DRAFT_W91QEY-26-R-A002_ANAD_FORGE2.pdf
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- DRAFT Anniston Army Depot FORGE 2 Other Transaction Authority (OTA) Request for Proposal (RPP)
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- W91QEY-26-R-A002
About this file
This is a Draft Request for Prototype Proposals (RPP) for the Anniston Army Depot (ANAD) FORGE II military construction project issued by the Mission & Installation Contracting Command (MICC) under Other Transaction Authority pursuant to 10 U.S.C. § 2808(a). The RPP seeks design and construction services for four facilities at ANAD: a Component Remanufacture Facility, a Missile Maintenance Facility, a Paint Facility, and a Storage Facility. The anticipated request issue date is May 22, 2026, with prototype proposals due June 10, 2026 at 5:00 PM EDT. The U.S. Government intends to establish funding of approximately $600–$665 million for all direct and indirect costs, including design and construction, with a period of performance not to exceed 60 months. The government contemplates a single Firm-Fixed-Price (FFP) award to one qualified offeror, though multiple awards may be considered if no single offeror can accomplish the entire scope.
Offerors must provide a technical volume limited to 60 pages (excluding CAD drawings) addressing design and construction capabilities, innovation, efficiency, proposed UFC exemptions for cost/time savings, quality control, and submission of form, fit, and function data with unlimited rights to the government. A separate cost volume in Excel format must include detailed pricing for all contract line items (CLINs), with cost narratives limited to 10 pages. Offerors must secure bonding capability at the program ceiling of $600–$665 million and submit data rights assertions complying with DFARS 252.227-7017. Evaluation criteria in descending order of importance include: Technical Approach and Design, Construction Capabilities (including staffing, scheduling, and utility coordination with American Water, City Light & Power, and Puget Sound Energy), and Cost Savings Potential/Overall Costs. The government will perform a best value analysis and assign adjectival ratings (Outstanding, Good, Acceptable, Marginal, or Unacceptable). Key requirements include a one-year warranty management plan, installation visitor control center vetting, Common Access Card eligibility criteria, compliance with Unified Facilities Criteria and multiple technical codes, Davis-Bacon Act, Buy American Act, Miller Act, and CMMC requirements. An on-site visit is tentatively scheduled for May 14, 2026 at ANAD with no virtual option available.
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DRAFT ANAD FORGE Request Prototype Proposal (RPP)
April 24, 2026 Page 1 of 23
DRAFT Request Prototype Proposal (RPP) NUMBER– W91QEY-26-R-A002
“Other Transaction” Authority under 10 U.S.C. 2808(a)
Anniston Army Depot (ANAD) FORGE II
Issued by:
The United States of America
Mission & Installation Contracting Command (MICC)
2219 Infantry Post Road Office Symbol CCMI-TSC
JBSA Fort Sam Houston, TX 78234-1361
Concerning
FORGE II
Supported by AMC, IMCOM, and ANAD DPW
Anticipated Request Issue Date May 22, 2026, 2026
Anticipated Prototype Proposal Due Date: June 10, 2026 at 5:00pm EDT
April 24, 2026 Page 2 of 23
Table of Contents
1. Executive Summary
2. Administrative
4. Prototype Proposal Submission
5. Selection
6. Agreements Officer and Contacts
7. Data and Intellectual Property Rights
8. Terms and Conditions
9. Acronyms
10. Definitions
11. Attachments
April 24, 2026 Page 3 of 23
1. Executive Summary
The Anniston Army Depot (ANAD) Military Construction (MILCON) project to design and construct buildings is to build four (4) buildings with different purposes at ANAD. The four (4) buildings resulting from this OTA are a
Component Remanufacture Facility, a Missile Maintenance Facility, a Paint
Facility, and a Storage Facility. This agreement operates under Title 10, United
States Code (U.S.C.), section 2808a (Facility construction on repair: transactions other than contracts and grants) that are directly relevant to enhancing the ability of the Department of War to carry out repair and construction projects for facilities, including the planning, design, engineering, prototyping, piloting, and execution of such repair and construction projects.
Key components of the MILCON construction program include:
• Construct a Component Remanufacture Facility
• Construct Missile Maintenance Facility
• Construct a Paint Facility
• Construct a Storage Facility
The ANAD MILCON Project reflects a commitment to maintaining a state-of-the-art military fabrication and depot facilities that meets the evolving needs of the
U.S. Armed Forces and its equipment. Through these improvements, ANAD aims to enhance readiness, morale, and overall mission effectiveness.
This RPP is focused on establishing a program to demonstrate considerable time and costs savings along with project innovation for U.S. Army Facility
Modernization Efforts.
2. Administrative
2.1 Request for Prototype Proposals (RPP)
The MICC is seeking an accelerated award of the resulting OTA. There will be quick turnarounds for potential partners to consider and observe throughout the proposal process.
2.2 Funding Availability
The U.S. Government (USG) intends to establish funding of approximately $600- $665M Million for this effort in both direct and indirect cost that includes all design and construction costs born by the successful OTA awardee.
April 24, 2026 Page 4 of 23
The USG may provide additional funding and/or time for this project without any new competition. This depends on the results of the current work and what is delivered.
This could be for increasing the project's scope or for follow-up work.
Please be aware:
The estimated funding for this project is an approximation and could be changed.
All awards and funding are dependent on federal funds being available for this program.
2.3 Single Award
The MICC intends to make a single award to one qualified offeror to complete the entire scope of the OTA work. However, if the MICC determines that no single offeror can accomplish the entire work specified within this RPP, then the MICC may ask offerors to work together and make multiple awards under this RPP.
2.4 Period of Performance
The period of Performance will not exceed 60 months.
2.5 Acquisition Approach
The law, under 10 U.S.C. § 2808(a), allows the government to issue a non-competitive production follow on agreement or transaction after the current project is successfully finished.
This means that if all the work is completed as expected, the government can choose to continue to the production phase without opening the opportunity to other bidders. This is often done to streamline the process for projects that are continuations of successfully executed projects. This authority is a flexible tool intended to help the Department of Defense get access to innovative solutions more quickly.
2.6 Additional Government Participation
The USG may add additional Federal, State, or Local Government partners to the RPP or the resulting OTA.
2.7 Use of an Architect-Engineer (AE) firm
The USG intends to use an AE firm to assist with oversight during performance under this agreement. The Government will rely on Agreement Officers (AO) and Agreement Officer Representative (AOR) to provide technical directions to the Agreement contractor.
2.8 Warranty Requirements
A one-year Warranty Management Plan will be required at time of project completion.
The Contractor shall provide and manage a comprehensive one-year warranty covering all aspects of the work performed under this contract, including all
April 24, 2026 Page 5 of 23 materials, labor, and installation. This warranty period shall begin upon USG acceptance of the work. Work acceptance may be completed in phases and warranty dates may be staggered as such. Following written notification of a warranty issue, the Contractor shall respond and take corrective action within a timeframe appropriate to the urgency of the problem. Upon completion of any warranty repair, the Contractor shall submit a report detailing the cause of the issue, the corrective action taken, and the date of completion. The one-year warranty for any corrected work will restart from the beginning upon completion of the repair.
To ensure all warranties are properly documented and managed, the Contractor shall submit a detailed Warranty Management Plan as a closeout submittal. This plan must first be submitted in a preliminary phase, outlining the contractor's proposed system for managing warranty service, including the roles and responsibilities of personnel, and the proposed response and repair times for issues of varying priority.
Prior to project completion, the Contractor shall deliver the final Warranty Management Plan. This final submittal shall act as a comprehensive register of all warranties and include:
1. All manufacturer warranty certificates and information for any new equipment or components installed.
2. A detailed list of all equipment, materials, and systems covered by the one-year construction warranty.
3. For each warranted item, the register must specify the name of the item, model/serial number, its location, the warranty term with start/expiration dates, and the name, address, and telephone number of the point of contact for initiating warranty service.
4. The warranty management plan shall detail that any warranty provided shall not limit the Government’s rights to inspect or accept any aspects of the work performed with respect to latent defects, gross mistakes, and/or fraud.
2.9 Bond Letter
Bond Letter: The Offeror shall provide a letter from a qualifying surety that validates the ability to provide bonding at the contract’s program ceiling and specifies the Offeror’s aggregate and single project limits, remaining bond capacity, and impact anticipated from the proposed contract. The contract value could fluctuate up to $630 Million/5-year contract. Any fluctuation in the contract maximum value will require the bond to match dollars for dollars up to approximately $600-$665M.
3. Technical Requirements
3.1 Specifications and Codes: Offerors shall apply the Unified Facilities Criteria
(UFC) unless otherwise excepted or exempted within this RPP. Offerors are expected to propose UFC exemption or exceptions to be utilized to decrease agreement costs and decrease time to complete construction projects.
April 24, 2026 Page 6 of 23
3.1.1. Codes: The Contractor shall comply with the most recent edition at time of
RPP of all pertinent Local, State, and Federal building and life/health/safety codes, to include the following:
i. Applicable Unified Facilities Criteria (UFC)
ii. UFC 4-010-01 UFC DoD minimum Antiterrorism Standards
iii. UFC 1-200-01: General Building Requirements http://www.wbdg.org/ffc/dod/unified-facilities-criteria-ufc/ufc-1-200-01
iv. UFC 3-420-01: Plumbing Systems and International Plumbing Code
v. UFC 1-200-02: High Performance and Sustainable Building Requirements https://www.wbdg.org/ffc/dod/unified-facilities-criteria-ufc/ufc-1-200-02
vi. ASA IE&E SDD policy https://www.wbdg.org/FFC/ARMYCOE/POLICY/Army_SDD_Policy_Update _2017.pdf
vii. UFC 1-201-01 Non-Permanent DOD Facilities in Support of Military Operations
viii. EM 385-1-1 (http://www.publications.usace.army.mil/USACEPublications/EngineerManu als.aspx)
ix. National Electrical Code, NFPA 70
x. National Fire Protection Association (NFPA) Codes
xi. Telecommunication Industry Association/Electrical Industry Association
Wiring Standards (Building Telecommunication Wiring Standards)
xii. ANAD Design Standard specifications
(https://www.ANADdesignstandards.army.mil/)
xiii. ANAD Master Plan, which includes Architectural Appearance Standards
xiv. PWE-707, Standard Operating Procedure for Construction and Demolition
(C&D) Waste Planning and Reporting (available through government Project Manager [PM])
xv. National Pollutant Discharge Elimination System (NPDES) small Municipal Separate Storm Sewer Systems (MS4) Permit No. WAS-026638. Use guidance documents found at https://home.army.mil/lewis-mcchord/index.php/my-Joint-Base-Lewis-Mcchord/all-services/public_works-environmental_division/stormwater
xvi. PWE-020 Ozone Depleting Chemical (ODC) and Non-Exempt Substitute Management Plan
xvii. Washington Administrative Code (WAC) 173-340 Model Toxics Control Act- Cleanup
xviii. UFC 3 580-01: Telecommunications Interior Infrastructure Planning and Design https://www.wbdg.org/ffc/dod/unified-facilities-criteria-ufc/ufc-3-580-
xix. Standard for Electrical Safety in the Workplace, NFPA 70E
xx. Latest editions of ASHRAE Standards and Guidelines
3.2 There is a brief technical description found in Attachment 001: ANAD FORGE
Project Descriptions that each offeror should include in their prototype proposal.
April 24, 2026 Page 7 of 23
3.3 Please reference Attachment 002 for further technical and administrative requirements.
3.4 Offeror’s shall plan that each employee will require full vetting through the
Installation Visitor Control Center (VCC) to include criminal background checks. The
U.S. Government may decrease the visitor vetting requirements.
3.5 Requirements for the Issuance of Common Access Cards
Before CAC issuance, the employee(s) of the selected Offeror (i.e., “contractor employee”) requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with
Army Directive 2014‐05. The contractor employee will be issued a CAC only if performance of the prototype project involves one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on‐ site or remotely;
(2) remote access, via logon, to a DoD network using DoD‐approved remote access procedures; or (3) physical access to multiple DoD facilities or multiple non‐DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of
6 months or more.
At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management.
Additional details related to the CAC Request Process will be provided, if determined necessary, after award of any Agreement.
April 24, 2026 Page 8 of 23
4. Prototype Proposal Submission
***There will be an on-site visit tentatively scheduled for 14 May 2026 at ANAD.
There will not be a virtual option provided and there will be no make-up sessions.
Dates are subject to change. Details for the site visit will be provided on Sam.Gov***
4.1 Prototype Proposals are due by the due date on the cover page of this RPP.
Proposal shall remain valid for the U. S. Government Acceptance for 210 days.
4.1.1 Late submissions will not be accepted. Pages that exceed the required page limitations listed in section 4.2 and 4.3 will be removed, not read and will not be evaluated by the Government.
4.2 Technical Volume: Consists of Design and Construction Capabilities as outlined in Section 5.2 must be submitted in PDF format and is limited to 60 pages.
Drawings and Prints from a CAD system are not included in the page limit.
4.3 Price/Cost Volume
The cost volume must provide all cost data and should be sent in its own separate email. It must be an excel file. Any cost narratives will be limited to 10 pages and should NOT include any technical data. Offerors shall submit prices for all CLIN’s.
The Government contemplates award of a Firm-Fixed-Price (FFP) contract for all
CLINs. CLINs may be changed to Options depending on funding availability. Evaluation of the Option CLINs will not obligate the Government to exercise the Option.
4.5 Submit all files to the email address at usarmy.jbsa.acc-micc.mbx.tsc-div1@army.mil. You may need to separate the files and submit multiple emails.
Please indicate the number of each email with the total number of emails (e.g. Email
1 of x) and please follow the following naming convention [Contractor Name]_ANAD
FORGE_Prototype Proposal_EMAIL 1 of X. Emails should be limited to 25 MB size.
DoD safe is an alternative to submitting large files. Contact the AO 72 hours before submitting large files to request a DOD safe link.
4.6 Offerors should submit files in Microsoft Office formats or Adobe Acrobat (PDF – portable document format) as indicated below. ZIP files and other application formats are not acceptable. All files must be print-capable, searchable, and without a password required. Filenames must contain the appropriate filename extension
(.docx, .doc, .pptx, .ppt .xlsx, .xls or .pdf). Filenames should not contain special characters. Apple users must ensure the entire filename and path are free of spaces and special characters.
mailto:usarmy.jbsa.acc-micc.mbx.tsc-div1@army.mil
April 24, 2026 Page 9 of 23
4.7 Rejection of Proposals
The Government may reject any proposal if in the Government's best interest at any time after receipt of proposal. Examples include, but are not limited to, the following proposal conditions:
a. Failure to secure Bonding Capability as outlined in 2.9 of the Request for
Proposal
b. A proposal merely offers to perform work according to the RPP terms or fails to present more than a statement indicating its capability to comply with the RPP terms and does not provide support and elaboration.
c. The proposal contains one or more Organizational Conflicts of Interest (OCIs) that cannot be avoided or mitigated.
d. The proposal contains unbalanced pricing.
e. The proposal is not in English (American Standard) or in US Dollars.
April 24, 2026 Page 10 of 23
5. Selection
5.1 Following a preliminary screening, the Agreements Officer will forward all compliant prototype proposals to the Government for a comprehensive evaluation. Each proposal will be independently assessed against the evaluation factors detailed in this RPP. The Government's evaluation will result in an adjectival rating (as defined in Table 1) for all non-cost/price factors. Offerors must articulate how they intend to meet and, if possible, exceed the RPP's requirements; a mere restatement of a requirement is insufficient. The
Government will select the best overall offer, based upon an integrated assessment of Design, Construction Capabilities and Cost Savings
Potential/Overall Costs. An agreement may be awarded to the Offeror whose proposal conforms to the RPP’s requirements (to include all stated terms, conditions, representations, certifications, and all other information required by this RPP) and is judged by an overall assessment of the evaluation factors and sub-factors to represent the most advantageous offer to the Government. As part of making the assessment, a best value analysis will be performed determining whether exceeding the minimum requirements at an associated price provides the best value to the Government.
The evaluation factors and evaluation criteria are described below in descending order of importance.
5.2 Evaluation Factors
1. Technical Approach and Design
2. Construction capabilities
3. Cost Savings Potential / Overall Costs
5.3 Technical approach and Design
Offeror prototype proposals will be evaluated for:
1. Design(s) that meets the technical specifications within this RPP,
2. Innovation and efficiency,
3. Recommends UFC sections to be eliminated or altered for cost or time savings, UFGS, ANAD Design Standards, Attachment 002 Contract 01
Specifications_ANADFORGE_RPP,
4. is complete and thorough,
5. brings commercial practices to the USG,
6. Quality Control & Management
6.1 Project quality evaluation consideration:
April 24, 2026 Page 11 of 23
6.2 Ensuring Quality in Construction: What is the Contractor’s approach to ensuring aggressive timelines do not degrade quality of construction;
6.3 Submittal/product approval timelines and interaction with the Government.
6.4 How does an offeror provide opportunities for inspection without slowing down production rates.
7. and offers innovation where asked under attachment 001. Innovation must not reduce reliability or operability.
5.4 Construction Capabilities
Offerors’ prototype proposals will be evaluated for the offeror’s:
1. construction capabilities,
2. Staffing and Key Personnel,
3. Offeror’s realistic ability to complete all projects according to a USG accepted design,
4. A construction schedule that shows the maximum number of projects completed within one calendar year from project award,
5. Schedule showing the rest of the projects are completed as efficiently as possible while maintaining cost savings and quality of construction as key metrics,
6. Coordination with ANAD private utilities. The successful contractor shall be responsible for the comprehensive coordination of all utility services and any required outages for the duration of the project. All utility outages, including but not limited to water, sewer, electrical, and natural gas—must be formally coordinated and approved a minimum of
14 calendar days in advance to minimize disruption to operations. This includes close coordination with the privatized utility owners. For all work related to water and sanitary sewer systems, the contractor must coordinate directly with American Water (AW) for connections, modifications, and inspections. Similarly, any activities impacting the electrical distribution system require direct coordination with City Light
& Power (CLP). For work affecting natural gas infrastructure, the contractor must coordinate with the service provider, Puget Sound
Energy (PSE). Adherence to the standards, requirements, and inspection protocols of these utility entities is mandatory for all related work and must be discussed with the Government at all stages; and i.
7. Any other information that the offeror can provide that tends to demonstrate new construction techniques or technologies to improve military installations or facilities.
5.5 Price and Cost Saving Potential
April 24, 2026 Page 12 of 23
The Price Proposal will be evaluated on whether the price proposal provided to the Government includes up to four (4) projects within the estimated approximately $600-$665M total budget and provides a clear, detailed price breakout for each project as a separate CLIN. Proposals that substantiate including all four (4) projects and substantiate exceeding the criteria above represent the best value to the U.S. Government.
The offeror should capture cost saving opportunities within the proposal for each key area by noting the specific effort to be altered, reduced or eliminates, and the associated cost reductions:
1. Administrative
a. e.g. –Reducing the required number of submittals.
2. Technical Approach & Design
3. Construction Capabilities & Schedule
5.6 Adjectival Merit Ratings.
Table 1 below notes the adjectival ratings that will be assigned to the evaluation factors.
Table 1: Adjectival Merit Ratings
Rating Description
Outstanding
Proposal indicates an exceptional approach and understanding of the requirements and contains multiple strengths, and risk of unsuccessful performance is low.
Good
Proposal indicates a thorough approach and understanding of the requirements and contains at least one strength, and risk of unsuccessful performance is low to moderate.
Acceptable
Proposal meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.
Marginal
Proposal has not demonstrated an adequate approach and understanding of the requirements, and/or risk of unsuccessful performance is high.
April 24, 2026 Page 13 of 23
5.7 General terms used in Evaluations, Defined
Significant Strength. An aspect of an offerors’ proposal that has appreciable merit or appreciably exceeds specified performance or capability requirements in a way that will be appreciably advantageous to the Government during contract performance.
Strength. An aspect of an offerors’ proposal that has merit or exceeds specified performance or capability requirements in a way that will be advantageous to the Government during contract performance.
Weakness. A flaw in the proposal that increases the risk of unsuccessful contract performance.
Significant Weakness. A flaw in the proposal that appreciably increases the risk of unsuccessful contract performance.
Deficiency. Any part of an offer that does not conform to a material requirement of an RPP. A material requirement is one that affects price, quantity, quality, or delivery, or that the RFP requires to be met at the time of proposal submission.
Uncertainty. Any aspect of a non-cost/price factor proposal for which the intent of the offeror is unclear (e.g., more than one way to interpret the offer or inconsistencies in the proposal indicating that there may have been an error, omission or mistake).
Unacceptable
Proposal does not meet requirements of the RPP, and thus, contains one or more deficiencies, and/or risk of unsuccessful performance is unacceptable. Proposal is not awardable.
April 24, 2026 Page 14 of 23
6. Agreements Officer and Contacts
6.1 The Agreements Officer is:
Jennifer L. Hastedt
Agreements Officer
HQ Mission & Installation Contracting Command (MICC)
Theater Support Center (TSC)
2219 Infantry Post Road
JBSA Fort Sam Houston, TX 78234-1361
Office Symbol CCMI-TSC
Teams Phone Number (520) 944-7122
Please send all email to usarmy.jbsa.acc-micc.mbx.tsc-div1@army.mil you may CC the AO’s NIPR email at jennifer.l.hastedt2.civ@army.mil.
6.2 The U.S. Government will appoint both primary and alternate Agreements Officer
Representative (AORs) with the OTA award. All Agreements Officer Representatives
(AORs) will have a letter detailing duties and responsibilities which will be provided to the selected offer with OTA award.
6.2.2 The planned AORs are:
Primary:
Alternates:
mailto:jennifer.l.hastedt2.civ@army.mil
April 24, 2026 Page 15 of 23
7. Data and Intellectual Property Rights
7.1 The ANAD FORGE program's success is contingent upon the practical application of its intellectual property. All generated intellectual property assets— including designs, technical data, software, and inventions—must be transitioned into specific military or commercial applications. Intellectual property is defined to include, but is not limited to, inventions, reports, technical data, software, computer codes and trade secrets.
1. DEFINITIONS.
“Data” means computer software, computer software documentation, and technical data (as defined in DFARS 252.227-7013 and DFARS 252.227-7014).
“Government purpose rights” means the rights to (i) use, modify, reproduce, release, perform, display, or disclose Data within the Government without restriction; and (ii) release or disclose Data outside the government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose that Data for United States
Government purposes. Government Purpose Rights will allow the Government the right to practice, obtain, reproduce, publish, or otherwise use in any part of the world for purposes of the Government (including competitive procurement), and to authorize others to do so for Government purposes. Government purposes do not include the right to use, modify, reproduce, release, perform, display, or disclose technical data for commercial purposes or authorize others to do so.
“Unlimited rights” means rights to use, modify, reproduce, perform, display, release, or disclose Data in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so.
“Technical data” means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.
April 24, 2026 Page 16 of 23
“Form, fit, and function data” means technical data that describes the required overall physical, functional, and performance characteristics (along with the qualification requirements, if applicable) of an item, component, or process to the extent necessary to permit identification of physically and functionally interchangeable items.
“Computer software” means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.
“Computer software documentation” means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.
2. DATA RIGHTS
The Government shall select the following Data Rights Scheme for any Prototype
Project Award (PPA) under this OTA:
The following types of Data generated or developed by the Vendor while performing under this Agreement or a subsequent PPA will be furnished or delivered to the Government with Unlimited Rights: form, fit, and function data;
data necessary for operation, maintenance, installation, or training purposes
(other than detailed manufacturing data); studies, analyses, test data, or similar data; and computer software documentation.
The license rights for all other Data generated or developed by the Vendor while performing under this Agreement or a subsequent PPA may be negotiated prior to award of any PPA awarded under this OTA.
April 24, 2026 Page 17 of 23
3. DATA RIGHTS ASSERTIONS
Vendors are required to specifically identify Data Rights Assertions related to
Data deliverables. A Vendor's failure to submit, complete, or sign the aforementioned Data Rights Assertions with its offer may render the proposal ineligible for award of a PPA. The Vendor’s Data Rights Assertions must comply with the content and formatting requirements for Data and Software Rights
Assertions set forth in DFARS 252.227-7017. More specifically, the Vendor's
Data Rights Assertions shall comply with the following requirements:
1. The Vendor shall not assert license restrictions on items, component, or processes themselves. The asserted license restrictions shall pertain to software or technical data that relates to items, components, or processes.
2. The Vendor's Assertions shall not include Data that will not be furnished to the Government under this PPA.
3. The Vendor shall provide a concise (but specific) description of the Data deliverables that will be furnished to the Government with restrictions, rather than generically asserting license restrictions in "technical data" or "technology".
4. The Vendor is responsible for ensuring that Data Rights Assertions from its subcontractors comply with the aforementioned content and formatting requirements.
Vendors shall provide Data Rights Assertions in a tabular format prescribed in
DFARS 252.227-7017. However, in addition to the content and formatting requirements set forth in DFARS 252.227-7017, the Vendor’s Data Rights
Assertions table shall list Data items that the Vendor intends to furnish to the
Government with and without license restrictions. Thus, the Data/Software
Rights Assertions table may include technical data and software items that are provided to the Government with an “unlimited rights” license. Further, the
April 24, 2026 Page 18 of 23
Vendor shall comply with the restrictive marking requirements set forth in DFARS
252.227-7013(f) and DFARS 252.227-7014(f).
5. PATENTS –
Relative to patents, the Vendors agree to incorporate by reference the following
FAR and DFARS clauses: FAR 52.227-1, FAR 52.227-2, FAR 52.227-3, DFARS
252.227-7038 (or FAR 52.227-11 and DFARS 252.227-7038, if Small Business or
Nonprofit Organization). Relative to all of the FAR and DFARS clause references throughout this section, the term “contract” shall read “Agreement”, the term
“contractor” shall read “Vendor”, and the term “Contracting Officer” shall read
“Agreements Officer.”
6. JOINT SUBJECT INVENTIONS –
Title to a Subject Invention made jointly by a Government employee and a
Vendor employee –shall be held jointly by the Government and the Vendor. The
Vendor shall have the initial option to file a patent application on a joint subject invention at its own expense. If the Vendor declines to file or complete prosecution of a patent application, the Vendor waives co-ownership interest and agrees to assign its title to the joint subject invention to the Government.
7. COPYRIGHT –
Works Created Solely by the Vendor: A Vendor retains all ownership to copyrights for original works of authorship created solely by Vendor’s employees in the course of performance of work under this Agreement. The Vendor grants to the Government a royalty-free, nonexclusive, irrevocable license in accordance with the Data Rights provisions of the PPA.
Jointly Created Works: Ownership to copyrights for original works of authorship created jointly by a Government employee and a Vendor employee in the course of performance of work under this Agreement is vested in the Vendor. The
Vendor grants to the Government a royalty-free, nonexclusive, irrevocable license in accordance with the Data Rights provisions of the PPA.
April 24, 2026 Page 19 of 23
Copyright Statement: A Vendor will include the following statement on any text, drawing, mask work or other work of authorship that may be copyrighted under
Title 17 of the US Code, which is created in the performance of this Agreement:
“The U.S. has a copyright license in this work pursuant to an Other Transaction
Agreement.”
Copyright Notice: The Vendors may include a notice of copyright as prescribed in
Section 401 or 402 of Title 17 of the US Code.
Flow Down: The Vendor shall include this Article, suitably modified, in all subawards as a result of issuance of a Agreement.
April 24, 2026 Page 20 of 23
8. Terms and Conditions
Successful awardee will be responsible for following the Terms and Conditions outlined Attachment 004, “MICC_CONSTRUCTION_ OTA_T&C_FORGE ver04022026”. The Agreements Officer is required to implement the law at a minimum.
Davis Bacon Act
Buy American Act
Miller Act
CMMC
April 24, 2026 Page 21 of 23
9. Acronyms
AE
AMC
AO
AOR
Architect-Engineering Army Materiel Command Agreement Officer Agreement Officer Representative
ASA IE&E
ASHRAE
CAC
CSAM
CSRP
CTC
DFARS
DOD
DOW
DPW
FAR
FORGE
IMCOM
ANAD
JBSA
MICC
NACI
NAICS
NFPA
NIPR
OTA
PCAS
SDD
SOO
TSC
Assistant Secretary of the Army for Installations, Energy and Environment American Society of Heating, Refrigerating, and Air Conditioning Engineers Common Access Card Construction Scale Additive Manufacturing Central Shipping and Receiving Point Combat Transaction Authority Defense Federal Acquisition Regulation Supplement Department of Defense Department of War Directorate of Public Works Federal Acquisition Regulation Facilities, Operations, Readiness, Growth and Experience
(FORGE)
Installation Management Command Anniston Army Depot Joint Base San Antonio
Mission and Installation Contracting Command National Agency Check with Inquiries North American Industry Classification System National Fire Protection Association Non-Classified Internet Protocol Router Network Other Transaction Authority Post Construction Award Services Portable Document File Sustainable Design and Development Statement of Objectives Theater Support Center
UFC
UFGS
USG
U.S.C.
Unified Facilities Criteria Unified Facilities Guide Specifications United States Government United States Code
VCC Visitor Control Center
April 24, 2026 Page 22 of 23
10. Definitions
1. The term "military construction" as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in section 210 of title
23).
A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law).
2. The term "appropriate committees of Congress" means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the
Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
3. The term "facility" means a building, structure, or other improvement to real property.
4. The term "life-cycle cost-effective", with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure.
5. The term "military installation" means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department or, in the case of an activity in a foreign country, under the operational control of the Secretary of a military department or the Secretary of Defense, without regard to the duration of operational control.
6. The term "Secretary concerned" includes the Secretary of Defense with respect to matters concerning the Defense Agencies.
April 24, 2026 Page 23 of 23
11. Attachments
Number Title Revision Date # of Pages
0001 ANAD_FORGE2_Project 1_24 Apr 2026_ Remanufacture _Facility
April 24, 2026 17
0002 ANAD_FORGE2_Project 2_24 Apr 2026_MissileMaintenance
April 24, 2026 240
0003 ANAD_FORGE2_Project 3_24 Apr 2026_PaintFacility
April 24, 2026 238
0004 ANAD_FORGE2_Project 4_24 Apr 2026_StorageFacility
April 24, 2026 8
0005 ANAD_FORGE2_Attachment 0005_DRAFT_CLIN_Structure
April 24, 2026 Excel
0006 ANAD_FORGE2_Attachment 0006_Draft Statement of Objectives
April 24, 2026 9
0007 ANAD_FORGE2_Attachment 0007_Draft Terms and Conditions
April 24, 2026 95
File details come from the government source that posted it. Updated .