TH-XX_Amendment_0003_Questions_&_Answers.pdf

RFP Reference (Document, Page, Para.)

Question/Feedback Government Response

Amendment 0002 Q&A, No. 1 (PWS

3.16 Section L, Table T-1, 2.2.4); No2

(Section L, 2.2.2 Initial Sparing Approach)

Table T-1 was issued in Amendment 0002 with no CDRL column. Will the government reissue the RFP with a complete Table T-1 to include the CDRL Column?

No, Table T-1 will not be further updated to reincorporate the CDRL column. Table T-1 is included to help the Offeror develop its proposal and to ensure traceability of Section L paragraphs to the requirements. As the Section L paragraphs do not require demonstration of CDRL information, the CDRL column was removed from Table T-1.

Amendment 0002 Q&A, No. 17

(PBS, AV-021, 022, 026. 028,099,

110, 126, 144, 145)

The Government's Response is: "The Navy will not assign strengths, weaknesses, significant weaknesses, or risk reducers for the nine "should" statements. The Navy's evaluation will consider only the shall requirements specified in Table T-1."

1) Will the Government please revise the RFP to update Section M language that incorporates the first sentence of their response concerning the 9 "should" requirements that are not identified in Table T-1 to align Section M to the Q&A response?

2) The second sentence of the response conflicts with Section M evaluation criteria for Table T-1 and was not revised by Amendment 0002. Currently Section M defines evaluation for the "shall" requirements in 2.1.1 of Table T-1 as potential risk reducers or weaknesses or significant weaknesses. In addition, there are 11 "should" requirements in Book 1 and 5 "should" requirements in Book 2 in Table T-1 that may be evaluated as potential strengths. Will the Government please revise Section M language to clarify the intent and meaning of the second sentence of this response?

1) Section M of the Government's solicitation is intended to identify all significant factors and any significant subfactor that will be considered in awarding the contract. As a general practice, the Government does not specify in Section M what it will not evaluate and as a result this recommendation has not been incorporated.

2) The answer previously provided only pertains to element 2.1.1. "The Navy will not assign strengths, weaknesses, significant weaknesses, or risk reducers for the nine "should" statements. The Navy's evaluation will consider only the shall requirements specified in Table T-1."

Section M specifies how elements 2.1.2 though 2.1.5 of Book 1 will be evaluated with respect to the "should" statements, stating "The Government may assess one or more strengths, risk reducers, or weaknesses/significant weaknesses for each element (Section L paragraphs 2.1.2 through 2.1.5) ... For the purposes of assigning strengths or risk reducers under Section L paragraphs 2.1.2 through 2.1.5, only those attributes specified in Section L, paragraphs 2.1.2 through 2.1.5 will be considered in the evaluation of the proposed attribute solutions (i.e., no other AV-XXX “should” statements will be credited with a strength or risk reducer for the Aircraft System Sub-factor)."

Further, Section M specified how element 2.2.4 of Book 2 will be evaluated with respect to the "should" statements, stating "With respect to Section L, paragraph 2.2.4 only those attributes specified will be considered in the evaluation of the proposed attribute solutions and will be assigned strengths or risk reducers (i.e., no other AV-XXX “should” statements will be credited with a strength or risk reducer for the Management Support Sub-factor)."

Amendment 0002 Table T-1 Amendment 0002 Table T-1 no longer indicates PWS 3.0 and Clin 0X01 for Section

2.1. There is also no explanation for this removal in Amendment 0002. It is unclear where compliance is to be addressed. Will the Government reissue an updated Table T-1 with an explanation for any deletions or reassignments in this section?

The reference to the PWS and CLIN were removed from paragraph 2.1 because Offerors are not expected to submit information other than that requested in elements 2.1.1 through 2.1.5.

Amendment 0002 Table T-1 Amendment 0002 Table T-1 no longer indicates PWS 3.1.3, 3.1.4, 3.1.5, 3.1.7, 3.1.8.1, 3.1.8.2, 3.1.8.3, 3.1.9.1, 3.1.3.9, 3.1.13 for section 2.1.1. There is also no explanation for this removal in Amendment 0002. It is unclear where PWS compliance is to be addressed. Will the Government reissue an updated Table T-1 with an explanation for any deletions or reassignments in this section?

For evaluation purposes, the Offeror is only expected to demonstrate compliance, within its proposal, for the referenced PWS and PBS paragraphs. However, Non-compliance with the terms, conditions, or “shall” requirements set forth in the solicitation may be considered a deficiency.

Amendment 0002 Table T-1 Amendment 0002 Table T-1 no longer indicates PWS 3.4 and CLIN 0005 and 0X02 for section 2.1.2. There is no explanation for this removal in Amendment 0002. PWS 3.4 is no longer mapped to any portion of Section L, therefore it is unclear where compliance is to be addressed. Will the Government reissue an updated Table T-1 with an explanation for any deletions or reassignments in this section?

For evaluation purposes, the Offeror is only expected to demonstrate compliance, within its proposal, for the referenced PWS and PBS paragraphs. However, Non-compliance with the terms, conditions, or “shall” requirements set forth in the solicitation may be considered a deficiency.

Amendment 0002 Table T-1 Amendment 0002 Table T-1 no longer indicates PWS 3.9 and CLIN 0X01 and 0X02 for Section 2.2.1. There is also no explanation for this removal in Amendment 0002.

PWS 3.9 is no longer mapped to any portion of Section L, therefore it is unclear where compliance is to be addressed. Will the Government reissue an updated Table T-1 with an explanation for any deletions or reassignments in this section?

For evaluation purposes, the Offeror is only expected to demonstrate compliance, within its proposal, for the referenced PWS and PBS paragraphs. However, Non-compliance with the terms, conditions, or “shall” requirements set forth in the solicitation may be considered a deficiency.

Amendment 0002 Table T-1 Amendment 0002 Table T-1 no longer indicates PWS 3.10, 3.17, 3.18 and 3.20 plus CLIN 0X01, 0X02 and 0002 for Section 2.2.3. There is also no explanation for this removal in Amendment 0002 and these PWS elements are no longer mapped to any element of Section L. It is unclear where compliance is to be addressed. Will the Government reissue an updated Table T-1 with an explanation for any deletions or reassignments in this section?

For evaluation purposes, the Offeror is only expected to demonstrate compliance, within its proposal, for the referenced PWS and PBS paragraphs. However, Non-compliance with the terms, conditions, or “shall” requirements set forth in the solicitation may be considered a deficiency.

Amendment 0002 PWS 3.1 Based on the changes to PWS 3.1, and in concert with CLIN 0X04, are the tools for the first 2 lots only to support those aircraft in those lots or should the quantities be enough to support the entire 130 aircraft?

The tools for the first 2 lots need to be enough to support the entire 130 aircraft. The CLIN 0X04 series was updated to clarify the PSE under CLIN 0004 (i.e. Lot I) should support the range of PSE to maintain and operate the number of aircraft under CLIN 0001. CLIN 0104 (i.e. Lot II) shall include the remaining PSE depth required to maintain and operate the full 130 aircraft.

Amendment 0002 Attachment L-1 In Reference to the changes to Table T-1 in Amendment 0002 will the Government realign Attachment L-1 to the anticipated update to Table T-1 based on the Government response to our multiple Table T-1 Questions?

Yes, Attachment L-1 has been updated and will be included in Amendment 0003.

Amendment 0002 Initial Sparing Approach changes

Based on changes to the Initial Sparing Approach in Section L, is the spare engine pool to be listed and priced as part of CLIN 0X03 or is the number of engines only to be provided as quantities as part of the analysis in CDRL A017?

Yes, the spare engine pool shall be priced as part of CLIN 0X03.

Amendment 0002 Access Agreement. Attachment L-5, PWS Annex A

The Access Agreement States: "4. “Integrated Digital Environment” or “IDE,” shall mean both the web-based data storage and information management system and the siprnet-based data storage and information management system established by the Contractor to store Data. In addition, the IDE may be specified as a means of delivery of required CDRL deliverables." In addition, PWS Annex A, Section M states:

"M. CLASSIFIED SYSTEMS: Not applicable to this contract." The RFP also does not require any classified information storage nor does it require any classified data transmission for the execution of the contract. Therefore, there is no rationale to require a siprnet based IDE. Will the Government change "Siprnet-based" to "Niprnet-based"?

Attachment L-5 has been updated to remove reference to Siprnet-based storage requirement. Niprnet based storgage is not required as it implies mandatory storage on a Government based IS.

AHTS TH-XX Request for Proposal N6134019R0007 - Questions & Answers Related to Amendment 0003

Question/Feedback Government Response

AHTS TH-XX Request for Proposal N6134019R0007 - Questions & Answers Related to Amendment 0003

252.211-7003 ITEM UNIQUE

IDENTIFICATION AND VALUATION

(MAR 2016)

Based upon our review of the configuration for the proposed TH-XX helicopter, there are no mission essential or controlled inventory items under DoD policy in accordance with DFARS 211.274-2 Policy for item unique identification. Will the Government exempt items with an acquisition cost of less than $5,000 from the requirements of 252.211-7003?

IUID shall be in accordance with DFARS 252.211-7003 and 211.274-2.

In the context of items under DFARS 252.211-7003(c), the clause has been updated in Amendment 0003 to clearly indicate IUID is not applicable to all Section B items, only those that meet the criteria of DFARS 211.274-2(a)(2). To accomodate this requirement, DFARS clause 252.211-7003(c)(1)(ii) has updated text requesting offerors populate the table, for Government consideration, with any items meeting the criteria of DFARS 211.274-2(a)(2). If the Government agrees with a contractor assertion, those items may be exempted from IUID. However, if the Government does not agree with a contractor assertion, the IUID requirements will be applied.

N6134019R0007, 23, F-1 Section F-1 TH_XX PRODUCTION LOT DELIVERY is stating the following for CLIN 0001, 0101, 0201, 0301, 0401: The TH-XX aircraft to be furnished hereunder shall be delivered F.O.B. Origin at the contractor's facility, ready for flight.

Section F-3 DELIVERY ADDRESS states for CLIN 0001, 0101, 0201, 0301 and 0401 shall be shipped to the stated address FOB Destination.

Question: As the aircrfat DD250 acceptance will take place at F.O.B Origin

Please confirm if the Government expect the contractor to deliver the aircrfat F.O.B Destination or will the transportation be taken care by the Government?

The Aircraft CLINs (i.e. 0X01) include both F.O.B. Origin and F.O.B. Destination requirements, as annotated in the following F-1 language:

"The TH-XX aircraft to be furnished hereunder shall be delivered F.O.B. Origin at the contractor's facility, ready for flight. Any uninstalled flyaway kits shall be delivered F.O.B. destination in accordance with the delivery address identified under F-3, Delivery Addresses."

It is the Government's requirement for the A/C to be FOB Origin (in accordance with 52.247-29), at which time the Government will be liable for transportation. Any uninstalled flyaway kits shall be FOB Destination and as a result, the Contractor is liable for any delivery charges of the uninstalled flyaway kit items.

N6134019R0007, 17, C-3 Section C-3 PWS Alignment with Contract Line Item Numbers Table PWS Section 3.1.5 Final Product Baselene is associated to CLIN 0002 while the

Performance Work Satement Section 3.1.5 is allocated to CLIN 0X01.

Please confirm that it should be CLIN 0X01

Table C-3 has been updated to reflect CLIN 0X01.

RFP Section I, Clause 52.228-16 While Performance Bond is 70% value, Payment bond is * (TBD). Generally speaking, Payment bond is equivalent to Performance Bond. Please confirm value of Payment

Bond.

FAR Clause 52.228-16 has been updated remove the Payment Bond requirement. The Performance Bond requirement is still applicable.

Additionally, the last sentence of FAR Clause 52.228-16(a) definition of "original contract price" has been updated for consistency with paragraph (b) of the clause.

RFP Section I, Clause 52.228-16 Performance and Payment Bonds are required "…on a per aircraft basis." This means that there will have to be 130 separate bonds established. Recommend reconsidering this approach and request that the Bonds be required per CLIN, not per A/C.

FAR Clause 52.228-16 has been updated to address the recommendation by deleting "on a per aircraft basis" and replacing it with "to cover all aircraft" to make clear the intent is to address the Aircraft CLINs and all Aircraft, not a bond for each individual aircraft.

RFP Section I References FAR 52.232-30 INSTALLMENT PAYMENTS FOR COMMERCIAL ITEMS, in Clauses incorporated by Full Text, but also FAR 52.232.29 TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL ITEMS, in clauses incorporated by text. Typically, FAR

52.232-31 INVITATION TO PROPOSE FINANCING TERMS is also included, which allows for the Offeror to submit alternate financing terms, and -29 invokes them.

Recommend Gov't consider adding 52.232-31, or clarifying how alternate terms may be submitted by the Offeror.

In accordance with the FAR 32.203, Determining Contract Financing Terms, NAVAIR elected to specify the financing terms in lieu of permitting each offeror to propose its own customary financing terms. As a result, the procedures of FAR 32.204, Procedures for Contracting Officer-Specified Commercial Contract Financing, were implemented through the incorporation of the solicitation Section G "Commercial Installment Payment Instructions" provision and FAR clause 52.232-30, Installment Payments for Commercial Items. As FAR Clause 52.232-30 already incorporates the content and intent of 52.232-29, Terms for Financing of Purchases of Commercial Items, Amendment 0003 reflects the deletion of FAR Clause 52.232-29 from the solicitation.

As indicated under FAR 32.204, when the financing terms are included in the solicitation (as is the case with the Commercial Installment Payments in N6134019R0007), proposals of alternative financing terms shall not be accepted.

RFP Various Locations RFP references CLINS 0X01 in a number of locations. Can the government confirm that CLIN 0001 is included in this general 0X01 reference, or does that reference only include the Option CLINS 0101, 0201, 0301, 0401?

Reference to CLIN 0X01 includes CLINs 0001, 0101, 0201, 0301, and 0401.

RFP Section F -Deliveries or Performance

Delivery Schedule for CLINS 0001, 0101, 0201, 0301, 0401 are allowed to vary depending on Offeror's preference, within set ranges. CLIN 0001 states a minimum quantity of 32 for the year, with schedule per month of 1,2,2,3,3,3,3,3,3,3,3,3.

However, it states "If the Offeror proposes a quantity in excess of 32, the Offer shall propose a deliery cadence, starting in month three, not to exceed four aircraft per month. This would result in a maximum delivery total of 43 units in Year one for CLIN 0001 (i.e. per month deliveries = 1,2,4,4,4,4,4,4,4,4,4,4 = 43). However, in Section L, VOLUME 3 PRICE instructions, page 79, para 3.2.2, the Table for identifying minimum and maximum quantities per CLIN lists a maximum quantity of 36 units for CLIN 0001.

Can the government please clarify what the maximum delivery quantity allowed for

CLIN 0001 is (36 or 43)?

The minimum & maximum total CLIN delivery quantity shall be in accordance with the Table within paragraph 3.2.2 of Section L. For CLIN 0001, to compensate for the reduced allowable quantities of 1 & 2 during the first two month ramp-up period, the quantities in the remaining months may increase to 4, for any given month, so long as the total quantity for CLIN 0001 does not exceed 36.

Performance Based Specification PMA273-0013/Rev 1.8PR

Page 12 [AV-105]

[AV-105] states “The TH-XX shall provide IR positions lights and IR formation lights.”

IR lights normally require a COVERT Mode (Nav lights OFF) that cannot be civil certified by FAA. Certification of helicopter can be done with these items as NO HAZARD with the NAV light ON, then the US Navy validation will allow the crew to decide to switch manually the NAV lights off. Please confirm if this approach is acceptable to the US Navy?

This is correct. FAA certification is not required for use of the covert lighting. However, NAVAIR requires the ability to turn off the overt lighting (if not IR compatible) to access the functionality of covert lighting in flight.

Performance Based Specification PMA273-0013/Rev 1.8PR

Page 13 [AV-124]

[AV-124] states “The TH-XX shall have an integrated overt/covert IR searchlight capable of rotating 90 degrees left and right of helicopter center line.” There is no issue meeting this technical requirement. However, the FAA will not allow certification of IR searchlights and COVERT modes on panels. Certification of helicopter can be done with these items as NO HAZARD, then the US Navy validation will allow the crew to decide to switch manually the NAV lights off. Please confirm if this approach is acceptable to the US Navy?

This is correct. FAA certification is not required for use of the covert lighting. However, the government requires the ability to turn off the overt lighting (if not IR compatible) to access the functionality of covert lighting in flight.

Performance Based Specification PMA273-0013/Rev 1.8PR

Page 14 [AV-126]

[AV-126] states “The TH-XX should interface and be compatible with DOD Common Support Equipment (CSE).”

a. Can the U.S. Navy please provide a specific list of CSE that the TH-XX needs to be compatible with?

b. Will the U.S. Navy be providing interface control documents and related technical documentation for the defined CSE to as Government Furnished Information to allow the contractor to confirm compatibility with the TH-XX system?

As AV-126 is a "should" statement and not identified in Sections L or M for evaluation purposes, the Government will not evaluate AV- 126.

a. The Government has provided a list of the CSE used in the bidders Library.

b. The Government will review the CSE list provided in the bidders Library and provide any further documentation necessary via the bidders library . Fuel and electrical adapter info has already been provided in the PBS.

Question/Feedback Government Response

AHTS TH-XX Request for Proposal N6134019R0007 - Questions & Answers Related to Amendment 0003

N6134019R0007 Section I, Page 42 Clause 52.228-16

Can a Company Performance Company Guarantee (Guarantee Agreement DCMA Form-1620) supersede the need for the Performance Bond and Payment bond?

The Government (DCMA) is currently conducting financially focused pre-award surveys on all potential offerors. As part of this analysis, the DCMA Pre-Award Survey Team has disseminated a Guaranty Agreement in order to ascertain the Parent/Subsidiary Relationships and the level of the company (i.e. subsidiary vs. parent) the analysis should be conducted. This financial responsibility determination is being conducted independently from the "adequate security" required by FAR Clause 52.232-30 and implemented under the solicitation through compliance with 52.228-16.

The solicitation only provides for the satisfaction of "adequate security" to be attained through compliance with FAR 52.228-16.

PWS: Section 3.1.3 Page 7 PWS: Section 3.10 Page 13 PWS: Section 3.11 Page 13

These work packages are requiring a period of performance through the year 2050 while the production Base and Options LOTs delivery cover only up to CY2025.

Can the Government clarify the contract duration or identify how to allocate the above listed work packages?

The solicitation is structured in that hardware delivery, in and of itself, does not mark the end of the contractual relationship. The contractual obligations under the cited PWS paragraphs 3.1.3, 3.10 & 3.11 (if proposed) will continue - beyond the period of hardware inspection, acceptance, and payment - in accordance with the terms and conditions.

As the data deliverables are not separately priced, the contractor should include prices in a related priced contract line item (e.g. 0X01 series or 0010).

N6134019R0007 Section L, Page 77

• Section L states “the Offeror provide the Government the following information for each aircraft that will be used to conduct the SPD” and seven items are listed below:

1. One copy of the current FAA-approved OEM Flight Manual and any supplements, and any additional operating limits beyond the scope of these manuals;

2. A copy of the FAA Airworthiness Certification (FAA Form 8100-2) and type certificates;

3. Any additional descriptions of the aircraft and applicable systems to support aircraft familiarization;

4. Airfield and course rules training materials;

5. Location, access, and administration instructions for the site at which the Offeror plans to hold the SPD

6. A detailed configuration list of the demonstration aircraft with explicit breakdown of any anticipated configuration differences between the demonstration aircraft and the production representative aircraft (prospective TH-XX); and

7. Recent engine power assurance data and weight and balance information.

Please clarify if all these documents are also required for the SPD aircraft that will only be used for ground demonstration purposes?

RFP Section 2.1.1 System Performance Demonstration language has been updated in Amendment 0003 to better clarify documentation requirements when multiple aircraft are used for the SPD.

N6134019R0007 Section I, Page 35

We believe that is in the interest of the Government to include DFAR 252.225-7013 Duty-Free Entry in Section I - Clauses Incorporated by Reference

Amendment 0003 incorporates DFARS Clause 252.225-7013, Duty-free Entry.

N6134019R0007, Sections F-1 and H-

Question Concerns Option Exercise Period and Delivery Schedules: Section H-2 indicates an OPTION EXERCISE PERIOD range for CLINS 0101, 0102, 0103, 0104 and

0110 from XX Nov 2020 - XX Oct 2021. However, the Delivery schedule for CLIN 0101 is from Oct 2021 through September 2022. In effect, this means that the

Government could effectively exercise CLIN 0101 Option in October 2021 and require deliveries starting the same month. There of course is a production lead time for a helicopter. Can the Government please clarify if it is the intent to have potential Option Exercise and production deliveries in the same month? Recommend the Gov't change H-2 language, making the Option Exercise dates for Option CLINS 010X, 020X, 030X and 040X, state either (a) one calendar year earlier than they Section H-2 currently states (i.e. CLIN 0101...0110 changes from "XX Nov 2020 - XX Oct 2021" to ("XX Nov 2019 - XX Oct 2020); or (b) delete the range period for each of these CLINS and change CLIN 0101....0110 OPTION EXERCISE PERIOD to "No Later Than (NLT) 30 Nov 2020", and similarly for CLINS 020X to "NLT Nov 2021"; CLINS 030X to "NLT Nov

2022"; and CLINS 040X to "NLT Nov 2023" to account for production lead times.

Amendment 0003 incorporates a revised Section H-2 to reflect new Option Exercise Periods.

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