SDA SBIR STTR BAA HQ085021S0001-Amendment 5.pdf

Broad Agency Announcement (BAA)

Small Business Innovation Research (SBIR) and

Small Business Technology Transfer (STTR)

HQ085021S0001

October 26, 2020

Amendment 5

August 18, 2021

Contents Part I: Overview Information

Part II: Full Text of Announcement

1. Funding Opportunity Description

1.1 SDA’s SBIR/STTR Approach

1.2 SBIR and STTR Opportunities (SBOs)

1.3 Technology and Program Protection to Maintain Technological Advantage

2. Award Information

2.1 General Award Information

2.2 Fundamental Research

2.3 Export Control

2.4 Discretionary Technical and Business Assistance (TABA)

3. Eligibility Information

3.1 Eligible Applicants

3.2 Foreign Nationals

3.3 Organizational Conflicts of Interest (OCIs)

3.4 Prior, Current, or Pending Support of Similar Proposals or Awards

4. Application and Submission Information

4.1 Proposal Preparation Instructions

4.2 DP2 Requirements

4.3 Electronic Submission

4.4 Submission Deadlines

4.5 Communication

4.6 Marking Proprietary Proposal Information

4.7 Human Subjects Research/Animal Use

4.8 Disclosure of Ownership or Control by a Foreign Government

5. Evaluation of Proposals

5.1 Evaluation Criteria for Award

5.2 Additional Evaluation Considerations

5.3 Evaluation and Selection Process

5.4 Handling of Source Selection Information

6. Award Administration Information

6.1 Award Notices

6.2 Controlled Unclassified Information on Non-DoD Information Systems

6.3 Registrations and Certifications

6.4 Reporting – Final Technical Reports (Phase I through Phase III)

6.5 Invention Reporting

6.6 Technical Data Rights

6.7 Electronic Invoicing and Payments

6.8 Disclosure of Information and Compliance with Safeguarding Covered Defense Information Controls

6.9 Prohibition on Contracting with Persons that have Business Operations with the Maduro Regime

APPENDIX A: PHASE I PROPOSAL INSTRUCTIONS

A.1 Introduction

A.2 Proprietary Information

A.3 Phase I Proposal Instructions

APPENDIX B: DP2 PROPOSAL INSTRUCTIONS

B.1 Introduction

B.2 Proprietary Information

B.3 DP2 Proposal Instructions

PART I: OVERVIEW INFORMATION

Federal Agency Name: Space Development Agency (SDA)

Funding Opportunity Title: Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs

Announcement Type: Initial Announcement

Funding Opportunity Number: HQ085021S0001

NAICS Codes: 927110, 541715

Small Business Size: 500

Dates (All times listed herein are Eastern Time.)

o Posting Date: October 23, 2020 o Closing Date: 30 September 2021

Concise Description of the Funding Opportunity: SDA is issuing an SBIR/STTR Broad Agency Announcement (BAA) inviting submissions of innovative research concepts supporting the advancement of our national defense space capabilities. Small business opportunities (SBOs) will be announced under this BAA, and only proposals submitted in response to an active SBO will be evaluated for funding.

Anticipated individual awards: Multiple awards are anticipated.

Types of instruments that may be awarded: Federal Acquisition Regulation (FAR)-based government contracts (Firm- Fixed Price or Cost-Plus Reimbursement).

Agency Contact:

Email: osd.pentagon.ousd-r-e.mbx.hq085021s0001@mail.mil

Mailing Address:

Space Development Agency

ATTN: HQ085021S0001

Office of the Under Secretary of Defense, Research and Engineering

3030 Defense Pentagon

Washington, D.C. 20301

PART II: FULL TEXT OF ANNOUNCEMENT

1. Funding Opportunity Description

The objectives of the Department of Defense (DoD) SBIR/STTR Program include stimulating technological innovation, strengthening the role of small business in meeting DoD research and development needs, fostering and encouraging participation by minority and disadvantaged persons in technological innovation, and increasing the commercial application of DoD-supported research or research and development results. Technology focus areas include DoD’s Key Science and Technology Areas (https://www.acq.osd.mil/osbp/sbir/docs/techareas.pdf/) and USD(R&E)’s Technology Modernization Priorities (https://www.cto.mil/modernization-priorities/).

The guidelines presented in this BAA incorporate and make use of the flexibility of the Small Business Administration (SBA) SBIR/STTR Policy Directive to encourage proposals based on scientific and technical approaches most likely to yield results important to the DoD and the private sector. The SBIR/STTR Policy Directive is available at:

https://www.sbir.gov/sites/default/files/SBIR-STTR_Policy_Directive_2019.pdf/.

15 U.S.C. § 638 (cc), as amended by NDAA FY2012, Sec. 5106, and further amended by NDAA FY2019, Sec. 854, PILOT TO ALLOW PHASE FLEXIBILITY, allows the Department of Defense to make an award to a small business concern under Phase II of the SBIR program with respect to a project, without regard to whether the small business concern was provided an award under Phase I of an SBIR program with respect to such project. SDA is conducting a “Direct to Phase II” (DP2) implementation of this authority for this announcement, for eligible SBIR opportunities only.

1.1 SDA’s SBIR/STTR Approach

SDA is responsible for orchestrating the development and fielding of the DoD’s future threat-driven National Defense Space Architecture (NDSA), a resilient military sensing and data transport capability via a proliferated space architecture primarily in low Earth orbit (LEO). To achieve this mission, SDA uses novel approaches to accelerate the development and fielding of military space capabilities necessary to ensure U.S. technological and military advantage in space for national defense.

While SDA primarily seeks to acquire mature technologies that can be rapidly fielded to address pressing warfighter capability needs, SDA can also make limited but pivotal investments in research and development activities, particularly when the return on those investments can be leveraged in future acquisitions. SDA views small businesses as critical contributors to the performance of research and development activities supporting national security through space and is soliciting small business participation in the advancement of the NDSA through this BAA.

To identify particular technical topics of interest, SDA will issue SBIR/STTR Opportunities (SBOs) associated with this BAA.

More information about SDA’s National Defense Space Architecture and prospective research topics of interest may be found at https://www.sda.mil/.

The SBIR and STTR Programs have three phases. Phase I is to determine, to the extent possible, the scientific, technical, and commercial merit and feasibility of ideas submitted under the programs. Proposals should concentrate on research or research and development (R/R&D) which will significantly contribute to proving the scientific and technical feasibility, and commercialization potential of the proposed effort, the successful completion of which is a prerequisite for further DoD support in Phase II, unless an exception is authorized under the DP2 Program. Proposers are encouraged to consider whether the R/R&D being proposed to SDA also has private sector potential, either for the proposed application or as a base for other applications.

Phase II/DP2 awards will be made to firms on the basis of results of their Phase I effort or comparable feasibility documentation, and the scientific merit, technical merit, and commercialization potential of the Phase II proposal. Phase II is the principal R/R&D effort and is expected to produce a well-defined deliverable prototype. A prototype is defined as a model of something to be further developed, which includes designs, protocols, questionnaires, software, and devices. A Phase II contractor may receive up to one additional, sequential Phase II award for continued work on the project.

Under Phase III, the Proposer is required to obtain funding from either the private sector, a non- SBIR/STTR Government source, or both, to develop the prototype into a viable product or non- R&D service for sale in military or private sector markets. Phase III refers to work that derives from, extends, or completes an effort made under prior SBIR/STTR funding agreements, but is funded by sources other than the SBIR/STTR Programs, which can include both private sector funding and non-SBIR/STTR government contract funding. Phase III work is typically oriented towards commercialization of SBIR/STTR funded research or technology.

1.2 SBIR and STTR Opportunities (SBOs)

SBIR and STTR Opportunities (SBOs) will be announced under this BAA, HQ085021S0001.

These SBOs will solicit proposals and will be open for at least 45 days from publication at https://beta.SAM.gov/. SBOs will describe projects addressing one or two phases as described below. During these periods of performance, research topics will be investigated with the goal of determining feasibility and clarifying whether the area is ready for increased investment. The ultimate goal of each SBO is to invest in research that leads to prototype development that may result in new game-changing technologies for U.S. national security. Proposals submitted in response to SBOs will be evaluated and selected in accordance with Section 6 of this announcement.

Each SBO will (1) identify specific details regarding the research topic of interest, and (2) provide proposal content and submission instructions in addition to those outlined in this BAA, including the due date for proposal submissions. Proposals must be submitted in response to an SBO. Only proposals submitted in response to an active corresponding SBO will be evaluated.

Each SBO will identify the project phases (Phase I Feasibility Study/Phase II Proof of Concept/Direct to Phase II), periods of performance, specific technical objectives to be achieved, task descriptions, milestone payment schedule, and deliverables. Generally, the period of performance for the Phase I effort will not exceed 12 months, and the period of performance for the Phase II or DP2 effort will not exceed 36 months. Combined Phase I base and Phase II option efforts for any SBO are not anticipated to exceed 48 months.

For any proposal selected for award, the Government reserves the right to award a separate Phase I, a separate Phase II, DP2, or a combined Phase I and II effort. In cases in which combined Phase I and II is awarded, the Government may award Phase II as an option, depending on the outcome of the Phase I effort and funding availability. Due to the potential for awarding follow-on Phase II efforts, SDA is requesting a proposal validity period of 365 days.

Note: Not all SBOs are eligible for a DP2 award. Proposers should read the SBO requirements carefully, as each opportunity may accept Phase I proposals only, both Phase I and DP2 proposals, or DP2 proposals only.

All firms that are awarded Phase I awards originating from this BAA will be eligible to participate in Phase II competitions and potential Phase III (non-SBIR/STTR funded) awards.

Currently there are no follow-on acquisitions planned once a performer has completed Phase I and Phase II or the DP2 effort. However, the goal of the SBIR and STTR programs is to fund research that leads to prototype development. If after Phase II/DP2, a performer has successfully accomplished a proof of concept, and a deliverable prototype is within reach or a promising initial prototype has been developed, the Government may elect to modify the award to fund additional tasks to pursue further prototype development, fabrication and delivery.

1.3 Technology and Program Protection to Maintain Technological Advantage

In accordance with DoD Instruction 5000.83, Technology and Program Protection to Maintain Technological Advantage, dated July 20, 2020, and as a means to counter the threat from strategic competitor nations, the DoD will employ risk-based measures to protect systems and technologies from adversarial exploitation and compromise of U.S. military vulnerabilities and weaknesses in:

(1) systems, (2) components, (3) software, (4) hardware, and (5) supply chains. The initial measure being implemented for the SBIR and STTR programs is to require proposers to self-report and disclose foreign ownership of, or control over, the proposer. Reporting and disclosing such information will enable the DoD to identify national security risks posed by foreign participation, through investment, ownership, or influence, in the defense industrial base. This information will be used by DoD program offices to determine risks posed by SBIR contract awardees and their subcontractors to the DoD and the defense industrial base.

2. Award Information

2.1 General Award Information

Multiple awards are anticipated. SDA will award Federal Acquisition Regulation (FAR)-based government contracts (Firm-Fixed Price or Cost-Plus Reimbursement). The amount of resources made available under each SBO issued under this BAA will depend on the quality of the proposals received and the availability of funds.

The Government reserves the right to select for negotiation all, some, one, or none of the proposals received in response to this announcement and to make awards with or without communications with proposers. Additionally, the Government reserves the right to award all, some, one, or none of the options on the contract(s)/agreement(s) of the performers based on available funding and technical performance. The Government also reserves the right to conduct discussions if it is determined to be necessary. If warranted, portions of resulting awards may be segregated into pre-priced options. Additionally, SDA reserves the right to accept proposals in their entirety or to select only portions of proposals for award. In the event that SDA desires to award only portions of a proposal, negotiations may be opened with that proposer. The Government reserves the right to fund proposals in phases with options for continued work, as applicable.

The Government reserves the right to request any additional, necessary documentation once it makes the award instrument determination. The Government reserves the right to remove a proposal from award consideration should the parties fail to reach agreement on award terms, conditions, and price within a reasonable time, and the proposer fails to provide requested additional information within three business days.

In all cases, the Government Contracting Officer shall have sole discretion to select award instrument type, regardless of instrument type proposed, and to negotiate all instrument terms and conditions with selectees. SDA will apply publication or other restrictions, as necessary, if it determines that the research resulting from the proposed effort will present a high likelihood of disclosing performance characteristics of military systems or manufacturing technologies that are unique and critical to defense. Any award resulting from such a determination will include a requirement for SDA permission before publishing any information or results on the program. For more information on publication restrictions, see section 2.2 on Fundamental Research.

Because of the desire to streamline the award negotiation and program execution process, proposals identified for negotiation will result in negotiating a type of instrument for award that is in the best interest of the Government.

2.2 Fundamental Research

It is DoD policy that the publication of products of fundamental research will remain unrestricted to the maximum extent possible. National Security Decision Directive (NSDD) 189 defines fundamental research as follows:

“‘Fundamental research’ means basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community, as distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons.”

As of the date of publication of this BAA, the Government expects that proposed research may present a high likelihood of disclosing performance characteristics of military systems or manufacturing technologies that are unique and critical to defense. Based on the nature of the performer and the nature of the work, the Government anticipates that some awards will include restrictions on the resultant research that will require the awardee to seek SDA permission before publishing any information or results relative to the program.

Proposers should indicate in their proposal whether they believe the scope of the research included in their proposal is fundamental or not. While proposers should clearly explain the intended results of their research, the Government shall have sole discretion to select award instrument type and to negotiate all instrument terms and conditions with selectees. Appropriate clauses will be included in resultant awards for non-fundamental research to prescribe publication requirements and other restrictions, as appropriate.

For certain research projects, it may be possible that although the research being performed by the prime contractor is restricted research, a subcontractor may be conducting contracted fundamental research. In those cases, it is the prime contractor’s responsibility to explain in their proposal why its subcontractor’s effort is contracted fundamental research.

2.3 Export Control

The International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, will apply to all projects with military or dual-use applications that develop beyond fundamental research, which is basic and applied research ordinarily published and shared broadly within the scientific community. SBOs will identify when ITAR restrictions are applicable. More information is available at https://www.pmddtc.state.gov/ddtc_public?id=ddtc_public_portal_itar_landing/.

2.4 Discretionary Technical and Business Assistance (TABA)

SDA is not planning to offer TABA funding, pending further SBA guidance.

3. Eligibility Information

3.1 Eligible Applicants

a. The eligibility requirements for the SBIR/STTR programs are unique and do not correspond to those of other small business programs. Proposers must qualify as a small business concern (SBC) and meet eligibility requirements for Small Business Ownership and Control at time of award and certify to this on the proposal Cover Sheet (see 13 CFR § 121.702 and as defined below).

An SBC must satisfy the following conditions on the date of award:

i. Is organized for profit, with a place of business located in the United States, which operates primarily within the United States or which makes a significant contribution to the United States economy through payment of taxes or use of American products, materials or labor;

ii. Is in the legal form of an individual proprietorship, partnership, limited liability company, corporation, joint venture, association, trust or cooperative, except that if the concern is a joint venture, each entity to the venture must meet the requirements set forth in paragraph (iii) below;

iii. Is more than 50 percent directly owned and controlled by one or more individuals (who are citizens or permanent resident aliens of the United States), other small business concerns (each of which is more than 50 percent directly owned and controlled by individuals who are citizens or permanent resident aliens of the United States), or any combination of these; and

iv. Has, including its affiliates, not more than 500 employees. (For explanation of affiliate, see www.sba.gov/size.)

Small businesses that are owned in majority part by multiple venture capital operating companies (VCOCs), hedge funds, or private equity funds are ineligible to submit applications or receive awards for opportunities under this BAA. Joint ventures and limited partnerships are permitted, provided that the entity created qualifies as a small business in accordance with the Small Business Act, 13 U.S.C. § 121.701. Proposers must disclose joint ventures with existing (or planned) relationships/partnerships with any foreign entity or any foreign government-controlled companies.

b. For SBIR proposals, a minimum of two-thirds of the research and/or analytical work in Phase I must be carried out by the proposing firm. For Phase II/DP2, a minimum of one half (50 percent) of the research and/or analytical work must be performed by the proposing firm. The percentage of work is measured by both direct and indirect costs. The primary employment of the Principal Investigator (PI) must be with the small business firm at the time of the award and during the conduct of the proposed effort. Primary employment means that more than one-half of the PI's time is spent with the small business. Primary employment with a small business concern precludes full-time employment at another organization.

c. For STTR proposals, a minimum of 40 percent of the research and/or analytical work in Phase I must be conducted by the small business concern and a minimum of 30 percent of the effort performed by the single research institution, as defined below. The percentage of work is usually measured by both direct and indirect costs. For both Phase I and II, the PI may be primarily employed with the small business firm OR the research institution. At the time of award of a Phase I or Phase II contract, the small business concern must have at least one employee in a management position whose primary employment is with the small business and who is not also employed by the research institution. Primary employment means that more than one half (50 percent) of the employee's time is spent with the small business. Primary employment with a small business concern precludes full-time employment at another organization.

A research institution is defined as any organization located in the United States that is:

i. A university.

ii. A nonprofit institution as defined in Section 4(5) of the Stevenson-Wydler Technology Innovation Act of 1980.

iii. A contractor-operated federally funded research and development center, as identified by the National Science Foundation in accordance with the government-wide Federal Acquisition Regulation issued in accordance with Section 35(c)(1) of the Office of Federal Procurement Policy Act. A list of eligible FFRDCs is available at:

https://www.nsf.gov/statistics/ffrdclist/. A waiver is no longer required for the use of federal laboratories and FFRDCs; however, proposers must certify their use of such facilities on the Cover Sheet of the proposal.

d. For both SBIR and STTR, Phase I and Phase II/DP2 proposals, all research or research and development work must be performed by the small business concern and its subcontractors in the United States.

e. Proposers with prior SBIR/STTR awards must meet two benchmark requirements for Progress towards Commercialization as determined by the Small Business Administration (SBA) on June 1 each year.

i. For all proposers with greater than 20 Phase I awards over the past five fiscal years excluding the most recent year, the ratio of Phase II/DP2 awards to Phase I awards must be at least 0.25.

ii. For all proposers with greater than 15 Phase II/DP2 awards over the last ten fiscal years excluding the last two years, the proposer must have received, to date, an average of at least $100,000 of sales and/or investments per Phase II/Direct to Phase II award received, or have received a number of patents resulting from the SBIR work equal to or greater than 15 percent of the number of Phase II/Direct to Phase II awards received during the period.

Consequence of failure to meet the benchmarks:

SBA will identify and notify Agencies on June 1st of each year the list of companies which fail to meet minimum performance requirements. These companies will not be eligible to submit a proposal for a Phase I award for a period of one year from that date.

Because this requirement only affects a company’s eligibility for new Phase I awards, a company that fails to meet minimum performance requirements may continue working on its current ongoing SBIR/STTR awards and may apply for and receive new Phase II and Phase III awards.

To provide companies with advance warning, SBA notifies companies on April 1st if they are failing the benchmarks. If a company believes that the information used was not complete or accurate, it may provide feedback through the SBA Company Registry at www.sbir.gov.

In addition, SBA has posted a Guide to SBIR/STTR Program Eligibility to help small businesses understand program eligibility requirements, determine if they will be eligible at the time of award, and accurately complete necessary certifications.

The benchmark information on the companies will not be available to the public.

More detail is available at https://sbir.gov/performance-benchmarks/.

3.2 Foreign Nationals

Proposers must report any and all individuals expected to be involved on this project who are considered a foreign national as defined below. Proposers may be asked to provide additional information during negotiations in order to verify the foreign citizen’s eligibility to participate in the SBIR/STTR award. The Government may withdraw from negotiations at any time for any reason to include matters of national security (foreign persons, foreign influence or ownership, inability to clear the firm or personnel for security clearances, or other related issues). Foreign Nationals (also known as Foreign Persons) as defined by 22 CFR 120.16 means any natural person who is not a lawful permanent resident as defined by 8 U.S.C. § 1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. § 1324b(a)(3). It also means any foreign corporation, business association, partnership, trust, society or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments and any agency or subdivision of foreign governments (e.g., diplomatic missions).

“Lawfully admitted for permanent residence” means the status of having been lawfully accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws, such status not having changed.

“Protected individual” means an individual who (A) is a citizen or national of the United States, or (B) is an alien who is lawfully admitted for permanent residence, is granted the status of an alien lawfully admitted for temporary residence under 8 U.S.C. § 1160(a) or 8 U.S.C. § 1255a(a)(1), is admitted as a refugee under 8 U.S.C. § 1157, or is granted asylum under Section 8 U.S.C. § 1158;

but does not include (i) an alien who fails to apply for naturalization within six months of the date the alien first becomes eligible (by virtue of period of lawful permanent residence) to apply for naturalization or, if later, within six months after November 6, 1986, and (ii) an alien who has applied on a timely basis, but has not been naturalized as a citizen within two years after the date of the application, unless the alien can establish that the alien is actively pursuing naturalization, except that time consumed in the Service's processing the application shall not be counted toward the two-year period.

3.3 Organizational Conflicts of Interest (OCIs)

FAR 9.5 Requirements

In accordance with FAR 9.5, proposers are required to identify and disclose all facts relevant to potential OCIs involving the proposer’s organization and any proposed team member (subawardee, consultant). Under this Section, the proposer is responsible for providing this disclosure with each proposal submitted to the BAA. The disclosure must include the proposer’s, and as applicable, proposed team member’s OCI mitigation plan. The OCI mitigation plan must include a description of the actions the proposer has taken, or intends to take, to prevent the existence of conflicting roles that might bias the proposer’s judgment and to prevent the proposer from having unfair competitive advantage. The OCI mitigation plan will specifically discuss the disclosed OCI in the context of each of the OCI limitations outlined in FAR 9.505-1 through FAR 9.505-4.

Agency Supplemental OCI Policy

In addition, SDA has a supplemental OCI policy that prohibits contractors/performers from concurrently providing Scientific Engineering Technical Assistance (SETA), Advisory and Assistance Services (A&AS) or similar support services and being a technical performer.

Therefore, as part of the FAR 9.5 disclosure requirement above, a proposer must affirm whether the proposer or any proposed team member (subawardee, consultant) is providing SETA, A&AS, or similar support to SDA under: (a) a current award or subaward; or (b) a past award or subaward that ended within one calendar year prior to the proposal’s submission date.

If SETA, A&AS, or similar support is being or was provided to SDA, the proposal must include:

The primer contract number;

Identification of proposed team member (subawardee, consultant) providing the support;

and An OCI mitigation plan in accordance with FAR 9.5.

Government Procedures

In accordance with FAR 9.503, 9.504 and 9.506, the Government will evaluate OCI mitigation plans to avoid, neutralize or mitigate potential OCI issues before award and to determine whether it is in the Government’s interest to grant a waiver. The Government will only evaluate OCI mitigation plans for proposals that are determined selectable under the BAA evaluation criteria and funding availability.

The Government may require proposers to provide additional information to assist the Government in evaluating the proposer’s OCI mitigation plan.

If the Government determines that a proposer failed to fully disclose an OCI; or failed to provide the affirmation of existing or recent SDA support that may present an OCI; or failed to reasonably provide additional information requested by the Government to assist in evaluating the proposer’s OCI mitigation plan, the Government may reject the proposal and withdraw it from consideration for award.

3.4 Prior, Current, or Pending Support of Similar Proposals or Awards

While it is permissible, with proposal notification, to submit identical proposals or proposals containing a significant amount of essentially equivalent work for consideration under numerous federal program BAAs or solicitations, it is unlawful to enter into contracts or grants requiring essentially equivalent effort. If there is any question concerning prior, current, or pending support of similar proposals or awards, it must be disclosed to the soliciting agency or agencies as early as possible. If a proposal submitted in response to an SBO associated with this BAA is substantially the same as another proposal that was funded, is now being funded, or is pending with another Federal Agency, another DoD Component, or SDA, this information must be disclosed during proposal submission, on the proposal coversheet and in section 10 of the technical proposal (see Attachment 1 and Attachment 3).

Essentially equivalent work is defined as work that is substantially the same research, which is proposed for funding in more than one contract proposal or grant application submitted to the same Federal agency or submitted to two or more different Federal agencies for review and funding consideration; or work where a specific research objective and the research design for accomplishing the objective are the same or closely related to another proposal or award, regardless of the funding source.

4. Application and Submission Information

4.1 Proposal Preparation Instructions

Each SBO will (1) identify specific details regarding the research topic of interest, and (2) provide proposal content and submission instructions in addition to those outlined in this BAA, including the due date for proposal submissions. Proposals must only be submitted in response to an SBO.

Proposals submitted in response to this BAA without an active, corresponding SBO will not be evaluated.

Classified proposals are not accepted under the DoD SBIR/STTR Program. If classified work becomes required during Phase II, the proposing firm must have a facility clearance in order to perform the Phase II work. For more information on facility and personnel clearance procedures and requirements, please visit the Defense Counterintelligence and Security Agency website at:

https://www.dcsa.mil/mc/ctp/fc/.

Each SBO will indicate the type of proposal accepted – Phase I, DP2, or both. For Phase I Proposal Instructions, see Appendix A. For DP2 Proposal Instructions, see Appendix B.

4.2 DP2 Requirements

Proposers interested in submitting a DP2 proposal in response to an eligible SBO must provide documentation to substantiate that the scientific and technical merit and feasibility described in the Phase I section of the topic has been met and describes the potential commercial applications.

Documentation should include all relevant information including, but not limited to: technical reports, test data, prototype designs/models, and performance goals/results. Work submitted within the feasibility documentation must have been substantially performed by the proposer and/or the

PI.

SDA will not evaluate the proposer’s related Phase II proposal if it determines that the proposer has failed to demonstrate that technical merit and feasibility has been established or the proposer has failed to demonstrate that work submitted in the feasibility documentation was substantially performed by the proposer and/or the PI.

Feasibility documentation cannot be based upon any prior or ongoing federally funded SBIR or STTR work and DP2 proposals MUST NOT logically extend from any prior or ongoing federally funded SBIR or STTR work.

4.3 Electronic Submission

Proposers are REQUIRED to submit UNCLASSIFIED proposals via the Defense SBIR/STTR Innovation Portal (DSIP) at https://dodsbirsttr.mil/. Firms submitting through this site for the first time will be asked to register. It is recommended that firms register as soon as possible upon identification of a proposal opportunity to avoid delays in the proposal submission process.

Submission deadlines are strictly enforced. Proposals submitted by any other means will be disregarded.

Technical support for DSIP is available Monday through Friday, 9:00 a.m. – 5:00 p.m. ET.

Requests for technical support must be emailed to DoDSBIRSupport@reisystems.com with a copy to osd.pentagon.ousd-r-e.mbx.hq085021s0001@mail.mil.

4.4 Submission Deadlines

Full proposal packages (Proposal Cover Sheet, Technical Volume, Price/Cost Volume inclusive of supporting documentation, and other supporting documentation as required) must be submitted via the DSIP per the instructions outlined herein no later than the due date and time listed in the SBO to which the proposal is submitted.

It is the proposing firm’s responsibility to verify that the Technical Volume does not exceed the page limit after upload to DSIP, that all proposal volumes are complete and that the proposal package is certified. The proposer may add/modify proposal volumes or the Proposal Cover Sheet on DSIP until the due date and time listed in the SBO.

Proposals and proposal modifications, unless requested by the Government Contracts Officer, received after the due date set forth in the SBO will be considered late and will not be evaluated.

Proposers are warned that submission deadlines outlined in the SBO to which they are applying will be strictly enforced.

4.5 Communication

SDA intends to use electronic mail for all correspondence regarding this announcement.

Administrative, proposal preparation, and award questions should be emailed to osd.pentagon.ousd-r-e.mbx.hq085021s0001@mail.mil. All questions must be in English and must include the name, email address, and the telephone number of a point of contact.

Each SBO will include instructions for submitting questions related to the technical aspect of the research objectives. SDA will attempt to answer questions in a timely manner; however, questions submitted within seven calendar days of the proposal due date listed in the SBO may not be answered.

4.6 Marking Proprietary Proposal Information

Proposers that include data in their proposals that they do not want disclosed to the public for any purpose, or used by the Government except for evaluation purposes, shall:

(1) Mark the first page of each Volume of the proposal submission 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 proposer 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

(2) 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.”

The DoD assumes no liability for disclosure or use of unmarked data and may use or disclose such data for any purpose.

Restrictive notices notwithstanding, proposals and final reports submitted through the DoD Submission website may be handled, for administrative purposes only, by support contractors. All support contractors are bound by appropriate non-disclosure agreements.

4.7 Human Subjects Research/Animal Use

Proposers that anticipate involving human subjects or animals in the proposed research must comply with the policies referenced in this section.

Human Subjects Research

All research involving human subjects shall be conducted in accordance with 32 C.F.R. §219 “The Common Rule,” 10 U.S.C. §980 “Limitation on Use of Humans as Experimental Subjects,” and DoDD 3216.02 “Protection of Human Subjects and Adherence to Ethical Standards in DoD- Supported Research,” as well as other applicable federal and state law and regulations, and DoD component guidance. Proposers must be cognizant of and abide by the additional restrictions and limitations imposed on the DoD regarding research involving human subjects, specifically as they regard vulnerable populations (DoDD 3216.02), recruitment of military research subjects (DoDD 3216.02), and informed consent and surrogate consent (10 U.S.C. §980) and chemical and biological agent research (DoDD 3216.02). Food and Drug Administration regulation and policies may also apply.

“Human use” protocols apply to all research that meets any of the following criteria:

a. Any research involving an intervention or an interaction with a living person that would not be occurring or would be occurring in some other fashion but for this research.

b. Any research involving identifiable private information. This may include data/information/specimens collected originally from living individuals (broadcast video, web-use logs, tissue, blood, medical or personnel records, health data repositories, etc.) in which the identity of the subject is known, or the identity may be readily ascertained by the investigator or associated with the data/information/specimens.

See DoDD 3216.02 for definitions of these terms and more information about the applicability of DoDI 3216.02 to research involving human subjects.

Animal Use

All activities involving animal subjects shall be conducted in accordance with DoDI 3216.01 “Use of Animals in DoD Programs,” 9 C.F.R. parts 1-4 “Animal Welfare Regulations,” National Academy of Sciences Publication “Guide for the Care & Use of Laboratory Animals,” as amended, and the Department of Agriculture rules implementing the Animal Welfare Act (7 U.S.C. §§2131- 2159), as well as other applicable federal and state law and regulation and DoD instructions.

“Animal use” protocols apply to all activities that meet any of the following criteria:

a. Any research, development, test, evaluation or training, (including experimentation) involving an animal or animals.

b. An animal is defined as any living or dead, vertebrate organism (non-human) that is being used or is intended for use in research, development, test, evaluation or training.

c. A vertebrate is a member of the subphylum Vertebrata (within the phylum Chordata), including birds and cold-blooded animals.

See DoDI 3216.01 for definitions of these terms and more information about the applicability of DoDI 3216.01 to work involving animals.

4.8 Disclosure of Ownership or Control by a Foreign Government

DFARS 252.209-7002, Disclosure of Ownership or Control by a Foreign Government (JUN 2010), is incorporated into this solicitation. In accordance with DFARS 252.209-7002, any SBC submitting a proposal in response to this solicitation is required to disclose, by completing Attachment 6 to this solicitation, Foreign Ownership or Control Disclosure, any interest a foreign government has in the SBC when that interest constitutes control by a foreign government, as defined in DFARS provision 252.209-7002. If the SBC is a subsidiary, it is also required to disclose any reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest concerning the SBC’s immediate parent, intermediate parents, and the ultimate parent.

5. Evaluation of Proposals

5.1 Evaluation Criteria for Award

Conforming proposals will be evaluated using the following criteria, listed in descending order of importance. Evaluators will base their conclusions only on information contained in the proposal.

It cannot be assumed that evaluators are acquainted with the firm or key individuals or any referenced experiments. Relevant supporting data such as journal articles, literature, including Government publications, etc., should be contained or referenced in the proposal and will count toward the page limit.

5.1.1 Overall Scientific and Technical Merit

The soundness, technical merit, feasibility, innovation and completeness of the proposed approach and its progress toward topic or subtopic solution. Concepts should specifically and clearly address the innovation proposed and the scientific or technical basis of the claims, explaining how and why the approach is achievable within the time required and by the team proposed. Task descriptions and associated technical elements provided are complete and in a logical sequence with all proposed deliverables clearly defined such that a final outcome that achieves the goal can be expected as a result of award. Sufficient information demonstrating an executable course of research should be provided for reviewers to determine whether it would enable capabilities beyond state-of-the-art. The proposal identifies major technical risks, and planned mitigation efforts are clearly defined and feasible. Barriers to implementation should be discussed and addressed.

5.1.2 Commercialization or Commoditization Potential

The potential for commercial (Government or private sector) application and the benefits expected to accrue from this commercialization. SDA is interested in technologies that can be rapidly introduced into the proliferated LEO space marketplace in component, subsystem or system form.

In addition, technologies which have the potential to become commodity components, subsystems or systems are also of interest.

5.1.3 Principal Investigator and Technical Team Qualifications

The qualifications of the proposed principal/key investigators, supporting staff, and consultants should reflect the expertise and experience to accomplish the proposed tasks. The. Qualifications include not only the ability to perform the research and development but also the ability to commercialize the results.

5.2 Additional Evaluation Considerations

Cost and/or price reasonableness and realism will also be considered to the extent appropriate. The proposed costs are realistic for the technical and management approach and accurately reflect the technical goals and objectives of the solicitation. The proposed costs are consistent with the proposer's Statement of Work and reflect a sufficient understanding of the costs and level of effort needed to successfully accomplish the proposed technical approach. The costs for the prime proposer and proposed subawardees are substantiated by the details provided in the proposal (e.g., the type and number of labor hours proposed per task, the types and quantities of materials, equipment and fabrication costs, travel and any other applicable costs and the basis for the estimates).

It is expected that the effort will leverage all available relevant prior research in order to obtain the maximum benefit from the available funding. For efforts with a high likelihood of commercialization or commoditization, appropriate direct cost sharing may be a positive factor in the evaluation. SDA recognizes that undue emphasis on cost may motivate proposers to offer low-risk ideas with minimum uncertainty and to staff the effort with junior personnel in order to be in a more competitive posture.

SDA discourages such cost strategies.

5.3 Evaluation and Selection Process

SDA will ensure equitable and comprehensive proposal evaluations based on the evaluation criteria listed above and to select the source (or sources) whose offer meets the Government's technical, policy, and programmatic goals.

All proposal evaluations will be based solely on the above evaluation criteria. SDA will conduct an evaluation of each conforming proposal. Proposals that do not comply with the requirements detailed in this BAA and the research objective(s) of the corresponding SBO are considered non-conforming and therefore are not evaluated nor considered for award.

Using the evaluation criteria, the Government will evaluate each proposal in its entirety, documenting the strengths and weaknesses relative to each evaluation criterion, and, based on these identified strengths and weaknesses, make a determination of the proposal's overall selectability. Proposals will not be evaluated against each other during the evaluation process, but rather evaluated on their own individual merit to determine how well the proposal meets the criteria stated in this BAA and the corresponding SBO.

Awards will be made to proposers whose proposals are determined to be the most advantageous to the Government and consistent with instructions and evaluation criteria specified in the BAA herein and subsequent SBOs issued, pending the availability of funding. Given the limited funding available for each SBO, not all proposals considered selectable will be necessarily selected for funding.

For the purposes of this proposal evaluation process, a selectable proposal is defined as follows:

Selectable: A selectable proposal is a proposal that has been evaluated by the Government against the evaluation criteria listed in the BAA and SBO, and the strengths of the overall proposal outweighs its weaknesses. Additionally, there are no accumulated weaknesses that would require extensive negotiations and/or a resubmitted proposal.

For the purposes of this proposal evaluation process, a non-selectable proposal is defined as follows:

Non-Selectable: A proposal is considered non selectable when the proposal has been evaluated by the Government against the evaluation criteria listed in the BAA and SBO, and the strengths of the overall proposal do not outweigh its weaknesses.

5.4 Handling of Source Selection Information

It is the policy of SDA to treat all proposals as source selection 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. All SDA support contractors are strictly bound by appropriate nondisclosure agreements. Input on technical aspects of the proposals may be solicited by SDA from other Government and/or non-Government consultants/experts who are strictly bound by the appropriate non-disclosure requirements. No submissions will be returned.

Upon completion of the evaluation and selection process, an electronic copy of each proposal received will be retained at SDA.

Proposal titles, abstracts, anticipated benefits, and keywords of proposals that are selected for contract award will undergo a policy and security compliance review. Proposal titles, abstracts, anticipated benefits, and keywords are subject to revision and/or redaction by SDA. Final approved versions of proposal titles, abstracts, anticipated benefits, and keywords may appear on the DoD SBIR/STTR awards website and/or the SBA’s SBIR/STTR award website (https://www.sbir.gov/sbirsearch/award/all/).

6. Award Administration Information

6.1 Award Notices

The following notices will be provided as applicable:

Notification of Proposal Receipt. Within 7 business days after the closing date of the SBO to which proposers are applying, the individual named as the Corporate Official on the Proposal Cover Sheet will receive a separate e-mail acknowledging receipt for each proposal received. Please make note of the proposal number for your records.

Request for clarification (if applicable). SDA may request clarification of proposals at any time during the evaluation process. Modifications to proposals are not permitted.

Notification of Proposal Status. The selection decision notice will be available no later than 90 days after the closing date of the SBO to which proposers are applying. The individual named as the Corporate Official on the Proposal Cover Sheet will receive an email for each submitted proposal with notification of status.

Protests regarding the selection decision should be submitted to:

Space Development Agency

Office of the Under Secretary of Defense, Research and Engineering

3030 Defense…