Att 05 TC Note 09.10.26.pdf

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Synthetic Training Environment (STE) Virtual Software (VSW)
Solicitation number
STE-VSW-26-0006
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This document is a Terms and Conditions Note for an Other Transaction Agreement (OTA) prototype project under the Synthetic Training Environment Virtual Software (STE VSW) program, managed by the Program Executive Office for Simulation, Training, Test & Threat (CPE ST3).

The performer must meet three eligibility criteria: (A) the performer and its subcontractors/partners are not debarred or ineligible for federal funding; (B) the performer and its subcontractors/partners have not been convicted of fraud or had civil judgments rendered against them within the past three years related to government contracts; and (C) the performer qualifies for an OTA under 10 U.S.C. §4022 by meeting one of three statutory requirements: including at least one nontraditional defense vendor in a significant capacity, having all significant participants be small businesses or nontraditional defense vendors, or having at least one-third of the total prototype project cost funded by parties other than the Federal Government. Failure to meet conditions A, B, or C renders the agreement null and void.

The Government may award one or more follow-on production contracts to prototype project participants based on successful completion. Prototype success is evaluated on a sprint-by-sprint and milestone basis, with funding for subsequent Contract Line Items (CLINs) not guaranteed. Performers may only execute against the next CLIN upon receipt of a signed Certificate of Completion from the Agreements Officer Representative (AOR) and confirmation email from the STE-VSW Assistant Program Manager or AOR. No charges may be incurred against future CLINs without authorization. If the Government orders a cease of development, no payment is due for work performed after that date. The Government must define successful prototype completion criteria at the time of award to justify awarding a noncompetitive follow-on production contract. Points of contact include MAJ Rob Scrip and Erin Nicholson (STE VSW), and the ACC-Orlando Agreements Officer and Specialist team.

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TERMS AND CONDITIONS NOTE

A. The Performers, or any of its subcontractors/partners are not presently debarred, suspended, proposed for debarment, or otherwise declared ineligible for award of funding by any Federal agency.

B. The Performers, or any of its subcontractors/partners have not been convicted nor had a civil judgment rendered against it within the last three years for fraud in obtaining, attempting to obtain, or performing a government contract.

C. The Performers, are eligible for an Other Transaction Agreement in accordance with 10 U.S. Code

(S)4022, based on the following statutory criteria (select one of the following):

[ ] a. There is at least one nontraditional defense Vendor participating to a significant extent in the prototype project; or

[ ] b. All significant participants in the transaction other than the Federal Government are small businesses or non-traditional defense Vendors; or

[ ] c. At least one third of the total cost of the prototype project is to be paid out of funds provided by parties to the transaction other than the Federal Government.

* Failure to meet A, B, or C will deem the agreement null and void. *

As outlined in the Call for Solutions (CFS) for Program Executive Simulation, Training, Test & Threat

(CPE ST3), Program Manager Simulation (PM SIM) - Synthetic Training Environment Virtual Software

(STE VSW) the Government intends to make one or more awards based on the STE VSW CFS. In accordance with 10 U.S.C 4022(f) "the Government may provide for the award of a follow-on production contract or transaction to the participants in the transaction, in this project that will be specific to the vendors prototype solution.

Success of the prototype will be assessed on a sprint-to-sprint / milestone basis. Funding on subsequent

CLINs is not guaranteed. Performers will be allowed to execute against the next CLIN once: (1) the

Certificate of Completion for the previous sprint is signed by the Agreements Officer Representative

(AOR) and (2) the vendor has received an email from the STE-VSW, Assistant Program Manager (APM) or Agreements Officer Representative (AOR) that states that the Government exercises its right to continue execution onto the next CLIN/sprint. Unless these conditions are met, the vendor will not incur any charges against future CLINs. If the Government decides to cease development, the vendor will not be paid for any work done after the date of the Cease Development order; and under no circumstances will be allowed to incur and/or accumulate charges to be submitted as an invoice, REA, or any other request or demand for payment for work not authorized to be performed under this Order. This clause supersedes any clauses that may be included in the base.

The Government must define successful prototype completion to award a noncompetitive follow-on production contract or transaction to the vendor. For this specific transaction, successful prototype completion is defined at to be identified at time of award.

Point of Contact List:

Synthetic Training Environment Virtual Software – STE VSW

MAJ Rob Scrip, Assistant Program Manger, robert.j.scrip.mil@army.mil

Erin Nicholson, Assistant Program Manager, erin.m.nicholson2.civ@army.mil mailto:robert.j.scrip.mil@army.mil mailto:erin.m.nicholson2.civ@army.mil

ACC-Orlando Mark A. Muñiz – Agreements Officer (AO) Branch Chief / Authorizing Official for OTAs mark.a.muniz6.civ@army.mil, (520) 714-5628 Sean J. Johnson – Agreements Officer (AO), sean.j.johnson2.civ@army.mil Dave Hagler – Agreements Officer (AO), david.a.hagler.civ@army.mil, (520) 714-5666 Ruth Torres – Agreements Specialist (AS), ruth.e.torres10.civ@army.mil, (520) 714-5519 Kimberly Skinner – Agreements Specialist (AS), kimberly.c.skinner.civ@army.mil, (520) 714-5574

Vendors / Members / Performers (TBD) mailto:mark.a.muniz6.civ@army.mil mailto:sean.j.johnson2.civ@army.mil mailto:david.a.hagler.civ@army.mil mailto:ruth.e.torres10.civ@army.mil mailto:kimberly.c.skinner.civ@army.mil

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