Attachment C - Warranties and Representatives.docx

Attachment B - Warranties and Representations

Warranties and Representations Authority to use Other Transaction Agreement

10 U.S.C. 2371b authorizes Department of Defense organizations to carry out prototype projects that are directly relevant to enhancing the mission effectiveness of military personnel and the supporting platforms, systems, components, or materials proposed to be acquired or developed by the Department of Defense, or to improvement of platforms, systems, components, or materials in use by the armed forces. To use this authority for an agreement resulting from this RPP, one of the following conditions must be met:

(A) There is at least one nontraditional defense contractor participating to a significant extent in the prototype project.

(B) All significant participants in the transaction other than the Federal Government are small businesses or nontraditional defense contractors.

(C) At least one third of the total cost of the prototype project is to be paid out of funds provided by parties to the transaction other than the Federal Government.

[Enter Offeror name] hereby provides the following Warranties and Representations:

1. Prime Offeror:

The Prime Offeror (Enter Offeror name) for the proposed prototype (check one)

□ is

□ is not a nontraditional defense contractor based on the following definition:

A nontraditional defense contractor is a business unit that has not, for a period of at least one year prior to the issue date of the Request for Prototype Proposal, entered into or performed on any contract or subcontract for the Department of Defense that is subject to full coverage under the cost accounting standards (CAS) prescribed pursuant to 41 U.S.C. 1502 and the regulations implementing such section.

Note: Nontraditional defense contractors can be at the prime level, team members, subcontractors, lower tier vendors, or "intra-company" business units; provided the business unit makes a significant contribution to the prototype project (i.e., is a key participant).

If the prime Offeror is a traditional defense contractor and proposes the use of one or more nontraditional defense contractors, the following information is required for each participating nontraditional defense contractor. This information is not required if the prime Offeror is a nontraditional defense contractor.

Legal Name of Nontraditional Defense Contractor:

DUNS #:

Address:

Point of Contact (Name, Title, Phone #, Email):

1. Please select at least one or more of the options listed below that will be provided by the nontraditional defense contractor cited above:

A - The designated nontraditional defense contractor will supply a new key technology, product or process. Please describe what the key technology is; why it is key to the medical technology community, and what makes it key.

B - The participation involves supplying a novel application or approach to an existing technology, product or process. Please describe the novel application or approach.

C - The participation involves providing a material increase in the performance, efficiency, quality or versatility of a key technology, product or process. Please describe the specific material increase(s) in the performance, efficiency, quality or versatility of key technology, product(s) or process(es).

D - The designated nontraditional defense contractor will accomplish a significant amount of the prototype project. Please describe the specific cost or schedule impact to be realized

E - The participation of this designated nontraditional defense contractor will cause a material reduction in the cost or schedule. Please describe the specific cost or schedule impact to be realized.

F - The participation of this designated nontraditional defense contractor will provide for a material increase in performance of the prototype project. Please describe the performance increase that will be attained by the use of this designated nontraditional defense contractor.

1. In addition to the above please provide the following information:

A1

A2

A3

(End of Attachment B)