DRAFT FA527024SC001 CSO Kadena Air Base Japan.docx

18th Contracting Squadron – Kadena Air Base, Okinawa, Japan

Commercial Solutions Opening

Solicitation Number: FA5270-24-S-C001

1. General Information

1.1. Solicitation Request: 18th Contracting Squadron, Kadena Air Base, Japan is soliciting White Papers on the effort(s) identified as Area(s) of Interest to this solicitation.

1.2. Type of Contract: The Department of the Air Force (DAF) anticipates the award of a Firm-Fixed Price type contract in accordance with FAR Part 12. Offerors are encouraged to review FAR 52.212-4 and 52.212-5 for standard terms and conditions of a FAR Part 12 contract. In addition, the DAF reserves the right to award an Other Transaction (OT) for Prototype Project in accordance with 10 U.S.C. 2371b.

1.3. Estimated Program Cost: See respective AoI

1.4. Anticipated Number of Awards: The DAF does not have an anticipated number of awards per year for this announcement. However, the DAF reserves the right to award one or more, or no, contracts for all, part, or none of the proposals received.

1.5. Classified Information. Offerors are encouraged to submit unclassified White Papers to simplify and expedite reviews and response by the Government. If an Offeror deems that a White Paper must contain classified information, contact the Contracting/Agreements Officer at 18CONS.RAPIDx.Cell@us.af.mil. Classified submissions must be handled, labeled, and stored in accordance with the National Industrial Security Program Operating Manual.

1.6. Offerors must possess all required personnel security clearances, facility clearances, and other infrastructure requirements necessary to perform any proposed classified work in accordance with the Contract Security Classification Specification (DD Form 254) without reliance on Government resources.

1.7. Authority

1.7.1. 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 DFARS Subpart 212.70, contracting 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 Defense (DoD) 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. chapter 221 and FAR 6.102. Finally, Contracting Officers shall treat items, technologies, and services acquired using a CSO as commercial items. Contracts or agreements under this authority shall be fixed-price, including fixed-price incentive fee contracts

1.8. CSO Procedure

1.8.1. This CSO is a competitive solicitation posted on a Government Point of Entry (GPE) www.sam.gov continuously open until 12 October 2028. This solicitation will be updated no less frequently than annually. The Government reserves the right to extend this CSO beyond the open until date by amendment if the authority is extended. Under this CSO, the DoD may seek solution briefs, presentations/pitches and/or proposals from traditional and nontraditional business entities. This CSO is intended to seek proposals for innovative, commercial products, commercial technologies and services or adaptations/modifications of existing commercial product technologies and services to enable the seamless integration of manufacturing resources from across the enterprise to meet the DAF needs. These include, but are not limited to, quality of life enhancements, supply chain technology and risk management capabilities, maintenance and manufacturing tools, technology, and capabilities, infrastructure enhancements, flexible production and maintenance capabilities, technologies that lead to modern digital systems, workforce safety and training aids, and operational technology cybersecurity hardware, software, and services that support sustainment modernization to speed up decision making and the ability to deliver the right materiel solution to the warfighter at the speed of relevancy.

1.8.2. This CSO may result in the award of various types of contracts, which may include but are not limited to acquisition of commercially available technologies immediately available, commercially available technologies fueled by commercial or strategic investment, but also concept demonstrations, pilots, and agile development activities that can incrementally improve commercial technologies, existing Government-owned capabilities, or concepts for broad defense applications. The Government intends to award FAR-based contracts under Part 12, Acquisition of Commercial Products and Commercial Services, but reserves the right to award additional types of contracts depending on the specific Area of Interest (AoI) and industrial base responses to the AoI. Furthermore, the Government reserves the right to award OT type agreements as a result of this solicitation.

1.8.3. 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 and may be modified as requirements develop. The Government may add AoIs against this CSO at any time throughout its duration. Interested companies are encouraged to frequently check the GPE at www.sam.gov for new AoI postings. The following phases may be used:

1.8.4. Phase 1 – Submission of written solution brief,

1.8.5. Phase 2 – Presentation/Pitch (if applicable), and

1.8.6. Phase 3 – Request for Commercial Solution Proposal (CSP).

1.8.7. A CSO is considered a competitive process, intended to ensure that competitive procedures are used to the maximum extent practicable. All solution briefs, presentations/pitches and/or proposals submitted in response to any AoI will be in response to and governed by this CSO.

1.8.8. The CSO outlines the procedures that are available for utilization by the government for AoIs 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 a full written proposal):

1.8.8.1. Phase 1 Solution Briefs: A solution brief must be submitted as specified in Sections 2.1 & 2.2 of this CSO. The Government will evaluate solution briefs against the criteria stated in this CSO. The Government will not pay companies for the costs associated with solution brief submissions.

1.8.8.2. Phase 2 Presentation/Pitch (if applicable): Offerors whose solution briefs are evaluated to be of merit, may be invited to provide a presentation/pitch following the instructions provided in Sections 2.3 & 2.4 of this CSO. In the event that the Government requires a demonstration, additional information will be provided in the specific AoI highlighting those procedures, 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, unless otherwise stipulated.

1.8.8.3. Phase 3 Request for CSP: Those offerors that are evaluated to be of merit through Phase 1 or Phase 2 or a combination of these avenues, may be invited to submit a full written proposal following the instructions provided in Section 2.5 of this CSO. Request for CSPs under this CSO are subject to the availability of Government funds. The Government will not pay companies for costs associated with developing submissions regarding this CSO or related AoI, unless otherwise stipulated within the AoI.

1.8.9. NOTE: The Government reserves the right to forgo Phase 2 by directly requesting CSPs from “all or some” of the proposed solutions based on the individual merits. The Government also reserves the right to move expeditiously through the phases based on the merit of submissions if urgent requirements arise.

1.8.10. The Government may add AoIs against this CSO at any time throughout its duration. Interested companies are encouraged to frequently check the GPE website for new AoI postings.

1.8.11. Benefits of the CSO process and the potential for award include:

1.8.11.1. A streamlined application process requiring only minimal corporate and technical information for fast-track evaluation timelines for Solutions Briefs.

1.8.11.2. Negotiable payment terms for non-dilutive capital.

1.8.11.3. Negotiable intellectual property (IP) rights.

1.8.11.4. Secure and direct feedback from end users, mission partners and users within the DoD to help product teams develop and hone product design and functionality.

1.8.11.5. Each proposal is evaluated on its individual merits rather than on a comparative basis.

1.8.12. NOTE: During any step of the CSO, the government may send questions or comments for the offerors to address via email

1.9. GUIDELINES FOR SOLUTION BRIEFS, PRESENTATION/PITCHES, AND PROPOSALS

1.9.1. See FAR Part 12 for contract clauses

1.9.2. Unnecessarily elaborate brochures or proposals are not desired.

1.9.3. Use of a diagram(s) or figure(s) to depict the essence of the proposed solution is strongly encouraged.

1.9.4. Offerors 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 Team Kadena AoI.

1.9.5. The period of performance for any Solution Brief or proposal submitted under this CSO should be 1- 12 months (unless otherwise specified in the AoI).

1.9.6. Technical data with a military application may require approval, authorization, or license for lawful exportation.

1.9.7. Marking Proprietary Proposal Information. Information contained in unsuccessful proposals will remain the property of the Applicant. The Federal Government may, however, retain copies of all proposals. Public release of information in any proposal submitted will be subject to existing statutory and regulatory requirements. If proprietary information is provided by an Applicant in a proposal, which constitutes a trade secret, commercial or financial information, it will be treated in confidence, to the extent permitted by law, provided that the proposal is clearly marked by the Applicant as follows:

1.9.7.1. Proposal data the firm does not wish to make public, or to be used by the Government except for peer review, shall:

1.9.7.2. Mark the first page of each proposal volume with the following legend: "This proposal includes data that shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed-in whole or in part-for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror 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 provided in the resulting contract. 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 pages [insert numbers or other identification of sheets]"; and

1.9.7.3. Mark each sheet of data it wishes to restrict with the following legend: “Use or disclosure of data contained on this page is subject to the restriction on the first page of this volume." DoD assumes no liability for unmarked data disclosure or use and may use or disclose such data for any purpose.

1.9.8. Foreign Participation: Participation at the prime level is prohibited. Subcontracting arrangements will be handled in accordance with the International Traffic and Arms Regulation. In addition, foreign national participation will be limited to public domain information only.

1.9.8.1. Foreign disclosure reviews shall be performed before the release of information to the public on all acquisition requiring disclosure of classified or export-controlled unclassified, including sensitive unclassified information. For additional guidance on how to conduct these reviews, see Air Force Material Command Procedures, Guidance, and Instruction 5327.9001.

1.9.8.2. This acquisition involves data that are subject to export control laws and regulations. Only contracts who are registered and certified with the Defense Logistics Services Center (DLSC) and have a legitimate business purpose may participate in this solicitation. Contact the DLSC, 74 Washington Avenue N., Battle Creek, Michigan 40917-3084 (1-800-352-3572) for further information on the certification process. You must submit a copy of your approved DD Form 2345, Militarily Critical Technical Data Agreement with your proposal.

1.9.8.3. The form, instructions, and FAQs may be found at the United States/Canada Joint Certification Program website, http://www.dla.mil/HQ/InformationOperations/Offers/Products/LogisticsApplications/JCP/DD2345Instructions.aspx. Approval of the DD Form 2345 will be verified if proposal is chosen for award.

1.9.9. Questions regarding the objectives or preparation of the Solution Brief should be addressed to the POCs listed in the respective AoI.

1.9.10. Submissions shall be submitted electronically as prescribed in the respective AoI. Submissions sent through other mediums, channels, and/or after the prescribed AoI open period has ended may not be considered, reviewed nor evaluated.

1.9.11. Solution Briefs that are not invited to a Phase 2 Presentation/Pitch or Phase 3 Request for CSP will be notified in writing as soon as practicable. Further feedback may be provided, upon request, at the Contracting/Agreements Officer’s discretion.

1.9.12. Paragraph 2 of this CSO addresses additional procedures. Any Terms and conditions established at the AoI level award relevant to those addressed in AoI attachment shall take precedence.

1.9.13. You may be ineligible for award if all requirements of this solicitation are not met on the White Paper and proposal (when applicable) due date as identified above and in subsequent requests for proposals, when applicable.

2. PHASE 1, 2, & 3 CONTENT, EVALUATION, AND AWARD CRITERIA

2.1. Phase 1 - Solution Brief Content

2.1.1. The White Paper shall be limited to 5 pages, prepared and submitted in Microsoft Word format. Font shall be standard 12-pt business font Arial. Character spacing must be “normal,” not condensed in any manner. Pages shall be double-spaced (standard spacing), pages shall be double-sided (each side counts as one page), 8.5 by 11 inches, with at least one-inch margins on both sides, top and bottom. All text, including text in tables and charts, must adhere to all font size and line spacing requirements listed herein. Illustrations, flowcharts, drawings, and diagrams are part of the page count, therefore if adding such items, be mindful of the page limitation. All pages shall be numbered starting with the title page being page 1 and the last page being page 6.

2.1.2. Alternatively, Solution Briefs may take the form of briefing slides which shall not exceed fifteen (15) slides unless otherwise stated on the subject AoI.

2.1.3. Solution Briefs must include the following:

2.1.4. Offeror Name, Title, Date, Business size, Socio-Economic Status, Point of Contact Name, E-Mail Address, Phone, and Address.

2.1.5. The offeror shall specifically identify the AoI for which the Solution Brief is submitted.

2.1.6. Executive Summary: Provide an executive summary of the technology. (This is included in the 5 written pages limit or fifteen (15) slides).

2.1.7. Technology Concept: Show and/or describe how your proposed solution or potential new capabilities fulfill requirements, close capability gaps, or provide potential technological advancements in support of Team Kadena’s mission. 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 further development of commercial technology for potential defense application. 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.

2.1.8. Offeror Responsibility & Solution Viability: Provide a brief overview of the offeror. Provide a summary of current experience, qualifications, and resources or ability to obtain them in accordance with FAR Part Subpart 9.4. Provide a summary of product development, manufacturing (if relevant), and logistics strategy to the best extent possible.

2.1.9. Estimated Price and Delivery Schedule.

2.1.10. Data Rights Assertions for Commercial Items (if applicable). Identify any IP in the technology, all relevant owners and licensors, and associated restrictions on Government use. Government Support or Equipment Required: Identify the type of support or equipment, if any, the offeror requests of the Government in general terms such as access to facilities, equipment, data, materials and/or information.

2.1.11. Note: The Title Page does not count against page limit, however the executive summary does.

2.1.12. Late submissions may be determined untimely and not considered for award.

2.2. Phase 1 Solution Brief - Basis of Evaluation

2.2.1. Solution Brief evaluation criteria are listed below and of equal importance. Individual Solution Briefs will be evaluated against the evaluation criteria described below:

2.2.1.1. Interest to the DAF

2.2.1.2. Funds Availability

2.2.1.3. Technical

2.2.2. Solution Briefs will be evaluated by Team Kadena reviewers using the evaluation criteria listed above, and 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 an offeror’s viability. The Government holds the right to select all, some, or none of the solution briefs submitted in response to the AoI. The Government will endeavor to complete the Phase 1 Solution Brief evaluation of Solution Briefs within 2-3 calendar days from date of receipt, or within 2-3 calendar days of the closing of the submittal period. The Government will attempt to notify the offeror of the results of the evaluation as soon as practicable.

2.2.3. Additional technical evaluation criteria specific to a particular project may be used. In these instances, the additional criteria will be posted within, or as an attachment to the AoI on the www.sam.gov website.

2.2.4. Upon review of a Solution Brief, the Government may elect to invite all, some, or none of the proposed solutions into Phase 2, (Optional) Oral Presentation, or directly to Phase 3.

2.3. Phase 2 Presentation/Pitch Content

2.3.1. In Phase 2 if applicable, the offeror shall provide a virtual Presentation/Pitch to demonstrate and provide further details on the technical and business viability of their proposed solution. The AoI will provide specific instructions in the event the Government requires a physical or virtual demonstration. In addition to the Presentation/Pitch, the Government, at its discretion, may request an additional written submission to supplement/or clarify the information provided in the Phase 1 Solution Brief.

2.3.2. During the Phase 2 Presentation/Pitch the offeror must detail/address the following:

2.3.2.1. Expanded details and/or demonstration as provided in the Phase 1 Solution Brief

2.3.2.2. Estimated price and delivery schedule

2.3.2.3. Should the solution require assistance with testing, validation and/or capacity for scaling, provide and discuss a rough order of magnitude (ROM/ estimate) and estimated schedule for how this concept could be tested, validated or scaled.

2.3.2.4. Any IP in the technology, all owners and licensors thereof, and associated restrictions on the Government’s use of that IP, as well as an explanation of how the proposed IP, technical data, or computer software deliverables, and associated license rights, meet the Governments minimum requirements.

2.3.3. NOTE: The Government reserves the right to hold Phase 2 using virtual conferencing and record presentations.

2.3.4. In addition to these required areas, the Government may request the offeror provide additional information/detail with respect to the Technology/Concept being presented from its Phase 1 Solution Brief.

2.4. Phase 2 Presentation/Pitch Basis of Evaluation

2.4.1. individual presentations/pitches will be evaluated against the evaluation criteria below and not against any other presentations held under the same AoI. Presentation/pitch submissions must be valid for 180 days after evaluation. The Government will aim to complete evaluation of presentation/pitches within30 calendar days of the presentation/pitch. Individual Review Panels will be determined for each AoI posted under this CSO. After completing the evaluation of Presentation/Pitch submissions, the Team Kadena Review Panel will notify the offeror that:

2.4.1.1. The Government intends on award the offeror a contract;

2.4.1.2. They may submit a CSP for evaluation in Phase 3;

2.4.1.3. Their proposed concept/technology/solution is not of continued interest to the Government, and they will not be required to submit a CSP Phase 3 evaluation; or

2.4.1.4. Their proposed concept/technology/solution is of interest to the Government but is not currently eligible for an invitation for Phase 3 CSP submission due to the current lack of Government resources and/or funding.

2.4.2. NOTE: If Government funding or resources are not assigned within 180 days after a Presentation/Pitch, the Government will provide a notification of non-eligibility and officially close the AoI selection process.

2.4.3. Presentation/pitch evaluation criteria are listed below and of equal importance. Phase 2 presentations/pitches shall be evaluated on the following factors:

2.4.3.1. Interest to the DAF

2.4.3.2. Funds availability

2.4.3.3. Technical:

2.4.3.3.1. Level of relevancy of the solution in addressing the AoI with a commercially available product and/or process

2.4.3.3.2. The technical merit of the proposed solution adequately addressed the AoI need(s) and demonstrated feasibility for the Government to pursue the proposed solution;

2.4.3.3.3. Level of uniqueness, and/or innovative approach to solve the Government’s need;

2.4.3.3.4. Level of technical risk/maturity;

2.4.3.3.5. Level of risk placed with the proposed ROM;

2.4.3.3.6. Level of risk in the proposed milestone schedule and its ability to meet the AoI need within a relevant time period;

2.4.3.3.7. Level of risk in the company’s viability and business solution; and

2.4.3.3.8. Level of potential risk in anticipated IP and data rights assertions.

2.4.3.4. Upon review of a Presentation/Pitches, the Government may elect to invite all, some, or none of the Presenters into Phase 3 or issue a contract/agreement.

2.5. Phase 3 Proposal Content

2.5.1. The third and final Phase of the CSO process is the CSP. Based upon the results of Phase 1 or optional Phase 2 evaluation above, the Government may issue a Request for CSP. If that occurs, an offeror, or offerors will be invited to develop and submit a written proposal as well as negotiate appropriate terms and conditions, as applicable, governing the proposed solution and/or prototype. Each proposal submitted shall consist of two separate Volumes: Volume I Technical and Volume II Price. Each volume shall have its separate related attachments. Additional applicable forms will be provided in the AoI (as applicable).

2.5.2. Additionally, offerors are invited to provide their own internal terms and conditions that may be consolidated with those of the Government. This includes Service License Agreements and/or User License Agreements.

2.5.3. Offerors should note that there are certain terms and conditions the Government may be unable to accept. However, projects awarded through the CSO may provide flexibility to adopt customary industry standards where it is otherwise legal and meets the Government’s general public responsibility.

2.5.4. Phase 3, Section 1 - Technical Volume (Limited to 10 pages)

2.5.5. The Technical volume must include the following:

2.5.5.1. Offeror Name, Title, Point of Contact Name, Date, E-Mail Address, Phone, and Address and any subcontractors or team members. Include an abstract which provides a concise description of the proposal.

2.5.6. Propose a Technical Approach: Describe the background and objectives of the proposed work, the approach, deliverables, and the resources needed to execute and/or deliver the proposed solution and/or prototype. Include the nature and extent of the anticipated results. Include ancillary and operational issues such as certifications, algorithms, and any engineering/software development methodologies to be used. This proposal must include a Statement of Proposed Work (SOPW) identifying the work to be performed, anticipated work-breakdown structure and expected deliverables. Provide a project schedule that outlines the major milestones and deliverables within the proposed period of performance.

2.5.7. Note: Title Page (Not included in page count)

2.5.8. Phase 3, Section 2, Price Volume

2.5.9. The price volume shall contain sufficient information to allow the Government to perform a basic analysis of the proposed cost or price of the work. The Government reserves the right to request any other price data or supporting cost information the Government deems necessary to determine 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.

2.5.10. The cost of preparing proposals in response to this CSO is not considered a direct charge to any resulting AoI award or any other contract. Proposal preparation costs are not recoverable unless otherwise specified in the AoI.

2.5.11. Note: The Government reserves the right to further define the required price proposal content based upon the specific AoI requirements.

2.5.12. Phase 3 CSP Basis of Evaluation

2.5.13. Proposals will be reviewed as received by Government subject matter expert(s). In all cases, proprietary information shall be protected from competitors. The Government panel of subject matter experts will first review the proposal for adequacy, eligibility, and determine if the following requirements are met:

2.5.13.1. Interest to the DAF

2.5.13.2. Funds Availability

2.5.13.3. Technical:

2.5.13.3.1. Technical approach and respective risk elements are acceptable;

2.5.13.3.2. Proposal performance schedule & requested Gov’t support is realistic and/or adequate;

2.5.13.3.3. Proposed price is fair and reasonable.

2.5.13.3.4. Note: The Government reserves the right to further define the basis for evaluation based up specific AoI requirements.

2.5.14. Phase 3 CSP Evaluation Rating

2.5.15. The Technical Proposal Volume will be evaluated and categorized as follows:

2.5.15.1. Recommended: Proposals are recommended for acceptance if sufficient funding is available, and normally are displaced only by other Recommended proposals.

2.5.15.2. Selectable: Proposals are recommended for acceptance if sufficient funding is available, but at a lower priority than Recommended proposals. A Selectable proposal may require additional development. To ensure a diversity of approaches, a Selectable proposal may be prioritized over a Recommended proposal if the Selectable proposal presents a unique approach unlike any of the Recommended proposals.

2.5.15.3. Not Selectable: Even if funds were available, the proposal should not be funded.

2.5.16. The Price Proposal Volume will be evaluated and categorized as follows:

2.5.16.1. Fair and Reasonable: The price proposal has been evaluated and deemed fair and reasonable. Proposal submissions given this designation may proceed to the award process.

2.5.16.2. Note: A fair and reasonable price determination does not guarantee contract/agreement award. The following will be taken into consideration: program priorities, negotiations, and availability of funds

2.5.16.3. Not Fair and Reasonable: The price proposal has been evaluated and deemed too not be fair and reasonable. Proposal submissions given this designation may not proceed to the award process without negotiations that result in a fair and reasonable determination.

3. Other Transactions (OTs)

3.1. If the Team Kadena Contracting Officer decides to pursue an OT, then evaluation team will also review the proposal to determine if the following factors are met:

3.2. Fits the definition of a prototype: does/does not fit the CSO definition of a prototype;

3.3. Quantity: quantity is/is not limited to that needed to prove technical or manufacturing feasibility or evaluate military utility;

3.4. Meets mission effectiveness standard: Is/is not directly relevant to enhancing DoD mission effectiveness;

3.5. Meets 10 U.S.C. 2371b non-traditional participation/cost share requirement:

3.6. There is at least one nontraditional defense contractor or nonprofit research institution participating to a significant extent in the prototype project; or

3.7. All significant participants in the transaction other than the Federal Government are small businesses (including small businesses participating in a program described under section 9 of the Small Business Act (15 U.S.C. 638)) or nontraditional defense contractors; or

3.8. At least one third of the total cost of the prototype project is to be paid out of funds provided by sources other than the Federal Government; or

3.9. The senior procurement executive for the agency determines in writing that exceptional circumstances justify the use of a transaction that provides for innovative business arrangements or structures that would not be feasible or appropriate under a contract, or would provide an opportunity to expand the defense supply base in a manner that would not be practical or feasible under a contract.

3.10. Defense Utility: Solution is/is not applicable to a DoD platform, system, process or component.

3.11. Meets all published OT requirements.

3.12. The price will be considered as appropriate and must be fair and reasonable.

3.13. If the Team Kadena Contracting Officer decides to pursue a prototype contract (Non-OT), requirements 8.3.1-8.3.6 above will NOT be used.

3.14. Technical volumes will be reviewed as received by a government subject matter expert panel member.

3.15. In all cases, proprietary information shall be protected from unauthorized access to competitors and non- government personnel.

4. AWARDS - General Guidelines

4.1. Upon favorable review of the information provided in Phase 1, Phase 2, or Phase 3 CSP and subject to the availability of funds, the Government may choose to make a fixed price award either using FAR Part 12 Acquisition of Commercial Items or OT authority.

4.2. Due to the nature of a CSO and limited availability of funding, the Government request The Contracting/Agreements Officer reserves the right to negotiate directly with the offeror on the terms and conditions prior to execution of the resulting contract or OT, including payment terms, and will execute the contract/agreement on behalf of the Government. Be advised, only a Contracting or Agreements Officer has the authority to enter into, or modify, a binding contract or agreement on behalf of the United States Government.

4.3. In order to receive either a fixed price award either using FAR Part 12 Acquisition of Commercial Items or OT authority:

4.3.1. Offerors must have a Unique Entity Identifier (UEI) number and must register in the System for Award Management (SAM) prior to receiving an award or agreement. Offerors are advised to commence SAM registration upon receipt of a Phase 2 Presentation/Pitch request or Request for CSP.

4.3.2. Offerors must also register in the prescribed government invoicing system (Wide Area Work Flow: https://piee.eb.mil/xhtml/unauth/help/newuser.xhtml). Team Kadena and/or SBA Procurement Technical Assistance Center personnel will provide assistance to those offerors from whom a full proposal is requested.

4.3.3. Offerors must represent their small business size and status as required in this solicitation.

4.3.4. Offerors 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.

4.3.5. Receipt of a Phase 2 Presentation/Pitch request or request for Phase 3 CSP does not guarantee that an offeror will receive an award and the Government reserves the right not to award a contract/agreement.

CSO DEFINITIONS

“Area of Interest” (AoI) means an announcement posted on the 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” is a competitive procedure Contracting Officers may use to acquire innovative commercial items, technologies, or services.

“Commercial Solution Proposal” 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/pitches.

"Other Transaction” refers to the type of OT Agreement that may be placed as a result of this CSO and associated AoIs. This type of OT is authorized by 10 U.S.C. § 2371b for prototype projects directly relevant to enhancing the mission effectiveness of military personnel and the supporting platforms, systems, components, or materials proposed to be acquired or developed by the DoD, or for the improvement of platforms, systems, components, or materials in use by the armed forces. This type of OTA is treated by DoD as an acquisition instrument, commonly referred to as an "other transaction" for a prototype project or a Section 2371b "other transaction".

“Prototype Project” is defined in the DoD Other Transactions Guide (Version 1, Nov. 2018) issued by the Office of the Under Secretary of Defense for Acquisition and Sustainment: https://www.dau.edu/guidebooks/Shared%20Documents/Other%20Transactions%20(OT)%20Guide.pdf. Such project can generally be described as a proof of concept, model, reverse engineering to address obsolescence, pilot, novel application of commercial technologies for defense purposes, agile development activity, creation, design, development, demonstration of technical or operational utility, or combinations of the foregoing. A process, including a business process, may also be the subject of a prototype project. Although assistance terms are generally not appropriate in OT agreements in 10 U.S.C.

§ 2371b, ancillary work efforts that are necessary for completion of the prototype project, such as test site training or limited logistics support, may be included in prototype projects. A prototype may be physical, virtual, or conceptual in nature. The quantity of prototypes/commercial solutions should generally be limited to that needed to prove technical or manufacturing feasibility or evaluate military utility.

“Nontraditional Defense Contractor” is defined in 10 U.S.C. § 2302(9) as an entity that is not currently performing and has not performed, for at 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. This includes all small business concerns under the criteria and size standards in 15 U.S.C. 632 and 13 C.F.R. Part 121.

“Nonprofit Research Institution” means a nonprofit institution, as defined in 15 U.S.C. § 3703 as an organization owned and operated exclusively for scientific or educational purposes, no part of the net earnings of which insures to the benefit of any private shareholder or individual.

“Small Business Concerns” is defined in the Small Business Act (15 U.S.C. 632) and 13 CFR Part 121.

“Innovative” is defined as:

(1) any new technology, process, or method, including research and development that is new as of the date of submission of a proposal; or

(2) (2) any new application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date.