’s the responsibility of the carrier to specify if an offer is contingent on not accepting another offer. For example, Carrier offers on MRN ABC stating offer is contingent on not accepting offer on MRN XYZ and Carrier offers on MRN XYZ stating offer is contingent on not accepting offer for MRN ABC. If the Government accepts two offers with a contingency on another offer, the carrier will not be bond to that offer. Contingencies on International offers will also be accepted, for example, offer on MRN ABC is contingent on not accept offer on PR 123.

The PWS language aligns with the FAR which states:

FAR 15.215-1(c)(3)(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.

15.215-1(f)(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.

Related to point "4)" which states "like INTL side w/commercial schedule", changing offer to be binding upon acceptance mirrors international contract, Government's notice of acceptance is binding on carrier.

1 H-1 Page 55, H-1, (1), a, iv - Attachment 4 & 5

In accordance with Federal Acquisition Regulation (FAR) Subpart 19.702(b)(2), a small business concern does not submit a subcontracting plan (Attachment 4). The subcontracting plan is only a requirement applicable to Other Than Small Business concerns (Large Business Concerns).

Defense FAR Supplement (DFARS) 215.304(c)(i)(b) authorizes the evaluation of small business utilization under the source selection process. All offerors (large and small) shall complete Attachment 5 and submit with their proposal package as required in solicitation, HTC711-23-R-CC01, paragraph

H-1(1)(a)(iv), Proposal Preparation Instructions.

Both the Subcontracting Plan and the Small Business Utilization Plan are requested and reviewed by the USTRANSCOM Small Business Directorate; as required by FARS, DFARS, and DoD Source Selection Procedures.

A3.1.1.5 (Ordering Procedures)

2.2.1 Schedule &

Appendix 3

Per the Solicitation, due to the time required to research questions and provide answers, questions received less than ten calendar days prior to the due date of offers specified in this solicitation may not be answered.

9 1.0.11.3 Supervisory Contractor Representative (SCR)

Add hyperlinks to TOs Due to the constant change, Hyperlinks are not being added to the PWS. Manual reference was incorrect and corrected to the Air Force Manual (DAFMAN) 91-203, Chapter 18

10 1.0.13 Military Working Dogs We request that the same language as found in the Long Range International contract be adopted. Acknowledge, PWs has been updated to replace FAA Regulations to DoD Instructions to align with the CRAF contract.

11 2.0.1 ON/OFF-LOADING OF

AIRCRAFT

7th line. – Add “cargo manifests and” prior to “the DD Form 1907”….. Acknowledge, PWS has been updated to include "cargo manifest and DD Form 1907"

12 2.0.7.1 Deficit Traffic Can you explain why the penalty is not being handled the same way as is done in the LRI contract? Deduction based on a seat mile or pay ACL reduction caused by the deficit.

Only mentions cargo – what about PAX?

The Long Range International Contract (AKA: CRAF), is based upon a uniform rate and standard ACL (per seat mile or ton mile) paid by airframe type.

The Domestic contract uses competitive bidding procedures where each route could be different amounts by airframe based upon each individual carriers bid.

13 2.1.5 Passenger Manifests Add IAW DTR Part III Chapter 303 after “weights” Acknowledged, PWS has been updated to reflect DTR PART III Chapter 303 vs 103.

14 Appendix 4 Required Reports - Hazardous Materials

Our original request was States “refer to paragraph 3.5., Hazardous Materials” – 3.5 not found. Now changed to reference 2.0.17 but it really should be 2.015 Acknowledged, PWS has been updated to reference 2.0.15

15 Section 6 Cyber Security CUI/DTI definitions remain too broad and ill-defined CUI/DTI is not referenced in the Appendix 1 – Acronyms and Definitions – Request to be added

Acknowledge, This language is directed by the DoD.

CUI/DTI is defined as any information developed or received in the course of planning, ordering, shipping, tracking, and invoicing in support of the requirements of this contract. This is stated in para 6.1 of the PWS.

Per DFARS 252.204-7012:

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

Cyber incident reporting refers to any cyber incidents that affect any portion of the contractor’s systems that would impede their operations in performance of Government missions. Table 1 under para 6.4.2.1.2 defines the type of cyber incidents to report.

16 H-1 Attachment 4 - Small

Business Subcontracting Plan Template

For the Small Business Subcontracting plan template, the way I read things is if we have an approved commercial plan, this is NA. Instead of completing Attachment 4, offerors must submit their commercial subcontracting plan. The commercial subcontracting plan should include the page with the Federal Contracting Officer’s signature page who approved the commercial subcontracting plan.

17 H-1 RFP Contract Section H

What documents do I need to submit beyond the SF-30 form?

1.Cover le er 2.Air Carrier Cer ficate

3.SF1449

4.Copy of Sam.gov 5.FPA Agreement 6.Kerosene Waiver Form 7.Small Business Sub-contrac ng 8.New Ident plates?

9.Wage Determina on?

Section H Instructions to Offerors documents the requirements for proposal preparations in Section H-1. All documents listed or needed to support a.

Technical Capabilities i through iv and b. Business Proposal I through vii should be included in the proposal submittal.

18 H-1 Small Business Subcontracting Plan

Can you confirm the information we disclose on our SBA Plan will not become public information. Can you please speak a little more about what circumstances would result in the subcontracting plan being released to the public? In those cases, would Sun Country be able to control which information is redacted?

No it is not to be shared with the public, however, the subcontracting plan is incorporated into the contract. USTRANSCOM does not release contract information to the public without a FOIA request. If the contract was released to the public via a FOIA request, any proprietary or financial information is redacted. If a FOIA request is received for the information in the contract both TCAQ and the submitter (the Contractor) would have a chance to review and present any objections the release of any information in the responsive documents prior to release

19 Section 7 Operation Security Numerous questions/comments received Section 7, Operations Security, has been deleted in its entirety from the PWS.

20 2 Cargo - General Requirements Do you have posted cargo volumes from last year?

There was a total of 16 cargo missions for FY23 (Oct 2022 - Jul 2023)

21 4.2 Delays

In the event this is a military controllable delay (i.e. unit arrives, incorrect weights on manifest, military base servicing) does the below still hold true?

4.2 DELAYS

4.2.1 DELAY DETERMINATION. A delay shall be deemed to have occurred at the mission’s final arrival/offload destination station of either the originating or turnaround mission if the contractor’s aircraft arrives at the blocks more than one (1) hour after the scheduled arrival time.

4.2.7 ACTION TO BE TAKEN DURING A DELAY. When a delay or diversion from itinerary or schedule occurs at any point of a charter for any reason, the carrier shall:

(1) Immediately notify the 618th AOC (TACC)/MODO at (618) 229-0320 of any flight delays that are in excess of one (1) minute from the scheduled departure time.

(2) Arrange meals for all passengers manifested on the flight if the delay extends over a meal period at the delayed station. Contractor shall retain responsibility for passengers until such time as they are moved by the contractor or the government, or the requirement is canceled by the government.

(3) Arrange for overnight lodging and necessary transportation to and from such lodging when determined by the CO or Contract Airlift Duty Officer. When delayed passenger care requires overnight billeting, the contractor shall ensure each delayed passenger is afforded the opportunity to have a separate room.

Or does the below answer my above question.

4.2.9 CONTRACTOR RESPONSIBILITY DURING CONTROLLABLE DELAYS. If the delay is determined to be chargeable against the carrier, the contractor shall be responsible for any other added costs such as, but not limited to, the cost of meals and lodging, transportation to and from meals and lodging, bus waiting time charges, provisions for security of aircraft, all passengers and cargo, and cancellation or rescheduling charges. Additional charges to the contractor do not include personal costs incurred by the passengers.

4.2.10 CONTRACTOR RESPONSIBILITY DURING UNCONTROLLABLE DELAYS. The contractor shall be responsible to provide care for the passengers during uncontrollable delays on a reimbursable basis when directed to do so by the CO or after-hours Contract Airlift Duty Officer.

Care of passengers includes billeting and transportation to and from billeting area. Meals and personal expenses (i.e., telephone calls, television, internet access, electronic gaming, etc.) shall not be provided.

If there is a delay, no matter who caused it, the contractor is responsible for notifying the AOC with the delay. The contractor is also responsible for arranging certain things as listed in the PWS (i.e. lodging, transportation) during those delays, if required. Who is responsible for paying for those items during the delays is determined by “Controllable” vs. “Uncontrollable” delay as defined in the PWS. Carriers only arrange meals and lodging if it is a controllable delay made by the carrier. For controllable delays, the unit provides invoices for the costs that were incurred during the delay and those costs are deducted from the delivery order. If the unit is the cause of the delay than it is the unit's responsibility to obtain meals, lodging, etc. In either case, the contractor is not responsible for personal expenses (i.e. telephone calls, tv, internet access, electronic gaming, etc).

22 4.2.10 Contractor Responsibility

During Uncontrollable Delays

Regarding “telephone calls, tv, internet access, electronic gaming, etc. shall not be provided,” how does USTC expect the carrier to “control” this component with the passengers in the traveling unit in the event this does occur?

4.2.10 CONTRACTOR RESPONSIBILITY DURING UNCONTROLLABLE DELAYS. The contractor shall be responsible to provide care for the passengers during uncontrollable delays on a reimbursable basis when directed to do so by the CO or after-hours Contract Airlift Duty Officer.

Care of passengers includes billeting and transportation to and from billeting area. Meals and personal expenses (i.e., telephone calls, television, internet access, electronic gaming, etc.) shall not be provided.

For Uncontrollable delays it states that Meals and personal expenses i.e. telephone calls, tv, internet access, electronic gaming, etc. shall not be provided. This means that the carriers are not required to pay for meals and these personal expenses during uncontrollable delays.

23 Appendix 1 Acronyms & Definitions

Review Definitions section as there are definitions from the INTL contract not applicable to DOM contract. One example below, but found additional definitions that even reference SAAM missions…

Standard Allowable Cabin Load (ACL) - ACL identified in Rates and Rules by Aircraft Type.

Appendix 1, Acronyms and Definitions, was reviewed and updated to remove acronyms and definitions that do not apply to the Domestic PWS/contract.