MDA MILC_Attch 1_FAR Requirements_FINAL.pdf

DISTRIBUTION STATEMENT A: Approved for public release; Distribution is unlimited.

MDA Mobile Integrated Launch Capability, Solicitation No. HQ0860-26-S-C006 Attachment 1 Requirements for Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO)- Based Procurement Contracts

The following document provides an overview of some of the applicable requirements and regulations should a Revolutionary Federal Acquisition Regulation (FAR) Overhaul (RFO) -based procurement contract be recommended. 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 solicitation is issued under the provisions of

RFO 6.101, which provides for the competitive selection of white papers. Contract awards based on responses to this solicitation 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 Offerors: Offerors may propose subcontracting and teaming arrangements;

however, it is expected for the prime offeror to lead and perform 50% of the effort by cost.

C. Contract Type: MDA will consider all contract types recommended by the offeror (fixed price, cost reimbursement, etc.). Offerors are advised, in accordance with RFO 16.301- 3(a)(2), cost reimbursement type contracts require successful offerors to have an accounting system considered adequate for determining costs applicable to the contract. The Government is required to make a determination of cost realism (for cost reimbursement contract types) and price reasonableness (for all contract types) prior to any award.

D. Safeguarding Covered Defense Information: Offerors are advised that RFO-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.

RFO https://www.acquisition.gov/far-overhaul DFARS RFO https://www.acq.osd.mil/dpap/dars/dfars_far_overhaul_class_deviations.html RFO 52.240-90, Security Prohibitions and Exclusions Representations and Certifications RFO 52.240-91, Security Prohibitions and Exclusions DFARS RFO 252.204-7000, Disclosure of Information DFARS RFO 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls DFARS RFO 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS RFO 252.204-7021, Contractor Compliance with Cybersecurity Maturity Model Certification Level Requirements DFARS RFO 252.204-7025, Notice of Cybersecurity Maturity Model Certification Level Requirements DFARS RFO 252.240-7997, NIST SP 800-171 DoD Assessment Requirements

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

http://www.acquisition.gov/ https://www.acquisition.gov/far-overhaul https://www.acq.osd.mil/dpap/dars/dfars_far_overhaul_class_deviations.html

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1. Rights in Technical Data and Computer Software: The Government anticipates at a minimum, Government Purpose 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.

All technical data and/or computer software (other than commercial products and services) developed with mixed (Government and Contractor) funding.

The Government further anticipates Government Purpose Rights (as defined in DFARS RFO 227) to all technical data and/or computer 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 RFO 252.227-7992 “Identification and Assertion of Use, Release, or Disclosure Restrictions” to identify any restrictions to the Government’s rights. Prime offerors and subcontracts shall also adhere to the requirements of DFARS RFO 252.227-7028 “Technical Data or Computer Software Previously Delivered to the Government”. 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 (Attachment 1a.). The Government will assess any OCIs in accordance with the rules, procedures and responsibilities described in RFO 3.101-1, RFO 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 RFO 19.109.

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 RFO Part 15.

Certified cost and/or pricing data (RFO 15.403) will be required for any proposals that exceed the current Truthful Cost or Pricing Data threshold.

B. Eligible Offerors: Offerors may propose subcontracting and teaming arrangements; however, it is expected for the prime offeror to lead and perform 50% of the effort by cost.