Fangorn RFS.pdf

Other Transaction Authority (OTA)

Request for Solutions (RFS)

Note: Please advise DISA as soon as possible via email to disa.scott.ditco.mbx.ps84-other-transaction-authority@mail.mil if your organization intends to submit a Solution Brief to DISA in response to this RFS.

*Solution Briefs are due on 23 December 2024 at 1:00 p.m., CST. Any submissions that are received by the Agreements Officer/Agreements Specialist after the deadline will be deemed late and not evaluated. It is the sole responsibility of the company to ensure that its submission is received in the inbox listed above before the deadline specified.

This RFS may result in the Government awarding a prototype OT in accordance with 10 U.S.C. § 4022. This RFS, and any OT awarded from this RFS, is not subject to the Federal

Acquisition Regulations (FAR) or its supplements.

Project Number DISA-OTA-25-R-FANGORN

RFS Title Project Fangorn

Issued By

Defense Information Systems Agency (DISA)

Other Transaction (OT) Agreement Team www.DISA.mil

*Solution Briefs Due

Date/Time (Suspense) 23 December 2024, 1:00 p.m., CST

Submit Solution Brief To

DITCO OTA Team: disa.scott.ditco.mbx.ps84-other-transaction-authority@mail.mil

Agreements Officer: Shaun Bright

Agreements Specialist: Ashley Fleming

SECTION 1 OVERVIEW/DESCRIPTION

1.1. Authority.

DISA is the combat support agency entrusted with the Department of Defense (DoD) information network (DODIN). DISA’s mission is to conduct DODIN operations for the joint warfighter to enable lethality across all warfighting domains in defense of the United States. It is DISA’s responsibility to transform and integrate its capabilities and services to best support the DoD. DISA has interest in adopting innovative and emerging technologies to further its operational capabilities. DISA seeks to create valued partnerships with industry and non-profit organizations to shape IT innovation towards solving its information system challenges.

DISA/DITCO utilizes Other Transaction (OT) agreements under the authority of 10 U.S.C. § 4022 to partner with nontraditional and traditional defense contractors and non-profit research institutions to carry out prototype projects that are directly relevant to enhancing the mission effectiveness of military personnel and the supporting platforms, systems, components, and/or materials proposed to be acquired or developed by the DoD, or the improvement of platforms, systems, components, and/or materials in use by the armed forces. The information provided in this Request for Solutions (RFS) is intended to ensure that, to the maximum extent practicable, competitive procedures are used when entering into agreements to carry out these prototype projects.

1.2. Background.

DISA J-9 is transforming the way it delivers hosting and compute solutions across the DoD. This transformational strategy is needed to not only help the DoD embrace “Cloud” as the future of compute hosting, but also position DISA as a leader in the cloud hosting arena. This strategy is driving toward solutions that are hybrid, multi-cloud, and distributed cloud. It is evident that the commercial industry is on the cutting edge of cloud support and hosting. To ensure DISA and the DoD maintain a strong and robust computing infrastructure, strong ongoing partnerships must be forged with industry leaders and adopt innovative commercial technologies for use in the Government. Partnering with industry to achieve these objectives is paramount for DISA J-9’s success.

DISA J-9 is seeking innovative solutions from industry to develop a single environment that rationalizes and encompasses all IBM z environments managed by the J-9 within DISA data centers, merging disparate software and hardware components into a modernized infrastructure and services offering. The OT prototype, titled Project Fangorn, will include a modern technology implementation strategy to achieve a rapid deployment of the new prototype and migration of existing workloads hosted in the J-9’s current IBM z environments.

1.3. Problem Statement.

DISA J-9 currently manages multiple IBM z hosting environments (including z/Operating System (OS) and Linux on z) that are isolated and independent of one another. The current mainframe computing offering is 30+ years old and hasn’t changed much over this time. Each environment is unique, leverages different processes, and hosts disparate applications with unique supporting software. To streamline systemes administration, the J-9 aims to develop a management plane that centralizes all current IBM z hosting environments and capabilities with additional improvement capabilities and innovative processes, into a single centralized control plane (a “single pane of glass”).

Each environment also has its own unique system software, configuration, administration, and access controls (including privileged access) resulting in cumbersome management processes. Additional requirements negatively impact management efficiencies and increase overall costs. Furthermore, adding more environments or additional software capabilities can exponentially increase the complexity and administrative overhead which is contrary to DISA’s goal to reduce cost and redundancy. These costs, management complexities, and burdensome issues associated with administering multiple standalone environments can be significantly reduced through the development and deployment of a centralized, customizable control plane paired with a standardized and integrated hardware/software solution.

Project Fangorn seeks to provide a first of its kind accredited production mainframe IBM z platform in the cloud. To the Government’s knowledge, there are currently no commercial off-the-shelf (COTS) production mainframe accredited cloud offerings and current J-9 mainframe solutions are not scalable with software and legacy customer requirements. DISA provides atypical large mainframe service offerings. Additionally, costly migrations and refactoring can disrupt the evolution of established applications. Fangorn is expected to offer a low-cost, low-risk alternative for traditional mainframe applications to evolve at their own pace as application owners seek to meet their strategic goals towards cloud readiness.

1.4 . Desired Solution Attributes.

a. A fully functional prototype must include the following capabilities, functions, and/or features:

(1) Integrated hardware and software as a service infrastructure

(2) Single software-as-a-service solution for sustaining and modernizing mainframe applications

(3) Hosted on-premises

(4) Unified and customizable control plane for additional internal services

(5) Multi-Tenancy support with full customer environment segmentation

(6) Utility-based billing and reporting (pay-as-you-go)

(7) Elasticity and Automated Scalability of IBM z physical hardware within the stack

(8) Role Based Access Control (RBAC) for granular security management of tenant access

(9) Interoperability support for existing J-9 enterprise level tools

(10) Monitoring and Alerting

(11) Integrated file and image level backup solution

(12) Full disaster recovery and migration solution to allow agnostic migration capabilities

(13) Application development features

(14) User training

b. Preference will be given to proposed solutions with the following additional attributes:

(1) Infrastructure as Code (IaC) and Configuration as Code (CaC) ready for Ansible and Terraform

(2) Automated asset scalability

(3) Zero-Trust architecture

(4) High Availability (HA) implementations for resources

(5) Migration services

c. Additional information on the desired solution attributes listed above are included as Attachment 1 to this RFS.

SECTION 2 - REQUEST FOR SOLUTIONS (RFS) PROCEDURE

This RFS is a competitive solicitation seeking solutions for innovative, commercial technologies that can accelerate attainment of defense capabilities. Subject to the availability of funds, DISA/DITCO intends to award a prototype OT in accordance with 10 U.S.C. § 4022. This RFS, and any OT awarded from this RFS, is not subject to the Federal Acquisition Regulations (FAR) or its supplements. The Government reserves the right to cancel this RFS if no Solution Briefs satisfy the criteria outlined in this RFS and/or if no funding becomes available.

This RFS consists of three phases - Solution Brief, Pitch, and full written proposal:

Phase 1 Solution Briefs: Solution Briefs shall be submitted as specified in Section 3 of this RFS. The Government will evaluate Solution Briefs against the criteria stated in this RFS. The Government will not pay Companies for the costs associated with Solution Brief submissions.

Phase 2 Pitch Session: Companies whose Solution Briefs are evaluated to be of merit may be invited to provide a pitch as specified in Section 3 of this RFS. The Government reserves the right to limit the number of Companies invited to pitch. If the Government requires a demonstration in Phase 2, additional information will be provided in the invitation to the Pitch, otherwise Phase 2 will be comprised solely of the Pitch. The Government will not pay Companies for costs associated with pitches or demonstrations.

Phase 3 Proposal: Those Companies whose Solution Brief and Pitch are evaluated to be of merit and are selected for potential award of a prototype OT may, if funding is available, be invited to submit a full written proposal as specified in Section 3 of this RFS. The Government will not pay Companies for costs associated with the Request for Prototype Proposal (RPP) (e.g., proposal development, negotiations) in Phase 3.

SECTION 3 - GUIDELINES FOR SOLUTION BRIEFS, PITCHES, AND PROPOSALS

3.1 General Guidelines.

a. Unnecessarily elaborate brochures or proposals are not desired.

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

c. Companies may submit multiple Solution Briefs in response to this RFS if each submission represents a separate and distinct concept.

d. The period of performance for any Solution Brief or proposal submitted under this RFS should be no greater than 12 months.

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

f. All Solution Briefs, Pitches, and Proposals SHALL BE UNCLASSIFIED. Solution Briefs, Pitches, and 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 on the cover page:

“This [select one: Solution Brief, Pitch, or 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 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 the 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.”

g. 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 an agreement based upon a submission may depend upon the ability of the Foreign-Owned business to obtain necessary clearances and approvals to obtain controlled/restricted information.

h. Submissions must be submitted electronically via the instructions outlined in the cover page of this

RFS.

i. Submissions sent through other channels or after the RFS period has ended will not be reviewed nor evaluated.

3.2. Phase 1 Solution Brief.

Solution Briefs should not exceed 6 typed pages (11-point font or larger, single-sided, 8.5 x 11-inch pages with 1-inch margins) or, alternatively, Solution Briefs may take the form of briefing slides which should not exceed 15 slides. The Government will not consider inserted textboxes/pop-ups or internet links to additional information as part of the Solution Brief and will not consider such information in its evaluation of solutions. Solution Briefs should include the following at a minimum:

a. Title Page (does not count against page limit)

Company Name, Title, Date, Point of Contact Name, E-Mail Address, Phone, and Address. If registered in SAM.gov, include the Commercial and Government Entity (CAGE) code, and Unique Entity Identification (UEI) code.

Specifically identify the RFS for which the Solution Brief is submitted.

b. Executive Summary (one page)

Provide an executive summary of the technology.

c. Technology Concept

Describe the unique aspects of your technology and the proposed work as it relates to the RFS.

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 application. If development or adaptation is proposed, identify a suggested path to mature the technology. Identify aspects which may be considered proprietary.

d. Company Viability

Provide a brief overview of the Company. Provide a summary of current fundraising to date or a summary of the top line (gross sales/revenues). Provide a summary of product commercialization and go-to-market strategy.

e. Affirmation of Business Status Certification Form (does not count against page limit)

Included as Attachment 2 to this RFS. Include a separate form for each company that would be a participant to the prototype project, if awarded an OT.

f. Intellectual Property Statement/Agreements/Disclosures (does not count against page limit)

Included as Attachment 3 to this RFS. As needed, include a separate disclosure for each company that would be a participant to the prototype project, if awarded an OT.

The Government may be unable to evaluate the Solution Brief if a Company fails to provide the information requested above.

3.3. Phase 2 Pitch Session.

Companies invited to Phase 2 will provide an in-person or virtual Pitch to demonstrate and provide further details on their proposed concept/technology/solution and the technical and business viability of the proposed solution. The Government may elect to use external market research during Phase 2 to evaluate a Company’s viability. During the Phase 2 Pitch, the Company must also detail/address:

a. Estimated Price/Schedule

Provide a rough order of magnitude (ROM) price and notional schedule for how this concept may be prototyped within the DoD.

b. Data Rights Assertions

Identify any intellectual property (IP) involved in the effort and associated restrictions on the Government’s use of that IP. Additionally, identify any desired IP or data right assertions on the works developed under the performance of the project, if applicable.

In addition to these required areas, the Government may request the Company provide additional information/detail with respect to the Technology Concept information provided in the Phase 1 Solution Brief.

3.4. Phase 3 Proposal.

The final phase of the RFS process is the Request for Project Proposal (RPP). The Government will issue a RPP to the Company(ies) invited to Phase 3. Companies invited to Phase 3 will develop and submit a full written proposal and negotiate appropriate terms and conditions governing the prototype project.

Companies may discuss ideas and details of the proposal during the proposal writing process with the Government.

Each proposal submitted shall consist of two sections: Section 1 shall provide the technical proposal;

Section 2 shall address the price/cost/schedule portions of the proposal. These proposals will be assessed by DISA subject matter experts. Companies may propose their own internal terms and conditions (e.g., Service License Agreements (SLA) and/or End User License Agreements (EULA)) to be considered during negotiations with the Government. Companies should note that there are certain terms and conditions the Government is unable to accept. However, projects awarded through this RFS are flexible to adopt customary industry standards where it is otherwise legal and where it meets the Government’s needs.

Section 1 Technical Proposal

a. Title Page

Company Name, Title, Point of Contact Name, Date, E-Mail Address, Phone, and Address and any subcontractors or team members. If registered in SAM.gov, include the Commercial and Government Entity (CAGE) code, and Unique Entity Identification (UEI) code.

b. Propose a Technical Approach

Describe the background and objectives of the proposed work, the approach, deliverables, and the resources needed to execute it. 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 Project Execution Plan (PEP) identifying the work to be performed and the deliverables. Provide a detailed project schedule that outlines the various phases of work to be accomplished within the proposed period of performance. You may refer to the Solution Brief that prompted this proposal request, but do not duplicate it.

c. Government Support Required

Identify the type of support, if any, the Company requests of the Government in general such as facilities, equipment, data, and information or materials.

Section 2 Price Proposal

The Company shall propose a total price to complete the prototype project and provide any other data or supporting information that is necessary for the determination of a fair and reasonable price. This can include, but is not limited to, a commercial price catalog or other proprietary information to help the Government assess project cost.

Additionally, while not required to be specifically addressed in the proposal (with the exception of the 1/3 cost-share requirement, if applicable), the Government will review the proposal to determine if the following statutory requirements are met:

a. Fits the definition of a prototype.

b. Quantity is limited to that needed to prove technical or manufacturing feasibility or evaluate military utility.

c. Meets mission effectiveness standard: Is directly relevant to enhancing DoD mission effectiveness.

d. Meets non-traditional participation/cost share requirement: Non-traditional defense contractor contributes to a significant extent or not; if not, 1/3 cost share implementation is addressed.

f. Defense Utility: Solution is applicable to a DoD platform, system, or component.

SECTION 4 – EVALUATION APPROACH

The Government will employ a three-phased evaluation approach for the award of the Fangorn prototype OT. Throughout the evaluation, the Government reserves the right, but is not obligated, to ask companies questions about their solution. An award may be made to the Company whose solution is determined to be the most compelling and innovative to meet the Government problem statement, affordable, and meets the evaluation criteria outlined in each phase.

4.1. Phase 1 Solution Brief - Basis of Evaluation

All solution briefs correctly submitted in response this RFS will be evaluated against the stated criteria below:

a. Relevance of the Solution Brief in addressing the RFS problem statement;

b. Whether the Company’s approach and/or underlying technology is unique, underutilized in the Government, and/or innovative to Government application. In addition, whether the Government finds the approach and/or underlying technology to be a compelling solution to the RFS problem statement.

c. Technical Merit and feasibility of the solution to address the RFS problem statement.

The Government will not further evaluate Solution Briefs evaluated as not relevant.

Solution Briefs will be evaluated based on the merit of the proposed concept in addressing the RFS, not against other Solution Briefs submitted in response to the same RFS.

DISA/DITCO routinely receives more Solution Briefs than has the resources to award. All submissions will be fairly evaluated, however, only a select few Companies with the most compelling solutions will be invited to pitch. The Government reserves the right to limit the number of Companies invited to the Phase 2 Pitch. Solution Briefs chosen for the Phase 2 Pitch will be notified in writing as soon as practicable.

Solution Briefs that are not of interest to the Government at this time will be notified with a non-selection letter as soon as practicable. The non-selection letter will give a general overview of why the Government did not choose the solution for Phase 2. The Government will not provide feedback beyond the non-selection letter.

4.2. Phase 2 Pitch - Basis of Evaluation

Individual pitches will be evaluated against the following factors:

a. Relevance of the Pitch in addressing the RFS;

b. Whether the solution has technical merit, adequately addresses Government need, and is feasible;

c. Company viability;

d. Whether the Company’s approach is unique, underutilized in the Government, and/or innovative to Government application and is a compelling solution to the Government problem statement;

e. Whether the ROM is affordable;

f. Whether the notional schedule is acceptable; and

g. The potential impact of data rights assertions.

Individual pitches will be evaluated based on the merit of the proposed concept in addressing the RFS and the factors above, not against any other Pitches held under this RFS. Pitch submissions will be valid for 180 calendar days after the pitch date.

Upon completion of the evaluations, the Government will notify the Company that:

a. The proposed concept/technology/solution has been selected for possible award of a Prototype OT and the Company is invited to submit a full proposal;

b. The proposed concept/technology/solution is not of interest to the Government; or

c. The proposed concept/technology/solution is of interest, but not eligible for a proposal due to the availability of Government resources.

If the proposed concept/technology/solution is of interest, but not eligible for a proposal due to availability of Government resources, the Company may be contacted with a request to respond to an RPP within 180 calendar days from the pitch date. If the Government does send an RPP to the Company within 180 calendar days from the pitch date, the Company will no longer be eligible for an award under this

RFS.

In either circumstance where a Company is not invited to submit a proposal at the end of Phase 2, the Government will notify the Company with a non-selection letter. The non-selection letter will give a summary of why the Government did not choose the solution for Phase 3. The Government generally will not provide significant feedback beyond the non-selection letter.

4.3. Phase 3 Basis of Evaluation

Proposals will be evaluated by Government subject matter experts using the following criteria:

a. Whether the proposed solution enhances and/or accelerates innovative development contributing toward mission accomplishment.

b. Technical merit of the proposal with an emphasis on innovative solutions. Additionally, technical maturity, feasibility, and achievability will be considered. And if applicable, the degree to which a defined commercialization path or strategy exists.

c. Realism and/or adequacy of the proposal performance schedule.

d. Realism and reasonableness of the price.

SECTION 5 – AWARDS

5.1. General Guidelines

Upon favorable review and availability of funds, the Government may choose to make an award. Awards will be an OT for a prototype project (10 U.S.C. § 4022). The Agreements Officer will negotiate directly with the Company on the terms and conditions of the OT agreement, including payments, and will execute the OT agreement on behalf of the Government. Only an Agreements Officer has the authority to enter into, or modify, a binding agreement on behalf of the Government.

Companies must register in the System for Award Management (SAM) and have a Unique Entity Identification (UEI) to receive an award. Companies are advised to commence SAM registration upon receipt of an RPP.

Companies must also register in the prescribed Government invoicing system (e.g., Wide Area Work Flow). The Agreements Officer can assist those Companies from whom a full proposal is requested.

The Company must be determined to be responsible by the 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 an RPP does not guarantee that a Company will receive an award. The Government reserves the right, at any point prior to award of an OT agreement, to cancel the RPP.

5.2. Comptroller General Access to Information

In projects that provide for payments in a total amount exceeding $5,000,000, the Agreement will include a mandatory clause that provides the Comptroller General with the ability to examine the records of any party to the agreement or any entity that participates in the performance of the agreement.

5.3 Procurement Integrity Act (PIA)

As required by 10 U.S.C. § 4022(h), all OT agreements awarded under this RFS shall be treated as Federal Agency procurements for the purpose of 41 U.S.C. Chapter 21. Accordingly, the RFS competitive solicitation process and awards made thereof must adhere to the ethical standards required by the PIA.

SECTION 6 – ITERATIVE PROTOTYPING

Prototype OTs awarded against this RFS will allow for an iterative prototyping process.

An iterative prototyping process will allow the Government to modify, by mutual agreement, the work in a prototype project to allow the adaptation and modification of the technology being prototyped to meet additional unique and discrete purposes/mission sets or new technology or processes discovered during the prototype process. These additional unique and discrete purposes/mission sets can be generated by the original Government customer or originate with other organizations within the Federal Government.

SECTION 7 – SUCCESSFUL COMPLETION

A transaction for a prototype project is complete upon the written determination of the appropriate approving official for the matter in question that efforts conducted under a Prototype OT: (1) met the key technical goals of a project; (2) satisfied success metrics incorporated into the Prototype OT; or (3) accomplished a particularly favorable or unexpected result that justifies the transition to production.

Furthermore, successful completion can occur prior to the conclusion of a prototype project to allow the Government to transition any aspect of the prototype project determined to provide utility into production while other aspects of the prototype project have yet to be completed. Any Prototype OT shall contain a provision that sets forth the conditions under which that prototype agreement must be successfully completed.

SECTION 8 – FOLLOW-ON PRODUCTION

Companies are advised that any Prototype OT agreement awarded in response to this RFS may result in the award of a follow-on production contract(s) or transaction(s) without the use of further competitive procedures. Any concept, technology, or solution successfully proven through the Prototype OT can be transitioned to production. The follow-on production contract(s) or transaction(s) will be available for use by one or more organizations in the Department of Defense and, as a result, the magnitude of the follow-on production contract(s) or agreement(s) could be significantly larger than that of the Prototype OT. As such, any Prototype OT will include the following statement relative to the potential for follow-on production: "In accordance with 10 U.S.C. § 4022(f), and upon a determination that the prototype project for this transaction has been successfully completed, this competitively awarded Prototype OT may result in the award of a follow-on production contract(s) or transaction(s) without the use of competitive procedures.”

SECTION 9 - NON-GOVERNMENT ADVISORS

Non-Government advisors may be used in the evaluation of Solution Briefs, Pitches and during proposal development and negotiations. Non-Government advisors will have signed non-disclosure agreements (NDAs) with the Government. Submissions under this RFS will constitute a grant of authority by the submitting Company to the Government to allow the use of non-Government advisors to participate in evaluations of all phases of the RFS process.

The Government understands that information provided in response to this RFS is presented in confidence and may contain trade secret or commercial or financial information, and it agrees to protect such information from unauthorized disclosure to the maximum extent permitted or required by Law, to include:

a. 18 U.S.C. § 1905 (Trade Secrets Act);

b. 18 U.S.C. § 1831 et seq. (Economic Espionage Act);

c. 5 U.S.C. § 552(b)(4) (Freedom of Information Act);

d. Executive Order 12600 (Pre-disclosure Notification Procedures for Confidential Commercial Information); and,

e. Any other statute, regulation, or requirement applicable to Government employees.

DISA/DITCO policy is to treat all submissions as confidential information, and to disclose their contents only for the purpose of evaluation. Restrictive notices notwithstanding, during the evaluation process, submissions may be handled by support contractors for administrative purposes and/or to assist with technical evaluation.

Submissions will not be returned. The original copy of each submission received will be retained at DISA/DITCO and all other non-required copies destroyed.

SECTION 10 – ADDITIONAL INFORMATION

10.1. Security Clearances

If awarded an OT as a result of this RFS, the Company will be responsible for providing personnel with appropriate security clearances to ensure compliance with Government security regulations. The Company shall fully cooperate on all security checks and investigations by furnishing requested information to verify the Company employee's eligibility for any required clearance.

The Company’s proposed solution (e.g., data, integration with supporting DoD Infrastructure, architecture) will determine the personnel security clearance requirements for the prototype effort. The Government will provide additional details regarding the required security clearances in the RPP.

10.2. Data Storage

To protect against seizure and improper use by non-United States (U.S.) persons and government entities, all data stored and processed by/for the DoD must reside in a facility under the exclusive legal jurisdiction of the U.S. If awarded an OT as a result of this RFS, the Company will be required to maintain all government data that is not physically located on DoD premises within the 50 States, the District of Columbia, and outlying areas of the U.S., unless otherwise authorized by the responsible Government, as described in DoD Instruction (DoDI) 8510.01, Risk Management Framework for DoD Systems, and the DoD Cloud Computing Security Requirements Guide.

Under the performance of an OT awarded as a result of this RFS, if Government data is co-located with the non-Government data, the Company will be required to isolate the Government data into an environment where it may be reviewed, scanned, or forensically evaluated in a secure space with access limited to authorized Government personnel identified by the Agreements Officer, and without the Company’s involvement. The Company will be required to record all physical access to the cloud storage facilities and all logical access to the Government data. This may include the entrant’s name, role, purpose, account identification, entry and exit time. The Company will be required to provide such records to the Agreements Officer or designee in accordance with the agreement or upon request to comply with federal authorities.

10.3. Company Incurred Evaluation Costs

As specified in Section 2, the Government will not reimburse Companies for any costs incurred while participating in Phases 1 through 3 of this RFS. Additionally, the Government does not consider the costs associated with participating in Phases 1 through 3 allowable charges and such costs should not be included within the ROM or any pricing information.

10.4. Export Controls

Research findings and technology developments arising from a resulting prototype OT may constitute a significant enhancement to the national defense and to the economic vitality of the United States. As such, in the conduct of all work related to this effort, the recipient will be required to comply strictly with the Arms Export Control Act, 22 U.S.C. § 2751-2794, including the International Traffic in Arms Regulation (ITAR), 22 C.F.R. § 120 et seq.; the Export Administration Act, 50 U.S.C. app. § 2401-2420; the National Industrial Security Program Operating Manual, 32 CFR § 117; and the Department of Commerce Export Regulation, 15 CFR § 730-774.