Govt Responses to Industry Questions - 2.xlsx

Combined

Section:

App.

CDRL CLIN Question/Comment Government Response

Does the USN currently have an FAA-accepted CAMP?

Is it the intent of USN to require the CLS provider to stand up this capability?

Please provide NAVAIR’s understanding of Boeing’s regulatory obligations in this regard so that differences in understanding, if any, can be addressed between NAVAIR and Boeing before the final RFP is issued. As documented in FAA Memo AIR-100-11-100-002, FAA Order 8110.54A, chapter 6 paragraph 4.a, states that the DAH is required to make the ICA and any subsequent revisions available directly to the maintenance provider upon its request. If necessary, the CLS provider will be responsible for making arrangements with the DAH to gain that direct access.

FAA Memo AIR-100-11-100-002 states that, "it is not acceptable for a DAH to limit the distribution of ICA through restrictive access or use agreements, or by adding restrictive language that would control the use of ICA by an owner/operator with respect to the maintenance of its product." This memo further states that "It is not appropriate for a DAH to place limitations on the use of its ICA between the owner/operator and the maintenance provider, whether the maintenance provider is rated or not, to perform that maintenance... For those maintenance providers that have the necessary FAA rating, FAA Order 8110.54A, chapter 6 paragraph 4.a, states that the DAH would be required to make the ICA and any subsequent revisions available directly to the maintenance provider upon its request."

According to FAA Memo AIR-100-11-100-002, "FAA Order 8110.54A, chapter 6 paragraph 4.a, states that the DAH would be required to make the ICA and any subsequent revisions available directly to the maintenance provider upon its request." The CLS provider would be responsible for making arrangements with the DAH to gain that direct access.

Sec. C 3.0 3.4 FAA Order 8110.54A and FAR 21.50 do not prohibit the OEM from charging a customary fee for the release or subscription of ICA data to an MRO or CLS provider.

It should not be assumed the CLS provider will not be required to hold a license from the OEM and that cost should be included in any proposal to ensure fair competition. FAA Memo AIR-100-11-100-002 states that "It is not appropriate for a DAH to place limitations on the use of its ICA between the owner/operator and the maintenance provider, whether the maintenance provider is rated or not, to perform that maintenance... For those maintenance providers that have the necessary FAA rating, FAA Order 8110.54A, chapter 6 paragraph 4.a, states that the DAH would be required to make the ICA and any subsequent revisions available directly to the maintenance provider upon its request." The memo continues, "it is not acceptable for a DAH to limit the distribution of ICA through restrictive access or use agreements, or by adding restrictive language that would control the use of ICA by an owner/operator with respect to the maintenance of its product."

The CLS provider is responsible for making arrangements for data access and any associated costs incurred will not be paid separately by the Government during contract performance. (KJ)

Will contractor be able to contract with existing CSE maintenance at K-Bay (MALS) and or FTW JRB FRC for maintenance for such heavy equipment listed in Appendix (K)? For K-bay, a MOA is in place with the MAL/FRC.

For the future VMR-1 site, it is the Government's intent to provide fully equipped maintenance facilities/maintenance equipment. In the event this is not possible, an equitable adjustment subject to negotiation may be appropriate at a later date.

Sec. C 8.0 8.1.4 Will on-site facilities at FTW and K-Bay be available for load testing of PSE equipment such as A/C jacks, slings, etc.? For K-bay, a MOA is in place with the MAL/FRC.

For the future VMR-1 site, it is the Government's intent to provide on-site facilities for load testing of PSE equipment. In the event this is not possible, an equitable adjustment subject to negotiation may be appropriate at a later date.

Sec. C 9.0 9.0 Supply Support Materials Appendices (J) PSE and (K) CSE for VR-51 and VMR-1 are included in this CLIN.

Recommend that materials for PSE & CSE be tracked under separate CLINs since material requirements for these items are considerably different than requirements for aircraft materials. The Government does not intend to alter this requirement.

Sec. C 11.0 11.3 Due to the nature of technical publications and parts on the aircraft, all personnel working on a C-40A would be required to be "US Persons" per ITAR rules.

This should be clearly stated in the PWS. The Contractor is always required to comply with all US hiring and citizenship laws/regulations as well as ITAR rules and regulations in any Government contract.

See paragraph 3.10.5.4 Sec. C 11.0 11.4 Survival radios are typically maintained by MOB FRCs.

Unknown over and aboves that arise during the C-Check will get TAT consideration and will be determined during task order modification discussions between the Government and the vendor.

Section L 3.5 requires substantiation from the Contractor they are able to comply with this.

Sec. C App. F Att. (1) App. F-QASP, Enclosure (2) Performance Metrics, PWS Para. 8.4.5 - The CLS provider does not have warranty with The Boeing Company. All warranty claims must be submitted by Navy since Navy is the registered owner, per warranty terms and conditions. PWS paragraph 8.4.5 directs the CLS Contractor with regard to warranties it receives for parts and material it purchases under this contract. Additionally, if a warranty applies to a Government owned aircraft, the CLS provider shall pursue those warranties on behalf of the Government.

Sec. C App. F Att. (1) App. F-QASP, Enclosure (2) Performance Metrics, PWS Para. 9.0 - Will NAVAIR consider rating CONUS and OCONUS separately due to the requirements being different? Att. (1), App. (F), Enclosure (2) has been updated to reflect this change.

DFARS 228.370(b)(1), instructs this clause be used in contracts for modification, maintenance, repair, overhaul etc., except those contracts (ii) awarded under FAR Part 12 procedures for modification, maintenance, repair, overhaul, etc.

In Accordance with DFARS 216.506(a), the clause at DFARS 252.216-7006 is to be used in lieu of the clause at FAR 52.216-18 in indefinite-quantity contracts.

Sec. I N/A DFARS 252.204-7009 is not applicable to this solicitation/contract as the scope of contemplated work is not to perform "services that include support for the Government's activities related to safeguarding covered defense information and cyber incident reporting" as prescribed in 204.7304 (b).

Please advise how Boeing (the Contractor) is “furnishing advice or technical assistance directly the Government in support of the Government’s activities related to clause 252.204-7012”?

Furthermore, identify where in this contract, Boeing is being hired by the Government to assist the government in assessing third-party cyber incidents?

Since Boeing is not aware of being contracted by the Government to perform either of these tasks above under this contract, Boeing requests this clause to be deleted as it is not applicable. This clause will not be deleted.

The clause at DFARS 252.204-7009, para. (b) dictates what the Contractor can do with information if/when it receives information that was obtained from a third party when the third party reported a cyber incident. This situation could arise under this contract and both the Government and the Contractor would need to safeguard the information received.

The clause does not require the Contractor to furnish advice or technical assistance, nor does it apply only when that is the subject of the contract. It instructs that if the Contractor receives third party information resulting from a cyber incident report, the Contractor is permitted to access and use that information only for that purpose (not that it must) and that the Contractor is required to protect any such information it might receive.

Sec. I N/A DFARS 252.204-7012 - Please identify the Covered Defense Information (CDI) associated with the effort.

Part 1 If there is no CDI or CDI is inapplicable, then will the following statement be included in the contract award: “The Contracting Officer (CO), based on notification from the requiring activity, has assessed the scope of this contract and has determined that there is no Covered Defense Information (CDI) subject to the requirements of DFARS clause 252.204-7012 contained in this contract.”?

Part 2 If CDI cannot be specifically identified, could both parties agree CDI is defined as: “information developed by direct effort of the Contractor to deliver the goods and /or perform the services of the contract”? Part 1 The Contracting Officer will not alter the language of the clause.

As prescribed at DFARS 204.730(c), the clause at DFARS 252.204-7012 must be included "in all solicitations and contracts, including solicitations and contracts using FAR Part 12 procedures for the acquisition of commercial items, except for solicitations and contracts solely for the acquisition of COTS items." As this is a commercial contract and is not solely for COTS, this clause must be included and any CDI is subject to these requirements.

Part 2 CDI need not be specifically identified here.

Further, CDI is not defined as "information developed by direct effort of the Contractor to deliver the goods and/or perform the services of the contract”. CDI is clearly defined as follows:

252.7012(a) defines Covered defense information as "Unclassified controlled technical information... as described in the Controlled Unclassified Information (CUI) Registry... that requires safeguarding or dissemination controls... and is— (1) Marked or otherwise identified... and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or (2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract."

The CUI Registry states "Controlled Technical Information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination..."

Both sources state that "examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code."

This type of information would be provided to and used and stored by the Contractor for use in performance of CLS services and the Contractor would be required to comply with regulations for safeguarding this information.

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