BAA-03-05-PRKAmend05.doc

BAA 03-05-PRK AMENDMENT 05

BROAD AGENCY ANNOUNCEMENT (BAA) NUMBER

BAA 03-05-PRK

POWER AND THERMAL TECHNOLOGIES FOR AIR AND SPACE (PTTAS)

AMENDMENT 05 AND

CALL FOR PROPOSALS

CURRENT CALL TITLE: POWER DENSE SOLID OXIDE FUEL CELL POWER UNITS FOR MILITARY APPLICATIONS TECHNICAL POC: The technical POC for this call is: Thomas Reitz, AFRL/PRPS, Phone (937) 255-4275, e-mail: Thomas.reitz@wpafb.af.mil; USPS mail address: AFRL/PRPS, 1950 Fifth Street, Bldg. 18, WPAFB, OH 45433 or Michael Berels, TARDEC, Phone (586) 574-4254, e-mail: beresm@tacom.army.mil; USPS mail address: TARDEC, 6501 East Eleven Mile Road, AMSRD-TAR-R/MS 121, Warren, MI 48397-5000.

CONTRACTING POC: Chris Lay, Contract Negotiator, AFRL/PKPA, (937) 255-8077, e-mail: christina.lay@wpafb.af.mil; USPS mail address: AFRL/PKPA, Bldg 167, 2310 8th St., Wright-Patterson AFB, OH 45433-7801 or Susan Day, Contracting Officer, AFRL/PKPA, (937) 255-5499, e-mail: susan.day@wpafb.af.mil; USPS mail address: AFRL/PKPA, Bldg 167, 2310 8th St., Wright-Patterson AFB, OH 45433-7801.

PROPOSAL DUE DATE AND TIME: 21 July 2005kk, 3:00 P.M. Eastern Daylight Time.

****NOTICE:***** Proposals received after the due date and time shall be governed by the provisions of FAR 52.215-1(c)(3).

Proposals should be submitted only to the following Contracting Point of Contact (POC) : Chris Lay, AFRL/PKPA, Bldg 167, 2310 8th St., Wright-Patterson AFB, OH 45433-7801. Proposals may NOT be submitted electronically. Any proposals received electronically will be rejected.

Note: Intent to Propose: Offerors that anticipate submitting a proposal are requested to submit an e-mail to Chris Lay, Contract Negotiator, at Christina.Lay@wpafb.af.mil containing the name of the contractor, the POC, and the contractor’s intent to submit a proposal. This “intent to Propose” is requested by 27 June 2005, 3:00 P.M. EDT.

PART 1:

INTRODUCTION:

The Power Division (AFRL/PRP) of the Air Force Research Laboratory Propulsion Directorate is currently soliciting proposals under Broad Agency Announcement (BAA) 03-05-PRK in the area of Power Generation Technologies. This call (Amendment 05) is seeking proposals for “Power Dense Solid Oxide Fuel Cell Power Units for Military Applications”. Details for the technical aspects of this call are contained in PART 5 of this Amendment Detailed information on the over arching Power and Thermal Technologies for Air and Space (PTTAS) program is provided in the initial BAA announcement. The initial solicitation and subsequent amendments also provide detailed information and instructions concerning award information, proposal preparation instructions, data requirements, basis for award, and evaluation category definitions. Interested offerors may view and/or download the full text of the BAA 03-05-PRK with all amendments by accessing the Federal Business Opportunities (FedBizOpps) homepage at http://www.eps.gov/ Offerors are notified that BAA-03-05-PRK “Introduction” Section A through Section E, Part 2 “Contract Date Requirements List” (CDRL) and Part 4 “Proposal Evaluation Category Definitions” govern this call for proposals. Changes to any part of the foregoing are identified in this amendment. Accordingly; offerors are strongly encouraged to review the entire solicitation, including all amendments, prior to preparing and submitting a proposal for the current call.

This Amendment revises Part 1, Introduction, of the Initial Announcement by deleting the seventh (7th) paragraph in its entirety. The PIXS web page no longer contains information on this BAA. Potential offerors can only access the Basic Announcement and previous amendments at the Fed Biz Opps homepage (http://www.eps.gov).

SECTION A—Paragraph 4-Other Requirements

1. -Replace subparagraph I (Amendment 02) entitled “Item Identification and Valuation” with the following:

I. Item Identification and Valuation Any contract award resulting from this solicitation may contain the clause at DFARS 252.211-7003, Item Identification and Valuation, (APR 2005) which requires unique item identification and valuation of any deliverable item for which the Government’s unit acquisition cost is $5,000 or more; subassemblies, components, and parts embedded within an item valued at $5,000 or more; or items for which the Government’s unit acquisition cost is less than $5,000 when determined necessary by the requiring activity for serially managed, mission essential, or controlled inventory. Also included are any DoD serially managed subassembly, component, or part embedded within a delivered item and the parent item that contains the embedded Subassembly, component, or part. Per DFARS 211.274-3 Policy for Valuation, it is DoD policy that contractors shall be required to identify the Government’s unit acquisition cost for all items delivered, even if none of the criteria for placing a unique item identification mark applies. Therefore, your proposal must clearly break out the unit acquisition cost for any deliverable items. Per DFARS 211.274-3 Policy for Valuation, “The Government’s unit acquisition cost is the Contractor’s estimated fully burdened unit cost at time of delivery to the Government for cost type or undefinitized line, subline, or exhibit line items” (Per DoD, “fully burdened unit costs” to the Government would include all direct, indirect, G&A costs, and an appropriate portion of fee.). If you have questions regarding the Unique Item Identification requirements, please contact the Contracting Point of Contact listed above. For more information, see the following website: http://www.acq.osd.mil/uid.

********** NOTE:********** Item Identification and Valuation does NOT apply to Assistance Instruments. Offerors proposing a Cooperative Agreement for this call do not need to separately price the deliverable hardware.

2. Add subparagraph J.- On-line Representations and Certifications Application (ORCA)

J. On-Line Representations and Certifications Application (ORCA) Potential offerors are notified that effective 01 Jan 2005 to be eligible for an award, they must submit annual Electronic Representations and Certifications, otherwise known as On-line Representations and Certifications Application (ORCA) via the Business Partner Network (BPN) at http://www.bpn.gov/orca. These FAR level representations and certifications are required in addition to the representations and certifications specific to this acquisition. Before submitting the Electronic Representations and Certifications, contractors must be registered in the Central Contractor Registration (CCR) Database. On-line registration instructions can be accessed from the Wright Research Site Contracting Office home page at http://www.wrs.afrl.af.mil/contract/ or the DISA CCR home page at http://www.ccr.gov/

SECTION D- BASIS FOR AWARD

1. Paragraph a.(1) of the Technical Evaluation Criteria for CPFF contracts, CR contracts and Assistance Instruments, IS MODIFIED FOR THIS CALL ONLY to read: The proposal must reflect a new and creative solution that clearly demonstrates technical or scientific merit and be highly relevant to Air Force and Army needs.

2. All other Technical Evaluation Criteria listed in Section D, paragraph a. of the initial announcement apply to this call.

PART 4 PROPOSAL EVALUATION CATEGORY DEFINITIONS

1. Part 4, Proposal Evaluation Category Definitions is replaced in its entirety with the following:

i. Category I: Well conceived scientifically and technically sound proposals pertinent to program goals and objectives, and offered by a responsible contractor with the competent scientific and technical staff and supporting resources needed to ensure satisfactory program results. Proposals in Category I are recommended for acceptance subject to funding constraints.

ii. Category II: Proposals not technically sound or do not meet agency needs.

Broad Agency Announcement (BAA)

BAA-03-05-PRK AMENDMENT 05

Part 5 – CURRENT SOLICITATION TOPIC

PROGRAM TITLE: Power Dense Solid Oxide Fuel Cell Power Units for Military Applications Program ANTICIPATED AWARD DATE: 30 September 2005 TYPE OF AWARD: The Air Force anticipates award of a Cooperative Agreement (Assistance Instrument). Offerors are highly encouraged to propose a cost sharing arrangement. A sample Cooperative Agreement is available from the Contracting POC upon request. The Air Force reserves the right to award a contract or assistance instrument.

NUMBER OF AWARDS: The Government anticipates making one award. The Government reserves the right to select for award any, all, part or none of the proposals received.

PROPOSAL PREPARATION INSTRUCTIONS: All proposals must be prepared in accordance with the Proposal Preparation Instructions contained in Part I - Section C of solicitation BAA 03-05-PRK available at the Fed Biz Ops website http://www1.eps.gov/spg/USAF/AFMC/AFRLWRS/BAA%2D03%2D05%2DPRK/listing.html.

WIDE AREA WORK FLOW: There is currently no implementation of Wide Area Work Flow for Assistance Instruments (Cooperative Agreements). Offerors proposing a contract should review Amendment 04 of this BAA for further information.

RELATED IR&D: Offerors shall identify any independent research and development programs conducted within the last three years in the technical areas of this solicitation. The significant results of such programs should be presented in the proposals. Include this information in the technical/management volume of your proposal.

SMALL AND DISADVANTAGED BUSINESS SUBCONTRACTING PLAN:

(1) A Small and Disadvantaged Business Subcontracting Plan is NOT required for offerors submitting proposals for a Cooperative Agreement.

(2) Offerors submitting proposals for contacts are notified that in accordance with Federal Acquisition Regulation (FAR) 19.702, any contract that is expected to exceed $500,000 and that has subcontracting possibilities requires a subcontracting plan. Proposed subcontracting plan must be submitted with the offeror’s proposal. Small business concerns are exempt from this requirement (FAR 19-702(b)).

REPS AND CERTS PACKAGES: A completed representations and certifications package must be included with submission of your proposal. Representations and certifications for assistance instruments for submission with your proposal are provided with this BAA Amendment. Do not utilize the representations and certifications provided with the open ended BAA.

***NOTE***Offerors proposing a contract must comply with ORCA requirements and must submit the additional Reps & Certs Package for contracts included in this BAA Amendment.

STATEMENT OF OBJECTIVES:

The objective of this effort is to develop a 1.5 kW nominal solid oxide fuel cell power unit capable of continued operation on desulfurized JP8 fuel. Currently USAF requirements specify power system operation not greater than 500 hours, but the offerors must demonstrate a path forward that the proposed concepts will meet high endurance goals. The army currently requires 10-20 kW of power in auxiliary power units. The offerors must demonstrate that a feasible approach exists for scaling the technology to meet Army objectives. Additionally, cycle times and durability during operation (including the prevention of leaks) of the SOFC unit must be addressed. Mission parameters dictate that approximately 50 hours of operation per refuel is desired. Performance objectives based upon a 50 hour/refuel mission are tabulated below.

PERIOD OF PERFORMANCE:

Technical Effort Complete: Twenty-six (26)

Months After Effective Date of

Award

Final Report Due:

Sixty Days After Completion of Technical Effort (Cooperative Agreement); Four Months After Completion of Technical

Effort (Contract)

ANTICIPATED FUNDING:

The funding profile shown below reflects the anticipated funding for the Power Dense Solid Oxide Fuel Cell Power Units for Military Applications Program. This funding profile is an estimate only and is not a promise of funding. Funding is uncertain and is subject to change. Changes in availability may occur as a result of the exercise of Government discretion and availability.

Funding in ($M)

COST SHARING:

Based on the potential for commercial application of this technology, cost sharing is strongly encouraged.

DELIVERABLE ITEMS:

Reports for Cooperative Agreement: Annual Program Plan, Quarterly Interim Performance and Financial Reports, and a Final Performance Report. Note: CDRLs listed below do not apply to a Cooperative Agreement

Hardware: One (1) 2 kW SOFC-based power unit capable of operation on desulfurized fuel (JP-8, Diesel, JP-10) is required.

APPLICABLE CDRLS (FOR CONTRACT ONLY):

Power Dense Solid Oxide Fuel Cell Power Units for Military Applications

APPLICABLE OTHER REQUIREMENTS

Security Classification

Unclassified

ITAR/Export Control PL 98-94

Does not apply for this effort

Notice to Foreign Owned Firms

No restrictions apply for this effort

Organizational Conflict of Interest

Does not apply for this effort

Government Furnished Property

No government furnished property is anticipated for this effort

Base Support

No base support is anticipated for this effort

Hazardous Material

This effort may involve the use of hazardous materials which include aviation fuel. Offerors should state their compliance with all applicable state and federal regulations.

Associate Contractor Provision

Does not apply for this effort

Computer and Network Access Requirements for Users and Equipment

Access to Government computer systems and government computer networks will not be provided

Power and Thermal Technologies for Air & Space (PTTAS) –

Power Dense Solid Oxide Fuel Cell Power Units for Military Applications Program

Representations & Certifications

For

Assistance Instruments

1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters--Primary Covered Transactions

(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency;

(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

2. Certification Regarding Drug-Free Workplace Requirements

Alternate I. (Grantees Other Than Individuals)

A. The grantee certifies that it will or will continue to provide a drug-free workplace by:

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition;

(b) Establishing an ongoing drug-free awareness program to inform employees about—

(1) The dangers of drug abuse in the workplace;

(2) The grantee's policy of maintaining a drug-free workplace;

(3) Any available drug counseling, rehabilitation, and employee assistance programs; and

(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);

(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

(1) Abide by the terms of the statement; and

(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;

(e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grants officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;

(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted—

(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant:

Place of Performance (Street address, city, county, State, zip code)

Check □ if there are workplaces on file that are not identified here.

Alternate II. (Grantees Who Are Individuals)

(a) The grantee certifies that as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant;

(b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction in writing, within 10 calendar days of the conviction, to every grant office or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant.

3. Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

4. As an authorized representative, I hereby make the above certifications on behalf of the offeror.

Broad Agency Announcement No.:

Proposal Title:

Name of offeror:

Typed or printed name and title of official certifying on behalf of offeror:

Signature of official certifying on behalf of offeror:

Date:

5. Offeror shall provide the following information:

a. Offeror's Taxpayer Identification Number (TIN): _________________________

b. Offeror's applicable Commercial and Government Entity (CAGE) Code: __________

END OF CERTIFICATIONS FOR ASSISTANCE

Power and Thermal Technologies for Air & Space (PTTAS) –

Power Dense Solid Oxide Fuel Cell Power Units for Military Applications Program

Representations & Certifications

For

Contracts

I. NOTICE: The following solicitation provisions pertinent to this section are hereby incorporated by reference:

DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT SOLICITATION PROVISIONS

252.209-7001

DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A

TERRORIST COUNTRY (SEP 2004)

II. NOTICE: The following solicitation provisions pertinent to this section are hereby incorporated in full text:

A. FEDERAL ACQUISITION REGULATION SOLICITATION PROVISIONS IN FULL TEXT

52.204-03 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the

Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The

TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of

26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation

(FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

[ ] TIN:.-------------------------------------------------------

[ ]TIN has been applied for.

[ ] TIN is not required because:

[ ]Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

[ ] Offeror is an agency or instrumentality of a foreign government;

[ ] Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

[ ] Sole proprietorship;

[ ] Partnership;

[ ] Corporate entity (not tax-exempt);

[ ] Corporate entity (tax-exempt);

[ ] Government entity (Federal, State, or local);

[ ] Foreign government;

[ ] International organization per 26 CFR 1.6049-4;

[ ] Other-------------------------------------------------------

(f) Common parent.

[ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

[ ] Name and TIN of common parent:

Name------------------------------------------------------------------

TIN-------------------------------------------------------------------

52.204-08 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2005)

(a)

(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (b) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph

(b) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (b) applies.

[ ] (ii) Paragraph (b) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(b) The offeror has completed the annual representations and certifications electronically via the

Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically 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 ORCA.

52.227-06 ROYALTY INFORMATION (APR 1984)

(a) Cost or charges for royalties. When the response to this solicitation contains costs or charges for royalties totaling more than $250, the following information shall be included in the response relating to each separate item of royalty or license fee:

(1) Name and address of licensor.

(2) Date of license agreement.

(3) Patent numbers, patent application serial numbers, or other basis on which the royalty is payable.

(4) Brief description, including any part or model numbers of each contract item or component on which the royalty is payable.

(5) Percentage or dollar rate of royalty per unit.

(6) Unit price of contract item.

(7) Number of units.

(8) Total dollar amount of royalties.

(b) Copies of current licenses. In addition, if specifically requested by the Contracting Officer before execution of the contract, the offeror shall furnish a copy of the current license agreement and an identification of applicable claims of specific patents.

B. DEFENSE FAR SUPP SOLICITATION PROVISIONS IN FULL TEXT

252.227-7017 IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE

RESTRICTIONS (JUN 1995)

(a) The terms used in this provision are defined in following clause or clauses contained in this solicitation-

(1) If a successful offeror will be required to deliver technical data, the Rights in

Technical Data--Noncommercial Items clause, or, if this solicitation contemplates a contract under the

Small Business Innovative Research Program, the Rights in Noncommercial Technical Data and

Computer Software--Small Business Innovative Research (SBIR) Program clause.

(2) If a successful offeror will not be required to deliver technical data, the Rights in

Noncommercial Computer Software and Noncommercial Computer Software Documentation clause, or, if this solicitation contemplates a contract under the Small Business Innovative Research Program, the

Rights in Noncommercial Technical Data and Computer Software--Small Business Innovative Research

(SBIR) Program clause.

(b) The identification and assertion requirements in this provision apply only to technical data, including computer software documentation, or computer software to be delivered with other than unlimited rights. For contracts to be awarded under the Small Business Innovative Research Program, the notification and identification requirements do not apply to technical data or computer software that will be generated under the resulting contract. Notification and identification is not required for restrictions based solely on copyright.

(c) Offers submitted in response to this solicitation shall identify, to the extent known at the time an offer is submitted to the Government, the technical data or computer software that the Offeror, its subcontractors or suppliers, or potential subcontractors or suppliers, assert should be furnished to the

Government with restrictions on use, release, or disclosure.

(d) The Offeror's assertions, including the assertions of its subcontractors or suppliers or potential subcontractors or suppliers shall be submitted as an attachment to its offer in the following format, dated and signed by an official authorized to contractually obligate the Offeror:

Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Technical

Data or Computer Software.

The Offeror asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data or computer software should be restricted:

Technical Data or

Basis for Asserted

Name of Person

Computer Software

Assertion** Rights

Asserting to be Furnished

Category***

Restrictions****

With Restrictions*

*For technical data (other than computer software documentation) pertaining to items, components, or processes developed at private expense, identify both the deliverable technical data and each such item, component, or process. For computer software or computer software documentation identify the software or documentation.

**Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions. For technical data, other than computer software documentation, development refers to development of the item, component, or process to which the data pertain. The Government's rights in computer software documentation generally may not be restricted. For computer software, development refers to the software. Indicate whether development was accomplished exclusively or partially at private expense. If development was not accomplished at private expense, or for computer software documentation, enter the specific basis for asserting restrictions.

***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in

SBIR data generated under another contract, limited, restricted, or government purpose rights under this or a prior contract, or specially negotiated licenses).

****Corporation, individual, or other person, as appropriate.

*****Enter "none" when all data or software will be submitted without restrictions.

Date

Printed Name and Title

Signature

(End of identification and assertion)

(e) An offeror's failure to submit, complete, or sign the notification and identification required by paragraph (d) of this provision with its offer may render the offer ineligible for award.

(f) If the Offeror is awarded a contract, the assertions identified in paragraph (d) of this provision shall be listed in an attachment to that contract. Upon request by the Contracting Officer, the Offeror shall provide sufficient information to enable the Contracting Officer to evaluate any listed assertion.

252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)

(a) The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation.

(b) Representation. The Offeror represents that it- ____Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

____ Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.

(c) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense FAR Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

END OF CERTIFICATIONS FOR CONTRACTS