May 28, 2004

Mr. Donald E. King
Contracting Officer
Federal Aviation Administration
800 Independence Avenue, SW
Washington, DC 20591

Dear Mr. King:

This responds to your letter to me dated May 25 requesting the NAATS comments on the final AFSS solicitation released on May 3, 2004. The NAATS comments follow with references to section numbers of the document.

1.1 Add "in accordance with all FAA directives" to the end of the first sentence. While methods of meeting the requirements can be left up to the service provider, the requirements must be spelled out for everyone to ensure a "level playing field".

1.2 Cost and customer service are very important but there is no mention of the performance goals being achieved while adhering to safety standards and FAA directives put in place to save lives.

1.4 How can SPs be expected to provide accurate bids when the workload data they are being asked to use is approximated and forecasted? Definitive data is necessary, attainable.

1.5 The Phase-In period has been changed to 6-9 months. However, ACA has consistently briefed that Phase-In will not exceed 6 months. Which is it and why? Certainly unresolved protests should extend this period.

2.1 FAA Order 7110.10 must be referenced here as the standard for any SP.

2.2 AFSS Air Traffic Controllers provide meteorological and aeronautical information, not the AFSSs.

2.3 There are no Eastern and Western FAA Regions at this time. The SP should be held to the same standards as the current AFSS personnel in providing the safe and efficient use of the NAS. Anything less should be unacceptable.

3.0 Add "that shall be performed by the SP in accordance with all FAA directives, orders and notices" to the end of the first sentence.

3.1.1 State that FAA Order 7110.10 is the standard for the SP. While some aspects of FAA Order 7110.10 have been included in the Technical Library, it is still a dynamic document that changes frequently as events require.

3.1.2 Include language that the SP must provide AFSS services using trained and certified Air Traffic Control personnel. Failure to do so could allow the SP to provide services in an automated fashion with no pilot/briefer interaction at all. Why is the phrase "unless specified otherwise" used? Who specifies otherwise?

3.2.1 Include language that the SP must provide services in accordance with FAA Order 7110.10 until such time as they submit the document change proposals to the FAA for review and approval. Include language that personal interaction to help pilots make informed decisions is a performance goal and mandatory. This is a central issue - service is not just about providing general meteorological information to pilots, but also to help them to understand it so they can make educated decisions from the information they receive not only for their safety, but for the safety of their passengers.

3.2.2 Include "in accordance with FAA Order 7110.10" language in the first sentence. Clarity on requirements is essential to avoid misunderstandings.

3.2.2.5 Include language requiring adherence to FAA Order 7110.10 throughout this section. Search and rescue services and emergency services seemed to have been lessened and need to be re-addressed to reflect requirements in the 7110.10.

3.2.2.7 This only contains a fraction of the requirements of FAA Order 7110.10 and must be modified. The language used is too limiting and will allow the SP to ignore a multitude of accrual search and rescue duties, i.e. if an aircraft is IFR and outside of a hazardous area, the SP will not be required to conduct a search.

3.2.2.8 TE#G-5 implies that Airport Advisory Service will only be provided for the airports listed. The SP should be required to provide this service consistent with customer demand.

3.2.3.1 Include language that the NOTAMS in this section shall be formatted and disseminated in accordance with FAA Order 7930.2. If this is not referenced there will be no consistency throughout the country and between other air traffic facilities. Only FAA Order 7610.4 is listed; FAA Order 7110.10 should also be included.

3.2.3.4.2 This language must be modified to reflect current requirements. As written, the SP can ignore requests from other than Secret Service.

4.1.5 Include language that the SP must provide workload data in accordance with FAA Order 7210.3 until such time as they can provide a plan for review and approval by the FAA and submit document change proposals.

4.1 How does any of this relate to the Air Traffic Organization (ATO)) and current FAA management structure? How will the SP work within the existing FAA architecture? Will the MEO bid be penalized for organizational issues beyond its control?

4.1.6 Line one should be changed to include the phrase "thereby promoting a more efficient service without compromising safety."

4.2 Include the phrase "SP personnel shall be certified as having met ATC requirements".

4.2.2.1 Delete the second sentence as its only purpose is to allow a provision for non-US operational personnel. Obviously this is contrary to safety and security concerns as well as congressional intent.

4.3 Include language that FAA Order 7010.1 and FAA Order 7210.56 are mandatory.

Does the age 56 retirement age currently applicable to FAA controllers also apply to the commercial offerors? If it does, this should be stated in the SIR. If not, why not, given that the retirement age takes into consideration safety concerns?

SCA -- Has the FAA submitted a notice of intention to make a service contract (or other notice comparable to an SF98) to the Department of Labor regarding the SIR pursuant to 29 C.F.R. � 4.4? If yes, please provide identifying information (e.g., date, number) or a copy. If not, please explain why not.

SCA -- Has the FAA received a wage determination from the Department of Labor for this procurement? Please provide.

SCA -- Will the FAA be making the current collective bargaining agreement available to the offerors so they are aware of their obligations under the SCA as they relate to the collective bargaining agreement?

Right of First Refusal Obligation
-Will the FAA follow FAR pt. 7.3 with respect to the Right of First Refusal Obligation?

-Can a commercial contractor which obtains a letter of commitment from or enters into a contingent employment agreement with, a retired or former controller in anticipation of an award under the SIR choose not to offer the position first to the Federal employee whose position is being outsourced?

-Is it correct that unless a contractor has an employee who is already working for the contractor performing controller services substantially similar to those covered by the SIR, it must first offer the position to the Federal employee whose job is being outsourced?

Section L.6.2. -- Can the FAA explain, give examples of and elaborate upon what is meant by a "PSP�s understanding of staffing requirements related to an A-76 environment"?

Section L.6.2. "The compensation levels should also reflect an understanding of the similarity to the work to be performed in response to this SIR, to the type of work done today by employees inside and outside of government." This sentence appears to relate back to the earlier sentence in the same paragraph requiring offerors to describe the total compensation for the employees "who will work under the contract directly providing flight services." Are there any employees/persons outside of government and in the United States whose work is similar to that of the employees currently providing the flight services covered in the SIR? Please identify.

Section M.2.2. - What types of risk will the Government be evaluating? Will the risk evaluation include an assessment of whether the proposal poses a safety risk in the performance of the flight services? Even though there will be no separate rating, will there be a prompt or place where evaluators can record their assessments of risk? Can risk be used to distinguish between acceptable offers in making the award decision?

Section M.2 -- This section states "The best value decision shall be deemed conclusive except in cases of fraud or gross mistake." NAATS takes exception to this statement. It is inconsistent with the AMS standard for SSO decisions ("To ensure the integrity of the FAA competitive source selection process, all SSO decisions should be based on the evaluation criteria established in the SIR and have a rational basis" -- AMS Section 3.2.2.3.1.2.5.) and ODRA precedent regarding best value determinations.

Section M.2.1 - Are the technical evaluation factors weighted equally? Are the elements weighted equally under each factor? Section H.7 -- What is/are the source(s) for these position descriptions? Must the offerors comply with these -- e.g., will any combining of or modification of position of descriptions be allowed?

Please provide examples of the types of union "issues" which must be addressed with the MEO and in advance of proposal submission to reduce "the risk" of the Agency Tender. To what extent does the FAA expect the MEO/FAA to negotiate specific arrangements with each collective bargaining unit employee in connection with the proposed MEO structure prior to the bid due date? Is this expectation consistent with OMB Circ. A-76�s requirement to use estimates for conversion costs? Please explain.

How will the FAA evaluate the cost of conversion to the MEO if at all? Will an estimate be used that is the same as or similar to the estimates mandated by the Circular for conversion to a commercial contract? If yes, why; if no, why not?


QASP Comments

1.1 Include language to require adherence to FAA orders, directives and notices.

2.3 What contingency plan addresses default by the SP? Does the FAA have such a plan?

3.2.3 Where do the FAA evaluators and evaluation branch fit into this process? Who are the QAEs? What is the QAE accountability?

3.2.4 This is a critical responsibility. A representative from NAATS should be included in this group.

3.4 Customers and their representatives should have a stronger presence than indirect support of QAEs and COTR.

4.1 Quality assurance should be conducted in accordance with existing FAA orders, notices and directives.

4.1.1 What about unresolved protests? The Phase-In Period should be adjusted to accommodate resolution of all protests.

4.1.2 What is the maximum time allocated for transition?

4.3 Is covert surveillance a consideration? If not, why?

4.3.1.3 Why is the SP informed of an unplanned inspection? Was there any consideration of an unannounced, unplanned inspection? If not, why?

4.3.2 Regularly scheduled, comprehensive surveys of the customer are critical. What methodology will be used in conducting and compiling data?

4.5.1 What is the distribution on the service provider deficiency report? How may interested parties obtain copies?



Sincerely,



Walter W. Pike
President