Commercial Solutions Opening - Stryker Family of Vehicles.pdf
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- Solicitation number
- W912CH-26-S-0010
- Issued by
-
Department of the Army
About this file
This is a Commercial Solutions Opening (CSO) master solicitation document for acquiring innovative commercial solutions related to the Stryker Family of Vehicles (FoV) for the U.S. Army. The CSO is issued under authority of 10 U.S.C. § 3458 and DFARS Subpart 212.70, with the solicitation number W912CH-26-S-0010, issued by Army Contracting Command – Detroit Arsenal (ACC-DTA). The CSO remains continuously open until May 7, 2031, and the Government reserves the right to extend it by amendment if authority is extended.
The CSO provides a master framework for acquiring innovative commercial items, technologies, and services through a competitive, multi-phased approach. Specific Areas of Interest (AoIs) will be posted separately on SAM.gov, each with its own opening and closing dates, requirements, and evaluation criteria. The process includes up to three phases: Phase 1 (Solution Brief submission, not to exceed 5 pages or 15 slides), Phase 2 (optional Presentation/Pitch of up to 15 slides), and Phase 3 (full Commercial Solution Proposal with separate Technical Volume and Price Volume submissions). Solution briefs must include executive summary, technology concept, and rough order of magnitude pricing. Technical proposals in Phase 3 must not exceed 20 pages and address technical approach, objective accomplishment, project management, deliverables/schedule, and data rights restrictions. Awards may be made using FAR Part 12 commercial item contracts or Other Transaction Authority under 10 U.S.C. § 4022, and all awards shall be fixed-price. Companies must be registered in SAM and WAWF prior to award. The Government will not pay for proposal preparation costs and reserves the right to make awards to "all, some, or none" of selected solutions. Contact information for the solicitation is provided for Taylor Ferguson (Contract Specialist) and Marta Furman (Contracting/Agreements Officer).
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DISTRIBUTION STATEMENT A. Approved for public release; distribution is unlimited.
Commercial Solutions Opening (CSO) Stryker Family of Vehicles (FoV)
W912CH-26-S-0010
The procedures outlined in this CSO apply to Areas of Interest posted under W912CH-26-S-0010.
NOTE: Proposed Solutions that may meet the needs of other Federal Agencies may be shared, as appropriate.
SECTION 1 – INTRODUCTION
1.1 Background
Program Manager Stryker Brigade Combat Team (PM SBCT), located in Detroit Arsenal, Michigan, (inclusive of Product Manager Vehicle Protection Systems (PdM VPS) and PdM Ground Sensors (PdM GS) is the project management office responsible for developing, producing, and sustaining the Stryker Family of Vehicles (FoV).
The Stryker family of eight-wheeled armored fighting vehicles is a cornerstone of the U.S. Army's maneuver formations, providing a unique blend of mobility, survivability, and lethality. The contemporary and future operational environments present new and evolving challenges to the Stryker platform. Adversary capabilities continue to advance, requiring the U.S. Army to constantly modernize its fleet to maintain overmatch. In response to the evolving battlefield, the U.S. Army is committed to the continuous modernization of the Stryker fleet. To foster modernization and value, Army Contracting Command – Detroit Arsenal (ACC-DTA) is increasingly utilizing agile acquisition authorities to increase competition and opportunities to innovate solutions. CSOs are a key part of this strategy, offering a flexible and efficient process to solicit cutting-edge solutions from the widest possible range of vendors. This approach lowers the barrier to entry for commercial innovators and ensures the Government can access cost-effective technologies to meet its critical requirements.
1.2 Authority
The 2014 Quadrennial Defense Review established innovation as a central line of effort in the national defense strategy of the United States. The decisive military advantage of the United States over its adversaries and peer competitors is steadily eroding. Consequently, under 10 United States Code (U.S.C.) 3458, as implemented by Defense Federal Acquisition Regulation Supplement (DFARS) Subpart 212.70, Contracting/Agreements Officers may acquire innovative commercial items, technologies, or services using a competitive procedure called a Commercial Solutions Opening (CSO). Under a CSO, the Department of War (DoW) may competitively select proposals received in response to a general solicitation, similar to a broad agency announcement, based on a review of proposals by scientific, technological, or other subject-matter expert peers. Use of a CSO in accordance with DFARS Subpart 212.70 is considered to be a competitive procedure for the purposes of 10 U.S.C. 221 and Federal Acquisition Regulation (FAR) 6.102. CSO procedures provide a streamlined acquisition process and simplified contract/agreement terms. Finally, Contracting Officers shall treat items, technologies, and services acquired using a CSO as commercial products and commercial services. Contracts or agreements under this authority shall be fixed-price, including fixed-price incentive fee contracts.
1.3 CSO Procedure
This CSO is a competitive solicitation focusing on various requirements for the Stryker FoV through specific Areas of Interest (AoIs) and provides the master terms, conditions, and framework for acquiring innovative commercial solutions. The Government will solicit solution briefs through the issuance of specific, topic-focused AoIs. Each AoI will be published as a separate announcement on the System for Award Management (SAM.gov) and will be linked to this master CSO. Each AoI announcement may contain specific information such as description, instructions, submissions period, period of performance/delivery schedule, evaluation criteria, etc.
Companies shall not submit responses against this CSO document. Submissions are only authorized in response to an active, posted AoI. The Government reserves the right to add AoIs at any time throughout the duration of the CSO. Each individual AoI will specify its own opening and closing dates. Companies are responsible for monitoring SAM.gov for the issuance of new AOIs. This CSO solicitation may also be amended as necessary while open. This CSO is continuously open until May 7, 2031. The Government reserves the right to extend this CSO beyond the open date, by amendment, if the authority is extended.
Under this CSO, ACC-DTA may award various Stryker FoV contracts/agreements, including but not limited to:
(1) FAR contracts under FAR Part 12, Commercial Procedures and non-FAR agreements such as transaction agreements under 10 U.S.C 4022.
ACC-DTA may use this CSO to solicit solution briefs, presentation/pitches, and/or proposals for innovative commercial products, commercial services, and non-developmental items through multi-phased, competitive processes. Awards under this CSO may include, but are not limited to, commercially available products, technologies, or services immediately available or fueled by commercial or strategic investment; and concept demonstrations, pilots, and agile development activities that can incrementally improve commercial products, technologies, or services, existing Government- owned capabilities, or concepts for broad defense application.
The CSO solicitation process may include a multi-phased solicitation and evaluation approach that is dependent upon specific AoIs. The AoIs are focused topic(s)/categories. The following phases may be used:
Phase 1 – Submission of Solution Brief Phase 2 – Presentation/Pitch (if applicable) Phase 3 – Request for Commercial Solution Proposal (CSP or proposal)
If an AoI specifies a Not-to-Exceed (NTE) affordability cap, any submission (including solution briefs, presentations/pitches, or proposals) that exceed the specified affordability cap will be deemed unaffordable.
Unaffordable submissions will not be evaluated, advanced to the next phase, or considered for award.
The CSO outlines procedures to ensure a competitive process is followed. The competitive process under this CSO may result in a two- or three-phase approach (solution brief, presentation/pitch (if applicable), and/or a request for CSP proposal):
The Government reserves the right to forgo Phase 2 based on the individual merits and may directly request a CSP from all, some or none of the companies that submitted solution briefs. The Government also reserves the right to move expeditiously through the phases based on the merit of submissions, if urgent requirements arise.
During any phase of the CSO, the Government, through the stated contracting points of contact, may send written questions or comments to the companies to address via email, or other suitable communication methods as determined by the Government. The Government, through the stated contracting points of contact, also may engage in discussions with companies during any phase of the process, including development of the CSP phase. Additionally, during any phase of the CSO, the company can communicate directly with the Government by utilizing the designated contracting points of contact listed within the specific AoI announcement.
The Government will not pay companies for costs associated with developing submissions to any AoIs submitted under this CSO.
Phase 1 - Solution Brief: A solution brief must be in written format, submitted as specified in Section 3.2 of this CSO. The Government will evaluate the solution briefs against the criteria stated in this CSO. The Government will not pay companies for the costs associated with solution brief submissions.
Phase 2 - Presentation/Pitch (if applicable): Companies whose solution briefs are evaluated to be of merit may be invited to provide a Presentation/Pitch following the instructions specified in Section 3.3 of this CSO. The Government reserves the right to limit the number of companies invited to this phase. As such, the company’s solution may be evaluated to be of merit, but not invited to the next phase. The Government may require a Demonstration in addition to a Presentation/Pitch. In the event a Demonstration is required, additional information highlighting those procedures will be provided in the specific AoI; otherwise, Phase 2 will be comprised solely of the Presentation/Pitch. The Government reserves the right to request additional technical information to determine if a company has a viable solution for the Government’s specific AoI. The Government will not pay companies for costs associated with presentations/pitches.
Phase 3 - Request for Commercial Solution Proposal (CSP): Those companies that are evaluated to be of merit through Phase 1 or a combination of Phase 1 and 2, may be invited to submit a full written CSP following the instructions specified in Section 3.4 of this CSO. Companies who are invited to submit a CSP will be notified if the Government intends to utilize a FAR Part 12 contract for commercial items or an OTA.
Prototype projects awarded under the authority of 10 USC 4022 must meet one of the conditions at 10 USC 4022(d)(1). Requests for a CSP under this CSO are subject to the availability of Government funds.
SECTION 2 – DEFINITIONS
“Area of Interest” (AoI) means an announcement posted on the Government Point of Entry (GPE) website, which may result in the award of various types of contracts that will be dependent on the specific AoI requirement.
“Commercial Solutions Opening” (CSO) is a competitive procedure contracting officers may use to acquire commercial products, commercial services, or non-developmental items through a competitive selection of proposals resulting from a general solicitation and the peer review, technical review, or operational review (as appropriate) of such proposals.
“Commercial Solution Proposal” (CSP): is a commercial proposal that is submitted in response to an AoI that is governed by a CSO. CSPs may be requested as a result of solution briefs and/or presentations/pitch.
“Nontraditional Defense Contractor” (NDC) is defined in 10 U.S.C. § 3014 as an entity that is not currently performing and has not performed, for a least the one-year period preceding the solicitation of sources by the DoD for the procurement or transaction, any contract or subcontract for the DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C. § 1502 and the regulations implementing such section.
“Small Business Concerns” is defined in the Small Business Act (15 U.S.C 632).
“Innovative” means any item that is—
a) A new technology, process, or method, including research and development that is new as of the date of submission of CSP; or
b) A new application or adaptation of an existing technology, process, or method as of the date of submission of CSP
SECTION 3 – GUIDELINES FOR SOLUTION BRIEFS, PRESENTATION/PITCHES, AND COMMERCIAL SOLUTIONS
PROOPOSALS
3.1 General Guidelines
Unnecessarily elaborate brochures or proposals are not desired. When applicable, use of a diagram(s) or figure(s) to depict the proposed solution is strongly encouraged.
Companies may submit multiple solution briefs in response to any single AoI if each submission represents a separate and distinct concept. Individual solution briefs may only address one concept based on the stated AoI.
The period of performance or delivery requirements will be specified in the AoI.
Technical data with military application may require approval, authorization, or license for lawful exportation.
Companies are responsible for complying with all export laws and regulations, including obtaining such approval, authorization, or licenses.
All solution briefs, presentations, and proposals must be Unclassified. Do NOT mark any documents as “CONFIDENTIAL”. Solution briefs, presentations, and proposals containing data that is not to be disclosed to the public for any purpose or use by the Government except for evaluation purposes shall include the following general disclaimer on the cover page:
“This [select one: Solution Brief, Presentation/Pitch, or CSP] includes data that shall not be disclosed outside the Government, except to non-government personnel for evaluation purposes, and shall not be duplicated, used, or disclosed - in whole or in part - for any purpose other than to evaluate this submission. If, however, an agreement is awarded to this company as a result of - or in connection with - the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent agreed upon by both parties in the resulting agreement. This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction.
The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]”
Foreign-Owned businesses may independently submit a solution or do so as part of a teaming arrangement with one or more United States-owned businesses. However, the ability to obtain a contract/agreement based upon a submission may depend upon the ability of the Foreign-Owned business to obtain necessary clearances and approvals to obtain prescribed information.
Questions regarding the objectives or preparation of the solution brief should be addressed to the Points of Contact (POCs) listed in the respective AoI.
Submissions for all phases must be submitted electronically directly to the Contract/Agreements Specialist and the Contracting/Agreements Officer listed in the specific AoI. Submissions sent through other channels or after the AoI open period has ended will not be reviewed, evaluated, or considered for an award.
Companies submitting solution briefs that are not chosen for the presentation/pitch phase or the CSP phase will be notified in writing as soon as practicable. Further written feedback may be provided via a Summary Slide Presentation, upon request, at the Contracting/Agreements Officer’s discretion.
Companies are advised to carefully review each AoI, as each will define its own requirements, problem statement, and specified period of performance. In the event of any discrepancy or conflict between the information within a specific AoI and the general terms or instructions outlined in this CSO (to include solution brief content and basis for selection), the requirements specified within the individual AoI will take precedence. Companies are advised to carefully review each AoI, as its unique requirements will supersede any contradictory guidance found elsewhere in the CSO.
3.2 Phase 1 - Solution Brief:
3.2.1 Solution Brief Content:
Unless otherwise stated in the specific AoI, submissions must be in one of two written formats: either a document that shall not exceed five (5) pages using a 12-point font or briefing slides that shall not exceed 15 total slides. The cover page or title slide does not count against page/briefing slide limit; however, the Executive Summary does.
Solution briefs must include the following:
1. Cover page or title slide identifying the following: the AoI your solution addresses, Company Name, Address, Point of Contact (Full Name and Title), E-Mail Address, Phone Number, and the Date.
2. Executive Summary: Provide an executive summary of the product, technology or service.
3. Technology Concept: Show and/or describe how your proposed solution or potential new capabilities represent an application of innovative commercial products, innovative commercial technologies and services or adaptations/modifications of existing commercial product technologies and services to the AoI. Describe the unique aspects of your technology and the proposed work as it relates to the AoI.
Identify whether the effort includes the pilot or demonstration of existing commercial technology (identified as commercially ready and viable technology), or the development of technology for potential defense applications. If development or adaptation is proposed, identify a suggested path to mature the technology. Identify aspects of your proposal, to include data and software, which may be considered proprietary.
4. Price: Provide a Rough Order of Magnitude (ROM) price for the proposed solution and include desired payment terms.
3.2.2 Solution Brief Basis of Evaluation:
Solution brief evaluation criteria are listed in descending order of importance. Individual written solution briefs will be evaluated against the evaluation criteria described below:
1. Responsiveness of the written solution brief in addressing the AoI with a commercially available product, technology, and/or service readily available to meet the immediate needs.
2. The proposed solution will be evaluated based on its technical merit and innovation for Government application, as well as any project-specific technical criteria detailed within or attached to the specific Area of Interest (AoI).
3. The extent to which the total proposed price or cost is affordable and executable within the limits of available Government funding.
Solution briefs will be evaluated based on the evaluation criteria listed above, not against other solution briefs submitted in response to the same AoI. The Government may elect to use external market research in the evaluation of a company’s viability.
Based on the results of the Phase 1 evaluation, the Government may elect to invite all, some or none of the proposed solutions into Phase 2, (the presentation/pitch) or directly into Phase 3 by requesting a CSP based on the merits of the solution brief.
3.3 Phase 2 - Presentation/Pitch (if applicable):
3.3.1 Presentation/Pitch Content:
In Phase 2, companies are invited to submit a Presentation/Pitch and further discuss their proposed concept/technology/solution in person or virtually. During Phase 2, the Government may also request additional information from the company and/or provide additional information to the company. If invited to Phase 2, companies must provide a Presentation/Pitch to demonstrate and provide further details on the technical and business viability of their proposed solution. In addition to the Presentation/Pitch, the Government may request an additional written submission to supplement or clarify the information provided in Phase 1 Solution Brief.
Specific requirements of the presentation/pitch will be identified in the AoI. If the Government requires a demonstration, additional information highlighting those procedures will be provided in the specific AoI.
Unless otherwise specified in the specific AoI, Presentation/Pitch slides are NTE ten (15) slides, not including the title slide. The Presentation/Pitch shall at a minimum include the following information and shall be in the following order:
1. A description and/or demonstration of the proposed AoI solution and how it represents an innovative application of commercial technology.
2. A ROM and notional period of performance or delivery schedule.
3. Any Intellectual Property (IP) involved in the effort and associated restrictions on the
Government’s use of that IP.
4. Additional information/detail from the company’s Phase 1 solution brief, as specified in the
Government’s invitation to Phase 2.
Additional technical information, including images, tables, graphs, etc., may also be included within the Presentation/Pitch Slides.
3.3.2 Presentation/Pitch Basis of Evaluation:
Unless otherwise specified in the AoI, individual presentations/pitches will be evaluated against the evaluation criteria below and not against any other presentations/pitches submitted under the same AoI.
Presentation/Pitch evaluation criteria are listed in descending order of importance below and will be evaluated on the following factors:
1. Level of relevancy of the solution in addressing the AoI with a commercially available product, technology, or service;
2. The technical merit of the proposed solution adequately addressed the AoI needs(s) and demonstrated feasibility for the Government to pursue the proposed solution;
3. Level of innovative approach to solve the Government’s need;
4. Level of technical risk or maturity;
5. Level of risk placed with the proposed ROM;
6. Level of risk in the proposed period of performance or delivery schedule and its ability to meet the AoI need within a relevant time period;
7. Level of risk in the company’s viability and business solution; and
8. Level of potential risk in anticipated IP and data rights assertions.
Any new information introduced or gained during the Presentation/Pitch and potential questions and answers may be used to complete the Government’s overall evaluation.
After completing the evaluation of Presentation/Pitch submissions, the Government will notify the company of one of the following:
1. Selection for submittal of a CSP for evaluation in Phase 3;
2. The proposed solution is not of continued interest to the Government and will not be required to submit a CSP for Phase 3, or
3. The proposed solution is of continued interest to the Government but is not currently eligible for an invitation to Phase 3 CSP submission due to the current lack of Government resources and/or funding*.
*Additional Government offices may be interested in proceeding into Phase 3.
3.4 Phase 3 - Request for Commercial Solutions Proposal (CSP):
The third and final Phase of the CSO process is the Request for CSP. Based upon the results of Phase 1 and/or Phase 2 evaluation(s), the Government may issue a Request a CSP from the company(s).
Through a Request for CSP, company(s) will be invited to submit a CSP based on their proposed Phase 1 or
Phase 1 and 2 AoI solution. If necessary, either the company or the Government may request a meeting to address information contained in the request for CSP and to allow for a bilateral scope development based on Phase 1 and/or Phase 2 submissions. Phase 3 allows for engagement between selected companies and their assigned Government expert(s) or teaming partner(s) to support the proposal development process, provided that all communication occurs through the Contract Specialist and/or Procuring Contracting Officer (PCO) or Agreements Officer. The submittal of a CSP shall be valid for 180 days from the date of CSP submission to the Government.
3.4.1 CSP Content
The CSP must be prepared and submitted in two separate Volumes as follows:
Volume I: Technical Volume II: Price
Price information shall not be included as part of the Technical Volume submission. All attachments pertaining to a specific volume must be submitted with that corresponding volume.
If a request for a CSP indicates a potential award of an OTA under 10 U.S.C. 4022, a Warranties and Representations (W&R) form will be provided along with the request for a CSP. To be considered for award, the company’s proposal submission must include the completed W&R form in which the company certifies how it will meet at least one of the conditions of the statute for appropriate use of authority under 10 U.S.C.
4022(d)(1).
If an AoI specified an affordability cap, to be eligible for further technical and price evaluation, a proposal must not exceed the stated affordability cap. Submissions in excess of this cap will not be considered further.
The Government may allow the company to propose certain terms and conditions that may be consolidated with those of the Government, including but not limited to, Service License Agreements (SLA) and/or User License Agreements (ULA) governing the requirement for the Government’s consideration and negotiation.
Companies should note that there are certain terms and conditions the Government may be unable to accept. However, OTA projects resulting in an award through this CSO may provide flexibility to adopt customary industry standards where it is otherwise legal and meets the Government’s general public responsibility. Any submission of proposed terms and conditions shall be submitted outside of the Technical and Price Volume and will be taken into consideration by the Government.
3.4.1.1 Volume I - Technical
3.4.1.1.1 Technical Volume Content
Unless otherwise stated in a specific AoI or a request for a CSP, the Technical Volume must be submitted as either an MS Word or PDF document, not to exceed 20 pages, using a 12-point font for all content. The cover page does not count towards this limit.
The Technical Volume should fully explain the proposed technical approach or method. The Technical Volume should reflect a clear understanding of the nature of the work being undertaken and should include information that demonstrates the company’s understanding and management of important events and tasks.
At the minimum, the Technical Volume shall contain the following:
1. Technical Approach: Detailed description of the proposed technical approach or method including all assumptions utilized to develop its proposed solution. The proposal should also contain a list of risks and mitigation strategies.
2. Objective Accomplishment: A detailed work plan/statement of work indicating how each aspect of the AoI objectives will be accomplished.
3. Project Management: Information on how the project will be organized, resourced, and managed.
4. Deliverables and Schedule: List of suggested deliverables and deliverable dates.
5. Data Rights: Submissions shall identify any restrictions on the Government’s rights (e.g. data rights, patents) in using/disclosing/reproducing/modifying technical data, computer software, and non-technical data (e.g. business/financial/administrative data) involved in the effort. The company’s proposed Assertion of Restrictions shall be numbered, one assertion per row, and should address data rights associated with each of the proposed deliverables.
Proposals containing data that is not to be disclosed to the public for any purpose or used by the Government except for evaluation purposes shall include the following sentences on the cover page:
“This proposal includes data that shall not be disclosed outside the Government, except to non-government personnel for evaluation purposes, and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this proposal. If, however, an agreement is awarded to this Company as a result of -- or in connection with -- the submission of this data, the Government shall have the right to duplicate, use, or disclose the data to the extent agreed upon by both parties in the resulting agreement.
This restriction does not limit the Government's right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets]”
Each restricted data sheet should be marked as follows:
“Use or disclosure of data contained on this sheet is subject to the restriction on the title Page of this proposal.”
3.4.1.1.2 Technical Volume Basis of Evaluation:
The Government will review each proposal and evaluate them based on the following:
1. The merit and risk elements of the proposed technical approach and detailed work plan are acceptable and address the requirements/objectives outlined in the AoI;
2. The proposed project management plan and resources are adequate to successfully execute the project;
3. The proposed period of performance and/or delivery schedule is realistic and/or adequate; and,
3.4.1.1.3 Technical Volume Rating:
1. Volume I - Technical Proposal will be assigned one of the following ratings:
a. Acceptable: The proposal demonstrates an approach that is expected to meet AoI requirements and objectives.
A rating of "Acceptable" is assigned to proposals that are well-conceived and scientifically or technically sound and meet the AoI requirements/objectives. This rating allows the proposal to advance for further discussion, negotiation, or a direct award.
An assigned rating of “Acceptable” does not guarantee agreement/contract award. The following will be taken into consideration: program priorities, outcome of negotiations (if applicable), and availability of funds.
b. Unacceptable: The proposal does not demonstrate an approach that is expected to meet AoI requirements and objectives.
A rating of "Unacceptable" is assigned to proposals that are not well-conceived, scientifically or technically unsound, or otherwise fail to meet the AoI requirements/objectives. This rating removes the proposal from further consideration, and it will not advance for negotiation, or an award.
3.4.1.2 Volume II - Price
3.4.1.2.1 Price Proposal Content
The Price Volume must contain sufficient information to allow the Government to perform a basic analysis of the proposed cost or price of the work. The company must provide a narrative explanation of the price and submit as much supporting/supplementing documentation as possible to justify its proposed price. The Government reserves the right to request any other than certified cost or pricing data that the Government deems necessary to determine whether the total overall price is fair and reasonable. This can include, but is not limited to, commercial price catalog(s), previous commercial sales receipts, and/or other proprietary information to help the Government determine reasonableness and future budgetary cost estimates.
The costs associated with preparing proposals in response to AoI(s) under this CSO are unallowable as a direct charge to any resulting agreement/contract and must not be included in the Price Volume.
If the request for CSP specified that an OTA will be utilized for the award, if the company elects to use cost-sharing to satisfy the conditions of 10 U.S.C. § 4022(d)(C), its price volume submission shall provide a clear and detailed explanation of how it intends to meet this cost-sharing requirement.
3.4.1.2.2 Price Basis of Evaluation
The Government will review each proposal to assess affordability and to determine that the proposed price is fair and reasonable. Any proposals in excess of the affordability cap will not be considered for an award.
A price assessment will be performed on all affordable proposals that are selected for an award. If the Government’s price assessment concludes that the proposed price is fair and reasonable, the proposal may proceed directly to award. However, if a price is determined not to be fair and reasonable, the Government may either enter into negotiations or choose not to proceed with an award to that company.
A fair and reasonable determination does not guarantee contract/agreement award. The following will be taken into consideration: program priorities, outcome of negotiations, and availability of funds.
SECTION 4 - AWARDS
4.1 General Guidelines
Upon being selected for an award and subject to funds availability, the Government may choose to make a fixed price award either using FAR Part 12 Acquisition of Commercial Items or Other Transaction Authority such as 10 U.S.C. 4022. In order to be eligible for an OTA award, the company shall be compliant with 10 U.S.C. 4022(d). If the company’s completed W&R Form does not sufficiently describe how the company will satisfy at least one of the conditions of the statute, then the company may not be eligible for an award.
If the company proposed OTA terms and conditions, the Agreements Officer may negotiate the final terms and conditions directly with the company and will execute the resulting agreement on behalf of the Government.
In order to receive an award –
1. A company shall have a Unique Entity ID (UEI) and shall be registered and active in the System for Award Management (SAM) prior to receiving an award. Companies are advised to commence SAM registration upon perusing an AoI announcement.
2. A company shall be registered in Wide Area WorkFlow (WAWF) for invoicing and payment purposes.
3. A company must be determined to be responsible by the Contracting/Agreements Officer and must not be suspended or debarred from award by the Federal Government nor be prohibited by Presidential Executive Order and/or law from receiving an award.
Receipt of a Request for CSP does not guarantee that a company will receive an award and the Government reserves the right, at any point prior to award of a contract/agreement, to cancel the Request for CSP. The Government reserves the right to make awards to “all, some, or none” of the selected solutions.
SECTION 5 - FOLLOW-ON PRODUCTION
Upon successful completion of a prototype project under an OTA resulting from an AoI under this CSO, the Government and Company may negotiate a follow-on production contract or agreement without further competition. Any concept/technology/solution successfully proven through a Prototype OTA can be transitioned to production.
SECTION 6 - PROCUREMENT INTEGRITY ACT (PIA)
The CSO solicitation process for FAR contracts is covered by the Procurement Integrity Act (PIA). PIA is implemented for FAR contracts through FAR part 3.104. Accordingly, the CSO competitive solicitation process and awards made thereby must adhere to the ethical standards required by the PIA.
SECTION 7 – CONTACT INFORMATION
Taylor Ferguson, Contract Specialist, taylor.d.ferguson10.civ@army.mil Marta Furman, Contracting/Agreements Officer, marta.furman.civ@army.mil
SECTION 8 – AREA OF INTEREST (AOI)
Each AoI will be published as a separate announcement on SAM.gov and will reference this CSO. An AoI may specify its own unique requirements, terms, and conditions. In the event that an AoI does not provide such details, the terms and conditions of this CSO shall apply. All submissions, including solution briefs, presentations/pitches, and proposals, will be evaluated in accordance with this CSO unless otherwise specified in the specific AoI.
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