NGC2 CSO W15P7T-25-S-0001.pdf

COMMERCIAL SOLUTIONS OPENING (CSO)

NEXT GENERATION COMMAND AND CONTROL (NGC2)

W15P7T-25-S-0001

PROGRAM MANAGER NGC2

U.S. ARMY PROGRAM EXECUTIVE OFFICE COMMAND, CONTROL,

COMMUNICATIONS, AND NETWORK (PEO C3N)

SECTION 1 – INTRODUCTION

1.1 BACKGROUND

Next Generation Command and Control (NGC2) is a clean-sheet, fundamentally different approach for an Army-wide, data-centric transformation that enables our commanders to make more, faster, and better decisions than the enemy. NGC2 will transform how the US Army conducts digital mission command by replacing fragmented vertical warfighting systems with integrated data, infrastructure, and network layers that can store, maintain, and manage data structurally and organizationally for presentation to commanders on demand. NGC2’s adherence to agile software delivery standards promotes the addition of new capability and functionality to rapidly scale and evolve to meet mission needs.

Army network and C2 modernization is driven by continuous iteration of flexible requirements, vendor teaming and competition throughout the lifecycle. This approach enables continuous integration and continuous delivery (CI/CD) of a secure, high performing, and adaptive data and network framework for operations in environments from enterprise-connected and cloud-enabled to austere and degraded. Delivering NGC2 capabilities will require process innovation across requirements, resourcing, acquisition and contracting.

NGC2’s open architecture is envisioned as a set of independent layers that rely on Government-approved open interfaces to communicate among and between the layers. Although independent, each layer is accessed by services that permit inter-layer functionality, such as orchestration that routes data differently in the transport layer depending on the availability of resources in the infrastructure layer. The performance of each layer, and the system-of-systems design, may be improved through modern and leap-ahead software development practices, such as DevSecOps.

The system should be designed and managed for continuous technology insertion and deletion through seamless on-ramps and off-ramps of a wide range of component solution providers.

The United States Army Contracting Command, Aberdeen Proving Ground (ACC-APG), on behalf of PEO C3N, is publishing this Commercial Solutions Opening (CSO) under the authority of 10 U.S.C. § 4022 to utilize Other Transaction Agreements (OTAs) to carry out a prototype project in support of NGC2. The information provided herein is intended to ensure that to the maximum extent practicable, competitive procedures are used to identify the best solutions received in response to this opening to carry out this prototype project.

1.2 CSO PROCEDURES

This CSO is a competitive solicitation seeking proposals for innovative, commercial technologies that accelerate attainment of defense capabilities. This CSO may result in the award of multiple prototype projects. These projects will include commercially available technologies and integration activities that deliver prototype capabilities for defense applications.

The CSO is soliciting for White Papers (WPs) in response to a Request for White Papers (RWPs).

The RWPs are aligned to the Statement of Objectives (SOO) published separately on the Joint Communications Marketplace (JCM) due to classification. WPs submitted in response to the RWP will be governed by this CSO unless otherwise noted in the RWP.

Other contracts or agreements that fit within the NGC2 ecosystem that were previously awarded under other solicitation methods may be incorporated into awards issued under this CSO.

The CSO will remain open for a period of two (2) years, during which subsequent RWPs may be released for any component or product related to the NGC2 ecosystem.

SECTION 2 – DEFINITIONS

“Commercial Solutions Opening” (CSO) is a competitive process for acquiring innovative commercial products or services as authorized by 10 U.S.C. § 3458.

“Nontraditional Defense Contractor” is defined in 10 U.S.C. § 3014 as an entity that is not currently performing and has not performed, for at least the one-year period preceding the solicitation of sources by the Department of Defense for the procurement or transaction, any contract or subcontract for the Department of Defense that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C. § 1502 and the regulations implementing such section.

“Other Transaction for Prototype Projects” refers to the type of Other Transaction Agreement (OTA) that may be awarded as a result of this CSO and associated RWPs. This type of OTA is authorized by 10 U.S.C. § 4022 for prototype projects directly relevant to enhancing the mission effectiveness of personnel of the DoD or improving platforms, systems, components, or materials proposed to be acquired or developed by the DoD, or for the improvement of platforms, systems, components, or materials in use by the armed forces.

“Prototype Project” as defined in 10 U.S.C. § 4022(e)(5) includes a project that addresses-

A proof of concept, model, or process – including a business process Reverse engineering to address obsolescence A pilot or novel application of commercial technologies for defense purposes Agile development activity The creation, design, development, demonstration of technical or operational utility Any combination of the above.

“Technical data” means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or financial, administrative, cost or pricing, or management information, or information incidental to contract administration.

“Unlimited rights” means rights to use, modify, reproduce, perform, display, release, or disclose technical data in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so.

“Nonprofit Institution” means a nonprofit institution, as defined in 15 U.S.C. § 3703 as an organization owned and operated exclusively for scientific or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual.

“Small Business” is defined in 15 U.S.C. § 632.

“Innovative” is defined in DFARS 212.7001 as any new technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or any application that is new as of the date of submission of a proposal of a technology, process, or method existing of such date.

“Request for White Paper” (RWP) means an announcement posted on Sam.gov which may result in the award of a prototype OTA, which may provide for the award of a follow-on production contract or transaction.

“Vendor” means a company that submits a WP or Proposal in response to the Commercial Solutions Opening (CSO) solicitation. The vendor acts as the primary entity responsible for the agreement on behalf of their team and will be the signatory on the Other Transaction Authority (OTA) award, ensuring compliance with all terms and conditions of the agreement.

SECTION 3 – SUBMISSION AND EVALUATION OF WPs AND PROPOSALS

3.1 GENERAL GUIDELINES

1. Unnecessarily elaborate proposals are not desired.

2. The U.S. Government does not fund preparation of proposals or support work efforts or tasks that are inferred from discussions with technical project officers. The vendor will not be reimbursed for any costs incurred prior to the effective date of the agreement, including costs associated with preparing, developing, submitting, and/or negotiations related to WPs and/or Prototype Proposals.

3. There are certain post-employment restrictions on former Federal officers and employees as defined in 18 U.S.C. § 207 and FAR 3.104-3(d). If a vendor believes a post-employment restriction or conflict of interest exists, the vendor shall notify the Agreements Officer as soon as possible.

4. Technical data with military application may require appropriate approval, authorization, or license for lawful exportation.

5. All WPs and Proposals shall be submitted as Unclassified or Controlled Unclassified Information (CUI). The Government team will handle this materiel as CUI category “Proprietary Business Information” (PBI). WPs and Proposals containing data that is not to be disclosed to the public for any purpose or used by the Government except for evaluation purposes shall include the following paragraph on the cover page:

“This [select one: White Paper or Proposal] includes data that shall not be disclosed outside the Government, except to non-Government personnel for evaluation purposes, and shall not be duplicated, used, or disclosed -- in whole or in part -- for any purpose other than to evaluate this submission. If, however, an agreement is awarded to this Company 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 agreed upon by both parties in the resulting agreement. This restriction does not limit the Government's right to use the information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained in sheets [insert numbers or other identification of sheets].”

Each restricted data sheet shall be marked as follows:

“Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.”

6. Submissions must be submitted electronically via the instructions included in the RWP.

7. Submissions sent through other channels than required in the RWP or after the RWP period has ended will not be considered, reviewed, or evaluated.

8. Identification of Intellectual Property (IP) and restrictions - Submissions shall identify (1) any patent involved in the effort and any royalty associated with the patent; and (2) any restrictions on the Government’s rights (e.g., data rights) in using/disclosing/reproducing/ modifying technical data, computer software, and non-technical data (e.g., business/ financial/administrative data and AI/Machine Learning training data) involved in the effort.

9. All rights, title, and interest in Government Customer Data will remain the property of the

Government. The Contractor/Licensor has no intellectual property rights or other claims to Customer Data that is hosted, stored, or transferred to and from the Products or the cloud services platform provided by the Contractor/Licensor, or to Customer’s Confidential Information and personally identifiable information.

3.2 STEP 1 – WHITE PAPER (WP)

WPs submitted in response to an RWP shall be submitted as specified in the RWP. The Government will evaluate WPs on the basis of the merit of the proposed concept in addressing the RWP and in accordance with the criteria stated in the RWP.

The Army expects to receive more WPs than available resources to award. The Government reserves the right to limit the number of vendors invited to submit a proposal. As such, a vendor’s solution may be evaluated to be of merit but not invited to submit a Proposal. WPs that are chosen for the Step 2 Prototype Proposal (Proposal) will be notified in writing as soon as practicable.

Upon completion of evaluations, the Government will notify the vendor that:

a. The proposed concept/technology/solution is of Government interest; the Offeror is invited to continue to Step 2 and submit a Proposal.

b. The proposed concept/technology/solution is of Government interest and the Government wishes to enter into negotiations directly from the WP.

c. The proposed concept/technology/solution is not of interest to the Government; or

d. The proposed concept/technology/solution is of interest to the Government, but not eligible for a Proposal due to the availability of Government resources. Within 180 calendar days from WP submission, the Government may invite the Offeror to continue to Step 2 and submit a Proposal.

The Government shall provide non-selection letters to all vendors that are not invited to continue to Step 2 and submit a Proposal. The non-selection letters will address why the WP was not selected for Step 2 and provide general feedback summarizing the rationale that led to the non-selection decision.

3.3 STEP 2 – PROTOTYPE PROPOSAL

For Step 2, the Government will provide Offerors whose WPs were evaluated to be of interest a Request for Prototype Proposal (RPP).

Proposals shall be evaluated as specified in the RWP.

Receipt of an RPP does not guarantee that an Offeror will receive an award. The Government reserves the right, at any point prior to award of an OTA, to cancel the RPP. Vendors are advised to commence SAM registration upon receipt of an RPP and must maintain registration in SAM throughout the CSO process.

The Government reserves the right to not fund or make award to any or all Proposals.

Note: Proposals submitted in response to an RPP shall not include any pass-through fees or overhead costs for purchasing hardware.

SECTION 4 – STEP 3 – PROTOTYPE OTA AWARDS

4.1 GENERAL GUIDELINES

Upon favorable review in accordance with the RWP’s stated evaluation procedures and available funds, the Government may choose to make one or more awards. Awards will be made using OTAs. The Agreements Officer will negotiate directly with the vendor on the terms and conditions of the OTA, including payments, and will execute the OTA on behalf of the Government. Only an Agreements Officer has the authority to enter into or modify a binding OTA on behalf of the Government.

To receive an award, vendors must register in the System for Award Management (SAM) and have a Unique Entity Identification (UEI). Vendors are required to maintain registration in SAM throughout the period of performance of the prototype project and during any subsequent follow-on production transaction or contract.

Vendors must also register in the prescribed Government invoicing system (i.e. Wide Area Workflow).

The vendor shall be determined to be responsible by the Agreements Officer and must not be suspended or debarred from award by the Federal Government nor be prohibited by Presidential Executive Order and/or law from receiving an award.

4.2 COMPTROLLER GENERAL ACCESS TO INFORMATION

In OTA awards that provide for payments in a total amount exceeding $5,000,000, the Agreement shall include a mandatory clause providing the Comptroller General the ability to examine the records of any party to the agreement or any entity that participates in the performance of the agreement.

4.3 PROCUREMENT INTEGRITY ACT (PIA)

As required by 10 U.S.C. § 4022(h), all OTAs awarded under this CSO shall be treated as Federal Agency procurements for purpose of 41 U.S.C. Chapter 21. Accordingly, the CSO competitive solicitation process and awards made thereof must adhere to the ethical standards required by the

PIA.

SECTION 5 – ITERATIVE PROTOTYPING

As it is the intent of the Army to enable access to commercially derived disruptive capabilities, Prototype OTAs awarded against this CSO will allow for an iterative prototyping process.

An iterative prototyping process will allow the Government to modify, by mutual agreement, the work in a prototype project to allow the adaptation and modification of the technology being prototyped to meet additional unique and discrete purposes/mission sets. These additional unique and discrete purposes/mission sets can be generated by the original Government customer or originate with other organizations within the Federal Government.

SECTION 6 – SUCCESSFUL COMPLETION

A Prototype OTA is considered to be successfully complete upon the appropriate approving Government official’s written determination that efforts conducted under the Prototype OTA meet one of the following objectives:

(1) met the key technical goals of a project;

(2) satisfied success metrics incorporated into the Prototype OTA; or

(3) accomplished a particularly favorable or unexpected result that justifies the transition to production.

A Prototype OTA does not need to be concluded in order to be determined successfully complete.

Successful completion can occur prior to the OTA’s conclusion of a prototype project to allow the Government to transition any aspect of the prototype project determined to provide utility into production while other aspects of the prototype project have yet to be completed. Any Prototype OTA shall contain a provision that sets forth the conditions under which that Prototype OTA will be considered to be successfully completed.

SECTION 7 – FOLLOW-ON PRODUCTION

Awards resulting from this CSO are deemed competitive. In accordance with 10 U.S.C § 4022(f), a follow-on OTA or contract for production may be awarded directly from (i) any resultant CSO prototype agreement, or (ii) contracts or agreements related to the NGC2 scope or stack that were previously awarded through other competitive procedures. Concepts, technologies, or solutions that have successfully completed OTA prototype projects can be transitioned to production. Any concept/technology/solution successfully proven through a Prototype OTA can be transitioned to production.

RWPs posted by the Government under this CSO and awarded prototype OTAs will include language providing for the potential award of a follow-on production contract or agreement as authorized under 10 U.S.C. § 4022(f).

The Government may evaluate responses and performance pursuant to this competitive CSO with responses and performance obtained through other competitive processes to execute additional procurement actions available under 10 U.S.C. § 4022 or other procurement mechanisms.

SECTION 8 – ADDITIONAL INFORMATION

8.1VENDOR ACCOUNTABILITY

During performance, each prime vendor will be held accountable for the successful performance as defined in the individual Prototype OTAs. The Government anticipates the need for collaborative communication between itself, OTA awardees under the CSO, external contracts and Agreements related to NGC2 or its ecosystem, and sub-vendors under the CSO despite not having direct privity of contract/agreement to ensure Government requirements are being met.

In addition to CSO agreements, Associate Vendor Agreements (AVA) or other similar agreements may be required to foster the collaborative participation necessary for the success in meeting the Government’s requirements. The intent of the AVAs is to share information, data, and/or technical expertise between public and private stakeholders to ensure cooperation and success to the greatest degree to meet the terms of an order. Vendors will not be relieved of any agreement terms and/or conditions as a result of a disagreement under an AVA, nor is the Government liable for improper disclosure of any proprietary information as a result of an AVA or similar agreements.

The Government reserves the right to specify subcontracts, service providers and/or license agreements in agreements.

The Government encourages competent vendors (and any sub-vendors) to be on multiple teams to achieve the best solutions.

8.2 ORGANZITIONAL CONFLICTS OF INTEREST

FAR 2.101 defines “organizational conflict of interest (OCI)” as meaning that because of other activities or relationships with other persons, a person/company is unable to render impartial assistance or advice to the Government, or the person's/company’s objectivity in performing the contract work is or might be otherwise impaired, or the person/company has an unfair competitive advantage. The Government seeks to acquire unbiased advice and/or goods and services from /vendors that are free from, or have been adequately mitigated from, OCIs relating to this CSO.

To prevent an OCI issue relating to NGC2 ecosystem needs, vendors performing on this CSO agree that the vendor’s future procurement with the Government may be restricted if unable to avoid, neutralize, or mitigate actual or potential OCIs before an OTA award.

The Government will not automatically exclude a vendor due to an actual or potential OCI.

Agreements Officers are committed to working with potential vendors to eliminate or mitigate actual and potential OCI situations, without detriment to the integrity of the competitive process, NGC2 mission, or the legitimate business interests of the community.

If the vendor is aware, or should have been aware, of an OCI before award of this agreement and fails to fully disclose that conflict to the Agreements Officer, the Government may terminate the vendor for default.

The vendor, by submitting a WP, Prototype Proposal, and/or signing the agreement, warrants that it is not currently aware of any actual or potential OCI relating to any agreement awarded under this CSO.

The vendor has an ongoing obligation to make “a prompt and full disclosure” to the Agreements Officer of any OCI that arises during the performance of the Agreement, as well as newly discovered conflicts that existed before contract award.

The OCI Mitigation Plan shall become part of the resultant agreement, and the vendor shall update its OCI Mitigation Plan within 30 calendar days of any changes to the legal construct of the organization, sub-vendor changes, and/or significant management or ownership changes that would result in an actual or potential OCI under this Agreement.

8.3 GOVERNMENT FURNISHED PROPERTY (GFP)

Upon provision of GFP, the team lead vendor shall have a period of five (5) business days to review the GFP and identify any concerns or discrepancies to the Government. The vendor must notify the Agreements Officer in writing within this period, detailing any issues found with the GFP provided. If no concerns are identified and communicated within the five (5) business day period, the vendor shall be deemed to have accepted the GFP as is.