Question_and_Answers.xlsx
XLSX spreadsheet 201 KB Posted
- Attached to
- Advanced Helicopter Training System (AHTS) TH-XX Aircraft Federal contract opportunity
- Solicitation number
- N6134019R0007
About this file
This amendment to solicitation N6134019R0007 provides responses to potential offerors' questions and incorporates updates to the solicitation. The Navy seeks an advanced helicopter training system aircraft to replace the TH-57 training fleet. Key requirements include delivery of 25 aircraft and associated equipment in the first year, with additional lots delivered annually. Offerors must provide documentation demonstrating compliance with detailed technical and support requirements. The amendment includes a revised performance work statement and access agreement for engineering analysis data. The proposal due date was not extended.
View the file
Other files for this federal contract opportunity
Show all 50
Advanced Helicopter Training System (AHTS) TH-XX Aircraft has more files on GovTribe.
On GovTribe
Work with this file on GovTribe
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
A-K
| Page # | Title | Recommended Text | Government Response | |||
| 6 | Item No. 005 Hoists | Qty 25 ea. One (1) Hoist and (1) Hook per aircraft delivery for the first 25 aircraft. To be delivered with the first 25 aircraft under CLIN 0001. | Reference to delivery of Hooks is captured in the section C reference to PWS paragraph 3.1.9.1. The requirement for Sling Load (hooks) and delivery are captured in PWS paragraph 3.1.9.2 & CLIN 0011. | |||
| 14 | B‐3 Extended CLIN Description | |||||
| OPTION CLINS 0010 DATA IN EXCESS OF FFF/OMIT | The Contractor shall provide data in excess of OMIT data, materials, FFF data and any applicable instructional and training materials applicable to CLIN 0X01. The data to be provided hereunder shall be furnished IAW Section C, Table C‐ 3. | Disagree with this deletion. Recommendation not accepted. | ||||
| 5 | SUPPLIES/SERVICES ITEM NO | |||||
| 0003 Lot I Spare Parts FFP | Lot I Spare Parts list of items to be proposed by Offeror. NOTE: The requirements in DFARS 252.211‐7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification, or a DoD recognized unique identification equivalent | DFARS Clause 252.211-7003 is applicable. The requirements of the clause may be satisfied with the commercial equivalents identified within the clause. | ||||
| 5 | SUPPLIES/SERVICES ITEM NO |
0004 Peculiar Support Equipment
| FFP | Peculiar Support Equipment list of items and quantities to be proposed by Offeror. | |||
| NOTE: The requirements in DFARS 252.211‐7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification, or a DoD recognized unique identification equivalent. | DFARS Clause 252.211-7003 is applicable. The requirements of the clause may be satisfied with the commercial equivalents identified within the clause. | |||
| 8 | SUPPLIES/SERVICES ITEM NO 0101 OPTION |
TH‐XX Full Rate Production Lot II FFP Quantity for Lot II = 36 TH‐XX Full Rate Production aircrafts. Inspection and Acceptance Procedures to be proposed by Offeror. Offeror shall fill in Section E NAVAIR clause 5252.246‐ 9512 for Lot II deliveries. Proposed procedures shall be IAW FAR 52.246‐2 and 52.246‐16.
NOTE: The requirements in DFARS 252.211‐7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification, or a DoD recognized unique identification equivalent.
| FOB: Origin (Shipping Point) | DFARS Clause 252.211-7003 is applicable. The requirements of the clause may be satisfied with the commercial equivalents identified within the clause. | ||||
| 9 | SUPPLIES/SERVICES ITEM NO 0103 OPTION | ||||
| Lot II Spare Parts FFP | Lot II Spare Parts list of items to be proposed by Offeror. NOTE: The requirements in DFARS 252.211‐7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification, or a DoD recognized unique identification equivalent. | DFARS Clause 252.211-7003 is applicable. The requirements of the clause may be satisfied with the commercial equivalents identified within the clause. | |||
| 10 | SUPPLIES/SERVICES ITEM NO 0104 OPTION | ||||
| Peculiar Support Equipment FFP | Peculiar Support Equipment list of items and quantities to be proposed by Offeror. | ||||
| NOTE: The requirements in DFARS 252.211‐7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent. | DFARS Clause 252.211-7003 is applicable. The requirements of the clause may be satisfied with the commercial equivalents identified within the clause. | ||||
| 10 | SUPPLIES/SERVICES ITEM NO 0201 |
TH‐XX Full Rate Production Lot III
| FFP | Quantity for Lot III = 36 TH‐XX Full Rate Production aircrafts. Inspection and Acceptance Procedures to be proposed by Offeror. Offeror shall fill in Section E NAVAIR clause 5252.246‐ 9512 for Lot III deliveries. Proposed procedures shall be IAW FAR 52.246‐2 and 52.246‐16. | |||||
| NOTE: The requirements in DFARS 252.211‐7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent. | DFARS Clause 252.211-7003 is applicable. The requirements of the clause may be satisfied with the commercial equivalents identified within the clause. | |||||
| 11 | SUPPLIES/SERVICES ITEM NO 0203 | |||||
| Lot III Spare Parts FFP | Lot III Spare Parts list of items to be proposed by Offeror. NOTE: The requirements in DFARS 252.211‐7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent. | DFARS Clause 252.211-7003 is applicable. The requirements of the clause may be satisfied with the commercial equivalents identified within the clause. | ||||
| 12 | SUPPLIES/SERVICES ITEM NO 0301 | |||||
| TH‐XX Full Rate Production Lot IV FFP | Quantity for Lot IV = 30 TH‐XX Full Rate Production aircrafts. Inspection and Acceptance Procedures to be proposed by Offeror. Offeror shall fill in Section E NAVAIR clause 5252.246‐ 9512 for Lot IV deliveries. Proposed procedures shall be IAW FAR 52.246‐2 and 52.246‐16. | |||||
| NOTE: The requirements in DFARS 252.211‐7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent. | DFARS Clause 252.211-7003 is applicable. The requirements of the clause may be satisfied with the commercial equivalents identified within the clause. | |||||
| 13 | SUPPLIES/SERVICES ITEM NO 0303 | |||||
| Lot IV Spare Parts FFP | Lot IV Spare Parts list of items to be proposed by Offeror. NOTE: The requirements in DFARS 252.211‐7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification, or a DoD recognized unique identification equivalent, | DFARS Clause 252.211-7003 is applicable. The requirements of the clause may be satisfied with the commercial equivalents identified within the clause. | ||||
| 18 | 5252.247‐9503 | |||||
| MARKING OF WARRANTED ITEMS (NAVAIR) (OCT 20 | This is not generally utilized for Commercial Off The Shelf. Recommend removing clause. | NAVAIR has re-evaluated the use of NAVAIR Clause 5252.247-9503. Based on this review, the clause has been deleted from the final solicitation. | ||||
| 19 | 5252‐246‐9512 | (a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by DCMA at the awardee’s facility (office location to be provided at time of award). |
(b) Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements.
In accordance with FAR 12.208 Contracts for Commercial items shall rely on contractors’ existing quality assurance systems as a substitute for Government inspection and testing before tender for acceptance unless customary market practices for the commercial item being acquired including in‐process inspection. Any in‐process inspection by the Government shall be conducted in a manner consistent with commercial practice.
| *With the exception of the initial delivery of Lot 1 of CLIN 0001, all remaining 0X01 CLINs shall be inspected and accepted IAW FAR 52.246‐2 and FAR 52.246‐16. | Recommendation to add additional language to NAVAIR Clause is not accepted as the intent of the recommendation is adequately addressed under FAR clause 52.212-4. | |||
| 20 | 5252.246‐9528 | |||
| INSPECTION AND ACCEPTANCE (SPECIAL CONDITIONS) (NAVAIR) (OCT 2005) | (a) Initial inspection of the supplies to be furnished hereunder shall be made by DCMA (office location to be provided at time of award) at the contractor's or subcontractor's plant located at [insert address/location of plant where inspection will take place]. Final inspection and acceptance shall be made by DCMA (office location to be provided at time of award) within [insert number of days in which final inspection/ acceptance will be made] after [insert beginning time for final inspection/acceptance]. |
(b) Initial inspection shall consist of quality assurance at point of manufacture and/or assembly and check/test prior to shipment. Final inspection and acceptance will be made by the Receiving Activity after installation/check out testing of the supplies.
In accordance with FAR 12.208 Contracts for Commercial items shall rely on contractors’ existing quality assurance systems as a substitute for Government inspection and testing before tender for acceptance unless customary market practices for the commercial item being acquired including in‐process inspection. Any in‐process inspection by the Government shall be conducted in a manner consistent with commercial practice.
| *Only applicable to the initial delivery under CLIN 0001 IAW FAR 52.246‐2 and FAR 52.246‐16. | NAVAIR has re-evaluated the use of NAVAIR Clause 5252.247-9528. Based on this review, the clause has been deleted from the final solicitation. | |||||
| 21 | Deliveries of Performance F‐1 TH‐XX PRODUCTION LOT DELIVERY | Assuming a contract award date of November 2019, the Offeror shall fill‐in the below tables with a proposed helicopter delivery schedule. The first deliveryies shall be no later than 12 months after contract award with a ramp up to at a rate of three aircraft per month over a continuous 12‐month period. | Delivery Schedule clarified in the Final RFP | |||
| 27‐28 | 5252.242‐9511 | |||||
| CONTRACT ADMINISTRATION DATA (NAVAIR)(NOV 2017) | (a) Contract Administration Office. |
(1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to: See the ADMINISTERED BY Block on the face page of the contract, modification, or order.
(b) Special Instructions (see FAR 42.202(b) and (c)):
(1) The following contract administration functions are retained (see FAR 42.302(a) and DFARS 242.302(a)):
Functions Retained Retained for Performance By: [Insert function from FAR 42.302(a) or DFARS [Insert PCO, COR, 242.302(a)] Requiring Activity, or TPOC for each function.] FAR 42.302(a)(3): Conduct post‐award orientation PCO, Requiring conferences. Activity and TPOC FAR 42.302(a)(10): Attempt to resolve issues in PCO controversy, using ADR procedures when appropriate (see subpart 33.2); prepare findings of fact and issue decisions under the Disputes clause on matters in which the administrative contracting officer (ACO) has the authority to take definitive action.
FAR 42.302(a)(22): Issue work PCO requests under maintenance, overhaul, and modification contracts.
FAR 42.302(a)(23): Negotiate PCO prices and execute supplemental agreements for spare parts and other items selected through provisioning procedures when prescribed by agency acquisition regulations.
FAR 42.302(a)(42): Review and PCO, evaluate for technical adequacy Requiring the contractor’s logistics support, Activity and maintenance, and modification TPOC programs.
FAR 42.302(a)(44): Perform Requiring engineering analyses of Activity and
| contractor cost proposals. TPOC | This clause establishes what contract administration roles are being retained by the procuring activity. DCMA is NAVAIR's contract administrator and NAVAIR doesn't anticipate retaining the administration functions of FAR 42.302(a). The Government does not agree with the proposed deletion. | |||
| 31 | Section H‐4 DATA ACCESS | Contractor shall provide the Government with access to technical data in accordance with Attachment 3, Access Agreement. |
In the event Contractor surrenders the Type Certificate for Aircraft
| to another entity, as a part of a sale of its company, the Contractor shall , subject to the approval of the applicable airworthiness authority and the Contractor’s parent company, if applicable, (1) offer right of first refusal for all technical data relating to the Aircraft covered by this Access Agreement to the Government, and, if the Government and the Contractor fail to agree on a does not purchase price for the technical data covered by this Access Agreement., (2) shall require the party receiving the Type Certificate to honor the terms of Attachment 3, Access Agreement, as part of any sale or agreement between the Contractor and the new Type Certificate Holder. | Recommended language was not incorporated, but the Access Agreement H Clause and Access Agreement was otherwise updated. | |||||
| 34 | 52.215‐17 | The Contractor did not include facilities capital cost of money as a | Concur with deletion. Final RFP was be updated. | |||
| Waiver of | proposed cost of this contract. Therefore, it is an unallowable cost | |||||
| Facilities | under this contract. | |||||
| Capital Cost of | ||||||
| Money Oct | ||||||
| -1997 | ||||||
| 34 | 52.244‐6 | |||||
| Subcontracts for Commercial Items | (a) Definitions. As used in this clause— |
“Commercial item and commercially available off‐the‐shelf item” have the meanings contained Federal Acquisition Regulation 2.101, Definitions.
“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.
(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract.
(c)
(1) The Contractor shall insert the following clauses in subcontracts for commercial items:
(i) 52.203‐13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509), if the subcontract exceeds $5.5 million and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation
| of the civil False Claims Act or of Federal criminal law shall be directed | Concur with deletion. Final RFP was be updated. | |
| to the agency Office of the Inspector General, with a copy to the | ||
| Contracting Officer. | ||
| (ii) 52.203‐15, Whistleblower Protections Under the American | ||
| Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of | ||
| Pub. L. 111‐5), if the subcontract is funded under the Recovery Act. | ||
| (iii) 52.203‐19, Prohibition on Requiring Certain Internal | ||
| Confidentiality Agreements or Statements (Jan 2017). | ||
| (iv) 52.204‐21, Basic Safeguarding of Covered Contractor Information | ||
| Systems (JUN 2016) other than subcontracts for commercially | ||
| available off‐the‐shelf items, if flow down is required in accordance | ||
| with paragraph (c ) of FAR clause 52.204‐21. | ||
| (v) 52.204‐23, Prohibition on Contracting for Hardware, Software, and | ||
| Services Developed or Provided by Kaspersky Lab and Other Covered | ||
| Entities (JUL 2018) (Section 1634 of Pub. L. 115‐91). | ||
| (vi) 52.219‐8, Utilization of Small Business Concerns (Oct 2018) (15 | ||
| U.S.C. 637(d)(2) and (3)), if the subcontract offers further | ||
| subcontracting opportunities. If the subcontract (except subcontracts | ||
| to small business concerns) exceeds $700,000 ($1.5 million for | ||
| construction of any public facility), the subcontractor must include | ||
| 52.219‐8 in lower tier subcontracts that offer subcontracting | ||
| opportunities. | ||
| (vii) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015). | ||
| (viii) 52.222‐26, Equal Opportunity (Sep 2016) (E.O. 11246). | ||
| (ix) 52.222‐35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. | ||
| 4212(a)); | ||
| (x) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jul | ||
| 2014) (29 U.S.C. 793). | ||
| (xi) 52.222‐37, Employments Reports on Veterans (Feb 2016) (38 | ||
| U.S.C. 4212). | ||
| (xii) 52.222‐40, Notification of Employee Rights Under the National | ||
| Labor Relations Act (Dec 2010) (E.O. 13496), if flow down is required | ||
| in accordance with paragraph (f) of FAR clause 52.222‐40. | ||
| (xiii) | ||
| (A) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. | ||
| chapter 78 and E.O. 13627). | ||
| (B) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. | ||
| 13627). | ||
| (xiv) 52.222‐55, Minimum Wages under Executive Order 13658 (Dec | ||
| 2015), if flowdown is required in accordance with paragraph (k) of | ||
| FAR clause 52.222‐55. | ||
| (xv) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706), if flow down is required in accordance with paragraph (m) of FAR clause 52.222‐62. |
(xvi)
(A) 52.224‐3, Privacy Training (JAN 2017) (5 U.S.C. 552a) if flow down is required in accordance with 52.224‐3(f).
(B) Alternate I (JAN 2017) of 52.224‐3, if flow down is required in accordance with 52.224‐3(f) and the agency specifies that only its agency‐provided training is acceptable.
(xvii) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xviii) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232‐40.
(xix) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247‐64.
(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.
(End of Clause)
| 34 | 252.227‐7013 | 227.7103‐6 Contract clauses. | Concur with deletion. Final RFP was be updated. | ||
| Rights in | (a) Use the clause at 252.227‐7013, Rights in Technical Data– | ||||
| Technical Data‐ | Noncommercial Items, in solicitations and contracts, including | ||||
| ‐ | solicitations and contracts using FAR part 12 procedures for the | ||||
| Noncommercial | acquisition of commercial items, when the successful offeror(s) will | ||||
| Items | be required to deliver to the Government technical data pertaining to | ||||
| noncommercial items, or pertaining to commercial items for which the | |||||
| Government will have paid for any portion of the development costs | |||||
| (in which case the clause at 252.227‐7013 will govern the technical | |||||
| data pertaining to any portion of a commercial item that was | |||||
| developed in any part at Government expense, and the clause | |||||
| at 252.227‐7015 will govern the technical data pertaining to any | |||||
| portion of a commercial item that was developed exclusively at | |||||
| private expense).. Do not use the clause when the only deliverable | |||||
| items are computer software or computer software documentation | |||||
| (see 227.72), commercial items developed exclusively at private | |||||
| expense (see 227.7102‐4), existing works (see 227.7105), special | |||||
| works (see 227.7106), or when contracting under the Small Business | |||||
| Innovation Research Program (see 227.7104). Except as provided | |||||
| in 227.7107‐2, do not use the clause in architect‐engineer and | |||||
| construction contracts. | |||||
| 34 | 52.242‐5 | ||||
| Payments to Small Business Subcontractors | a) Definitions. As used in this clause‐‐ |
“Reduced payment” means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor.
“Untimely payment” means a payment that is more than 90 days past due under the terms and conditions of a subcontract, for supplies and services for which the Government has paid the prime contractor.
(b) Notice. The Contractor shall notify the Contracting Officer, in writing, not later than 14 days after‐‐
(1) A small business subcontractor was entitled to payment under the terms and conditions of the subcontract; and
(2) The Contractor‐‐
(i) Made a reduced or untimely payment to the small business subcontractor; or
(ii) Failed to make a payment, which is now untimely.
| (c) Content of notice. The Contractor shall include the reason(s) for making the reduced or untimely payment in any notice required under paragraph (b) of this clause. | Pursuant to FAR 42.1504, this clause shall be included when FAR 52.219-9 is included. Since FAR 52.219-9 is inclued in the solicitation, the Government does not agree with the recommended deletion. | |||||
| 34 | 252.246‐7001 | a) Definition. “Technical data” has the same meaning as given in the | Concur with recommended deletion. Final RFP was updated. | |||
| Alt II Warranty | clause in this contract entitled Rights in Technical Data and Computer | |||||
| Of Data (Mar | Software. | |||||
| 2014) ‐ | (b) Warranty. Notwithstanding inspection and acceptance by the | |||||
| Alternate II | Government of technical data furnished under this contract, and | |||||
| notwithstanding any provision of this contract concerning the | ||||||
| conclusiveness of acceptance, the Contractor warrants that all | ||||||
| technical data delivered under this contract will at the time of | ||||||
| delivery conform with the specifications and all other requirements | ||||||
| of this contract. The warranty period shall extend for three years | ||||||
| after completion of the delivery of the line item of data (as identified | ||||||
| in DD Form 1423, Contract Data Requirements List) of which the data | ||||||
| forms a part; or any longer period specified in the contract. | ||||||
| (c) Contractor Notification. The Contractor agrees to notify the | ||||||
| Contracting Officer in writing immediately of any breach of the above | ||||||
| warranty which the Contractor discovers within the warranty period. | ||||||
| (d) Remedies. The following remedies shall apply to all breaches of | ||||||
| the warranty, whether the Contractor notifies the Contracting Officer | ||||||
| in accordance with paragraph (c) of this clause or if the Government | ||||||
| notifies the Contractor of the breach in writing within the warranty | ||||||
| period: | ||||||
| (1) Within a reasonable time after such notification, the Contracting | ||||||
| Officer may— | ||||||
| (i) By written notice, direct the Contractor to correct or replace at the | ||||||
| Contractor's expense the nonconforming technical data promptly; or | ||||||
| (ii) If the Contracting Officer determines that the Government no | ||||||
| longer has a requirement for correction or replacement of the data, | ||||||
| or that the data can be more reasonably corrected by the | ||||||
| Government, inform the Contractor by written notice that the | ||||||
| Government elects a price or fee adjustment instead of correction or | ||||||
| replacement. | ||||||
| (2) If the Contractor refuses or fails to comply with a direction under | ||||||
| paragraph (d)(1)(i) of this clause, the Contracting Officer may, within | ||||||
| a reasonable time of the refusal or failure— | ||||||
| (i) By contract or otherwise, correct or replace the nonconforming | ||||||
| technical data and charge the cost to the Contractor; or | ||||||
| (ii) Elect a price or fee adjustment instead of correction or | ||||||
| replacement. | ||||||
| (3) The remedies in this clause represent the only way to enforce the | ||||||
| Government's rights under this clause. | ||||||
| (e) The provisions of this clause apply anew to that portion of any corrected or replaced technical data furnished to the Government under paragraph (d)(1)(i) of this clause. | ||||||
| 38 | 52.239‐1 Privacy or Security Safeguards | Privacy or Security Safeguards (Aug. 1996) |
(a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer’s written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government.
(b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases.
| (c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party. | Concur with deletion. Final RFP was updated. | ||||
| 41 ‐ 46 | 252.211‐7003 | ||||
| Item Unique Identification And Valuation | Delete in its entirety and replace with: | ||||
| The Contractor shall comply with Item Unique Identification (IUID), MIL‐STD‐130N, Identification Marking of U.S. Military Property, and DFARS Clause 252.211‐ 7003, Item Unique Identification and Valuation, for the major end‐item (the aircraft). For any other materials, the Contractor shall identify and mark parts and material IAW best commercial practice. | DFARS 252.211-7003 is applicable to end item deliverables, including individual PSE & Spares. The requirements of the clause may be satisfied with the commercial equivalents identified within the clause. Disagree with the deletion. Recommendation not accepted. |
RFP
| Title/Page | Para/Section | Clarification Questions / Responses | Government Response |
| Draft RFP | Inspection and Acceptance Procedures to be proposed by potential Offeror. Potential Offeror to fill in Section E NAVAIR clause 5252.246-9528 for the initial delivery only and NAVAIR clause 5252.246-9512 for remaining Lot I delivery. Proposed procedures shall be IAW FAR 52.246-2 and 52.246-16. | Use of FAR 52.246-2 is not consistent with the issuance of a FAR 12 contract. In fact, FAR 46.202-1 states that "when acquiring commercial items (see Part 12), the Government shall relay on contractors' existing quality assurance systems as a substitute for Government inspection...". We need to be careful to minimize the clauses to only those that are applicable to FAR 12. |
FAR 52.246-2 is addressed in FAR 52.212-4 Para (a).
FAR 52.246-16 addresses title transfer, limitation of liability, and risk of loss - see FAR 52.212-4 Para (n) for title transfer, Para (p) for limitation of liability, and Para (j) for risk of loss.
NAVAIR 5252.246-9512 is not quite as misaligned with FAR 12 as it states the inspection and acceptance shall be performed by DCMA at the awardee's facility after ensuring that the inspections performed demonstrate compliance with contract requirements.
| NAVAIR 5252.246-9528, however, requires inspection by DCMA at the plant located at "x" with para (b) stating that the initial inspection shall consist of quality assurance at the point of manufacture and/or assembly and check/test prior to shipment. | Concur with the deletion of FAR 52.246-2, 52.246-16 & NAVAIR Clause 5252.246-9528 | |||
| Draft RFP | The Contractor shall deliver Operation, Maintenance, Installation and Training (OMIT) data, Form, Fit and Function (FFF) data, and any applicable instructional and training materials applicable to CLINs 0X01, 0X03, 0X04, 0005, 0008, and OPTION CLIN 0009; to include access to OMIT data, FFF data, and subscriptions, etc. The data to be provided hereunder shall be furnished IAW Section C, Table C-3. | DFARS 252.227-7015, Technical Data - Commercial Items should apply here; FFF and OMIT data would receive unrestricted license rights under para (b)(1); data could be released to a GSC after notification of such release. | The Government shall have unlimited rights to data that are form, fit, and function and are necessary for operation, maintenance, installation, or training (other than detailed manufacturing or process data). For data provided with unlimited rights, the Government is not required to notify the prime TH-XX contractor of release of data covered under DFARS 252.227-7015(b)(1). | |
| Draft RFP | Page 14, 10. OPTION CLINS 0010 DATA IN EXCESS OF FFF/OMIT | |||
| The Contractor shall provide data in excess of OMIT data, materials, FFF data and any applicable instructional and training materials applicable to CLIN 0X01. | This reaches beyond DFARS 252.227-7015 unless additional license rights are negotiated. Also ties an access agreement to the contract which requires an offeror to provide the Government access as a contractual requirement. | |||
| The access agreement purposefully allows an offeror to propose data beyond that which is required by DFARS 252.227-7015. The access agreement is voluntary and not a condition to award, but may enhance a proposal. | ||||
| Draft RFP | Page 18, 5252.247-9514 Technical Data Packing Instructions | This is not generally utilized for Commercial Off The Shelf. Recommend removing clause. | This clause was removed from the final RFP | |
| Draft RFP | Page 22, CLIN 0001, Ship to: |
COMTRAWING FIVE
RECEIVING OFFICER
7480 USS ENTERPRISE ST.
STE 205
MILTON FL 32570-6107
| FOB: Origin (Shipping Point) | Who will ferry the aircraft or will it be shipped? Are the suite numbers valid shipping addresses? With FOB Origin, acceptance would be at the contractor's facility. | Change to "accept at Origin, FOB Destination" This was updated for the final RFP | ||
| Draft RFP | Page 31, 5252.242-9500 INSTRUCTIONS RELATING TO PRODUCTION PROGRESS REPORT (DD FORM 375)(NAVAIR)(MAR 1999) | |||
| Not typically provided for Commercial aircraft. Recommend removing clause. | Concur with deletion. Final RFP was updated. | |||
| Draft RFP | Page 34, Section I - Contract Clauses, 52.211-15 | Clause is for rated orders only. Recommend removing clause. | Concur with deletion. Final RFP was updated. Addtionally, block 13 of the SF1449 was updated to be blank. | |
| Draft RFP | Page 34, Section I - Contract Clauses, 52.232-40 | Not a required clause. Recommend removing clause. | This clause is applicable to commericial contracts and will remain in the solicitation. | |
| Draft RFP | Page 34, Section I - Contract Clauses, 252.203-7000 | The 252.203-7000 is a provision. Recommend removing -7000 and adding 252.203-7005. | The DFARS Clause 252.203-7000 is a clause prescribed for in FAR Part 12 soliciations (per DFARS 203.171-4(a)). The clause remains in the solicitation. The final soliciation also includes DFARS clause 252.203-7005 (per DFARS 203.171-4(a)). | |
| Draft RFP | Page 34, Section I - Contract Clauses, 252.246-7001 Alt II | Use in solicitations and contracts that include DFARS 225.227-7013, if we don't provide data in support of DFARS 252.227-7013, then this clause should be removed. We typically do not warrant our data as the Government has the opportunity to inspect and accept the CDRL data being delivered. Recommend removing this clause. | As the items being procured are commmercial, NAVAIR has reaccessed the use of DFARS 252.227-7013 and as a result the clause has been removed. Additionally, DFARS Clause 252.246-7001 Alt II has been deleted. | |
| RFP Sect B | Industry Day | Does the Government anticipate any quantity changes in the first few years? | The Final RFP incorporates updated delivery language for proposal development purposes. The executed contract will include firm quantities by year. | |
| RFP | Industry Day | Will the Buy American Act Clause be a part of this solicitation? | Yes, DFARS Clause 252.225-7001 is incorporated in the final RFP. | |
| RFP | Industry Day | Will the Government consider changing the delivery time for the hoists? | An external hoist shall be delivered with each of the first 25 aircraft per PWS para 3.1.9.1. | |
| RFP | Industry Day | Will the Government consider evaluating other aircraft characteristics that would contribute to the approaches in elements 2.1.2 through 2.1.5? | No. The Government has specified the 11 attributes within Section L, paragraphs 2.1.2 through 2.1.5, that it believes will offer the greatest level of discrimination in the best value decision. | |
| RFP Sect B | Industry Day | Why is the quanity of units in Lot 1 lower? | The Final RFP incorporates updated delivery language for proposal development purposes. The executed contract will include firm quantities by year. | |
| RFP | Industry Day | Can the Government describe the potential impact of the continuing resolution on the anticipated contract award date? | The Government cannot award prior to 1QFY20 given that this program is considered an FY20 new start. | |
| RFP Sect B | Industry Day | The description for CLIN 0010 (non form fit function data) is not clear. Can the Government please clarify which data is meant to be priced under this CLIN? | The term "Data" as it applies to CLIN 0010 is defined in the attachement L-5. |
Section L&M
| Title/Page | Para/Section | Clarification Questions / Responses | Government Response |
| 1 | CLAUSES INCORPORATED BY REFERENCE | 52.204-7 System for Award Management OCT 2016 |
52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.232-13 Notice Of Progress Payments APR 1984 52.232-31 Invitation to Propose Financing Terms MAY 2014 252.215-7008 Only One Offer OCT 2013
| NAVAIR concurs with the deletion of 52.232-13 and the RFP was updated. | |||
| 4 | 52.212-1; (l) Debriefing | It is unclear how the Government will evaluate technical and schedule risk without requiring past performance information from bidders. We recommend adding a Past Performance volume or section to require evidence of satisfactory past performance. We recommend that this be an evaluated factor in Section M contributing to the Government’s best value decision. | A past performance factor is not necessary to evaluate technical risk. Technical risk will be evaluated consistent with Section M of the solicitation. Past performance is not an evaluation factor in this competition. Additionally, FAR Clause 52.212-1 was not tailored to remove "past performance" paragraph (l) indicates "as applicable". |
| 4 | 1.3 | The Offeror shall include any data necessary to illustrate the adequacy of the various assumptions, approaches, and solutions. There is no need to repeat information in more than within one volume. The detailed information must be included in the most logical place and summarized and referenced in other areas if an overlap exists. Do not provide elaborate brochures or other presentation material beyond that sufficient to present a complete and effective proposal. | The Final RFP was updated to reflect updated language to clarify. |
| 5 | 2.1 | The Offeror shall provide one folder for each volume or annex, containing all electronic files requested within the volume or annex. Please submit each volume or annex as one file if possible. Do not provide separate files for each section/paragraph. Separate files may be provided for referenced attachments, such as contractor manuals provided as evidence of compliance. | The Final RFP was updated such that reference documentation may be submitted electronically as part of Annex H |
| 5 | 2.2 | All pages shall be sequentially numbered. Only material allocated to a specific section shall be contained in that section. Within each volume, printed material shall be shown on both sides of a sheet; each side of the sheet shall be counted as 1 page in the page count. Foldouts (front side only) shall be counted as two pages. Foldouts (front and back) shall be counted as four pages. All documentation shall be provided in the English language. The font shall be Arial (12-point type). The font size for Tables shall be no smaller than 10-point type, and the font size for Figures and Charts shall be no smaller than 9-point type. Pages in all Volumes shall be 8 1/2 by 11 inches (11 x 17 for foldouts) in size and shall have at least a 1"margin on all four sides. Overall page count for all volumes is restricted to XXX pages. Page count for Volume 1, Executive Summary, is restricted to XX pages. Documents attached by the offeror to demonstrate compliance as requested by the RFP, such as manuals, are excluded from page count. | Page counts are not being specified for this solicitation. The final RFP was updated to address foldout size. |
| 5 | 2.3.2 Operating System and Applications | The proposals will be accessed utilizing the Microsoft Windows 10 Operating System. Proposal information shall be submitted using the following applications: Microsoft Word 2016, Microsoft Excel 2016, Microsoft PowerPoint 2016, and Microsoft Project 2016; however, letters, and other signed documents, and supporting documentation such as manuals, shall be provided as a fully searchable Portable Document Format (.pdf) file. Use of other application software for submission of proposals is prohibited except where specific instructions for non-.pdf or Office 2016 applications are provided. | A change was incorporated in the Final RFP. |
| 6 | Table G-1 Proposal Structure Table (notes) | Will the Government confirm that an acceptable organization for the hard copies is to provide a binder for each of Volumes 1 through 4 and a binder for Annexes including all annexes separated by dividers/tabs. Electronic files are submitted in accordance with Table G-1 with separate files as noted in the File Naming Convention column. | The Final RFP was updated to provide clarification. |
| 7 | 3. PROPOSAL SUBMISSION | Recommend permitting hand-delivery of proposals to mitigate risk of delivery issues (e.g. interruptions in commercial carrier services). | The final RFP was updated to reflect that courier or hand delivery is acceptable. |
| 8 | 1.0 VOLUME 1 EXECUTIVE SUMMARY | An executive summary typically includes a synopsis of the proposal. Noting "no additional information shall be provided within this volume outside of that requested," is it the intent of the Government that the executive summary includes only the requested certificates and no actual narrative? | The Government is not looking for a synopsis of the proposal in Volume 1. VOLUME 1 has been renamed "CERTIFICATIONS" and serves only to demonstrate that the Offeror will meet the requirements by providing the requested certifications. |
| 10 | 2.1 Book 1 Aircraft System | This statement in Section M on page 18 appears to be inconsistent with the stated instructions and objectives in 2.1 Book 1 Aircraft System. It eliminates section 2.1.1 Overall Compliance from consideration and narrowly restricts the evaluation to specific AV-XXX requirements. | The Final RFP will be updated to clarify the Government's intent. Please note, paragraph 2.1.1 focuses on overall compliance ("shall" requirements). The language cited references elements 2.1.2 through 2.1.5 which focuses on the subset of "should" requirements specified. No other "should" requirements will be credited with a strength or risk reducer for the Aircraft System Sub-factor. |
| 11 | 2.1.1 Overall Compliance | The Government desires to complete SPDs for all aircraft offered within a continuous six-week period, dependent on the total number of aircraft offered. As soon as possible after the RFP release, the Government will provide a range of dates. The Offeror shall rank those weeks in order of preference within that period, and may provide their preferences no later than the receipt of proposal. The Government will attempt to accommodate Offeror preferences. Offerors will be notified of their final date after receipt of proposals. Once the SPD is scheduled, the Government will not reschedule except for weather delays or force majeure. The Government advises Offerors that in the extraordinary event a SPD is not completed, the Government will still evaluate the written proposal, as the SPD does not receive an independent rating and is only intended to facilitate the Government’s technical evaluation of Element 2.1.1. | Recommendation accepted. Please see final RFP. |
| 11 | 2.1.1 Overall Compliance | At the time of proposal submittal, the Offeror will provide to the Government the following information for each Offeror aircraft that will be used to conduct the SPD: | Language has been modified in the Final RFP. Please review the Final RFP for all updates. |
| 11 | 2.1.1 Overall Compliance | The events will be conducted within the limits of the FAA approved OEM Flight Manual, HX-21 Standard Operating Procedures (SOP) (provided in the Competition Library), and the Offeror’s SOP. Demonstration data will be collected by Government personnel from production gauges and Government provided portable instrumentation equipment. Portable instrumentation may include cloth measuring tapes, ruler, smartphone or tablet data acquisition application, portable data acquisition unit, voice recorder, video recorder (GoPro), hand-held stopwatch, and a still camera. Handheld instrumentation will only be used by the non-flying crewmembers and will be stowed when not in use. Test data will be manually recorded. | Updated language was incorporated into the Final RFP. |
| 11 | 2.1.2 Instrument Training | Recommended additional language: The Offeror shall provide a narrative describing specific equipment focused on enhancing the training experience (training mode, reduced vibration), cockpit pilot visibility (with a large field of vision, especially for hover), and noise mitigation. | Recommended language was not accepted. |
| 12 | 2.1.4 Warfighting Skills Training | The Offeror shall describe the ability of its proposed configuration to enable warfighting skills training which includes confined area landings, external load operations, search and rescue operations, energy management, and night vision (single ship and formation) operations. The Offeror must provide a list of training tasks/curriculum improvements that can be adapted for the AHTS aircraft curriculum that demonstrates: (1) OEM unique capabilities that may improve the overall quality of Student Naval Aviators and, (2) Potential cost savings for training at Fleet Replacement Squadrons (FRS). Offeror must provide documentation to demonstrate how offeror’s proposed aircraft and its impact on the overall training system supports ease of transition to the Fleet Replacement Squadron and advanced tactical helicopters. The Offeror shall explain its proposed aircraft system’s compatibility with external load, hoist, and search and rescue training where aircrew will be restrained using an aircrew harness attached to an airframe hard point, conducting aircrew duties from either side of the aircraft, and continuously connected to the internal communications system. The Offeror shall explain its proposed configuration’s ability to fly consistent profiles terminating in a stable hover out of ground effect over a defined reference point in support of search and rescue operations. The Offeror shall explain the system level implementation of the following proposed attributes: Autonomous Approach to a HOGE (AV-080) and Configurable Passenger Cabin (AV-119). | Recommended language was not accepted. |
| 12 | 2.1.5 Safety | The Offeror shall provide a detailed engineering analysis or provide its detailed plan to include the requested functionality identified in the ECS (AV-019) and Emergency Landing Conditions (AV-141 and AV-142). |
The offeror shall provide a narrative detailing safety features beyond the minimum requirements of the PBS with supporting evidence, including features beyond minimum requirements to reduce operator workload and fatigue to enhance safety.
The Offeror shall describe specific safety features of the proposed aircraft supporting maximum survivability and safest aircraft design including, but not limited to, high and constant rotor clearance, tail rotor safety features, redundant flight controls, energy absorbing seats, crashworthy fuel system, and high energy absorbing skid landing gear.
| The Offeror must provide documentation that demonstrates the proposed aircraft’s operational decibel footprint at varying overflight altitudes (100ft/500ft/700ft/900ft) to include 500ft slant range. | Recommended language was not accepted. However, the language within the Final RFP has been updated, including the AV numbers. Please review. | ||
| 12 | Book 2 – Management and Support | We recommend that the Government add additional sub-factors for Section L and Section M to facilitate their assessment, requiring narrative and supporting evidence for the following: |
• Past Performance including contact information for relevant and recent customers, describing similarity of contract scope to this acquisition
• Program Management Organization and Key Personnel
• Integrated Master Plan (IMP)/Integrated Master Schedule (IMS)
• Risk Management Plan
• Subcontract Management Plan
• Quality Assurance Plan
• Manufacturing Plan including facilities dedicated to AHTS meeting contract clauses 252.225.7001 and 52.212-3 (place of manufacturing) and available manufacturing capacity for AHTS
| Recommended language was not accepted. | |||
| 12 | 2.2.1 Data Submission | It appears that the access agreement and PWS 3.11 exceed DFARS 227.7102-1(a) and therefore the Government has indicated compliance beyond 227.7102-1(a) is “voluntary” in Section L. This is inconsistent with Section M and the terms and conditions that state that failure to comply with the PWS and solicitation requirements run the risk of being deemed a deficiency. | Consistent with DFARS 227.7102-1, the DoD shall require only the technical data customarily provided to the public with a commercial item. However, if additional rights are needed, a contracting officer may negotiate with a contractor to determine if there are acceptable terms to transfer such rights. In this case, NAVAIR desires to negotiate additional access rights for certain engineering analysis. As such, the attachment L-5 Access Agreement is a voluntary proposal artifact that may enhance an offeror’s proposal, but it is not a condition to award and it will not be assigned a weakness or deficiency if it is not proposed. |
| 13 | 2.2.3 Sustainment Approach | The Offeror shall describe the TH-XX unique usage profile impacts to standard commercial sustainability practices and procedures, including an analysis of any workload or inspection impacts to the Offeror’s cycle based on the usage profiles within the PBS (Appendix B and Appendix C) and annual flight hours of 89,918. This description shall include Past Performance Data as a basis for justification including: |
• Recent and relevant contract performance, ongoing or completed, similar in scope to this acquisition.
• Historical Operational Availability (OA) rates in similar military training programs.
• Documented history of on-time, on-cost and on-quality aircraft delivery
• Documented history of on-time, on-cost and on-quality aircraft modification and upgrade
| • Performance history of parts fill rate for military and commercial fleet operators. | Recommended language was not accepted. Past Performance will not be evaluated. | ||
| 13 | 2.2.3 Sustainment Approach | Recommended Language addition: |
The Offeror shall describe and substantiate a large and widely fielded commercial installed base and associated benefits to AHTS sustainment including: ability to absorb sustaining engineering costs; transition of modernization, upgrades, and technical publication updates from the commercial fleet; benefits to AHTS related to obsolescence management; and benefits to AHTS related to parts distribution.
The Offeror shall describe, and substantiate via engineering analysis, available service life power margin (if any) for future hardware and system growth and demonstrate how offeror’s proposed aircraft has the adaptability to different mission configurations and multirole capability.
The Offeror must provide historical proof of performance successfully supporting an extended tip to tail Performance Based Logistic (PBL) Program (in a military fleet capacity if applicable) for a minimum of 10 years.
| The Offeror shall identify methods for reducing FRS training requirements allowing for reduction in flight hours and/or Government costs using offeror’s proposed aircraft to reduce pilot adaptation efforts (time/cost/risk of failure) to FRS helicopters while increasing combat readiness and flight safety levels. | Recommended language was not accepted. | |||
| 13 | 2.2.4 Small Business Utilization Strategy | (5) The Offeror shall submit its SB Subcontracting Plan as Annex A (SB Subcontracting Plan), which shall be incorporated into the awarded contract, pursuant to FAR 52.219-9, as Attachment J-8. The offeror may submit a Commercial Subcontracting Plan as Attachment J-8. | Language has been modified in the Final RFP. | |
| 13 | 2.2.4 Small Business Utilization Strategy | The Government recognizes that the TH-XX aircraft will be an FAA certified aircraft and as such any further modifications to the aircraft to add new SB Concerns as sources of supply requiring FAA testing, qualification and certification for items within the proposed aircraft configuration will add technical and schedule risk. Offerors in satisfying the requirements of this Section 2.2.4 should initially maximize as much as possible their efforts using existing Commercial Subcontracting Plans previously approved by the Government which focus on the business overall (both direct and indirect items and services) rather than individual small business plans only focused on the AHTS program requiring additional FAA testing, qualification, and certification for items within the proposed TH-XX aircraft configuration. | Recommended language was not accepted. | |
| 14 | 3.1 Price Proposal Guidelines | (b) All price and price supporting information as specified in Attachment L-9 shall be contained in the price proposal. No price or pricing information shall be included in any other technical volume including cover letters. The Offeror is responsible for submitting sufficient information to enable the Government to fully evaluate its price proposal. |
(c) The Offeror shall provide sufficient information to support its price in accordance with Attachment L-9 as well as an explanation of all ground rules and assumptions that affect the price proposal. Any apparent imbalances in the pricing or any other anomalies should be fully explained.
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .