Q&AsII.docx

QUESTIONS and ANSWERS II Updated 15 August 2019

Q: What is the intended payment schedule? Is it uniform monthly payments? Quarterly? Some other format?

A: Progress Payment clause 52.232-16, with Alternate I is added to the solicitation.

Q: Are the Individual Reports in ‘Exhibit A’ “Not Separately Priced” or is the Entire CLIN0002 Not Separately Priced?

A: CLIN0002 consists of 22 Reports/CDRLS as shown in ‘Exhibit A’. Therefore, the entire CLIN0002 which consists of 22 Reports/CDRLS from ‘Exhibit A’ are “Not Separately Priced”.

Q: It appears from the SOW that all we need to do is fill in cost numbers in section B of the solicitation without explanation for how we arrived at these numbers. Please confirm that this is correct.

-As a matter of understanding, can we/ should we put in a brief explanation for the costing of each CLIN, or simply the dollar amount?

A: No need for a brief explanation for the costing of each CLIN. We simply need the dollar amount.

Q: Can we put in the total number for CLIN001, and specify NSP for the other CLIN's or do you need a price breakdown by CLIN even though we are only judged by the total price.

A: Please follow the solicitation: CLIN0001, CLIN0003 & CLIN0004 shall be priced (FFP). The only CLIN Not Separately Priced is CLIN0002.

Q: In CLIN0004 under travel, what does LO mean (p4 of the contract)? On p5, where do we get the associated document FD20201901530, what does "other than high value item" mean? and what is the relevance to establishing a price for CLIN0004?

A: LO means LOT, associated Doc. number FD20201901530 is the Purchase Request number (PR) for this requirement, “Other than high Value Item” – please see FAR clause 52.246-25 (Limitation of Liability -- Services (Feb 1997), CLIN0004 Travel CLIN is FFP to ensure its IAW JTR.

Q: I assume section G (WAWF) will be filled out by the CO once the contract is awarded. Please confirm A: Yes Section G (WAWF) will be filled out once contract is awarded.

Q: I also assume that the section "ITEM UNIQUE IDENTIFICATION AND VALUATION" will be filled in once the work has begun, in its appropriate time frame of the schedule that will be determined after the SRR kick-off meeting. Please confirm A: FAR clause 252.211-7003 ITEM UNIQUE IDENTIFICATION & VALUATION will be DELETED (We don’t need an IUID in the prototype, we need the IUID Marking Plan IAW CDRL A103 in CLIN0002 and this clause do not apply)

Q: p11 says "assigned to contract number" but doesn't give the contract number-- please advise if we need to fill in anything there.

A: Leave it blank

Q: Section K, p19 has $15 for revenue of small business-- I thought it was $15,000,000; is there any significance to $15 instead of $15M?

A: $15.0 IAW SB size standards is $15.0 million. FYI solicitation will be AMENDED to reflect the use of NAICS CODE 541330 EXEPTION A $38.5M for Military and Aerospace Equipment and Military Weapons size standard (See Small Business Size Standard on line).

Q: The "rights in technical data" section has given us some pause as the technology we can use in this effort originates from SBIR contracts that are covered under SBIR data rights. Please advise how we should fill this in.

A: The government’s intent is to get an unlimited Rights to the Data. Solicitation will be amended to specify unlimited data rights in CLIN0003 IAW DFARS clause 252.227-7013 (B)(1) below:

252.227-7013 Rights in Technical Data--Noncommercial Items.

(b) Rights in technical data. The Contractor grants or shall obtain for the Government the following royalty free, world-wide, nonexclusive, irrevocable license rights in technical data other than computer software documentation (see the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause of this contract for rights in computer software documentation):

(1) Unlimited rights. The Government shall have unlimited rights in technical data that are—

(i) Data pertaining to an item, component, or process which has been or will be developed exclusively with Government funds;

(ii) Studies, analyses, test data, or similar data produced for this contract, when the study, analysis, test, or similar work was specified as an element of performance;

(iii) Created exclusively with Government funds in the performance of a contract that does not require the development, manufacture, construction, or production of items, components, or processes;

(iv) Form, fit, and function data;

(v) Necessary for installation, operation, maintenance, or training purposes (other than detailed manufacturing or process data);

(vi) Corrections or changes to technical data furnished to the Contractor by the Government;

(vii) Otherwise publicly available or have been released or disclosed by the Contractor or subcontractor without restrictions on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the technical data to another party or the sale or transfer of some or all of a business entity or its assets to another party;

(viii) Data in which the Government has obtained unlimited rights under another Government contract or as a result of negotiations; or

(ix) Data furnished to the Government, under this or any other Government contract or subcontract thereunder, with—

(A) Government purpose license rights or limited rights and the restrictive condition(s) has/have expired; or

(B) Government purpose rights and the Contractor's exclusive right to use such data for commercial purposes has expired.