MDA IST BAA_Attch 1_FAR Requirements.pdf

DISTRIBUTION STATEMENT A: Approved for public release; distribution unlimited

MDA IS&T BAA, Solicitation No. HQ0860-23-S-0001

Attachment 1

Additional Requirements for FAR-Based Procurement Contracts

The following document is an overview of the some of the applicable requirements and regulations should a FAR-based procurement contract be proposed. Note, this list is not all inclusive and the final terms and conditions of the contract will be negotiated prior to award.

A. Competition in Contracting Act (CICA): This is a Two-Step Open BAA issued under the provisions of FAR 6.102(d)(2), which provides for the competitive selection of research proposals. Contract awards based on responses to this announcement are considered to be the result of full and open competition and in full compliance with the provisions of Public

Law 98-369 sec. 2701, “Competition in Contracting Act of 1984".

B. Eligible Offeror/Applications: Offerors may propose subcontracting and teaming arrangements; however, it is expected for the submitting prime offeror to lead and perform

50% of the effort by cost.

C. Contract Type: It is anticipated that any FAR-based procurement contracts awarded as a result of this announcement will be cost-plus-fixed-fee. In accordance with FAR 16.301-

3(a)(3), cost reimbursement type contracts require successful offerors to have an accounting system considered adequate for determining costs applicable to the contract. The

Government does however, reserve the right to award the contract type most appropriate to the nature of the effort proposed.

D. Safeguarding Covered Defense Information: Offerors are advised that FAR-based procurement contracts are subject to the following provisions and clauses. Full text of these provisions and clauses can be found at https://www.acquisition.gov.

FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment

DFARS 252.204-7000, Disclosure of Information

DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information

Controls

DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber

Incident Reporting

DFARS 252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements

DFARS 252.204-7020, NIST SP 800-171 DoD Assessment Requirements

E. Offerors selected for Step-Two will be subject to the following requirements, at a minimum:

1. Rights in Technical Data and Computer Software: The Government anticipates

Unlimited Rights (as defined in DFARS Part 227) to all technical data and/or computer software (other than commercial products and services) developed exclusively with Government funds. The Government anticipates Government

Purpose Rights (as defined in DFARS Part 227) to all technical data and/or computer http://www.acquisition.gov/

Approved for public release 23-MDA-11422 (7 Apr 23) 2 software (other than commercial products and services) developed with mixed

(Government and Contractor) funding. Prime offerors and their subcontractors will be required to complete the table at DFARS 252.227-7017 “Identification and Assertion of Restrictions on the Government’s Use, Release or Disclosure of Technical Data or

Computer Software” to identify any restrictions to the Government’s rights. If no restrictions are being asserted, the table should state “None”. Government rights may be further negotiated prior to award.

2. Organizational Conflict of Interest: Prime offerors and their subcontractors will be required to complete MDA Form DA-78-F2 Organizational Conflict of Interest (OCI)

Analysis/Disclosure Form (see Attachment 1a.). The Government will assess any

OCIs in accordance with the rules, procedures and responsibilities described in FAR

Subpart 3.101-1, FAR Subpart 9.5 and DFARS Subpart 209.5. MDA will conduct an

OCI analysis based on the information submitted, as well as any additional information requested.

3. Small Business Subcontracting Plan: If applicable, prime offerors will be required to submit an acceptable Small Business Subcontracting Plan in accordance with FAR

Subpart 19.7.

4. Certified Cost and/or Pricing Data: Prime offerors and their subcontractors will be required to submit a fully disclosed cost proposal in accordance with FAR Part 15.

Certified cost and/or pricing data will be required for any proposals that exceed the current Truth in Negotiations Act (TINA) threshold.

F. Attachment:

1.a. MDA Form DA-78-F2 OCI Analysis and Disclosure Form