05. CSO FISCAL YEAR 19_20 AFWERX CHALLENGES.pdf

31 July 2020 / FA7013-20-S-0003

COMMERCIAL SOLUTION OPENING FISCAL YEAR 2019/2020 AFWERX

CHALLENGES

1. General Information

The purpose of this CSO is to competitively solicit challenge demonstrations from the selected top teams, resulting from their initial submissions in response to the listed AFWERX Challenges originally posted on https://afwerxchallenge.com and the special notice posted on 20 November 2019 for AFWERX Challenge & AFWERX Challenge Workshops

1.1 Background & Authority

AFWERX is a community of Air Force innovators who strive to connect Airmen to solutions across the force: whether that be funding, collaborating with industry, or simply receiving guidance on a project.

AFWERX established in 2017 by the Secretary of the Air Force, reports to the Vice Chief of Staff of the Air Force. It is composed of personnel from across active duty, the Air National Guard, Air Force Reserve, Air Force Civilian Service, and contract organizations.

AFWERX is a catalyst for agile Air Force engagement across industry, academia and non-traditional contributors to create transformative opportunities and foster an Air Force culture of innovation. Our goal is to solve problems and enhance the effectiveness of the Air Force by enabling thoughtful, deliberate, ground-up innovation across the Air Force.

The AFWERX Challenge Workshops are where individuals, startups, small businesses, large enterprises, academics and research labs submit solutions to specific challenges that the U.S. Air Force (USAF) launches. AFWERX Challenges fosters growth and collaborative practices within the non-traditional military/business ecosystem. AFWERX Challenge workshops seek to facilitate open dialogue and collaboration across key areas of industry to inform potential use cases for commercial dual-use technology solutions and/or processes.

AFWERX Challenge workshops are not solicitations to contract or otherwise enter into formal partnerships or agreements with the government. However, these workshops may offer future opportunities for current and/or collaborative solutions to be reviewed by USAF and/or other state/federal government end-users. AFWERX Challenge workshops may inform potential pathways for future contract solicitations, grant or agreement opportunities for prototyping, demonstration, testing, and/or fielding solutions.

During Fiscal Year FY 19 and FY 20 the below AFWERX Challenges were opened and advertised on afwerxchallenge.com.

Mission Focus Areas

● Joint All Domain Command and Control (JADC2)

● Air Force Recruiting, Reimagined

● Empowering Airmen and Family Wellbeing

● Culture of Innovation

● Base Security and Defense

● 2D to 3D Designs for Additive Manufacturing (Reverse Engineering)

● Leveraging Technology for Operational Effectiveness

9 July 2020 / FA7013-20-S-0003

● Installation Resilience

● Temporary Housing and Logistics

● Persistent ISR

● Global Space Transport and Delivery

● Space Partnerships

● Space Asset Resiliency

● USAF Pilot Training and Development

● Integrated Respirator Information System

1.2 CSO Definition & Scope

This CSO is a competitive continuation posted on this Government Point of Entry https://beta.sam.gov/opp/f31945934602418d924df6c494b94d95/view?keywords=%22afwerx%20challe nge%22&sort=-relevance&index=&is_active=true&page=1. This solicitation is open through 30 December 2020. This CSO solicitation is a competition seeking demonstration from the top teams for each Challenge selected by the DoD reviewers from the original submissions in order to showcase their potential solution to USAF and other DoD potential customers. The goal of the event is to enable teams to bring contract-worthy solutions to refine and test their solutions in a military context.

This CSO seeks innovative, commercial technologies that propose new solutions and/or potentially new capabilities that fulfill requirements, close capability gaps, or provide potential technological advancements in support of the Challenge Area of Interests listed above. Please review the above Challenge process on https://afwerxchallenge.com.

The CSO authority is Section 879 of the National Defense Authorization Act for FY2017, Public Law 114-328, and Class Deviation – Defense Commercial Solutions Opening Pilot Program, DARS Tracking No. 2018-O0016, https://www.acq.osd.mil/dpap/policy/policyvault/USA001228-18-DPAP.pdf.

In this context, innovative means any technology, process, or method, including research and development that is new as of the date of submission of a proposal. Or innovative means any application that is new as of the date of submission of a proposed use of technology, process, or method existing as of such date.

This CSO may result in the award of prototype projects, which include not only commercially-available technologies fueled by commercial or strategic investment, but also concept demonstrations, pilots, and agile development activities that can incrementally improve commercial technologies, existing government-owned capabilities, and/or concepts for broad defense and/or public application(s). The Government reserves the right to award a FAR Part 12 contract or an Other Transaction (OT) under 10 USC 2371b agreement, including prototype and follow-on production, or no contract instrument at all, as a result of this solicitation. Consistent with 10 USC 2371b, awards of follow-on production contracts must be made through the use of competitive procedures unless the award of an initial OT provides for a follow-on production contract and the OT participant successfully completed the prototype project.

1.3 CSO Procedure

All Solution Briefs submitted in response to AFWERX Challenges will be in response to and governed by this CSO. The CSO outlines the procedures to submit a response to ensure a competitive process, comprised of three-spirals:

Spiral 1 Solution Briefs: Shall be submitted as specified in Section(s) 1.6.2-1.6.3 of this CSO. The Government will evaluate Solution Briefs against the criteria stated in the applicable Challenge Mission https://beta.sam.gov/opp/f31945934602418d924df6c494b94d95/view?keywords=%22afwerx%20challenge%22&sort=-relevance&index=&is_active=true&page=1 https://beta.sam.gov/opp/f31945934602418d924df6c494b94d95/view?keywords=%22afwerx%20challenge%22&sort=-relevance&index=&is_active=true&page=1 https://www.acq.osd.mil/dpap/policy/policyvault/USA001228-18-DPAP.pdf

Focus Area site on afwerxchallenge.com. The Government will not be obligated to pay offerors responding to this CSO for the costs associated with Solution Brief submissions or follow-on Spiral proposal activity.

Spiral 2 Demonstration: Offerors responding to this CSO may be invited to provide additional information to further elaborate and discuss their proposed concept/technology/solution.

Spiral 3 Request for Commercial Solution Proposal (CSP): Those offerors whose Solution Brief and oral Demonstration are evaluated and determined to hold sufficient technical merit, will be invited to submit a full written proposal following the instructions provided in Section(s) 1.6.6 - 1.6.9 of this CSO.

1.4 CSO DEFINITIONS

“Commercial Solutions Opening” (CSO) is a competitive procedure contracting/agreements officers may use to acquire innovative commercial items, technologies, or services, as provided in Section 879 of the National Defense Authorization Act for FY2017, Public Law 114-328, and Class Deviation – Defense Commercial Solutions Opening Pilot Program, DARS Tracking No. 2018-O0016.

"Other Transaction” refers to the type of Other Transaction Agreement (OTA) that may be placed as a result of this CSO. This type of OT is authorized by 10 U.S.C. § 2371b for prototype projects directly relevant to enhancing the mission effectiveness of military personnel and the supporting platforms, systems, components, or materials proposed to be acquired or developed by the DoD, or for the improvement of platforms, systems, components, or materials in use by the armed forces. This type of OTA is treated by DoD as an acquisition instrument, commonly referred to as an "other transaction" for a prototype project or a Section 2371b "other transaction".

“Prototype Project” is defined in the DoD Other Transactions Guide (Version 1, Nov. 2018) issued by the Office of the Under Secretary of Defense for Acquisition and Sustainment:

https://www.dau.edu/guidebooks/Shared%20Documents/Other%20Transactions%20(OT)%20Guide.pdf.

Such project can generally be described as a proof of concept, model, reverse engineering to address obsolescence, pilot, novel application of commercial technologies for defense purposes, agile development activity, creation, design, development, demonstration of technical or operational utility, or combinations of the foregoing. A process, including a business process, may also be the subject of a prototype project. Although assistance terms are generally not appropriate in OT agreements in 10 U.S.C.

§ 2371b, ancillary work efforts that are necessary for completion of the prototype project, such as test site training or limited logistics support, may be included in prototype projects. A prototype may be physical, virtual, or conceptual in nature. The quantity of prototypes/commercial solutions should generally be limited to that needed to prove technical or manufacturing feasibility or evaluate military utility.

“Nontraditional Defense Contractor” is defined in 10 U.S.C. § 2302(9) as an entity that is not currently performing and has not performed, for at least the one-year period preceding the solicitation of sources by the DoD for the procurement or transaction, any contract or subcontract for the DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C. § 1502 and the regulations implementing such section. This includes all small business concerns under the criteria and size standards in 15 U.S.C. 632 and 13 C.F.R. Part 121.

“Nonprofit Research Institution” means a nonprofit institution, as defined in 15 U.S.C. § 3703 as an organization owned and operated exclusively for scientific or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual.

“Small Business Concerns” is defined in the Small Business Act (15 U.S.C. 632) and 13 CFR Part 121.

https://www.dau.edu/guidebooks/Shared%20Documents/Other%20Transactions%20(OT)%20Guide.pdf

“Innovative” is defined, consistent with Section 879 of the National Defense Authorization Act for FY2017, Public Law 114-328, and Class Deviation – Defense Commercial Solutions Opening Pilot Program, DARS Tracking No. 2018-O0016—

(1) any new technology, process, or method, including research and development that is new as of the date of submission of a proposal; or

(2) any new application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date.

1.5 GUIDELINES FOR SOLUTION BRIEFS, DEMONSTRATIONS AND PROPOSALS

1.5.1 General Guidelines

a. Unnecessarily elaborate brochures or proposals are not desired.

b. Use of a diagram(s) or figure(s) to depict the essence of the proposed solution is strongly encouraged.

c. The period of performance for any Solution submitted must be included in spiral 3 submission.

d. Technical data with a military application may require approval, authorization, or license for lawful exportation.

e. All Solution Briefs and Proposals shall be unclassified. Solution Briefs and Proposals containing proprietary information that is not to be disclosed to the public for any purpose or used by the Government except for evaluation purposes shall include the following general disclaimer on the cover page:

“This [select one: Solution Brief or Proposal] includes proprietary information that shall not be disclosed outside the Government, except to non-Government personnel for evaluation purposes, and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this submission. If, however, an agreement is awarded to this Offeror as a result of --or in connection with – the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent agreed upon by both parties in the resulting agreement. This restriction does not limit the Government's right to use information contained in this proprietary information if it is legally obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]”

Recommended marking (header or footer) for portions of business plans and/or technical information that are to be protected for a period of five years from FOIA disclosure:

“10 U.S.C. §2371(i), provides that disclosure of certain type of information [i.e. i. a proposal, proposal abstract, and supporting documents. ii. A business plan submitted on a Business Proprietary basis. iii. Technical information submitted on a confidential basis] is not required, and may not be compelled, under section 552 of title 5 for five years after the date on which the information is received by the Department of Defense.”

f. Submissions shall be submitted electronically as prescribed by the applicable AFWERX challenge site.

g. Submissions sent through other mediums, channels, and/or after the prescribed by the AFWERX Challenge open period has ended will not be considered, reviewed nor evaluated.

h. Solution Briefs that are not invited to a Spiral Phase 2 Oral Demonstration or Spiral Phase 3 Request for CSP will be notified in writing as soon as practicable. Further verbal feedback may be provided, upon request, at the Contracting/Agreements Officer’s discretion. Feedback to unsuccessful offerors shall be provided upon request in accordance with provisions and timelines of 10 U.S.C. 2305 and Section 818 of National Defense Authorization Act for 2018.

1.6.1.1. Small Business and Domestic Sourcing

a. Representation of small business size and status: NAICS code currently identified for this CSO is 54171 - Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology) with a 1,000 employee small business size standard under 13 CFR Part 121. Additional NAICS codes may be assigned by amendment.

During Spiral 1 Solutions Brief and Spiral 2, Demonstration, offerors shall identify their small business size and socio-economic status, as well as small business size and socio-economic status of any proposed team members or subcontractors under the NAICS identified in this paragraph or the NAICS the offeror believes would be appropriate pursuant to FAR 52.219-1, Small Business Program Representations (February 2020). Socio-economic status refers to status as a small disadvantaged business, 8(a), women-owned, veteran-owned, service-disabled veteran-owned, and HUBZone small business concerns, and any related identifications. The Contracting Officer shall issue an amendment to this Solicitation assigning appropriate NAICS codes prior to requests for Spiral 3 Commercial Solutions Proposals, and shall require re-representation of small business size and status under the assigned NAICS codes.

b. Awards under this CSO are anticipated to exceed the Simplified Acquisition Threshold. Consistent with DFARS 215.203-70, Requests for proposals – tiered evaluation of offers, consideration shall be given to the tiers of small businesses (e.g., 8(a), HUBZone small business, service-disabled veteran-owned small business, small business) before evaluating offers from other than small business concerns.

c. Follow-on production contracts under 10 U.SC. 2371b may further use the following authorities upon future notice:

i. If otherwise appropriate, non-competitive follow-on production contracts arising out of a 10 USC 2371b OT under this solicitation may utilize FAR Part 18 small business acquisition flexibilities, e.g, FAR 18.114, Contracting with the Small Business Administration (The 8(a) Program), subject to provisions of the DoD-SBA 8(a) Partnership Agreement (2013) concerning acceptance into the 8(a) Program, FAR 18.115, HUBZone sole source awards, FAR 18.116, Service-disabled Veteran-owned Small Business (SDVOSB) sole source awards, FAR 18.117, Awards to economically disadvantaged women-owned small business concerns and women-owned small business concerns eligible under the Women-Owned Small Business Program. Notice of appropriate clauses will be included in prototype OTs that may qualify for future non-competitive production contracts using these flexibilities.

d. Small business subcontracting plans and small business participation: FAR-based contracts awarded pursuant to this CSO (including 10 U.S.C. 2371b follow-on production contracts) shall include FAR 52.219-8, Utilization of Small Business Concerns (Oct. 2018). FAR-based contracts awarded pursuant to this CSO (including 10 U.S.C. 2371b follow-on production contracts) which are meeting FAR Subpart 19.7 criteria for small business subcontracting plans shall include FAR 52.219-9 Small Business Subcontracting Plan (March 2020). Offerors shall address plans to comply with these requirements as part of Spiral 3, Commercial Solutions Proposals if seeking FAR Part 12 contracts, or if seeking OTs which provide for follow-on non-competitive production contracts. Offerors not seeking either instrument in the preceding sentence shall clearly state so as part of their CSP and shall address these requirements as part of competition for follow-on production contracts. If the event that any follow-on production contracts are required to have small business subcontracting plans and are negotiated using FAR Part 15 negotiation procedures, DFARS 215.304(c) Small Business Participation Plans shall be required.

e. Foreign-Owned businesses may independently submit a solution or do so as part of a teaming arrangement with one or more United States-Owned businesses. Foreign participation is subject to small business and domestic sourcing restrictions and incentives in this CSO, or as may be imposed in the future by the President pursuant to the Defense Production Act, 50 U.S.C. 50 U.S.C. 4501, et.

seq., or the Department of the Air Force. The ability of Foreign-Owned businesses to obtain a contract award or OTA based upon a submission may depend upon the ability of the Foreign-Owned business to obtain necessary clearances and approvals to obtain proscribed information, and the ability to comply with U.S. laws, regulations, and contractual terms.

f. Small business subcontractors shall receive prompt and accelerated payment under FAR 52.232-40, and DFARS 232.903.

1.6.1.2. Commercial Terms and Conditions

a. Consistent with FAR Part 12, offerors may propose commercial terms and conditions.

b. This contract is subject to FAR 52.212-4, Contract Terms and Conditions – Commercial Items (Oct

2018).

1.6.2 Spiral 1 - Solution Brief Content

a. Solution Briefs should be provided as updates (if necessary) to an offeror’s original submission made to the challenge on AFWERXChallenge.com. Solution briefs should not exceed five (5) single-sided written pages using 12-point font.

b. Solution Briefs must include the following:

1. Offeror Name, Title, Date, Point of Contact Name, E-Mail Address, Phone, and Address.

2. Executive Summary: Provide an executive summary of the technology. (This is included in the 5 written pages limit)

3. Technology Concept: Show and/or describe how your proposed solution or potential new capabilities fulfill requirements, close capability gaps, or provide potential technological advancements in support of the challenge mission focus area to provide capabilities to aid in the observation, orientation, decision and action across all domains. Describe the unique aspects of your technology and the proposed work as it relates to the applicable challenge mission focus area including key attributes such as data sources, automation, user experience, cyber security, and ability to integrate with other systems. Identify whether the effort includes the pilot or demonstration of existing commercial technology (identified as commercially ready and viable technology), or the further development of commercial technology for potential defense application.

4. Feasibility & Scalability: If development or adaptation is proposed, identify a suggested path to mature the technology. Identify aspects of your proposal, to include data and software, which may be considered proprietary. Identify the ability of the solution to scale rapidly across USAF and other agencies, and whether the proposed solution can provide a reasonable management approach for technical delivery, schedule, and cost.

5. Warfighter impact: Provide an assessment of how the solution brings value to the warfighter.

6. Offeror Responsibility & Solution Viability: Provide a brief overview of the offeror. Provide a summary of current experience, qualifications, and resources or ability to obtain them in accordance with FAR Part Subpart 9.4, e.g., summary of the top line (gross sales/revenues) and balance sheet. Provide a summary of product development, manufacturing (if relevant), and logistics strategy to the best extent possible.

7. Data Rights Assertions for Commercial Items (if applicable).

8. Identify any Intellectual Property (IP) in the technology, all relevant owners and licensors, and associated restrictions on Government use.

9. Due Date for Spiral 1 is based on the applicable challenge mission focus area posted on afwerxchallenge.com

Note: The Title Page does not count against page limit, however the executive summary does.

1.6.3 Spiral 1 Solution Brief - Basis of Evaluation

Solution Brief evaluation criteria are listed in order of importance from top to bottom. Individual Solution Briefs will be evaluated against the evaluation criteria described below:

a. Responsiveness of the Solution Brief in addressing the Challenge Mission Focus Areas with a commercially available dual use product and/or process;

b. Timeliness of response based on the associated requirement or impact timeline requirements;

c. The Technical Merit of the proposed solutions and demonstrated feasibility; including key attributes is outlined on afwerxchallenge.com.

d. An acceptable evaluation of the offeror’s responsibility (ability to perform) and business solutions as it pertains to proposed production and logistics; and

e. The approach or technology is innovative when considered against the government application.

f. Applicable sourcing and small business participation requirements or preferences are applied, as provided in this Solicitation.

Solution Briefs will be evaluated by DoD reviewers using the evaluation criteria listed on afwerxchallenge.com for the applicable mission focus area, and not against other Solution Briefs submitted in response to this CSO. The Government may elect to use external market research in the evaluation of an offeror's viability. The Government holds the right to select all, some, or none of the solution briefs submitted in response to the applicable mission focus area. The Government will complete the Spiral 1 Solution Brief evaluation at the conclusion of spiral 2 demonstrations. The Government will attempt to notify the offeror of the results of the evaluations (spiral 1 and spiral 2) as soon as practicable but no later than 30 days after demonstration of a CSP Request. A request for CSPs must be issued no later than 12 months after the mission focus area showcase/demonstration event.

1.6.4 Spiral 2 Oral Demonstration Content

In Spiral 2, the offeror shall provide a virtual oral Demonstration to showcase and provide further details on the technical and business viability of their proposed solution.

During the Spiral 2 Oral Demonstration, the offeror must detail/address the following:

a. Expanded details of the potential solution that was provided in the Spiral 1 Solution Brief

b. A live demonstration of the potential solution utilizing relevant and/or analogous data

c. Should the solution require assistance with testing, validation and/or capacity for scaling within the USAF, identification of the magnitude, type and scale of assistance required for follow on activities.

d. Pricing of the current, unmodified, proposed solution

e. The Solution Brief will identify all Intellectual Property (IP) in the technology, all owners and licensors thereof, and associated restrictions on the Government’s use of that IP.

f. The Oral Brief should be able to address detailed Q&A from DoD Stakeholders, including both

Technical and Operational subject matter experts.

Each offeror will be allowed a specified amount of time for their oral demonstration. The timeframe will include time for questions & answers.

NOTE: The Government will be conducting Spiral 2 using virtually or in-person conferencing and will record all virtual Demonstrations.

1.6.5 Spiral 2 Oral Demonstrations Basis of Evaluation

Individual Oral Demonstrations will be evaluated against the evaluation criteria outlined below and not against any other oral demonstrations held under the same challenge mission focus area.

Oral Presentation evaluation criteria are listed in order of importance from top to bottom. Spirals shall be evaluated/scored on the following factors:

a. Level of relevancy of the solution in addressing the Challenge mission focus area with a commercially available dual use product and/or process;

b. The Technical Merit of the proposed solution adequately addressed in the Challenge mission focus area and demonstrated feasibility for the Government to pursue the proposed solution including the technical risk/maturity;

c. The current unmodified price will be considered as appropriate, and must be fair and reasonable.

1.6.6 Spiral 3 Proposal Content

The third and final spiral of the CSO process is the CSP. Based upon the results of Spiral 1 and Spiral 2 evaluation above, the Government may issue a Request for CSP. If that occurs, an offeror, or offerors will be invited to develop and submit a written proposal as well as negotiate appropriate terms and conditions, as applicable, governing the proposed solution and/or prototype. At this stage, the selected offerors may discuss proposal development details during the proposal writing process with their assigned Government subject matter expert(s) or Government teaming partner(s). Each proposal submitted shall consist of two sections: Section 1 shall provide the technical proposal; Section 2 shall address the price/cost/schedule portions of the proposal. Additionally, offerors are invited to provide their own internal terms and conditions that may be consolidated with those of the Government. This includes Service License Agreements (SLA) and/or User License Agreements (ULA).

Offerors should note that there are certain terms and conditions the Government may be unable to accept.

However, projects awarded through the CSO may provide flexibility to adopt customary industry standards where it is otherwise legal and meets the Government’s general public responsibility.

Spiral 3 may be evaluated based on technical, price, and additional factors as established in the request for

CSP.

1.6.9 Spiral 3 CSP Basis of Evaluation

CSO evaluation criteria are listed in order of importance from top to bottom or as otherwise established in the request for CSP. The Government panel of subject matter experts will first review the proposal for adequacy, eligibility, and determine if the following requirements are met:

a. If the technical approach and respective risk elements are acceptable;

b. If the proposal performance schedule & requested Gov’t support is realistic and/or adequate;

c. If the proposed price is fair and reasonable.

d. Applicable sourcing and small business participation requirements or preferences are applied, as provided in this Solicitation.

If a challenge mission focus area contracting officer decides to pursue an OT, an evaluation team will also review the proposal to determine if the following factors are met:

1. Fits the definition of a prototype: does/does not fit the CSO definition of a prototype;

2. Quantity: quantity is/is not limited to that needed to prove technical or manufacturing feasibility or evaluate military utility;

3. Meets mission effectiveness standard: Is/is not directly relevant to enhancing DoD mission effectiveness;

4. Meets 10 U.S.C. 2371b non-traditional participation/cost share requirement:

a. There is at least one nontraditional defense contractor or nonprofit research institution participating to a significant extent in the prototype project; or ;

b. All significant participants in the transaction other than the Federal Government are small businesses (including small businesses participating in a program described under section 9 of the Small Business Act (15 U.S.C. 638)) or nontraditional defense contractors; or

c. At least one third of the total cost of the prototype project is to be paid out of funds provided by sources other than the Federal Government; or

d. The senior procurement executive for the agency determines in writing that exceptional circumstances justify the use of a transaction that provides for innovative business arrangements or structures that would not be feasible or appropriate under a contract, or would provide an opportunity to expand the defense supply base in a manner that would not be practical or feasible under a contract.

5. Defense Utility: Solution is/is not applicable to a DoD platform, system, process or component;

6. Meets all published OT requirements.

7. The price will be considered as appropriate, and must be fair and reasonable.

8. Applicable sourcing and small business participation requirements or preferences are applied, as provided in this Solicitation.

If a Challenge mission focus area CSO Agreements Officer decides to pursue a prototype contract (Non- OT), requirements 1-6 above will NOT be used.

Technical volumes will be reviewed as received by a government subject matter expert panel member.

In all cases, proprietary information shall be protected from unauthorized access to competitors and non-government personnel.

1.7 AWARDS - General Guidelines

Upon favorable review of the CSP and subject to the availability of funds, the Government may choose to make a fixed price award either using FAR Part 12 Acquisition of Commercial Items or OT authority.

The Contracting/Agreements Officer reserves the right to negotiate directly with the offeror on the terms and conditions prior to execution of the resulting contract or OT, including payment terms, and will execute the contract/agreement on behalf of the Government. Be advised, only a Contracting or Agreements Officer has the authority to enter into, or modify, a binding contract or agreement on behalf of the United States Government.

In order to receive either a fixed price award either using FAR Part 12 Acquisition of Commercial Items or OT authority:

a. Offerors must have a Dunn and Bradstreet (DUNS) number and must register in the System for Award Management (SAM) prior to receiving an award or agreement. Offerors are advised to commence SAM registration upon receipt of a Request for CSP.

b. Offerors must also register in the prescribed government invoicing system (Wide Area Work Flow: https://wawf.eb.mil/xhtml/unauth/registration/notice.xhtml).

c. Offerors must represent their small business size and status as required in this solicitation.

d. Offerors must be determined to be responsible by the Contracting/Agreements Officer and must not be suspended or debarred from award by the Federal Government nor be prohibited by Presidential Executive Order and/or law from receiving an award.

e. Receipt of a Request for CSP does not guarantee that an offeror will receive an award and the Government reserves the right not to award a contract/agreement.

1.7.1 Comptroller General Access to Information

If the prototype OT provides for payments in a total amount in excess of $5,000,000, the Agreement will include a mandatory clause that provides for the Comptroller General the ability to examine the records of any party to the agreement or any entity that participates in the performance of the agreement.

1.7.2 Procurement Integrity Act (PIA)

As required by 10 U.S.C. § 2371b(h), all Agreements awarded under this CSO shall be treated as Federal Agency procurements for purpose of 41 U.S.C. Chapter 21. Accordingly, the CSO competitive solicitation process and awards made thereof must adhere to the ethical standards required by the PIA.

1.8 - Iterative Prototyping

A contract or OT for a prototype awarded against this CSO shall allow for an iterative prototyping process.

An iterative prototyping process will allow the Government to modify, by mutual agreement, the scope of a prototype contract or OT to allow for the adaptation and modification of the technology being https://wawf.eb.mil/xhtml/unauth/registration/notice.xhtml prototyped to meet additional unique and discrete purposes/mission sets. The sequential prototype iterations may result in a separate spiral prototype project rather than a modification of the original prototype contract or OT. These additional unique and discrete purposes/mission sets can be generated by USAF or originate within any USAF subordinate or supported organization.

1.8.1 – Successful Completion of Prototype

A prototype project is complete upon the written determination of the appropriate approving official (program manager and Contracting/Agreements Officer) for the matter in question that the efforts conducted under a prototype contract or OT: (1) met the key technical goals of a project; (2) met the metrics incorporated into the prototype contract or OT; or (3) accomplished a particularly favorable or unexpected result that justifies the transition to a production contract or OT.

Furthermore, prior to successful completion of a prototype project under this CSO, the Government can transition any aspect of the prototype project determined to provide utility into production while other aspects of the prototype project have yet to be completed.

1.8.2 – Follow-on Production of a Prototype

After award of a prototype using either a fixed price award either using FAR Part 12 Acquisition of Commercial Items or OT authority, the Government and offeror may negotiate a follow-on contract or OT for production or solution integration with or without further competition. Any concept/technology/solution successfully proven through a contract or Prototype OT can be transitioned to a production contract. The Government reserves the right to award a follow-on contract or OT before the prototype is complete, under competitive procedures as provided in 10 U.S.C. 2371b.

1.8.3 Any CSP posted by the Government under this CSO could result in the potential award of a follow-on production or solution integration contract or OT.

1.8.4 The Government reserves the right to extend performance to all, some, or none of the selected solutions and will be made based on the availability of government funds.

1.9 – Non-Government Advisors

Non-Government advisors may participate, as non-scoring members during Spiral 3.The Government understands that information provided in response to this CSO is presented in confidence and may contain trade secrets or commercial or financial information, and it agrees to protect such information from unauthorized disclosure to the maximum extent permitted or required by Law, to include:

➔ 18 U.S.C. 1905 (Trade Secrets Act);

➔ 18 U.S.C. 1831 et seq. (Economic Espionage Act);

➔ 5 U.S.C. 552(b)(4) (Freedom of Information Act);

➔ Executive Order 12600 (Pre-disclosure Notification Procedures for Confidential Commercial

Information); and, ➔ Any other statute, regulation, or requirement applicable to Government employees

2.0 Source Selection Sensitive Information: Department of the Air Force policy is to treat all submissions as source selection information, and will only disclose their contents for the purpose of evaluation. Restrictive notices notwithstanding, during the evaluation process, submissions may be handled by Non-Government advisors for administrative purposes and/or to assist with technical evaluation(s). All government support contractors performing this role are expressly prohibited from performing DAF technical research and are bound by appropriate NDAs.

Submissions will not be returned. The original of each submission received will be retained with the CSP Contracting Activity and all other non-required copies destroyed. A certification of destruction may be requested, provided the formal request is received by the contracting office within 5 days after notification that the proposal was not selected.

3.0 – CSO CONTACT INFORMATION

CSO_Ombudsman: Lt Col Jorge L. Manresa - jorge.manresa@afwerx.af.mil

Questions regarding this CSO should be addressed to FY20ChallengeCSO@afwerx.af.mil no later than 12 August 2020.

3.1 CSO Provision-Subject to Availability of Funds.

Funds are not presently available for this CSO. The Government’s obligation under this CSO is contingent upon the availability of appropriated funds from which payment for CSO purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

3.2 Notifications of Award and Protests

Unsuccessful offerors shall receive notification of award and small business status of awardees. Protests may be filed in accordance with FAR Part 33, DFARS Part 233, and AFFARS Part 5333. Protests of small business size or status to the SBA may be filed pursuant to 13 CFR Part 121 and FAR Part 19.

mailto:jorge.manresa@afwerx.af mailto:FY20ChallengeCSO@afwerx.af