N6264920R0032 AMD 0002.docx

N6264920R0032

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The following have been modified:

QUESTIONS AND ANSWERS

Q1: I would like to request the following manual and drawings which were missing from the data we received so far. Those documents are mandatory to project the total volume of the maintenance.

Manual:

A1-V22AB-NFM-000, Preliminary NATOPS Flight Manual Navy Model MV-22 Tiltrotor *SPEC Table 1-5 states as "A1-V22AB-AFM-000" but this manual is for CV-22 and not covered MV-22.

Drawing:

SPEC Table 1-7 V-22 Drawings (97499) 901-020-911, MV-22 Markings Installation (97499) 901-020-917, MV-22 Markings Installation - Wing/Nacelle Assy (97499) 901-020-920, MV-22 Markings Installation - Empennage (77272) 901-020-751, MV-22 External Finish and Markings - Fuselage

A1: The USG declines to release NATOPS Manual A1-V22AB-NFM-000 as it is not required for PMI; all the maintenance tasks for operating the aircraft during PMI are in the IETM. Drawings 901-020-911, 901-020-917, 901-020-920 and 910-020-751 will be released to offerors in separate correspondence.

Q2) I would like to know the login and password information for the PEMA and would like to know if there is a plan to offer instruction on how to use the PEMA.

A2) Login and password information are located on each PEMA (e.g., Cameoadmin is the login name and the password is located beneath it). A How-To Guide on using the V-22 PEMA will be released to offerors in a separate correspondence.

Q3) First, we recognized that this contract will be processed with multi awardees different from the previous contract. Is there any special reason or background for MAC ?

A3) Please refer to FAR 16.504(c) – Multiple Award Preference. The contracting officer must, to the maximum extent practicable, give preference to making multiple awards of indefinite-quantity contracts under a single solicitation for the same or similar supplies or services to two or more sources.

Q4) Second, according to the RFP, you estimated 482 days turn around time. I would like to know where this TAT is from such as the previous performance for the current contract.

A4) This is the anticipated Turn Around Time in the current contract.

Q5) We request the Government to provide more detailed explanation on method for calculating transition cost (e.g. definition of transition cost in the RFP and its attachments, exemplary expense items classified as transition cost).

(Ref.: RFP Section B "Supplies or Services and Prices", RFP ATTACH 14 "Price Summary Spreadsheet")

A5) Please refer to section 6 of the PWS. Additionally, see section L-2 of the solicitation. It states: Offerors shall provide a firm fixed price for a Transition-In period of 9 months. Values shall be 75% of CLIN 0002, SLINS 0003AA, 0003AB, 0003AC, 0003AD, 0004AA, 0004AB, 0004AC, CLIN 0006, SLINS 0007AA, 0007AB and two times the amount of CLIN 0008.

Q6) Could we edit calculating formulae set on the Price Summary Spreadsheet by default to incorporate variety of rates and expense other than the direct labor rate?

(Ref.: RFP Section B "Supplies or Services and Prices", RFP ATTACH 14 "Price Summary Spreadsheet")

A6) This is a Firm-Fixed-Price contract, not Cost-Reimbursement therefore the Government does not review separate cost elements. Under a Firm-Fixed-Price contract, generally, pricing and other costs are incorporated into the direct labor rate as provided by the spreadsheet. However, it is up to the offeror to determine how to present this information.

Q7) . Will contract winners be allowed to use the Government owned facilities or equipment for GSE calibration?

(Ref.: PWS 5.3.2.4 "Government Furnished Equipment (GFE)/Support Equipment (SE)")

A7) See updated PWS paragraph 5.3.2.4.

Q8) There is an instruction to use U.S. Dollars when offeror submit its price proposal but exchange rate between U.S. Dollars and other foreign currencies. FAR52.225-17 is not referred. Could offerors use exchange rate at a certain point discretionally? Also, will the Government make its payment in particular currency(ies) used in the country(ies) where contract winners belong to?

(Ref.: RFP Section L-1.4.1 "Section B - CLIN Pricing", FAR 52.214-35 "Submission of Offers in U.S. Currency")

A8) Please submit all proposals in U.S. Dollars in accordance with FAR 52.214-35. The exchange rate requested is to identify what rate the offeror used when exchanging from their foreign currency into U.S. Dollar for the pricing spreadsheet attachment. The Government will pay any awardee in their respective foreign currency utilizing the current exchange rate.

Q9) We posed several questions regarding IUID Registry accessibility and editorial authorization at the previous PMSA Review held on 1-APR-20 but have not received answers from the help desk or other concerned parties yet. Will the Government answer those questions within days?

(Ref.: PWS 5.3.2.5 "Contractor Acquired Property")

A9) This is not the correct forum to ask this question.

Q10) Will the Government lend below support equipment to contract winner(s) as GSE if requested though it is not listed in the draft GFP list?

Nomen: Hydraulic Component Test Stand Model: A/F27T-10

P/N: 2029AS100-10, -20

NSN: 4920-01-361-4038

(ref.: RFP Section L-1.3.1.3 "Suppot Equipment (SE)", RFP ATTACH 7 "List of Government Furnished Property (DRAFT) ", V-22 IETM, NAVAIR 01-1A-17)

A10) Please document additional required SE per Section L-1.3.1.3 of the solicitation.

SECTION I - CONTRACT CLAUSES

The following have been added by full text:

DEVIATION 2020-O0015

252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—Representation. (DEVIATION 2020-O0015)

(a) Prohibition. Section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92) prohibits DoD from using or procuring—

(1) An unmanned aircraft system (UAS), or any related services or equipment, that—

(i) Is manufactured in the People’s Republic of China or by an entity domiciled in the People’s Republic of China;

(ii) Uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in the People’s Republic of China or by an entity domiciled in the People’s Republic of China;

(iii) Uses a ground control system or operating software developed in the People’s Republic of China or by an entity domiciled in the People’s Republic of China; or

(iv) Uses network connectivity or data storage located in, or administered by an entity domiciled in, the People’s Republic of China; or

(2) A system for the detection or identification of a UAS, or any related services or equipment, that is manufactured—

(i) In the People’s Republic of China; or

(ii) By an entity domiciled in the People’s Republic of China.

(b) Representations. By submission of its offer, the Offeror represents that it will not provide or use—

(1) A UAS, as described in paragraph (a)(1) of this provision, in the performance of any contract, subcontract, or other contractual instrument resulting from this solicitation; and

(2) A system for the detection or identification of a UAS, as described in paragraph (a)(2) of this provision, in the performance of any contract, subcontract, or other contractual instrument resulting from this solicitation.

(End of provision) 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2020-O0015)

(a) Prohibition. In accordance with section 848 of the National Defense Authorization Act for Fiscal Year 2020, the Contractor shall not provide or use in the performance of this contract—

(1) An unmanned aircraft system (UAS), or any related services or equipment, that—

(i) Is manufactured in the People’s Republic of China or by an entity domiciled in the People’s Republic of China;

(ii) Uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in the People’s Republic of China or by an entity domiciled in the People’s Republic of China;

(iii) Uses a ground control system or operating software developed in the People’s Republic of China or by an entity domiciled in the People’s Republic of China; or

(iv) Uses network connectivity or data storage located in, or administered by an entity domiciled in, the People’s Republic of China; or

(2) A system for the detection or identification of a UAS, or any related services or equipment, that is manufactured—

(i) In the People’s Republic of China; or

(ii) By an entity domiciled in the People’s Republic of China.

(b) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (b), in all subcontracts or other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

FAR 52.229-12

52.229-12 Tax on Certain Foreign Procurements (JUN 2020)

(a) Definitions. As used in this clause – Foreign person means any person other than a United States person.

United States person, as defined in 26 U.S.C. 7701(a)(30) means –

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 7701(a)(31)); and

(5) Any trust if—

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) This clause applies only to foreign persons. It implements 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c)(1) If the Contractor is a foreign person and has only a partial or no exemption to the withholding, the Contractor shall include the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, with each voucher or invoice submitted under this contract throughout the period in which this status is applicable. The excise tax withholding is applied at the payment level, not at the contract level. The Contractor should revise each IRS Form W-14 submission to reflect the exemption (if any) that applies to that particular invoice, such as a different exemption applying. In the absence of a completed IRS Form W-14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000C withholding for that payment request. Information about IRS Form W-14 and its separate instructions is available via the internet at www.irs.gov/w14.

(2) If the Contractor is a foreign person and has indicated in its offer in the provision 52.229-11, Tax on Certain Foreign Procurements - Notice and Representation, that it is fully exempt from the withholding, and certified the full exemption on the IRS Form W-14, and if that full exemption no longer applies due to a change in circumstances during the performance of the contract that causes the Contractor to become subject to the withholding for the 2 percent excise tax then the Contractor shall -

(i) Notify the Contracting Officer within 30 days of a change in circumstances that causes the Contractor to be subject to the excise tax withholding under 26 U.S.C. 5000C; and

(ii) Comply with paragraph (c)(1) of this clause.

(d) The Government will withhold a full 2 percent of each payment unless the Contractor claims an exemption. If the Contractor enters a ratio in Line 12 of the IRS Form W-14, the result of Line 11 divided by Line 10, the Government will withhold from each payment an amount equal to 2 percent multiplied by the contract ratio. If the Contractor marks box 9 of the IRS Form W- 14 (rather than completes Lines 10 through 12), the Contractor must identify and enter the specific exempt and nonexempt amounts in Line 15 of the IRS Form W-14; the Government will then withhold 2 percent only from the nonexempt amount. See the IRS Form W-14 and its instructions.

(e) Exemptions from the withholding under this clause are described at 26 CFR 1.5000C-1(d)(5) through (7). Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. tax are adjudicated by the IRS as the 26 U.S.C. tax is a tax matter, not a contract issue.

(f) Taxes imposed under 26 U.S.C. may not be -

(1) Included in the contract price; nor

(2) Reimbursed.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/ help/tax-law-questions.

(End of clause)

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

The following have been modified:

ATTACHMENTS AND EXHIBITS

Attachments Attachment (1) Performance Work Statement Attachment (2) Government Relationships and Responsibilities Attachment (3) Quality Assurance Surveillance Plan (QASP) Attachment (4) Occupational Safety, Health and Environmental Provisions Attachment (5) Repairable Items Process Attachment (6) Drafting and Processing Local Manufacturing Requests (LMR) at Contractor Maintenance Facilities Attachment (7) List of Government Furnished Property (DRAFT) Attachment (8) Drafting and Processing Temporary Engineering Instruction at Contractor Maintenance Facilities Attachment (9) PEMA Specifications Attachment (10) Maintenance Facility Requirements Attachment (11) Airfield Requirement Attachment (12) Projected Induction Schedule Attachment (13) Past Performance Questionnaire Attachment (14) Price Summary Spreadsheet

Exhibits Exhibit A

Exhibit B

Exhibit C

Exhibit D

Exhibit F F001 Integrated Master Schedule (IMS) V-22

Exhibit G G001 Material Expense Report V-22

Exhibit L L001 Technical Data Inventory Listing V-22

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

The following have been added by full text:

FAR 52.229-11

52.229-11 Tax on Certain Foreign Procurements - Notice and Representation (JUN 2020)

(a) Definitions. As used in this provision – Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means -

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701 (a)(31)); and

(5) Any trust if -

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at vvww.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that -

(1) It [_] is [_] is not a foreign person; and

(2) If the Offeror indicates "is" in paragraph (d)(l) of this provision, then the Offeror represents that - I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(l) of this provision, then -

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/ help/tax-law-questions.

(End of provision)

SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

The following have been deleted:

(End of Summary of Changes) image1.wmf