1. RFP - HQ003421R0162.pdf
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- Solicitation number
- HQ003421R0162
- Issued by
-
DOD Washington Headquarters Service
About this file
This request for proposal solicits independent assessment services of defense laboratory contracting and intellectual property policies. Required services include evaluating whether current DoD policies limit commercialization and innovation in dual-use technologies, alternative policy options to accelerate commercialization, and generating policy recommendations. Proposals are due by 4:30pm on June 10, 2021.
The solicitation will be awarded to the responsible offeror providing the best value based on technical approach, key personnel qualifications, past performance, and price factors. Technical approach is the most important non-price factor. The independent assessment must cover policies at specified defense laboratories and agencies within an eight-month period of performance. Pricing shall be provided using the attached price breakdown sheet.
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SEE A DDENDUM
(No Collect Call s)
HQ003421R0162 10-May-2021
b. TELEPHONE NUM BER
571-289-6643
8. OFF ER DUE DAT E/LOCAL T IM E
04:30 PM 10 Jun 2021
5. SOLICIT ATION NUM BER 6. SOLICITAT ION ISSUE DAT E
A UTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STA NDARD FORM 1449 (REV . 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE O R PRIN T)
(SIGNAT URE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Us e Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTA NCE IS DIFFERENT A ND PUT
BELOW IS CHECKED
TELEPHONE NO.
HQ00349. ISSUED BY
18b. SUBMIT INVOICES TO A DDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORM AT ION CALL:
a. NAM E
FREDERICK C. RA Y
2. CONTRACT NO. 3. AWARD/EFF ECTIVE DATE 4. ORDER NUM BER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNA TURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISIT ION NUM BER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
FR043020210930
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. Y OUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
WHS - ACQUISITION DIRECTORATE
4800 MARK CENTER DRIVE, SUITE 09F09
ALEXANDRIA VA 22350-0002
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$30,000,000
NAICS:
611310
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUA NTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOM EN-OWNED SM ALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SM ALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF38
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM /DD) 42d. TOTAL CONTAINERS
STANDA RD FORM 1449 (REV. 2/2012) BA CK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCA L REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUA NTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
Section SF 1449 - CONTINUATION SHEET
PERFORMANCE WORK STATEMENT
PERFORMANCE WORK STATEMENT (PWS)
Assessing Transfer of Department of Defense-Originated Dual-Use Technology
USD(R&E)/Laboratories and Personnel Office
1.0 INTRODUCTION
House Report 116-333 – National Defense Authorization Act (NDAA) for Fiscal Year 2020, page 1170, requires the Under Secretary of Defense for Research and Engineering USD(R&E) to provide an independent review and assessment of the Defense Advanced Research Projects Agency (DARPA) and defense laboratories’ contracting and intellectual property management policies and their effects on commercialization of and further innovation in dual-use technology. The assessment will generate policy recommendations to be provided to the USD(R&E)/Laboratories and Personnel Office (LPO) that may assist in accelerating commercialization and innovation in dual-use technology. Dual-use technology is defined as technology that has use by both the DoD and the private sector.
2.0 BACKGROUND
There are two primary aspects to Technology Transfer (T2):
(1) The focus is on the innovation that is funded by the DoD, which is developed internally to the DoD by civilian employees, and is governed by DoD Directive 5535.03 and DoD Instruction 5535.8. This internally funded and developed innovation is to be protected and made available to the private sector for commercialization purposes.
(2) The focus is on the innovation that is funded by the DoD and developed externally to the DoD by private sector entities (e.g. industry and academia). This form of T2 is governed by contracting and intellectual property management policies and regulations (specifically DoD Directive 5535.03 and DoD Instruction 5535.8). The DoD typically maintains government purpose rights (GPR); however, the private sector entities are encouraged and incentivized to protect and commercialize innovation developed with Federal funding.
3.0 SCOPE
The USD(R&E) seeks a university business school or law schools with resident economics and intellectual property expertise to conduct an independent assessment of the Defense Advanced Research Projects Agency’s and defense laboratories’ contracting and intellectual property management policies and their effect on the commercialization of and innovation in dual-use technology.
3.1 The specific subset of defense laboratories to be evaluated will include:
Army Navy Air Force Fourth Estate
DEVCOM Army Research Laboratory 2800 Powder Mill Rd, Adelphi, MD 20783
Naval Research Laboratory
(NRL)
4555 Overlook Ave SW, Washington, DC 20375
Air Force Research Laboratory Materials & Manufacturing (AFRL-RX) Building 653 Wright-Patterson
AFB, OH 45433-7734
Defense Microelectronics Activity (DMEA) 4234 54th St, McClellan Park, CA 95652
Walter Reed Army Institute of Research (WRAIR) 503 Robert Grant Ave, Silver Spring, MD 20910
Naval Information Warfare Center- Pacific (NIWC-Pac) 53560 Hull Street San Diego, CA 92152-5001
AFRL- Information Directorate (AFRL-RI) 26 Electronic Pkwy, Rome, NY 13441
Uniformed Services University 4301 Jones Bridge Rd, Bethesda, MD 20814
DEVCOM Ground Vehicle Systems Center (GVSC) 6305 E Eleven Mile Rd, Warren, MI 48092
Naval Undersea Warfare Center (NUWC) Newport 1176 Howell St, Newport, RI 02841
711th Human Performance Wing 2610 Seventh Street Wright Patterson
AFB, OH 45433-7901
Defense Advanced Research Projects Agency (DARPA) 675 North Randolph Street Arlington, VA 22203-2114
DEVCOM Data & Analysis Center (DAC) 6896 Mauchly St, Aberdeen Proving Ground, MD 21005
Naval Air Warfare Center- Aircraft Division (NAWC-
AD)
22347 Cedar Point Road, Building 2185. Patuxent River, MD 20670
AFRL- Space Vehicles Directorate (AFRL-RV) 3550 Aberdeen Avenue SE Bldg 427 Kirtland AFB, NM 87117-
US Special Operations Command (SOCOM)
7701 Tampa Point Blvd.
MacDill AFB, FL 33621-
4.0 PERFORMANCE REQUIREMENTS
4.1 TASKS: The Contractor shall conduct an independent assessment of a specified subset of defense laboratories’ contracting and intellectual property management policies and their effects on the commercialization of and innovation in dual-use technology.
4.1.1 The Contractor’s assessment shall evaluate the following:
Whether current DoD policies and practices concerning intellectual property and government-purpose rights and licenses, in conjunction with current intellectual property law and its practice, limit commercialization and innovation in dual use-technology; and
Alternative policy options to accelerate commercialization and innovation in dual-use technology.
Pros and cons of each option.
4.1.2 The Contractor shall provide policy options and evaluations to include at a minimum:
4.1.2.1 The DoD’s negotiation and retention of intellectual property that is currently retained by contractors through contract vehicles;
4.1.2.2 The DoD’s negotiation and retention of intellectual property when using prize competitions (as authorized by10 USC 2374a and 15 USC 3719). Prize competitions are a tool for incentivizing the achievement of scientific and technological innovation by offering monetary and non-monetary benefits (e.g., recognition) to competition participants;
4.1.2.3 The DoD’s potential adoption and use of “research as-a-service”-type contracts as utilized by the private sector, including prospective challenges or needs for negotiation and retention of intellectual property developed through such activity;
4.1.2.4 The DoD’s negotiation and retention of intellectual property when using government-funded grants to fund science and technology activities;
4.1.2.5 Actions that might be taken through DoD contract language contracts to discourage selective commercial hoarding, such as the incorporation of price ceilings for commercial products and licenses and commercial sale mandates;
4.1.2.6 Expansions or modifications to GPR (such as described in DFARs Part 227.7103-5(b)); and
4.1.2.7 Programs and policy to make DoD intellectual property, including that originating from research and development conducted in Department laboratories, available to the private sector.
5.0 PERFORMANCE WORK SUMMARY
Performance Objective Reference Paragraphs
Surveillance Method
Frequency Performance Threshold
Complete independent assessment of a specified subset of defense laboratories’ contracting and intellectual property management policies and their effects on the commercialization of and innovation in dual-use technology
4.1 Inspection by LPO 8 months from
contract award
Contractor is required to perform with 95% accuracy
Evaluate whether DoD policies and practices limit commercialization and innovation in dual use technology
4.1.1 and 4.1.1.1
Inspection by LPO 8 months from contract award
Contractor is required to perform with 95% accuracy
Evaluate alternative policy options to accelerate commercialization and innovation in dual-use technology
4.1.1 and 4.1.1.2
Inspection by LPO 8 months from contract award
Contractor is required to perform with 95% accuracy
Evaluate the pros and cons of each option
4.1.1 and 4.1.1.3
Inspection by LPO 8 months from contract award
Contractor is required to perform within 95% accuracy
Provide policy options to be evaluating at a minimum the DoD’s negotiation and retention of intellectual property that is currently retained by contractors through contract vehicles
4.1.2 and 4.1.2.1
Inspection by LPO 8 months from contract award
Contractor is required to perform with 95% accuracy
Provide policy options to be evaluating at a minimum the DoD’s negotiation and retention of intellectual property when using prize-based competitions
4.1.2 and 4.1.2.2
Inspection by LPO 8 months from contract award
Contractor is required to perform with 95% accuracy
6.0 TRAVEL
The Contractor is not required or authorized to travel in support of this requirement.
7.0 QUALITY ASSURANCE
7.1 The Contractor is responsible for implementing and maintaining a Quality Control Plan
(QCP) that identifies and results in the correction of potential and actual problems. The Government shall rely upon the Contractor to implement a Contractor designed QCP that ensures that service will be performed in accordance with this contract, commercial standards, and applicable laws. The QCP shall be implemented on the first day of contract performance. The QCP shall encompass all positions that the Contractor is supplying to the Government during the Period of Performance.
7.2 Notwithstanding the Contractor’s QCP, the Government will establish a Quality Assurance
Surveillance Program (QASP) to ensure that the services rendered by the Contractor are acceptable and meet the Government’s minimum requirements. The Government’s QASP
(as authorized by10 USC 2374a and 15
USC 3719)
Provide policy options to be evaluating at a minimum the DoD’s potential adoption and use of “research as-a-service”-type contracts as utilized by the private sector, including prospective challenges or needs for negotiation and retention of intellectual property through such activity
4.1.2 and 4.1.2.3
Inspection by LPO 8 months from contract award
Contractor is required to perform with 95% accuracy
Provide policy options to be evaluating at a minimum the DoD’s negotiation and retention of intellectual property when using government-funded grants to fund science and technology activities
4.1.2 and 4.1.2.4
Inspection by LPO 8 months from contract award
Contractor is required to perform with 95% accuracy
Provide policy options to be evaluating at a minimum the actions that might be taken through DoD contract language contracts to discourage selective commercial hoarding, such as the incorporation of price ceilings for commercial products and licenses and commercial sale mandates
4.1.2 and 4.1.2.5
Inspection by LPO 8 months from contract award
Contractor is required to perform with 95% accuracy
Provide policy options to be evaluating at a minimum the expansions or modifications to government-purpose rights (such as described in DFAR Part 227.7103-5(b))
4.1.2 and 4.1.2.6
Inspection by LPO 8 months from contract award
Contractor is required to perform with 95% accuracy
Provide policy options to be evaluating at a minimum the programs and policy to make DoD intellectual property, including that originating from research and development conducted in Department laboratories, available to the private sector.
4.1.2 and 4.1.2.7
Inspection by LPO 8 months from contract award
Contractor is required to perform with 95% accuracy will address what deliverables are recommended for surveillance and the method and surveillance periodicity to ensure the quality of deliverables as outlined in this PWS. The QASP addresses what will be reviewed and shall outline actions to be taken by the Government, should review(s) and inspections identify areas requiring remedial action. There are performance standards and metrics that address productivity and completion times that are of special interest to the Government.
7.3 Periodic Progress meetings: The Contractor shall participate in periodic progress meetings.
The COR will apprise the Contractor of how the Government views the Contractor’s performance and the Contractor shall apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government and may be in the form of a teleconference or virtual environment and on-site meetings mutually agreed by both parties.
8.0 INCIDENTAL GOVERNMENT FURNISHED ITEMS & SERVICES
8.1 Information: The Government will provide information, materials, and forms unique to the
Government for supporting the task. The COR will be the point of contact for identification of any required information to be supplied by the Government. The information may include: Standard Operating Procedures, DoD Manual 5200.01 “DoD Information Security Program: Protection of Classified Information”, DoD Manual 5200.2-R “Personnel Security Program”, and DoD 5220.22-M, “National Industrial Security Program Operating Manual”
(NISPOM).
9.0 CONTRACTOR QUALIFICATIONS
9.1 The Contractor shall provide courteous and professional service.
9.2 Contractor shall provide sufficient numbers of personnel with appropriate skills to effectively and efficiently perform required tasks and meet performance and quality standards. The following Key Personnel are to be provided:
9.2.1 Contractor shall provide at least one (1) Subject Matter Expert (SME) with an advanced degree and at least fifteen (15) years of relevant experience in the following areas: business, or economics, or law, or technology transfer policy and intellectual property protection; or a scientific or engineering discipline.
9.2.2 Contractor shall provide at least one (1) Senior Researcher with an advanced degree and at least ten (10) years of relevant experience in the following areas:
business, or economics, or law, or technology transfer policy and intellectual property protection; or a scientific or engineering discipline.
9.2.3 At least one of the above (9.2.1 or 9.2.2) key personnel shall have relevant public policy experience.
9.3 Contractor shall complete the Key Personnel Chart in the solicitation for each Key Personnel listed in 9.2.1 and 9.2.2.
10.0 CONTRACTOR PERSONNEL
10.1 Compliance with Law. In accordance with Public Law 105-270, Section 5 (2) (A), Contractors shall not perform inherently governmental functions. Section 5 (2)(A) of this Public Law defines the term “inherently governmental function” as “a function that is so intimately related to the public interest as to require performance by Federal Government employees.
10.2 Contractor personnel performing services shall be required to comply with Government and installation rules and regulations applicable to conduct, safety, security, and procedures governing site entry and exit.
10.3 When performing the tasks associated with this PWS, Contractor personnel shall clearly identify themselves as a Contractor and have a readily distinguishable identification badge and not DoD employees.
10.4 Contractor personnel cannot manage, supervise, or task DoD civilian employees or military personnel while performing services under their contract.
10.5 Contractor personnel shall not establish an employee-employer relationship with the Office of the Under Secretary of Defense (Research & Engineering). Contractor personnel shall not provide personal services to the Office of the Under Secretary of Defense (Research & Engineering) under this contract.
10.6 Contractor personnel cannot make any commitment of U.S. Government funds or resources unless specifically authorized.
10.7 Normal government business workday consists of the hours between 0730-1600 Eastern
Time (ET), Monday through Friday, except for federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.
10.8 NON-DISCLOSURE AGREEMENT (NDA):
The Contractor may be required to access Confidential, Proprietary and/or Sensitive Information held by the Government related to the tasks to be performed under this contract.
In consideration of the Government granting the Contractor access to this information, a NDA shall be required between the Contractor and the Government. This form shall be signed by all contract personnel working under this contract and submitted upon contract award. If contractors are replaced during the performance of this contract, then new contract employees shall sign the NDA Form upon beginning work.
10.9 Smoking/Alcohol Policy: The Contractor shall comply with local command smoking policies and comply with all applicable Federal statutes, laws, and regulations for alcohol use in the workplace. Copies of policies will be provided to the Contractor by the local command at performance start date.
10.10 Drug Policy: The Contractor shall comply with all applicable Federal statutes, laws, and regulations to implement a Drug Free Workplace Program (DFWP).
10.11 The Contractor shall maintain appropriate dress standards for an office setting.
11.0 FEDERAL HOLIDAYS TO INCLUDE PRESIDENTIAL EXECUTIVE ORDERS:
New Year’s Day 1st of January Dr. Martin Luther King’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day 5th Monday in May Independence Day 4th of July Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran’s Day 11th of November Thanksgiving Day 4th Thursday in November Christmas Day 25th of December
12.0 CONTRACT OVERSIGHT
12.1 The Contractor shall provide a single point of contact for all contract supervision and performance related matters. The Contractor’s Point of Contact shall ensure that all requirements are performed and that deliverables are submitted.
12.2 The Contractor shall schedule a Kick-Off meeting within seven (7) business days of contract award. The kick-off meeting shall include a Project Management Plan (PMP). The kick-off meeting could be accomplished by teleconference or virtual environment. The Government will approve the kick-off meeting format.
12.3 The Contractor shall deliver a PMP that details the technical approach to meet all deliverables. The Contractor shall deliver the final PMP within fifteen (15) business days of the contract award. The plan must incorporate the technical approach chosen to fulfill the requirements and shall be submitted for review and approval by the Government. The PMP plan shall describe, in detail, the Contractor’s technical approach for each aspect of the tasks outlined herein. It shall include discussion of risk management, quality, technical management approach, quality assurance, communications, staffing, and schedule.
12.4 The Contractor shall deliver monthly status and financial reporting that shall be delivered by the 15th of each month. A template will be provided.
13.0 DELIVERABLES
Required Deliverable Due by date Acceptable
Quality Levels
Methods of Surveillance
Kickoff meeting between performer and government
Conducted within 7 business days of award
95% Inspection by LPO
Project Management Plan (PMP) detailing technical approach to meet all deliverables.
Deliver the final PMP within fifteen (15) business days of the contract award.
95% Inspection by LPO
Monthly status reports and financial reporting
Delivered by 15th of each month
95% Periodic inspections
Interviews/surveys/data collection with labs specified for evaluation
100% delivered by end of Period of Performance
100% File Review
Draft interim progress briefing 3 months from contract award
50% Inspection by LPO
Final report on assessment findings 8 months from contract award
100% Inspection by LPO
Briefing presentation summarizing the final report
8 months from contract award
100% Inspection by LPO
Briefing presentation to others Up to 12 months from contract award
100% Inspection by LPO
14.0 PLACE of PERFORMANCE
Contractor site location (work will not be performed on government site)
Acronyms
DARPA Defense Advanced Research Projects Agency DoD Department of Defense GPR Government Purpose Rights IT Information Technology LPO USD(R&E)/Laboratories and Personnel Office NIPR Non-Secure Internet Protocol Router network OMB Office of Management and Budget OUSD(C) Office of the Under Secretary of Defense Comptroller PMP Program Management Plan POM Program Objective Memorandum
QASP Quality Assurance Surveillance Program QCP Quality Control Plan RDT&E Research, Development, Testing and Evaluation SIPR Secret Internet Protocol Router network T2 Technology Transfer UI User Interface USC United States Code
Definitions
CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.
CONTRACTING OFFICER (CO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government.
Note: The only individual who can legally bind the Government.
CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.
Government appointed by the CO to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.
DUAL-USE TECHNOLOGY. Science and technology and other activities that develop technologies that have both DoD and non-DoD applications
PERFORMANCE REQUIREMENTS SUMMARY. Includes the tasks, service or requirement being measured, mapping back to the performance work statement, including the specific paragraph in the PWS. a performance indicator or quality standard
PRIZE COMPETITIONS. A tool for incentivizing the achievement of scientific and technological innovation by offering monetary and non-monetary benefits (e.g., recognition) to competition participants.
QUALITY ASSURANCE. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.
QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.
WORK WEEK. Monday through Friday, unless specified otherwise.
Appendix 1: Template for Monthly Status and Financial Report Report to be in Word format.
Cover Page: The cover page should include the following:
Office to Which the Report is Submitted (Laboratories and Personnel Office) Contract Number Project Title Project Director/Principal Investigator (PD/PI) Name, Title and Contact Information (e-mail address and phone number) Name of Submitting Official, Title, and Contact Information (e-mail address and phone number), if other than PD/PI Submission Date DUNS, EIN, and Cage Code Recipient Organization (Name and Address) Recipient Identifying Number or Account Number, if any Project Period (Start Date, End Date) Reporting Period End Date Signature of Submitting Official (signature shall be submitted in accordance with agency- specific instructions)
Activity Summary: (Awardee can use relevant pictures (including screen shots), graphs, tables, and graphics in this section. Also include information for sub-awardees if applicable.)
Accomplishments A comparison of actual accomplishments with the goals and objectives established for the period, the findings of the investigator, or both. If applicable, include disaggregated participant data as well as any pertinent demographic data (i.e. racial/ethnic minority, girls/women, military students, disabled students).
Technical Progress Progress towards meeting goals for the effort and/or reasons why established goals were not met. State if there were any challenges with stated efforts, and how they were addressed/resolved.
Financial Status Budget analysis with an explanation of cost over/underruns. Include hours expended by labor category and overall funding summary for labor for the period reported.
Collaborations/Interactions Collaborations, interactions or other interview with government entities (individuals/organizations) in support of this effort.
Notable Upcoming Events State events/milestones for next month with estimated dates. Include requests for DoD engagement in upcoming events as well.
PRICE BREAKDOWN SHEET
The Offeror shall complete Attachment 1 the excel Price Breakdown Sheet (highlighted area only) and include it in Volume IV.
PERIOD OF PERFORMANCE
Period of Performance will start the date of award.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Months Independent Assessment
FFP
Provide services IAW the Performance Work Statement (PWS).
FOB: Destination
PURCHASE REQUEST NUMBER: FR043020210930
R406
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020
52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
OCT 2020
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.204-26 Covered Telecommunications Equipment or Services-- Representation.
OCT 2020
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-3 Offeror Representations and Certifications--Commercial Items
FEB 2021
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 Contract Terms and Conditions Required to Implement
Statutes or Executive Orders--Commercial Items
JAN 2021
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.232-29 Terms for Financing of Purchases of Commercial Items FEB 2002 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.252-5 Authorized Deviations In Provisions NOV 2020 52.252-6 Authorized Deviations In Clauses NOV 2020 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.227-7015 Technical Data--Commercial Items FEB 2014 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021
CLAUSES INCORPORATED BY FULL TEXT
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that--
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.
(End of Provision)
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 611310.
(2) The small business size standard is $30,000,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.
(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, telephone number, and email of the offeror;
Electronic Submission:
Question and Answer Series: Submit any questions electronically via email regarding the Request for Proposal (RFP) to the following point of contact and include the proposal number (HQ003421R0162) no later than 12:00 pm Eastern Time on Thursday, May 20, 2021. Any questions received after deadline may not be answered.
Frederick Ray, Contract Specialist Email: frederick.c.ray.civ@mail.mil Telephone: 571-289-6643
Submit proposals electronically via email to the point of contact listed above and include the proposal number, (HQ003421R0162) in the subject line of the email no later than 4:30 pm Eastern Time on Thursday, June 10, 2021.
Hard copy submissions shall not be considered or evaluated.
The Proposal must be clear, concise, include sufficient detail for an effective evaluation, and must substantiate the validity of stated claims. Proposals shall not simply rephrase or restate the Government’s requirements, but rather shall provide a convincing rationale to address how the Offeror intends to meet the areas to be evaluated. Assume that the Government has no prior knowledge of their experience or best practices. Evaluations will be based only on the information presented in the proposal.
Text must be easily readable (e.g. single or double spaced, with minimum one-inch margins, able to be printed on 8½ x11 inch paper, minimum of 12-point size font); however; the font size for Attachment 2 (Key Personnel Chart) will be 11-point size font. Number pages consecutively. Pages submitted in excess of the page limitations stated in this document will be removed, and will not be included in evaluations. Page limits (ref table one (1) below) do not include cover pages, tables of contents, blank pages for separation, etc. Fonts larger than 12 point, bold, underline, and italics are acceptable for emphasis and headings. Table fonts and diagrams may be smaller than 12 point, but must be easily readable. Do not use compressed fonts or compressed line spacing. Each volume should include a cover page and table of contents. Identify each page with the volume number, page number, and RFP number. Mark cover pages with the volume number, RFP number, RFP title, company and/or team name. Offeror must be registered in sam.gov. Shall provide DUNS, CAGE code, name, telephone number, and email address of the contract manager or other agent authorized to obligate your organization/team. FAR provisions 52.204-8, 52.204.24, and 52.204-26 will be included as part of the Offeror cover/transmittal letter and it will not count towards the page limits.
TABLE 1
VOLUME ITEM PAGE LIMIT
I Technical Approach 10 Pages II Key Personnel Qualifications 3 pages per Key Personnel III Past Performance (Note – this does not include Past Performance Questionnaires submitted by Government officials)
2 pages per summary
IV Price (Note: Attachment 1 Price Breakdown Sheet is to be included in Volume IV)
None
It is the responsibility of the contractor to review the following attachments.
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) “Remit to” address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.
Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as…
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