BAA-AFRL-RQKM-2016-0007-Amd1.pdf

BROAD AGENCY ANNOUNCEMENT TITLE: AFRL/RX Functional Materials Open

BAA

BROAD AGENCY ANNOUNCEMENT TYPE: Amendment 1 to the BAA

BROAD AGENCY ANNOUNCEMENT NUMBER: BAA-AFRL-RQKM-2016-0007

THIS IS AN ANNUAL NOTICE OF AN OPEN BAA AS REQUIRED BY FAR 35.016.

White Papers are still being accepted against this BAA. Please see the initial BAA Announcement, dated April 18, 2016, for specific details on submitting your white papers. White Papers may be submitted at any time until 18 April 2021, as originally stated in the initial BAA.

The following focal points listed in the initial BAA remain the same:

Address technical questions to: Mr. George Orzel, AFRL/RXAS, 2941 Hobson Way, Bldg 654, Wright-Patterson AFB, OH 45433-7746, email address:

george.orzel@us.af.mil, phone: (937) 904-4354

Address contracting questions to: Gary Victor, Contract Negotiator, AFRL/RQKMA, 2130 8th Street, Area B, Bldg. 45, Wright-Patterson AFB, OH 45433-7541, e-mail address: Gary.Victor@us.af.mil, phone: (937) 713-9887, or Whitney Foxbower, Contracting Officer, AFRL/RQKMA, e-mail address: whitney.foxbower@us.af.mil, phone: (937) 713-9877.

This amendment updates the original BAA with the following changes:

Section I, Program Description paragraph 6, Other Information, new paragraph e, Third Party Software is now incorporated into the BAA as follows:

6. Other Information

e. THIRD PARTY SOFTWARE

THIRD PARTY SOFTWARE (COMMERCIAL AND NONCOMMERCIAL):

DFARS 252.227-7014(d) describes requirements for incorporation of third party computer software. Any third party software (commercial and noncommercial) to be incorporated into a deliverable must be clearly identified in the proposal. Prior to delivery of any third party software, the contractor will obtain an appropriate license for the Government, and the written approval of the contracting officer.

mailto:george.orzel@us.af.mil mailto:melissa.prickett@us.af.mil mailto:whitney.foxbower@us.af.mil

Any third party software to be delivered to the Government that are not reasonably identifiable at proposal submission, must still be approved by the contracting officer prior to incorporation into a system deliverable. This obligation to obtain pre-approval by the contracting officer, as described above, continues throughout contract administration.

The Government will neither accept nor execute a DD Form 250 for the software deliverables until the Contractor obtains from all third party software suppliers and/or vendors (Licensor) licenses that comply with the following terms and conditions for the Government (Licensee):

1. The license shall not subject the Government to liability that is indefinite or indeterminate, such as an indemnification clause, as it would constitute an obligation in advance or in excess of an appropriation and violate the Anti-Deficiency Act.

2. The license shall not create a contingent liability for the Government.

This includes, but is not limited to: unilateral price increases, automatic assessment of charges, and automatic renewal of the license.

3. The license shall be governed by Federal Statutes, Case Law, and Federal Regulations, and shall not be subject to the laws or jurisdiction of any municipality, state, or foreign country.

4. The license shall not include non-substitution language that would preclude or limit the Government from using another vendor/reseller and/or product to fulfill Government requirements.

5. The license shall not comment on entitlement to attorney fees.

6. The Licensor shall not have the authority to unilaterally terminate the license. All remedies available shall be consistent with the Disputes Clause in the underlying basic contract.

7. The Licensor shall not have the right to enter the premise or monitor the networks of Licensee for the purpose of auditing the use of the license.

8. The Licensor shall not use any injunctive relief clauses as the Licensor cannot prevent the Licensee from performing mission operations.

9. The Licensor shall not have the authority to control any litigation between a third party and the Licensee.

10. The Licensor shall not use the fact that the Licensee is using the Licensor's products in any notification to the public (e.g., no publicity rights permitted).

[IF APPLICABLE] Additionally, the Contractor may be required to obtain licenses that comply with the following terms and conditions, based on the Government’s needs:

1. [IF APPLICABLE] The license shall not disclaim all warranties through use of an “as is” provision.

2. [IF APPLICABLE] The license shall neither restrict the Government from using the product at various sites nor limit use of the product by various Government agencies or third parties performing work on behalf of the Air Force under the [PROGRAM NAME]. In performance of the [PROGRAM NAME], Government personnel as well as Government contractors may use the software.

3. [IF APPLICABLE] [The license shall not limit the Government’s use of the software at other Government and Government contractor sites.] [The license shall authorize the Government to use the software at the following sites: [list]].

4. [IF APPLICABLE] The license shall not require automatic updates or give Licensor the authority to unilaterally replace the software.

5. [IF APPLICABLE] The Licensee shall not be restricted from copying or embedding elements of accessible code into other applications (e.g., nesting code, derivative works).

The Contractor may obtain agreement from the Licensor to insert the clause below to its respective software licenses intended to be transferred to the Government:

“In the event that any of the provisions of the [Software License] are determined to be inconsistent with Federal law and/or do not otherwise satisfy the Government's needs, the parties to the [Software License] hereby agree that such provisions shall be null and void as they pertain to the Government. Specifically, the following sections are hereby deleted from the [Software License] [and/or amended as indicated below]:

[Section X: deleted; Section Y: amended as follows […]”

If the Licensor will not agree to the terms and conditions cited herein and/or as contained in DFARS 227.72, the Contractor shall retain the current license on behalf of and for the benefit of the US Government if permissible under its license and such use will not subject the Government to the terms of the license.

The Contractor shall provide documentation to clearly correlate or map software license(s) to:

a) Contract Line Item Numbers (CLINS);

b) Contract Deliverables (CDRLS);

c) Paragraphs in the statement of work (SOW); and

d) Portions of any functional block diagrams and/or system architecture diagrams, so that it can be readily determined where certain commercial software corresponding to certain software license agreement(s) are physically located on the system to be delivered under the contract.

Section IV White Paper/Proposal and Submission Information, paragraph 2, is changed to update the Broad Agency Announcement (BAA) Guide for Industry website to:

http://www.wpafb.af.mil/Portals/60/documents/afrl/AFRL-broad-agency-announcement-guide.pdf

Section IV White Paper/Proposal and Submission Information, paragraph 3(b), First Step (White Paper) Instructions – Page Limitation the sentence regarding number of hard copies to submit is changed to read as follows:

Offerors should submit 1 original and 1 hard copy for a total of two paper copies of the White Paper via mail to the Contracting POC, identified in Section VII.

Section IV White Paper/Proposal and Submission Information, paragraph 3(f), First Step (White Paper) Instructions – Other Information the paragraph is changed as follows:

f. Other Information: Multiple White Papers within the purview of this announcement may be submitted by each offeror. If the offeror wishes to restrict its White Papers, they must be marked with the restrictive language stated in FAR 52.215-1(e).

Section IV White Paper/Proposal and Submission Information, paragraph 5(c)(iii), Second Step – Proposals for Contracts Instructions, Cost/Business Proposal General Instructions section (a) the website link to the BAA Guide For Industry is updated as follows:

http://www.wpafb.af.mil/Portals/60/documents/afrl/AFRL-broad-agency-announcement-guide.pdf

BAA List of Attachments is updated to incorporate Attachment 6 as follows:

6. Statement of Work (SOW) Supplemental Requirements version 2.6 dated 27 September 2017.

All other terms of the BAA remain unchanged by this Amendment.

http://www.wpafb.af.mil/Portals/60/documents/afrl/AFRL-broad-agency-announcement-guide.pdf

ATTACHMENTS

List of Attachments:

1. Supplemental Instructions for Assistance Instruments Proposals

2. Quad Chart

3. Proposal Adequacy Checklist

4. DD 254

5. Contract Data Requirements List (CDRL), DD Form 1423-1

6. Statement of Work (SOW) Supplemental Requirements version 2.6 dated 27 September 2017.