PFC_Proposer_Day_Slides_STEVENS_CMO_case_26450_approved.pptx

Protected Forward Communications (PFC)

STRATEGIC TECHNOLOGY OFFICE

HR001118S0009

DARPA Contracts Management Office Catherine L. Stevens – Contracting Officer “Doing Business with DARPA – the BAA process” PFC Proposers’ Day December 14, 2017 McLean, VA 12/12/2017 Approved for Public Release, Distribution Unlimited case 26450

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FedBizOpps: www.fbo.gov

BAA

BAA Amendments Q&A Important Dates:

Posting Date: December 7, 2017 Proposers’ Day: December 14, 2017 Request for FOUO appendix: December 15, 2017 Proposal Abstract Due Date: January 3, 2018 @ 4PM EST Questions Due Date: January 3, 2018 @ 4PM EST Proposal Due Date: February 14, 2018 @ 4PM EST BAA Closing Date: June 6, 2018 @4PM EST

HR001118S0009

NOTE: If there is any discrepancy between what is presented today and the BAA, the BAA takes precedence.

Described in Federal Acquisition Regulation Part 35:

For the acquisition of basic and applied research FAR 35.016 (a): Shall only be used when “meaningful proposals with varying technical/scientific approaches can be reasonably anticipated.”

Not a Request for Proposal (RFP) FAR Part 15 does not apply*

BAA Process: Regulations

*NOTE: FAR SUBPART 15.4 WILL APPLY FOR CONTRACT PRICING

- The process by which DoD funds R&D efforts:

- Not for the acquisition of tangible goods or services – major weapons systems, construction, IT, Advisory and Assistance Services

- BAA contains performance objectives, and a standard flight profile in which to demonstrate them….BUT we are not mandating a particular technological solution. No drawing packages provided, use of MILSPECs mandated.

- “Program’ BAA is more toward the applied research side of things versus a DSO BAA for basic mathematics. It’s more focused than the office-wide BAA.

- Nevertheless….it allows for a wide range of innovative solutions.

- Don’t have to follow the RFP process spelled out a Part 15 which is much more onerous and process based. No competitive range determination, final proposal revisions, etc.

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Per FAR 35.016(d): “Proposals received as a result of the BAA shall be evaluated in accordance with evaluation criteria specified therein through a peer or scientific review process. Written evaluation reports on individual proposals will be necessary but proposals need not be evaluated against each other since they are not submitted in accordance with a common work statement.”

Proposals are not ranked. No color, adjectival, or numerical “scoring” systems are employed during the Scientific Review Process

BAA Process: Evaluation

- We can subtract/delete effort from a proposal, break off portions into contract options to be funded at the discretion of the Government, CANNOT ADD WORK During negotiations.

- Can’t give precise number of awards to be made during Phase 1 or budget per proposal. Propose a program that makes sense and the corresponding budget

- Because a wide variety of approaches are anticipated, there is no common statement of work and proposals are not compared against one another.

- Rather a subset of the proposals is determined to be “selectable” AND

- Based on the available budget, and the need to put together a balanced program that is most advantageous to the Government, the funding decisions are made from among the selectable proposals.

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In Descending Order of Importance:

Overall Scientific and Technical Merit Potential Contribution and Relevance to the DARPA Mission and Plans and Capability to Accomplish Technology Transition to a potential full development and user trial (DUT) effort Cost and Schedule Realism

Complies with guidance at FAR 35.016(e):

“The primary basis for selecting proposals for acceptance shall be technical, importance to agency programs, and fund availability. Cost realism and reasonableness shall also be considered to the extent appropriate.”

BAA Process: Evaluation Criteria

- How is select ability determined – in accordance with the evaluation factors.

- The factors we are using are in accordance with the FAR….

- Keep in mind funds availability….if you propose the whole budget, although your proposal might be selectable, you likely won’t be funded (unless your cost sharing.)

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Single phase program

With a Mid-Point option

Must submit proposals with base and fully priced option

Multiple Awards are anticipated

BAA Process: Award Information

DARPA reserves the right(s) to:

Select for negotiation all, some, one, or none of the proposals received and to make awards with/without discussions

Accept proposals in their entirety or only portions of proposals for award Segregate portions of proposal into pre-priced options Negotiations may be opened with proposer

BAA Process: Award Information

DARPA reserves the right(s) to:

Fund proposals in phases with options for continued work at the end of one or more of the phases

Remove proposers from award consideration should the parties fail to reach agreement on award terms, conditions and cost/price

Fundamental/Non-Fundamental Research:

Indicate in proposal whether scope of research is fundamental or not Non-fundamental: Pre-publication approval will be required BAA Process: Award Information

FAR-based procurement contract or Other Transaction (OT) Agreement

No grants or cooperative agreements

Proposers without a DCAA-approved cost accounting system should submit an SF 1408 with proposal to receive a cost reimbursement contract

Other Transaction (OT) – must meet eligibility criteria – refer to 10 U.S.C. § 2371b

CO has sole discretion to select award instrument type and to negotiate all instrument terms and conditions with selectees

BAA Process: Award Instrument(s)

- Grants or cooperative agreements: “to carry out public purpose of support or stimulation.” What the heck does this mean….Basically more appropriate for basic research – vaccine research, mapping genes, studying primate mating patterns. Don’t include many specific deliverables…we’re more in the applied realm.

- Non-traditional defense contractor… A business unit that has not, for a period of at least one year prior to the date of the OT agreement:

Any contract in excess of $500,000 to carry out prototype projects or to perform basic, applied, or advanced research projects for a Federal agency that is subject to the Federal Acquisition Regulation.

Not subject TINA, can use IRAD dollars as cost share. use of OT authority that invokes cost-sharing requirements should be limited to those situations where there are commercial or other benefits to the awardee.

Ultimately, Contracting Officer decides award benefits.

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Only organizations capable of receiving, processing, and storing export-controlled information are eligible for awards Non-U.S. organizations/individuals may not participate as a prime contractor.

Non-U.S. organizations/individuals may act as subcontractors to the extent that the prime contractor can ensure such participants comply with any necessary non-disclosure agreements, security regulations, export control laws (see below) and other governing statutes applicable under the circumstances.

Non-U.S. organizations or individuals acting as subcontractors will perform solely at the unclassified level.

Foreign participants may participate to the extent authorized by applicable Export Laws (ITAR, EAR)

No portion of the BAA will be reserved for small business, no evaluation preference

Classified submissions have specific requirements

BAA Process: Eligibility Information

- As long as you are not debarred or know of any reason why you should be debarred, i.e. delinquent taxes

- Keep in mind bullet number 2 when putting together your proposal. This could restrict the flow of information between team members.

- Small business participation encouraged, but not required.

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Government agencies/labs, FFRDCs cannot propose to this BAA in any capacity, UNLESS:

Can clearly demonstrate the work is not otherwise available from the private sector, AND

Provide written documentation citing the specific statutory authority (as well as, where relevant, contractual authority) establishing eligibility to propose to government solicitations

BAA Process: Eligibility Information

- Typically they provide an advisory and assistance type role, but some can also propose.

The fact that private industry is here could be inferred to mean that they are a priori competing with industry. So, as an FFRDC you really must bring a unique capability to the table to be eligible.

The Scientific Review Panel along with the PCO get to make the final decision.

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Organizational Conflicts of Interest:

Without prior approval or a waiver from the DARPA Deputy Director, in accordance with FAR 9.503, a contractor cannot simultaneously provide scientific, engineering, technical assistance (SETA) or similar support and also be a technical performer

Must address in your proposal if providing SETA or similar support to any DARPA technical office(s) through an active contract or subcontract

Contact DARPA in advance of submitting proposal BAA Process: Eligibility Information

Clearly mark proprietary and classified information

Volume I, Technical and Management Proposal:

Section I: Administrative Section II: Summary of Proposal Section III: Detailed Proposal Information Section IV: Additional Information

Volume II, Cost Proposal:

Cost tables in MS Excel format w/ formulas intact Cost breakdown: Direct labor, indirect rates, ODC, Material Subcontractor proposals: Required/may be submitted to Govt. directly Supporting documentation for proposed ODC & Material amounts

BAA Process: Proposal Requirements

Small Business Subcontracting Plan (required for FAR contracts > $700K awarded to large businesses)

Certified Cost and Pricing Data Required (FAR contracts > $750K)

Organizational Conflict of Interest & Procurement Integrity (SETA/Performer)

Online Representations & Certifications – FAR & DFAR

Wide Area Workflow (WAWF) i-Edison

BAA Process: Proposal Considerations

- Applies to contracts and subcontracts. A mitigation plan must be provided with proposal. The plan will be reviewed. A recommendation will be mad to the DARPA director who must grant a waiver. Up to the Government’s discretion.

- SAM is replacement for former CCR, make sure online reps and certs are up to date.

- SBSP to meet Government’s socio-economic goals. Plan is not evaluated during review process. BUT, for selected (for funding) proposals, reviewed by DARPA Small Business Office, approved by Contracting Officer. Reporting on subcontracts happens during contract performance – semi-annually

- Truth in Negotiations Act (TINA) – must certify that all costs are current, accurate and complete.

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Human Subjects Research Animal Use Export Control – Clause/Language will be included in award Subcontracting System for Award Management (SAM) Cost Accounting Standards (CAS) Notice & Cert Reporting Executive Compensation and First-Tier Subcontract Awards Safeguarding Covered Defense Information and Cyber Incident Reporting BAA Process: Administrative & Policy Requirements

Data Rights Assertions – DFARS 252.227-7013/7014:

Identify all non-commercial and commercial technical data & computer software to be generated, developed, and/or delivered to which the Government will receive less than Unlimited Rights and assert specific restrictions on those deliverables Assertions required for Prime and Subs Use defined “Basis of Assertion” and “Asserted Rights Category” Justify “Basis of Assertion” This information is assessed during evaluations and will be incorporated into any contract award Avoid broad/vague assertions

BAA Process: Intellectual Property

- The Government respects background IP. However, can be a double-edged sword. If a company owns all of the IP we can’t transition the technology to the services easily. If all the IP has already been developed – what are we paying for then?

- Evaluated under “Potential Contribution and Relevance to the DARPA Mission”

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PATENTS: Include documentation proving your ownership of or possession of appropriate licensing rights to all patented inventions (or inventions for which a patent application has been filed) that will be utilized under your proposal for the DARPA program.

i-Edison: All patent reports and notifications must be submitted electronically

BAA Process: Intellectual Property

We want to avoid infringing on your patents down the road and ensure that the Government isn’t sued for infringement as a result of awarding a contract to be performed using inventions which you don’t have the rights to use.

ALL questions to HR001118S0009@darpa.mil

After Receipt of Proposals – Government (PM/PCO) may communicate with proposers to understand the meaning of some aspect of the proposal that is not clear or to obtain confirmation or substantiation of a proposed approach, solution, or cost estimate

Only a duly authorized Contracting Officer may obligate the Government

Informal feedback will be provided upon request once selections are made. No formal “debriefing” (see FAR 15.506) will be provided.

BAA Process: Communications

- Not the COR, Not the PM, Not a contractor….we want to avoid them making any unauthorized commitments, do not want to violate anti-deficiency act, if you perform without the direction of the PCO you risk not being paid.

- Informal feedback will be given – with respect to YOUR proposal only. No ranking (because we don’t do it), no comparisons to other proposals.

BAA Process: “Best Practices” Approved for Public Release, Distribution Unlimited case 26450 Read the BAA in its entirety – several times

Pay special attention to:

Evaluation Criteria Proposal instructions – cover all required elements Include Representations & Certifications

Take advantage of templates & checklists provided Submit questions by due date and time Submit proposal abstract by due date and time Be detailed and thorough

- Grants or cooperative agreements: “to carry out public purpose of support or stimulation.” What the heck does this mean….Basically more appropriate for basic research – vaccine research, mapping genes, studying primate mating patterns. Don’t include many specific deliverables…we’re more in the applied realm.

- Non-traditional defense contractor… A business unit that has not, for a period of at least one year prior to the date of the OT agreement:

Any contract in excess of $500,000 to carry out prototype projects or to perform basic, applied, or advanced research projects for a Federal agency that is subject to the Federal Acquisition Regulation.

Not subject TINA, can use IRAD dollars as cost share. use of OT authority that invokes cost-sharing requirements should be limited to those situations where there are commercial or other benefits to the awardee.

Ultimately, Contracting Officer decides award benefits.

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