BAA-RQKPD-2015-0001-Amd2.pdf

Broad Agency Announcement (BAA)

BAA-RQKPD-2015-0001, Amendment 2

Composite Airframe Life Extension (CALE)

BROAD AGENCY ANNOUNCEMENT TITLE: Broad Agency Announcement BAA-RQKPD-2015- 0001 “Composite Airframe Life Extension (CALE)”

FEDERAL AGENCY NAME: Air Force Research Laboratory, Aerospace Systems Directorate, Aerospace Vehicles Division, AFRL/RQV

TECHNICAL POC: Richard Holzwarth, Bldg. 65, 2790 D. St., WPAFB, OH 45433, (937) 656-8825, Richard.Holzwarth.1@us.af.mil

CONTRACTING POC: Ryan Huffman, Bldg. 45, 2130 Eighth St., WPAFB, OH 45433, (937) 713- 9927, Ryan.Huffman@us.af.mil or Jennifer Kleiv, Bldg. 45, 2130 Eighth St., WPAFB, OH 45433, (937) 713-9975, Jennifer.Kleiv.1@us.af.mil

The BAA-RQKPD-2015-0001, Composite Airframe Life Extension (CALE) is being amended per FAR 35.016(c) and making additional changes as follows:

1.) Per FAR 35.016 (c) the subject BAA is to be annually published. The subject BAA with its Amendments are still valid.

2.) NAICS Code 541712 (Aircraft Exception) is now changed to NAICS Code 541712 (Aircraft Engine and Engine Parts Exception) (Pg. 1).

3.) DFARS 252.204-7004, Alternate A, System for Award Management (SAM) is updated from (May 2013) to (Feb 2014) (Pg. 2).

4.) Government Furnished Property DFARS 252.245-7004, Reporting, Reutilization and Disposal is updated from (May 2013) to (March 2015) (I.6.a.vii) (Pg. 11).

5.) I.6.d, Data Rights Desired has been updated to read as follows: (Pg. 11-12).

(1) Technical Data: Unlimited Rights

(2) Non-Commercial Software (NCS): Unlimited Rights

(3) NCS Documentation: Unlimited Rights

(4) Commercial Computer Software Rights: Customary License

The Air Force Research Laboratory is engaged in the discovery, development, and integration of warfighting technologies for our air, space, and cyberspace forces. As such, rights in technical data and NCS developed or delivered under this contract are of significant concern to the Government. The Government will therefore carefully consider any restrictions on the use of technical data, NCS, and NCS documentation which could result in transition difficulty or less-than full and open competition for subsequent development of this technology.

mailto:Richard.Holzwarth.1@us.af.mil mailto:Ryan.Huffman@us.af.mil mailto:Jennifer.Kleiv.1@us.af.mil

In exchange for paying for development of the data, the Government expects technical data, NCS, and NCS documentation developed entirely at Government expense to be delivered with Unlimited Rights.

Technical data, NCS, and NCS documentation developed with mixed funding are expected to be delivered with at least Government Purpose Rights. Offers that propose delivery of technical data, NCS, or NCS documentation subject to Government Purpose Rights should fully explain how the data was developed at private expense. Specifically, offers must explain what technical data, NCS, or NCS documentation developed with costs charged to indirect cost pools and/or costs not allocated to a Government contract will be incorporated, how the incorporation will benefit the program, and address whether those portions or processes are segregable.

Offerors that propose delivery of technical data, NCS, or NCS documentation subject to Limited Rights, Restricted Rights, or Specifically Negotiated License Rights will be considered. Proposals should fully explain what technical data, NCS, or NCS documentation developed with costs charged to indirect cost pools and/or costs not allocated to a Government contract will be incorporated and how the incorporation will benefit the program and whether those portions or processes are segregable.

Offerors shall include the data rights assertions as required by DFARS 252.227-7017, Identification and Assertion of Restrictions on the Government’s Use, Release, or Disclosure of Technical Data or Computer Software. The assertions list is included in Section K and due at time of proposals. Assertions must be completed with specificity. Each assertion must identify both the data and each such item, component, or process listed. Nonconforming assertions lists will be rejected.

Terms used in this section are defined in the clauses at 252.227-7013, Rights in Technical Data-Noncommercial Items, and 252.227-7014, Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation.

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.

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.

6.) The dollar value for Subcontracting Plans is updated from $650,000 to $700,000 (IV.5.c.ii) (Pg.

20).

7.) WAWF clause has been updated from DFARS 252.232-7006 (May 2013) to (Feb 2016) (VIII.4) (Pg. 23).

8.) DFARS 252.211-7003, Item Unique Identification and Valuation is updated from (Dec 2013) to (Mar 2016) (VIII.5) (Pg. 24).

9.) FAR Clause 52.222-54, Employment Eligibility Verification is updated from (Aug 2013) to (Oct 2015) (VIII.II) (Pg. 25).

10.) FAR Clause 52.204-10, Reporting Executive Compensation and First-Tier Sub-contract/Sub-recipient Awards is updated from (Jul 2013) to (Oct 2015) and the dollar value has been changed from $25,000 to $30,000 (VIII.12) (Pg. 25).

11.) Updates of Publicly Available Information Regarding Responsibility Matters dollar value has changed from $500,000 to $550,000 (VIII.13) (Pg. 25).

12.) DFARS Clause 252.204-7012, Safeguarding of Unclassified Controlled Technical Information is updated from (Nov 2013) to (Dec 2015) (VIII.15) (Pg. 26).

13.) Ombudsman Clause, AFFARS 5352.201-9101 is updated from (Nov 2012) to (April 2014) (VIII.21) (Pg. 27).

14.) DFARS Clause 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Dec 2015) is added in full text.

**** NO OTHER CHANGES ARE BEING ACCOMPLISHED BY THIS AMENDMENT. ****