BAA 692M15-19-R-00020 Amendment 004 Conformed Copy Sep 21 2023.pdf

Federal Aviation Administration (FAA) Unmanned Aircraft Systems (UAS) Integration Office

(AUS), Washington D.C.

BROAD AGENCY ANNOUNCEMENT 2023

Solicitation Number: 692M15-19-R-00020 Amendment 004

Federal Aviation Administration, FAA Southern Regional Office, College Park, Georgia

Posting Date: September 21, 2023

Solicitation Number: 692M15-19-R-00020; Amendment 004

Contents

INTRODUCTION

General Information

Points of Contact

SCOPE AND ESSENTIAL UAS INTEGRATION INTEREST TOPICS

Interest Topic Number UAS001: Detect and Avoid Capability

Interest Topic Number UAS002: Beyond-Visual-Line-of-Sight Operations

Interest Topic Number UAS003: Operation of Multiple Small Unmanned Aircraft Systems

Interest Topic Number UAS004: Unmanned Aircraft Systems Traffic Management

Interest Topic Number UAS005: Improvement of Privacy Protections Through the Use of Advances in UAS Technology

Interest Topic Number UAS006: Command & Control (C2)

Interest Topic Number UAS007: Other Critical Priorities

WHITEPAPER AND PROPOSAL INFORMATION

General Whitepaper and Proposal Information

Whitepaper Preparation, Submission, and Evaluation

Proposal Preparation, Submission, and Evaluation

OTHER PERTINENT INFORMATION

Certificate of Current Cost and Pricing Data

Type of Contract

Awards

Restrictive Marking on Proposals

Representations and Certifications

INTRODUCTION

The Unmanned Aircraft Systems (UAS) Broad Agency Announcement (BAA), solicitation number 692M15-19-R-00020, is sponsored by the Federal Aviation Administration (FAA), Unmanned Aircraft Systems Integration Office (AUS), Research Strategy, Planning, & Communications Branch (AUS-320). The BAA was posted to the FAA’s Contract Opportunities website (https://sam.gov/opp/b4ad8d3812474faab6e518c73c564f10/view) on June 03, 2019, as a means of soliciting proposals related to integration of UAS into the national airspace system (NAS). This BAA is open for a period of five (5) years (from the date of original issuance through June 2, 2024, unless terminated sooner). This BAA includes integration interests from AUS, located in Washington D.C.

This BAA Amendment (004) is being issued to provide revision to the Interest Topics under consideration as well as additional administrative updates. This Amendment 004, supersedes the base BAA issued on June 03, 2019 and any subsequent amendments in their entirety.

Under authority of the FAA Modernization and Reform Act (FMRA) of 2012 (P.L. 112-95) and the FAA Extension, Safety and Security Act (FESSA) of 2016 (P.L. 114-190), the FAA established seven UAS Test Sites (UASTS) to support the integration of UAS into the NAS.

Under the FAA Reauthorization Act of 2018 (P.L. 115-254), UASTS Pilot Program was extended to September 30, 2023. Some of the call requests issued under this BAA may be related to the UASTS. The seven UASTS are:

• University of Alaska Fairbanks (AK)

• North Dakota Department of Commerce (ND)

• New Mexico State University (NM)

• Griffiss International Airport (NY)

• State of Nevada (NV)

• Texas A&M University at Corpus Christi (TX)

• Virginia Polytechnic Institute & State University (VA)

Awards made under this BAA are not to be limited specifically to UASTS Pilot Program efforts but will also support the FAA’s overall efforts to integrate UAS into the NAS.

General Information

1. This BAA is issued under the FAA Acquisition Management System (AMS) under authority

49 USC 106(1) and (m), which provides for the selection of proposals submitted in response to this announcement. This issuance of a BAA is a means of soliciting proposals related to integration of UAS into the NAS. A BAA may be used by agencies to fulfill the requirements for scientific study and experimentation directed toward advancing the state-of-the-art or increasing knowledge or understanding rather than focusing on a specific system or hardware solution. The BAA must only be used when meaningful proposals with varying technical/scientific approaches can be reasonably anticipated.

2. An open BAA allows for Whitepaper submittals at any time until the expiration of the BAA.

Whitepapers and proposals will be evaluated according to the instructions described herein.

A two-step BAA process will invite potential Offerors to submit brief descriptive Whitepapers in lieu of full proposals. The FAA may, at its discretion, then request complete proposals from those potential Offerors selected in the Whitepaper evaluation process. When the FAA receives proposals, they are evaluated and selected according to the procedures described herein.

While the BAA will remain open for five years and allow Whitepaper submissions at any point during that time period, the Government may also issue requests for Whitepapers transmitted via “Calls”, using the https://sam.gov/content/home) website to bring attention to one or more areas of interest. These “Calls” may further define specific FAA UAS integration interests; or, may simply request Whitepapers for a specific topic.

3. Whitepapers may be submitted at any time during the life of this BAA, not solely in response to a specific Call. The FAA may award a contract at any time during the term of this BAA. An award may also be made after the BAA expiration date if the whitepaper was received before the expiration date. An award may occur up to six (6) months after the BAA expiration date.

Offerors that submit a proposal without first submitting a Whitepaper may be ineligible for award. Under certain circumstances, a Call may request proposals instead of Whitepapers.

When providing a response to a specific Call under this BAA, Offerors are advised that they are responsible for reading and understanding the content in both the BAA and the Call.

4. This announcement is general in nature, identifying essential FAA UAS integration areas of interest, including criteria for submitting and evaluating whitepapers, and solicits the participation of all Offerors capable of satisfying the FAA’s needs. Proposals selected for award are considered to be in full compliance with the AMS. Resulting agreements may be in the form of purchase orders, contracts, grants, cooperative agreements, or other transaction agreements (OTAs) depending upon the specifics of the effort, such as extent of Government involvement, actual scope of work, and cost.

5. The FAA will consider Contractor Teaming Arrangements, as set forth in AMS Policy section

3.2.2.7.3 Contractor Team Arrangements.

6. The Offeror, by submission of an offer or execution of a contract in response to this BAA, certifies that the Offeror is not debarred, suspended, declared ineligible for an award of public contracts, or proposed for debarment pursuant to AMS 3.2.2.7.4. If the Offeror cannot certify or if the status of the Offeror changes prior to award, the Offeror must provide detailed information as to its current status.

7. This BAA is an expression of interest only and does not commit the FAA to make an award or pay for any costs associated with Whitepaper or proposal preparation in response to this announcement or any Call. The cost of Whitepaper and proposal preparation for response to a BAA is not considered an allowable direct charge to any resultant contract or any other contract.

Awards will be made subject to the availability of appropriated funds. Prospective Offerors are reminded that only a duly warranted Contracting Officer may obligate the Government to an agreement involving expenditure of Government funds. The Government reserves the right to fund all, some, one, or none of the Whitepapers or proposals received under this BAA. The FAA anticipates making multiple awards subject to availability of funds.

8. This BAA may be amended as necessary, including to revise existing topics or add new topics.

Any and all amendments to this BAA will be published on the https://sam.gov/opp/b4ad8d3812474faab6e518c73c564f10/view webpage.

9. The FAA encourages industry, educational institutions, small businesses, and small disadvantaged business concerns, historically black colleges, university, and minority business enterprises and institutions, interested in assisting the FAA with integration of UAS into the NAS, to submit Whitepapers.

10. This BAA addresses the development of non-specific UAS technologies or Non-System Specific

Development (NSSD) and procedures after they have gone through the applied research phase.

There is a preference for technologies that have a Technology Readiness Level (TRL) of five (5), six (6), or seven (7); however, the agency reserves the right to consider others. TRL five through seven are defined as:

TRL 5: System/subsystem/component validation in relevant environment: Thorough testing of prototyping in representative environment. Basic technology elements integrated with reasonably realistic supporting elements. Prototyping implementations conform to target environment and interfaces.

TRL 6: System/subsystem model or prototyping demonstration in a relevant end-to-end environment (ground or airspace): Prototyping implementations on full-scale realistic problems. Partially integrated with existing systems. Limited documentation available.

Engineering feasibility fully demonstrated in actual system application.

TRL 7: System prototyping demonstration in an operational environment (ground or airspace): System prototyping demonstration in operational environment. System is at or near scale of the operational system, with most functions available for demonstration and test. Well integrated with collateral and ancillary systems. Limited documentation available.

11. This UAS BAA will support increasing the knowledge and/or understanding of the safety of

UAS, concepts of operations, and related navigation procedures before integration into the NAS.

Points of Contact

1. All submissions and technical questions or clarifications and questions relative to funding availability associated with this BAA are required to be sent via email to the Contracting Officer listed below. Any correspondence relative to this BAA must include the BAA# and associated Interest Topic#.

2. Contractual questions must be directed to Contracting Officer, Edward J Mitchell Jr, via e-mail to Edward.J.Mitchell@faa.gov.

SCOPE AND ESSENTIAL UAS INTEGRATION INTEREST

TOPICS

This part of the BAA contains statements of interest represented as Interest Topics from

AUS.

FAA LEGAL DISCLAIMER

Submissions in response to this project proposal must be strictly limited to Remote ID and other sources of FAA derived safety data. Remote ID is the capability of an unmanned aircraft or “drone” in flight to provide certain identification, location, and performance information that people on the ground and other airspace users can receive.

See 86 Fed. Reg. 4390 at 4391 (Final Rule for Remote Identification of Unmanned Aircraft). Consistent with 14 C.F.R. § 89.110 and § 89.115, compliance with Remote ID requirements (when not operating in an FAA-recognized identification area or FRIA) may be achieved by operating a standard Remote ID aircraft (i.e. an unmanned aircraft manufactured to broadcast identification, location, and performance information for both the unmanned aircraft and the control station), or by equipping an unmanned aircraft with a Remote ID broadcast module (i.e. a module that broadcasts identification, location, and performance information about the unmanned aircraft and its takeoff location), subject to the conditions outlined in the rule.

This project proposal excludes any research, development, testing, operation, or data collection involving UAS detection or mitigation (also commonly referred to as “counter- UAS”) systems, capabilities, or technologies. UAS detection capabilities are technically distinguishable from Remote ID compliant capabilities. For example, radio frequency (RF) based capabilities designed for the detection of UAS do not rely upon the unmanned aircraft, or a module installed on the unmanned aircraft, for broadcasting specific information to receivers. Rather, RF-based UAS detection systems may function by exploiting the communications transmitted between an unmanned aircraft and its ground control station in order to gain information about the flight and its operator. RF-based UAS detection activities that record, decode, capture, intercept, or interfere with UAS could implicate conflicting provisions of federal law, including but not limited to, the Pen/Trap Statute and the Wiretap Act. In addition, UAS mitigation/counter-UAS capabilities could implicate federal law, including but not limited to the Aircraft Sabotage Act. The FAA does not support the use of mitigation systems by any entities that do not have express authority from Congress. See, Advisory on the Application of Federal Laws to the Acquisition and Use of Technology to Detect and Mitigate Unmanned Aircraft Systems, Interagency Legal Advisory on UAS Detection and Mitigation Technologies (faa.gov).

UAS detection and/or mitigation capabilities are outside the scope of this project. Any proposals involving UAS detection and/or mitigation capabilities or data, as well as any https://www.faa.gov/sites/faa.gov/files/uas/resources/c_uas/Interagency_Legal_Advisory_on_UAS_Detection_and_Mitigation_Technologies.pdf https://www.faa.gov/sites/faa.gov/files/uas/resources/c_uas/Interagency_Legal_Advisory_on_UAS_Detection_and_Mitigation_Technologies.pdf other technologies that function in a similar manner, will be subject to further review by the FAA’s Office of the Chief Counsel and may be returned to the sponsor for further revision to ensure the proposal is within the scope of the FAA’s statutory authority and mission.

NOTE: When responding/inquiring on a specific Interest Topic, refer to the Interest Topic Number in all correspondence.

Interest Topic Number UAS001: Detect and Avoid Capability Detect and Avoid (DAA) capability provides for collision avoidance protection between the UAS and other users of the airspace, or other obstacles. These include, but are not limited to, manned aircraft, other UAS, birds, buildings/structures, and terrain. The FAA has moved away from prescriptive standards towards performance-based standards and encourages efforts to mature technology to support development of a Technical Standard Order, and that adheres to standards that are being developed by ASTM and RTCA for UAS DAA and surveillance systems; use of these standards and participation in their development is encouraged.

Interest Topic Number UAS002: Beyond-Visual-Line-of-Sight Operations Beyond Visual Line of Sight (BVLOS) refers to UAS operations where the UAS is not within Visual Line of Sight (VLOS) of the pilot. For small UAS, a waiver to part 107 is currently required for a UAS to operate beyond visual line of sight of its pilot, which limits the operational range of the UAS. The FAA has moved away from prescriptive standards towards performance-based standards and encourages efforts to mature technology to support a means of compliance for safe BVLOS operations that adhere to industry consensus standards.

Interest Topic Number UAS003: Operation of Multiple Small Unmanned Aircraft Systems This topic area supports control paradigms for multiple small UAS operations, including one to many (1:N) operations and many to many (m:N). There are human factors considerations that must be accounted for in the operation of multiple small UAS. For example, pilot attention divided across multiple aircraft could lead to degraded task performance, increased workload, increased response time, and an increase in the number and/or frequency of errors.

This may be compounded during off-nominal events. Some of these challenges may be mitigated by factors such as control station design, human-machine interface, alerts to the pilot, limitations on the number of aircraft handled by a pilot, or handoff procedures between pilots. The FAA encourages efforts that address human factors considerations and/or mitigations for multiple small UAS operations.

Interest Topic Number UAS004: Unmanned Aircraft Systems Traffic Management This topic supports obtaining data and information related to the implementation of Unmanned Aircraft Systems Traffic Management (UTM) services as defined by the FAA https://www.faa.gov/sites/faa.gov/files/2022-08/UTM_ConOps_v2.pdf

Concept of Operations v2.0. As indicated by this Concept of Operations, UTM will provide an equivalent set of services to UAS as Air Traffic Management (ATM) provides to existing aviation operations. The FAA encourages efforts that address topics including the demonstration/validation of systems, concepts, and/or procedures related to or enabling traffic management, and flow and capacity management for UAS.

Interest Topic Number UAS005: Improvement of Privacy Protections Through the Use of Advances in UAS Technology (Refer to FAA Legal Disclaimer at the beginning of this section.) Advances in UAS technologies are tailored towards operations that could affect privacy, safety, and security.

Privacy factors with UAS are more related to continuing to ensure privacy protections. In addition to demonstration and/or validation of privacy protections, the FAA encourages efforts that demonstrate and/or validate technology that may address public acceptance of UAS to include impacts of UAS operations on communities and environmental issues.

Interest Topic Number UAS006: Command & Control (C2) Command and control (C2) provide the remote pilot in command (RPIC) with a reliable link to and from the UAS. This allows the RPIC to maintain positive control over the UAS, and for the UAS to send any relevant data to the RPIC, including system health or identification of any collision threats. This includes, but is not limited to, Control Non-Payload Communication (CNPC) as well as links over C-Band, L-Band, satellite, and cellular. The FAA has moved away from prescriptive standards towards performance-based standards and encourages efforts to mature technology that adheres to industry consensus standards; use of these standards and participation in their development is encouraged.

Interest Topic Number UAS007: Other Critical Priorities This includes other areas that could be considered critical to the integration of UAS into the NAS beyond topics already covered in the BAA. The FAA encourages efforts and advancements that progress the safe and efficient integration of UAS in the NAS in the areas of:

• Emerging Vehicle Technologies

• Human Factors Considerations

• Infrastructure

• Autonomy, Artificial Intelligence, and/or Machine Learning

• Disaster Preparedness and Emergency Response

• Standards Development

• Community Engagement and Acceptance

• Operational Enablers including Data Collection and Reporting https://www.faa.gov/sites/faa.gov/files/2022-08/UTM_ConOps_v2.pdf

WHITEPAPER AND PROPOSAL INFORMATION

General Whitepaper and Proposal Information

1. In accordance with this BAA, the primary basis for funding selection will be determined by technical merit, importance to mission/agency programs, and availability of funding.

Therefore, those contemplating submission of a whitepaper without a specific Call identified, are highly encouraged to contact the Contracting Officer to ascertain the level of interest and available funding for the intended effort. The BAA process is designed to limit potential Offeror and Government expenditure of efforts and resources to prepare and review whitepapers (and potentially proposals) for projects that may have little or no opportunity to be funded.

2. To be eligible for award of a contract, prospective Offerors, must meet certain minimum standards pertaining to financial resources, adequacy of accounting systems, ability to comply with performance schedules, records of past performance, integrity, organizational structure, experience, operational controls, technical skills, and facilities and equipment.

3. AMS Guidance T3.1.5 “Conflict of Interest” and AMS Policy 3.1.7 “Conflicts of Interest” apply to this BAA. If a prospective Offeror believes a potential conflict of interest may exist, the situation must be brought to the attention of the Contracting Officer before expending time and effort in whitepaper or proposal preparation.

4. Offerors that include data within the whitepapers or proposals to which they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes by AUS, must be specifically identified in the summary whitepaper and/or proposal and marked as proprietary.

Whitepaper Preparation, Submission, and Evaluation

1. Preparation:

a. In preparing Whitepapers, the focus must be on the experimentation directed toward advancing the state-of-the-art or increasing knowledge or understanding of technologies that the FAA considers essential to the safe integration of UAS in the NAS. It should include all the information specified in this announcement in order to avoid delays in evaluation. Offerors are advised that the quality of the information presented in the whitepaper is significantly more important than the quantity.

b. Format: Whitepapers must be electronically submitted, must not exceed four (4) pages in length (single sided, single-spaced, Times Roman 12-size font), and must state the topic number under which they are being submitted. The 4 pages does not include the cover page, TRL Calculation Spreadsheet or rough-order-of-magnitude (ROM) of costs.

c. The Whitepaper must address the following:

i. A high-level description of the concept, technology, or product; answer the following questions:

1. What are you trying to do? Articulate your objectives using absolutely no jargon. Also,

a. What is your Technology Readiness Level?

b. Can the technology be matured sufficiently to meet a

Technology Readiness Level (TRL) of 6-8 after 12 months of effort?

c. Is the proposed technology leveraged from commercial and/ or other government programs?

d. Do you currently have prototype technology in place?

2. How is it done today, and what are the limitations of current practice?

3. What is new in your approach and why do you think it will be successful?

4. Who will benefit from this work? If you are successful, what difference will it make?

5. What are the expected deliverables?

6. What are the risks?

7. How long will it take?

8. What is the intended operational authority? What waivers and / or exemptions are required to test the prototype?

9. What are the mid-term and final “exams” to check for success?

ii. Estimated cost of effort submitted as a Rough Order of Magnitude (ROM).

The ROM cost consists of the total cost plus profit/fee, if applicable. A ROM is a best guess, good faith estimate of the anticipated cost of the effort. The ROM should be consistent with any dollar value or ranges, if any, specified in the announcement, as well as the level of work being proposed.

2. Submission:

a. Under the two-step BAA process, Offerors will be required to first submit a whitepaper for preliminary consideration. Offerors that submit a proposal without first submitting a whitepaper may be ineligible for award, unless otherwise specified in a specific Call.

b. Whitepapers must be submitted via email to the Contracting Officer.

3. Whitepaper Review:

The FAA reserves the rights to extend response time or not respond based on the amount of WP submittals. The FAA may respond by requesting a technical and/or cost proposal based on the merits of the whitepaper and availability of funding. Whitepapers will be reviewed for applicability and potential value to FAA AUS mission. Technical representatives from AUS will review submitted whitepapers to determine overall technical merit, importance to mission/agency programs, and availability of funding. Whitepapers considered not to have sufficient merit or relevance to the understanding technologies that the FAA considers essential to the safe integration of UAS in the NAS, or in areas for which funds are not expected to be available, or for other reasons in the best interests of the FAA may be declined without further review.

Proposal Preparation, Submission, and Evaluation

NOTE: The guidance presented below is general in nature. A Request for Proposal (RFP) against an approved Whitepaper will provide specific details and instructions regarding proposal submission requirements. It is incumbent upon an Offeror to ensure that it complies with the instructions of a specific RFP.

1. Preparation:

a. In preparing a proposal, it is important that the Offeror focus on enhancing information provided in the accepted whitepaper. It is incumbent upon an Offeror to ensure that it complies with the instructions of a specific RFP. Offerors are advised that the quality of the information presented in the proposal is significantly more important than the quantity.

b. Proposals must reference the Interest Topic number identified in Section II above and must be valid for at least 180 days.

c. The technical and cost aspects of an Offeror’s submission will be evaluated at the same time. Proposals must be separated into two volumes, Volume I – Technical and Volume II – Cost/Price.

Offerors Volume I is limited to 25 pages, size 12 Times New Roman font. Volume II has no page limit.

Both the Volume I Technical and Volume II Cost/Price volumes must be provided for the proposal to be considered. The proposal is the only vehicle available to the Offeror for receiving consideration for award. The proposal must stand on its own merit; only information provided in the proposal will be used in the evaluation process leading to an award. The proposal should be prepared simply and economically, providing straightforward, concise delineation of capabilities necessary to perform the proposed work.

d. Format: The proposal must include the following, as applicable:

i. Cover Page: On your organization’s letterhead stationery, provide the following:

1. Legal name and address of your organization

2. Cage Code and Unique Entity ID (UEI)

3. Type of organization (e.g., Large Business, Small Business, Small

Disadvantaged Business, etc.)

4. Place of performance

5. Interest Topic number that proposal is being submitted in response to as well as a summary of the project

6. Title of the proposed effort

7. Period of performance

8. Estimated Cost/Price

9. Type of contract proposed Firm Fixed Price

10. Name and title of the applicant Technical Point of Contact.

11. Name, title, and signature of an official authorized to legally bind the organization

ii. Volume I – Technical:

The Technical Volume must include, but is not limited to a discussion of the following areas:

1. A detailed background, discussion, and/or description of the work proposed. An indication that the Offeror understands the Interest Topic area should be exhibited.

2. A clear, concise definition of the work effort objectives and the approach(es) (tasks) to meet them.

3. A discussion which details the feasibility and the methodology of the proposed approach(s) and identifies the level of effort to be employed.

Technical uncertainties must be identified. If conducting flight test(s), provide metrics in number of encounters, hours, number of take offs and landings, etc. format.

4. Proposed innovative approaches, unique capabilities, and/or specialized experience should be identified.

5. A statement of work (SOW) and a basic approach to be utilized in the effort. This should be unclassified and non-proprietary in nature. The SOW must include milestones, tasks, and deliverables with respective due dates. Suggested framework should include:

a. Background

b. Tasks

c. Milestones

d. Schedule

e. Period of Performance

f. Place of performance

g. Travel & Other Direct Costs

h. Labor Categories

i. Deliverables

j. Operational Flight Authority

k. Payment Schedule

In addition, this Volume must include a discussion of the following areas:

6. Program Management The program management portion must include, but is not limited to:

i. Discussion of the areas of personnel, facilities (including flight test location(s)), management, organizational structure organization, schedule, tasks, milestones, and deliverables proposed.

ii. Resumes of key personnel (if applicable), including the name and resume of the Principal Investigator.

iii. Identification of any potential organizational conflicts of interest, including any prior federal employment of the proposed personnel within two years from the date of proposal submission. If there are no such potential conflicts of interest, this must be so noted in the proposal.

iv. In the event organizational or personal conflicts of interest are identified, a mitigation plan must be submitted as part of the Offeror’s proposal.

7. Government Furnished Property If Government Furnished Property is required for completion of a specified project, it must be identified within an Offerors proposal.

8. Subcontracting Plan If the amount of the proposal exceeds $750,000 and the Offeror is other than a small business concern, the Offeror must agree to prepare and must submit and negotiate for incorporation into the contract, a plan for subcontracting to small disadvantaged businesses for participation in the effort. A subcontracting plan is not required for an OTA; however, if a teaming agreement is contemplated, the Offeror must provide a copy of the agreement specifying each sub-contractor's responsibility.

9. Past Performance The Offeror must provide past performance information for the same or similar work. Each referenced contract for the past performance section must contain contract numbers, Government points of contact, dollar amounts, period of performance, and services provided.

10. Intellectual Property Provide a good faith representation that you either own or possess appropriate licensing rights to all other intellectual property that will be utilized under your proposal. Additionally, Offerors must provide a short summary for each item asserted with less than unlimited rights that describes the nature of the restriction and the intended use of the intellectual property in the conduct of the proposed essential UAS integration interest effort.

11. Noncommercial Items (Technical Data and Computer Software) Offerors must deliver all software developed under this effort, including but not limited to waveform code, VHDL code, Modeling and Simulation Basis, and Test Software, including both source and executable codes.

Unlimited rights are desired.

Offerors responding to this BAA, must identify all noncommercial technical data, and noncommercial computer software that it plans to generate, develop, and/or deliver under any proposed award instrument in which the Government will acquire less than unlimited rights, and to assert specific restrictions on those deliverables. In the event that Offerors do not submit the list, the Government will assume that it automatically has “unlimited rights” to all noncommercial technical data and noncommercial computer software generated, developed, and/or delivered under any award instrument, unless it is substantiated that development of the noncommercial technical data and noncommercial computer software occurred with mixed funding. Offerors are advised that the Government will use the list during the source selection evaluation process to evaluate the impact of any identified restrictions, and may request additional information from the proposer, as may be necessary, to evaluate the Offeror’s assertions. If no restrictions are intended, then the proposer should state “NONE.”

A sample list for complying with this request is as follows:

NONCOMMERCIAL

Technical Data

Computer Software To be Furnished with

Restrictions

Basis for Assertion

Asserted Rights Category

Name of Person Asserting

Restrictions

(LIST) (LIST) (LIST) (LIST)

12. Commercial Items (Technical Data and Computer Software)

Offerors responding to this BAA, must identify all commercial technical data and commercial computer software that may be embedded in any noncommercial deliverables contemplated under the essential UAS integration interest effort, along with any applicable restrictions on the Government’s use of such commercial technical data and/or commercial computer software. In the event that Offerors do not submit the list, the Government will assume that there are no restrictions on the Government’s use of such commercial items. The Government may use the list during the source selection evaluation process to evaluate the impact of any identified restrictions, and may request additional information from the Offeror, as may be necessary, to evaluate the Offeror assertions. If no restrictions are intended, then the proposer should state

“NONE.”

A sample list for complying with this request is as follows:

COMMERCIAL

Technical Data Computer Software To be Furnished with Restrictions

Basis for Assertion

Asserted Rights Category

Name of Person Asserting Restrictions

(LIST) (LIST) (LIST) (LIST)

13. Patents Include documentation proving your ownership of or possession of appropriate licensing rights to all patented inventions (or inventions for which a patent application has been filed) that will be utilized under your proposal. If a patent application has been filed for an invention that your proposal utilizes, but the application has not yet been made publicly available and contains proprietary information, you may provide only the patent number, inventor name(s), assignee names (if any), filing date, filing date of any related provisional application, and a summary of the patent title, together with either: 1) a representation that you own the invention, or 2) proof of possession of appropriate licensing rights in the invention.

14. Intellectual Property Representations:

Provide a good faith representation that you either own or possess appropriate licensing rights to all other intellectual property that will be utilized under your proposal. Additionally, Offerors must provide a short summary for each item asserted with less than unlimited rights that describes the nature of the restriction and the intended use of the intellectual property in the conduct of the proposed essential UAS integration interest effort.

iii. Volume II – Cost/Price

The Offeror’s Cost/Price proposal must be prepared in a clear and concise manner that accurately reflects the Offeror’s Cost/Price estimate for accomplishing the proposed technical effort. Cost/Price data must include all costs expected during the performance of the contract. All details, broken down by cost element, must be prepared for each major task along with a supporting rationale. All cost data is subject to Government evaluation and verification.

The Cost/Price proposal must include, at a minimum, the following elements of cost/price for the proposed effort:

i. Direct Labor: The labor category, number of hours, direct labor rate per hour for each labor category, and total labor hours and cost for each labor category

ii. Materials: An itemized listing of material requirements. Unless otherwise specified, all materials purchased for performance of the effort are to be delivered to the Government upon completion/termination of the contract.

iii. Travel: Estimated travel expenditures for project completion. Estimated travel must be broken down at a minimum, as follows: by trip (origin/ destination, # of persons traveling, type of transportation and cost, lodging, # of nights, car rental, etc.).

iv. Other Direct Costs: Costs associated with laboratory usage, computer usage, reproduction, etc.

v. Costs for Consultants: The number of hours and total costs must be indicated as well as the nature and scope of the service furnished by any consultant. State the reason(s) why a consultant was required to complete the effort.

vi. Cost for Subcontractors: A breakdown of the subcontract amount by cost element and fee must be shown to fully evaluate the proposal.

vii. Indirect Labor Cost: Any indirect costs associated with the proposed project, for example, overhead and general administrative rates. Indirect cost must indicate whether the rates used are fixed or provisional. Also indicate the time frames to which the rates are applicable.

viii. If Forward Pricing Rate Agreements of Provisional Billing rates approved by the Defense Contract Audit Agency or the Defense Contract Management Agency are available in support of any proposed direct or indirect rates, submission of such documentation is required.

ix. Funding Profile: Contracts awarded under this BAA may be either fully or incrementally funded. Offeror should provide a milestone payment schedule detailed within the proposal. This includes, but is not limited to notice of planned expenditures by calendar quarters, milestones, etc. as well as, cost matching if applicable.

x. Total Cost/Price: Total Cost/Price of all cost elements referenced above (i-ix.

2. Submission:

Proposals must be submitted via email to the respective the Contracting Officer. The Offeror must also adhere to any additional or detailed submission instructions included in the Call posted on https://sam.gov/opp/b4ad8d3812474faab6e518c73c564f10/view website.

3. Evaluation:

Proposals will be reviewed by technical representatives from the AUS organization or respective government subject matter experts from the UAS field.

Offerors are advised, that the FAA may utilize contractor support during the evaluation of proposals under this BAA. While they will be involved in supporting the FAA during the evaluation process, the responsibility for selection of proposals for award exclusively remains with the FAA.

Proposals will not be evaluated against other proposals. Awards will be made based on the technical merit and relevance of the specific proposal as it relates to overall UAS program needs.

a. The following technical criteria will be utilized when reviewing proposals received:

• Overall scientific and technical merit,

• Contributions that the Technology has to the FAA and safe integration of

UAS into the NAS FAA designated UAS test sites,

• Offeror’s capabilities,

• Past Performance,

• Key Personnel.

i. Overall Scientific and Technical Merit. The scientific and/or technical merits of the proposal and its relevance to the area of interest addressed, including how the proposal meets the AMS requirements for scientific study and experimentation directed toward advancing the state-of-the-art or increasing knowledge or understanding, rather than focusing on a specific system or hardware solution.

This includes the approach proposed to accomplish the scientific and technical objective or the merit of the ideas or concepts proposed, and pertinent novel ideas in the specific branch of science and technology involved. It should demonstrate the Offerors understanding of the scope of the work. This is the most important criteria for the UASIO in determining projects for selection of an award under this

BAA.

ii. Contribution of Technology. The potential contributions of the effort to the mission of integrating UASs into the NAS and the extent to which the effort will contribute to the overall goals of the UASIO’s technology programs.

iii. Offeror Capability. The Offeror’s capabilities, related experience, facilities

(research, test, laboratories, or shop facilities), techniques, or unique combinations of these which are integral factors for achieving the proposal objective.

iv. Past Performance. An Offeror’s past performance will be used to evaluate the likelihood of success on this BAA. The government reserves the right to use self-submitted past performance data, questionnaires, or the Contractor Performance Assessment Reporting System (CPARS), systems to evaluate an Offeror’s past performance. The reviewers will also consider a record of accomplishment in specific topic areas, including patents and publications.

v. Key Personnel (if applicable). The qualifications, experience and availability of the proposed principal investigator, team leader and other key personnel who are critical to achievement of the proposed objectives.

b. The following is provided relative to the evaluation of the Cost/Price Proposal:

The proposed Cost/Price will be considered in the overall evaluation. The Government will analyze each Offeror’s cost and pricing information in terms of completeness, reasonableness, and realism, magnitude, and affordability, as applicable. The evaluation will determine what the Government can reasonably expect to pay for the proposed effort, the Offeror’s understanding of the work, and the Offeror’s ability to perform the contract. Included in this evaluation will be the impact of the Intellectual Property rights asserted in the proposal to the total cost to the FAA.

Once the evaluation is complete, the Offeror will be notified about whether the proposal received a favorable or unfavorable evaluation. The FAA is not obligated to provide a justification or answer any questions about the reasoning for determining whether a proposal was rated favorable or unfavorable. The FAA may engage with an Offeror to provide feedback on the proposal, if the FAA determines that providing feedback is in the best interest of the Agency and U.S. Government interests.

Should an Offeror receive a favorable evaluation of their proposal, the Offeror will be contacted by the Contracting Officer to begin negotiations and/or provide any additional information that will be necessary to move towards the award of either a contract or agreement to provide the materials or services proposed. This additional information may include, but is not limited to the information presented in section IV.

Entering negotiations is not a guarantee of an eventual award. The FAA will negotiate in good faith, but the Agency’s requirements may not be acceptable to the Offeror. Should that come to pass the Contracting Officer will provide formal notice to the Offeror that negotiations are complete and no award will be forthcoming.

OTHER PERTINENT INFORMATION

Certificate of Current Cost and Pricing Data If the Contracting Officer requires the submission of certified cost or pricing data, upon completion of negotiations and agreement of contract price, in association with cost and pricing data submitted, the Offerors must submit a Certificate of Current Cost or Pricing Data. A Certificate of Current Cost or Pricing Data does not apply if an Other Transaction Agreement is being contemplated.

Type of Contract Selection of the type of contract is based upon various factors, such as the type of work to be performed, the contractor's experience in maintaining cost records, and the ability to detail and allocate proposed costs and performance of the work. Any contract awards resulting from this BAA will incorporate the most current AMS clauses.

The Government intends to award Firm Fixed Price (FFP) type contracts in response to efforts awarded against this BAA. However, an Offeror may propose alternate contract types or other transaction type agreements providing that the alternative is supported in the proposal. Also, the Government reserves the right to select the contract type at time of RFP.

Awards With the submittal of all required information as described herein and the favorable evaluation of your proposal, the Government may unilaterally make award; therefore, it is in the Offeror’s best interest to review all requirements listed within. Performance after the receipt of an award signed by the Contracting Officer indicates your full acceptance of all terms and conditions within the award. Awards will consist of all applicable AMS clauses and contracts will be in accordance with the Uniform Contract Format (UCF).

Restrictive Marking on Proposals Notwithstanding FAA AMS policy, if information contained in the proposal is in the public domain or cannot be protected under law as trade secret (e.g., a patent application), the FAA will not accept liability for failure to safeguard it against open disclosure. If an Offeror wishes to restrict the proposal, the Offeror should mark the title page with the following legend: “This data shall not be disclosed outside the Government and shall not be duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the proposal; provided that if a contract is awarded to this BAA responder 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 provided in the contract. This restriction does not limit the Government’s right to use information contained in the proposal if it obtained from another source without restriction. The data subject to this restriction is contained on page.”

Representations and Certifications The vendor must complete and submit Certifications and Representations via the System for Award Management (SAM) website at https://www.sam.gov. Vendors attest that at the time of their proposal submissions, their SAM record is current, accurate, and complete.