MDA IST BAA_Attch 2_OT Requirements.pdf

DISTRIBUTION STATEMENT A: Approved for public release; distribution unlimited

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

Attachment 2

Additional Requirements for Other Transaction Agreements

The following document is an overview of some of the applicable requirements should an Other

Transaction (OT) Agreement be proposed. Note, this list is not all inclusive and the final agreement will be negotiated prior to award.

A. Other Transaction Authority: MDA has the authority to enter into OTs for basic, applied, and advanced research under 10 U.S.C. § 4021 as well as OTs for prototype and production under 10 U.S.C. § 4022. These authorities are designed to encourage new or nontraditional defense contractors (defined at 10 U.S.C. § 3014) to work with the Department of Defense

(DoD). These authorities allow MDA to bring new, cutting edge solutions to the warfighter by, to the maximum extent practicable, accommodating a performer’s existing business practices and commercial industry standards. Traditional defense contractors are also encouraged to engage in OTs, particularly if they want to adopt commercial-like practices or standards, diversify into the commercial sector, or partner with nontraditional defense contractors. In all cases, MDA has the sole discretion to select the final award type, regardless of the instrument proposed.

B. Other Transaction for Prototype and Production: If an OT for prototype under the authority of 10 U.S.C. § 4022 is entered into pursuant to this announcement, this announcement and the entry into an OT for prototype will be considered the result of competitive procedures such that a follow-on production agreement or contract may be awarded.

C. Eligible Offerors/Applicants: All offerors looking for innovative, commercial-like arrangements are encouraged to propose the use of an OT, should it be appropriate for the nature of the research. Offerors are encouraged to review 10 U.S.C. § 3014, 10 U.S.C. §

4021 and 10 U.S.C. § 4022 to determine eligibility and conditions for OT awards. Offerors will be required to self-certify their business status prior to award.

D. Regulation/Statute: Any OT awards resulting from this announcement will maximize the use of commercial industry standards. While most FAR and DFARS regulations are not applicable to OTs, they may be adopted at the Government’s discretion. Any agreements awarded as a result of this announcement will incorporate the appropriate articles based on statute. OT awards are subject to the following statutes, at a minimum:

False Claims Act – 31 U.S.C. § 3279

False Statements – 18 U.S.C. § 1001

Civil Rights Act – 42 U.S.C. § 1981

Clean Air Act – 42 U.C.C. §7401

Clean Water Act – 33 U.S.C. § 1251

Endangered Species Act – 16 U.S.C. § 1531

Antideficiency Act (ADA) – 31 U.S.C. § 1341/1342/1517

Procurement Integrity Act – 41 U.S.C. § 2101, et seq.

Approved for public release 23-MDA-11422 (7 Apr 23) 2

Prohibition Against Doing Business with Certain Offenders and Contractors – 10

U.S.C. § 2393

Arms Export Control Act - 22 U.S.C. § 2751

Federal Property and Administrative Services Act – 40 U.S.C. Subtitle 1

DoD National Industrial Security Program – DoD Instruction 5220.22 and DoD Manual

5220.22

DoD Financial Management regulation (FRM) – DoD FMR 7000.14-R

E. Comptroller Access to Records: Any OTs awarded as a result of this announcement that exceed $5,000,000 will be subject to the right of the Comptroller General of the U.S. to access and examine the records of the offeror that are reasonably related to the offeror’s performance under the agreement.

F. 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 the right to use, duplicate, release or disclose technical data and/or computer software, developed exclusively with Government funding, without restriction. The Government anticipates the right to use, duplicate, release or disclose technical data and/or computer software developed with mixed (Government and Performer) funding, for Government purposes only. Prime offerors and their subcontractors will be required to identify and assert any restrictions on the Government’s use, release, or disclosure of technical data and/or computer software delivered under the effort. If no restrictions are being asserted, the offeror shall so state. Government rights may be further negotiated prior to award.

2. Organizational Conflict of Interest: Prime offerors and their subcontractors will be required to identify any potential or actual organizational conflicts of interest (OCIs) related to the proposed effort. The Government will assesses 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. Cost Data: Prime offerors and their subcontractors may be required to submit cost data to support the Government’s determination of price reasonableness.