Industry_Comment-Government_Response_Matrix_-_Amendment_004.pdf

Comment No. Document Reference Industry Comment Industry Recommendation Government Response (Accept / Reject / Modify)

1 Attachment 7 page 12 at (2)(iii) This section refers to a Column 4 for Table 2. However, there is not a Column 4 for Table 2. Can the Government please advise?

N/A A; paragraph (c)(2)(iii) updated to read, "…the quantity specified in Column 3 of Table 2 for commercial item computer software."

2 Section L 5.0, b., f)

Attachment 5 DD254, pg 41

DD 254 Section 7. Do we need to fill out Section 7 with subcontractors when the attachment to Attachment 5, Contract Security Classification DD254 guide states that “Government Contracting Authority (GCA) is required to review the DD Form 254 for each subcontract having access to classified information. Prior to granting a subcontractor access to classified information, the Prime Contractor must submit a copy of the subcontractors DD254 to the Program Office GCA for review and approval.”?

DD254 Section 8. Do we need to fill out Section 8 when the Defense Security Service instructions for filling out the DD254 properly states that if we fill out section 8 that will limit where the work is to be performed? Inserting a location there will make that the only place where it can be performed.

Recommendation is to leave the DD 254 Sections 7 and 8 blank. These fields to be filled in upon contract award.

A; Sections 7 & 8 of the DD254 will be completed after contract award.

3 SOW Appendix D

In Solicitation Amendment 002, the USG added Appendix D to the SOW with reference to USAF T.O. 00-35D-54. The Appendix D states that correction of CAT 1 Emergency and CAT 1 Urgent Defects shall be unallowable costs. However, the USAF T.O. 00-35D-54 does not state that such costs shall be unallowable. Further, FAR 52.246-03 states that the cost of replacement or correction shall be included in allowable cost but no additional fee shall be paid for this work. What authority has been obtained to deviate from the allocation of risk between the parties concerning the reimbursement of costs for the correction of defects contained within FAR 52.246-03.

Contractor requests that the statement regarding the unallowable cost be removed if no approval for deviation has been provided.

R; The statement in Appendix D to the SOW is ONLY applicable to the CAT I Emergency and CAT I Urgent Defects. IAW FAR 2.101, Unallowable Cost means any cost that, under the provisions of any pertinent law, regulation, or contract, cannot be included in prices, cost-reimbursements, or settlements under a Government contract to which it is allocable. The statement in Appendix D represents a mutually agreed upon Unallowable Cost.

4 SOW Appendix D

What is the time period for the warranty contained Appendix D, as it is not specified in the clause?

Recommend a one year time frame in accordance with FAR 52.246-03.

M; per the introduction to Section E (page 15) of the Model Contract (SF33), paragraph (f) of both 52.246-03 and 52.246- 08 shall apply for one (1) year after the acceptance of delivered supplies.

5 Section L Multiple GOVERNMENT COMMENT: The PCO for the PTES Program has changed. Capt Alejandro Sena is now the PCO.

N/A Section L updated to reflect change in PCO.

GOVERNMENT RESPONSES TO INDUSTRY FINAL RFP COMMENTS - AMENDMENT 004