FTSS V Industry Day QA_81_12.3.20.docx
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- Attached to
- Navy Fielded Training Systems Support (FTSS) Federal contract opportunity
- Solicitation number
- N6134021R0001
About this file
This sources sought notice from the Department of the Navy seeks capabilities statements from potential offerors for the Fielded Training Systems Support V (FTSS V) multiple award indefinite delivery/indefinite quantity contract. Key details include that the FTSS V MAC will provide streamlined task order awards to meet Navy and Marine Corps training support needs over the next eight years, including contractor operation and maintenance services and contractor instructional services for aircrew and maintenance simulators across CONUS and OCONUS locations. Capabilities statements are requested to demonstrate experience in areas such as program management, logistics, quality control and facility security clearance for the provision of simulator operation and maintenance as well as instructor support. Statements should also identify any small business teaming arrangements and recommendations for acquisition strategy improvements. Responses are due by March 16, 2020. The notice lists 19 known task order requirements totaling approximately $1 billion that will be awarded under the FTSS V MAC.
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Text version
Industry Question #81:
A small business is considering pursuing a seat on the FTSS V MAC IDIQ. It would be in the form of a Joint Venture, with a foreign entity. Can you tell me if there would be any restrictions for such a JV?
Government’s Response:
Possessing at least a Secret Facility Clearance for FTSS V MAC award will be an important consideration for any potential JVs under development. At the Industry Day in April 2020, the government communicated that, “The current plan is that an Offeror (per CAGE code proposing) must possess at least a Secret Facility Clearance (FCL) for FTSS V MAC award. The majority of the FTSS V TOs are at the Secret level, but TOs up to Top Secret are planned. While our acquisition strategy is still being developed, the Government may consider sponsoring MAC awardees (with MAC CAGE code and company agreement) for the appropriate FCL beyond Secret. The Government and NAWCTSD do not guarantee the successful granting of the higher level FCL, nor the timeline for that approval. At that time it is the responsibility of the contractor's Facility Security Officer to properly process employees for the proper personnel security clearances (PCLs). For any TO competitions after MAC award, the contractor must possess at proposal due date a FCL level commensurate with the RFP planning DD 254” (reference Industry Day Q&A #23).
A JV with a foreign member cannot be cleared. For a JV to receive a facility clearance, all member companies must have a facility clearance (FCL) at the level of the contract. For a company to receive a FCL, all the key management personnel (KMP) must be U.S. Citizens and cleared at the level of the FCL or properly excluded. DSCA cannot and will not clear foreigner companies or persons. This information can be found in the National Industrial Security Program Operating Manual DoD 5220.22M.
In addition, the following clauses concerning restriction on foreign participation at the Prime or subcontract level are currently being contemplated for inclusion in the solicitation:
FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. Per 4.2105(a).
The contracting officer shall insert the provision at 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, (1) in all solicitations for contracts; and (2) under indefinite delivery contracts, in all notices of intent to place an order, or solicitations for an order (e.g., subpart 8.4 and 16.505).
FAR 52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Per 4.2105(b).
The contracting officer shall insert the clause at 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment, in all solicitations and contracts.
FAR 52.204-26 Covered Telecommunications Equipment or Services - Representation. Per 4.2105(c).
The contracting officer shall insert the provision at 52.204-26, Covered Telecommunications Equipment or Services - Representation, in all solicitations.
FAR 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation. Per FAR 9.108-5(a).
The contracting officer shall—
(a) Include the provision at 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation, in each solicitation for the acquisition of products or services (including construction)
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Per FAR 9.108-5(b) The contracting officer shall include this clause in each solicitation and contract for the acquisition of products or services (including construction).
FAR 52.225-13 Restrictions on Certain Foreign Purchases. Per FAR 25.1103(a).
The contracting officer shall include this provision in all solicitations and contracts, unless an exception applies.
FAR 52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan – Certification. Per FAR 25.1103(d).
The contracting officer shall include this provision in each solicitation for the acquisition of products or services (other than items procured under Part 12).
FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. Per FAR 25.1103(e).
The contracting officer shall include this provision in all solicitations. This is a required provision for all solicitations
DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. Per 209.409.
Use this clause in solicitations and contracts with a value of $150,000 or more.
DFARS 252.225-7974 Representation Regarding Persons that have Business Operations with the Maduro Regime (DEVIATION 2020-O0005).
Contracting officers shall include the provision 252.225-7974, Representation Regarding Persons that have Business Operations with the Maduro Regime (DEVIATION 2020-O0005), in all solicitations, including solicitations using Federal Acquisition Regulation part 12 procedures for the acquisition of commercial items, unless an exception applies.
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