B08-HT942726RE009-RPP-AttachC-Warranties-and-Representations.docx

DOCX document 38 KB Posted

Attached to
Battlefield Pain Management – Analgesic
Solicitation number
HT942726RE009
Issued by
Not on record

About this file

This is an attachment to a Request for Prototype Proposal (RPP) establishing warranties and representations requirements for offerors responding to a Defense Health Agency solicitation for Battlefield Pain Management – Analgesic products under Other Transaction Authority (10 U.S.C. 4022). The document serves as a template for offerors to certify their contractor status and document participation of nontraditional defense contractors or non-profit research institutes required to satisfy the statutory conditions for using prototype OTA authority.

Offerors must declare whether the prime contractor qualifies as a nontraditional defense contractor, defined as a business unit that has not performed on any DoD contract subject to full cost accounting standards coverage during the twelve months preceding the RPP issue date. If the prime is a traditional defense contractor, the proposal must identify each participating nontraditional defense contractor and provide their legal name, DUNS number, address, and point of contact information. For each nontraditional participant, offerors must document the significant contribution category (new key technology, novel application, performance improvement, cost/schedule reduction, or performance enhancement) and provide supplemental information detailing additional capabilities, task assignments, and total estimated costs associated with that participant. This certification structure ensures compliance with the statutory requirements that either nontraditional defense contractors participate significantly, all significant participants are small businesses or nontraditional contractors, or at least one-third of project costs are funded by non-federal sources.

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Warranties and Representations Authority to use Other Transaction Agreement 10 U.S.C. 4022 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 or one non-profit research institute 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).

Attachment C

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 significant contribution(s) listed below that will be provided by the Nontraditional defense contractor cited above:

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

C - The significant contribution 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 use of this designated non-traditional will cause a material reduction in the cost or schedule. Please describe the specific cost or schedule impact to be realized.

E - The use of this designated non-traditional 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

2 In addition to the above please provide the following information:

Q1
What additional capability beyond those described in A through E above does this

Nontraditional defense contractor have that is necessary for this specific effort?

A1

Q2
In which task/phase(s) of the effort will the Nontraditional defense contractor be used?

A2

Q3
What is the total estimated cost associated with the Nontraditional defense contractor

included in the proposal? Note: While cost is an indicator for the level of Nontraditional defense contractor participation, there is no particular cost threshold required.

A3

Signature of authorized representative of prime Offeror Date

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